Introduction
Welcome to our website, Kristofer Buckle® Makeup, Cosmetics, Mascara (the “Site”). These Terms and Conditions are a legal agreement between you and Kristofer Buckle® Makeup, Cosmetics, Mascara that set out your rights and responsibilities when you use our Site and purchase our products and services.
Please read these Terms carefully before using our Site. By accessing and using the Site, you agree to be bound by these Terms and all applicable laws, regulations and policies. If you do not agree to these Terms, you may not use our Site or purchase our products.
These Terms may be updated from time to time. The most current version will always be posted on our Site. Please check back regularly to keep informed of updates, as they are binding on you.
Definitions
- “Kristofer Buckle”, “Us”, “Our”, “We” refers to Kristofer Buckle® Makeup, Cosmetics, Mascara, the owner and operator of the Site.
- “You”, “Your”, “User”, refers to you as a user of the Site.
- “Site” refers to the website located at kristoferbuckle.shop and all associated webpages, content and services.
- “Content” refers to all text, images, information, data, copy, audio, code and other materials accessible through the Site.
- “Products” refers to all merchandise and services offered for sale on the Site.
- “Order” refers to a request to purchase Product(s) placed by You on the Site.
Eligibility to Use the Site
The Site is intended solely for users who are eighteen (18) years of age or older. Any registration, use or access to the Site by anyone under 18 is unauthorized, unlicensed and in violation of these Terms. By using the Site and agreeing to these Terms, you represent and warrant that you are 18 years of age or older.
Privacy Policy
Please refer to our Privacy Policy which explains how we collect, use, share and protect information about You when you access and use the Site and purchase our Products. The Privacy Policy is incorporated by reference into these Terms.
By agreeing to these Terms, you agree to the collection, use and sharing of your data in accordance with our Privacy Policy.
Your Account
You may need to create an account to use certain features of the Site or to purchase Products. You agree to provide accurate, current and complete registration information. You may not impersonate any other person or use a name that is not your own. It is your responsibility to update your account information to keep it current and accurate.
You are fully responsible for all activities that occur under your username and password. You agree to immediately notify us of any unauthorized use of your username, password or account. We are not liable for any loss or damage arising from your failure to protect your login credentials.
You may not register for more than one account. Accounts registered by bots or other automated methods are not permitted. We reserve the right to suspend or terminate accounts that, in our sole discretion, violate these Terms, violate any applicable law or are fraudulent.
You can edit your account information or delete your account at any time through the Site. If you wish to delete your account, please contact us at [email protected]. We will make reasonable efforts to fulfill account deletion requests but some information may remain in backup copies for our records.
Intellectual Property Rights
The Site and all materials on the Site, including but not limited to text, images, illustrations, graphics, photographs, video and audio clips, designs, trademarks, service marks, and logos, are protected by copyright, trademarks, patents, trade secrets and other proprietary rights under United States and foreign laws.
All Content and intellectual property rights therein are the property of or are licensed to Kristofer Buckle® Makeup, Cosmetics, Mascara and are protected by applicable copyright and trademark law. We reserve all rights not expressly granted. Except as expressly authorized by us or by third party rights holders, you agree not to reproduce, modify, rent, lease, loan, sell, distribute or create derivative works based on any Content, in whole or part.
The trademarks, service marks, designs, and logos of Kristofer Buckle® Makeup, Cosmetics, Mascara (the “Kristofer Buckle® Makeup, Cosmetics, Mascara Trademarks”) displayed on the Site are registered and unregistered trademarks of Kristofer Buckle. Our trademarks may not be used in connection with any product or service that does not belong to us or in any manner that is likely to cause confusion with customers, or that disparages or discredits us. Nothing on the Site should be construed as granting any license or right in or to our trademarks.
Any feedback, suggestions, ideas, improvements, modifications or other communications or materials (“Feedback”) provided to Kristofer Buckle® Makeup, Cosmetics, Mascara through or in relation to the Site are entirely voluntary and We will own all Feedback, comments, and suggestions provided to Us or any of Our affiliates and will be entitled to use Feedback for any purpose, entirely without obligation of any kind to You.
Acceptable Use Policy
You agree to use the Site only for lawful purposes and in accordance with our Acceptable Use Policy below:
- You will not post or transmit any material or information that is illegal, threatening, false, misleading, abusive, harassing, libelous, defamatory, obscene, pornographic, promotes violence, violates intellectual property rights, invades anyone’s privacy, or is otherwise objectionable.
- You will not use the Site to harm minors, exploit minors, or transmit any child pornography. You will not impersonate or misrepresent your affiliation with any person or entity.
- You will not access or use the Site to violate laws or regulations of the United States or any other jurisdiction, including but not limited to laws related to copyright, trademark, privacy, or criminal activities.
- You will not post or transmit any unsolicited advertising, promotional materials, junk mail, spam, or any other forms of solicitation.
- You will not upload or transmit any software viruses, Trojan horses, worms, time bombs, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Site.
- You will not disrupt the normal flow of communication, interfere with the operation of the Site, or otherwise act in a manner that negatively affects other users’ ability to use the Site.
- You will not attempt to gain unauthorized access to the Site, user accounts, computer systems or networks.
We reserve the right to terminate your access to the Site if, in our opinion, your use violates any of these Terms or our Acceptable Use Policy.
User Content
Users may have the opportunity to post content on the Site, including but not limited to product reviews, comments or questions in community forums, text, photos, videos, etc (“User Content”). User Content is subject to moderation and will only appear on the Site after it has been reviewed and approved by our content review team.
By posting User Content, you grant Kristofer Buckle® Makeup, Cosmetics, Mascara a perpetual, worldwide, royalty-free license to reproduce, modify, adapt, publish, distribute, publicly perform and display such User Content on the Site. This license will terminate when you delete your User Content from the Site.
