Terms Of Use

Last updated: August 2021

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE – YOUR ATTENTION IS DRAWN IN PARTICULAR TO SECTIONS 4 and 7 (WE DO NOT SELL BEAUTY PRODUCTS & DISCLAIMER, LIABILITY AND INDEMNITY)

Your use of our site is governed by these terms which contain important details including about who we are, what you and we can do with content on the site, limits on our liability and responsibility and how to make a complaint.

These terms, together with any and all other documents referred to herein, set out the terms on which you may use our website www.cosmetify.com and any associated application and platform (collectively our ‘site’). Please read these terms carefully. By using our site, you are deemed to have accepted these terms of use and agreed to comply with them. If you do not agree to these terms, you must stop using our site immediately.

Information about us
1. Our site is owned and operated by Cosmetify Limited, a UK private limited company registered in England under 11000096, whose registered office is at Portland, 25 High Street, Crawley, West Sussex, United Kingdom, RH10 1BG (‘we/us/our’).
2. You can contact us via our partners, press or influencers pages, or by writing to us at Portland, 25 High Street, Crawley, West Sussex, United Kingdom, RH10 1BG .
We may make changes
1. We amend these terms from time to time and we will indicate at the top of this page the date on which these terms were last revised. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.
2. Any changes made will become binding on you upon your first use of our site after the changes have been implemented. In the event of any conflict between the current version of these terms and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
Access to and use of our site
1. Our site is made available free of charge. It is your responsibility to make any and all arrangements necessary in order to access our site.
2. You may not access or use our site if you are under the age of 18. By accessing the site, you represent and warrant that you are an individual (not a corporation) and at least 18 years old. We have the right to block or terminate your access to the site in the event that we become aware that you are under the age of 18.
3. Access to our site is provided “as is” and on an “as available” basis. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw, restrict or discontinue the availability of all or any part of our site with or without notice. We will not be liable to you in any way if our site (or any part of it) is unavailable at any time and for any period but we will try to give you reasonable notice of any suspension or withdrawal.
4. We may update and change our site from time to time to reflect changes to our users' needs, the law and/or our business priorities. We will try to give you reasonable notice of any major changes.
Purchasing beauty products via the Cosmetify Checkout Service
1. Our site allows you to browse thousands of beauty products sold by our retail partners, add them to your shopping basket and purchase them through our Checkout service, all whilst using the same website. This allows you to purchase multiple beauty products from various retailers in one transaction. We will process and accept the orders from you when you use our Checkout Service as agent for our retail partners, and you will enter into a contract for the supply of beauty products with our retail partners, rather than us.
2. When we process your orders, we will share your personal data securely with our retail partners, including your shipping address for delivery. Our retail partners will then be responsible for your data. Please refer to their individual privacy policies for more information.
3. Our site is provided solely as an online venue for connecting retailers with consumers. We act solely as an agent for retailers and accordingly we are not a party to any transaction or contract with any retailer that you may enter into for the purchase of a product and we have no liability in respect of such products or transactions. We make no warranties as to the quality, safety, or legality of any products advertised on our site. You acknowledge and agree that you are not making a purchase from us and are not entering into a contract with us. Your purchase is from the retailer in question, and your contract is with that seller. We will not be a party to any complaint or dispute between you and any retailer or have any liability therefor. Any claims must be made directly against the retailer concerned and you agree to release us from and indemnify us against any and all claims, demands and damages of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.
4. Where our site contains resources provided by third parties, and information relating to products featured on our site including but not limited to product descriptions, pricing, ingredients and reviews, this is provided for your information only. Stock and prices are updated automatically by the retailers and feed into our site on a daily basis and we are therefore entirely reliant on the information provided to us by our retail partners. Whilst we use reasonable endeavours to correct any errors or omissions as soon as practicable once they have been brought to our attention, we make no representations or warranties regarding the accuracy or completeness of the information provided by these third parties or posted about third party products (or their prices) on our site. We will not be responsible for any advertising on the site including, but not limited to, any errors, inaccuracies, or omissions. We are in no way responsible for any products sold by third parties which may be purchased from our site. You understand that by using our site you may be exposed to content that is inaccurate or that you may find offensive, indecent or objectionable and that, in this respect, you use the site at your own risk.
5. By law, sellers must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information that they provide to buyers, and that match any samples or models that they have shown to the buyer. As a consumer, you have certain legal rights with respect to the purchase of goods and services. For full details of your legal rights and guidance on exercising them, it is recommended that you contact your local Citizens Advice or Trading Standards Office.
6. We do not endorse or approve any third-party products or retailers, nor the content of any of the third-party websites which may be displayed on our site. We make no representation or warranty, and accept no liability, for material published on our site which is not under our control.. Products, content and materials published on our site have not been verified or approved by us.
Payments
1. If you wish to purchase a product, you can add it to your basket. To make worldwide shipping easy, we have included duties and taxes in the product price where possible. If you are ordering from within your own Customs zone or region, import duties will not be applicable; however, you may need to pay VAT or local sales taxes. Once a product is in your basket, you can go through the payment process to pay for the products. The final price will be shown during the checkout process, and by proceeding you confirm that you are happy for us to complete your order and take payment. Our checkout process lists the payment methods that we accept.
2. Once you have placed an order with us we will notify you of acceptance of the order and entry into a contract for sale acting as agent for our retail partners. To the extent that the published terms and conditions of the retail partner are inconsistent with this term, then this term shall prevail.
3. To the extent that a provision of the terms and conditions of a retail partner provide that a contract is formed only when accepted by the retail partner (including when products are dispatched) then such provision shall not apply.
4. Once the contract for sale has been entered into our retail partners will confirm that they are able to fulfil the sale. You will only be charged once the retail partner has confirmed that it is able to fulfil the sale. If the retail partner is unable to fulfill the sale we will inform you, the contract for sale will be cancelled and funds will not be taken.
5. You agree that retail partner's liability for the failure to deliver in accordance with the sale is limited to refund of the purchase price and charges.
