Terms of Use

This website is operated by Martins Cosmetics INC. Please read these Terms of Use, our Privacy Policy, and any additional terms related to our programs (collectively referred to as the "Terms") carefully before using www.martinscosmetics.com. These Terms contain important information about your legal rights, including requirements for dispute resolution through arbitration instead of court, a waiver of class action rights, and other limitations. If you do not agree with these Terms, do not use the site.

Acceptance of Terms

By checking the box to accept, you agree to follow these Terms, including any future updates. You also agree to resolve any disputes through arbitration and waive your right to a jury trial, as explained in the “Dispute Resolution” section.

Definitions

•Martins Cosmetics: Refers to Martins Cosmetics, LLC. Also referred to as “we,” “our,” or “us.”

•Content: Includes all materials on the site, such as text, images, videos, and software, which are protected by copyright and other laws.

•Site: Refers to www.martinscosmetics.com, its subdomains, official social media pages, and mobile applications.

•User: Anyone who visits or uses the site, whether or not they register or make a purchase.

•User Content: Refers to photos, comments, videos, or other materials that users upload. Martins Cosmetics does not claim ownership over user-generated content.

Who Can Use the Site

You must be at least 13 years old to use this site. If you are between 13 and 17, you need permission from a parent or legal guardian. The site is for personal, non-commercial use only.

Legal Information – California Law

Martins Cosmetics, LLC

3041 Hempstead Turnpike

Levittown, NY 11756

Phone: (516) 735-6070

Email: info@martinscosmetics.com

Governing Law

These Terms are governed by the laws of the State of New York. If any part of the Terms is found invalid, the remaining sections will still apply.

Changes to the Terms

We may update these Terms at any time. New versions become effective as soon as they are posted on the site. By continuing to use the site after changes are made, you agree to the updated Terms.

Your Account

If you create an account, you’re responsible for keeping your password secure. We reserve the right to suspend or delete your account if you violate these Terms or for any other reason.

Privacy Policy

Please review our Privacy Policy here: https://www.martinscosmetics.com/pages/privacy-policy. By accepting these Terms, you also agree to how we collect, use, and share your personal data as outlined in that policy.

International Users

This website is operated from the United States. We do not guarantee that the content is suitable or available outside the U.S. If you access the site from another country, you are responsible for complying with your local laws.

Rules of Conduct

You may not use the site for any illegal or harmful activities. The following actions are strictly prohibited:

•Violating intellectual property rights

•Posting offensive or illegal content

•Uploading viruses or malware

•Impersonating someone else

•Accessing restricted areas without permission

•Using someone else’s information without their consent

User Content

By uploading content to our site, you give us permission to use it for free, including in marketing and promotional materials. Make sure you have the rights to share anything you post.

You can request the removal of your content as explained in our Privacy Policy. However, we may retain certain data if required by law.

Indemnification

You agree to take full responsibility for any harm, loss, or damage we suffer because you violated these Terms or used the site inappropriately.

Mobile Apps

If you use our mobile apps, you must have a reliable internet connection and agree to any additional terms from Apple or other app providers. Some features may need access to your location.

Data Security

We take the protection of your personal data seriously. Martins Cosmetics uses various security measures to prevent unauthorized access—whether accidental or intentional. These include:

•System access controls

•Strict policies for data handling

•Ongoing monitoring and security reviews

Only authorized staff who need your information to perform their job duties can access it. They are legally required to keep it confidential.

Data Transmission

While we do our best to protect your data, internet transmission is never 100% secure. There is always a small risk, but we work to reduce it as much as possible.

Data Storage

We store your personal information only for as long as needed to fulfill the purpose it was collected. Once it’s no longer needed, we securely delete it.

Personal Data Retention

We retain your personal data only as long as necessary to:

•Provide our products or services

•Comply with legal obligations (like keeping certain records)

•Resolve disputes or claims

•Enforce our agreements

When we no longer need your data, we delete it or anonymize it securely.

International Data Transfers

In some cases, your personal data may be transferred to and stored in countries outside your own. For example, we might use service providers based in other countries.

When this happens, we take steps to protect your data by complying with relevant data protection laws and using appropriate safeguards.

