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Terms and Conditions

Célik Beauty and/or its affiliates (collectively, “Célik Beauty”), provides the services available on the Website (“Website”) to you subject to the following terms and conditions (the “Terms and Conditions”). By accessing or using the Website, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions.

1. GENERAL

You acknowledge and agree that these Terms and Conditions, together with our Privacy Policy constitute the complete and exclusive agreement between us concerning your use of the Website, and supersede and govern all prior proposals, agreements, or other communications.

We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Website. Any changes are effective immediately upon posting to the Website. Your continued use of the Website constitutes your agreement to all such terms and conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Website.

Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.

 

2. ACCURACY OF INFORMATION

We attempt to be as accurate as possible when describing our products and services on the Website; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, prices for products and services, hours of operation or other content available on the Website is accurate, complete, reliable, current, or error-free.

 

3. LIMITED LICENSE

We grant you a limited, revocable, and non-exclusive license to access and make personal use of the Website. Please note that you may not frame or utilize framing techniques to enclose the Website or any portion thereof without our prior written consent.

The limited license set forth in this Section 4 does not include the right to: (i) modify or download the Website or its contents (except caching or as necessary to view content); (ii) make any use of the Website or its Content other than personal use; (iii) create any derivative work based upon either the Website or its Content; (iv) collect account information for the benefit of another party; (v) use any meta tags or any other “hidden text” utilizing our name or the Trademarks without our express written consent; or (vi) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Website for personal, non-commercial use only. A website that links to our Website (i) may link to, but not replicate, our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content appropriate for all ages; (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; (vi) may not use any Trademark without express written permission; (vii) may not link to any page of the Website other than the home page. We may, in our sole discretion, request that you remove any link to the Website, and upon receipt of such request, you shall immediately remove such link.

Any unauthorized use by you of the Website terminates the limited license set forth in this Section 4 without prejudice to any other remedy provided by applicable law.

 

4. PRIVACY

Please review our Privacy Policy, which also governs your visit to the Website, so that you may understand our privacy practices.

 

5. INTELLECTUAL PROPERTY

All content available on the Website, including, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation there of (the “Content”) is the property of Célik Beauty, our affiliates, our partners or our licensors, and is protected by United States and international copyright laws. The trademarks, logos, and service marks displayed on the Website (collectively, the “Trademarks”) are the registered and unregistered marks of Célik Beauty, our affiliates, our licensors or our partners, in the United States and other countries, and are protected by United States and international trademark laws. All other Trademarks not owned by us, our affiliates, our partners or our licensors that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. Except as set forth in the limited license in Section 4 below, or as required under applicable law, neither the Content, the Trademarks, nor any other portion of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent.

6. SUBMISSIONS

We welcome inquiries or feedback on the products you use or might like to purchase, however it is our policy to decline unsolicited suggestions and ideas. Notwithstanding our policy with regard to unsolicited suggestions and ideas, any inquiries, feedback, suggestions, ideas or other information you provide us (collectively, “Submissions”) will be treated as non-proprietary and non-confidential. Subject to the terms of our Privacy Policy, by transmitting or posting any Submission, you hereby grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute, and display any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that your Submission may not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.

If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from your claims to any rights in any Submission.

 

7. REPRESENTATIONS AND WARRANTIES; LIMITATION OF LIABILITY

The website is presented “as is.” we make no representations or warranties of any kind whatsoever, express or implied, in connection with these terms and conditions or the website, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose, unless such representations and warranties are not legally excludable. You agree that we will not be responsible or liable, under any circumstances, for any (a) interruption of business; (b) access delays or access interruptions to the website; (c) data non-delivery, misdelivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the website; (e) computer viruses, system failure or malfunction which may occur in connection with your use of the website, including during hyperlink to or from third party websites; or (f) events beyond our reasonable control.

 

8. INDEMNIFICATION

You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand resulting from your use of the Website. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

 

9. DISPUTES

With respect to any dispute regarding the Website, your rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of New York, as if the Terms and Conditions were a contract wholly entered into and wholly performed within New York. Any dispute relating in any way to your visit to the Website shall be submitted to confidential arbitration in New York, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in New York, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

 

10. PURCHASE POLICIES

All products available on the Website and any samples that are provided to you, are for personal and or professional use only. By purchasing on the Website you agree that all products purchased and or samples that you purchased or otherwise received from us are not to be sold or resold. We reserve the right to cancel and refuse any order that you place with us. We reserve the right, with or without notice to prohibit orders that in our sole judgment, appear to be placed by dealers, resellers or distributors.

