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TERMS OF USE

Effective date: July 15, 2021

These Terms are a legal agreement between Coty DTC Holdings, LLC located at 350 5th Avenue, 19th Floor, New York, NY 10118-0110, on behalf of itself and its subsidiaries and affiliates (“Kylie Cosmetics,” “us,” “our” and “we”) and you and, if applicable, the entity on whose behalf you are entering into these Terms of Use (also referred to as “your”).

PLEASE READ THESE WEBSITE TERMS OF USE (“Terms of Use”) CAREFULLY. BY USING THIS WEBSITE, KYLIECOSMETICS.COM (“Website”), YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT ACCESS THIS WEBSITE.

We recommend that you print off a copy of these Terms of Use for your records, as well as any future versions of them, as we may update them from time to time.  You can download a printable copy of these Terms of Use here.

IMPORTANT NOTE
Please read carefully the sections titled “EXCLUSIONS AND LIMITATIONS OF LIABILITY”, “INDEMNIFICATION”, AND “DISCLAIMERS”. These provisions limit our liability to you and affect how disputes are resolved. California residents, for more information on your rights under the California Consumer Privacy Act (“CCPA”) please review the “Additional Disclosures for California Residents” section of our Privacy Policy.

If for any reason whatsoever you do not agree to these Terms of Use or do not wish to be bound by them, you must not access or use our Website.

1. OUR DETAILS

Coty DTC Holdings, LLC operates the Website.

Coty DTC Holdings, LLC is a Delaware limited liability company.

Our address is 350 5th Avenue, 19th Floor, New York, NY 10118-0110.

Our contact email address is customerservice@kyliecosmetics.com.

2. YOUR RESPONSIBILITY FOR OTHERS WHO ACCESS OUR WEBSITE USING YOUR DEVICE

You must ensure that any persons who access our Website on your computer(s) or device(s), or who are permitted or able to access our Website on your computer(s) or device(s) are aware of these Terms of Use and all other documentation referred to in them, and that such persons also agree to be bound by and to comply with these Terms of Use. If for any reason whatsoever, such persons do not agree to these Terms of Use or do not wish to be bound by them, they must not access or use our Website, and you must not permit them to do so.

3. OTHER DOCUMENTS GOVERNING YOUR USE OF OUR WEBSITE

We provide this Website to you subject to these Terms of Use as well as: 

  • Our Privacy Policy, which is available at https://kyliecosmetics.com/pages/privacy-policy. You acknowledge that all information you provide through this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website and Account registration, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. It sets out the types of information we collect, the reasons we collect it, how we use it, where we may pass it on to any third parties, in what circumstances and for what reasons, and any other relevant information relating to our use and/or processing of your information and your rights in relation to your information.
  • Our Cookies Policy, which is available at https://kyliecosmetics.com/pages/terms-of-use. Our cookies policy governs our use of cookies and similar technologies on our Website. It sets out the types of cookies we use, the purposes for which we use them, the circumstances in which we may place cookies on your computer, device or browser, and other relevant information relating to cookies, such as how to change your browser preferences and settings to accept or reject cookies.

4. CHANGES TO THESE TERMS OF USE

We reserve the right to update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access and use of the Website thereafter.

If you use the Website after we post a revised version of these Terms of Use, your use will be governed the revised Terms of Use. You can find out whether these Terms of Use have been revised since your last visit to this Website by looking at the Effective as of date at the top of these terms.

You must check these Terms of Use each time you access our Website in order to ensure that you are aware of the terms that apply to you at that time.

5. YOUR ACCOUNT DETAILS

Access to and use of certain functionalities and features of the Website may require you to register for a user account (“Account”) with us. If you decide to register an Account with us, you will provide us certain information to create and access your Account. You agree to provide us with accurate, complete and current information about yourself during Account registration and at all other times, and you agree to update all information provided to us or requested by us if, and as soon as, such information changes and before you make any product purchase. You agree to keep your log-in information confidential and to not authorize any third party to use your Account. You agree that you will not solicit, collect or use the login credentials of other individuals. We prohibit the creation of, and you agree that you will not create, an Account for anyone other than yourself. We will not be liable for any loss or damage that results from the unauthorized use of your Account, either with or without your knowledge. You are fully responsible for your failure to safeguard information or for permitting any other person to access or use your Account, and you agree that we may attribute all use of your Account to you. You agree to notify us immediately at customerservice@kyliecosmetics.com if you suspect any unauthorized use of your Account or any other breach of security. You may not sell or otherwise transfer your Account. We have the right to cancel or suspend your registration for any reason or for no reason at any time, as determined in our sole discretion.

