Terms & Conditions
DeVita International, Inc. provides the content and services available on the website to you subject to the following terms and conditions ("Terms and Conditions"). By accessing or using the website, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions, which include our Privacy Policy.
1. Privacy
Please review our Privacy Policy, which also governs your visit to the website, so that you may understand our privacy practices.
2. Purchase Related Policies
The products and services available on the website, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples that you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any orders that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.
3. Accuracy of Information
We attempt to be as accurate as possible when describing our products on the website; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors or other content available on the website are accurate, complete, reliable, current, or error-free.
4. Intellectual Property
All content available on the website, including but not limited to text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and arrangement thereof (collectively, the "Content") is the property of DeVita International, Inc., and is protected by United States and international copyright laws. The trademarks, logos, and service marks displayed on the website (collectively, the "Trademarks") are the registered and unregistered marks of DeVita International, Inc., our affiliates, partners or licensors, in the United States and other countries, and are protected by United States and international trademark laws.
Except as required under applicable law, neither the Content or Trademarks nor any portion of the website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent. Requests for permission should be directed to our Arizona Corp Offices office via email (store@devitaskincare.com).
5. Your Obligations and Responsibilities
In the access or use of the website, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the website. You shall act always in accordance with the law, custom and in good faith. It is strictly prohibited to use or contact this website to disrupt or damage the website, its contents or its security measures or to harass or disparage DeVita International, Inc. or its products or services or personnel. No unsolicited email (spam) may be directed to or through this website. Users may not use this website in order to transmit, distribute, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, patent, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity or other personal rights of others, or (c) that is libelous, obscene, threatening, abusive or hateful. If you default negligently or willfully in any of the obligations set forth in these terms and conditions (including our privacy policy), you shall be liable for all the losses and damages that this may cause to DeVita International, Inc., our affiliates, partners or licensors.
6. DeVita International Talk Forum / Chat Rooms / Message Boards / Bulletin Boards / Social Media
The Site may provide you and other users an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions or material to us, the Site or others ("Post" or "Postings"). Postings do not reflect the views of DeVita International, Inc.; and DeVita International Inc. does not have any obligation to monitor, edit, or review any Postings on the Site. DeVita International, Inc. assumes NO responsibility or liability arising from the content of any such postings or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such Postings on the Site. You are strictly prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. DeVita International, Inc. will fully cooperate with any law enforcement authorities or court order requesting or directing Universal to disclose the identity of anyone posting any such information or materials. Please remember when using any DeVita International forum and chat rooms that information posted to message boards, chat rooms, blogs and other user forums becomes public information. Use caution when posting. Individuals under the age of 18 should be especially careful not to provide any personally identifiable information when participating in any area of the Site where postings might become public.
7. Your Account
You may choose to register at our website. If you do, you will have an email address/username and password for your account. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account, username and/or password. You agree to provide only accurate, truthful information. We reserve the right to refuse service and/or terminate accounts without prior notice if you violate these Terms and Conditions or if we decide, in our sole discretion, that it would be in DeVita International, Inc.'s best interests to do so.
8. Linking
It is strictly prohibited to link other sites with this website without DeVita International, Inc.'s prior written permission. DeVita International has no responsibility and assumes no liability for the unaffiliated sites to which it is linked, including but not limited to the content or web pages or other, products, services or materials on the site linked to the website or posted to this website by anyone other than DeVita International, Inc. We may permit some links for convenience, but it is not an endorsement by DeVita International, Inc., of the referenced content, product, service or supplier. Please note that the rules and privacy policies of linked sites may differ from those of DeVita International, Inc. and should be reviewed by you when you use the link to access the other site. We may, in our sole discretion, request that you remove any link to the website, and upon receipt of such request, you shall immediately remove such link.
9. Submissions
Any unsolicited suggestions, ideas, inquiries, materials, feedback, or other information you provide us will be treated as non-proprietary and non-confidential and, by submitting such information, you hereby grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute and display such information in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that your submission of information may not be returned and we may use your submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, distributing and marketing products.
10. Representations and Warranties; Limitation of Liability
The website is presented "as is." we make no representations or warranties of any kind whatsoever, express or implied, in connection with these terms and conditions or the website, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.
We are not responsible for timeliness, accuracy, unavailability or interruptions in availability, viruses or other defects in the website or its contents. In no event will we be liable for any direct, indirect, special, incidental, or consequential damages of any kind (including lost profits) related to the site regardless of the form of action whether in contract, tort or otherwise, even if we have been advised of the possibility of such damages.
