CHEMCREAM.COM PROVIDES ITS SERVICES TO YOU THE BUYER, CUSTOMER, RETAILER, DISTRIBUTOR REFERRED TO IN THIS AGREEMENT AS CONSUMER OR CONSUMERS (THE “CONSUMER”), IS SUBJECT TO THE FOLLOWING USER AGREEMENT (THE “AGREEMENT”). BY USING THIS SITE, YOU AGREE TO THE TERMS OF THE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THE AGREEMENT, YOU MAY NOT USE THIS SITE.
Who We Are
As used in this agreement, and on this site, “ChemCream.com, Site, We” refers to ChemCream S.A.PI. de C.V. The Corporation is registered in the State of Jalisco, Mexico. All content held on this website is the exclusive property of ChemCream S.A.PI. de C.V.
ChemCream.com reserves the right, at any time, to modify or update the terms of this Agreement, upon notice to the Consumer in writing to the last address supplied by the consumer, by email or posting on the site or by any other reasonable means of communication. The consumer confirms his or her acceptance of the modifications or updates by continuing to use the Site.
Grant of Use
Permission is granted to use the content and software (the “Services”) on the Site as a shopping and personal care resource, but for no other purpose. Any other use of Services on this Site, including, but not limited to, reproduction for purposes other than those noted above, or any modification, distribution or republication, without the prior written permission of ChemCream.com, is strictly prohibited.
Purpose of Sales
All sales of products by ChemCream.com are limited to personal use and may not, without the express prior written approval of ChemCream.com, be made in conjunction with any resale or commercial use. We reserve the right to limit quantities to normal retail purchases.
All Site content, design, text, graphics, images, logos, buttons, icons, interfaces, audio and video clips, and the selection and arrangements thereof are the exclusive property of ChemCream.com, or its respective content providers, and are protected by Mexican, the U.S., and international copyright laws. All software used on the Site is the property of ChemCream.com or its respective software suppliers, and such software is protected by Mexican, U.S. and international copyright laws and other laws and treaties.
All trademarks, service marks, and trade names used on the Site (collectively the “Marks”) are proprietary to ChemCream.com or other respective owners that have granted ChemCream.com the right and license to use such Marks. The Marks may not be used in connection with any product or service that is not a product or service of ChemCream.com, or that is likely to cause confusion among Consumers, or that in any manner disparages or discredits ChemCream.com or the other respective owners of the Marks.
ChemCream.com collects information about visitors to provide and improve our services, communicate offers which we believe will interest visitors, and to administer our business.
We may collect and use non-personally-identifiable information from you. Like most major websites, we use “cookies” to collect non-personally-identifiable information, such as your IP address, browser type, domain name, and the specific ChemCream.com pages that you visit. Additional information about cookies is provided below.
When you download or use mobile applications, we may receive information about your location and your mobile device. We may use this information to provide you with location-based services like local store information, search results, and other personalized content. Most mobile devices allow users to disable location services by using controls located in the device’s settings menu. If you have questions about how to disable your device’s location services, please contact your mobile service carrier or your device manufacturer.
ChemCream.com is directed to adults and does not knowingly collect personal information online from children under the age of 12. If you are a child under the age of 12, you must have your parent’s or guardian’s consent.
We may share the information collected at ChemCream.com with agents or contractors who provide support for our internal operations. Such entities may receive personally identifiable information to allow them to perform their duties, but they may not use that information for any other purpose. In some instances, we may share non-identifying and aggregate information collected on ChemCream.com with third parties. If you do not want us to share the non-identifying and aggregate information we collect, please Contact Us
ChemCream.com works to protect your personal information and credit card detail when you shop with us online. We urge you to protect your own privacy. We recommend that you do not share your ChemCream.com password(s) with anyone or in any unsolicited phone call or e-mail.
While ChemCream.com will strive to ensure the integrity and security of our network and systems, ChemCream.com cannot guarantee that our security measures will prevent third-party “hackers” from illegally obtaining this information.
Disclaimer – AETHEION Products
AETHEION Skin Treatment is a skin moisturizer and conditioner used as a cosmetic product. It is not for the diagnosis, treatment, curing, or prevention of any disease or other medical conditions. This product has been manufactured as a cosmetic product in accordance with applicable health, safety, and environmental rules, regulations, and laws in effect in the USA and Mexico, as of the date of manufacture in the country of origin, USA.
