OVERVIEW

This website is operated by KossMetica. On this website, the terms “we”, “us” and “our” refer to KossMetica. KossMetica provides this website, including all the information, tools and services available on it, to you, the user, subject to your acceptance of all the terms, conditions, policies and notices set out here.

By visiting this website and/or purchasing one of our products, you are engaging with our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions of Sale”, “Terms and Conditions of Sale and Use”, “Terms”), including any additional terms, conditions and policies referred to herein and/or accessible via hyperlink. These General Terms and Conditions of Sale and Use apply to all users of this website, including but not limited to users who browse the website, sellers, customers, merchants and/or content contributors.

Please read these General Terms and Conditions of Sale and Use carefully before accessing or using our website. By accessing or using any part of this website, you agree to be bound by these General Terms and Conditions of Sale and Use. If you do not agree to all the terms and conditions of this agreement, you must not access the website or use the services offered on it. If these General Terms and Conditions of Sale and Use are deemed to constitute an offer, acceptance is expressly limited to these General Terms and Conditions of Sale and Use.

Any new features and tools added to this shop at a later date will also be subject to these Terms and Conditions of Sale and Use. You can view the most recent version of the 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 General Terms and Conditions of Sale and Use by publishing the 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 publication of any changes constitutes your acceptance of those changes.

Our shop is hosted by Shopify Inc. They provide us with the e-commerce platform that enables us to sell our products and services to you.

ARTICLE 1 – TERMS OF USE FOR OUR ONLINE SHOP

By accepting these General Terms and Conditions of Sale and Use, you declare 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 in your care to use this website.

The use of our products for any illegal or unauthorised purpose is prohibited, and you must not, in connection with your use of the Service, breach the laws of your jurisdiction (including but not limited to copyright laws).

You must not transmit worms, viruses or any other destructive code.

Any breach or violation of these General Terms and Conditions of Sale and Use will result in the immediate termination of your Services.

ARTICLE 2 – GENERAL TERMS AND CONDITIONS

We reserve the right to refuse access to the services to any person at any time, for any reason whatsoever.

You understand that your content (excluding your credit card details) may be transmitted in an unencrypted form, which may involve (a) transmission over various networks; and (b) modifications to comply with and adapt to the technical requirements for connecting networks or devices. Credit card details are always encrypted during transmission over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any part 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 authorisation.

The headings used in this agreement are included for your convenience and shall not limit or affect these Terms.

ARTICLE 3 – ACCURACY, COMPLETENESS AND CURRENCY OF INFORMATION

We accept no liability if the information available on this website is not accurate, complete or up to date. The content of this website is provided for information purposes only and should not be your sole source of information when making decisions, without first consulting more accurate, complete and up-to-date sources of information. If you decide to rely on the content presented on this website, you do so at your own risk.

This website may contain certain historical information. Such historical information, by its nature, is not current and is provided for information purposes only. We reserve the right to amend the content of this website at any time, but we are under no obligation to update the information on our website. You agree that it is your responsibility to monitor any changes made to our website.

ARTICLE 4 – CHANGES TO THE SERVICE AND PRICES

The prices of our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (including any part or content of the Service) without notice and at any time.

We shall not be liable to you or any third party for any price changes, suspension or discontinuation of the Service.

ARTICLE 5 – PRODUCTS OR SERVICES (where applicable)

Certain products or services may be available exclusively online via 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 made every effort to display as accurately as possible the colours and images of our products that appear in our online shop. We cannot guarantee that your computer screen’s colour display will be accurate.

We reserve the right, but are not obliged, to limit sales of our products or services to any person, and to any geographical region or jurisdiction. We may exercise this 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 prices are subject to change at any time without prior notice, at our sole discretion. We reserve the right to discontinue offering a product at any time. Any offer of a service or product made on this website is void where prohibited by law.

We do not guarantee that the quality of any products, services, information or other goods you have obtained or purchased will meet your expectations, nor that any errors in the Service will be corrected.

ARTICLE 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. Such restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or delivery address. Should we amend an order or cancel it, we may attempt to notify you by contacting you at the email address and/or billing address and/or telephone number provided at the time the order was placed. We reserve the right to limit or prohibit orders which, in our sole discretion, appear to originate from traders, resellers or distributors.