6. OWNERSHIP OF MATERIAL ON OUR WEBSITE

All trademarks, service marks, trade names, logos, copyright and other intellectual property rights in our Website and its contents, features, and functionality are either owned by us or licensed to us. All such rights are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property and proprietary rights law intellectual property laws, and all rights are reserved. Any use of the Website and its contents, other than as specifically authorized herein, is strictly prohibited. Any rights not expressly granted herein are reserved by us.

The trademarks, service marks, trade names, logos and other branding owned by third parties and used or displayed on or via our Website (collectively, “Third Party Mark(s)”) may be trademarks of their respective owners, who may or may not endorse or be affiliated with or connected with us. Except as expressly provided in these Terms of Use, or in terms provided by the owner of a Third Party Mark, nothing in these Terms of Use or on or via the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of our or any Third Party Marks that are used or displayed on the Website, without the respective owner’s prior written permission, in each instance. All goodwill generated from the use of our trademarks will benefit us exclusively.

7. RELIANCE ON INFORMATION AND CONTENT

Our Website is made available to you in order to provide you with general information about us, our business, and any products or services that we offer from time to time. We do not warrant the accuracy, completeness, or usefulness of this information. This Website may include content provided by third parties, including materials provided by other users and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

The content on our Website is not intended to be construed as advice. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

8. CONTENT ON OUR WEBSITE

The content on our Website is provided for your personal, private and non-commercial use only. You may print or share the content from our Website for lawful personal, private and non-commercial purposes. You may not otherwise extract, reproduce, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit or distribute the content of our Website without our prior written consent, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not:

  • Modify copies of any materials from this Website. 
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
  • You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

9. PROHIBITED USES OF OUR WEBSITE

You must not, without our prior written consent, access, interfere with, damage or disrupt in any way our Website or any part of it, our systems, any of our hardware or equipment or any networks on which our Website is hosted, any software that we use to create or modify the Website or to make the Website available to you, or any hardware, equipment, network, server, software or technology owned or operated by us or any third party.

You must use our Website for lawful purposes only and in accordance with these Terms of Use. You must not use our Website:

  • for any purpose that is unlawful or that in any way breaches any applicable laws or regulations, whether local, national or international;
  • for any fraudulent purposes whatsoever;
  • to conduct any unsolicited or unauthorized advertising or direct or indirect marketing to anyone by any means, or to otherwise spam, communicate with or market to anyone any goods, services or business not authorized by us;
  • to upload, host or transmit any viruses, malware, adware, spyware, worms, Trojan horses, keystroke loggers, spyware, logic bombs, time bombs or any other harmful programs or code which could adversely affect the use or operation of the Website, our hardware or systems, or the computers, tablets, phones or other devices of any users or other third parties, or to upload any content or materials containing any such content;
  • to communicate with, exploit, harm or attempt to harm minors in any way; 
  • to engage in any other conduct that restricts or inhibits anyone’s use of enjoyment of the Website, or which, as determined by us, may harm us or users of the Website, or expose them to liability; or
  • in any way or for any purpose that breaches these Terms of Use or the terms of any of the documents these Terms of Use refer to.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website. 
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

10. GEOGRAPHIC RESTRICTIONS

The Website is provided for users in the United States. Although it may be possible to access the Website from other countries, we make no representation that our Website is compliant with any legal requirements in force in any jurisdiction other than the United States, or that the content available on the Website will be appropriate for users in other countries or states. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

11. LINKS TO OTHER WEBSITES

Links to third party content or websites may appear on our Website from time to time. If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We are not responsible for the content of any websites accessible via any link(s) on our Website (“Linked Sites”). We do not endorse or sponsor any Linked Sites or the information, products, or services contained on any Linked Sites. Linked Sites are governed by their own terms of use and privacy policies. You may need to use or obtain additional products or services in order to use the Linked Sites, such as a mobile device, internet access, and a data connection. You must obtain or use these products or services separately and pay all associated charges (including for internet access or other data transmission).  All content on Linked Sites is outside of our control, and we do not represent or warrant that such content is related to us or our Website, suitable or appropriate for use or viewing, lawful or accurate.

12. TEXT MESSAGING

By providing us with your cell phone number (including as part of your Account), you agree to receive autodialed and pre-recorded, non-marketing, service-related text messages from or on behalf of us at the phone number provided. You further agree to receiving autodialed and pre-recorded text messages from or on behalf of us at the number provided for marketing or promotional purposes.