AETHEION Skin Treatment requires care to be certain that any directions and warnings from the manufacturer are observed and followed and that Consumer is aware of the possibility that some people may have allergic or other reactions to such a product.
ChemCream.com will endeavor to provide to consumers all required product labeling information; however, ChemCream.com is not the manufacturer of AETHEION Skin Treatment, therefore it is not responsible for any reaction or any failure of the product to satisfy any special use requirements or otherwise meet the needs or expectations of the consumer. Consumers are advised to read and strictly follow the label, all packaging inserts, and instructions, and all manufacturer directions and warnings.
Consumers seeking advice from this Site shall be responsible for fully informing ChemCream.com of any known allergies, special health or skin conditions, or other special circumstances that might be relevant to the product as consumer feedback. Since ChemCream.com is not the manufacturer of the products it sells, ChemCream.com does not accept any liability for the failure of products it sells to meet any specific needs of a user of the product or for any loss, damage or injury caused by such products.
General Disclaimer – All Products and Services
THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS CONTAINED OR OFFERED IN THIS SITE ARE PROVIDED ON AN “AS IS” BASIS WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CHEMCREAM.COM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, CHEMCREAM.COM DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE THROUGH THIS SITE IS ACCURATE, COMPLETE OR CURRENT OR THAT ANY ADVICE OR ANY PARTICULAR PRODUCT WILL ACHIEVE ANY RESULT OF ANY KIND. PRICE AND AVAILABILITY INFORMATION CONTAINED ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. CHEMCREAM.COM SHALL NOT BE BOUND BY ANY ERRORS OR OMISSIONS IN POSTING PRODUCT INFORMATION OR PRICES WITH RESPECT TO ANY PRODUCTS OR SERVICES OFFERED ON THIS SITE.
ALL MATERIALS AND INFORMATION PRESENTED BY CHEMCREAM.COM ARE INTENDED TO BE USED FOR INFORMATIONAL PURPOSES ONLY. THE PRODUCTS PROMOTED ON THIS SITE ARE COSMETIC AND ARE NOT INTENDED FOR USE IN THE DIAGNOSIS, CURE, MITIGATION, TREATMENT, OR PREVENTION OF DISEASE, AND ARE NOT INTENDED TO AFFECT THE STRUCTURE OF OR ANY FUNCTION OF THE HUMAN BODY. THE RESULTS REPORTED IF ANY, MAY NOT NECESSARILY OCCUR IN ALL INDIVIDUALS. PLEASE CONSULT WITH YOUR OWN PHYSICIAN OR HEALTH CARE PRACTITIONER REGARDING ANY SUGGESTIONS AND RECOMMENDATIONS MADE AT CHEMCREAM.COM.
In providing product information to its consumers, ChemCream.com relies in part on product descriptions furnished by the manufacturer, wholesalers, and other third parties. If you believe that any information is not accurate, please contact us.
Limitations on Liability
IN NO EVENT SHALL CHEMCREAM.COM BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER IN EXCESS OF THE AMOUNT CONSUMER PAID TO CHEMCREAM.COM FOR THE PRODUCT(S) AT ISSUE, EVEN IF CHEMCREAM.COM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. NO ACTION OR PROCEEDING MAY BE BROUGHT AGAINST CHEMCREAM.COM WITH RESPECT TO ANY CLAIM OR DISPUTE ARISING FROM THE USE OF THIS SITE OR THE PURCHASE OF ANY PRODUCTS OR GOODS THROUGH THIS SITE UNLESS SUCH ACTION OR PROCEEDING IS BROUGHT WITHIN ONE YEAR OF SUCH USE OR PURCHASE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Order Acceptance/Shipping Terms/Refunds
Acceptance of all orders by ChemCream.com occurs only upon shipment from ChemCream.com’s distribution centers. The receipt of an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Such receipt also does not constitute a confirmation that the product or service is in stock or otherwise available on the price and terms published on this Site, or published in any catalog or other advertisement. ChemCream.com reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any consumer. Verification of order and consumer information may be required prior to the acceptance of any order. Prior to acceptance, ChemCream.com is not obligated to fulfill any order and may notify the consumer of a back-order and the estimated time for shipment (in which case the order shall be deemed to remain open unless the consumer cancels prior to the actual shipment date). Upon consumer’s request, charges to Consumer’s credit card or credit account shall be refunded if backorders are not filled in 10 business days.
