LiLash Terms and Conditions
LiLash® Purified Eyelash Serum ("Product") is not intended to stop, prevent, cure, treat, relieve, alter, reverse or reduce eyelash loss or to promote the growth of eyelashes.
PLEASE READ THESE TERMS AND CONDITIONS OF SALE VERY CAREFULLY.
YOU ("Purchaser") agree to be bound by the following Terms and Conditions of Sale ("Terms and Conditions") in connection with the purchase of Product from Drop Dead Gorgeous ("Seller"):
1. WEBSITE INFORMATION
The information displayed on the ddgsalon.co.uk website (the "website") is provided in good faith, but Seller makes no guarantees about the completeness, accuracy, timeliness, availability, accessibility, merchantability, or fitness for any particular purpose of any of the information or products described on the website. The accuracy and reliability of the content within the website and its associated links is not guaranteed and is provided "as is" and all warranties, either express or implied, are disclaimed. Seller accepts no responsibility for your use of this information, or for anyone else's use of it. Seller accepts no responsibility for any injury, loss, claim, or damage arising out of or in any way connected with this service or the information displayed here. By accessing this service, you agree with these conditions and agree to hold harmless Seller and its RETAILS DISTRIBUTORS.
2. PRIVACY
Seller's performance of these Terms and Conditions is subject to existing laws and legal process, and nothing contained in these Terms and Conditions is in derogation of Seller's right to comply with law enforcement requests or requirements relating to the disclosure of any information to law enforcement officials.
Seller agrees to adhere to all applicable regulations and laws, EU General Data Protection Regulation, and industry practices relating to the collection and use of personal information from Purchaser. All data collected is used for the sole purpose of processing and shipping a retail transaction. The minimum about of data is collected to make this process possible.
3. ACCEPTANCE
Purchaser has read and understands these Terms and Conditions and agrees that Seller's and Purchaser's complete transaction or Purchaser's voluntary opt-in and/or cookie acceptance constitute their acceptance of the Terms and Conditions set forth herein. Any terms and conditions, and/or provisions of Purchaser's purchase order or other written form which is, in any way, inconsistent with or in addition to these Terms and Conditions shall not be applicable herein or binding upon Seller, and in no event shall any such inconsistent term and/or condition of Purchaser's order, whether by acknowledgment or otherwise, become a part of these Terms and Conditions.
4. VALIDITY OF QUOTATION
Seller makes no firm offers of price quotes. Prices listed on Seller's website are not firm offers. Prices displayed on Seller's website are subject to availability and current price conditions in your country. Prices displayed on the website are subject to change without notice and the Seller is not responsible for any pricing variation when the price is converted to your home currency.
5. TAXES
The price of Product includes VAT. Purchaser agrees to pay any and all such further taxes and assessments, and to reimburse Seller for any and all such taxes or assessments, that Seller is required to pay.
6. PAYMENTS
All payments shall be made in GBP. Unless otherwise specified in writing, Seller's standard payment terms are all cash, payment in full upon acceptance of Order and Prior to Shipment by Seller. If Product is not paid for in full, Seller retains a security interest in Product and shall have all rights of a secured party thereon pursuant to the provisions of the applicable Uniform Commercial Code. Purchaser shall, upon request of Seller, execute a Security Agreement, Financing Statement or other documents as required by Applicable Uniform Commercial Code, and Seller shall have the right to require receipt of such executed a Security Agreement, Financing Statement or other documents as required by Applicable Uniform Commercial Code, prior to shipment of Product. In furtherance of the foregoing, an irrevocable power, coupled with an interest, is hereby granted and reserved unto Seller to execute such Security Agreement, Financing Statement or other documents on Purchaser's behalf and stead.
UNDELIVERABLE PACKAGES
Packages that are returned to Seller as undeliverable are issued a full refund. Seller is unable to re-ship orders that are returned to Seller as undeliverable. If Purchaser would like to purchase items that were undeliverable, Purchaser may place a new order with Seller. A seller cannot ship to any PO Box address.
CANCELLATIONS
A purchaser may cancel an order only (i) within 24 hours of placing the order or (ii) before the order ships.
