Terms of service

Terms and Conditions

These terms and conditions ("Terms") govern your use of the Websites:

• https://www.cosmetikke.com
• https://www.cosmetikke.pt
• https://www.cosmetikke.es
• https://www.cosmetikke.fr
• https://www.cosmetikke.it
• https://www.cosmetikke.de
• https://www.cosmetikke.eu

("Website") by users ("you" or "your") and its relationship with:

 

(i) Cosmetikke - Smart Beauty, lda (trading by the Website, having its registered office at Rua Pedro Nunes, Bloco C, 3030-199 Coimbra, Portugal.

 

Please read these terms and conditions carefully, as they affect your legal rights and obligations. If you do not agree to these terms and conditions, do not access or use the Website. By ordering our products or services, you agree to be bound by these terms and conditions. We recommend that you print a copy of these terms and conditions to keep on hand at all times.

 

If you have any questions about these terms and conditions, please contact us.

 

1. Agreement

By using the website, you agree to be bound by these Terms and Conditions.

 

2. Changes

We reserve the right to update these Terms from time to time and any changes will be notified to you by an appropriate announcement on the website. You are responsible for checking any such changes. Changes will apply to your use of the website after the announcement. If you do not wish to accept the new Terms, you should not continue to use the website. If you continue to use the website after the date on which the change takes effect, your use of the website indicates that you agree to be bound by the new Terms;

and modify or withdraw, temporarily or permanently, this website and the material on it (or any part of it) without notice to you and you confirm that we will not be liable to you for any modification to or withdrawal of the website or its content.

 

3. Registration

You warrant that the personal information you are required to provide when registering is true, accurate, current and complete in all respects; and that you are not impersonating any other person or entity.

Products purchased from this website are for private and home use only and are not intended for resale. You must notify us immediately of any changes to your personal information by sending us an e-mail or calling our customer service representatives at hello@cosmetikke.com.

 

4. Privacy Policy

We will treat all of your personal information as confidential and will only use it in accordance with our Privacy Policy.

When you shop on this website, we ask you to enter personal information so that we can identify you, such as your name, e-mail address, billing address, delivery address, credit card or other payment information. We confirm that this information will be stored exclusively by us.

 

5. Protection of your security

To ensure that your credit, debit or charge card is not being used without your consent, we will validate the name, address and other personal information provided by you during the ordering process against appropriate third party databases.

We take the risk of Internet fraud very seriously. With the increasing volume of fraudulent credit card transactions, we make every effort to ensure that all orders are carefully verified using the information already provided. We may contact you to perform additional security checks and ask for your cooperation in completing them. We will not tolerate fraudulent transactions and such transactions will be reported to the appropriate authorities.

By accepting these terms and conditions, you consent to such checks. In performing these checks, the personal information provided by you may be disclosed to a registered credit reference agency, which may keep a record of such information. You can be assured that this is only done to confirm your identity, that no credit check is performed and that your credit rating will not be affected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.

 

6. Compliance

The website may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the website and its use. You agree not to upload or transmit through the Web site any computer viruses or anything else designed to interfere with, interrupt, or disrupt the normal operating procedures of a computer; and any material that is defamatory, offensive, or obscene in character.

 

7. Indemnification

You agree to fully indemnify, defend and hold us and our officers, directors, employees and suppliers harmless, immediately upon demand, from and against all claims, losses, costs and expenses, including reasonable legal fees, resulting from any breach by you of these Terms, or any other liabilities resulting from your or any other person's use of this website using your personal information.

 

8. Third Party Links

For the convenience of our customers, the Website may include links to other websites or materials that are beyond our control. For your information, we are not responsible for those websites or materials, nor do we review or endorse them. We shall not be responsible or liable, directly or indirectly, for the privacy practices or the content of such websites nor for any damage, loss or offense caused or alleged to be caused in connection with the use of or reliance on any advertising, content, products, materials or services available on such websites or external resources.