Any shipping and handling charges which are imposed may reflect estimated or average amounts required to cover the cost of shipping and handling and need not reflect the exact cost of the specific order. In the event of an authorized return of any goods sold from the site, ChemCream.com is not obligated to include a refund of any shipping and handling charges except when the return is for a defective product and ChemCream.com shall have the option to refund any amount owing to the consumer by either crediting the charge card used for payment or mailing a check to the consumer at the address shown on the related order.
Consumer agrees to use the Site only for lawful purposes and in accordance with that prohibition. Consumer agrees that he or she will not post on the site or transmit through ChemCream.com any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law.
User Comments, Feedback, and Other Submissions
All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to ChemCream.com on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, “Comments”) shall be and remain ChemCream.com’s property. Such disclosure, submission or offer of any comments shall constitute an assignment to ChemCream.com of all worldwide right, title, and interest in all copyrights and other intellectual property rights in and to the comments. Thus, ChemCream.com will own exclusively all such right, title, and interest and shall not be limited in any way in its use, commercial or otherwise, of any comments. ChemCream.com is and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay any person any compensation for any comments; or (3) to respond to any consumer comments.
Termination of Usage
ChemCream.com may, without incurring any liability to the consumer, terminate access by such consumer, or suspend any consumer’s access to all or part of ChemCream.com, without notice, for any conduct that ChemCream.com, in its sole discretion, believes is in violation of any applicable law or this agreement, or is harmful to the interests of another user, a third-party, a merchant, a sponsor, a licensor, a service provider, or ChemCream.com.
Outside Sites and Linking
The site may contain links to other sites on the Internet that are owned or operated by third party vendors and other third parties (the “outside sites”). ChemCream.com is not responsible for the availability of, or the content located on or through, any outside site. You should contact the site administrator or webmaster for those outside sites if you have any concerns regarding such links or the content located on such outside sites.
ChemCream.com permits certain third party links to the home page of its site, provided that ChemCream.com is provided with notice of such links and does not thereafter object to such linking. No links or “deep links” are permitted to any page other than the ChemCream.com home page without the prior written consent of ChemCream.com and ChemCream.com reserves the right to revoke unilaterally any consent that it may at any time give to any linkage, including linkages to the home page.
Governing Law is Mexico Jurisdiction and Jury Trial Waiver
THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE OF JALISCO, MEXICO. A CONSUMER, BY ACCEPTING THIS AGREEMENT, CONSENTS AND AGREES TO EXCLUSIVE JURISDICTION IN THE STATE OF JALISCO, MEXICO, PROVIDED THAT A PARTY MAY SEEK ENFORCEMENT OF A JUDGMENT OF SUCH COURTS IN ANY COURT OF COMPETENT JURISDICTION. BOTH CHEMCREAM AND CONSUMER WAIVE ANY RIGHT THEY MIGHT OTHERWISE HAVE TO A TRIAL BY JURY IN ANY DISPUTE BETWEEN THE PARTIES.
If any provision of this agreement is found to be contrary to law, the remainder of that provision (if any) and the remaining provisions of this agreement will remain in full force and effect.
The waiver of any breach or default of this agreement shall not constitute a waiver of any subsequent breach or default and shall not act to amend or negate the rights of the waiving party.
This Agreement shall, as the same may be amended from time to time, constitute the complete and exclusive agreement between ChemCream.com and consumers with respect to the subject matter hereof. It supersedes and replaces all prior discussions, negotiations, understandings and agreements, written and oral, regarding such matters. Any additional or different terms in any purchase order or other written or oral response by consumers shall be deemed rejected by ChemCream.com without the need of further notice and shall not be part of this agreement or in any way binding upon ChemCream.com.
Acceptance Of This Agreement And Of Amendments And Modifications To This Agreement
The use of the site represents an acceptance by the consumer of the terms of this agreement. Use of the site shall be governed solely by the terms of this agreement, as the same may be amended from time to time, and the policies published by ChemCream.com on the site, which shall be the entire agreement of the parties with regard to the use of this site. Amendments or other modifications to this agreement may, from time to time, be made by ChemCream.com sending an email to the consumer at the consumer’s last known email address or by posting thereof on the site.
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