Welcome to our Kudos Beauty LLC (the "Company", "we", "us" or "our", whose registered office is at 910 Foulk Road, Suite 201, Wilmington, New Castle County, Delaware 19803) website (the "Site") which is subject to the following terms and conditions (the "Terms and Conditions").
By accessing or using the Site, you acknowledge that you have read, understood, and agreed, without limitation or qualification, to be bound by these Terms and Conditions.
Please note that our other regional sites may be subject to additional or different terms and conditions and we strongly recommend you to review them. From time to time the Company may run competitions and promotions via the Site or its Facebook page (www.facebook.com/rougebunnyrouge). Separate terms and conditions will be posted where applicable governing such competitions and promotions.
The Site is not intended or designed for children under the age of 13. Children under 13 may look at the Site, but are not permitted to make a purchase, become a registered user, enter competitions, polls or other promotions, submit customer surveys, sign-up for emails or post comments on the Site or the Company's social media sites. If we discover someone under the age of 13 is a registered user or has otherwise provided us with their personal information, we will remove their personally identifiable registration information from our files. If you are under 13 and would like to make a purchase, please ask a parent to place the order for you. To be eligible to purchase goods on this Site and to lawfully enter into and form contracts on this Site under English law you must: (a) be aged 13 or older; and (b) register on the Site; and (c) be the holder of a valid credit card or a bank account.
This contract shall be concluded in English.
All prices indicated for products available via the Site are exclusive of Sales Tax (where applicable) at the current rates and are exclusive of delivery charges. The total cost of your order is the price of the products ordered and delivery charges as set out in the Shipping & Returns section of the Site. Prices and promotions held in our high street stores may not apply to this Site, unless otherwise stated, and vice versa. Please note that offers are subject to availability and may end before originally advertised.
While we will use our best reasonable efforts to ensure that all product details, descriptions, colours, images, weights, dimensions, prices and other information (the "Product Descriptions") appearing on the Site are correct at the time when the relevant information was entered onto the system, to the maximum extent permitted by law, we do not warrant or represent that such Product Descriptions available on the Site are accurate, complete, reliable, current, or error-free. While we have tried to accurately display the colours of products, the actual colours you see will depend on your monitor and may not be accurate. There may be occasional errors on the Site for which we apologise and we draw your attention to our limitation of liability in Section 21 below. Although we aim to keep the Site as up to date as possible, the information including product descriptions appearing on this Site at a particular time may not always reflect the product exactly at the moment you place an order. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We cannot confirm the price of a product until your order is accepted in accordance with our order acceptance policy. See Section 7 below.
The products and services available on the Site, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples thereof, you purchase or otherwise receive from us. Please note that samples are subject to availability. All of the products purchased from the Site should be used in accordance with the product's instructions, precautions and guidelines. The statements made about products on the Site are for informational purposes and are not intended to diagnose, treat, cure or prevent any condition or disease.
We reserve the right, with or without notice, to cancel or reduce the quantity of any orders that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.
You will be guided through the process of placing an order by a series of simple instructions on the Site. You will be offered the opportunity to review your proposed order and confirm or correct it prior to finally placing your order. You place your order request for goods from the Site by clicking on the Submit button at the end of the online order process.
Unless we have notified you that we do not accept your order, our acceptance of your order and the completion of the contract between you and us will take place when we have dispatched the goods ordered by you. To cancel your order after it has been dispatched to you, you will need to follow the returns procedure as outlined in the Shipping & Returns Policy.
If you require any information regarding your order(s) please contact Customer Service.
If we are unable to fulfill your order following our order acknowledgement, we will contact you by email advising you of this.
You may pay using any of the following methods:
- Credit card
You confirm that the credit card or PayPal account that is being used is yours.
All credit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses or does not, for any reason, authorise payment to us, whether in advance or subsequent to a payment, we will not be liable for any delay or non-delivery.
We will retain the legal ownership of the goods until full payment has been made by you and such payment has been received by us. Legal ownership of the goods will immediately revert to us if we refund any such payment to you.
