Terms & Conditions

Welcome to Graftobian!

These terms and conditions outline the rules and regulations for the use of Graftobian Make-Up Company, LLC’s Website, located at Graftobian.com.

By accessing this website we assume you accept these terms and conditions. Do not continue to use Graftobian if you do not agree to take all of the terms and conditions stated on this page.


License Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of Graftobian Makeup Company, LLC, Copyright © 2024, ALL RIGHTS RESERVED. You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without our prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

You may access Graftobian’s website for your own personal use subject to the restrictions in these terms and conditions.

You must not:

- Republish material from Graftobian
- Sell, rent or sub-license material from Graftobian
- Reproduce, duplicate or copy material from Graftobian
- Redistribute content from Graftobian



Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Graftobian does not filter, edit, publish or review comments prior to their posting on the website. Comments do not reflect the views and opinions of Graftobian, its agents and/or affiliates. Comments reflect the views and opinions of the person who posted the comment. To the extent permitted by applicable laws, Graftobian shall not be liable for the comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

Notwithstanding the foregoing, Graftobian reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

Prohibited Uses


You agree not to use the website to:

  • violate any applicable law.
  • send unsolicited marketing materials, including junk email, spam, or chain letters.
  • post, transmit, or otherwise make available any material that is (a) threatening, harassing, degrading, hateful, or intimidating, (b) defamatory, libelous, fraudulent, or otherwise tortious, (c) obscene, indecent, pornographic, or otherwise objectionable, or (d) protected by a third party’s copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right without the express prior written consent of the owner.
  • post, insert, transmit, or otherwise make available any malicious or harmful software that is intended to (a) make unauthorized changes to or cause damage to any hardware, software, or equipment, (b) copy, provide unauthorized access to, or prevent authorized access to confidential information or personal information, or (c) prevent detection of any unauthorized invasion of any hardware, software, or equipment.
  • harvest or collect information about users of the website.
  • interfere with or disrupt the operation of the website.
  • reproduce, copy, modify, adapt, translate, create derivative works of, sell, resell, license, sublicense, rent, lease, loan, distribute, or otherwise exploit any portion of the website except as expressly authorized by us.
  • reverse engineer, decompile, or disassemble any portion of the website.
  • remove any copyright, trademark, or other proprietary notices from the website.
  • frame or mirror any portion of the website, or otherwise incorporate any portion of the website into any product or service.
  • systematically download and store website content.
  • use any robot, spider, application, or other device to retrieve, index, scrape, mine, or otherwise gather website content.

    You hereby grant Graftobian a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your comments in any and all forms, formats or media.

Infringement. If you believe your copyrighted work is being used on the website in a manner that constitutes copyright infringement, please contact at admin@graftobian.com. Notices of copyright infringement must include your name, address, phone number, and email address, along with a statement identifying the material that you believe is being used without consent and the reason you believe it constitutes copyright infringement.

Hyperlinking to our Content The following organizations may link to our Website without prior written approval:

- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
- System-wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

We may consider and approve other link requests from the following types of organizations:

- commonly-known consumer and/or business information sources;
- dot.com community sites;
- associations or other groups representing charities;
- online directory distributors;
- internet portals;
- accounting, law and consulting firms; and
- educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; and (c) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you are one of the organizations listed above and are interested in linking to our website, you must inform us by sending an e-mail to Graftobian at admin@graftobian.com. Please include your name, your organization name, contact information, as well as the URL of your site, a list of any URLs from which you intend to link to our website, and a list of the URLs on our site to which you would like to link. We will respond within two to three weeks.

Approved organizations may hyperlink to our Website as follows:

- By use of our corporate name; or
- By use of the uniform resource locator being linked to; or
- By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.

No use of Graftobian’s logo or other artwork will be allowed for linking absent a trademark license agreement.






Reservation of Rights We reserve the right to request that you remove all links or any particular link to our website. You agree to immediately remove all links to our website upon request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuously linking to our website, you agree to be bound to and follow these linking terms and conditions.

Removal of links from our website If you find any link on our website that is offensive for any reason, please contact us at admin@graftobian.com. We will consider requests to remove links but we are not obligated to do so or to respond to you directly.

