Terms and Conditions
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You must be over 16 to register for a personal account, subscribe to The Beauty Kit emails and/or place an order with TheBeautyKit.com
This site is owned and operated by The Beauty Bag Limited trading as The Beauty Kit whose business address is 38-39 Fitzwilliam Square, Dublin 2 and whose company number is 629359. These Terms and Conditions are the Terms which apply when you access the website https://thebeautykit.com/ or place orders to purchase any of the products made available to you on the Website.
By accessing this Website or when you place orders to purchase any of the products on the Website you agree to be bound by these Terms.
By using this website and/or placing an order you are agreeing to all of these Terms and Conditions.
2. Use of the Website
By accepting the Terms, you confirm that all information and details provided by you to us (including on registration) are true, accurate and up to date in all respects and at all times. You acknowledge that you are solely responsible for all activities under your login and all communications sent via or to this website and agree that your use of this website is for private, proper lawful purposes only. You will not carry out any act or omission or procure any act or omission which would damage, delay, interrupt or impair the use of this website or its software. Cause any illegal, offensive, defamatory material to be placed on or associated with this website. Be in breach of any copyright, trade mark, privacy, confidence, or any other third party right, or cause any inconvenience to The Beauty Kit, its employees, agents, software and other suppliers or any other third party (including, without limitation, creating or procuring software viruses, chain letters, unsolicited communications and 'spam').
You agree to abide by all applicable local, state and national laws and regulations. In the event that The Beauty Kit, in its sole discretion, considers that you are making any illegal and/or unauthorised use of the Website, and/or your use of the Website is in breach of these Terms, we reserve the right to take any action that we deem necessary, including terminating without notice your use of the Website and, in the case of illegal use, instigating legal proceedings.
4. Suspension and termination of Service
The Beauty Kit may suspend the operation of the Site for repair or maintenance work or in order to update or upgrade the contents or functionality of the Site from time to time and shall not be liable to you for any such suspension.
You agree to indemnify and hold us and our affiliates and agents and their respective officers, directors and employees harmless from any claim or demand, including legal fees, made by any third party due to or arising from your use of this website, breach of this agreement or your violation of any laws or rights of a third party.
6. Intellectual Property Rights
Subject to these terms, The Beauty Kit grant a non-exclusive, non-transferable, limited right to access and use this website and the materials displayed thereon. However, no right, title or interest in any such materials will be granted or transferred to you as a result of any permitted use of such materials.
All materials incorporated in or accessible through this website, including but not limited to text, photographs, images, graphics, illustrations, logos, button icons, audio clips, video clips, software and other content, and the compilation, collection, arrangement and assembly thereof (including the look and feel of the site), remains the property of The Beauty Kit, or it's licensors and as such are protected by Irish and international copyright laws. All such rights are reserved. Such materials may be used only for using this website in the ordinary course.
For example you may store, print and display the content supplied solely for your own personal use. You may re-copy, extract or forward pages from this website to a third party for their personal use only. Any other use of such materials, including copying, reproduction, republication, editing, sale, transmitting, uploading or incorporating into any other materials, any of the website, without prior written permission is strictly prohibited.
7. Submission of Material, Product Reviews, Community Areas
If, at our request or otherwise, you send certain specific submissions (for example competition/prize draw entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. If you do not wish to grant us the permission set out above, please do not submit or share your contributions.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these terms and conditions. We take no responsibility and assume no liability for any comments posted by you or any third-party.
We advise you never reveal personal information about yourself or anyone else (telephone number, home address, business address, delivery address, or email address or any other details) that would allow you or others to be personally known.
8. Pricing, Description and Product Information
All products displayed on this website are available only whilst stocks last. All photos, descriptive matter specifications, and advertising issued on this website and any descriptions photos or illustrations are issued or published for the sole purpose of giving an approximate idea of the products described in them. We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
They will not form part of the contract with you and no warranty or guarantee shall be expressed or implied in the contract with you.
All prices for products are as quoted on the website except in the case of an obvious error. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it.
All prices are inclusive of VAT and are subject to change. All sale prices quoted are valid only while stock lasts. Delivery costs will be added to the total amount at checkout.
9. Purchasing Products
The Beauty Kit presents these products and services as an invitation for sale and reserves the right to refuse sales without giving any reason. By placing an order, you are offering to purchase a product on and subject to these terms and conditions.
All orders are subject to availability and confirmation of the order price. If in the unlikely event of an item forming part of your order is out of stock, we will inform you of this by email and indicate when the item will be back in stock. You will also be given the opportunity to cancel that part of the order. Where part of your order is out of stock we may send the rest of your order to you and send the remainder of your order at a later date. You will not be charged any additional postage costs for the out of stock items. Unfortunately, at this time, we do not accept changes to orders after they have been placed. Therefore, please be sure that your order is correct before confirming your order.
Once you've placed an order on TheBeautyKit.com, we will send you an email to acknowledge your order. This acknowledgment does not imply an acceptance of the order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
For orders paid via credit or debit cards, your card will be debited once the order has been placed.