6. When you purchase products using our Checkout Service, we will pass your payment details to our third party payment processor, Stripe. These details will be collected, processed and stored in accordance with our Privacy Policy. We do not see or hold your payment details at any time, nor do we pass these on to our retail partners. Your payment details are encrypted and submitted directly to Stripe.
7. Your payment receipt will show the name 'Cosmetify' against your purchase, but you will receive separate confirmation emails from each retail partner that you have purchased from, showing details of each individual purchase.
Returns and Cancellation
1. If you wish to cancel or return any part of your order, you must contact our retail partners directly. Your purchase is from the retailer in question, and your contract is with that seller. They are solely responsible for accepting returns and cancellations.
2. As a consumer, you can cancel your order and obtain a refund within 14 working days from delivery. Each of our retail partners will have their own returns and cancellation process and we recommend referring to their own terms and conditions for this information. As a consumer, you can cancel your order and obtain a refund within 14 working days from delivery. Each of our retail partners will have their own returns and cancellation process and we recommend referring to their own terms and conditions for this information.
Restrictions and termination
1. When using our site you must ensure that you comply fully with any and all local, national or international laws and/or regulations.
2. You shall not (except as may be allowed by any applicable law and except to the extent expressly permitted by us):
  1. use the site in any way, or for any purpose, that is unlawful or fraudulent or which may expose us or the other site users to any harm or liability;
  2. attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, resell, or distribute all or any portion of the site (or any content posted on the site) or otherwise exploit material from our site for a commercial purpose in any form or media or by any means;
  3. attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the site;
  4. attempt to gain unauthorised access to all or any part of the site, or attempt to discover the underlying source code or structure, or the functionality provided by us, in order to build a product or service which competes with our service;
  5. license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit the site, or otherwise make the site available to any unauthorised third party;
  6. use our site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind;
  7. use our site for any purpose other than your personal use or in accordance with these terms; or
  8. misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
3. You may link to the homepage of our site provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link or frame any content on our site in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our site from any website that is not owned by, or validly licensed to, you and you agree to indemnify us for any loss if this is not the case.
4. We reserve the right to suspend or terminate your access to our site if you materially breach the provisions of these terms. We may take further legal action against you as appropriate.
Intellectual property
1. You acknowledge and agree that we and/or our licensors own all intellectual property rights (including but not limited to copyright and trademarks) in connection with our site and the service we offer via our site, including, but not limited to, text, graphics, logos, icons, photographs, images, sound clips, video clips, data compilations, page layout, underlying code and software code and data comprising the site, which are protected by intellectual property laws and treaties around the world.
2. COSMETIFY is a registered UK and international trademark owned by Cosmetify Limited.
3. Except as expressly stated herein, these terms do not grant you any rights to, under or in, any patents, copyright, database right, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licences in respect of the site or our service.
4. You may print off one copy, and may download extracts, of any page(s) from our site for your personal use. You may not delete or in any manner alter the copyright, trademark, or other proprietary rights notices appearing on any content published on our site.
5. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
6. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
7. You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors. This does not prohibit the normal access, viewing and use of our site for general information purposes whether by business users or consumers.
8. If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Disclaimer, liability and indemnity
1. The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. We do not guarantee that any part of our site is suitable for use in commercial situations or that it provides accurate information or advice on which business decisions can be based. It is your responsibility to take precautions and use common sense when using the site.
2. This site may include information and materials posted by other users of the site and third parties. This information and these materials have not been verified or approved by us. The views expressed by others on our site do not represent our views or values. If you have any complaints about any content posted on the site, then please contact us in accordance with the complaints procure set out in clause 8.
3. Although we use all reasonable skill and care to make sure that our site is secure and free of viruses and other malware, you need to take responsibility for the security of your personal details and computer and you should use your own virus protection software. To the fullest extent permitted by law, we are not liable for our site being disrupted or unavailable as a result of causes beyond our control (including, ISP/host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions), or for any loss or damage arising from a virus, other malware, hacking or any other harmful material or event that may damage or disrupt your hardware, software, data or other material as a result of you using our site (including clicking on or downloading any content from it) or any other site referred to on our site.
4. Although we make reasonable efforts to update the information on our site and ensure it is correct, to the fullest extent permissible by law, we exclude all representations, warranties, and guarantees (whether express or implied) that may apply to our site or any content included on our site. We do not warrant that your use of the site will be uninterrupted or error-free or that it will meet your requirements or expectations, that it will be fit for a particular purpose, that it will be compatible with all software and hardware, secure, non-infringing, or that any specific results may be achieved. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, our site or use of or reliance on any content displayed on our site.
5. We shall not be responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the site may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
6. You shall, to the extent permitted by law and except as otherwise expressly provided in these terms, be solely responsible for procuring, maintaining and securing your network connections and telecommunications links from your systems to our data centres, and all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to your network connections or telecommunications links or caused by the internet is expressly excluded.
7. Subject to clause 7.8, we will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, interruption to business, loss of sales, loss of goodwill or reputation, loss of anticipated savings, loss of business opportunity, loss or corruption of data or information, pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under these terms, even if it could have been foreseen.
8. Nothing in these terms seeks to limit or exclude our liability for death or personal injury caused by our negligence (including that of our employees, agents or sub-contractors); for fraud or fraudulent misrepresentation; or for any other matter in respect of which liability cannot be excluded or restricted by law.
Complaints and copyright infringement notification process