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Disclaimer THE WEBSITE AND ALL INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS AVAILABLE ON OR THROUGH THE WEBSITE ARE PROVIDED “AS IS.” GRAFTOBIAN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE WEBSITE. GRAFTOBIAN DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED OR EXPRESS WARRANTIES OF (I) MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, (II) ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE, (III) THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, AND (IV) THAT ANY CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR ALTERED.

Indemnification

You agree to defend, indemnify, and hold harmless Graftobian, its affiliates, officers, directors, employees, agents, licensors, clients, and subcontractors from and against any and all claims, damages, losses, liabilities, costs, and expenses relating to or arising from (i) your use of the website, (ii) your violation of these Terms and Conditions, (iii) your violation of any third party rights relating to or arising out of your use of the website, or (iv) your violation of any law or regulation relating to, or arising out of, your use of or access to the website.

Limitation of Liability

GRAFTOBIAN AND ITS AFFILIATES, EMPLOYEES, OFFICERS, AGENTS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AGGRAVATED, OR PUNITIVE DAMAGES OF ANY KIND UNDER ANY CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, OR DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR OTHER INTANGIBLES, OR LOSS OF SECURITY OF SUBMITTED MATERIALS, EVEN IF ADVISED IN ADVANCED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

WITHOUT LIMITING THE FOREGOING, YOU FURTHER AGREE THAT GRAFTOBIAN WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OR INABILITY TO USE THE SITE OR FROM ANY THIRD-PARTY MATERIALS, INCLUDING FROM ANY MALWARE OR ANY VIRUS, WORM, HACK, OR MALICIOUS SOFTWARE THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH.

YOU ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE.

NOTWITHSTANDING THE FOREGOING, IF YOU ARE A GRAFTOBIAN CUSTOMER, YOU AGREE THAT THE MAXIMUM AGGREGATE LIABILITY OF GRAFTOBIAN FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RELATING TO YOUR USE OF THE WEBSITE WILL BE $100.

IF YOU ARE NOT A GRAFTOBIAN CUSTOMER, SINCE YOU DO NOT PAY FOR USE OF THE WEBSITE, YOU UNDERSTAND AND AGREE THAT GRAFTOBIAN WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES, LOSSES, OR CAUSES OF ACTION RELATING OT YOUR USE OF THE WEBSITE.

Dispute Resolution

General. In the interest of resolving disputes in the most expedient and cost effective manner, you and Graftobian agree that any dispute arising out of or in any way related to these Terms, your relationship with Graftobian, or any goods or services offered or provided by Graftobian, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms, will be resolving by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND GRAFTOBIAN ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THAT THESE TERMS WILL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.

Exceptions. Notwithstanding the foregoing, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) seek public injunctive relief from a court of competent jurisdiction; or (c) to file suit in a court of law to address an intellectual property infringement claim.

Arbitrator. Any arbitration between you and Graftobian will be governed by the Federal Arbitration Act and the JAMS Comprehensive Arbitration Rules & Procedures (collectively, “JAMS Rules”) and will be administered by JAMS. The Jams Rules and filing forms are available online at www.jamsadr.com or by calling JAMS 1 (800) 352-5267. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by U.S. Mail (“Notice”). Graftobian’s address for Notice is set forth in the “Contact Us” section, below. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. The parties will make a good faith effort to resolve the claim directly but, if the parties do not reach an agreement within thirty (30) days after the Notice is received, you or Graftobian may commence an arbitration proceeding.

Fees. Each party shall pay its pro rata share of JAMS fees and expenses as set forth in the JAMS fee schedule, unless the parties agree on a different allocation of fees and expenses. If the action qualifies as a consumer arbitration, the JAMS Policy on Consumer Arbitrations shall apply.

Conduct of Arbitration. Any arbitration hearing will take place at a JAMS office in Madison, Wisconsin. The arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. Each party agrees that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award.