Use of Cookies

Our website uses cookies—small files stored on your device (like a phone or computer) when you visit our site.

Why We Use Cookies:

We use cookies to:

•Recognize you and keep you logged in

•Remember your preferences (like language or favorite products)

•Understand how you use the site so we can improve it

•Show content or ads that match your interests

•Keep the site fast and secure

Can You Disable Cookies?

Yes. You can change your cookie settings in your browser or through the cookie notice on our site. Keep in mind that some parts of the site may not work properly if you disable them.

Intellectual Property and Copyright

All content on the Martins Cosmetics website (such as text, images, designs, logos, videos, and software) belongs to Martins Cosmetics or its partners and is protected by copyright and trademark laws. You may not copy, modify, distribute, or use this content without written permission.

You may also not:

•Use the site's content for commercial purposes.

•Upload it to other sites or platforms without authorization.

•Use software to harvest or copy information from the site.

By uploading content to the site (such as photos or comments), you remain the owner of that material, but you give us permission to use it to promote our products or services. We may modify that content and use it in our advertising, website, or other media without paying you for it.

Copyright Infringement (DMCA)

At Martins Cosmetics, we respect intellectual property rights. If you believe your work has been used unauthorized on our site, you can file a complaint with us. To do this, we need:

1.A clear description of the content you believe was copied without permission.

2.Where that content is located on our site.

3.Your contact information (name, address, phone number, and email address).

4.A statement that you believe the use is unauthorized.

5.A statement that the information submitted is true.

6.That you are authorized to act on behalf of the copyright owner.

You can send this information to:

info@martinscosmetics.com or call us at (516) 7356070.

How we share your information

We take your privacy seriously. We only share your personal information in these situations:

1. With service providers

We work with companies that help us provide you with better service, for example:

• Payment platforms.

• Shipping services.

• Analytics and marketing tools.

We only give them the information they need to do their jobs, and they must protect it just as we do.

2. When you give us permission

If you authorize us, we can share your information with other companies or people.

3. Due to legal obligations

If a law or authority requires it, we may share your information. For example, if a court order requests it.

4. In the event of a change in the company

If our company merges with another company, is sold, or is reorganized, your information may be transferred as part of that process. If this happens, we will notify you.

Your rights over your data

You have control over your personal information. These are your main rights:

1. View your information

You can ask us to tell you what data we have about you.

2. Correct data

If something is incorrect or out of date, you can ask us to correct it.

3. Delete your information

You can ask us to delete your data when we no longer need it or if you withdraw your consent.

4. Object to the use of your data

If you do not agree with how we use your data (for example, to send you promotions), you can tell us that you no longer want us to do so.

5. Portability

You can request that we send you your data in an easy-to-use format or that we transfer it to another company if you choose.

6. Withdraw your consent

If you gave us permission to use your data, you can withdraw it at any time. After that, we will stop using your information for that purpose.

How to exercise your rights?

Just write to us at [email or contact information]. We will respond as soon as possible.

How do we protect your information?

We take the security of your personal data very seriously. That's why we use several measures to protect your information and prevent it from being lost, misused, or accessed by someone without permission.

Here are some of the things we do:

• We use secure systems: Our systems are protected against unauthorized access.

• We encrypt your information: When you send sensitive data, we use technology that encrypts it so only we can read it.

• Limited access: Only authorized individuals can see your data, and only if they need it to do their job.

• We train our team: All our employees understand the importance of protecting your data and follow good security practices.

• We review our systems: We regularly check that everything is working properly and that there are no security risks.

Although we do everything possible to protect your information, no measure is 100% foolproof. If a security breach occurs, we will inform you as soon as possible and take steps to resolve it.

How long do we retain your data?

We retain your personal information only for as long as necessary to fulfill the purposes for which it was collected, or as required by law.

This means, for example:

• If you create an account, we will retain your data for as long as you use our services.

• • If you no longer need it, or if you ask us to delete it, we will delete it or anonymize it, unless we are required to retain it for legal or administrative reasons.

We regularly review the data we hold to ensure we don't keep any of it longer than necessary.

Your rights over your data

You have the right to:

• Access your personal data: You can ask us to show you what information we have about you.