If Purchaser cancels an order within 24 hours of placing the order and the order has not shipped, a refund will be issued in the form that payment was originally made. For example, if payment was made by credit card, then Seller will charge a credit back to Purchaser's credit card.
Seller agrees to process refunds within seven days of cancellation by Purchaser if the order did not ship.
If Purchaser requests cancellation after the order ships it is up to Purchaser to refuse the package. Once the refused package is received by Seller's refund department, a full refund will be processed, less shipping and handling, within 7 days of receipt of the refused package.
Seller reserves the right to cancel any order at any time for any reason.
LIMITATIONS
If Purchaser requires shipping to an international location, then Purchaser agrees to be responsible for all additional fees, including but not limited to customs fees. Also, Purchaser agrees to pay any additional fee in GBP for shipping as required.
7. PROMOTIONS
No price adjustments will be made for coupons or promotional codes not entered at the time of purchase.
8. SHIPPING AND HANDLING FEES
Purchaser and Seller agree that no shipping and handling fees will ever be refunded by Seller to Purchaser and Seller are not responsible for any shipping and handling fees incurred by Purchaser.
9. DAMAGE OR SHORTAGE
A claim relating to the shipment or packaging of Product must be made within fifteen (15) days of receipt of Product by Purchaser at Shipper's destination point, or the claim relating to shipment or packaging is waived and released by Purchaser.
10. SET-OFF
Purchaser shall not, at any time, be entitled to set off any amount whatsoever owing at any time from Seller to Purchaser against any amount payable by Purchaser to Seller.
11. MARKETING
Purchaser is not authorized to resell any Product purchased under these Terms and Conditions. If Purchaser wishes to resell any Product, Purchaser must obtain the express written authorization of Seller before Purchaser may resell Product. The resell of any Product by Purchaser without Seller's prior express written authorization is a material breach of these Terms and Conditions.
12. SHIPMENT AND DELIVERY
Delivery shall be arranged by Seller at the cost and expense as determined at the point of sale. Shipping dates and/or delivery dates are quoted based on conditions prevailing on the date of the quotations. The time of delivery shall be deemed to have been complied with when the Product has been shipped or delivered into the custody of the common carrier before the expiration of the time of delivery. Seller need not ship or deliver as quoted if Purchaser has not met its payment or other contractual obligations.
13. FORCE MAJEURE
Purchaser agrees that Seller is excused from performance and shall not be liable for delays due to causes beyond its reasonable control or due to acts of Purchaser, acts of God, changes in local laws or regulations, fires, strikes, floods, epidemics, quarantine restrictions, riot or other civil unrest, war, acts of violence, freight embargoes, delays in transportation, etc., or its inability to obtain labor, materials or manufacturing facilities despite reasonable commercial efforts (collectively, "Force Majeure Events").
14. PASSAGE OF TITLE
Title passes upon delivery to common carrier or payment in full to Seller, whichever occurs last. The title and right of possession to Product remain with Seller until the full contract price (including, if any, deferred payments, payment on notes or renewals thereof and any interest charges) has been paid to Seller. Purchaser agrees to perform all acts necessary to protect and maintain this title and right. Passage or non-passage of title shall not affect the risk of loss.
15. RISK OF LOSS
Risk of loss or damage to Product is that of Purchaser from the time that Product is delivered to a common carrier, during all transportation and subsequent delivery to Purchaser, regardless of whether the title has passed to Purchaser.
16. LIMITED WARRANTY OF QUALITY
THE SELLER WARRANTS THAT THE PRODUCT WHICH IT SELLS TO THE PURCHASER SHALL BE UNADULTERATED AND FREE FROM CONTAMINATION ON DATE OF SALE BY SELLER FOR A PERIOD OF 60 DAYS FROM THE ORIGINAL DATE OF PURCHASE AND THIS WARRANTY EXTENDS TO THE ORIGINAL PURCHASER ONLY. IN THE EVENT THAT ANY PRODUCT SHALL FAIL TO BE UNADULTERATED AND FREE FROM CONTAMINATION DURING THE WARRANTY PERIOD, THE SELLER SHALL REPLACE THE SAME WITHOUT COST TO THE ORIGINAL PURCHASER OR, AT SELLER'S OPTION, REFUND THE PURCHASE PRICE.
