OVERVIEW
This website is operated by Makeupkitties. These General Conditions of Sale apply to all offers, quotations, order confirmations, orders, contracts, deliveries, and services between the Seller and the Buyer. No purchase conditions or other terms of the Buyer shall be applicable. No variation, addition, or deletion made to these General Conditions of Sale shall be deemed valid unless otherwise agreed in written and signed by a duly authorized representative of the Seller
By visiting this site and/or purchasing one of our products, you agree to our “Service” and agree to be bound by the following terms and conditions (“Terms of Sale”, “Terms of Sale and Use”, “Terms”), including the additional terms, conditions, and policies referred to herein and/or accessible by hyperlink. These Terms and Conditions of Sale and Use apply to all users of this site, including but not limited to users browsing the site, who are vendors, customers, merchants, and/or contributors of content.
Please read these Terms and Conditions of Sale and Use carefully before accessing or using our website. By accessing or using any part of this site, you agree to be bound by these Terms and Conditions of Sale and Use. If you do not agree to all of the terms and conditions of this Agreement, then you must not access the Website or use the services offered on it. If these General Terms and Conditions of Sale and Use are considered as an offer, acceptance is expressly limited to these General Terms and Conditions of Sale and Use.
All new features and tools that will be added to this store at a later date will also be subject to these Terms and Conditions of Sale and Use. You may consult the most current version of the General Terms and Conditions of Sale and Use at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions of Sale and Use by posting updates and/or changes on our website. It is your responsibility to check this page regularly to see if any changes have been made. Your continued use of or access to the Website following the posting of any changes constitutes your acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with an e-commerce platform that allows us to sell our products and services to you.
ARTICLE 1 – TERMS OF USE OF OUR ONLINE SHOP
By agreeing to these Terms and Conditions of Sale and Use, you represent that you have reached the age of majority in your country, state, or province of residence and that you have given us your consent to allow any minor dependents to use this website.
The use of our products for any unlawful or unauthorized purpose is prohibited, and you must not, in connection with your use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit worms, viruses, or any other code of a destructive nature.
Any breach or violation of these Terms and Conditions of Sale and Use will result in the immediate termination of your Services.
ARTICLE 2 – GENERAL CONDITIONS
We reserve the right to deny access to the Services to any person at any time, for any reason whatsoever.
You understand that your Content (excluding your credit card information) may be transferred in a non-encrypted manner, and this includes (a) transmissions over various networks, and (b) changes to conform and adapt to technical requirements for connecting networks or devices. Credit card information is always encrypted during transmission over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service or use of the Service, or any access to the Service or contact on the website, through which the Service is provided, without our express prior written permission.
The headings used in this agreement are included for your convenience, and will not limit or affect these Terms.
ARTICLE 3 – CHANGES TO SERVICE AND PRICES
Prices of our products are subject to change without notice.
We reserve the right to modify or discontinue the Service (and any part or content of the Service) at any time without notice and at any time.
We will not be liable to you or any other third party for any price change, suspension, or discontinuance of the Service.
ARTICLE 4 – PRODUCTS OR SERVICES (if applicable)
Some products or services may be exclusively available online on our website. These products or services may be available in limited quantities and may only be returned or exchanged in accordance with our Returns Policy.
We have done our best to display as clearly as possible the colors and images of the products that appear in our shop. We cannot guarantee that the color display on your computer screen will be accurate.
We reserve the right but are not obliged to do so, to limit sales of our products or services to any person, in any geographic region or jurisdiction. We could exercise that right on a case-by-case basis. We reserve the right to limit the quantities of any product or service we offer. All product descriptions and product prices are subject to change at any time without prior notice, at our sole discretion. We reserve the right to stop offering a product at any time. Any offer of services or products presented on this site is void where prohibited by law.
We do not warrant that the quality of any products, services, information, or other merchandise you have obtained or purchased will meet your expectations, nor that any errors in the Service will be corrected.
ARTICLE 5 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, reduce or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or from the same customer account, the same credit card, and/or orders using the same billing and/or shipping address. In the event that we change an order or cancel it, we may attempt to notify you by contacting you at the email and/or the billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole discretion, may appear to be from dealers, resellers, or distributors.
You agree to provide current, complete, and accurate order and account information for all orders placed in our store. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we may complete your transactions and contact you if necessary.