11. Fraud Protection
We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our customer service department may call you at the phone number you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
12. Digital Millennium Copyright Act ("DMCA") Notice
DeVita International, Inc. owns, protects and enforces copyright in its own creative materials and respects the copyright properties of others. This website may contain materials of third parties and links to third party sites, portals and directories. As a result, materials of third parties, not owned or controlled by DeVita International, Inc. are included in or linked to the website or are stored or transmitted over DeVita International, Inc.'s website. To the best of DeVita International, Inc.'s knowledge, these materials do not infringe the copyrights of others. Upon receipt of proper notice of claimed infringement, DeVita International, Inc. will respond expeditiously to follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the materials in issue, including, where applicable, removing or disabling access to materials claimed to be infringing or by removing or disabling access to links to such material. It is the policy of DeVita International, Inc. to terminate its relationships with third parties who repeatedly infringe the copyrights of others where such parties are known to DeVita International, Inc. to be repeat infringers in connection with their use of DeVita International, Inc.'s website, links, or storage and communication systems and networks. The designated agent (i.e. the proper party) to whom you should address such notice is Customer Service, DeVita International, Inc., (store@devitaskincare.com).
13. Disputes
With respect to any dispute regarding the website, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of Arizona, as if the Terms and Conditions were a contract wholly entered into and wholly performed within Arizona.
14. Disclaimer:
The contents of the DeVita International, Inc.'s website, including the FAQ's and ingredient origins listing, are provided for informational purposes only. The contents are NOT intended to provide medical advice. Always seek the advice of a doctor or qualified heath care professional to discuss any questions or concerns you may have regarding any medical or health-related condition. DeVita International, Inc.'s products listed here are intended solely for topical use and are not intended to diagnose, treat, cure, or prevent any condition or disease.
Information and statements about the products on this site have not been specifically evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. You should not use the information contained herein for diagnosing or treating a health, skin problem or disease. If you have or suspect that you have a medical problem or a skin disease, promptly contact your health care provider.
15. General
By using this website, you acknowledge and agree that these Terms and Conditions, which include our Privacy Policy constitute the complete and exclusive agreement between us concerning your use of the website, and supersede and govern all prior proposals, agreements, or other communications. We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the website. Any changes are effective immediately upon posting to the website. Your continued use of the website constitutes your agreement to all such terms and conditions. If you have any questions regarding these Terms and Conditions, please contact us at store@devitaskincare.com.
16. Special Offers and Promotions
All absolute minerals purchases are final!
We do have our absolute BASE loose powder foundation sample sets available for purchase. Please see our Samples page to view the details. Our 12 absolute BASE loose powder foundation colors are the base for all the foundation colors – which means that a #1 in absolute BASE foundation is similar to a #1 in both our softBLEND and absolutely WHIPPED foundation. So testing our absolute BASE colors gives you a pretty good idea of the color of the other foundations, but of course they are slightly different as the type of foundation is different and the pigments will colorize a little differently.
In future we will have our full tester bar available in selected retail stores, and we will also have additional sample kits available coming soon, but not at this moment. For now, you will have to select your products using the information provided on our site.
Online Coupons.
Valid coupon codes can be redeemed at the "VIEW CART" page of checkout. There is a minimum spend of $25 in order for coupon codes to be redeemed.
ALL OFFERS: Quantities are limited and all offers are subject to availability while supplies last. Only one sample or coupon offer may be applied to each order; sample or coupon offers may not be combined. To ensure best availability, there is a limit of one to a customer. All "Free Shipping" offers are for STANDARD SHIPPING (FEDEX Ground, USPS or other carrier) only, unless otherwise specified, and do not apply to orders being sent to Alaska, Hawaii or any areas outside the contiguous United States. On all applicable purchase amounts for special promos and sales (i.e. "Purchase $75.00 or more and receive a free eye pencil") does not include (unless otherwise noted) shipping, handling or sales tax charges; items noted as not eligible - which include: All sample sets for absolute minerals or any sample tester sized products; or items that are not in stock at the time of purchase. Please note expiration dates where applicable. Offers expire at 11:59 PM Mountain Standard Time (MST) on the stated expiration date, unless noted. Offers cannot be applied to previously placed orders. We reserve the right to cancel any order due to unauthorized, altered or ineligible use of offer and to modify or cancel any promotion due to system error or unforeseen problems. We reserve the right to substitute any free item offered with an item of equal or greater value. Ongoing offers are subject to change without notice. Other restrictions may apply.