Terms and Conditions
THIS WEBSITE IS DIRECTED AT AND ONLY MEANT TO BE USED BY YOU FOR THE PURPOSE OFACCESSING AND USING THE ONLINE SERVICES PROVIDED. THESE TERMS AND CONDITIONS APPLY TO YOUR USE OF THIS WEBSITE AND BY
ACCESSING THIS WEBSITE AND USING THEONLINE SERVICES YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS.
IFYOU DO NOT ACCEPT THESE TERMS AND CONDITIONS DO NOT ACCESS OR USE THIS WEBSITEAND THE ONLINE SERVICES PROVIDED.
1. Definitions and interpretations
In these Terms and Conditions unless inconsistent with the context or otherwise specified the following definitions will
apply to words and expressions:
- “Buyer” means any person or entity purchasing goods or services from the Lavish Beauty website;
- “Courier Companies” refer to the list of courier companies recommended by Lavish Beauty for the delivery of goods purchased from the Lavish Beauty website.
- “Items” means goods that may be bought or sold through the Lavish Beauty Shopping Cart system.
- “We, us, and our” are a reference to Lavish Beauty;
- “Registered User” means a registered user of Lavish Beauty with access to the login area of the website
- "Terms and Conditions" means these terms and conditions as may be varied or amended from time to time and any additional terms and conditions or disclaimers with reference to or displayed on the Website whether by hypertext link or otherwise;
- Website" means any Lavish Beauty website through which the services may be offered and currently it means this virtual online website located at https://www.lavishbeauty.com or any subsequent URL used by us from time to time;
- "You and Your" means the person accessing and using this Website and/or the legal entity you represent during the course of employment or engagement by that entity.
- “Lavish Beauty Cart System” means the software construct that allows visitors
2. Online Service
- By registering and accepting these Terms and Conditions You represent to Us that You are not a minor and can form legally binding contracts under applicable law)
- By accessing or using the Services You agree to be legally bound by these Terms and Conditions. By clicking and acknowledging that you agree to these Terms and Conditions on the Website You certify that You accept these Terms and Conditions.
- We reserve the right to change these Terms and Conditions at any time. Amendments will take effect when posted on the Website. The date of the Terms and Conditions are stated at the top of the Terms and Conditions. The Terms and Conditions current at the start of a Transaction will apply until that Transaction is completed. Your continued use of the Services after any amendments to the Terms and Conditions shall be deemed to constitute your binding acceptance of such amendments.
- We reserve the right to modify or withdraw this Website (or any part) at any time without notice.
3. Membership & Registration
- You agree to ensure that your registration details are up to date and accurate and to update any details when necessary using the "Edit Registration" link on the Website.
- You warrant and undertake to Us that all the information supplied to Us on the User Registration Form is true and accurate.
- We reserve the right in our sole discretion to refuse or revoke any application to register and access the Service sand to temporarily or indefinitely suspend any registered members.
The members give consent to Lavish Beauty and it’s owners to use any and all photographs, images etc submitted by the members, with any promotions within Lavish Beauty’ s website. Including but not limited to resizing of images, additions or deletions of portions of images for special effects.
4. Username & Passwords
- You are solely responsible for keeping your personal user name and password secure and confidential. You should not share, display, disclose or permit your user name or password to be disclosed to any other party.
- You are responsible for use of the Services when access to the Services is obtained through the use of your user name and password whether authorized or unauthorized.
- You agree not to impersonate any other person or entity or use any false name or use any other person's user name and password to access the Services.
- If you believe that Your user name and/or password has become known to another person or You are aware of any other breach of security regarding the Services, then You must notify Us immediately.
- You agree and warrant that You will implement and comply with the above procedures.
- We reserve the right to withdraw user names and passwords at any time without notice and in our sole discretion including but not limited to where We have reason to believe that such user name and password have been discovered and/or used by any person other than You.
5. Buyer’s Obligation
- A Buyer must make full and prompt payment for an item bought by them prior to delivery.
- You are responsible for ensuring that you have sufficient funds to cover the cost of Your Purchase and the courier charges.
- You are responsible for ensuring that you furnish the Seller and or courier company with the following addresses: Physical and or postal, Billing address, Shipping address & Destination Address.
- By making an order of an item you agree to be bound by any conditions of sale included in the item's description on the Website.
- We have a 5 day return/exchange policy. This return period starts from the day the order was delivered to your doorstep.
- Please note that the items are only legible to be returned if it is damaged at time of delivery.
7. Availability of the website
- You acknowledge that due to the nature of the Internet, We cannot guarantee that access to the Website will be uninterrupted.