In order to purchase from this website, you must be aged 16 years or more and possess a valid credit/debit card issued by a bank acceptable to us. Your order will only be processed if your credit card billing address and card security code can be verified by our credit card payment acquisition company. If your order is accepted we will inform you through email. When placing an order you undertake that all the details provided by you to us are true and accurate, that you are an authorised user of the credit or debit card used to place the order and that there are sufficient funds to cover the costs of the goods.
10. Discount Codes
Discount codes may be offered from time to time to account holders. These codes may only be used on purchases made through the account which the code was offered. Gift cards are excluded from discount codes.
11. Gift Cards
Gift cards can be purchased and will be emailed to the email address given at time of order. A unique discount code will be given for every gift card. We cannot accept any responsibility for stolen or deleted gift cards. Please ensure the email address you supply for delivery of electronic gift cards is correct. We cannot be held responsible if a gift card is used by a person other than your recipient. We also cannot take responsibility if a gift card cannot be delivered to a recipient’s address because of spam filters, firewalls, the capacity of the recipient's mailbox or any other factors outside of our control. Gift cards are excluded from site-wide discount codes.
Prices are quoted exclusive of postage and packing, which will be charged at the rates specified in the Delivery page. We endeavour to dispatch your order on the day of receipt of the same, provided your order is received before 12noon. If your order is received after this time or is received over the weekend or on a bank or public holiday, then it will be dispatched the next business day. Where there is a delay or likelihood of delay in the supply of products, we will advise you as soon as is practical.
In most cases, your delivery may require a signature. Please ensure that you will be available to sign for the delivery at the delivery address you specify.
Where a delivery partner fails to make a delivery to you, either because you were not available at the address provided when delivery was attempted and you did not collect the order within the time frame set out by the delivery partner or because the address you provided is incorrect or does not exist, and as a result your order is returned, we will make a charge to you for the costs we incur in sending the item to you and in paying for its return. We will issue you with a refund upon receipt of the parcel for the amount remaining after the deduction of these charges. We regret that we cannot be held responsible for a delay in the parcel being returned to us or if the courier failed to notify you of an attempted delivery. In these cases, please contact the delivery company directly.
If, for any reason, you wish to do so, you have the right to cancel any order you have placed within the seven-day cooling off period. Where the goods have been delivered to you, you may cancel them up to 7 working days, starting from the day after the goods were received, in line with the European Communities (Protection of Consumers in Respect of Contracts Made by Means of Distance Communication) Regulations 2001.
You can cancel your order within the seven-day period by emailing firstname.lastname@example.org and providing a brief explanation as to the reason for the return and quoting your invoice number. We will process the refund due to you as soon as possible, and always within 28 days of the day you have given notice of your cancellation. We will issue you with a full refund however you will need to return the entire order at your cost if you have already received them. In all cases the goods must be in their original condition and will be inspected on their return. If we do not receive the cancelled order back, we may arrange to have them collected at your cost. The cost of sending the item to you will be refunded, however, if only part of your order is cancelled, the delivery charge will not be refunded.
We hope that you will be pleased with your purchase. However, should you wish to return anything bought from us, we will happily refund any unwanted goods returned within 28 days from date of purchase. All unwanted goods must be returned in an unused, as new condition with the original packaging and any free samples/free gifts received along with a completed returns form. If not, we will make a discretionary deduction to cover our cost for these items. We will refund the monetary value of the goods returned to us, at the price you purchased them less the true cost to us for shipping the item to you. Please note it is the customer's responsibility to ensure the goods are returned safely to us.
In the unlikely event that your product is faulty upon arrival we will happily refund your item when it is returned to us within 28 days from the date of purchase. Please contact us within 7 days of receipt of the product and we will be able to assist you. We will offer you a refund or exchange within 14 days of receiving the returned item/s. We will refund the monetary value of the goods returned to us, at the price you purchased them including the delivery charges for sending the item to you.
We will refund back to the original method of payment charged only (e.g. credit card, debit card, gift voucher).
In some cases we can also accept returns of beauty products where you have experienced irritation or allergic reaction. If this occurs, please contact us so that we can determine the nature of the problem. Allergy returns must not be more than 20% used. For returns of this type, we will need to pass your name and contact details on to the relevant manufacturer, so that they can contact you regarding quality control if necessary.
It is not possible to return any products that are on final or are reduced to clear after the seven-day cooling off period for refund or exchange unless the products are faulty or damaged.
Please read our policy on Returns for more information on our returns procedure.
15. Limitation of Liability
You understand and agree that (to the fullest extent permitted by law) we and our affiliates shall not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or any other damages whatsoever, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), arising out of, or resulting from;
- The use or the inability to use the website;
- The use of any content or other material on the site or any website or websites linked to the site;
- The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received, or transactions entered into through or from this website;
- Unauthorised access to or alteration of your transmissions or data;
- Statements or conduct of any third party on this website; or
- Any other matter relating to this website.
