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Beauté Éternelle Terms of Service

Introduction

These Terms and Conditions govern your use of our website www.beauteeternelle.com and other online or mobile products and services (collectively, our “Services”) provided by Beauté Éternelle. If you use our Services to purchase any of our cosmetics, beauty products, or other goods we offer for sale via our Services (collectively, our “Products”), such purchase is governed by these Terms.

If you do not agree to these Terms of Sale, you must not order any Product from us.

Definitions

  • "We", "us", "our" refers to Beauté Éternelle.

  • "You", "your" refers to the customer or website user.

  • "Products" refers to the cosmetic items offered for sale on our website.

Terms of Sale

1. Product Information

Details of Products available for purchase are set out on our Services. All features, content, descriptions and prices of our Products described or depicted on the Services are subject to change at any time without notice. We attempt to ensure that information on the Services is complete, accurate, and current. Despite our efforts, the information on the Services may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness, availability, accuracy or currency of any information on the Services. For example, Products included on the Services may be unavailable or may have different attributes or ingredients than those listed.

 

We make reasonable efforts to publish information and display Product images accurately, but we cannot guarantee that the image you see on your monitor or mobile device will exactly match the Product. Packaging and labelling may vary from that shown and may contain more and/or different information from that shown on the Services. You should not solely rely on the information presented on the Services and should always read labels, warnings, and directions for safe use on the labelling and package you receive before using any of our Products.

Any material and information presented by Beauté Éternelle on the Website or with any Products sold through the website is intended to be used for informational purposes only.

Any statements and Products are not intended to diagnose, treat, cure or prevent any condition or disease. All Products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for Products to avoid potential allergic reactions. Use of the Website is not meant to serve as a substitute for professional medical advice. If you have any personal concerns, please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Website before using or relying on them.

We may change the Product to reflect changes in relevant laws and regulatory requirements.

 

All prices shown on the Website are in pounds sterling and inclusive of Value Added Tax (“VAT”) at the relevant rate. Prices shown on the Website do not include delivery, packaging or other charges, which will be added to any order you place. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

Whilst we use reasonable endeavours to keep prices up to date on the Website, we reserve the right to alter prices at any time. If the price of your Products have changed after you have ordered, we will not be able to refund/credit you the difference in price (this also includes sale price adjustments).

 

You agree and acknowledge that all text, graphics, photographs, copyright, trademarks and any other intellectual property, material or content available within this Website are owned and shall remain vested in Beauté Éternelle, our licensors and any Beauté Éternelle Affiliates (defined below). An affiliate is any entity that directly or indirectly controls, is controlled by, or is under common control with another entity (Affiliates).

You agree and acknowledge that the material within this Website is made available for your personal and non-commercial use only.

 

You acknowledge that, as between you and us, Beaute Éternelle and its Affiliates own all present and future copyright, registered and unregistered trademarks, design rights, unregistered designs, database rights and all other present and future intellectual property rights and rights in the nature of intellectual property rights existing in or in relation to the Products ("IPR").

If any IPR vests in you, whether by operation of law or otherwise, you hereby assign to us all right, title and interest (whether legal or beneficial) in such IPR throughout the world absolutely to the fullest extent possible, including any and all renewals and extensions of such IPR. You unconditionally and irrevocably waive any and all moral rights you may have either now or in the future existing in or in relation to the Products. You also agree to execute and do all such deeds, documents, acts and things as we may reasonably require in order to assign any IPR to us, to carry out the intended purpose of these Terms of Sale or to establish, perfect, preserve or enforce our rights under these Terms of Sale.

You also acknowledge that the Products are intended for your own personal use and that you will not resell the Products to any other persons.

2. Ordering

Once you place your order to purchase a Product from us by following the steps outlined above and by clicking the button labelled “Place Order” we will send you an email confirming your purchase. This email will provide you with the details of the order. This is not an order acceptance by us. A dispatch confirmation email, including a tracking code will then be sent when your order leaves our warehouse. Our acceptance of your order and the completion of the contract between you and us will take place when we have dispatched the Products to you.

If we are unable to accept your order, we will inform you of this and will not charge you for the Product(s). This might be because the (i) Product is out of stock; (ii) because we have identified an error in the price or description of the Product; (iii) our inability to obtain authorisation for your payment; or (iv) because of unexpected limits on our resources which we could not reasonably plan for.

The order will be concluded in English.

 

3. Payment

Orders are processed upon receipt of payment. We accept major credit/debit cards and secure payment gateways.