No Class Actions YOU AND GRAFTOBIAN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Graftobian agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

Governing Law

This Agreement is governed by and construed in accordance with the laws of the State of Wisconsin without giving effect to any choice or conflict of law provision or rule. Any action against Graftobian that is not subject to mandatory arbitration shall be subject to the exclusive jurisdiction of the state and federal courts located in Madison, Wisconsin




Credit Cards We accept the following credit cards: Visa, MasterCard, American Express, and Discover. There is no surcharge for using your credit card to make purchases. Please be sure to provide your exact billing address and telephone number (i.e. the address and phone number your financial institution has on file for you). Incorrect information will cause a delay in processing your order. Your credit card will be billed upon shipment of your order.





Money Orders, Cashier’s Checks, Company Checks, and Personal Checks We do not accept money orders or checks for online orders. If you wish to place an order and pay with a money order, cashier’s check, personal check or company check, please give us a call at 608-222-7849 from 9-5 Central time, Monday – Friday and one of our friendly sales representatives will be happy to take your order.

We accept money orders, cashier’s checks, personal checks, and company checks in U.S. Dollars only. Orders are processed upon receipt of a money order or cashier’s check. For personal and company checks, please allow up to 10 banking days after receipt for clearance of funds before the order is processed. We cannot guarantee the availability of a product by the time funds clear or payment is received. We will charge a $25 fee on all returned checks.

 For a multiple product order, we will make every attempt to ship all products contained in the order at the same time. Products that are unavailable at the time of shipping will be shipped as they become available, unless you inform us otherwise. You will only be charged for products contained in a given shipment, plus any applicable shipping charges. You will only be charged for shipping at the rate quoted to you on your purchase receipt. The entirety of this shipping charge may be applied to the first product(s) shipped on a multiple shipment order.

Order Acceptance Policy Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Graftobian reserves the right at any time after receipt of your order to accept or decline your order for any reason or to supply less than the quantity you ordered of any item.



Out-of-Stock Products We will ship your product as it becomes available. Usually, products ship the same day if ordered by 9:00 AM Central, or by the next business day if your order is received after 9:00 AM Central and for orders received on Saturday, Sunday or any major holiday. However, there may be times when the product you have ordered is out-of-stock, which will delay fulfilling your order. We will keep you informed if any products that you have ordered are out-of-stock and unavailable for immediate shipment. You may cancel your order at any time prior to shipping.

Privacy

Our Privacy Policy explains how we collect, use, share and protect our customer information. By agreeing to these Terms of Service, you consent to our collection, use, sharing and protection of your information as described in the Privacy Policy. Please review the current version of the Privacy Policy at https://graftobian.com/pages/privacy-policy.

 
Cookies We employ the use of cookies. The use of cookies is governed by our Privacy Policy.

Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

We use “cookies” to keep track of your current shopping session to personalize your experience and so that you may retrieve your shopping cart at any time. By using our website, third parties, such as Facebook, Google, or AdRoll, may place cookies on your browser for targeted advertising purposes. Third parties may collect personal information, including your IP addresses, cookie identifiers and website activity. This data may be used by third parties to send you targeted advertising on our website or other websites. If you wish to opt out of receiving targeted advertising, please visit the websites below:



Privacy on Other Websites Other sites accessible through our website have their own privacy policies and data collection practices. Please consult each site’s privacy policy. Graftobian is not responsible for the actions of third parties.

Returns
We value your business and will work very hard to keep you satisfied with our products and our service.

If you need to return a purchase from Graftobian.com, we accept returns that meet the following criteria:

  • Products must have been purchased from Graftobian.com (if you purchased from an authorized dealer or from amazon.com, please contact the original seller you purchased from).
  • Products must be in unused or gently-used condition. No refunds will be given for heavily used products.
  • Returns must be made within 30 days of purchase.
  • Return postage is paid by customer.
  • Refund amount for products will be for the amount paid after discounts, if any.
  • Shipping charges are not refundable.

To make a return, please contact us at ordermakeup@graftobian.com for a Return Authorization. We will give you packaging and shipping instructions that will allow you to return the product in mint condition. You will be responsible for the cost of the return and for the shipping cost of any replacement order.  Returned products will be evaluated by our returns team, and if we determine, at our sole discretion, that the returned product has been heavily used, we will be unable to issue a refund. We will dispose of the returned item and notify you of what has transpired.

