Terms
Effective date: November 1, 2022
These Terms are a legal agreement between Coty DTC Holdings, LLC located at 350 5th Avenue, 19th Floor, New York, NY 10118-0110, on behalf of itself and its subsidiaries and affiliates (“Kylie Cosmetics,” “us,” “our” and “we”) and you and, if applicable, the entity or person on whose behalf you are entering into these Terms (also referred to as “your”).
PLEASE READ THESE TERMS (“Terms”) CAREFULLY. BY CLICKING THE BOX AND/OR USING THIS WEBSITE, KYLIECOSMETICS.COM (“Website”), YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT CLICK THE BOX OR ACCESS THIS WEBSITE OR PLACE AN ORDER.
We recommend that you print or otherwise download and save a copy of these Terms for your records, as well as any future versions of them, as we may update them from time to time. You can download a printable copy of these Terms here.
For shipments to the UK and EU, please refer to these Terms of Sale, as these shipments are supported by Passport Shipping.
IMPORTANT NOTE
Please read carefully the sections titled “RIGHT TO CANCEL; NO RETURNS; REFUNDS”, “PRICE AND PAYMENT”, “ARBITRATION,” “EXCLUSIONS AND LIMITATIONS OF LIABILITY”, “INDEMNIFICATION”, AND “DISCLAIMERS”. These provisions limit liability and affect how disputes are resolved including by arbitration without any right to a jury trial. California residents, for more information on your rights under the California Consumer Privacy Act (“CCPA”) please review the “Additional Disclosures for California Residents” section of our Privacy Policy.
If for any reason whatsoever you do not agree to these Terms or do not wish to be bound by them, you must not access or use our Website.
1. OUR DETAILS
Coty DTC Holdings, LLC operates the Website and sells goods and services.
Coty DTC Holdings, LLC is a Delaware limited liability company.
Our address is 350 5th Avenue, 19th Floor, New York.
Our contact email address is customerservice@kyliecosmetics.com.
2. YOUR RESPONSIBILITY FOR OTHERS WHO ACCESS OUR WEBSITE USING YOUR DEVICE
You must ensure that any persons who access our Website on your computer(s) or device(s), or who are permitted or able to access our Website on your computer(s) or device(s) are aware of these Terms and all other documentation referred to in them, and that such persons also agree to be bound by and to comply with these Terms. If for any reason whatsoever, such persons do not agree to these Terms or do not wish to be bound by them, they must not access or use our Website, and you must not permit them to do so.
3. OTHER DOCUMENTS GOVERNING YOUR USE OF OUR WEBSITE
We provide this Website to you subject to these Terms as well as:
· Our Privacy Policy, which is available at https://kyliecosmetics.com/en-us/privacy-policy. You acknowledge that all information you provide through this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website and Account registration, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. It sets out the types of information we collect, the reasons we collect it, how we use it, where we may pass it on to any third parties, in what circumstances and for what reasons, and any other relevant information relating to our use and/or processing of your information and your rights in relation to your information.
· Our Cookies Policy, which is available at https://kyliecosmetics.com/en-us/cookie-policy. Our cookies policy governs our use of cookies and similar technologies on our Website. It sets out the types of cookies we use, the purposes for which we use them, the circumstances in which we may place cookies on your computer, device or browser, and other relevant information relating to cookies, such as how to change your browser preferences and settings to accept or reject cookies.
4. CHANGES TO THESE TERMS
We reserve the right to update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access and use of the Website and/or all purchases of any good or service thereafter.
If you use the Website or make a purchase after we post a revised version of these Terms, your use/purchase will be governed the revised Terms. You can find out whether these Terms have been revised since your last visit to this Website by looking at the effective date at the top of these terms.
You must check these Terms each time you access our Website in order to ensure that you are aware of the terms that apply to you at that time.