Upon discovery of any defect or nonconformity, Purchaser should return the Product (in the original packing materials, if available), together with a copy of the original purchase receipt and a description of the problem to:
Drop Dead Gorgeous
24 Station Road
Longfield
Kent
DA3 7QD
United Kingdom
Seller recommends that Purchaser send the product return receipt requested. Seller accepts no liability for products lost or misplaced in shipment.
17. LIMITED WARRANTY OF SATISFACTION
If a purchaser is not completely satisfied with Product, then the purchaser may return the remainder for a full refund less shipping and handling, provided that:
(i) Purchaser returns Product within 90 days of purchase date. (ii) The product was purchased directly through Drop Dead Gorgeous. (iii) Purchaser returns the remainder of Product with all its original packaging. iv) The product is returned with a valid RMA# that is displayed clearly on the outside of the package. (v) Purchaser has not received a refund for Product previously. vi) 90-Day Limited Warranty does not apply to purchases of Product made through any authorized Cosmetic Alchemy retailers. Authorized retailers are responsible for setting their own return/refund/credit terms. The Company will not be responsible for refunding, replacing, or crediting these customers directly in any such cases.
Seller will process all valid refund requests in no more than thirty (30) days. If a return is lost in the mail, Seller will honor the refund request only if Purchaser can provide valid proof of return. Valid proof of return is a delivery confirmation or a signature required. Only a single product refund will be allowed for any given name, address, or credit card number. A return is valid only if it is sent to the same address as what is listed above in the section titled "Limited Warranty of Quality."
18. EXCLUSION OF WARRANTIES
ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS OR SUITABILITY FOR A PARTICULAR PURPOSE SHALL BE IN EFFECT FOR A PERIOD OF 90 DAYS FROM THE ORIGINAL DATE OF PURCHASE.
THE REFUND OF PURCHASE PRICE (LESS SHIPPING AND HANDLING) OR REPLACEMENT, AT THE OPTION OF PURCHASER, IS THE ONLY REMEDY AVAILABLE TO ANY PERSON OR ENTITY FOR BREACH OF LIMITED WARRANTY BY SELLER.
Purchaser acknowledges and agrees that Seller does not warrant against (i) damage to property resulting from the failure of Product to provide a desired or presumed result, or from any other cause; (ii) damage caused by use of Product for purposes other than lash conditioning; (iii) damage caused by abuse, accident, modifications or use with other products; (iv) damage during shipment; or (v) any other abuse or misuse by Purchaser or others.
19. LIMITATION OF ALL REMEDIES
In no event will Seller be liable for any special, incidental or consequential damages (OTHER THAN FOR INJURY TO PERSON) based on breach of warranty, breach of contract, negligence, strict tort or any other legal theory. Damages that Seller will not be responsible for include, but are not limited to: loss of profits; loss of savings or revenue; loss of use of the Product or any associated equipment; cost of capital; cost of any substitute equipment, facilities or services; downtime; the claims of third parties; injury to property; interruption of business; damages due to delays; costs resulting from the incorporation of the defective Product into other products; defect investigations; lost revenue; business goodwill; extra work; and punitive damages, even if Seller has been advised of the possibility of such damages. Purchaser expressly agrees that Seller's sole maximum liability for damages for any cause whatsoever shall be limited to the purchase price of Product and when Purchaser accepts Product under these Terms and Conditions, Purchaser is precluded from seeking any other damages against Seller. Purchaser assumes all risk and liability for loss, damage, injury to property of Purchaser or Purchaser's customers or third parties arising out of the use of Product sold under these Terms and Conditions.
20. ALLOCATION OF RISKS
These Terms and Conditions allocate the risks of Product's failure or deficiency between Seller and Purchaser.
This allocation is recognized by both parties and is reflected in the price of the Product. Purchaser acknowledges to have read these Terms and Conditions and understands them and is bound by their terms.
