Terms and Conditions
TERMS AND CONDITIONS
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OVERVIEW
This website is operated by Costiq. The terms "we," "us," "our" and "our" on this site refer to Costiq. Costiq offers this website and all information, tools and services made available to you through this website to you - the user - conditioned upon your acceptance of all terms, conditions, policies and notices contained herein.
By visiting our site and/or purchasing anything from us, you are using our "Service" and agreeing to the following terms and conditions (hereinafter referred to as "Terms and Conditions" or "Terms"), including additional terms and policies referenced or linked to below. These Terms and Conditions apply to all users of the site, including users visiting the site, suppliers, customers, merchants and/or persons contributing content.
Please read these Terms and Conditions carefully before accessing or using our website. If you access or use portions of the site, you agree that these Terms and Conditions are binding on you. If you do not agree to all the provisions of this agreement, you may not visit the site or use any of the services. To the extent these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.
The Terms and Conditions also apply to new features or tools that may be added to the current store. The applicable version of the Terms and Conditions can always be found on this page. We reserve the right to modify, change or replace the Terms and Conditions in whole or in part by publishing updates and/or changes on our website. You are responsible for checking this page regularly to see if anything has changed. Your continued use of the website after we have published changes will constitute your acceptance of those changes.
Our store is hosted by Shopify Inc. They provide us with the online commerce platform that allows us to sell our products and services to you.
ARTICLE 1 - CONDITIONS ONLINE STORE
By agreeing to these Terms and Conditions, you represent that you are of legal age under the laws of your country of residence, or that as an adult under the laws of your country of residence you have given us permission for minors for whom you are responsible to use this site.
You may not use our products for any unlawful or unauthorized purpose. You also may not violate the laws of your jurisdiction (including copyright laws) when using the Service.
You may not forward worms, viruses or malicious code.
Your failure to comply with any provision of these Terms and Conditions will result in the immediate termination of your Services.
ARTICLE 2 - GENERAL PROVISIONS
We reserve the right to refuse our service to anyone for any reason and at any time.
You acknowledge that your content (except credit card data) may be transmitted without encryption and that this may involve (a) transmission over different networks; and (b) modifications to the data to meet technical requirements imposed by connected networks or devices. Credit card data is always encrypted when transmitted over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service, use of the Service, or access to the Service or element on the website through which the Service is provided, without our express written consent
The headings in this Agreement are for your convenience only and do not detract from or otherwise affect these Terms.
ARTICLE 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information on this site is inaccurate, incomplete or outdated. The material on this site is provided as general information only and should not be used as the sole basis for decisions, without consulting primary, more accurate, complete or recent sources of information. If you rely on the material on this site, you do so at your own risk.
This site may contain certain historical data. Historical data, by its nature, is not current and is provided for reference only. We reserve the right to change the content of this site at any time, but we are under no obligation to update information on our site. You agree that you are responsible for checking changes to our site.
ARTICLE 4 - CHANGE OF PRICES AND SERVICE
Prices for our products are subject to change without notice.
We reserve the right to change or discontinue the Service or any part of it periodically and without notice.
We will not be liable to you or any third party for any adjustment, price change, suspension or discontinuance of the Service.
ARTICLE 5 - PRODUCTS OR SERVICES (if applicable).
Certain products or services may be offered exclusively online through the website. These products or services may be available in limited quantities and can only be returned or exchanged in accordance with our Return Policy.
We make every effort to display the colors and images of our products in the store as accurately as possible. However, we cannot guarantee that your computer screen will display all colors correctly.
We reserve the right to limit the sale of our products or Services to certain persons, regions or jurisdictions, but we are under no obligation to do so. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantity of products or Services we offer. All product descriptions and prices are subject to change by us at any time and in our sole discretion, without notice. We reserve the right to discontinue offering a product at any time. Any offer on this site for any product or service is void where such offer is prohibited.
We do not guarantee that the quality of any products, services, information or other materials you purchase or obtain will meet your expectations, or that errors in the Service will be corrected.
ARTICLE 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any orders you place with us. Purchases may be limited or canceled by us at our discretion, on a per person, per household or per order basis. These restrictions may also be imposed on orders by or through the same
customer account or the same credit card, and/or orders with the same billing and/or delivery address. If we change or cancel an order, we may notify you using the e-mail address and/or billing address or telephone number you provided when placing the order. We reserve the right to limit or refuse orders that we believe have been placed by merchants, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information each time you purchase from our store. You agree to always promptly update your account information and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you if necessary.