• Correct your data: If there are any errors or incomplete information, you can ask us to update it.

• Delete your data: You can ask us to delete your information when we no longer need it.

• Limit the use of your data: In certain situations, you can ask us to temporarily stop using it.

• Object to the use of your data: especially if we use it for marketing purposes.

• Retain your data: You can ask us to send you your information in a format that you can use or share with another service.

To exercise any of these rights, simply contact us through the means indicated in this policy. We will respond as soon as possible, and always within the legal timeframe.

Privacy of Minors

This website is intended for people over 18 years of age. We do not intentionally collect personal information from minors.

If we discover that we have received data from a minor without the permission of their parent or guardian, we will delete that information as soon as possible.

If you are a parent or guardian and believe your child has provided us with information without your consent, please write to us so we can address the issue.

Changes to this Policy

We may update this privacy policy at any time. If we make significant changes, we will notify you through this website or by other means before they become effective.

We encourage you to review this policy periodically to be aware of how we are protecting your information.

How to contact us

If you have questions about this policy or would like to exercise your rights related to your personal data, you can write to us at:

📧 info@martinscosmetics.com

📬 3041 Hempstead Tpk. Levittown, NY 11756

We are here to help.

Intellectual Property, Copyright, and Exclusivity

All content available on this website—including text, product descriptions, images, videos, and other creative materials used to showcase or promote our products—is the property of Martins Cosmetics or its external providers, as applicable.

This content is protected by copyright and other intellectual property laws. You may not use, copy, share, or distribute any of this content without prior written permission from Martins Cosmetics, except for your own personal use related to our products or services.

You are also not allowed to provide our products to third parties for the purpose of copying, disassembling, or attempting to recreate any part of them to develop intellectual property of your own or for others.

Copyright Policy (DMCA)

We respect the copyrights and intellectual property rights of others. We may remove any content that infringes on those rights, including moral rights. Additionally, we may suspend or block access to users who repeatedly violate the intellectual property rights of third parties.

We comply with the Digital Millennium Copyright Act (DMCA). If you believe that your content or intellectual property has been improperly copied or used on our site, please send us a notice that includes the following information:

•A description of the intellectual property right you claim has been infringed.

•Details about the specific content you believe is infringing and where it is located on our site.

•Your name, address, telephone number, and email address.

•A statement from you declaring that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, or the law.

•A statement affirming that the information provided is accurate and made under penalty of perjury.

•Confirmation that you are authorized to act on behalf of the copyright owner.

For any inquiries regarding intellectual property infringement, you may contact us at info@martinscosmetics.com, call us at (516) 735-6070, or write to:

Martins Cosmetics, inc.

3041 Hempstead Tpk

Levittown, NY 11756

Sometimes it can be difficult to determine whether an intellectual property right has actually been violated or whether the requirements of the DMCA have been met. For this reason, we may request additional information before removing any content. If a dispute arises regarding ownership, we reserve the right to remove the content in question—whether from the complainant or the alleged infringer—until the matter is resolved.

We also reserve the right to remove any content from the site at any time, at our sole discretion.

THIRD-PARTY LINKS

Our website may contain links to third-party websites, services, or ads (“Third-Party Sites and Ads”). These are not under our control, and we are not responsible for their content, products, or services. These links are provided for convenience only, and you assume all risks when using them.

Including these links does not mean Martins Cosmetics endorses or is affiliated with them or any information, product, or service they provide.

PRODUCT SATISFACTION AND RETURN POLICY

We want you to be fully satisfied with your purchase. We offer a 30-day return policy, valid only for purchases made within the United States. To start a return, please email info@martinscosmetics.com with the subject line: Return #OrderNumber.

Once we receive your return, we will issue a refund to the original payment method. This process may take 5 to 10 business days. For any issues, contact us at the same email.

We cannot accept returns or issue refunds for items not purchased directly from www.martinscosmetics.com. Flash sale items are not eligible for return, exchange, or refund.

PRODUCT DESCRIPTIONS

We do our best to provide accurate product information, including descriptions, prices, and features. However, colors may appear differently depending on your device, and we cannot guarantee that what you see is an exact match. Errors may occur unintentionally.