Message and data rates may apply. The frequency of text messages that we send to you depends on your transactions with us. All charges are billed by and payable to your wireless service provider.  Please contact your wireless service provider for pricing plans and details.  Text message services are provided on an “as is” basis and may not be available in all areas at all times. If you do not wish to continue receiving text message, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from us in order to opt out.  You may receive an additional mobile message confirming your decision to opt out.

BY AGREEING TO RECEIVE TEXT MESSAGES, YOU UNDERSTAND AND AGREE THAT WE MAY USE AN AUTOMATIC DIALING SYSTEM TO DELIVER TEXT MESSAGES TO YOU AND THAT YOUR CONSENT TO RECEIVE TEXT MESSAGES IS NOT REQUIRED AS A CONDITION OF PURCHASE FOR ANY GOODS OR SERVICES.

13. PRODUCT PURCHASES

Product purchases made through this Website are subject to our Terms of Sale. Please review the Terms of Sale carefully prior to making a purchase through the Website. The Terms of Sale are incorporated by reference in these Terms.

14. PROMOTIONS

From time to time, we may offer you the opportunity to participate in challenges or other promotions (collectively, “Promotions”). You may not be transfer, assign, sell, trade or barter any prize, premium of other benefit you receive through a Promotion. ANY PRIZE, PREMIUM OR OTHER BENEFIT IS AWARDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR GUARANTEE FROM HSD, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

We reserve the right to modify, terminate or suspend the availability of Promotions and to correct errors or inconsistencies in Promotion-related materials. We may disqualify any individual who tampers with any Promotion. CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF A PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND WE RESERVE THE RIGHT TO SEEK DAMAGES FROM SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

You agree to be bound by our decisions, which are final and binding in all matters relating to Promotions. Promotions are subject to all applicable federal, state and local laws, rules and regulations. Promotions are void where that they are prohibited, restricted or taxed.

BY PARTICIPATING IN A PROMOTION, YOU AGREE TO RELEASE HSD AND ITS AGENTS FROM ANY AND ALL LIABILITY, LOSS OR DAMAGE ARISING FROM OR IN CONNECTION WITH PARTICIPATION IN ANY PROMOTION-RELATED ACTIVITY OR THE RECEIPT, USE OR MISUSE OF ANY PRIZE OR PREMIUM THAT YOU MAY RECEIVE

15. EXCLUSIONS AND LIMITATIONS OF LIABILITY

We do not exclude our liability to you where it would be unlawful to do so, for example, for death or personal injury caused by our negligence. If applicable law does not allow all or any part of the below limitations of liability to apply to you, the limitations will apply to you only to the maximum extent permitted by applicable law.

If you purchase goods or services from our Website, different exclusions of liability may apply. These are contained in our Terms of Sale.

SUBJECT TO THE AFORESAID, IN NO EVENT SHALL WE (INCLUDING OUR PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS) UNDER ANY CIRCUMSTANCES WHATSOEVER BE LIABLE TO YOU FOR ANY LOSS, DAMAGE (WHETHER DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) COSTS, EXPENSES, LIABILITIES OR PENALTIES, WHETHER IN CONTRACT, TORT, BREACH OF STATUTORY DUTY OR OTHERWISE, WHETHER FORESEEABLE OR UNKNOWN, ARISING FROM, IN CONNECTION WITH OR RELATING TO:

  • YOUR USE OF OUR WEBSITE;
  • ANY CORRUPTION OR LOSS OF DATA;
  • ANY INABILITY TO ACCESS OUR WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY INTERRUPTIONS, SUSPENSION OR WITHDRAWAL OF OUR WEBSITE (FOR ANY REASON WHATSOEVER); 
  • ANY USE YOU MAKE OF ANY CONTENT OR MATERIALS ON OUR WEBSITE, INCLUDING ANY RELIANCE YOU MAKE ON SUCH CONTENT OR MATERIAL;
  • ANY LOSS OF SAVINGS, PROFITS, SALES, BUSINESS OR REVENUE;
  • ANY LOSS OF REPUTATION OR GOODWILL;
  • ANY LOSS OF SAVINGS;
  • ANY LOSS OF A CHANCE OR OPPORTUNITY; OR
  • ANY OTHER SECONDARY, CONSEQUENTIAL OR INDIRECT LOSSES,

AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, WITHOUT LIMITATION, YOU ASSUME AND SHALL BE LIABLE FOR THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS, DAMAGE, COSTS, EXPENSES, LIABILITIES OR PENALTIES ARISING.

