TERMS AND CONDITIONS
These terms and conditions govern your use of our website and how we supply products to you, our lovely customer.
Please read these terms carefully before you place your order with us or access our website as they contain important information. If you think that there is a mistake in these terms, please contact us.
1. TERMS AND DEFINITIONS
1.1 By accessing this website and/or placing an order, you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions, you may not use or access this website.
1.2 Your attention is particularly drawn to Section 11 (Price and Payment), Section 14 (Limitation of Liability), and Section 16 (Indemnification).
2. WHO ARE WE?
2.1 We are Coty Operations B.V., a company registered in the Netherlands. Our registered office is at Buitenveldertselaan 5, 1082 VA Amsterdam Netherlands. Our company registration number is 76066223. Our registered VAT number is NL860495371B01.
3. HOW TO CONTACT US?
You can contact us by emailing our friendly customer service team by writing to us at email@example.com
4. YOUR REGISTRATION
4.2 You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
5. YOUR ORDER
5.1 Please select your country of delivery and your preferred currency for payment before browsing to ensure the correct information is displayed on screen.
5.2 To place an order for products on the website, you should press the ‘confirm order’ button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the website.
5.3 At the checkout you will be given an opportunity to review your order, including the country of delivery, to make any amendments prior to placing an order.
5.4 You will receive an order confirmation email detailing the products you have ordered. This email does not constitute our acceptance of your order. Order acceptance will take place on the despatch of your products ordered.
5.5 If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. If we have taken payment prior to non-acceptance of your order then we will refund you, but please note that it can take up to 7 business days for the bank to transfer the funds to you. Non acceptance of an order may be because:
(a) the product is out of stock;
(b) we were unable to authorise your payment;
(c) because of unexpected limits on our resources which we could not reasonably plan for; or
(d) an error in the price or description of the product.
5.6 We will assign an order number to your order. It will help us if you can tell us the order number whenever you contact us about your order.
5.7 The contract will be concluded in English.
6. CHANGING YOUR ORDER
6.1 Due to the nature and speed involved with the Kylie Cosmetics fulfilment process, once your order has been placed and payment processed, we will be unable to change the details of your order (such as delivery address, product types or quantity). This in no way affects your legal right to cancel, as provided in Section 9.1. If you have any questions, please contact our customer services team at firstname.lastname@example.org.
6.2 If the products you ordered have already been collected for delivery from our warehouse, we are unable to cancel your order. For unwanted products, you’ll need to follow our cancellation procedure set forth in Section 9.1 and if you would like to add products to an order, you will need to place a new order.
7. OUR PRODUCTS
7.1 All orders are subject to acceptance and availability, which may vary depending on the shipping destination.
7.2 Each product purchased is sold subject to its product description. We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the website are correct, however, we cannot guarantee the website’s accuracy.
7.3 The images of the products on our website are for illustrative purposes only. Your product and its packaging may vary slightly from its advertised images on the website, as a result of your device’s display of colour.
7.4 If you have any questions or complaints about any product, please contact our customer service team at email@example.com.
8.1 The list of countries that we currently deliver to will be displayed during the check-out process. Delivery lead times will vary according to destination and will be confirmed to you once the product is shipped.
8.2 The maximum delivery time will be confirmed to you in your order confirmation email. If we do not meet this maximum delivery time, you are entitled to cancel your order by emailing us at firstname.lastname@example.org. We may contact you to offer an alternative solution to reimbursement and re-delivery of your products. In the absence of an agreement for an alternative, we will refund all amounts paid, including delivery fees, within 14 days after the date on which your order is terminated for non-delivery.
8.3 It is your responsibility to provide us with a complete and accurate delivery address information. We will not be liable if you supply us with incomplete or inaccurate information.
8.4 Please note, if you choose to use any of our delivery partners’ personalised services (including but not limited to having your parcel delivered to a neighbour or left in a safe place). We shall not be held liable for any items that are lost, damaged or delayed.
8.5 The costs of delivery will be as displayed to you on our website before you finalise your order, please check these carefully, you consent to this charge when you submit your order.
8.6 When your product is shipped from our warehouse we will send you a despatch confirmation email. Please note that products may arrive in separate parcels and may require a signature.
8.7 A product will be your responsibility from the time we deliver the product to the address you gave us. You own a product once we have received payment in full.
9. RIGHT TO CANCEL
9.1 When you buy products online, you have cancellation rights detailed below. If you reside within the EU and the UK, you are entitled to these rights under the EU Directive on Consumer Rights 83/2011 and the Consumer Contracts Regulations 2013.
· Cancellation Right
o You may cancel your contract if you so wish, provided you exercise your right no longer than 14 days after the day you receive the product(s). For more information, please contact us at email@example.com. Please note that you do not have a right to cancel in respect of cosmetic products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them.
o In the unlikely event that you receive products that are damaged, faulty or not as described, you may cancel the order and receive a refund, or request a replacement. For more information, please contact us at firstname.lastname@example.org.
o We will reimburse to you (by the method used to pay for the original transaction) the cost of the products and standard delivery (if applicable). The refund will be made in the currency used to pay for the original transaction.
o The refund will be made within 14 days from the day you notify us that you wish to cancel.