4. Shipping and Delivery

We ship within the UK and internationally. Delivery times vary by location and are estimated at checkout. We are not responsible for delays caused by postal services or customs.

We shall be under no liability for any delay or failure to deliver products if the delay or failure is caused by a third party or is wholly or partly caused by circumstances beyond our control.

5. Returns and Exchanges

We hope you love your purchases, but if for any reason you do need to return something to us, we’ve made it as simple as possible. Please see our Returns & Exchanges Policy for details.

 

6. Liability

We are not liable for allergic reactions or misuse of products. Customers are responsible for reading ingredient lists and usage instructions.

We will use reasonable skill and care in fulfilling any order placed by you which is accepted by us. However, we exclude all other representations, warranties, conditions and terms express or implied by statute, common law or otherwise to the fullest extent permitted by law.

Save as expressly set out in these Terms of Sale, we will not be liable for any special, indirect, incidental, consequential or economic loss or for loss of profits or revenues howsoever caused arising in connection with any order placed by you. Notwithstanding the above, our total liability (whether in contract, tort, negligence or on any other basis) to you, for any loss or damage shall be limited to the sums paid or payable for the Products.

We will not be liable to you where we breach these Terms of Sale due to any cause that is beyond our reasonable control, including acts of God, explosions, floods, tempests, fires or accidents; wars or threats of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes; difficulties in obtaining materials, labour, fuel, parts or machinery; power failure or breakdown in machinery.

Nothing in these Terms of Sale shall limit our liability for personal injury, death or fraud.

This clause does not affect your statutory rights as a consumer.

 

7. Amendments

We reserve the right to update these Terms and Conditions at any time. Any updates or amendments will be posted on the website.

8. Other important terms

These Terms of Sale supersede any other terms and conditions previously published by us and any other representations or statements made by us to you, whether oral, written or otherwise.

You may not assign or sub-contract any of your rights or obligations under these Terms of Sale to any third party unless we agree in writing.

We may assign, transfer or sub-contract any of our rights or obligations under these Terms of Sale to any third party at our discretion. No relaxation or delay by us in exercising any right or remedy under these Terms of Sale shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.

If any of these Terms of Sale are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms of Sale shall remain in full force and effect.

Only you and we shall be entitled to enforce these Terms of Sale. No third party shall be entitled to any of these Terms of Sale, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.

These Terms of Sale are governed by English law. In the event of any matter or dispute arising out of or in connection with these Terms of Sale, you and we shall submit to the exclusive jurisdiction of the English courts.

 

 

Terms of Use

1. Intellectual Property

Beauté Éternelle are the owners or licensees of all present and future copyright, registered and unregistered trademarks, design rights, unregistered designs, database rights and all other present and future intellectual property rights and rights in the nature of intellectual property rights around the world existing in or in relation to the Website (\"IPR\").

Any avatar animation including but not limited to avatar characters, backgrounds, props, specific animations, movements and voice performances are CTBL and/or its Affiliates IPR.

Unless you have agreed otherwise in writing with Beauté Éternelle, nothing in these Terms of use, gives you a right to use any of the Content, Beauté Éternelle trademarks or other IPR of Beauté Éternelle. You may not assign or transfer any of the Contents and you may not grant a license to use or access the Website to any party.

You are permitted to use the Content only as expressly authorised by us.

You acknowledge and agree that the material and Content contained on this Website is made available for your personal non-commercial use only and that you may download such material and Content onto only one device for such purpose. Any other use of any material and Content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and Content.

If you print off, copy or download any part of our site in breach of these Terms of Use, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. We also reserve the right to take legal action against you if we deem necessary and reserve all rights in this regard.

You are not permitted to use any of our intellectual property (including our registered or unregistered trademarks and/or copyright) without our prior written approval. This can be requested by contacting us (refer to the Contact Us section for more details).

