OVERVIEW
This website is operated by Cosmenic. Throughout the site, the terms “we”,
“us” and “our” refer to Cosmenic. Cosmenic offers this website, including all information,
tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms,
conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us,
you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of
Service”, “Terms”), including those additional terms and conditions and policies referenced herein
and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation
users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these
Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you
agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement,
then you may not access the website or use any Services. If these Terms of Service are considered an offer,
acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to
the current store shall also be subject to the Terms of Service. You can review the most current version of the
Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms
of Service by posting updates and/or changes to our website. It is your responsibility to check this page
periodically for changes. Your continued use of or access to the website following the posting of any changes
constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the
online e-commerce platform that allows us to sell our products and Services to you.
SECTION 1 -
ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of
majority in your state or province of residence, or that you are the age of majority in your state or province of
residence and you have given us your consent to allow any of your minor dependents to use this site.
You may
not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any
laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or
viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an
immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
You
understand that your content (not including credit card information), may be transferred unencrypted and involve (a)
transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting
networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not
to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to
the Service or any contact on the website through which the Service is provided, without express written permission
by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise
affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate,
complete or current. The material on this site is provided for general information only and should not be relied
upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more
timely sources of information. Any reliance on the material on this site is at your own risk.
This site may
contain certain historical information. Historical information, necessarily, is not current and is provided for your
reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to
update any information on our site. You agree that it is your responsibility to monitor changes to our
site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right
at any time to modify or discontinue the Service (or any part or content thereof) without notice at any
time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or
discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or Services may be available exclusively online through the website.
These products or Services may have limited quantities and are subject to return or exchange only according to our
Refund Policy: [LINK TO REFUND POLICY]
We have made every effort to display as accurately as possible the
colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display
of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products
or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We
reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or
product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right
to discontinue any product at any time. Any offer for any product or Service made on this site is void where
prohibited.
We do not warrant that the quality of any products, Services, information, or other material
purchased or obtained by you will meet your expectations, or that any errors in the Service will be
corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole
discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may
include orders placed by or under the same customer account, the same credit card, and/or orders that use the same
billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify
you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve
the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or
distributors.
You agree to provide current, complete and accurate purchase and account information for
all purchases made at our 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.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor
have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is”
and “as available” without any warranties, representations or conditions of any kind and without any
endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party
tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and
discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by
the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through
the website (including the release of new tools and resources). Such new features and/or Services shall also be
subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials
from third-parties.
Third-party links on this site may direct you to third-party websites that are not
affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant
and will not have any liability or responsibility for any third-party materials or websites, or for any other
materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the
purchase or use of goods, Services, resources, content, or any other transactions made in connection with any
third-party websites. Please review carefully the third-party's policies and practices and make sure you understand
them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products
should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER
SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries)
or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether
online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time,
without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that
you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay
compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor,
edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous,
defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or
these Terms of Service.
You agree that your comments will not violate any right of any third-party, including
copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your
comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus
or other malware that could in any way affect the operation of the Service or any related website. You may not use a
false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the
origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no
responsibility and assume no liability for any comments posted by you or any third-party.
SECTION
10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy
Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains
typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions,
offers, product shipping charges, transit times and availability. We reserve the right to correct any errors,
inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or
on any related website is inaccurate at any time without prior notice (including after you have submitted your
order).
We undertake no obligation to update, amend or clarify information in the Service or on any related
website, including without limitation, pricing information, except as required by law. No specified update or
refresh date applied in the Service or on any related website, should be taken to indicate that all information in
the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED
USES
In addition to other prohibitions as set forth in the Terms of Service, you are
prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or
participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules,
laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual
property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or
discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code
that will or may be used in any way that will affect the functionality or operation of the Service or of any related
website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam,
phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or
circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve
the right to terminate your use of the Service or any related website for violating any of the prohibited
uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be
uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the
use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for
indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that
your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services
delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for
your use, without any representation, warranties or conditions of any kind, either express or implied, including all
implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose,
durability, title, and non-infringement.
In no case shall Cosmenic, our directors, officers, employees,
affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss,
claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including,
without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar
damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your
use of any of the Service or any products procured using the Service, or for any other claim related in any way to
your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or
any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted,
transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states
or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages,
in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by
law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Cosmenic and our parent, subsidiaries,
affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors,
suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees,
made by any third-party due to or arising out of your breach of these Terms of Service or the documents they
incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15
- SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful,
void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable
law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination
shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 -
TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date
shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless
and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that
you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or
we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may
terminate this agreement at any time without notice and you will remain liable for all amounts due up to and
including the date of termination; and/or accordingly may deny you access to our Services (or any part
thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of
Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or
operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and
understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous
agreements, communications and proposals, whether oral or written, between you and us (including, but not limited
to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of
Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall
be governed by and construed in accordance with the laws of Indonesia.
SECTION 19 - CHANGES TO
TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this
page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of
Service by posting updates and changes to our website. It is your responsibility to check our website periodically
for changes. Your continued use of or access to our website or the Service following the posting of any changes to
these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT
INFORMATION
Questions about the Terms of Service should be sent to us at info@cosmenic.net
Our
contact information is posted below:
Cosmenic.net
Info@cosmenic.net