For more details, please see our Return Policy.
SECTION 6 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we have no control or influence.
You acknowledge and agree that we provide access to such tools on an “as is” and “as available” basis, without any warranties, representations, or conditions of any kind and without any endorsement. We will have no legal liability arising from or related to the use of these optional third-party tools.
If you use any of the optional tools offered on the Site, you do so at your own risk and discretion, and you should consult the terms and conditions under which such tools are offered by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features on our Site (including new tools and resources). These new features and services will also be subject to these Terms and Conditions.
SECTION 7 – THIRD-PARTY LINKS
Some content, products, and services available through our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not required to review or evaluate the content or accuracy of these sites, and we do not warrant or assume any responsibility for any content, website, products, services, or other items accessible on or from such third-party sites.
We are not responsible for any harm or damage related to the purchase or use of goods, services, resources, content, or any other transactions conducted in connection with these third-party websites. Please read the policies and practices of third parties carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding the products of these third parties should be submitted to these same third parties.
SECTION 8 – USER COMMENTS, SUGGESTIONS, AND OTHER SUBMISSIONS
If, at our request, you submit specific content (e.g., to enter contests), or if, without our request, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by e-mail, by mail, or otherwise (collectively, “Feedback”), you grant us the right, at any time, and without limitation, to edit, copy, publish, distribute, translate, and otherwise use in any media any Feedback you send to us. We are not and shall not be obligated to (1) maintain the confidentiality of any Comments; (2) pay compensation to anyone for any Comments provided; or (3) respond to any Comments.
We may, but are under no obligation to, monitor, edit or remove content that we believe, in our sole discretion, to be unlawful, offensive, threatening, abusive, defamatory, pornographic, obscene, or otherwise objectionable, or that infringes any intellectual property or these Terms and Conditions.
You agree to write comments that do not violate the rights of third parties, including copyrights, trademarks, privacy, personality, or other personal or proprietary rights. You also agree that your comments will not contain any unlawful, libelous, defamatory, offensive, or obscene material, nor will they contain computer viruses or other malicious software that could in any way affect the operation of the Service or any associated website. You may not use a false email address, pretend to be someone you are not, or attempt to mislead us and/or third parties as to the origin of your comments. You are solely responsible for all comments you post and their accuracy. We take no responsibility and assume no liability for any comments you post or any other third-party posts.
SECTION 9 – PERSONAL INFORMATION
The submission of your personal information to our store is governed by our Privacy Policy. Click here to view our Privacy Policy.
SECTION 10 – ERRORS, INACCURACIES, AND OMISSIONS
From time to time, there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, prices, promotions, offers, product shipping costs, delivery times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders, if any information on the Service or any associated website is inaccurate, at any time without notice (including after you have placed your order).
We are under no obligation to update, modify or clarify any information on the Service or any associated website, including but not limited to pricing information, except as required by law. No defined update or refresh date in the Service or any associated website should be taken as a basis for concluding that the information in the Service or any associated website has been changed or updated.
SECTION 11 – PROHIBITED USES
In addition to the prohibitions set forth in the Terms and Conditions of Use, you are prohibited from using the Site or its contents (a) for illegal purposes; (b) to induce others to perform or participate in illegal acts; (c) to violate any regional ordinance or any international, federal, provincial or state law, rule or regulation; (d) to infringe or violate our intellectual property rights or those of third parties; (e) harass, abuse, insult, hurt, defame, slander, libel, disparage, intimidate or discriminate against anyone based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) submit false or misleading information (g) to upload or transmit viruses or any other type of malicious code that will or may be used to compromise the functionality or operation of the Service or any associated, unrelated website or the Internet; (h) to collect or track the personal information of others (i) to spam, phish, hijack, extort information, browse, explore or scan the web (or any other resource); (j) for obscene or immoral purposes; or (k) to interfere with or circumvent security measures of our Service, any other website, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating the prohibited uses.
SECTION 12 – DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
We do not warrant or represent that your use of our Service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained through the use of the Service will be accurate or reliable.
You agree that from time to time we may discontinue the Service for indefinite periods of time or cancel the Service at any time without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services provided to you through the Service are (unless otherwise expressly stated by us) provided on an “as is” and “as available” basis for your use without representation, warranty, or condition of any kind, either express or implied, including all implied warranties of merchantability or fitness for a particular purpose, durability, title, and non-infringement.
