3. Website Availability
4. Acceptable Use
You agree to abide by all applicable local, state and national laws and regulations. In the event that Cloud Ten Beauty, in its sole discretion, considers that you are making any illegal and/or unauthorised use of the Website, and/or your use of the Website is in breach of these Terms, we reserve the right to take any action that we deem necessary, including terminating without notice your use of the Website and, in the case of illegal use, instigating legal proceedings.
6. Intellectual Property Rights
All materials incorporated in or accessible through this website, including but not limited to text, photographs, images, graphics, illustrations, logos, button icons, audio clips, video clips, software and other content, and the compilation, collection, arrangement and assembly thereof (including the look and feel of the site), remains the property of Cloud Ten Beauty, or it's licensors and as such are protected by Irish and international copyright laws. All such rights are reserved. Such materials may be used only for using this website in the ordinary course.
For example you may store, print and display the content supplied solely for your own personal use. You may re-copy, extract or forward pages from this website to a third party for their personal use only. Any other use of such materials, including copying, reproduction, republication, editing, sale, transmitting, uploading or incorporating into any other materials, any of the website, without prior written permission is strictly prohibited.
7. Submission of Material, Product Reviews, Community Areas
We advise you never reveal personal information about yourself or anyone else (telephone number, home address, business address, delivery address, or email address or any other details) that would allow you or others to be personally known.
8. Pricing, Description and Product Information
All prices for products are as quoted on the website except in the case of an obvious error. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it.
All prices are inclusive of VAT and are subject to change. All sale prices quoted are valid only while stock lasts. Delivery costs will be added to the total amount at checkout. Cloud 10 Beauty are not liable for any additional taxes or duties that may be imposed by your country.
9. Purchasing Products
All orders are subject to availability and confirmation of the order price. If in the unlikely event of an item forming part of your order is out of stock, we will inform you of this by email and indicate when the item will be back in stock. You will also be given the opportunity to cancel that part of the order. Where part of your order is out of stock we may send the rest of your order to you and send the remainder of your order at a later date. You will not be charged any additional postage costs for the out of stock items. Unfortunately, at this time, we do not accept changes to orders after they have been placed. Therefore, please be sure that your order is correct before confirming your order.
Once you've placed an order on www.cloud10beauty.com, we will send you an email to acknowledge your order. This acknowledgment does not imply an acceptance of the order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
For orders paid via credit or debit cards, your card will be debited once the order has been placed. If you have paid through a PayPal account, your account will be charged when the order is placed.
In order to purchase from this website, you must be aged 16 years or more and possess a valid credit/debit card issued by a bank acceptable to us. Your order will only be processed if your credit card billing address and card security code can be verified by our credit card payment acquisition company. If your order is accepted we will inform you through email. When placing an order you undertake that all the details provided by you to us are true and accurate, that you are an authorized user of the credit or debit card used to place the order and that there are sufficient funds to cover the costs of the goods.
10. Discount Codes
11. Gift Vouchers
In some cases your delivery may require a signature. Please ensure that you will be available to sign for the delivery at the delivery address you specify.
Where a delivery partner fails to make a delivery to you, either because you were not available at the address provided when delivery was attempted and you did not collect the order within the time frame set out by the delivery partner or because the address you provided is incorrect or does not exist, and as a result your order is returned, we will make a charge to you for the costs we incur in sending the item to you and in paying for its return. We will issue you with a refund upon receipt of the parcel for the amount remaining after the deduction of these charges. We regret that we cannot be held responsible for a delay in the parcel being returned to us or if the courier failed to notify you of an attempted delivery. In these cases please contact the delivery company directly.
You can cancel your order within the 14 day period by emailing email@example.com and providing a brief explanation as to the reason for the return and quoting your invoice number. We will process the refund due to you as soon as possible, and always within 30 days of the day you have given notice of your cancellation. We will issue you with a full refund however you will need to return the entire order at your cost if you have already received them. In all cases the goods must be in their original condition and will be inspected on their return. If we do not receive the cancelled order back, we may arrange to have them collected at your cost. The cost of sending the item to you will be refunded, however, if only part of your order is cancelled, the delivery charge will not be refunded.
In the unlikely event that your product is faulty upon arrival we will happily refund your item when it is returned to us within 14 days from the date of purchase. Please contact us within 7 days of receipt of the product and we will be able to assist you. We will offer you a refund or exchange within 14 days of receiving the returned item/s. We will refund the monetary value of the goods returned to us, at the price you purchased them including the delivery charges for sending the item to you.
We will refund back to the original method of payment charged only (e.g. credit card, debit card, gift voucher).
In some cases we can also accept returns of beauty products where you have experienced irritation or allergic reaction. If this occurs, please contact us so that we can determine the nature of the problem. Allergy returns must not be more than 20% used. For returns of this type, we will need to pass your name and contact details on to the relevant manufacturer, so that they can contact you regarding quality control if necessary.
It is not possible to return any products that are on final or are reduced to clear after the seven-day cooling off period for refund or exchange unless the products are faulty or damaged.