 

 9. Orders

All orders are subject to acceptance and availability. If the ordered products are not available, you will be notified by e-mail (or by other means if no e-mail address has been provided). You will have the option to wait until the item is available from stock or to cancel your order.

All orders placed by you will be treated as an offer to purchase goods or services from us and we have the right to reject such offers at any time. You acknowledge that any automatic order confirmation you may receive from us does not constitute our acceptance of your offer to purchase goods or services advertised on the website. A contract between you and us will be formed when we either (i) charge your credit card, debit card, PayPal account, or any other method of payment or (ii) ship the goods to you or commence the services, whichever is later. We will take all reasonable precautions so far as we are able to do so to keep your order and payment details secure but, in the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party gains unauthorised access to any data provided by you when accessing or ordering from the website.

You will assume the risk for the products once they have been delivered to the delivery address that you specified when ordering the products. We assume no liability if you provide an incorrect delivery address or fail to collect the products from the delivery address you specified. Notwithstanding the fact that the risk of loss or damage to the products passes to you only after they have been delivered to the delivery address, title in the products will pass to you in the later of (a) the products are dispatched by us; and (b) we receive payment for them.

 

10. Cancellation rights

If you purchased the goods or services as a consumer (i.e. for private and not business use), you have the right to cancel any contract entered into with us within 14 days of the date on which you take physical possession of the goods.

If you wish to withdraw from a contract under this clause, please refer to our Returns Policy for further information on how to do so.

 

11. Price and payment

All prices shown are inclusive of VAT (only where applicable - see below) at the current rates and are correct at the time of entering the information into the system. However, we reserve the right to change prices at any time without prior notice to you.

Payment can be made with any credit or debit card, through your PayPal account or other means of payment made available by us. Payment will be debited and cleared from your account before we ship the goods or provide the service to you.

In the unlikely event that the price displayed on the checkout page is incorrect and we discover this before we accept your order in accordance with clause 9, we are under no obligation to sell the products to you at the price displayed. We always try to ensure that the prices of products shown on our website are accurate but genuine errors may occasionally occur. If we discover an error in the price of products you have ordered, we will inform you as soon as possible and give you the option to reconfirm your order at the correct price or cancel it. If you cancel your order and you have already paid for the products, you will receive a full refund.

You confirm that you own the credit card, debit card, PayPal account or other payment accounts that we provide to you. All credit/debit card holders are subject to validation and authorization controls by the card issuer. If your payment card issuer refuses or does not authorize payment to us for any reason, we will not be liable to you for any delay or non-delivery.

If your credit or debit card payment is not successfully processed for any reason, we reserve the right to attempt to process the payment again within 48 hours. In the event that the payment is still unsuccessful, we will give you at least 48 hours notice of any further attempt to process the payment by sending an email to the email address you have provided to us. If you do not want us to try to process the payment again, please cancel your order in advance.

You can 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 your basket. We allow you to use discount codes strictly on the terms and conditions on which they were issued which, among other things, may include terms relating to your eligibility to use them and a maximum order value.

Please familiarize yourself with these terms and conditions before placing an order, as we reserve the right to reject or cancel any orders that do not comply with these terms, even if your credit or debit card has been charged. If there is any inconsistency between the terms and conditions under which the discount codes were issued and these terms and conditions, the terms and conditions of the discount code prevail. A copy of the discount code terms and conditions may be obtained by mailing or calling our customer service representatives at at:hello@cosmetikke.com.

 

12. Intellectual Property

The content of the website is protected by copyright, trademarks, databases and other intellectual property rights and you acknowledge that the material and content provided as part of the website will remain our property or that of our licensors. You may retrieve and display the content of the Site on a computer screen, store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print a copy of such content for your personal, non-commercial use, provided you keep intact any and all copyright and other proprietary notices. You may not reproduce, modify, copy, distribute or use for commercial purposes any of the materials or content on the website.