Risk in the goods will pass to you upon delivery to you.
We will deliver the goods in accordance with the delivery option selected by you during the order process. Any delivery timescales quoted to you are indicative only. Orders may be delivered in one or more parts. We do not accept any liability whatsoever for delayed delivery caused by any third party.
If you have not received the entire order as detailed in the order confirmation email sent to you when an order is received, please contact Customer Service.
You are responsible for ensuring that the personal information you provide to us is up to date. If your personal information changes then please notify us immediately by contacting Customer Service.
Alternatively, you can update your details through the "My Account" page.
You are responsible for maintaining the confidentiality of your account and password and for taking all reasonable measures to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your password has become known to somebody else, or is likely to be used in any way that is unauthorised by you, you should contact us immediately. If you forget your password we will reset it upon your request and send it to the email address, which you specified when you registered.
Your account can be cancelled at any time by contacting Customer Service.
You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
We reserve the right to refuse service and/or terminate accounts without prior notice if you violate these Terms and Conditions or if we decide, in our sole discretion, that it would be in the Company's best interests to do so.
Users of our Site and Facebook page have the opportunity to post certain content, such as comments on our Facebook page and reviews on our Site ("User Comments"). User Comments do not necessarily reflect the views of the Company, and the Company does not guarantee the accuracy, truthfulness or reliability of any User Comment, nor endorse any opinions expressed in any User Comment. The Company assumes no responsibility or liability for or in connection with any User Comment. You are solely responsible for any User Content you post on the Site, and once posted or transmitted, cannot always be edited or withdrawn. All User Comments must comply with the Company's Comment Submission Policy below.
The Company encourages User Comments on the Site and Facebook page. You must be a registered user to submit a User Comment on the Site. User Comments are subject to the following rules: Stay on topic and be respectful of others. Never submit anything unlawful, threatening, abusive, harassing, obscene, defamatory, any material that would violate the law or the rights of others, or any material that you know or think might be false, inaccurate or misleading. Please do not post "ad hominem" or personal attacks against other users or the Company's employees. Although you are welcome to reference and link to other blogs and web sites in your comment, commercial solicitations or advertising for other personal or commercial blogs and websites are not permitted. Repeatedly making the same post in multiple places is not allowed, and links to obscene or offensive sites are strictly prohibited. When in doubt, remember, the Site and our Facebook page are public forums. Use the same judgment and care you would when standing in front of an audience of thousands.
By submitting any User Content, you represent and warrant that:
- you are the sole author and owner of the intellectual property rights thereto;
- all "moral rights" that you may have in such content have been voluntarily waived by you;
- all content that you post is accurate;
- you are at least 13 years old;
- use of the content you supply does not violate these Terms and Conditions and will not cause injury to any person or entity.
You further agree and warrant that you shall not submit any User Content:
- that is known by you to be false, inaccurate or misleading;
- that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
- for which you were compensated or granted any consideration by any third party;
- that includes any information that references other websites, addresses, email addresses, contact information or phone numbers;
- that contains any computer viruses, worms or other potentially damaging computer programs or files.
The Company may, but has not obligation to, monitor and/or moderate User Content. All User Content that you submit may be used in the Company's sole discretion. The Company reserves the right to change, condense or delete any User Content that in the Company's sole opinion violates this Comment Submission Policy, the rights of others or any applicable law, or is in any way harmful, objectionable or otherwise inappropriate. The Company also has the right (but not the obligation) to terminate a registered user's account or right to post User Comments to the Site or Facebook page.
By submitting a User Comment, you grant the Company a perpetual, irrevocable, royalty-free, transferable right (but not the obligation) and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.
None of the User Content that you submit shall be subject to any obligation of confidence on the part of the Company, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.
All content available on the Site and Facebook page, including, but not limited to, text, graphics, logos, button icons, images, audio clips, video clips, data compilations, and software, and the compilation thereof (collectively, the "Content") is the property of the Company, our affiliates, partners or licensors and is protected by international copyright laws.
