Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of High Jinks dba The Painted Navel. The collective work includes works that are licensed to The Painted Navel. Copyright 2010, The Painted Navel. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with The Painted Navel or purchasing The Painted Navel Extreme Makeup FX products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with The Painted Navel or to purchase The Painted Navel products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized in writing by The Painted Navel. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of The Painted Navel used in the site are trademarks or registered trademarks of The Painted Navel and the products it is authorized to sell.
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, High Jinks disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. High Jinks does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. High Jinks does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
High Jinks shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if High Jinks has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a High Jinks product is mistakenly listed at an incorrect price, High Jinks reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. High Jinks reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, High Jinks shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by High Jinks without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
High Jinks may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to High Jinks.
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of High Jinks products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of High Jinks products) must be commenced within one (1) year after the claim or cause of action arises. High Jinks's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. High Jinks may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a High Jinks or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
High Jinks does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, High Jinks is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, High Jinks reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to High Jinks in its sole discretion.
You agree to indemnify, defend, and hold harmless High Jinks, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, High Jinks may link to sites operated by third parties. However, even if the third party is affiliated with High Jinks, High Jinks has no control over these linked sites, all of which have separate privacy and data collection practices, independent of High Jinks. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, High Jinks seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
The Painted Navel can not and does not accept returns on opened makeup products. We accept return on unopened, unaltered and in factory condition supplies, tools and equipment at our discretion.
We understand that people want and need to see color selections and to try products, however by not accepting returns we ensure clean, safe makeup is sold to our customers. Any accepted returns item include a 20% restocking fee.
Please contact us for more information on returning an item. Thank you. (844) 666-FACE firstname.lastname@example.org
No makeup that has had the security seal, has been opened or used is accepted for return. This includes but is not limited to, cake makeups, liquids, airbrush paints and inks, glitter, eyeshadows, mica powders, fx blood, gel effects, hair and body sprays, fixing sprays and powders. Supplies, tools and equipment may be accepted for return at our discretion. Items must be unopened, unused, unaltered, undamaged and in factory new condition to be considered for return. This includes but is not limited to paint brushes, palettes, spatulas, sponges, art tables, airbrushes, compressors, stencils, bottles, and practice heads. Original sales invoice shipping receipt must accompany returns.We accept returns for exchange or store credit 7 calendar days after delivery of the product.
At our sole discretion after 7 calendar days, we will offer an exchange or store credit only. All items must be in "new, unaltered and unused condition".
Definition of new, unaltered and unused condition is: • - unopened, with security seal intact and without showing signs of wear or damage, or trial in any way • -within 7 calendar days of the delivery date (after 7 days no returns are allowed) • -must not be a bulk or special order or a custom order • -unless noted that it cannot be returned or has a different return policy time period other than that 7 days noted in that item's particular item description.
If an item is received damaged or is incorrectly shipped by us please contact us immediately. Items that are defective and shipped from us or items that you did not order but received from us will qualify for store credit or a cash refund. Refunds are contingent upon inspection of item(s) once we receive it. There is a 20% restocking fee for returned items that are not being exchanged and are not damaged. Again you MUST contact us within 7 days if you intend to return ANY item back to our store. Items returned to us AFTER 7 days and WITHOUT contacting us will NOT be refunded. Any makeup or supplies opened, are not intact ans will not be accepted for return. Customer is responsible for all shipping costs if seller is not at fault.
We are not responsible for how shipping carriers handle shipments, this includes late ad lost shipments, With the exception of products that must ground ship Standard Post packages are sent Priority Mail. We use USPS as the carrier. Items that ship Priority are insured for up to $50 any additional insurance must be purchased separate. Tracking is provided with notices sent by the USPS on Priority packages, Standard Post packages have tracking recorded in the customers account.