Please read Delivery and Returns for more information on our returns procedure.
15. Limitation of Liability
- THE USE OR THE INABILITY TO USE THE WEBSITE;
- THE USE OF ANY CONTENT OR OTHER MATERIAL ON THE SITE OR ANY WEBSITE OR WEBSITES LINKED TO THE SITE;
- THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS WEBSITE;
- UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
- STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS WEBSITE; OR
- ANY OTHER MATTER RELATING TO THIS WEBSITE.
IN NO EVENT SHALL CLOUD TEN BEAUTY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT INCLUDING, BUT NOT LIMITED TO NEGLIGENCE) EXCEED THE AMOUNT PAID BY YOU TO CLOUD TEN BEAUTY, IF ANY, FOR ACCESSING THIS WEBSITE OR IN MAKING A PURCHASE THEREON. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEBSITE, OR WITH ANY OF THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THIS WEBSITE.
Cloud Ten Beauty is not responsible for any injury and or damage to any individual as a result either directly or indirectly of any information published on this website. Where the Website or any Submission made by any user includes views, opinions, advice and recommendations, these views, opinions, advice and recommendations are not endorsed by Cloud Ten Beauty and, to the maximum extent permitted by law, Cloud Ten Beauty shall not be liable on account of the accuracy, defamatory nature, completeness, timeliness or otherwise of such views, opinions, advice and recommendations. The information provided by Cloud Ten Beauty is intended as information only and does not constitute advice. The accuracy of the information is not guaranteed and is subject to change and therefore Cloud Ten Beauty cannot accept responsibility for any loss damage or expense incurred upon using the information.
16. Disclaimers of Warranties
THIS SITE IS PROVIDED BY CLOUD TEN BEAUTY ON AN "AS IS" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CLOUD TEN BEAUTY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, COMPATABILITY, SECURITY, ACCURACY OR INFRINGEMENT.
NEITHER CLOUD TEN BEAUTY, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT THAT THE SITE OR ANY FUNCTION CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
CLOUD TEN BEAUTY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS INCORPORATED IN THE SITE OR ANY THIRD-PARTY SITE ACCESSED THROUGH THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCT, OFFERING, CONTENT OR MATERIAL.
ALTHOUGH THIS SITE IS ACCESSIBLE WORLDWIDE, NOT ALL PRODUCTS OR SERVICES DISCUSSED OR REFERENCED HEREIN ARE AVAILABLE TO ALL PERSONS OR IN ALL GEOGRAPHIC LOCATIONS. CLOUD TEN BEAUTY RESERVES THE RIGHT TO LIMIT, IN ITS SOLE DISCRETION, THE PROVISION AND QUANTITY OF ANY PRODUCT OR SERVICE TO ANY PERSON OR GEOGRAPHIC AREA IT SO DESIRES. ANY OFFER FOR ANY PRODUCT OR SERVICE MADE IN OR THROUGH THIS SITE IS VOID WHERE PROHIBITED.
FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS & CONDITIONS.
THESE DISCLAIMERS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
We aim to handle any complaints fairly, quickly and effectively. Complaints should be directed to us via the Contact Us page and include contact details in addition to your e-mail address and order number, if applicable.
We may terminate this website with or without cause at any time and effective immediately.
A failure to exercise or delay in exercising a right or remedy provided by this agreement or by law does not constitute a waiver of the right or remedy or a waiver of other rights or remedies. No single or partial exercise of a right or remedy provided by this agreement or by law prevents further exercise of that right or remedy or the exercise of another right or remedy. No waiver by us of any of these terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the provisions above.
In the course of providing you services and in respect of your use of the website, we may need to communicate with you via email or the other details that you have submitted to us. You agree to receive emails which are specific to your account and necessary for the normal functioning of the website, including emails which help inform users about the functionality of the website. You agree that we may communicate with you regarding the website by any electronic means.
All notices given by you to Cloud Ten Beauty must be given to Cloud Ten Beauty at either firstname.lastname@example.org or via the Contact Us page.
21. Force Majeure
We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under a contract that is caused by events outside our reasonable control.
22. Entire Agreement
These Terms and Conditions (together with the documents referred within it) constitute the entire agreement between Cloud Ten Beauty and you with respect to your access to and use of the Site and any third-party site accessed through the Site. We may assign or subcontract any or all of our rights and obligations of our agreement with you to a third party at any time, at our discretion. You may not, without prior written consent, assign or dispose of any of your rights or obligations arising under this agreement. Nothing in this agreement shall create or be deemed to create a partnership, joint venture, agency or employee-employer relationship between you and us. Headings are for reference purpose only and in no way define, limit, construe or describe the scope or extent of such section. Any person who is not a party to this agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement. This does not affect any right or remedy generally available to such a third party in law or otherwise.
If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
23. Right to Change the Terms and Conditions
We have the right to revise and amend our terms and conditions from time to time. You should check this page regularly to take notice of any changes we may have made to the terms and conditions. Any amended agreement will govern new user registrations and existing users from the date of posting.