You agree to provide up-to-date, complete and accurate order and account information for all orders placed via our shop. You undertake to update your account and other details promptly, including your email address, credit card numbers and expiry dates, so that we can complete your transactions and contact you if necessary.

For further details, please see our Returns Policy.

ARTICLE 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we have no oversight, control or influence.

You acknowledge and agree that we provide access to such tools ‘as is’ and ‘as available’, without any warranty, representation or condition of any kind and without any endorsement. We shall have no liability arising from or in connection with the use of these optional third-party tools.

If you use the optional tools offered on the website, you do so at your own risk and discretion, and you should consult the terms and conditions under which these tools are provided by the relevant third-party provider(s).

We may also, in the future, introduce new services and/or features on our website (including new tools and resources). These new features and services will also be subject to these General Terms and Conditions of Sale and Use.

ARTICLE 8 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include material from third parties.

Links from third parties on this site may direct you to third-party websites that are not affiliated with us. We are under no obligation to review or assess the content or accuracy of such sites, and we do not guarantee and accept no liability for any content, website, product, service or other material accessible on or via these third-party sites.

We are not liable for any loss or damage arising from the purchase or use of goods, services, resources, content, or any other transaction carried out in connection with these third-party websites. Please read the policies and practices of these third parties carefully and ensure you fully understand them before entering into any transaction. Any complaints, claims, concerns or queries regarding these third-party products must be directed to those third parties.

ARTICLE 9 – COMMENTS, SUGGESTIONS AND OTHER PROPOSALS FROM USERS

If, at our request, you submit specific content (for example, to take part in competitions), or if, without our request, you send us creative ideas, suggestions, proposals, plans or other material, whether online, by email, by post or otherwise (collectively, “comments”), you grant us the right, at any time and without restriction, to edit, copy, publish, distribute, translate and otherwise use, in any medium, any comments you send to us. We are not, and shall not be, obliged (1) to maintain the confidentiality of comments; (2) to pay compensation to anyone for any comments provided; (3) to respond to comments.

We may, but are under no obligation to, monitor, modify or remove content that we deem, in our sole discretion, to be unlawful, offensive, threatening, abusive, defamatory, pornographic, obscene or otherwise objectionable, or which infringes any intellectual property rights or these General Terms and Conditions of Sale and Use.

You agree to post comments that do not infringe the rights of third parties, including copyright, trade marks, privacy, personality rights or other personal or proprietary rights. You also agree that your comments will not contain any illegal, defamatory, offensive or obscene content, nor will they contain any computer viruses or other malware that could in any way affect the operation of the Service or any other associated website. You must 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 entirely responsible for all comments you post and for their accuracy. We accept no responsibility and make no representations regarding any comments posted by you or any other third party.

ARTICLE 10 – PERSONAL DATA

The submission of your personal data via our online shop is governed by our Privacy Policy. Click here to view our Privacy Policy.

ARTICLE 11 – ERRORS, INACCURACIES AND OMISSIONS

From time to time, information on our website or within the Service may contain typographical errors, inaccuracies or omissions relating to product descriptions, prices, promotions, offers, product delivery charges, 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 in the Service or on any other associated website is inaccurate, at any time and without prior notice (including after you have placed your order).

We are under no obligation to update, amend or clarify any information within the Service or on any other associated website, including but not limited to pricing information, unless required by law. No specific date for updates or revisions to the Service or any other associated website should be taken as an indication that the information in the Service or on any other associated website has been amended or updated.

ARTICLE 12 – PROHIBITED USES

In addition to the prohibitions set out in the General Terms and Conditions of Sale and Use, you are prohibited from using the website or its content: (a) for unlawful purposes; (b) to incite third parties to commit or take part in unlawful acts; (c) to contravene 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) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate against anyone on the grounds of gender, sexual orientation, religion, ethnic origin, race, age, national origin or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in such a way as to compromise the functionality or operation of the Service or any other associated or independent website, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, hijack a domain, extort information, or crawl, explore or scan the web (or any other resource); (j) for obscene or immoral purposes; or (k) to breach or circumvent the 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 breaching the prohibited uses.