WE SHALL NOT BE LIABLE FOR ANY DAMAGE THAT YOU COULD HAVE AVOIDED BY FOLLOWING OUR ADVICE TO APPLY AN UPDATE OFFERED TO YOU FREE OF CHARGE OR FOR DAMAGE THAT WAS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR TO HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US.

You specifically agree that we shall not be liable for any content or the defamatory, offensive or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

YOU AGREE THAT IN THE EVENT THAT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES ARISING OUT OF, OR IN CONNECTION WITH, OUR ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY US, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY US.

To the extent that any of the provisions of this Section 15 are unenforceable as outright exclusions of liability, they shall be construed as limitations on liability, limiting our liability to you to the maximum extent permitted by law.

16. INDEMNIFICATION

You (and also any third party for or on behalf of whom you operate an Account or activity on the Website) agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and attorneys’ fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Website or those conducted on your behalf):

  • your uploads, access to or use of the Website; 
  • your breach or alleged breach of these Terms of Use;
  • your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right;
  • your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or
  • any misrepresentation made by you.

You will cooperate as fully required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not, in any event, settle any claim without our prior written consent.

17.  DISCLAIMERS

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO:

  • THE SERVICE;
  • THE WEBSITE CONTENT;
  • USER CONTENT; OR
  • SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO THE WEBSITE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, AND STATUTORY WARRANTIES AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

WE DO NOT REPRESENT OR WARRANT THAT THE WEBSITE OR CONTENT WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE WILL BE PROVIDED ON A TIMELY, RELIABLE OR SECURE BASIS, OR IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES, WORMS, OR OTHER HARMFUL OR MALICIOUS COMPONENTS. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE CONTENT (INCLUDING ANY INSTRUCTIONS) ON THE WEBSITE IS ACCURATE, COMPLETE OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT YOUR USE OF THE WEBSITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND WE SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.

BY ACCESSING OR USING THE WEBSITE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.

WE DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ACTION OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

NOTHING IN THESE TERMS OR YOUR USE OF THE WEBSITE ALTERS, MODIFIES, EXTENDS, GRANTS OR AMENDS ANY WARRANTIES THAT YOU MAY HAVE IN CONNECTION WITH YOUR PURCHASES OF PRODUCTS UNDER THE APPLICABLE TERMS OF SALE.

18. AGE RESTRICTIONS ON USE OF OUR WEBSITE

By using this site, you represent that you are at least the age of majority in your state of residence, or that you are the age of majority in your state of residence and you have given us your consent to allow any of your minor dependents to use this Website. Kylie Cosmetics and the Website do not knowingly collect information from children under age 18. If you are under age 13, you are not permitted to use the Website or to submit any personally identifiable information to the Website. If you provide information to us through the Website, you represent that you are 13 years of age or older. If you are between 13 and 17 years of age, when you visit, browse and use the information on the Website, you represent that you have the permission of a parent or guardian to do so and who agrees to these Terms of Use on your behalf; you may not submit any personal information. If you are a parent or guardian and believe we may have inadvertently collected personal information from your child, please notify Kylie Cosmetics immediately by sending an email to customerservice@kyliecosmetics.com.

19. SUSPENSION AND TERMINATION

We reserve the right to suspend or terminate access to or withdraw or modify all or part of the Website or your account for any reason without notice, including for business or operational reasons, such as improving the appearance or functionality of the Website, content updates, periodic maintenance, or to resolve any issues that we become aware of.  You may terminate your Account or your use of the Website at any time.

Termination will not limit any of our other rights or remedies. The sections titled Ownership of Material on our Website, Indemnification, Exclusions and Limitations of Liability, Disclaimers, Governing Law, and General and any other provision that is intended to survive termination shall survive termination of these Terms of Use or your access to the Website or Account.

We have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

20. NOTICES

We may give you all required notices (including legal process) by any lawful method, including by posting notices on the Website or by sending it to any email address that you provide to us. You agree to send us notices by email to customerservice@kyliecosmetics.com or by mailing them to the following address:

Coty DTC Holdings, LLC
350 5th Avenue, 19th Floor
New York, NY 10118-0110

21. GOVERNING LAW AND JURISDICTION

These Terms of Use, any documents they refer to, and any disputes arising from or in relation to them or any documents they refer to, whether contractual or non-contractual, shall be governed by and construed in accordance with United States law in the State of California, without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of California.