21. INDEMNIFICATION
Purchaser agrees to indemnify, defend and hold harmless Seller, and its officers, directors, shareholders, employees, agents and representatives (collectively, "Indemnitee"), from any and all actions, claims, demands, loss, costs, expenses, obligations, liabilities, damages, including incidental and consequential damages, recoveries, settlements and deficiencies, including interest, penalties, attorney fees, accounting fees and expert witness fees incurred by Indemnitee, known or unknown, contingent or otherwise, directly or indirectly related to or arising out of or in connection with any of the following: (i) Purchaser's breach of any of the Terms and Conditions contained herein, (ii) Purchaser's violation of any law or the rights of a third party, (iii) personal injury of any person relating to or arising out of the use of the Product, or (iv) any claim, loss or damage otherwise arising from or related to these Terms and Conditions or the use of the Product.
22. RETURN OR CANCELLATION
Accepted orders for Product cannot be canceled by Purchaser. The product cannot be returned by Purchaser to Seller unless the Product is defective or damaged or subject to the Limited Warranty of Satisfaction.
In the event that more than one product is purchased only one of each product may be returned within 90 days of purchase for a refund. When more than one product is purchased as part of a sale offer the returned product will be refunded at the lower price. For example, if 2 products are purchased as part of a buy one and get the 2nd one for 50% off the returned product will be refunded at the 50% price.
23. NO REPRESENTATIONS
No claims or warranties shall be made to any third party with respect to Product by any person or entity which purchases Product for resale.
24. ENTIRE TERMS AND CONDITIONS
These Terms and Conditions and the Sales Order or other quotations and order confirmations of Seller under which they have been declared applicable supersede all prior and contemporaneous communications, understandings and Terms and Conditions of Purchaser and Seller.
25. MODIFICATION
These Terms and Conditions may not be modified or amended in any way unless such modification or amendment is in writing and signed by an authorized officer of each Seller and Purchaser.
26. SEVER ABILITY
If any provision of these Terms and Conditions is determined by a court of competent jurisdiction to be invalid under any applicable law, the portion deemed to be invalid will be deemed omitted, and the remainder of these terms and conditions shall remain enforceable.
27. GOVERNING LAW
These Terms and Conditions and their performance shall be governed by and construed in accordance with the laws applicable without regard to conflict of laws provisions.
28. DISPUTE RESOLUTION
If any dispute arises between the parties with respect to the interpretation or enforcement of these Terms and Conditions, Purchaser and Seller agree to attempt to resolve such dispute or disagreement by negotiating in good faith within thirty (30) days from commencing negotiations.
29. ATTORNEY FEES
In the event of litigation or arbitration between the parties arising out of these Terms and Conditions, the prevailing party will be entitled to recover court or arbitration costs and reasonable fees of attorneys, accountants and expert witnesses incurred in connection with the action or arbitration.
30. RESPONSIBILITY AND AGE
Purchaser represents to being of sufficient legal age to use Product and to create binding legal obligations for any liability Purchaser may incur as a result of the purchase and use of the Product.
31. NO IMPLIED WAIVER
The failure of either party at any time to require performance by the other party of any provision of these Terms and Conditions shall in no way affect the right to require such performance at any time thereafter, nor shall the waiver of either party of a breach of any provision of these Terms and Conditions constitute a waiver of any succeeding breach of the same or any other provision.
32. INVOICES
Seller may submit invoices to Purchaser by electronic communication, including, but not limited to, use of the internet, email.
33. RELATIONSHIP OF PARTIES
Seller and Purchaser are independent contracting parties and nothing in these Terms and Conditions shall make either party the agent or legal representative of the other for any purpose whatsoever, nor does it grant either party any authority to assume or to create any obligation on behalf of or in the name of the other.
34. FURTHER ASSURANCES
The parties agree to execute any further Terms and Conditions, and provide any requested assurance reasonably necessary for the parties to effectuate the purpose of these Terms and Conditions.
35. COSMETIC
Purchaser acknowledges that Product is marketed as a cosmetic under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. 301 et seq., and comparable State laws. The product is intended only to promote the attractiveness, enhance the beauty, and improve the appearances of eyelashes and eyebrows. All claims for the Product shall be limited to these intended uses.
36. WARNINGS
Purchaser agrees to read and follow all directions, warnings, and precautions for Product. Purchaser must consult Purchaser's own physician or healthcare provider about Purchaser's own medical and health questions.