 

13. Limitation of Liability

Notwithstanding anything else in the Terms, nothing in these Terms affects or limits your rights as a consumer under the law; or will exclude or limit our liability for death or personal injury resulting from our negligence. The website is provided "as is" and "as available" without any representation or endorsement made and we make no warranties, express or implied, with respect to it and its use. You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of the website and any information provided by you. You must assume the risks associated with using the Internet.

While we try to ensure that material included on the Website is accurate, reputable and of high quality, we cannot accept responsibility if this is not the case. We shall not be liable for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website. If we are informed of any inaccuracies in the material on the website, we will try to correct them as soon as reasonably possible.

In particular, we disclaim all liability relating to the following: incompatibility of the website with any of your equipment, software or telecommunications connections; technical problems, including errors or interruptions of the website; inadequacy, unreliability or inaccuracy of the website; and inability of the website to meet your requirements. To the fullest extent permitted by applicable law, you agree that we will not be liable to you or any third party for any consequential or incidental damages (both terms including, without limitation, pure economic loss, loss of profits, loss of business, loss of anticipated savings, wasted expenses, loss of privacy and loss of data) or any other indirect, special or punitive damages arising out of or in connection with the website.

 

14. Termination

If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, that provision shall be deemed severable from these Conditions and shall not affect the validity and enforceability of the remaining provisions of the Conditions.

 

15. Waiver

No waiver by us shall be construed as a waiver of any proceeding or subsequent breach of any provision.

 

16. Entire Agreement

These Conditions constitute the entire basis of any agreement entered into between you and the Website.

 

17. Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Portugal and any disputes shall be decided only by the Portuguese courts.

 

18. Returns

We offer a comprehensive return policy in the unlikely event that you are not 100% satisfied with the delivered items. Please note that the following return procedure must be followed and that if we do not do so we will not be able to exchange the products or issue refunds. Please also note that we cannot be held responsible and provide refunds/exchanges for stock affected by circumstances beyond our control. This includes damage and negligence upon receipt of the items, storage of the items in weather conditions (such as extreme temperatures which may affect some items).

If you wish to return an item for any reason, please inform us within 48 hours of receiving your order of any unsatisfactory parts. To arrange a return, please contact us, inform our customer service team of your order number, the item you are returning, and the reason for the return. We will then reply with a unique return authorization number and the address to which you should send the item.

You must package the item securely and include

• The order number
• The return authorization number
• Whether a replacement or refund is required
• The reason you are returning the item

Returned items must be in their original condition and in the packaging they arrived in, along with a copy of the invoice or packing slip.

Once received, the items will be checked and, if appropriate, a refund will be made for the goods and postage. We cannot make refunds on products that are simply not wanted due to the perishable nature of the products for sale. Refunds/exchanges will only be made on items that are faulty and were clearly so at the time they were sent out.

 

19. All Contests

We reserve the right to change these conditions from time to time.

These rules shall be deemed incorporated into each contest, except to the extent that any specific contest instructions provide otherwise.

By entering the contest, participants are deemed to have read and understood these conditions and are bound by them. All our decisions will be final and binding and no correspondence will be entered into.

Anyone who is an employee or a direct family member of an employee of any cosmetikke company or any other person who is directly connected with the organization of any specific contest is not eligible to participate.

The contests are open to residents of the European Union only.

All participants must be 18 years of age or older, unless any other age restriction is specified or implied. Participants must, if under the age of 18, obtain prior permission from their parents or guardians.

All entries must be received by the deadline specified in the contest. Responses will be recorded upon submission. No responsibility will be taken for responses that are misdirected, lost for technical or other reasons, or received after the closing date.

We reserve the absolute right to disqualify, without notice, any entry in any contest that we deem to have used incorrect technical means to enter and/or that we deem to be fraudulent.

Participants are responsible for their computer network access costs.

We shall not be responsible or accept any liability for: (i) any failure by the winner or any entrant to comply with these terms and conditions; (ii) any interruption, delay or detour of entries; or (iii) any failure, malfunction or inaccessibility of the server, system or network.