The state and federal court sitting in Los Angeles, California shall have exclusive jurisdiction over any claims or disputes arising from or in relation to these Terms of Use.

22. NOTICE TO CALIFORNIA RESIDENTS

BY USING THE WEBSITE, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

If the Website is at any time deemed an electronic commercial service (as defined under California Civil Code Section 1789.3), California residents are entitled to the following specific consumer rights information:

The provider of the Website is:

Provider:                     Coty DTC Holdings, LLC

Phone:                         833-545-9543 (833-54 KYLIE)

E-mail:                         customerservice@kyliecosmetics.com

Postal Address:           Coty DTC Holdings, LLC, 350 5th Avenue, 19th Floor, New York, NY 10118-0110.


If the Website is deemed as electronic commercial service, you may file a complaint regarding the Website or to receive further information regarding use of the Website by sending a letter to the attention of “Legal Department” at the above address.

23. GENERAL

If any provision of these Terms of Use is determined by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions of these Terms of Use will remain in full force and effect. You and Kylie Cosmetics intend that the provisions of these Terms of Use be enforced to the fullest extent permitted by applicable law. Accordingly, you and Kylie Cosmetics agree that if any provision is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion.  Section titles are only for convenience and have no legal or contractual significance. Any list of examples following "including" or "e.g.," is illustrative and not exhaustive, unless qualified by terms like "only" or "solely.  Kylie Cosmetics may assign these Terms of Use, in whole or in part, at any time, with or without notice to you. You may not assign, transfer, or sublicense your rights, if any, in your Account, to the Website, or under these Terms of Use. These Terms of Use (including any incorporated terms or policies) constitute the entire agreement between you and Kylie Cosmetics with respect to your Account and the Website. Both you and Kylie Cosmetics warrant to each other that, in entering these Terms of Use, neither Kylie Cosmetics nor you have relied on or will have any right or remedy based upon any statement, representation, warranty, or assurance other than those expressly stated in these Terms. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. No one other than you and Kylie Cosmetics, or Kylie Cosmetics’ successors and permitted assigns, will have any right to enforce any of these Terms of Use.

Terms of Use

TERMS AND CONDITIONS

Last updated: 15 July 2021

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.

CONTENTS

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 customerservice@kyliecosmetics.com.

4. YOUR REGISTRATION

4.1 You confirm that any personal data you provide when you register an account with us is true, accurate, current and complete in all respects; and that you will notify us immediately of any changes to the personal data by updating these details on your online account. We will only use your personal information as set out in our Privacy Policy.

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 If the products you ordered have already been collected for delivery from our warehouse we are unable to add or remove products from your order. For unwanted products, you’ll need to follow our returns procedure and if you would like to add products to an order, you would be required to place a new order.

6.2 If you need to change details of your delivery address, or cancel it completely, please contact our customer services team. Please be ready to quote your order number and order date.


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 customerservice@kyliecosmetics.com.

8. DELIVERY

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 customerservice@kyliecosmetics.com. 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). 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.

·       Refund

o   We will reimburse to you (by the method used to pay for the original transaction) the cost of the products and 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?

o   To exercise the right to cancel, you must inform us of your decision to cancel your contract by a clear statement to our customer services team by emailing customerservice@kyliecosmetics.com, including details of:

(a) your name
(b) your geographical address
(c) details of the order you wish to cancel
(d) your phone number and/or
(e) email address

o   If you wish to report a product as damaged, faulty or not as described please contact our customer services team at customerservice@kyliecosmetics.com.

 

 



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.

10.2 Your data is stored through Shopify’s data storage, databases and the general Shopify application. Your data will be stored on a secure server behind a firewall. For more information, please see our Privacy Policy. You should also read Shopify’s Privacy Statement (https://www.shopify.com/legal/privacy).

 

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. INDEMNITY

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

16.1 We will only use your personal information as set out in our Privacy Policy.

16.2 Please see our Cookie Policy to learn more about what cookies we use, their nature, purpose and related usage of your personal data.

16.3 We take all reasonable care, in so far as possible, to keep the details of your order and payment secure, but in the absence of negligence on our part, we will not be liable for any loss you may suffer if a third party procures unauthorised access to any personal information you provide when accessing or placing an order on our website. For more information on how we use and protect your personal information, please refer to our  Privacy & Cookie Policy.



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.  REVIEWS

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. SEVERANCE

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. AMENDMENT

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.