In no event shall our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, and licensors be liable for any injury, loss, claim, or direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, but not limited to, loss of profits, revenue, savings, data, replacement costs, or similar damages, whether in contract, tort (even negligence), in contract, tort (including negligence), strict liability or otherwise, arising out of your use of any service or product from the Service, or for any other claim relating in any way to your use of the Service or any product, including but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available through the Service, even if you have been advised of the possibility of their occurrence. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability will be limited to the maximum extent permitted by law.
SECTION 13 – INDEMNIFICATION
The issuer agrees to indemnify and hold harmless Distributors and each of its directors and officers and each person, if any, who controls Distributors within the meaning of Section 15 of the 1933 Act against any loss, liability, claim, damages, or expense (including the reasonable cost of investigating or defending any alleged loss, liability, claim, damages, or expense and reasonable counsel fees incurred in connection therewith) arising by reason of any person acquiring any shares, based upon the ground that the registration statement, Prospectus, Statement of Additional Information, shareholder reports or other information filed or made public by the Issuer (as from time to time amended) included an untrue statement of a material fact or omitted to state a material fact required to be stated or necessary in order to make the statements not misleading under the 1933 Act, or any other statute or the common law. However, the Issuer does not agree to indemnify the Distributors or hold it harmless to the extent that the statement or omission was made in reliance upon, and in conformity with, the information furnished to the Issuer by or on behalf of the Distributors. In no case (i) is the indemnity of the Issuer in favor of Distributors or any person indemnified to be deemed to protect Distributors or any person against any liability to the Issuer or its security holders to which Distributors or such person would otherwise be subject by reason of wilful misfeasance, bad faith or gross negligence in the performance of its duties or by reason of its reckless disregard of its obligations and duties under this Agreement, or (ii) is the Issuer to be liable under its indemnity agreement contained in this paragraph with respect to any claim made against Distributors or any person indemnified unless Distributors or person, as the case may be, shall have notified the Issuer in writing of the claim within a reasonable time after the summons or other first written notification giving information of the nature of the claim shall have been served upon Distributors or any such person (or after Distributors or such person shall have received notice of service on any designated agent). However, failure to notify the Issuer of any claim shall not relieve the Issuer from any liability which it may have to Distributors or any person against whom such action is brought otherwise than on account of its indemnity agreement contained in this paragraph.
SECTION 14 – SEVERABILITY
In the event that any provision of these Terms and Conditions of Sale and Use is held to be unlawful, void, or unenforceable, such provision shall nonetheless be enforced to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms and Conditions of Sale and Use, such severance not to affect the validity and enforceability of any remaining provisions.
ARTICLE 15 – TERMINATION
The obligations and liabilities incurred by the parties prior to the date of termination shall survive the termination of this Agreement for all purposes.
These Terms and Conditions are effective unless and until terminated by either you or not. You may terminate these Terms and Conditions of Sale and Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If we determine, in our sole discretion, that you are unsuccessful, or if we suspect that you have been unable to comply with the terms of these Terms of Sale and Use, we may also terminate this agreement at any time without notice to you and you will remain liable for all amounts owing up to (and including) the date of termination, and/or we may deny you access to our Services (or any portion thereof).
SECTION 16 – ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms of Service or any other operating policies or rules posted by us on this site or in connection with the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, and supersede all prior and contemporaneous communications, proposals and agreements, oral or written, between you and us (including, but not limited to, any prior version of the Terms of Service).
Any ambiguity in the interpretation of these Terms of Sale and Use shall not be construed to the detriment of the drafting party.
ARTICLE 17 – APPLICABLE LAW
These Terms and Conditions and any separate agreements through which we provide you Services shall be governed by and construed in accordance with the laws in force in the UK.
SECTION 18 – CHANGES TO THE TERMS AND CONDITIONS OF SALE AND USE
You may review the most current version of the Terms and Conditions of Sale and Use at any time on this page.
We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms and Conditions of Sale and Use by posting updates and changes on our site. It is your responsibility to visit our site regularly to check for changes. Your continued use of or access to our site following the posting of any changes to these Terms and Conditions of Sale and Use constitutes acceptance of those changes.
SECTION 19 – CONTACT INFORMATION
Questions regarding the Terms of Sale and Use should be sent by email to support@makeupkitties.com