This section sets forth the Terms and Conditions pursuant to which disputes between you and La Joya Cosmetics will be resolved through individual arbitration (“Arbitration Agreement”). Please read this section carefully because it requires you and La Joya Cosmetics to arbitrate disputes and limits the manner in which We can seek relief from each other.

In the event that there is a dispute, claim, or controversy arising out of or related to your access or use of the Site, any products sold or distributed through the Site, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of New York, as if the Terms and Conditions were a contract wholly entered into and wholly performed within New York. The matter shall be finally resolved by Confidential Arbitration by video conference or, at the Arbitrator’s discretion, by in person hearing in the County where you reside (unless the Batch Arbitration process applies) and you agree to submit yourself to the jurisdiction and proceeding thereof, Arbitration means that an Arbitrator will decide the claim, and you will not have the right to sue in court or to have a Judge or Jury decide your claim. Your rights to prehearing exchange of information and Appeals may also be limited in Arbitration. The matter shall be resolve to the fullest extent permitted by law, in accordance with Alternative Dispute Resolution offered by the New York State Unified Court System to resolve the dispute.

Before starting an arbitration proceeding, you must first send La Joya Cosmetics a written statement including the following: (I) the name, address, and telephone number, e-mail address of the party seeking arbitration and the account username (if applicable), as well as the email address associated with any applicable accounts; (II) a statement of the legal claims being asserted and the factual bases of those claims; (III) a description of the remedy sought and an accurate, good-faith calculation of the amount in controversy in United States Dollars; and (IV) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration.

A party who wishes to initiate arbitration must provide the other party with a demand for arbitration (the “Demand”). If the party requesting arbitration is represented by counsel, the Demand shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Demand. By signing the Demand, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (I) the Demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase to cost of dispute resolution; (II) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (III) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.

The Dispute Statement to La Joya Cosmetics must be submitted via the contact form (include hyperlink here). If We are unable to resolve your claim within thirty (30) days, then either party that desires to initiate an arbitration must provide the other party with a written Demand for Arbitration.