Terms of Use and Sale

Welcome to rayalab.com  - Raya's Professional Online Store ("Raya") !  Raya (a dba of Rosa West Laboratories, Inc)  and  provides its products and services to you subject to the following conditions. If you visit or shop within this website, you accept these conditions. Please read them carefully. ​

This Terms of Use and Sale Agreement (this “Agreement”) is a legal agreement between you (“User”) and Rosa West Laboratories, Inc. (“Raya”) that governs your use of this e-commerce website. These terms and conditions of sale (“Agreement”) are applicable to any order placed with and accepted by Raya. By utilizing this e-commerce website, User acknowledges that he or she has read, understood, and agrees to comply with the terms and conditions stated within this Agreement. Raya may amend these terms of sale at any time. User’s submission of an order at this website constitutes acceptance of the terms of sale stated at the time of order. 

SCOPE OF AGREEMENT

Raya, upon acceptance of an Order placed by User, will supply the products and services specified in the Order to User, pursuant to the terms and conditions of this Agreement and Raya’s acceptance of such order submitted by User is expressly limited to the terms and conditions of this Agreement notwithstanding any contrary provision contained in User’s purchase orders, invoices, acknowledgements or other documents. The details of the Order (e.g. quantity, price, and product specifications) shall be set forth in the relevant Order.

PRICE AND TERMS

The prices payable by User for goods and services to be supplied by Raya under this Agreement will be specified in the applicable Order. Unless otherwise expressly stated in an Order, all prices exclude shipping and taxes. Payment is due at time of order, products will be shipped/provided after payment is confirmed. Raya reserves the right to withhold shipment of the Order until full payment is made/and or received. Payment terms can be changed without notice. The payment terms in effect when an order is received will apply to that order. You are encouraged to review payment terms at the time of your order.

INGREDIENTS

Raya is dedicated to maintaining the accuracy of the ingredient lists on this website. However, because ingredients are subject to change, we cannot guarantee that these lists are complete, up-to-date and/or error-free. For an accurate listing of ingredients in each product, please refer to your product packaging.

PRODUCT DESCRIPTIONS

Raya and its associates attempt to be as accurate as possible. However, Raya does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Raya is not as described, your sole remedy is to return it in unused condition. 

PRODUCT LABELING TERMS for Licensed Professionals (Aestheticians, Cosmetologists, Medical Doctors)

The purchaser is prohibited from the use or reference of the RAYA brand name in any of their marketing, advertising, or promotional materials, including online, social media, videos, emails, television, radio, billboard, or in any printed materials.

PRODUCT LABELING TERMS for UNPRINTED AND BULK ORDERS VIA the RAYA PRO-PORTAL for distributors

Wholesale distributors are able to purchase un-printed or bulk RAYA products, for distribution under their own brand name.  All products will arrive un-printed and un-labeled.  The purchaser is responsible for following FDA labeling guidelines for cosmetics.

The purchaser is prohibited from the use or reference of the RAYA brand name or any RAYA product names, titles, SKU numbers, or descriptions in any of their marketing, advertising, or promotional materials, including online, social media, videos, emails, television, radio, billboard, or in any printed materials.

All product names, numbers, and descriptions (other than ingredients) must be changed from the names, numbers, and descriptions used on our website for each individual product purchased.

FREIGHT TERMS

Unless otherwise specified in the Order, products will be delivered FOB Raya’s manufacturing facility and will be shipped to User via carriers selected by Raya. Raya reserves the right to charge a 20% service restocking charge on all orders not accepted for delivery. Raya reserves the right to choose the freight carrier on prepaid shipments.
 

DAMAGE AND SHORTAGE POLICY

All shipments are packed with great care. Orders are triple checked to ensure quality and accuracy. Any damages or shortages (including latent damages) must be reported by User to Raya Customer Service within 48 hours of User’s receipt of shipment.

 

RETURNS  AND REFUSALS

User must notify Raya of all returns, refusals or other disputes within 10 days of User’s receipt of order. All returns must be pre-authorized by Raya Customer Service and returned with an RMA Number (Return Authorization Number), provided by Raya Customer Service. 


 

INTELLECTUAL PROPERTY

Any and all copyrights, trademarks and trade names, commercial symbols, trade secrets, work product and information embodying proprietary data existing and owned by Raya as of the date of the Order or made or conceived by employees, consultants, representatives or agents of Raya during the term of this Agreement shall be and remain the sole and exclusive property of Raya. Raya's trademarks and trade dress may not be used in connection with any product or service that is not Raya's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Raya.

GENERAL INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Raya, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising out of your use or misuse of the Website, including but not limited to your violation of this Agreement and/or any of the warranties contained herein.

PRIVACY

Please review our Privacy Notice, which also governs your visit to our website, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you visit Raya or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

LICENSE AND SITE ACCESS

Raya grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Raya. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Raya. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Raya and our associates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Raya's name or trademarks without the express written consent of Raya. Any unauthorized use terminates the permission or license granted by Raya. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Raya so long as the link does not portray Raya, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Raya logo or other proprietary graphic or trademark as part of the link without express written permission.

 

YOUR MEMBERSHIP ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. Raya and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

 

REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT

If the site allows, visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, discriminatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Raya reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Raya and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Raya and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify Raya or its associates for all claims resulting from content you supply. Raya has the right but not the obligation to monitor and edit or remove any activity or content. Raya takes no responsibility and assumes no liability for any content posted by you or any third party.

 

RISK OF LOSS

All items purchased from Raya are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier.


DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY RAYA ON AN "AS IS" AND "AS AVAILABLE" BASIS. RAYA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, RAYA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. RAYA DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM RAYA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RAYA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. 

 

APPLICABLE LAW

By visiting Raya, you agree that the laws of the state of Calfornia, USA, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Raya or its associates.

 

DISPUTES

Any dispute relating in any way to your visit to Raya or to products you purchase through Raya shall be submitted to confidential arbitration in Los Angeles, California, except that, to the extent you have in any manner violated or threatened to violate Raya's intellectual property rights, Raya may seek injunctive or other appropriate relief in any state or federal court in the state of California, USA, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. This Terms of Sale Agreement (this “Agreement”) is a legal agreement between you (“User”) and Rosa West Laboratories Inc. (“Raya”) that governs your use of this e-commerce website. 

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our Privacy Policy, posted on this site. These policies also govern your visit to Raya. We reserve the right to make changes to our site, policies, and these Terms of Use and Sale at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

 

QUESTIONS:

Questions regarding our Terms of Use, Privacy Policy, Terms of Sale or other policy related material can be directed to our support staff by clicking on the "Contact Us" link below. Or you can email us at: contact@rayalab.com