Terms & Conditions
This website is operated by KEDMA Cosmetics Limited (referred to as "KEDMA Cosmetics/KEDMA/we/our/us"). As user of this website (referred to as "you/your") you acknowledge that any use of this website including any transactions you make ("use/using") is subject to our terms and conditions below. Please:
· Read through these terms and conditions carefully before using this website.
· Print a copy for future reference.
You must be 18 years old or the age of majority in your jurisdiction in order to make a purchase on our Site. If you are under 18 years old or the age of majority in your jurisdiction, then you may not make a purchase on our Site. If you are under 13 years old, you may browse our Site. However, you may not provide personal information to us nor register on the Site. This Site is not directed to children under 13 years old. By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, YOU MAY NOT USE OUR SITE.
1.1 We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the website and it is your responsibility to read the terms and conditions on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions.
1.2 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use this website
1.3 Certain website services will require registration and subsequent access to those services will be subject to an approved login name and password ("Password Details"). Information that you provide on this website must be accurate and complete. All Passwords Details are accepted and may be withdrawn at our sole discretion and are exclusive to you and non-transferable and must be treated as strictly confidential at all times. In the event that you have any concerns regarding your Password Details or become aware of any misuse then you must inform us immediately (see contact us for more information and full contact details).
1.4 Products and Services for Personal Use
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. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.
1.5 We grant you a limited, revocable, non-transferable, and non-exclusive license to access and make personal use of the Site. You understand and agree that you will not do or attempt to do or cause any third party to do or attempt to do any of the following in connection with your use of the Site:
· frame or utilize framing techniques to enclose the Site or any portion thereof;
· use any meta tags, "hidden text", robots, spiders, crawlers, or other tools, whether manual or automated, to collect, scrape, index, mine, republish, redistribute, transmit, sell, license or download the Site, Content (except caching or as necessary to view the Site), or the personal information of others without our prior written permission or authorization;
· make any use of the Site or any Content other than for personal use;
· modify, reverse engineer or create any derivative works based upon the Site or any Content;
· impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
· "stalk" or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way;
· intentionally violate any applicable local, state, national or international law;
· transmit, upload, post, e-mail, share, distribute, reproduce, or otherwise make available any software viruses, malware, program, code, file, or other material intended to interrupt, disrupt, alter, destroy, or limit any part of the Site; and/or
· engage or make any unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of "spam."
We also grant you a limited, revocable, non-transferable, 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 the Site (i) may link to, but not replicate, any and/or all of our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive controversial or illegal or inappropriate for any ages (as determined in our sole discretion); (v) 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; and/or (vi) 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 shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by us to resume linking.
Any unauthorized use by you of the Site or any and/or all of our Content automatically terminates the limited licenses set forth in this Section 6 without prejudice to any other remedy provided by applicable law or these Terms and Conditions.
2. Order process
2.1 All orders that you place on this website will be subject to acceptance in accordance with these terms and conditions.
2.2 The 'confirmation' stage sets out the final details of your order. Following this, we will send to you an order acknowledgement email detailing the products you have ordered. Please note that this email is not an order confirmation or order acceptance from KEDMA Cosmetics.
2.3 Acceptance of your order and the completion of the contract between you and us will take place on dispatch to you of the products ordered unless we have notified you that we do not accept your order or you have cancelled it.
2.4 We do not file details of your order for you to subsequently access direct on this website, and therefore, please print out these terms and conditions and the order acknowledgement for your own records. If you wish to obtain specific details of your previous orders please Contact us.
3.1 Delivery charges and estimated timescales are specified in the Delivery section and also when you place an order. We make every effort to deliver goods within the estimated timescales, however delays are occasionally inevitable due to unforeseen factors. KEDMA Cosmetics shall be under no liability for any delay or failure to deliver the products within estimated timescales.
3.2 Risk of loss and damage of products passes to you on the date when the products are delivered or on the date of first attempted delivery by us.
3.3 We ship worldwide. Shipping rates will be charged depending on the destination, as well as, the products and quantities ordered. Kedma reserves the right to offer flat shipping rates for certain destination, at its own discretion.
4.1 We take payment from your card or PayPal account at the time we receive your order, once we have checked your card or PayPal details and stock availability. Goods are subject to availability. In the event that we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the goods. Additional Terms and Conditions for payments made by paypal can be found at www.paypal.co.uk . (kedmacosmetics.com is not responsible for the content of external websites)
4.2 To ensure that your credit, debit, charge card or PayPal account is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.
4.3 The price you pay is the price displayed on this website at the time we receive your order apart from the following two exceptions:
a) While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
4.4 Payment can be made by any method specified in payment section.
4.5 Title to any products you order on this website shall pass to you on delivery of the products provided that we have processed and received payment in full for the products.
4.6 All prices are shown in £s sterling and include VAT (where applicable) at the applicable current rates but exclude delivery charges, unless expressly stated otherwise
5. Returns, Cancellations and Substitutions
5.1 Right of Cancellation: The Purchaser may within the Cancellation Period (as defined below) give notice of cancellation to KEDMA Cosmetics . Such notice of cancellation is a notice by e-mail to firstname.lastname@example.org indicating the Purchaser's intention to cancel the order.
The Cancellation Period is the period commencing with the day on which the order is received and ending on the expiry of the period of seven (7) working days beginning with the day after the day on which the Purchaser receives the goods.
The right of cancellation can only be exercised by the Purchaser and not by a third party.
