Terms of Service


Terms of Service

WELCOME TO THE LAGUNA COSMETICS WEBSITE (the ‘site’)

DEFINITIONS

This website is operated by Laguna Cosmetics. ‘’Seller/we/our/us/Laguna means Laguna Cosmetics, based in Amsterdam, (registered in the Netherland) and the company’s website www.lagunacosmetics.com. ‘’Customer’’ means the person or company to whom this document is addressed. ‘’Site’’ shall mean www.lagunacosmetics.com and ‘’order’’ shall mean the submission of an order for products on the website by the customer.

GENERAL INFORMATIONS

1.1 These terms and conditions are applicable to the supply of products made by us, hereafter referred as Laguna Cosmetics, to the buyer hereafter referred as the customer.

1.2 Laguna Cosmetics provides the content and services available on the site to you. By visiting our site and/or purchasing something from us, you subject to the following terms and conditions, our privacy policy, and any other terms and conditions and policies which you may find on the site in connection with certain functionality, features or promotions as well as customer service, all of which are a part of and included within these terms and conditions. Also including those additional terms and policies referenced herein and/or available by hyperlink.

1.3 By accessing or using the site, you are acknowledging that you have read, understand and agreed, without limitation or qualification, to be bound by these terms and conditions. Please read the terms and conditions carefully before accessing or purchasing something from the site.

1.4 By accessing or purchasing, 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 site or purchase products from the site.

1.5 Any new features or tools which are added to the current site shall also be part of the terms and conditions. The most current version of the terms and conditions are at any time available at the website www.lagunacosmetics.com.

1.6 We reserve the right to update, change of replace any parts of sections of these terms and conditions. We will post an update about the changes of these terms and conditions on our website. It is your responsibility to check this page for changes. For further use or access to the website an acceptance of those changes is necessary.

PRIVACY

2.1 For a detailed overview of our privacy police, please review our privacy policy as stated on the site.

ONLINE STORE TERMS AND GENERAL CONDITIONS

3.1 By agreeing to these terms of conditions you represent that you are at least the age of majority in your jurisdiction, or that you are the age of majority in your jurisdiction and you have given us your consent to allow any of your minor dependents to use or purchase from the site.

3.2 You may not use our products for any illegal or unauthorized purpose.

3.3 You must not transmit any viruses or any code of a destructive nature on the site.

3.4 The headings used in this agreement are included for convenience only and will not limit or otherwise affect these terms and conditions.

INTELLECTUAL PROPERTY

4.1 The customer shall respect all license agreements delivered by the copyright owners. Laguna Cosmetics cannot be held responsible of liable for any misuses conducted by the customer or any third party.

4.2 All trademarks shown on www.lagunacosmetics.com  belong to their registered owners and must not be copied without prior permission.

4.3 You must not use any part of the materials on the site for commercial purposes without obtaining a license to do so from us or our licensors.

PRODUCTS AND SERVICES FOR PERSONAL USE

5.1 The products and services available on this site, and any samples thereof we may provide to you, are for personal and/or professional use only.

5.2 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the products or samples thereof, you purchase or otherwise receive from us.

5.3 We reserve the right to refuse service to anyone for any reason at any time or to cancel or reduce the quantity of any order to be filled or products or services to be provided to you that we believe may result or are a violation of our terms and conditions. Any orders placed on the website are not considered accepted until we have shipped the order.

ACCURACY OF INFORMATION

6.1 We are always working our hardest to make sure the information available on the website is complete. We can not warrant that the products descriptions, colors, prices, information or other content available on the site are accurate, complete, reliable, current or error-free. We can not guarantee that the colors you see on the monitor will be accurate.

6.2 The information on the 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 the site is at your own risk.

6.3 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. With agreeing to these terms and conditions you agree that it is your responsibility to monitor changes to our site.

6.4 From time to time there may be information on the site that contains typographical errors, inaccuracies and omissions and may not be complete or current and we reserve the right to correct any errors, inaccuracies or omissions. Please we aware that we can change or update information at any time without prior notice.

6.5 Please note that such errors, inaccuracies or omissions relate to pricing and availability and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.

MODIFICATIONS TO THE SERVICE AND PRICES

7.1 Prices of our products are subject to change without notice.

7.2 We reserve the right at any time to modify or discontinue products from the site (or any part of content) without any notice at any time.

7.3 We shall not be liable to you or to any third-party for any modification, price change, suspension of discontinuance of any products or prices of the site.

BILLING AND ACCOUNT INFORMATION

8.1 We reserve the right to refuse any order you place with us. In the event that we make a change or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing and/or shipping address/phone number provided by the time the order was made.

8.2 We reserve the right to limit or prohibit order that, in our sole judgement, appear to be placed by dealers, resellers of distributors.

8.3 You agree to provide current, complete and accurate purchase and account information for all your purchased made at our store. You agree to often update your account and other information, including your emailaddress, so that we can complete your transactions and contact you as needed.

8.4 For more detailed information about our Return Policy, please check the Return Policy as stated on the site.

THIRD-PARTY LINKS

9.1 Any use by you of 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 and conditions on which tools are provided by the relevant third-party provider(s).

9.2 New services and/or features through the website shall also be subject to these terms and conditions.

9.3 Certain contents, products and services available via our site may include materials from third-parties.

9.4 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.

9.5 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.

9.6 We ask you to carefully review the third party’s terms and conditions 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.