If you have comments or questions about our policies, please email us at ordermakeup@graftobian.com

Shipping Policy We ship Monday through Friday. Orders placed during the weekend are processed on Monday morning. Any order placed on the Graftobian Make-Up website, minimum order $19.99, by 9:00 AM Central will typically be shipped the same business day so long as the Shipping Address and Billing Address are the same. If the Shipping Address and Billing Address are different, there is usually a two or three day delay to prevent fraudulent use of credit cards.

 

In the event that you require your order to be shipped same day and you have missed the 9:00 AM deadline, just call us at 1-608-222-7849 and let us know that you have just placed an order that needs to be shipped today. We will do our best to accommodate your request.

 

Please be aware that during Christmastime and other big holidays, UPS shipping speeds may slow due to high volume.

 

Graftobian shall not be responsible for shipping delays.

International Shipping In many countries of the world, Graftobian has fantastic distributing partners who will happily keep you supplied with our products. If your order is addressed to a country with a Graftobian distributor, we will refer your order directly to your local dealer/distributor, and will copy you on the referral. Further, please note that any orders addressed to a Transhipper or Mailbox forwarder / Freight forwarder will also be referred to your local dealer/distributor, if one exists. In these cases, you will not be charged by us, your credit card authorization will be released, and you will be contacted by your local distributor to confirm and finalize the order.

 

The pricing on our website is in US Dollars and is intended for sales within the United States. Please expect any referral to one of our international distributors to ultimately be priced according to that country’s pricing levels, policies, and local currency.

 

If you are ordering with an international credit card or placing an order that ships outside the United States we ask that your shipping address matches the billing address on file with your credit card company. We reserve the right to cancel any orders that do not meet this guideline.


Taxes Our Store shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses in Wisconsin and New York State. For orders shipped to other states, you are solely responsible for all sales taxes or other taxes.

 

 

Third-Party Links and Content This website may contain hyperlinks to third-party websites and content from third parties. When you access third-party websites or content through this website, you do so at your own risk. We do not investigate, monitor or check the accuracy or completeness of such third-party websites or content, and we are not responsible for any objectionable, inaccurate, misleading or unlawful content that may reside thereon or therein. The inclusion of any third-party content or hyperlink to a third-party site does not necessarily imply endorsement by us of that content or site. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage, loss, or harm caused or alleged to be caused by or in connection with your use of or reliance on any third-party site or third-party content.

 

SMS Messages

 

Graftobian provides communications via SMS concerning products, sales, order status, and upcoming events (the “SMS Program”). If you opt in to our SMS Program, these Terms shall apply.

 

User Opt-In. The SMS Program allows you to receive SMS mobile messages by providing your phone number to Graftobian and/or affirmatively opting into the SMS Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the SMS Program, you agree that these Terms apply to your participation in the SMS Program. By participating in the SMS Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to do business with us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies.

 

User Opt-Out. If you do not wish to continue participating in the SMS Program, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from us in order to opt out of the SMS Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that Graftobian and its service providers will have no liability for not honoring such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting that one of our employees remove your from our list, is not a reasonable means of opting out.

 

Cost and Frequency. Message and data rates may apply. You agree to receive messages periodically at our discretion. Daily, weekly, and monthly message frequency will vary. The SMS Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with us.


Typographical Errors In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Graftobian shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Graftobian shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Graftobian shall immediately issue a credit to your credit card account in the amount of the incorrect price.

 

Entire Agreement

These Terms constitute the entire agreement between you and Graftobian relating to the website. These Terms supersede any and all prior or contemporaneous agreements or understanding between you and Graftobian.

 

Severability. If any provision of these Terms is found to be invalid by a court of competent jurisdiction, the provision shall be stricken. All other terms will remain in full force and effect.

 

Waiver. No failure to exercise or delay in exercising any rights, remedy, power, or privilege arising from these Terms will operate or be construed as a waiver thereof. Likewise, no single or partial exercise of any right, remedy, power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

 

Contact Us

If you have any questions about these Terms, you may contact us at:

 

Graftobian Make-Up Company, LLC

510 Tasman St.

Madison, WI 53714

admin@graftobian.com

608-222-7849

 

Effective 9/17/2024