 

20. Comments

If you submit a review, you grant us a non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content worldwide in any media.

You grant cosmetikke.com and its sublicensees the right to use the name you submit in connection with such content, if they so choose.

You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content.

You agree to perform all acts necessary to perfect any of the above rights granted by you to lookfantastic.com, including the execution of deeds and documents, at lookfantastic.com's request.

You represent and warrant that you own or otherwise control all rights to the content you post; that, as of the date the content or material is submitted to lookfantastic.com:

The content and material are accurate;

The use of the content and material provided does not violate any applicable cosmetikke.com guidelines and will not cause harm to any person or entity (including that the content or material is not defamatory). You agree to indemnify lookfantastic.com for all claims brought by third parties against lookfantastic.com arising out of or related to your breach of any of these warranties.

If there is a contest associated with the evaluations. The winners of the evaluation contest will be notified by email. Failure to respond to our notification email within 20 days will result in forfeiture of the prize.

 

21. Giveaway promotions with products

Whenever we offer a free gift with a product, we will only provide one free gift per transaction (regardless of the number of products purchased). The free gift is subject to availability and we reserve the right to change the free gift to an alternative gift.

To make it easier for us to provide you with a free offer, we may need to include the free offer on our site at nominal value. For the avoidance of doubt, you are not entitled to "buy" the free offer without purchasing the product with which it is provided free of charge, and any attempt to "buy" the free offer will be cancelled (notwithstanding any automatic communication you may receive confirming your order). In the unlikely event that the free gift is sent to you, you are obliged to return the free gift upon written request.

 

22. Gift and credit vouchers

COSMETIKKE gift voucher can be used to purchase any item sold through the website. Our standard terms and conditions, together with the terms and conditions below, apply to the purchase of your gift voucher. You can email it to family and friends or print it out to give it personally.

The gift voucher is available in different values. Gift vouchers are issued by email, using an e-voucher code that can then be redeemed at the website Checkout.

Once the order has been processed and payment has been made, the e-voucher code will be sent to you at the email address to which the order confirmation email was also sent. You will not receive anything in the mail for the Gift Vouchers that you order. Once you have received the electronic gift voucher code you can forward this email to the recipient of the gift, or you can print out the voucher and give it to them. Gift vouchers are valid for 12 months from the date of purchase.

Gift vouchers can be used to purchase any product on the website. Select the item(s) you would like to order, and add it to your basket. To apply your Gift Voucher, enter the Gift Voucher Code that you received into the "Discount Code" box, and click the "Add" button. The Gift Voucher will then be applied to your order. Then proceed to Checkout as normal.

You can only use one voucher per order and the change can be given as credit to your account if the full amount of the voucher is not used in the order. Gift vouchers are valid for 12 months from the date of purchase, so be sure to redeem your gift voucher in a timely manner. Gift vouchers are valued and issued in pounds sterling. You cannot use your gift voucher in conjunction with any other discount code.

For orders that are refunded, the refund will be made using the same payment method used to pay for the order. Therefore, if you have paid, or partially paid, for an order using a COSMETIKKE gift voucher, any refund will be issued on gift vouchers of the same value.

We can only reissue gift vouchers that have not been used. For the avoidance of doubt, the original gift voucher will be voided if we issue a replacement. The original expiry date still applies.

Risk of loss and title to a gift voucher will pass to the purchaser upon our electronic transmission of the gift voucher to the purchaser or the designated recipient, whichever is applicable. We are not liable if a gift voucher is lost, stolen, destroyed or used without your permission

We have the right to close customer accounts and accept payment via alternative payment methods if a fraudulently obtained gift voucher is redeemed and/or used to make purchases at www.cosmetikke.com.

Gift vouchers cannot be returned or refunded except in accordance with your legal rights. The value of the gift voucher cannot be converted into cash.

Any credit will be valid for 6 months from the date of issue and will expire on the anniversary of the date of issue.