If you have any specific complaints about our site, another user, any content appearing on our site, or any other aspects of our service then you can contact us. Please note that we are under no obligation to take any action against a user or other person unless required by law.
Data protection
1. For complete details of our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to our Privacy Notice and Cookie Policy.
Communications from us
1. If you subscribe to our beauty news, offers, stock alerts and price alerts, we may send you and you agree to receive email notifications relating to such news, offers and alerts (and you may opt-out of such notifications at any time). All personal information you submit will be collected, used, and held in accordance with your rights and our obligations under the law, as set out in clause 9.
2. We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by us include an unsubscribe link. If you opt out of receiving emails from us at any time, it may take a reasonable period of time for your new preferences to take effect.
General
1. These terms constitute the entire agreement between us and you with respect to their subject matter. You acknowledge that you have not relied upon any statement, representation, warranty, assurance, or promise made by or on behalf of us that is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based upon any statement herein.
2. We may transfer (assign) our obligations and rights under these terms to a third party (this may happen, for example, if we sell our business). If this occurs, your rights under these terms will not be affected and our obligations under these terms will be transferred to the third party who will remain bound by them.
3. You may not transfer (assign) or subcontract your obligations and rights under these terms without our express written permission.
4. The contract is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these terms.
5. If any of the provisions of these terms are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these terms, which shall be valid and enforceable.
6. No failure or delay by us in exercising any of our rights under these terms means that we have waived that right, and no waiver by us of a breach of any provision of these terms means that we will waive any subsequent breach of the same or any other provision.
7. Nothing in these terms creates any partnership or joint venture between you and us, or makes either you or us the other party's agent. Neither party has any authority to act as an agent for, or to bind, the other in any way.
Law and Jurisdiction

These terms, their subject matter and their formation, are governed by and construed in accordance with English law. Any disputes relating to these terms shall be subject to the exclusive jurisdiction of the courts of England.