37. HEADINGS
The headings used in these Terms and Conditions are included for convenience only and will not limit or otherwise affect the terms and conditions herein.
38. ASSIGNMENT
You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
39. TIME: TIME IS OF THE ESSENCE
OUR COMMITMENT TO YOUR PRIVACY
Your privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, we make it available on our homepage.
THE INFORMATION WE COLLECT
This notice applies to all information collected or submitted on the Drop Dead Gorgeous website. On some pages, you can order products, make requests, and register to receive materials. The types of personal information collected at these pages are:
Name, Address, Email address, Phone number, Credit/Debit Card Information, (etc.)
On some pages, you can submit information about other people. For example, if you order a product online and want it sent directly to the recipient, you will need to submit the recipient's address. In this circumstance, the types of personal information collected are:
Name, Address, Phone Number, (etc.)
THE WAY WE USE INFORMATION
We use the information you provide about yourself when placing an order only to complete that order. We do not share this information with outside parties except to the extent necessary to complete that order. These parties include shipping companies and financial institutions.
We use the information you provide about someone else when placing an order only to ship the product and to confirm delivery. We do not share this information with outside parties except to the extent necessary to complete that order.
You can register with our website if you would like to receive updates on our new products and services. The information you submit on our website will not be used for this purpose unless you fill out the registration form and elect that you would like to be connected by indicating so.
All saved user data is used for the following:
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Register you as a user and to identify you when you sign into your account.
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This is voluntary and not required to purchase from our site.
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Administer your account and process your payment for purchases.
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Respond to you, your inquiries, customer service requests, complaints or your shipment process.
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Verify activity as valid and non-fraudulent.
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Send you a newsletter or other promotional communications if you elect to receive it voluntarily.
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Communicate directly with you as required by our business relationship.
Finally, we never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses.
We want you to have the freedom to control how this information is used.
After your order is placed, processed and received you can ask us to remove your personally identifiable information. Please email us, requesting removal of your information from our commerce database.
THIRD PARTY ADVERTISING PARTNERS
We work with third-party partners, including Google, MailChimp, Facebook and Google Ads, who automatically collect anonymous, non-personally identifiable information about your visit to our site. This information is collected using cookies. With these third-party partner tools, we receive data that allows us to provide you with improved services and site experiences. The anonymous information is used to analyze general patterns, trends, and demographics of the customers who visit our website.
Information gathered may include, but is not limited to, age, gender, IP address, site navigation patterns, the frequency of visits, and interests. We may use this information to inform, optimize and serve advertisements on third-party websites such as banners and links.
We will never run interest-based advertising campaigns that collect or disperse confidential information, such as email addresses, telephone numbers, and credit card numbers. You can adjust your browser preferences to refuse all cookies of this kind, but doing so may limit our ability to provide an optimal and tailored shopping experience.
We want you to have the freedom to control how this information is used.
To Opt-out universally, including Google and other cookie based targeting companies: Visiting the Network Advertising Initiative opt-out page.
OUR COMMITMENT TO DATA SECURITY
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.
OUR COMMITMENT TO CHILDREN'S PRIVACY
Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our website from those we actually know are under 18, and no part of our website is structured to attract anyone under 18.
HOW YOU CAN ACCESS OR CORRECT YOUR INFORMATION
You can access all your personally identifiable information that we collect online and maintain by logging into your account.
You can correct factual errors in your personally identifiable information by sending us a request that credibly shows error.
To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections.
To remove, update, or delete personally identifiable information that we collect, please create a ticket at our contact us page.
HOW TO OPT OUT OF EMAIL NEWSLETTERS
To opt out of the Drop Dead Gorgeous Email Newsletters, please fill out the Contact Us, write us at the address below or opt-out at the bottom of each email.
Drop Dead Gorgeous
24 Station Road
Longfield, Kent
DA3 7QD United Kingdom
HOW TO CONTACT US
Should you have questions or concerns about these privacy policies, please contact us by emailing sam@ddgsalon.co.uk, or send us mail to:
Drop Dead Gorgeous
24 Station Road
Longfield, Kent
DA3 7QD United Kingdom