Please read our Return Policy for more information.
ARTICLE 7 - OPTIONAL TOOLS
We may give you access to third-party tools that we do not control and over which we have no control or input.
You agree that access to such tools is provided to you as is ("as is") and to the extent available ("as available"), without any warranty, condition or support thereof from us. We shall not be liable in any way for or in connection with your use of optional third-party tools.
You use optional tools provided through the site entirely at your own choice and risk, and you must ensure that you have read and agreed to the terms and conditions under which these tools are provided by the relevant third-party vendors.
If we proceed to offer new services and/or features through the website (such as the release of new tools and resources), these Terms and Conditions will apply to such new features and/or services.
ARTICLE 8 - THIRD PARTY LINKS
Certain content, products and services available through our Service may contain material from third parties.
Third-party links on this site may direct you to external websites with which we have no affiliation. We have no obligation to examine or review the content or accuracy, and we make no warranties and assume no liability for any third-party materials or websites or other materials, products or services provided by third parties.
We will not be liable for any damages or harm regarding the purchase or use of goods, services, tools or content, or other transactions, associated with third-party websites. Please study the third party's policies and practices carefully before entering into any transaction with them. Complaints, claims, concerns or questions regarding third party products should be directed to that third party.
ARTICLE 9 - COMMENTS, FEEDBACK AND OTHER SUBMISSIONS FROM USERS
If you submit something at our request (for example, as part of a contest) or send creative ideas, suggestions, proposals, plans or other materials on your own accord, whether online, via email, regular mail or other means (collectively referred to as "comments"), you agree to
agree that we may edit, copy, publish, distribute, translate and otherwise use any Feedback you transmit to us at any time and without limitation. We are under no obligation to (1) keep any comment confidential; (2) pay a fee for any comment; or (3) respond to any comment.
Without being obligated to do so, we may monitor, edit or remove content that we, in our sole discretion, find to be unlawful, abusive, threatening, defamatory, libelous, pornographic, obscene or otherwise objectionable or to violate these Terms and Conditions or the intellectual property rights of any party.
You agree not to post comments that infringe on the rights of third parties, including copyrights, trademark rights, the right to privacy, personality rights or other subjective or property rights. You further agree not to post comments that contain defamatory or otherwise unlawful, offensive or obscene material, or that contain computer viruses or other malware that may impair the operation of the Service or any related website. You may not use false e-mail addresses or impersonate anyone else, or otherwise mislead us or outside parties as to the source of any response. You are solely responsible for all comments you post and for their accuracy. We accept no responsibility or liability for comments posted by you or any third party.
ARTICLE 10 - PERSONAL DATA
Our Privacy Policy governs how we collect and use personal data. Read our Privacy Policy here.
ARTICLE 11 - ERRORS, INACCURACIES AND OMISSIONS
There may be typographical errors, inaccuracies or omissions on our site or in the Service that may relate to product descriptions, prices, promotions, offers, shipping costs, shipping times and availability. If information in the Service or on any related website is inaccurate, we reserve the right to correct errors, inaccuracies or omissions, change or update information, or cancel orders at any time, without notice (including after you have placed an order).
We do not undertake to update, modify or clarify any information in the Service or on any related website, including pricing information, unless we are required to do so by law. Mentioning a date in the Service or on any related website when information has been updated or renewed does not mean that all information in the Service or on any related website has been changed or updated.
ARTICLE 12 - PROHIBITED USES
In addition to other prohibitions contained in the Terms and Conditions, you may not use the site and its contents:
(a) for unlawful purposes; (b) to induce others to commit or participate in unlawful acts; (c) to violate international, national or local laws and regulations; (d) to infringe our intellectual property rights or the intellectual
property rights of others; (e) to harass, insult, damage, discredit, defame, belittle, intimidate or discriminate against people on the basis of gender, sexual orientation, religion, ethnic or national origin, race, age or disability; (f) to transmit false or misleading information;
(g) to engage in uploading or transmitting viruses or other malicious code that may or will be used in a manner that impairs the functionality or operation of the Service or any related website, other websites or the Internet; (h) to collect or track the personal data of others; (i) for spam, phishing, pharming, pretexting, spidering, crawling or scrapping; (i) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security of the Service or any related website, other websites or the Internet.
We reserve the right to discontinue your use of the Service or any related website pursuant to this prohibited use provision.
ARTICLE 13 - EXCLUSION OF WARRANTY; LIMITATIONS OF LIABILITY
We do not guarantee that our Service will be uninterrupted, timely, secure or error-free during your use.