ARTICLE 13 – DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

We do not guarantee or represent in any way that your use of our Service will be uninterrupted, fast, secure or error-free.

We do not guarantee 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 suspend the Service for indefinite periods or discontinue the Service at any time, without prior notice to you.

You expressly agree that your use of the Service, or your inability to use it, is at your sole risk. The Service and all products and services provided to you via the Service are (unless we expressly state otherwise) provided ‘as is’ and ‘as available’ for your use, without any representations, warranties or conditions of any kind, whether express or implied, including all implied warranties of merchantability, fitness for a particular purpose, durability, title and non-infringement.

KossMetica, our directors, officers, employees, affiliates, agents, contractors, trainees, suppliers, service providers and licensors shall under no circumstances be held liable for any injury, loss, claim, or direct, indirect, incidental, punitive, special or consequential damages of any kind whatsoever, including but not limited to loss of profits, revenue, savings, data, replacement costs or any similar damages, whether arising in contract, tort (including negligence), strict liability or otherwise, resulting from your use of any service or product obtained through this Service, or in respect of any other claim relating in any way to your use of the Service or any product, including but not limited to any error or omission in any content, or any loss or damage of any kind arising from the use of the Service or any content (or product) published, transmitted or otherwise made available via the Service, even if you have been advised of the possibility of such loss or damage. As some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the fullest extent permitted by law.

ARTICLE 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless KossMetica, our parent company, our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, trainees and employees, in respect of any claim or demand, including reasonable legal fees, made by any third party arising out of or in connection with your breach of these General Terms and Conditions of Sale and Use or the documents to which they refer, or your breach of any law or the rights of a third party.

ARTICLE 15 – SEVERABILITY

In the event that any provision of these General Terms and Conditions of Sale and Use is deemed to be unlawful, void or unenforceable, that provision shall nevertheless be enforced to the fullest extent permitted by law, and the unenforceable part shall be deemed severed from these General Terms and Conditions of Sale and Use, such severance shall not affect the validity and enforceability of all remaining provisions.

ARTICLE 16 – TERMINATION

The obligations and liabilities incurred by the parties prior to the date of termination shall remain in force after the termination of this agreement for all purposes.

These General Terms and Conditions of Sale and Use shall remain in force unless and until they are terminated by either you or us. You may terminate these General 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 to use our website.

If we determine, at our sole discretion, that you have failed, or if we suspect that you have been unable to comply with the terms of these General Terms and Conditions of Sale and Use, we may also terminate this agreement at any time without prior notice to you, and you will remain liable for all amounts due up to and including the date of termination, and/or we may deny you access to our Services (or any part thereof).

ARTICLE 17 – ENTIRE AGREEMENT

Any failure on our part to exercise or enforce any right or provision of these General Terms and Conditions of Sale and Use shall not constitute a waiver of that right or provision.

These General Terms and Conditions of Sale and Use, or any other policy or operating rule that we publish on this website or in relation to the Service, constitute the entire agreement between you and us and govern your use of the Service, and supersede all communications, proposals and agreements, whether past or present, oral or written, between you and us (including, but not limited to, any previous version of the General Terms and Conditions of Sale and Use).

Any ambiguity regarding the interpretation of these General Terms and Conditions of Sale and Use shall not be construed against the drafting party.

ARTICLE 18 – GOVERNING LAW

These General Terms and Conditions of Sale and Use, as well as any other separate agreement under which we provide you with Services, shall be governed by and construed in accordance with the laws in force at 1 Rue d'Amiens – 13003 Marseille – France

ARTICLE 19 – AMENDMENTS TO THE GENERAL TERMS AND CONDITIONS OF SALE AND USE

You may view the most recent version of the General Terms and Conditions of Sale and Use at any time on this page.

We reserve the right, at our sole discretion, to update, amend or replace any part of these General Terms and Conditions of Sale and Use by publishing the updates and changes on our website. It is your responsibility to visit our website regularly to check whether any changes have been made. Your continued use of or access to our website following the publication of any changes to these Terms and Conditions of Sale and Use constitutes your acceptance of those changes.

ARTICLE 20 – CONTACT DETAILS

Any enquiries regarding the General Terms and Conditions of Sale and Use should be sent to us by clicking HERE.