2. User Content

Whenever you post content, such as a product review, to our website you must comply with the provisions set out below:

You may only use this Website for lawful purposes. You must ensure that any comment or activity that you intend to post or upload to our website or provide or make to us via this Website or any function of this Website including LiveVideo and LiveChat:

  • Does not contravene any applicable laws or contravene any person's legal rights (such as, by way of example only, a duty of confidence) or promote, advocate or assist any illegal activity (such as, by way of example only, copyright infringement or computer misuse);

  • Is not indecent or obscene, does not contain any sexually explicit material and does not promote or refer to sexual activity;

  • Is not abusive, offensive, hateful, threatening or inflammatory, is respectful of other people’s privacy and is not likely to harass, upset, embarrass, alarm, deceive, inconvenience or annoy anyone;

  • Does not promote violence;

  • Is not used to impersonate anyone or to misrepresent identity or affiliation with any person or organisation;

  • Is not libellous or defamatory;

  • Does not promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

  • Does not infringe any copyright, database right or trademarks of any person;

  • Does not give the impression that it emanates from us (unless that is in fact the case);

  • Is accurate (where it contains statements); and

  • Only contains opinions if they are genuinely held (and which must not breach any of the other requirements as to content).

You hereby acknowledge and agree that you are solely responsible for the form, content and accuracy of any comments that you post on the Website and that you will indemnify us and keep us indemnified for any breach of this clause. This means that you will be responsible for any loss or damage we suffer as a result of anything you upload or post to our Website that does not comply with these Terms of Use. We reserve the right to remove material from the Website at any time without notice. We have the right to disclose your identity and other relevant information to law enforcement authorities as we consider necessary. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded to our Website by you constitutes a violation of their intellectual property rights or of their right to privacy. Your right to use this Website will cease immediately if you breach any of the provisions of this clause. Any content you post or upload to our Website will be considered non-confidential and non-proprietary and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose.

3. Limitation Of Liability

We exclude all representations, warranties, conditions and terms express or implied by statute, common law or otherwise to the fullest extent permitted by law. We accept no liability for any special, indirect, incidental, consequential or economic loss howsoever caused arising out of or in connection with these Terms of Use.

We provide the content on the Website in good faith but give no warranty or representation that the content is accurate, complete or up-to-date, nor that the Website does not infringe the rights of any third party. We accept no responsibility or liability for your use of content on the Website and such use is entirely at your own risk. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs on the Website, we accept no liability for them.

Information transmitted via this Website will pass over public telecommunications networks. We make no representation or warranty that the operation of this Website will be uninterrupted or error free and disclaim all liability in respect thereof.

Nothing in these Terms of Use shall limit our liability for personal injury, death or fraud.

Any material and information presented by CTBL on the Website or with any products sold through the Website is intended to be used for informational purposes only. Any statements and products are not intended to diagnose, treat, cure or prevent any condition or disease. All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions. Use of the Website is not meant to serve as a substitute for professional medical advice or medical resource. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Website before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. CTBL does not give or intend to give any answers to medical related questions and does not represent itself as a physician nor is this implied.

4. Third Party Links

This Website may contain links to other websites. We accept no responsibility or liability for any material supplied by or contained on any third party website which is linked from or to this Website.

5. Termination and Suspension

We reserve the right to suspend your use of the Website at any time for operational, regulatory, legal or any other reason as we deem necessary. We may terminate your use of the Website with immediate effect if you breach any of these Terms of Use.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted.

6. Amendments to these terms of use

We may update or amend these Terms of Use from time to time to comply with applicable laws or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on the Website. By continuing to use the Website, you agree to be bound by the terms of these updates and amendments.

7. Further Key Terms

If any of these Terms of Use are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms of Use shall remain in full force and effect.

Only you and we shall be entitled to enforce these Terms of Use. No third party shall be entitled to enforce any of these Terms of Use, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.

These Terms of Use set out the entire agreement between you and us and supersede any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law, which relate to the use of the Website. Any delay or failure by us to exercise any right we may have under these Terms of Use shall not constitute a waiver by us of that right.

These Terms of Use are governed by English law. In the event of any matter or dispute arising out of or in connection with these Terms of Use, you and we shall submit to the exclusive jurisdiction of the English courts.

 

 

Promotion &   competition terms and conditions

1.Influence- led competition Terms and Conditions

From time to time, Beauté Éternelle gifts official Beauté Éternelle products to influencers and trusted accounts for use such as prizes in giveaways/prize promotions run on the influencers own social media accounts.

In those situations, the prize promoter is the influencer launching the giveaway/prize promotion and not Beauté Éternelle.

Whilst Beauté Éternelle does its utmost to only work with reputable influencers and affiliates who act in accordance with local laws and regulations, ultimately it is the influencer / affiliate that is solely responsible for the operation of and/or the terms and conditions that apply to such giveaways/prize promotions.

All communications regarding influencer-led giveaways/prize promotions should be directed to the influencer, and not Beauté Éternelle.

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