Placing an order on our site means you’re making an offer to buy. Confirmation of your order only means it was received, not that it’s been accepted or shipped. We reserve the right to reject orders if there's a material error in pricing or product description.

All prices are listed in U.S. dollars unless stated otherwise.

ONLINE PURCHASES – RIGHTS AND RESPONSIBILITIES

If you wish to make a purchase through our site (a “Transaction”), we may request relevant information such as credit card number, expiration date, billing, and shipping addresses. YOU REPRESENT AND WARRANT THAT YOU ARE LEGALLY AUTHORIZED TO USE THE PAYMENT METHOD PROVIDED. By submitting your information, you authorize Martins Cosmetics to share it with third parties to process your transaction.

We may change any product, service, price, or description at any time without notice. Availability is not guaranteed. You are responsible for complying with all applicable laws when using or receiving our products.

We reserve the right to limit quantities, cancel orders, or deny transactions at our sole discretion. You agree to pay all applicable charges, taxes, and shipping fees.

ORDER AND PAYMENT INFORMATION

We must receive full payment before processing any order, unless otherwise agreed. All orders are subject to sales tax. We may verify your information and cancel or limit your order. If this happens after payment, we will refund the amount for any unshipped items using the original payment method.

Shipping fees will be added as specified in your order. We only deliver within the United States.

PAYMENT AND SHIPPING

You must provide current, accurate shipping and billing information. You're responsible for keeping this information updated. Notify us promptly if your payment method is no longer valid (e.g., due to loss or theft).

We’re not responsible for overdraft fees, interest, late charges, or other issues caused by expired or invalid payment methods. Once an item ships to your registered address, our responsibility ends even if you moved or didn’t receive it.

You can skip, pause, or cancel your subscription anytime from your online account or by contacting info@martinscosmetics.com.

ACCOUNT CHANGES OR CANCELLATION

Your subscription will remain active until you cancel it. You can do so through your online account or by contacting our customer service at info@martinscosmetics.com.

DISCLAIMER OF WARRANTIES

EXCEPT FOR PRODUCTS SOLD WITH A WARRANTY, OUR SERVICES, PRODUCTS, AND CONTENT ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AS WELL AS ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. We do not warrant that the services or products available on the Site will meet your needs or that they will be available on an uninterrupted, secure, or error-free basis. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, INCLUDING ANY SERVICES OR PRODUCTS PROVIDED TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY WARRANTY RELATING TO OUR SERVICES, PRODUCTS OR CONTENT, THESE TERMS AND YOUR USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, YOUR PURCHASE OF ANY SERVICES OR PRODUCTS THROUGH THE SITE, OR THE USE OF OR INABILITY TO USE THE SITE, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR SERVICES OR PRODUCTS PURCHASED THROUGH THE SITE IN THE LAST TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OF LIABILITY. THE LIMITATIONS OF LIABILITY AND DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND MARTINS COSMETICS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. LIMITATIONS OF LIABILITY

TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT NEITHER MARTINS COSMETICS, NOR OUR AFFILIATES, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR PROVIDING THE SERVICES, PRODUCTS, OR CONTENT OF THE SITE WILL BE LIABLE FOR ANY CLAIM, LOSS, OR DAMAGE (INCLUDING, WITHOUT LIMITATION, COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING OUR OWN ACTIVE OR PASSIVE NEGLIGENCE, ARISING IN CONNECTION WITH: (I) THE SITE; (II) THE USE OF OR INABILITY TO USE THE SITE; (III) THE USE OF OR RELIANCE ON ANY CONTENT OR INFORMATION DISPLAYED ON THE SITE; (IV) THE PURCHASE OR USE OF ANY SERVICES OR PRODUCTS THROUGH THE SITE OR OTHERWISE; (V) UNAUTHORIZED ACCESS TO, OR ALTERATION OF, OR LOSS OF, YOUR DATA TRANSMISSIONS OR OTHER INFORMATION SENT TO OR RECEIVED BY THE SITE; (VI) ERRORS, SYSTEM DOWNTIME, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS; OR (VII) OTHERWISE, UNDER THESE TERMS, WHETHER REASONABLY FORESEEABLE OR NOT, EVEN IF WE OR OUR REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND MARTINS COSMETICS. ACCESS TO THE SITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE OF ACTION OR CLAIM, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU IN THE PAST TWELVE (12) MONTHS TO MARTINS COSMETICS FOR ANY SERVICES OR PRODUCTS PROVIDED BY US THROUGH YOUR USE OF THE SITE OR OTHERWISE. WE WILL NOT BE LIABLE AT ANY TIME FOR FAILURE TO PERFORM ANY OBLIGATION UNDER THESE TERMS IF SUCH FAILURE IS DUE TO THE OCCURENCE OF ANY UNFORESEEN CONTINGENCY BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET INTERRUPTIONS, COMMUNICATION INTERRUPTIONS, FIRE, FLOOD, OR WAR.