We do not guarantee the accuracy or reliability of the results that may be obtained from the use of the Service.
You agree that we may periodically remove the Service for an indefinite period of time and terminate it at any time without prior notice to you.
You expressly agree that you use the Service entirely at your own risk, and that you bear the sole risk of any unavailability of the Service. The Service and all products and services provided to you through the Service are (unless we expressly provide otherwise) provided to you as is ("as is") and to the extent available ("as available"), without any express or implied warranty of any kind, including warranties of merchantability, merchantable quality, fitness for a particular purpose, durability, title or non-infringement. In no event shall Costiq, our directors, officers, affiliates, agents, representatives, work contractors, contractors, interns, suppliers, service providers or licensors be liable for any prejudice, loss, any damage or any claim or any direct, indirect, incidental or special damages, punitive damages, or consequential damages of any kind, including damages from loss of profits, loss of sales, loss of savings or data, replacement costs, or any similar damages, whether in contract, tort (including negligence) in strict liability or otherwise, arising out of your use of the Service or products obtained through the Service, or for any other claim related in any way to your use of the Service or any product, including claims for errors or omissions in content, or any loss or damage of any kind incurred as a result of your use of the Service or any content (or any product) posted, transmitted or otherwise made available through the Service, even if we have been advised of the possibility of such damages.
Because some jurisdictions do not allow liability for incidental or consequential damages, our liability for such damages is limited to the fullest extent permitted by law.
ARTICLE 14 - INDEMNIFICATION
You agree to indemnify, defend and hold Costiq and our parent, subsidiaries, affiliates, partners, directors, officers, (commercial) agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees harmless from and against any claim or demand made by any third party, including reasonable attorneys' fees, arising out of any breach by you of these Terms and Conditions or the documents incorporated by reference herein, or any violation by you of any provision of law or regulation or the rights of a third party.
ARTICLE 15 - SEVERABILITY
If any provision of these Terms and Conditions is unlawful, void or unenforceable, such provision shall remain in force to the fullest extent permitted by law and such provision shall be deemed severable from these Terms and Conditions without affecting the validity and enforceability of the remaining provisions.
ARTICLE 16 - TERMINATION
The commitments and obligations entered into by the parties prior to the date of termination shall in all cases survive the termination of this Agreement.
These Terms and Conditions will remain in effect until terminated by you or by us. You may terminate these Terms and Conditions at any time by informing us that you no longer wish to use our Services, or by ceasing to visit our website.
If in our sole discretion we believe or suspect that you have breached any provision of these Terms and Conditions, we may terminate this agreement at any time and without notice and you will remain liable for all amounts due up to and including the date of termination. In addition, we may also deny you access to our Services (or any part thereof).
ARTICLE 17 - ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms and Conditions does not constitute a waiver of such right or provision.
These Terms and Conditions and any policies or operating rules published by us on this website or with respect to the Service constitute the entire agreement between you and us and govern your use of the Service. They supersede all prior and
existing oral and written agreements, communications and proposals between you and us (including previous versions of the Terms and Conditions).
If any provision of these Terms and Conditions is open to multiple interpretations, it cannot be construed against us.
ARTICLE 18 - APPLICABLE LAW
These Terms and Conditions and any other agreements pursuant to which we provide you with the Services shall be exclusively executed and construed in accordance with the laws of Veghel, The Netherlands.
ARTICLE 19 - AMENDMENTS TO THESE TERMS OF SERVICE
The applicable version of the Terms and Conditions can always be found on this page.
We reserve the right to modify, amend or replace all or part of the Terms and Conditions at our discretion by posting updates and changes on our website. You are responsible for checking our website periodically to see if anything has changed. Your continued access to our website or use of the Service after we post changes to these Terms and Conditions will constitute your acceptance of those changes.
ARTICLE 20 - SMS/MMS Mobile Message Marketing Program.
The Costiq mobile messaging service (the "Service") is operated by Costiq ("Costiq," "we," or "us"). Your use of the Service constitutes your agreement to these terms and conditions ("Mobile Terms"). We may change or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also change these Mobile Terms at any time, and your continued use of the Service after the effective date of any such changes will constitute your agreement to such changes.
By consenting to Costiq's texting/texting service, you agree to receive recurring texting/texting messages from and on behalf of Costiq through your wireless carrier to the mobile number you have provided, even if your mobile number is registered on a state or federal Do Not Call list. Text messages may be sent through an automatic dialing system or other technology. Service-related messages may include updates, alerts and information (e.g., order updates,account alerts, etc.). Promotional messages may include promotions, special offers and other marketing offers (e.g.shopping cart reminders).