· How to?
10. OUR ONLINE STORE
10.1 Our store is hosted on Shopify Inc. It provides us with our online e-commerce platform that allows us to sell our products to you. Shopify will process your order request and your payment, please see Section 12 below for more information regarding payments. By submitting your order, you agree to Shopify processing your order.
11. DISCOUNT CODES
11.1 You may only use one discount code with each order. We reserve the right to reject or cancel any orders where you add more than one discount code to the basket. We allow you to use discount codes strictly on the terms and conditions upon which they were issued which, amongst other things, may include terms relating to your eligibility to use them and a maximum order value.
12. PRICE & PAYMENT
12.1 The price of the product (which includes VAT/GST) will be the price indicated on the email acknowledgment sent by us on completion of your order online. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced online.
12.2 Product prices shown on the website are in British Pounds or such other currency as we may offer from time to time and are inclusive of VAT/GST. Product prices shown on the website may change from time to time.
12.3 If you choose to pay using a payment card with a currency denominated account that is different from the currency of your order, additional charges and foreign exchange differences may apply.
12.4 We accept payment with Afterpay, Visa, Mastercard, American Express, Paypal, Apple Pay, Google Pay and Shop Pay.
12.5 If you choose a direct payment gateway to complete your purchase, then Shopify Inc. stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
12.6 Full payment is due upon order placement and you will be charged when you press the 'Place Order and Pay' button at the end of the checkout process.
12.7 By placing your order and making an offer to buy a product, you authorise us and Shopify Inc to transmit information (including any updated information) or to obtain information about you from third parties from time to time and this may include verification checks involving your debit or credit card number or credit reports e.g. in order to authenticate your identity.
13. PRODUCT RESTRICTIONS
13.1 There may be instances where due to restrictions (legal or otherwise) or practices in relation to a product, we are prevented from being able to deliver it to you. We shall not be held liable in relation to any product that we are unable to sell or deliver to you as a result of such restrictions. In the event that a restriction is enforced after you have placed your order with us, we will do our utmost to notify you as soon as reasonably practicable.
14 LIMITATION OF LIABILITY
14.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable.
14.2 We do not exclude or limit our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products.
14.3 Subject to 14.2, we will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:
(a) any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
(b) any loss of goodwill or reputation; or
(c) any special or indirect losses
suffered or incurred by that party arising out of or in connection with the provisions of any matter under the terms.
14.4 We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.5 While we will use reasonable endeavours to verify the accuracy of any information we place on the website, we make no warranties, whether express or implied in relation to its accuracy. The website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the website, or any transaction that may be conducted on or through the website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
14.6 We make no warranty that the website and our e-commerce store hosted by Shopify will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website.
14.7 Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Although we will use all reasonable care, we provide no guarantee or warranty that any data or information processed on our behalf by Shopify will be secure.
14.8 To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products. This does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
14.9 We reserve the right to suspend or withdraw the whole or any part of the website at any time without notice and without incurring any liability.
15.1 You agree to fully indemnify, defend and hold us, our group members and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these terms by you, or any other liabilities arising out of your use of this website or any other person accessing the website using your personal information.
16. DATA PROTECTION
17. INTELLECTUAL PROPERTY
17.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the website shall remain at all times vested in us or our licensors.
17.2 You acknowledge and agree that the material and content contained within the website is made available for your personal non-commercial use only and that you may (if necessary to make a purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
18. THIRD PARTY LINKS
18.1 As a convenience to our customers, the website may include links to other websites or material which is beyond our control. For your information, we are not responsible for such websites or material nor do we review or endorse them. We will not be liable, whether directly or indirectly, for the privacy practices or content of such websites nor for any damage, loss or offence caused or alleged to be caused in connection with, the use of or reliance on any such advertising, content, products, materials or services available on such external websites or resources.
18.2 You must not establish any link to our website to suggest any form of association, approval or endorsement on our part where none exists. The website must not be framed on any other site, and you may not create a link to any part of the website other than the home page.
19.1 If you submit a review, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable 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 us and our sub-licensees the right to use the name that you submit in connection with such content, if we choose.
19.2 You represent and warrant that the content and material of any review submitted is accurate and will not cause injury to any person or entity (and that the content or material is not defamatory or discriminatory in any way).
20. DELAY AND EVENTS BEYOND OUR CONTROL
20.1 We will not be responsible to you for any delay or failure to comply with our obligations under these terms and conditions if the delay or failure arises from any cause beyond our reasonable control. If our supply of the products is delayed by an event outside our control then we will contact you to let you know. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
21. COMPLIANCE WITH LAWS
21.1 The website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the website and any transactions conducted on or through the website.
22. AGE RESTRICTIONS
22.1 By using this site, you represent that you are at least the age of majority in your country, state or province of residence.
23.1 If any part of the terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions of the terms.
24 . WAIVER
24.1 No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
25. ENITRE AGREEMENT
25.1 These terms form the entire basis of any agreement reached between you and us.
26. LAW AND JURISDICTION
26.1 These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
27. THIRD PARTIES
27.1 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
28.1 We reserve the right to change these terms and conditions from time to time but any changes will not apply to any orders placed prior to the change being made.