10. ACCURACY OF BILLING AND ACCOUNT INFORMATION

You agree to provide current, complete, and accurate purchase and account information for all purchases made on the Célik Beauty online store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed in connection with your transactions.

11. CHANGING TERMS

Célik Beauty may change the Terms of Use and Sale at any time and without notice to you. The Terms of Use and Sale in force at the time you place your order will govern your purchase and serve as the purchase contract between us. Before your next purchase, Célik Beauty may have changed the Terms of Use and Sale without notice to you. Please be sure to review the current Terms of Use and Sale each time you visit the Célik Beauty. We recommend that you save or print a copy of the Terms of Use and Sale for future reference when you make a purchase.

12. PRODUCT AVAILABILITY AND QUANTITY AND ORDER LIMITS

Product prices and availability are subject to change at any time and without notice. Célik Beauty may place a limit on the quantities that may be purchased per order, per account, per credit card, per person, or per household

Célik Beauty  may refuse or reject any order at any time, refunding you any monies you have paid for the order, for reasons which include, but are not limited to, if you have not met the conditions specified at the time of the order, if your payment cannot be processed, if the ordered products or services are not available, or for obvious errors on the Website or made in connection with your order. If we are unable to supply the products or services that you ordered, we will contact you and may offer you an alternative product to consider instead. If you do not choose to purchase the alternative product, we will cancel your order. In the event of obvious errors on the Website or made in connection with your order, we reserve the right to correct the error and charge you the correct price. In that situation, we will contact you and offer you the option of purchasing the product at the correct price or canceling your order.

Credits or refunds will be made to the same method of payment and account used to place the order.

13. PRICING AND PAYMENT

Unless otherwise specified, prices shown on the Website exclude all taxes or charges (“Taxes”) that may apply to your purchase. Prices shown on the Website also exclude delivery costs. Taxes and delivery costs will be added to the amount of your purchase and shown on the check-out page. You will have an opportunity to review the taxes and delivery costs before you confirm your purchase. Each item in your Shopping Cart is shown at the current price.

We reserve the right to change our payment options at any time and for any reasons. If offers are made in your local currency and are payable in another currency with an international credit card, final price in your currency will depend on the foreign exchange rates, taxes and fees applied by your bank or the issuer of your international credit card issuer. These transactions may be subject to taxes and/or fees on international transactions not charged by Célik Beauty.

14. AUTOMATIC RENEWAL PRODUCTS / SUBSCRIPTION CONDITIONS

Provided that automatic renewals are allowed in your country, region, province, or state, you may purchase subscriptions from us that automatically renew. If you purchase such subscription products and provide us with a payment method, you (i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; (ii) authorize Célik Beauty  to charge you for the services using your payment method; and (iii) authorize Célik Beauty to charge you for any paid feature of the services that you choose to sign up for or use while this agreement is in force. We will inform you by email before automatically renewing any subscription products. Once we have informed you that your subscription will be automatically renewed, we may automatically renew your services and charge you the then current price for the renewal term. We will also remind you that we will bill your chosen payment method for the services renewal, whether it was on file on the renewal date or provided later. We will also provide you with instructions on how you may cancel the services. You must cancel the services before the renewal date to avoid being billed for the renewal.  If you choose to cancel your subscription before the renewal date, your subscription will remain active until the next billing cycle; there are no prorated cancellation refund policies in place at this time.

15. RETURN POLICY

Célik Beauty’s return policy is in addition to any statutory return rights you may have under law. Célik Beauty will accept returns for items that meet the return criteria set forth below for 15 days from the date of purchase, as applicable. THESE RETURN CRITERIA CONDITION ANY RIGHT OF RETURN DESCRIBED IN THIS POLICY OR ELSEWHERE WITHIN CÉLIK BEAUTY, OTHER THAN THOSE REQUIRED UNDER LAW. We may deny any return or exchange if it fails to meet our return criteria.

RETURN CRITERIA AND EXCEPTIONS:

– Items must be unopened, unused, and not tampered with in any way.

– Returnable items must be in a condition that permits us to resell them.

If the reason for return is that items have been damaged during transit, please document damages and include documentation in the package of items to be returned.

To qualify, all returns and exchanges must be accompanied by the original receipt, included in the original shipment.  Failure to include such items may prevent or delay your refund or exchange. Refunds will be made in the same method as payment unless you select to exchange or replace the item. When you make a qualifying return, we will credit the full amount, less the original shipping and handling charges, if any, and you will receive your refund in approximately 2-3 weeks.

If you have any questions regarding these Terms and Conditions, please contact us using our online form here.

Copyright ©2017 Célik Beauty. All worldwide rights reserved.