The terms of this section will survive termination of these Terms.

TERMINATION

Notwithstanding anything to the contrary in these Terms, we reserve the right, without notice and at our sole discretion, for any or no reason, to terminate your right to use the Site and to block and prevent your future access to and use of the Site. You agree that we will not be liable for any termination of your use of or access to the Site.

NO THIRD-PARTY BENEFICIARIES

Only you and Martins Cosmetics have the right to enforce these Terms. No one else may claim any rights under this agreement.

However, we agree that payment card networks are third-party beneficiaries solely for enforcing payment-related provisions. Still, they do not need to approve any changes to these Terms.

If Martins Cosmetics assigns, transfers, or subcontracts any of its rights or obligations under these Terms to another party in writing, that party may also enforce the assigned Terms.

DISPUTE RESOLUTION

ARBITRATION AGREEMENT AND CLASS ACTION WAIVER

You and Martins Cosmetics agree to resolve any dispute related to our products, services, these Terms (including our Privacy Policy and Cookie Policy), or their interpretation or enforcement (“Disputes”) through confidential and binding arbitration, with the following exceptions:

•Each party may bring an individual claim in small claims court.

•Each party may seek injunctive or equitable relief in court to prevent actual or threatened infringement of intellectual property rights.

Any intellectual property protection actions must be brought in state or federal courts located in New York. Both parties waive any objection to jurisdiction or venue in those courts.

You agree that you and Martins Cosmetics waive the right to a jury trial and to participate in any class action or representative lawsuit. Unless agreed otherwise in writing, the arbitrator may not consolidate claims from multiple people or oversee any class or representative proceeding.

If this waiver of class actions is found unenforceable, this entire Dispute Resolution section will be considered void. Otherwise, it will remain in effect even if these Terms are terminated.

This arbitration agreement is governed by the Federal Arbitration Act (9 U.S.C. §§ 1, et seq.).

ARBITRATION RULES

The arbitration will be conducted by JAMS under its current procedures, available at www.jamsadr.com or by calling 1-800-352-5267.

Both parties agree that JAMS may not administer class or multi-party arbitrations, as only individual claims are allowed.

NOTICE OF DISPUTE AND ARBITRATION PROCESS

Before starting arbitration, you must send Martins Cosmetics a Dispute Statement including your name, address, phone number, the facts of the dispute, and the desired resolution.

Email it to: info@martinscosmetics.com.

If we can't resolve the issue within 30 days, either party may initiate arbitration by submitting a written Demand for Arbitration as per JAMS rules.

The arbitrator — not any court — has exclusive authority to resolve all disputes related to our services, products, or the validity and interpretation of these Terms, including any claims that part or all of them are void or unenforceable. However, a court may decide whether a claim qualifies as an Intellectual Property Protection Action.

LOCATION AND PROCEDURE OF ARBITRATION

Unless otherwise agreed, arbitration will take place in the county where you reside.

•If your claim is $10,000 or less, it will proceed based on written submissions only, unless you request or the arbitrator requires a hearing. If a hearing is held, you may attend in person or by phone.

•If your claim is over $10,000, your right to a hearing is determined under JAMS rules.

The arbitrator may allow a reasonable exchange of information consistent with the streamlined nature of arbitration.

ARBITRATOR'S DECISION

The arbitrator’s decision will include key findings and legal conclusions. Judgment may be entered in any court with jurisdiction. Any damages awarded must comply with the Disclaimers and Limitations sections of these Terms.