Effective date: July 15, 2021
PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE ORDERING PRODUCTS ONLINE FROM WWW.KYLIECOSMETICS.COM/EN-US. PLEASE NOTE THAT THESE TERMS OF SALE INCLUDE THE ADDITIONAL TERMS INCORPORATED HEREIN BY REFERENCE. If you think that there is a mistake in these terms, please contact us.
These Terms of Sale govern how we supply products to you, our lovely customer. These Terms of Sale create a legally binding agreement between you and 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”) regarding orders placed for products available on www.kyliecosmetics.com/en-us and its online store hosted by Shopify Inc.
1. TERMS AND DEFINITIONS
1.1 By 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 place an order.
1.2 IMPORTANT NOTE: Your attention is particularly drawn to Section 9 (RIGHT TO CANCEL; NO RETURNS; REFUNDS), Section 12 (PRICE AND PAYMENT), and Section 14 (DISCLAIMER AND LIMITATION OF LIABILITY). These provisions limit our liability to you and affect how disputes are resolved.
2. WHO ARE WE?
2.1 We are Coty DTC Holdings, LLC, a Delaware limited liability company, located at 350 5th Avenue, 19th Floor, New York, NY 10118-0110.
3. HOW TO CONTACT US?
You can contact us by emailing our friendly customer service team by writing to us at firstname.lastname@example.org.
4. YOUR INFORMATION
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 authorized 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 ‘pay now’ 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 dispatch of your products ordered.
5.5 If we are unable to accept your order, we will inform you of this via email 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 authorize your payment or your billing information is not verifiable;
(c) because of unexpected limits on our resources which we could not reasonably plan for;
(d) an error in the price or description of the product;
(e) in our sole discretion, the order appears to be placed by dealers, resellers or distributors or otherwise appears fraudulent;
(f) your order is flagged by our security systems as an unusual order or an order susceptible to fraud;
(g) we could not deliver to the address provided by you; or
(h) due to an event outside of our control (see below).
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 transaction will be concluded in English.
5.8 The website is intended solely for Kylie Cosmetics to sell Kylie Cosmetics products direct to end consumers, and therefore purchase of products for resale is strictly prohibited. Purchase for resale means the purchase of a Kylie Cosmetics product by someone who resells, or intends to resell, the Kylie Cosmetics product to others (consumers, businesses or any third party). If Kylie Cosmetics believes you are involved in purchase for resale, Kylie Cosmetics reserves the right to take any action against you, including, without limitation, to restrict sales to you, cancel your orders, and/or suspend or close your account.
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 email@example.com.
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 and we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
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 color.
7.4 If you have any questions or complaints about any product, please contact our customer service team at firstname.lastname@example.org.
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 Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. If we are unable to ship products within the time specified or thirty (30) days of a properly completed order, we may request your consent to a delay in shipping. Absent this consent, we will cancel your order and provide a refund, including shipping fees, within seven (7) working days.
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 You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order. The costs of delivery will be as displayed to you on our website before you finalize your order, please check these carefully, you consent to this charge when you submit your order.
8.5 When your product is shipped from our warehouse we will send you a dispatch confirmation email. Please note that products may arrive in separate parcels and may require a signature. The estimated delivery time will be confirmed to you in your dispatch confirmation email. If we do not meet this delivery time, you are entitled to cancel your order by emailing us at email@example.com. We may contact you to offer an alternative solution to reimbursement and re-delivery of your products. In the absence of your consent for an alternative, we will refund all amounts paid, including shipping fees, within fourteen (14) working days after the date on which your order is terminated for non-delivery.
8.6 A product will be your responsibility from the time we deliver the product to the address you gave us. The risk of loss and title for products purchased pass to you upon delivery.
9. RIGHT TO CANCEL; No Returns; Refunds
9.1 All sales are final, non-cancellable and non-refundable, except as specified under Section 6, Section 8 and Section 9.2. We do not accept returns of products.
9.2 You are entitled to a refund in the event that the product arrives damaged. This does not affect your statutory rights. In the event your claim is justified, the purchase price and the shipping costs will be refunded. To request a refund, customer service team by writing to us at firstname.lastname@example.org within forty-eight (48) hours of delivery. We may request photos of the product and a copy of your confirmation email.
9.3 Any refunds will be issued based on the original form of payment. If you paid via bank transfer you need to give this information to our customer service staff when you initiate the return so that we can refund the money directly to your account.
9.4 For any requests for refund, you must contact our customer service team customer service team by writing to us at email@example.com including details of:
(a) your name;
(b) your geographical address;
(c) the order number and reason for request;
(d) your phone number; and
(e) email address.
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 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 U.S. Dollars and are valid and effective only in the United States. Product prices shown on the website may change from time to time. Such prices do not include shipping and handling costs and do not include sales taxes where applicable. You are responsible for any state and local sales or use taxes that may apply to your order, which will be added to your total invoice price during the checkout process.
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. These charges and exchange rates applied are beyond our control.
12.4 Local import duties and additional charge may be payable by you on receipt depending on the location of delivery. You are responsible for any import duties and clearance fees (where applicable) in your country and to check the duties and clearance fees with your local authorities.
12.6 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.
12.7 Full payment is due upon order placement and you will be charged when you press the 'Pay Now’ button at the end of the checkout process.
12.8 By placing your order and making an offer to buy a product, you authorize 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.
12.9 You represent and warrant that (i) the credit card information you supply is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the website at the time of your order.
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. DISCLAIMER AND LIMITATION OF LIABILITY
14.1 ALL PRODUCTS OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
14.2 IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
14.3 OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS YOU HAVE ORDERED THROUGH OUR SITE.
14.4 The limitation of liability set forth above shall: (i) only apply to the extent permitted by law and (ii) shall not apply to (A) liability resulting from our gross negligence or willful misconduct and (B) death or bodily injury resulting from our acts or omissions.
15. DELAY AND EVENTS BEYOND OUR CONTROL
15.1 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. Nothing in this Section 15 limits your statutory rights or rights under Section 8.2.
16. AGE RESTRICTIONS
16.1 By placing an order for a product, you represent that you are at least the age of majority in your country, state or province of residence.
17.1 If any part of the Terms of Sale 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.
18.1 No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
19. ENtiRE AGREEMENT
19.1 These Terms of Sale (including any incorporated terms or policies) constitute the entire agreement between you and Kylie Cosmetics with respect to your transaction for the purchase of products.
20. LAW AND JURISDICTION
20.1 These Terms of Sale, 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 Sale.
21. THIRD PARTIES
21.1 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.
22.1 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.
23.1 We may provide any notice to you under these Terms of Sale by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
23.2 Other than as specifically provided in these Terms, to give us notice under these Terms of Sale, you must contact us as follows: by personal delivery, overnight courier, or registered or certified mail to Coty DTC Holdings, LLC, a Delaware limited liability company, located at 350 5th Avenue, 19th Floor, New York, NY 10118-0110. We may update the address for notices to us by posting a notice on the site. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.