You are solely responsible for ensuring your User Content complies with our Acceptable Use Policy above. We reserve the right to remove or modify User Content in our sole discretion if we consider it objectionable or in violation of these Terms.
User Representations and Warranties
By posting or submitting any User Content, you affirm, represent and warrant all of the following:
- You are at least 18 years old and have the legal right and ability to enter into these Terms with Kristofer Buckle® Makeup, Cosmetics, Mascara.
- Your User Content and our use of such Content as permitted by these Terms does not and will not violate or infringe any rights of any third party.
- You have obtained any and all necessary permissions, rights and licenses to grant us the license described above.
- You waive any moral rights in your User Content for the purposes of its submission to and publication on the Site.
- Your User Content does not contain libelous, defamatory or otherwise unlawful content.
- We are not under any confidentiality obligation relating to any User Content.
- The information contained in your User Content is true, complete and accurate.
Reviews
Users may post reviews of Products. Reviews containing any of the following are strictly prohibited and will be removed:
- Obscene, defamatory, libelous or threatening language
- False statements about the Product, its effects or features
- Comparisons to a competing Product not sold on our Site
- Personal information or private facts about another person
- Advertising or spam content
- Reviews paid for by a third party
We reserve the right to accept, reject or remove reviews at our sole discretion.
Purchasing Products
Products offered for sale on the Site are intended for end users only. You represent and warrant that any Products purchased will be used only by you or members of your household.
Prices, availability and specifications for Products are subject to change without notice. We make reasonable efforts to accurately display product images, descriptions and pricing. However, some differences may occur. The price charged for the product will be the price in effect at the time the order is placed.
Product images are for illustrative purposes only. The actual product shipped may differ from the image displayed, for example in color, materials, packaging etc. We are not liable for such variations.
Once you complete your Order by clicking the checkout button, your purchase is final. Orders cannot be changed or cancelled once placed.
Certain Products may have additional eligibility requirements, limitations or disclaimers, which will be disclosed on the individual Product detail page prior to completing your Order.
Shipping and Delivery
We will arrange for Products to be shipped to the delivery address you provide when placing your Order. Please ensure the address is complete and accurate to avoid delays. Delivery dates are estimates only – your Order may arrive before or after the estimated delivery date.
Title and risk of loss pass to you when Products are delivered to the carrier. We are not liable for delays in shipping.
Taxes
Applicable sales tax will be collected at checkout based on the shipping address and applicable law. Tax rates are beyond our control and are subject to change without notice.
Returns and Refunds
Please choose your Products carefully. Because all Products are custom made when ordered, we do NOT accept returns or provide refunds except for defective products or items damaged during shipping.
If you receive a defective or damaged Product, please contact us within 10 days of delivery to report the issue and return the item. We will arrange a replacement Product or full refund as appropriate.
Disclaimers
Your access to and use of the Site is at your own risk. Products and services are provided on an “as is” and “as available” basis without any warranties of any kind, expressed or implied.
We disclaim all warranties, conditions and other terms implied by statute or common law to the fullest extent permitted by applicable law, including warranties of merchantability, fitness for a particular purpose and non-infringement. No advice or information provided by us shall create any warranty.
We do not warrant that the Site will operate uninterrupted, be timely or error-free. We may suspend, limit or terminate operation of the Site, change or remove features or functionality, or add fees at any time without notice or liability.
The Site may contain inaccuracies and typographical or clerical errors. We are not liable for any errors or omissions in Site content.
We make no representations about Third Party content accessible on or through the Site. Access and use of third party sites and resources is at your own risk.
To the fullest extent permitted by law, Kristofer Buckle® Makeup, Cosmetics, Mascara disclaims all liability arising out of your access and use of the Site and will not be liable for any indirect, consequential, exemplary, punitive or special damages, or damages from loss of profits, revenue, goodwill or data, arising our of your use of the Site.
Indemnity
You agree to defend, indemnify and hold harmless Kristofer Buckle® Makeup, Cosmetics, Mascara, our affiliates, vendors, and licensors, officers, directors, agents, contractors and employees, from any damages, liabilities, claims or expenses arising out of your use of the Site, violation of these Terms, or violation of any rights of a third party.
Limitation of Liability
Our maximum liability arising out of your use of the Site, regardless of the cause of action, is limited the amount you paid to Kristofer Buckle® Makeup, Cosmetics, Mascara in the previous 12 months.
Termination
We reserve the right to terminate your use of the Site at any time without notice, which may result in forfeiture and deletion of information associated with your membership. All provisions relating to disclaimers, limitations of liability, indemnification and applicable law will survive termination.
Governing Law
These Terms shall be governed and interpreted in accordance with the laws of the United States and the State of California. Any disputes relating to these Terms or your use of the Site will be subject to the exclusive jurisdiction of the state and federal courts in the State of California, and you consent to personal jurisdiction of those courts.
The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms. If any provision of these Terms is found to be unlawful, void or unenforceable, that provision shall be deemed severable and will not affect the enforceability or validity of the remaining provisions.
Changes to these Terms
We reserve the right to amend these Terms at any time in our sole discretion. If we make changes, we will notify you by revising the date at the top of this page and, in some cases, provide you with additional notice. We strongly encourage you to review these Terms whenever we update them to stay informed about our information practices and your rights. Your continued use of our Site acts as acceptance of such changes.
Contact Us
Please contact us with any questions regarding these Terms and Conditions at [email protected] or mailing address:
Kristofer Buckle® Makeup, Cosmetics, Mascara
123 Makeup Lane
Los Angeles, CA 90001
Effective Date: March 1, 2023