The trademarks, logos, and service marks displayed on the Site and Facebook page (collectively, the "Trademarks") are the registered and unregistered marks of the Company, our affiliates, licensors or partners, in the United Kingdom and other countries, and are protected by international trademark laws.
All other Trademarks not owned by us, our affiliates, partners or licensors that appear on the Site and Facebook page are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
Except as set forth in the limited license in the following Section 17, or as required under applicable law, neither the Content, the Trademarks, nor any other portion of the Site and Facebook page may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent.
We grant you a limited, revocable, and non-exclusive license to access and make personal use of the Site. This limited license does not include the right to:
- frame or utilise framing techniques to enclose the Site or any portion thereof;
- modify or download the Site or its contents (except caching or as necessary to view content);
- make any use of the Site or its Content other than personal use;
- create any derivative work based upon either the Site or its Content;
- collect account information for the benefit of another party;
- use any meta tags or any other "hidden text" utilising our name or the Trademarks; or
- use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
We also grant you a limited, revocable, and non-exclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use ONLY.
A website that links to our Site
- may link to, but not replicate, our Content;
- may not imply that we are endorsing such website or its services or products;
- may not misrepresent its relationship with us;
- may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content that is lawful and appropriate for all ages;
- may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions;
- may not use any Trademark without express written permission; and
- may not link to any page of the Site other than the home page.
We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you agree that you will immediately remove such link. Any unauthorised use by you of the Site terminates the limited license set forth in this Section without prejudice to any other remedy provided by applicable law.
We are not responsible for the content or operation of any off-site pages or any other third party websites linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Links to third party websites may also be posted by third parties on the Company's social media presences or applications (e.g., Facebook).
Your linking to or from any off-site pages or other sites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-site pages or any other third party websites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy statements and terms and conditions.
We strongly advise that you carefully review the terms and conditions and privacy policies of all off-site pages and any third party websites that you visit.
It is our policy to decline unsolicited suggestions and ideas. Any solicited or unsolicited enquiries, feedback, suggestions, ideas or other information you provide us (collectively, "Submissions") will be treated as non-proprietary and non-confidential.
You also acknowledge that your submission may not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.
If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from or in connection with your claims to any rights in any Submission.
The Site is presented "as is". We make no representations or warranties of any kind whatsoever, express or implied, in connection with these Terms and Conditions or the Site, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.
You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort or otherwise), under any circumstances, for any
- interruption of business;
- access delays or access interruptions to the Site;
- data non-delivery, misdelivery, corruption, destruction or other modification;
- loss or damages of any sort incurred as a result of dealings with or the presence of off-site links on the Site;
- 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 sites;
- any inaccuracies, omissions or misleading, false or deceptive statement in the content; or
- events beyond our reasonable control.
Further, to the fullest extent permitted by law we will not be liable for any direct, indirect, special, incidental, or consequential damages of any kind (including lost profits) related to the Site regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages.
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your use of the Site.
You also agree to indemnify us for any loss, damages, or costs, including but not limited to reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
If you wish to complain about any matter in respect of the Site please contact our Customer Service.
Your use of the Site and any purchase by you of any goods from the Company shall be governed by US law and the parties hereto submit to the exclusive jurisdiction of the US courts.
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site.
Your continued use of the Site constitutes your agreement to all such terms and conditions.
We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us.
Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
No failure to exercise and no delay on the part of either party in exercising any right, remedy, power or privilege of that party under these Terms and Conditions and no course of dealing between the parties shall be construed or operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
The rights and remedies provided by these Terms and Conditions are cumulative and are not exclusive of any rights or remedies provided by law. Time shall not be of the essence of these Terms and Conditions as regards any of the times, dates and/or periods mentioned herein.
In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole.
We will amend or replace such provision with one that is valid and enforceable and which achieves, to the largest extent possible, our original objectives and intent as reflected in the original provision.
If you have any questions regarding these Terms and Conditions, please contact our Customer Service.