You understand that you do not need to sign up for this program to make purchases and that your consent is not a prerequisite for a purchase from Costiq. Your participation in this program is completely voluntary. We do not charge for the service, but you are responsible for all charges and fees related to text messages imposed by your wireless carrier. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless carrier for more information. You are solely responsible for all charges related to text messages, including charges from your wireless carrier.
If you have subscribed to other Costiq mobile messaging programs and wish to cancel, unless otherwise required by applicable law, you must opt out of those programs separately by following the instructions in the respective mobile terms and conditions.
For support or service assistance, send an email to [email protected].
We may change the short code or telephone number we use for the Service at any time and will notify you of such changes. You acknowledge that messages, including STOP or HELP requests, that you send to a short code or phone number that we have changed may not be received and that we are not responsible for honoring requests in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to give us a valid mobile number. If you get a new mobile number, you must sign up for the Program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for any failed, delayed or misdirected delivery of information transmitted through the Service, any errors in such information and/or any action you may or may not take based on the information or the Service.
You agree to indemnify, defend and hold us harmless from any third party claims, liability, damages or expenses arising out of your use of the Program or from your providing us with a telephone number that is not your own. If at any
moment intend to discontinue using the cell phone number used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will use the
complete the Opt-Out process described above before terminating your use of the cell phone number. You understand and agree that your consent to do so is a mandatory part of these Terms and Conditions. You further agree that if you change your phone number without notifying us of such change, you will be responsible for all costs (including attorney's fees) and liabilities
incurred by us, or any party assisting in the delivery of the mobile SMS/MMS messages, as a result of claims made by individual(s) to whom that cell phone number is later assigned. This duty and agreement shall survive cancellation or termination of your agreement to participate in any of our Programs.
You agree that we shall not be liable for any failed, delayed or misdirected delivery of information transmitted through the Program, any errors in such information and/or any action you may or may not take based on the information or the Service.
You may not use or engage with the Platform if you are under thirteen (13) years of age. If you are using or engaging with the Platform and are between the ages of thirteen (13) and eighteen (18), you must have the consent of your parents or legal guardian to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under thirteen (13) years of age, are between thirteen (13) and eighteen (18) years of age and have the consent of your parents or legal guardian to use or engage with the Platform, or that you are of age of majority in your jurisdiction. By using or engaging with the Platform, you acknowledge and agree that you are permitted by Applicable Laws in your jurisdiction to use and/or engage with the Platform.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Statement.
Article 21 - Disclaimers
21.1 Product use and results:
The lip plumpers sold on Costiqbeauty.com are cosmetic products intended to temporarily plump the lips. Results may vary from person to person and we make no guarantees regarding the size or duration of the plumping effect. The product must be used as directed and improper use may result in adverse effects. We recommend performing a patch test before full use to ensure that there is no allergic reaction. To perform a patch test, apply a small amount of the product to your forearm or other non-visible area and wait 24 hours to check for a reaction.
21.2 Health & Safety:
Costiqbeauty.com lip plumpers are for external use only. If irritation, swelling or an unexpected reaction occurs, discontinue use immediately and consult a physician. Individuals with a history of skin sensitivity or allergies, or individuals who have had previous cosmetic procedures (such as fillers or injections) on their lips, should consult a physician before using our products. Costiqbeauty.com is not responsible for health problems resulting from the use of our products.
21.3 No medical advice:
The contents of Costiqbeauty.com, including product descriptions, customer testimonials and other materials, are for informational purposes only and should not be considered medical advice. Our products are not intended to diagnose, treat, cure or prevent medical conditions. Always seek the advice of a qualified health care provider regarding medical problems.
21.4 Limitation of Liability:
Costiqbeauty.com and its affiliates shall not be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of, or inability to use, our products. By purchasing our products, you agree to use them at your own risk. While we make every effort to provide safe, high-quality products, Costiqbeauty.com cannot guarantee that our products will meet your specific expectations or that any errors in the product will be corrected.
21.5 Individual Results May Vary
Although our products, including lip plumpers and other cosmetic items, have been used successfully by many people to improve their appearance, results can and will vary. Factors such as skin type, medical history and adherence to instructions for use influence the final outcome. Costiq cannot guarantee specific results for individual users, and we recommend using our products with realistic expectations.
ARTICLE 22 - CONTACT INFORMATION
Questions about these Terms and Conditions can be sent to [email protected].