5. YOUR ACCOUNT DETAILS
Access to and use of certain functionalities and features of the Website may require you to register for a user account (“Account”) with us. If you decide to register an Account with us, you will provide us certain information to create and access your Account. You agree to provide us with accurate, complete and current information about yourself during Account registration and at all other times, including, without limitation, when you place an order, and you agree to update all information provided to us or requested by us if, and as soon as, such information changes and before you make any product purchase. You agree to keep your log-in information confidential and to not authorize any third party to use your Account. You agree that you will not solicit, collect or use the login credentials of other individuals, and you agree not to impersonate any other person or entity or to use a false name or a name that you are not authorized to use. We prohibit the creation of, and you agree that you will not create, an Account for anyone other than yourself. We will not be liable for any loss or damage that results from the unauthorized use of your Account, either with or without your knowledge. You are fully responsible for your failure to safeguard information or for permitting any other person to access or use your Account, and you agree that we may attribute all use of your Account to you. You agree to notify us immediately at customerservice@kyliecosmetics.com if you suspect any unauthorized use of your Account or any other breach of security. You may not sell or otherwise transfer your Account. We have the right to cancel or suspend your registration for any reason or for no reason at any time, as determined in our sole discretion.
6. OWNERSHIP OF MATERIAL ON OUR WEBSITE
All trademarks, service marks, trade names, logos, copyright and other intellectual property rights in our Website and its contents, features, and functionality are either owned by us or licensed to us. All such rights are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property and proprietary rights law intellectual property laws, and all rights are reserved. Any use of the Website and its contents, other than as specifically authorized herein, is strictly prohibited. Any rights not expressly granted herein are reserved by us.
The trademarks, service marks, trade names, logos and other branding owned by third parties and used or displayed on or via our Website (collectively, “Third Party Mark(s)”) may be trademarks of their respective owners, who may or may not endorse or be affiliated with or connected with us. Except as expressly provided in these Terms, or in terms provided by the owner of a Third Party Mark, nothing in these Terms or on or via the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of our or any Third Party Marks that are used or displayed on the Website, without the respective owner’s prior written permission, in each instance. All goodwill generated from the use of our trademarks will benefit us exclusively.
7. RELIANCE ON INFORMATION AND CONTENT
Our Website is made available to you in order to provide you with general information about us, our business, and any products or services that we offer from time to time. We do not warrant the accuracy, completeness, or usefulness of this information. This Website may include content provided by third parties, including materials provided by other users and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
The content on our Website is not intended to be construed as advice. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
8. CONTENT ON OUR WEBSITE
The content on our Website is provided for your personal, private and non-commercial use only. You may print or share the content from our Website for lawful personal, private and non-commercial purposes. You may not otherwise extract, reproduce, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit or distribute the content of our Website without our prior written consent, except as follows:
· Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
· You may store files that are automatically cached by your Web browser for display enhancement purposes.
· You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
· If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
You must not:
· Modify copies of any materials from this Website.
· Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
· Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
· You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
9. PROHIBITED USES OF OUR WEBSITE
You must not, without our prior written consent, access, interfere with, damage or disrupt in any way our Website or any part of it, our systems, any of our hardware or equipment or any networks on which our Website is hosted, any software that we use to create or modify the Website or to make the Website available to you, or any hardware, equipment, network, server, software or technology owned or operated by us or any third party.
You must use our Website for lawful purposes only and in accordance with these Terms. You must not use our Website:
· for any purpose that is unlawful or that in any way breaches any applicable laws or regulations, whether local, national or international;
· for any fraudulent purposes whatsoever;
· to conduct any unsolicited or unauthorized advertising or direct or indirect marketing to anyone by any means, or to otherwise spam, communicate with or market to anyone any goods, services or business not authorized by us;
· to upload, host or transmit any viruses, malware, adware, spyware, worms, Trojan horses, keystroke loggers, spyware, logic bombs, time bombs or any other harmful programs or code which could adversely affect the use or operation of the Website, our hardware or systems, or the computers, tablets, phones or other devices of any users or other third parties, or to upload any content or materials containing any such content;
· to communicate with, exploit, harm or attempt to harm minors in any way;
· to engage in any other conduct that restricts or inhibits anyone’s use of enjoyment of the Website, or which, as determined by us, may harm us or users of the Website, or expose them to liability; or
· in any way or for any purpose that breaches these Terms or the terms of any of the documents these Terms refer to.
Additionally, you agree not to:
· Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
· Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
· Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
· Use any device, software, or routine that interferes with the proper working of the Website.
· Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
· Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
· Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
· Otherwise attempt to interfere with the proper working of the Website.