ORDERING FROM LAGUNA COSMETICS

10.1 All orders are subject to acceptance and availability. Upon placing an order with Laguna Cosmetics, the customer will receive an order acknowledgement and subsequent update email(s). Receipt of the acknowledgement and these emails does not confirm that the order has been accepted by Laguna Cosmetics.

10.2 Products purchased from Laguna Cosmetics are not for re-sale or distribution. Laguna Cosmetics reserves the right to cancel any orders which are suspected are being purchased for re-sale or distribution.

10.3 For a detailed overview of our return and delivery policy, please look at the site.

PASSING OF PROPERTY

11.1 Laguna Cosmetics shall retain the property of the goods until full payment has been made by the customer and has been received. The customer will own the goods once full payment has been received by Laguna Cosmetics.

DELIVERY

12.1 If you order goods from the site for delivery to one of the international delivery destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.

12.2 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing any order.

12.3 You must comply with al applicable laws and regulations of the country of which the products are destined. We will not be liable or responsible if you break any such law.

12.4 For more information about estimated delivery times, please check the site for a detailed overview.

PASSING OF RISK

13.1 Customer will assume risk of the products ordered once they have been delivered to the address specified on the order. Laguna Cosmetics accept no liability for undelivered parcels where the customer provides an incorrect or invalid delivery address and/or fails to collect the order from the delivery address specified following our reasonable efforts to contact you to deal with this.

13.2 In the event of an order being lost by a third party which has either been authorized by you to accept the products or a courier commissioned by you to deliver the products, Laguna Cosmetics bears no risk once it has been delivered to them. Where goods have been received damaged, you have the right to get a one time replacement if we are notified within 7 days of delivery by email with a picture of the damaged product included. There is a chance we ask you to return the goods.

13.3 The customer shall inspect the goods within a reasonable time after their delivery. The customer shall notify the seller by email if the goods are faulty or misdescribed and shall be entitled to a full refund, to get the product repaired or replaced or to get some of their money back if received a picture of the damaged product.

PROHIBITED USES

14.1 In additions to other prohibitions as set forth in the terms and conditions, you are prohibited from using the site or its content:

  1. for any unlawful purpose;
  2. to solicit others to perform or participate in any unlawful acts;
  • to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
  1. to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
  2. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
  3. to submit false or misleading information;
  • 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 site or of any related website, other websites, or the Internet;
  • to collect or track the personal information of others;
  1. to spam, phish, pharm, pretext, spider, crawl, or scrape;
  2. for any obscene or immoral purpose; or
  3. to interfere with or circumvent the security features of the site or any related website, other websites, or the Internet.

14.2 We reserve the right to terminate your use of the site or any related website for violating any of the prohibited uses.

DISCLAIMER OF WARRANTIES: LIMITATION OF LIABILITY

15.1 You agree that neither we nor our partners, subsidiaries, affiliates, partners or licensors will be responsible or liable in contract, warranty or in tort for any

  1. interruption of business;
  2. access delays or access interruptions to the site;
  • data non-delivery, misdelivery, corruption, destruction or other modification;
  1. loss or damages of any sort incurred as a result of dealing with or the presence of off-website links on the site;
  2. computer viruses, system failures or malfunctions which may occur in connection with your use of the site, including during hyperlink to or from third party websites;
  3. any inaccuracies or omissions in content or;
  • events beyond our reasonable control.

15.2 Further, neither we nor our parents, subsidiaries, affiliates, partners, or licensors will be liable in contract, warranty, or in tort (including negligence) for any indirect, special, incidental, or consequential damages of any kind (including lost profits) related to the site or you use thereof.

15.3 You agree that no claims or action in contract, warranty, or in tort (including negligence) arising out of, or related to, the use of the site or these terms and conditions may be brought by you more than (1) year after the cause of action relating to such claim or action arose.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

16.1 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.

16.2 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.

16.3 We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these terms and conditions.

16.4 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 site 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.

16.5 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.

16.6 We have the right to remove any material or posting you make on the site if, in our opinion, such material does not comply with the content standards.

INDEMNIFICATION

17.1 You agree to indemnify, defend and hold harmless Laguna Cosmetics and our parents, subsidiaries, affiliates, partners of licensors, 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 and conditions or the documents they incorporate by reference, or your violation of any law or the right of a third-party.

SEVERABILITY

18.1 In the event that any provision of these terms and conditions are 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 and conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION

19.1 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

19.2 These terms and conditions are effective unless and until terminated by either you or us. You may terminate these terms and conditions at any time by notifying us that you no longer wish to use our site, or when you cease using our site.

19.3 If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these terms and conditions, 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 site.

19.4 Any ambiguities in the interpretation of these terms and conditions shall not be construed against the drafting party.

ENTIRE AGREEMENT

20.1 The failure of us to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision.

20.2 These terms and conditions and any policies or operating rules posted by us on this site or in respect to the site constitutes the entire agreement and understanding between you and us and govern your use of the site, 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 and conditions).

20.3 Any ambiguities in the interpretation of these terms and conditions shall not be construed against the drafting party.

GOVERNING LAW

21.1 These terms and conditions and any separate agreements whereby we provide you services of the site shall be governed by and construed in accordance with the laws of the Netherlands, as if the terms and conditions were a contract wholly entered into and wholly performed within the Netherlands.

21.2 Any dispute in any way relating to the use of our site shall be submitted by the confidential judges from the Netherlands and you agree to submit yourself to the jurisdiction and proceedings thereof.

CONTACT INFORMATION

Questions about the terms and conditions should be sent to us at info@lagunacosmetics.com.