Terms and Conditions
This website is operated by Bvddieminks. Throughout the site, the terms “we”,“us” and “our” refer to Bvddieminks. Bvddieminks offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing anything from us, you participate in our “service” and agree to be bound by the following terms and conditions (“terms of service”, “terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These terms of service apply to any person who uses this site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these terms of service thoroughly before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these terms of service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these terms of service are considered an offer, acceptance is expressly limited to these terms of service.
Any new features or items which are added to the current online store shall also be subject to the terms of service. You can review the most current version of the terms of service at any time on this page. We reserve the right to update, change or replace any part of these terms of service by posting updates and/or changes to our website. It is the users responsibility to check this page occasionally for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.Our store is hosted on Shopify. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service, use of the service, or access to the service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these terms.
SECTION 2 – ONLINE STORE TERMS
By agreeing to these terms of service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.A breach or violation of any of the terms will result in an immediate termination of your services.
SECTION 3 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the service.
SECTION 4 – ACCURACY, COMPLETENESS AND TIMELINESS OF
INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 5 – PRODUCTS OR SERVICES (IF APPLICABLE)
Certain products or services may be available exclusively online through the website.
These products or services may have limited quantities and are subject to return or exchange only according to our return policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.
SECTION 6 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these terms of service.
SECTION 7 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our returns policy.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these terms of service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our privacy policy. Please review our privacy policy thoroughly.
SECTION 11 – PROHIBITED USES
In addition to other prohibitions as set forth in the terms of service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the service or of any related website, other websites, or the internet; (h) to collect or track the personal information of others; (I) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the service or any related website, other websites, or the internet. We reserve the right to terminate your use of the service or any related website for violating any of the prohibited uses.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the service or on any related website, including without limitation, pricing information, except as required by law.No specified update or refresh date applied in the service or on any related website, should be taken to indicate that all information in the service or on any related website has been modified or updated.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Bvddieminks, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Product Use Disclaimer
Our products, including but not limited to eyelash extension supplies and nail products, are intended for professional use only by trained and licensed professionals. By purchasing and using our products, you acknowledge and agree that:
- All products must be used strictly in accordance with their intended purpose, product descriptions, and manufacturer instructions.
We are not responsible or liable for any injury, damage, or loss resulting from the misuse, mishandling, or improper application of our products, including but not limited to:
- Use of lash products on clients not suited for lash extension services.
- Use of nail products in a manner inconsistent with professional nail services.
- Use of any product by untrained individuals.
- It is your responsibility to ensure you are properly trained, licensed (where applicable), and knowledgeable in the safe application of these products.
- You accept full responsibility for any outcomes resulting from the use of our products.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Bvddieminks and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these terms of service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these terms of service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these terms of service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these terms of service shall not constitute a waiver of such right or provision.
These terms of service and any policies or operating rules posted by us on this site or in respect to the service constitutes the entire agreement and understanding between you and us and govern your use of the service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the terms of service).
Any ambiguities in the interpretation of these terms of service shall not be construed against the drafting party.
SECTION 17 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These terms of service are effective unless and until terminated by either you or us. You may terminate these terms of service at any time by notifying us that you no longer wish to use our services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these terms of service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our services (or any part thereof).
SECTION 18 – GOVERNING LAW
These terms of service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of 944 North Park Street, V8T 1C6, Victoria, BC, Canada.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the terms of service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these terms of service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the service following the posting of any changes to these terms of service constitutes acceptance of those changes.
SECTION 20 – Training courses
- We offer both online and in person training courses and the details of our courses are as described on Our Site.
- Please read the descriptions of our courses carefully before you place an order as you are responsible for making sure that they are suitable for your needs. Accreditation varies from country to country and you should make enquiries of the relevant governing body to ensure that our courses are recognised where you work.
- For us to assess your work on any course other than a beginners course, you must
- provide us with proof of your status as a qualified professional lash technician by producing evidence of your qualifications, certification, licence and/or evidence of work in the lash industry (as may be applicable in the country in which you work).
- If you do not provide the evidence set out to our satisfaction we will not assess your work (if an online training course) or let you take part in the course (if an in person course).
- We do not offer refunds in the event you have chosen an unsuitable course, fail to provide us with the evidence set out or choose not to take part in the course you have booked.
Online training courses
- Submitting an order for an online training course is an offer by you to enter into a Contract with us for the provision of Services which we are free to accept or decline at our discretion.
- If we accept your order then we will make the relevant online training course available to you through your account area of Our Site. The Contract between us will only be formed when we do this.
- If we do not accept your order then we will notify you by email, refund any payment you have made and your access to the course will cease.
- We provide customer support 9:00am – 5:00pm Central standard time (CST) if you have any difficulties accessing, using or operating our online training courses (other than problems with your own computer hardware, software, operating system or internet access). Please email dulce@bvddieminks.com if you need help.
- Once you have purchased an online course, you agree to waive your cancellation rights as you have immediate access to the content. We cannot transfer courses.
We may:
- Update or remove any content from our online training courses at our absolute discretion without any liability to you;
- Carry out maintenance on our online training courses at any time and you confirm you understand that there may be times that our online training courses are unavailable; and/or
- Decide to stop providing our online training courses completely and terminate the Contract.
- If you breach these Terms or our terms of website use we may suspend your access to our online training courses and/or terminate the Contract.
- In the event we terminate the Contract we shall refund any course fees paid for the part of the course that has not been completed. If we terminate the Contract any reasonable expenses incurred by us as a result of your breach will be deducted from this refund.
