1. Important Information You should carefully read the following Terms and Conditions. Your purchase of our products and/or services is governed by these Terms and Conditions. The Terms and Conditions in this document constitute the entire agreement between the parties with respect to subject matter hereof and supersede any prior representation or agreements, oral or written, and all other communications between the parties relating to the subject matter hereof, including terms and conditions set forth on any purchase order issued by Buyer. All sales by Red Apple Lipstick, Inc., Doing business as Red Apple Lipstick (“Seller”) are expressly conditioned by and under these Terms and Conditions (the “Terms”). These Terms may in some instances differ with those affixed to Buyer’s purchase order or other documents, and any additional terms or terms conflicting with these Terms will not apply and are expressly rejected unless specifically set forth in a separate written agreement between the parties. Acceptance of Buyer’s order is expressly conditioned upon Buyer’s acceptance of or assent to these Terms, which shall be established by a written acknowledgment, by implication, or by acceptance or payment for products and services ordered hereunder. Seller’s failure to object to other provisions contained in any communication from Buyer shall not be deemed a waiver of these Terms. Any changes in the Terms must specifically be agreed to in writing and signed by an officer of Seller before becoming binding. Receipt by Buyer of any products or services sold hereunder shall be conclusively deemed as acceptance of these Terms. 2. The products we offer We (RedAppleLipstick.com, Red Apple Lipstick) are a company providing color cosmetics and related accessories. 3. Shipments All shipments are made FOB Origin, Freight Prepaid & Add unless otherwise specified. Title to products and risk of loss pass to Buyer upon shipment from Seller’s or affiliate’s warehouse. Buyer agrees to purchase all insurance it deems necessary to indemnify it against loss in shipping. Buyer will be responsible for compliance with any export license requirements, obtaining any export license or other official authorization, and carrying out any customs formalities for the export of goods. Buyer assumes all risk of loss in shipping and all liability for loss or damage, whether direct, indirect, consequential or otherwise, due to delays once the products have been delivered to the carrier. Buyer will comply with all applicable laws, regulations, and ordinances of any governmental authority in any country having proper jurisdiction including, without limitation, those laws of the United States or other countries that regulate the import or export of the goods provided by Seller and shall obtain necessary import/export licenses in connection with any subsequent import, export, re-export, transfer, and use of all goods, technology, and software purchased, licensed, and/or received from Seller. Unless otherwise mutually agreed to in writing, Buyer agrees that it will not use goods in connection with any activity involving nuclear fission or fusion, any use or handling of any nuclear material, or any nuclear, chemical, or biological weapons. 3A. Delivery Seller shall not be responsible for loss, damage, delivery delay or failure with respect to the products if due to or arising from shortage of raw materials, fires, labor troubles of any kind, accidents, breakdown of machinery, government acts of any kind, failure of manufacturers, subcontractors or suppliers to deliver materials or supplies or to provide services as agreed or contemplated by past dealings, transportation difficulties of any kind, acts of God, acts of Buyer or anything reasonably beyond the Seller's control, whether or not presently occurring or contemplated by either party. Seller shall not be liable for damages, general, consequential or otherwise, or for failure to give notice of any delay in delivery. Seller shall have such additional time within which to deliver the products as may be reasonably necessary under the circumstances and shall have the right to apportion its inventory among its customers in such a manner as it considers acceptable. Seller shall also have the right to deliver the products in installments. 4. Our refund policy At Red Apple, your happiness is paramount. To that end we offer an extensive 100% money back guarantee. Please review the entire refund policy for more details. 5. Limited Warranty and Limitations Products distributed by Seller are warranted by the seller against manufacturing defects, for a period of 30 days. Seller does not itself warranty any products other than those it manufacturers (and then solely pursuant to the terms and subject to the limitations set forth in the documentation herein). THERE ARE NO IMPLIED WARRANTIES OF ANY KIND, INCLUDING NO WARRANTY OF MERCHANTABILITY AND NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. THERE ARE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS BEYOND THE DESCRIPTION ON THE FACE OF THE PRODUCT. IN NO CASE SHALL SELLER BE LIABLE TO ANYONE FOR ANY PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES FOR BREACH OF THIS OR ANY OTHER REPRESENTATION, WARRANTY OR CONDITION, EXPRESS OR IMPLIED, OR UPON ANY OTHER BASIS OF LIABILITY WHATSOEVER, EVEN IF THE LOSS OR DAMAGE IS CAUSED BY ITS OWN NEGLIGENCE OR FAULT AND EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. Seller does not represent that the products it manufactures or sells may not be compromised or circumvented or that the products will prevent any personal injury or property loss. CONSEQUENTLY, SELLER SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURY, PROPERTY DAMAGE OR OTHER LOSS BASED ON ANY CLAIM INCLUDING A CLAIM THAT THE SELLER FAILED TO GIVE WARNING. However, if Seller is held liable whether directly or indirectly for any loss or damage with respect to the products and services it sells, regardless of cause or origin, its maximum liability shall not exceed the purchase price of the product or services, which shall be fixed as liquidated damages and not as a penalty, and shall be the complete and exclusive remedy against the Seller. IN NO CASE SHALL SELLER BE LIABLE TO ANYONE FOR ANY PUNITIVE, CONSEQUENTIAL OR INCIDENTAL LOSS OR DAMAGES, INCLUDING LOSS OF BUSINESS DUE TO FAILURE OF THE PRODUCT. FURTHER, WE IMPLICITLY STATE THAT YOU SHOULD NOT USE OUR PRODUCTS ON SQUIRRELS OR BADGERS. They don't look good in lipstick, and it has a tendency to get them riled up. 6. Third-parties services We may use third parties to provide certain services accessible through the website. Red Apple Lipstick does not control these third parties or their services, and you agree that our company will not be liable to you in any way for your use of such services. These third parties may have their own terms of use and other policies. You agree to comply with such terms and policies as well as these. If any such terms or policies conflict with Red Apple Lipstick's terms, agreements or policies, the terms of sale and policies of Red Apple Lipstick will govern. 7. Governing law and jurisdiction By accessing this website, you agree that all matters relating to your access to and use of this website and/or its products shall be governed by the statutes and laws of the State of Texas, without regard to the conflict of laws principles thereof. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods or Services. By purchasing our services and products, you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts Texas, USA. 8. Our services at Red Apple Lipstick include the ability for users to submit content to Red Apple Lipstick Website for public inclusion via comments and reviews. (please see our privacy policy for what information we collect) You agree not to use these services, or any other services of Red Apple Lipstick: To abuse, harass, threaten, impersonate or intimidate any person; To post or transmit, or cause to be posted or transmitted, any Content that is libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person; For any purpose (including posting or viewing Content) that is not permitted under the laws of jurisdiction where you use the services; To post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account or private information from Red Apple Lipstick user; To create or transmit unwanted 'spam' to any person or any URL; To create multiple accounts for the purpose of voting or posting; Our company reserves the right to change or modify these Terms and Conditions of Sale without prior notice.