In no event shall The Beauty Kit's total liability to you for all damages, losses, and causes of action (whether in contract, tort including, but not limited to negligence) exceed the amount paid by you to The Beauty Kit, if any, for accessing this website or in making a purchase thereon. If you are dissatisfied with any portion of this website, or with any of these terms & conditions, your sole and exclusive remedy is the discontinuation of your use of this website.
The Beauty Kit is not responsible for any injury and or damage to any individual as a result either directly or indirectly of any information published on this website. Where the Website or any Submission made by any user includes views, opinions, advice and recommendations, these views, opinions, advice and recommendations are not endorsed by The Beauty Kit and, to the maximum extent permitted by law, The Beauty Kit shall not be liable on account of the accuracy, defamatory nature, completeness, timeliness or otherwise of such views, opinions, advice and recommendations. The information provided by The Beauty Kit is intended as information only and does not constitute advice. The accuracy of the information is not guaranteed and is subject to change and therefore The Beauty Kit cannot accept responsibility for any loss damage or expense incurred upon using the information.
16. Disclaimers of Warranties
This site is provided by The Beauty Kit on an "as is" basis. To the fullest extent permitted by applicable law, The Beauty Kit disclaims all warranties, express or implied, including, without limitation, implied warranties of merchantability, and fitness for a particular purpose, compatibility, security, accuracy or infringement.
Neither The Beauty Kit, any of our affiliates, nor any of our or their respective licensors, licensees, service providers or suppliers warrant that the site or any function contained in the site will be uninterrupted or error-free, that defects will be corrected, or that the site or the servers that make the site available are free of viruses or other harmful components.
The Beauty Kit does not warrant or make any representations regarding the use or the results of the use of the materials incorporated in the site or any third-party site accessed through the site in terms of their correctness, accuracy, timeliness, reliability, or otherwise and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such product, offering, content or material.
Although this site is accessible worldwide, not all products or services discussed or referenced herein are available to all persons or in all geographic locations. The Beauty Kit reserves the right to limit, in its sole discretion, the provision and quantity of any product or service to any person or geographic area it so desires. Any offer for any product or service made in or through this site is void where prohibited.
Further, please note that no advice or information, obtained by you from our personnel or through this website shall create any warranty not expressly provided for in these terms & conditions.
These disclaimers apply to the fullest extent permitted by law.
We aim to handle any complaints fairly, quickly and effectively. Complaints should be directed to us via the Contact Us page and include contact details in addition to your e-mail address and order number, if applicable.
We may terminate this website with or without cause at any time and effective immediately.
A failure to exercise or delay in exercising a right or remedy provided by this agreement or by law does not constitute a waiver of the right or remedy or a waiver of other rights or remedies. No single or partial exercise of a right or remedy provided by this agreement or by law prevents further exercise of that right or remedy or the exercise of another right or remedy. No waiver by us of any of these terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the provisions above.
In the course of providing you services and in respect of your use of the website, we may need to communicate with you via email or the other details that you have submitted to us. You agree to receive emails which are specific to your account and necessary for the normal functioning of the website, including emails which help inform users about the functionality of the website. You agree that we may communicate with you regarding the website by any electronic means.
All notices given by you to The Beauty Kit must be given to The Beauty Kit at either email@example.com or via the Contact Us page.
21. Force Majeure
We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under a contract that is caused by events outside our reasonable control.
22. Entire Agreement
These Terms and Conditions (together with the documents referred within it) constitute the entire agreement between The Beauty Kit and you with respect to your access to and use of the Site and any third-party site accessed through the Site. We may assign or subcontract any or all of our rights and obligations of our agreement with you to a third party at any time, at our discretion. You may not, without prior written consent, assign or dispose of any of your rights or obligations arising under this agreement. Nothing in this agreement shall create or be deemed to create a partnership, joint venture, agency or employee-employer relationship between you and us. Headings are for reference purpose only and in no way define, limit, construe or describe the scope or extent of such section. Any person who is not a party to this agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement. This does not affect any right or remedy generally available to such a third party in law or otherwise.
If any provision of these Terms shall be 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.
23. Right to Change the Terms and Conditions
We have the right to revise and amend our terms and conditions from time to time. You should check this page regularly to take notice of any changes we may have made to the terms and conditions. Any amended agreement will govern new user registrations and existing users from the date of posting.
25. Terms and Conditions for Social Media giveaways
From time to time The Beauty Kit will arrange to run giveaways on our social media channels in the form of prize draws. The prize draws are open to anyone aged 18 years or over, resident in Europe. No purchase is necessary, entry into the prize draw is free. Only one entry per person, multiple entries will not be considered. In the event that a winner cannot be contacted within 48 hours, an alternative winner will be selected from entries. Any prize draw promotions are in no way sponsored, endorsed or administered by, or associated with Facebook or Instagram. Those who enter are providing their information to the page owners only and not to Facebook. The information that is given will only be used for the purpose of that given promotion, unless specific authorisation is given.
June Bank Holiday Giveaway: This promotion runs from 28th May - 1st June 2020 on Instagram. One winner will be chosen at random to win a Gift Set plus a MMB robe. Winner will be chosen on 2nd June 2020 at random.