In-person Training Courses:
Email Confirmations will show you the dates and times of the course you choose to enroll for. Submitting an order for an in person training course is an offer by you to enter into a Contract with us for the provision of Services which we are free to accept or decline at our discretion.
If we accept your order then we will notify you by email and confirm the date and time of the course you have selected. The Contract between us will only be formed when we do this. Once a payment is made and accepted then it is non refundable.
If we do not accept your order then we will notify you by email and will refund any payment you have made.
Full payment is required 1 week prior to the training date.
You are required to provide your own models for in person training courses. Models must be over the age of 16, have a good set of natural lashes and be able to lie still for up to three hours.
If you are unable to provide your own model you must let us know as soon as possible.
If we are able to provide a suitable model we may do so on payment of an additional fee of $30. If it is not possible for us to provide a suitable model, or a model does not turn up for any reason, then a mannequin head will be provided instead.
You must comply with our instructions whilst taking part in a course. We reserve the right to stop a course and/or exclude you from it if, in our reasonable opinion, there is a risk:
- To the health, safety or wellbeing of any person;
- Of damage to our equipment or the property where the course is taking place;
- That a term of this agreement may be breached, and
- There will be no refunds given in these circumstances.
Rescheduling an in person training course:
If you need to reschedule an in person training course you must let us know as soon as possible through email at dulce@bvddieminks.com
Provided you notify us in accordance with the above 14 days or more before your course is due to take place, we will allow you to reschedule your course by selecting an alternative date and time from the available options shown on Our Site. You may only reschedule your course once.
We do not provide refunds in the event you fail to turn up to your course or if you cancel the course once already attended and participated in any part of the training.
In the event that we are unable to provide a course we will contact you as soon as we can and give you the opportunity to reschedule it. If you choose not to reschedule the course then it will be treated as a “cancelled course” and all enrollment fees and any other fees will not be refunded. Please note that we will not refund any travel accommodation or other expenses that may have been incurred in relation to a cancelled course.
All deposits for the Bvddieminks In-Person training are non-refundable. All enrollment fees are non-refundable. All Bvddieminks In-Person Trainings are non-refundable. All Bvddieminks Online Courses are non-refundable once access has been granted to all or any part of the courses.
Our intellectual property in the Services
We are the owner or the licensee of all intellectual property rights in the Services including Our Site, BM and the other the material published on it, the content of the private BM chat group on Facebook, our online and in person training courses and the documentation provided as part of them (Our Content).
You may use the techniques and know-how you learn from Our Content whilst carrying out lash work on your own clients and you may also use the material on Our Site as set out in our terms of website use.You must not use Our Content in any other way without our prior written permission.
For the avoidance of doubt you must not (and must not assist or allow any other person to):
- Copy, reproduce, screen shot, scan, sell, publish, distribute, retransmit, archive, commercially exploit, create derivative works (either by electronic means or otherwise), or otherwise share Our Content;
- Provide access to Our Content to any other person; or
- Use Our Content to train any other person or offer training courses.
If we reasonably believe you are in breach of this then in addition to any other rights or remedies we may have against you we may disable your account and/or terminate the Contract. Refunds are not provided in these circumstances.
We reserve the right to make changes to Our Content at any time.
SECTION 22 – CONTACT INFORMATION
Questions about the terms of service should be sent to us at dulce@bvddieminks.com
BVDDIEMINKS TRAINING CANCELLATION & RESCHEDULING POLICY
By booking a training with BVDDIEMINKS, you acknowledge and agree to the following Training Cancellation & Rescheduling Policy.
1. Deposits Are Non-Refundable
All training deposits are NON-REFUNDABLE and are used to reserve your training date and secure your place in the class.
Once a deposit has been submitted, it will not be refunded, transferred, or credited toward another training date due to cancellation, failure to attend, or a change of plans, except where required by applicable law.
2. Training Payments Are Non-Refundable
All payments made toward a training are considered a commitment to the scheduled training date.
If you choose to cancel your training, no refund will be issued for the deposit or any additional payments made toward the training, except where required by applicable law.
3. Rescheduling
We understand that unexpected circumstances may occur. Rescheduling may be permitted ONE (1) TIME ONLY if the student provides at least 14 days’ advance written notice before the originally scheduled training date.
Rescheduling requests made less than 14 days before the scheduled training date may be denied, and all payments made may be forfeited.
Once a student has rescheduled one time, no additional rescheduling will be permitted.
4. Full-Payment Bookings
Students who pay the full training amount in advance may request to reschedule one time, provided the request is made at least 14 days before the scheduled training date.
Approval of a rescheduling request is subject to trainer availability. A new training date is not guaranteed until it has been confirmed by BVDDIEMINKS.
5. No-Show / Same-Day Cancellation
Failure to attend your scheduled training, arriving too late to reasonably participate, or cancelling with less than 14 days’ notice may result in the forfeiture of all payments made toward the training.
No refund or additional rescheduling opportunity will be provided.
6. Training Dates Are Reserved Specifically for You
When you book a training, BVDDIEMINKS reserves that training date and time specifically for you. For multi-day trainings, multiple days are blocked from the trainer’s schedule and may prevent another student from booking those dates.
For this reason, students are strongly encouraged to confirm their availability before booking.
7. Acknowledgment
By completing your purchase, you confirm that you have read, understood, and agreed to this Training Cancellation & Rescheduling Policy, as well as BVDDIEMINKS’ Terms of Service and other applicable store policies.
Your purchase constitutes your acknowledgment that you understand the financial commitment associated with booking a training.