All Products must be returned in the same condition in which the Purchaser received them, and at the Purchaser's own cost and risk, to:
AG Beauty LLC
11300 Space Blvd, Suite 2B
Orlando, FL 32837
Products will be not accepted for returns or exchange at any other address.
Product(s) with which the Purchaser is not satisfied where a purchaser exercises its right of cancellation, the Product(s) must be returned in their original form and packaging, complete and accompanied by a request to cancel. With the exception of non-compliant Products, the cost of returning Product(s) shall be paid by the Purchaser. Where the Purchaser fails to return any Product the direct cost of recovery of that Product by KEDMA Cosmetics shall be borne by the Purchaser.
KEDMA Cosmetics does not accept parcels with carriage due.
On exercise of its right of cancellation, the Purchaser shall return the Product(s) to KEDMA Cosmetics and in the meanwhile retain possession of the Product(s) and take reasonable care of them.
All reasonable risks linked to the return of Product(s) shall be assumed by the Consumer.
No refunds will be made where KEDMA Cosmetics reasonably assesses that the returned Product(s) has been used, with the exception of defective Product(s).
If the aforementioned conditions are fulfilled, KEDMA Cosmetics will reimburse the Purchaser within a maximum of thirty (30) days beginning with the day on which the notice of cancellation was given, for the amounts that correspond to the Product(s) purchased.
Non-compliant Product(s) "Non-compliant products" shall only include products which have been sent by KEDMA Cosmetics by error or defective products.
All non-compliant Products must be returned to KEDMA Cosmetics within 7 working days following the day of receipt, in their original form and packaging. Carriage costs will be borne by KEDMA Cosmetics in the event that the decision to return Product(s) results from an error made by KEDMA Cosmetics.
Upon receipt by KEDMA Cosmetics of Product(s) that are presumed to be non-compliant, KEDMA Cosmetics will examine said Product(s) as quickly as possible. If the non-compliant nature of the Product(s) is confirmed by KEDMA Cosmetics, KEDMA Cosmetics will exchange or reimburse the defective or missing Product(s). In the case of reimbursement of Product(s), the Purchaser will be reimbursed within thirty (30) days following the day of such confirmation, for the amounts that correspond to the price(s) of the Product(s) acquired, as well as the return costs incurred.
6. Intellectual Property
6.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of this website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorized by us or our licensors.
6.2 You acknowledge and agree that the material and content contained within this website is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this website. You further acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
7. Liability and Indemnity
7.1 Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.
7.2 Subject to Section 7.1 above, KEDMA Cosmetics will use reasonable endeavours to verify the accuracy of any information on the site but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website KEDMA Cosmetics will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and KEDMA Cosmetics accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site.
7.3 Subject to Section 7.1 above, other than as expressly provided in these terms and conditions with respect to specific products and except for the exclusive remedies set out at Section 5 above, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.
7.4 Subject to Section 7.1 above, KEDMA Cosmetics will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent on negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any:
· economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or
· loss of goodwill or reputation; or
· special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.
7.5 Notwithstanding the above, subject to Section 7.1 KEDMA Cosmetics' aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same clause.
7.6 This clause 7 does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
7.7 We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorized access to information provided by you.
8. Miscellaneous Provisions
8.1 The contract between us shall be governed by the laws of England and any dispute between us will be resolved exclusively in the courts of England. English is the only language offered for the conclusion of the contract.
8.2 We have selected our products on the basis that they will be used for domestic use only, if you are planning to use them for business purposes please make sure that you are covered by the appropriate insurance. Where you decide to use the products in the course of a business, we exclude (to the fullest extent permitted by law) those warranties and conditions relating to fitness for a particular purpose. Our maximum liability to business users arising out of or in connection with the products shall be limited to the replacement value of the product in question (except in the case of death or personal injury caused by our negligence or in respect of fraud). In relation to business users, we do not accept liability for the fitness of goods for business purposes, nor do we accept liability for loss of use of the item nor any loss over and above the cost of the item in the event of a claim for breach of warranty or condition.
8.3 KEDMA Cosmetics shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.
8.4 You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party unless agreed upon in writing by KEDMA Cosmetics.
8.5 KEDMA Cosmetics reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party.
8.6 If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected.
8.7 These terms and conditions do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the U.K. Contracts (Rights of Third Parties) Act 1999) except:
a) KEDMA Cosmetics (as defined below) shall have the right to enforce any rights or benefits under these terms and conditions;
b) KEDMA Cosmetics shall have the right to enforce and take the benefit of the rights or benefits of any limitation or exclusion or limitation of liability in these terms and conditions;
c) a person who is a permitted successor or assignee under Section 8.8 above of the rights or benefits of these terms and conditions may enforce such rights or benefits.
d) No consent from the persons referred to in Section 8.9 is required for the parties to vary or rescind these terms and conditions (whether or not in any way that varies or extinguishes rights or benefits in favour of such third parties).
8.8 No delay or failure by KEDMA Cosmetics to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of KEDMA Cosmetics.
8.9 These terms and conditions including the documents or other sources referred to in these terms and conditions supersede all prior representations understandings and agreements between you and KEDMA Cosmetics relating to the use of this website (including the order of products) and sets forth the entire agreement and understanding between you and KEDMA Cosmetics for your use of this website.
9. Delivery times
- Despatch time 48 hours
- Delivery in the US 3-5 days
- International delivery 7-14 days
The KEDMA Cosmetics website is operated by:
AG Beauty LLC
11300 Space Blvd, Suite 2B
Orlando, FL 32837
We recommend you print out a copy of these terms and conditions for future reference.
If you have any questions regarding the KEDMA website, please contact us for more information.