1. Acceptance of Terms
By using this website, creating an account, or placing an order, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the site.
2. Eligibility
You must be at least 18 years of age, or the age of majority in your jurisdiction, and able to form a legally binding contract to purchase products or use this site.
3. Products, Descriptions & Pricing
We strive to display product information, colors, and descriptions accurately, but we do not warrant that descriptions or other content are error-free, complete, or current. All prices are listed in U.S. dollars and are subject to change without notice. We reserve the right to correct errors, limit quantities, refuse or cancel any order, and discontinue any product at any time.
4. Orders & Payment
Your submission of an order is an offer to purchase. All orders are subject to acceptance and product availability. Payment is processed through a third-party payment processor; by submitting payment information you represent that you are authorized to use the payment method. Applicable taxes and shipping charges are calculated at checkout.
5. Shipping, Returns & Refunds
Shipping is governed by our Shipping Policy and returns and refunds are governed by our Refund & Returns Policy, each of which is incorporated into these Terms by reference.
6. Intellectual Property & Trademarks
All content on this site — including the PACIFIQ NOIR™ name and logo, text, graphics, images, product designs, and layout — is owned by or licensed to ONA LLC and is protected by intellectual property laws. “PACIFIQ NOIR” and associated marks are trademarks of ONA LLC. You may not copy, reproduce, distribute, or create derivative works without our prior written consent.
7. User Conduct & Submissions
You agree not to misuse the site, attempt to gain unauthorized access, or use it for any unlawful purpose. Any reviews, comments, or other content you submit are non-confidential, and you grant us a royalty-free, worldwide license to use, reproduce, and display such content in connection with our business.
8. Cosmetic & Health Disclaimer
PACIFIQ NOIR™ products are cosmetics intended for external use only. Statements regarding our products have not been evaluated by the U.S. Food and Drug Administration. Our products are not intended to diagnose, treat, cure, or prevent any disease or medical condition. Individual results may vary. We recommend performing a patch test before first use and discontinuing use if irritation occurs. Consult a qualified healthcare professional regarding any skin concern, allergy, pregnancy, or medical condition. Keep out of reach of children and avoid contact with eyes.
9. Disclaimer of Warranties
THE SITE AND ALL PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, ONA LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not warrant that the site will be uninterrupted, secure, or error-free.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, ONA LLC, ITS OFFICERS, MEMBERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR DATA, ARISING FROM YOUR USE OF THE SITE OR PRODUCTS. OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
11. Indemnification
You agree to indemnify, defend, and hold harmless ONA LLC and its affiliates from any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of your use of the site, your violation of these Terms, or your violation of any rights of a third party.
12. Governing Law & Dispute Resolution
These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws principles. Any dispute shall be resolved exclusively in the state or federal courts located in California, except that, to the extent permitted by law, the parties agree to resolve disputes through binding individual arbitration and waive the right to participate in any class action. You and ONA LLC agree to submit to the personal jurisdiction of such courts or arbitral forum.
13. Changes; Severability; Entire Agreement
We may revise these Terms at any time by posting an updated version. If any provision is found unenforceable, the remaining provisions remain in effect. These Terms, together with the policies referenced herein, constitute the entire agreement between you and ONA LLC regarding the site and products.
14. Contact
ONA LLC — Roseville, California, United States. Questions about these Terms: support@pacifiqnoir.com.
Legal notice. This policy is provided for general informational purposes by ONA LLC (“PACIFIQ NOIR”) and does not constitute legal advice. ONA LLC recommends that this document be reviewed by qualified legal counsel and tailored to your final business operations, payment processing, and jurisdiction before public launch and before accepting online orders.