8. Intellectual Property Rights
- Lavish Beauty owns all proprietary and intellectual property rights in the website including, but not limited to, the text, graphics, logos, icons, links sound recordings and the software and other material underlying and forming part of the services and the web site.
- You may not without our prior written consent in any form or by any means adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this web site; or commercialize and may not be copied, downloaded, distributed or published in any way without our prior written consent, except that You may print, copy, download or temporarily store extracts for your personal information or when You use the Services.
- You are not permitted to use any trademarks or service marks whether registered or unregistered if you are not the owner or without the owner’s prior written consent. You may not frame or utilise framing techniques that include any proprietary information such as images, text or page layout without the prior written consent of our third party licensors. You may not use any "metatags" or any other type of hidden text that uses any trademarks or service marks without prior written consent.
- You agree not to copy, modify, download (other than page caching), store or sell any part of this Website without our prior written consent.
- Any information provided by this Website may not be disclosed, reproduced, copied or sold for any commercial purpose other than for obtaining the Services via this Website.
- In relation to any information, materials or other content that You submit to Us via this Website, You grant Us anon-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use and reproduce such information, ideas, know-how, concepts, techniques and materials for any purpose, including without limitation, the copying, transmission, distribution and publication unless restricted by applicable law. You represent and warrant that you own or otherwise control all of the intellectual property rights and information, materials or other content that you submit Or post via this Website.
- Lavish Beauty collects personal information about you through your use of the services and the website, including; your registration details; and Information relating to your use of the web site and the content you access.
- You agree that Lavish Beauty may use this personal information to assist us to provide the services to you, for internal research purposes, to verify your identity, for promoting and marketing other Lavish Beauty products and services to you and for any other use that you authorize.
- We will not sell or allow third parties to access your personal information without your consent, however you agree that Lavish Beauty may disclose your personal information, including your name and contact details, to the relevant authorities, parties and/ or the applicable intellectual property right holders (or their representatives) if we consider that you are in breach of this clause at any time.
10. Limitation Of liability
- We make every reasonable effort to ensure that Lavish Beauty will provide accurate, complete and up-to date information on this website. However, the website and services are provided on an "as is" and "as available" basis. We do not make any representation or warranty of any kind express or implied regarding the contents or availability of the website or services.
- We have made every effort to display, as accurately as possible, the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate or if the actual product upon delivery shall match the actual colour displayed online.
- From time to time there may be information that may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Lavish Beauty reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
- Use of the website and its related services are at your sole risk. We will not be liable for any direct, indirect or consequential loss or damage howsoever arising as a result of your use or reliance on the website or services to the maximum extent permitted by law.
- We exclude all warranties, conditions, terms, undertakings and representations of any kind, express or implied, statutory or otherwise in connection with the services and the website to the fullest extent permitted by law.
- Any software downloaded from this website or as part of the services is at your own risk and we do not accept liability for any direct or indirect loss or damage howsoever caused as a result of any computer viruses, bugs, Trojan horses, worms, software bombs or other similar programs arising from your use of this website. Whilst we will do our best to ensure that the website is free from such destructive programs, it is your responsibility to take reasonable precautions to scan for such destructive programs.
- Any hyperlinks to third party sites provided via this website exist for information purposes and your convenience only and we do not endorse the content of such sites. We are unable to accept any liability for any loss or damage arising directly or indirectly from the content of such sites.
- Lavish Beauty, and it’s owners may not be held liable for loss in mail or shipping, mistakes in electronic banking transactions, mobile transactions, broken or mis-handled packages or products, or items that are sold elsewhere against the exclusive listing agreement or electronic transaction fees incurred as a result of this occurrence.
11. User Indemnity
You agree to release, fully indemnify, defend and hold Us harmless immediately upon demand from and against all actions, liability, claims, losses, damages, costs and expenses (including legal costs and expenses) suffered or incurred
by us arising directly or indirectly as a result of your breach of these Terms and Conditions, including without limitation any claim against Us by a Buyer that you have not honoured your commitments in respect of a Transaction.
11. Governing Law & Jurisdiction
This Agreement shall be governed by and construed in all respects in accordance with Kenyan law.
12. Dispute Resolution
Any dispute arising out of or relating to this Agreement shall be settled by the parties hereto through friendly consultation. If any dispute is not settled through friendly consultation by the parties hereto within thirty days after its
occurrence, such dispute shall be submitted to the Chartered Institute of Arbitrators – Kenya Chapter. The Arbitration shall be conducted in accordance with the Arbitration Act, Number 5 of 1995.The seat of the Arbitration is in
13. Termination Of Service
We reserve the right in our sole discretion to:
- Exclude you from using the Service where you are in breach of any of these Terms and Conditions;
- Suspend or discontinue the Service at any time.
- If a serious complaint or multiple complaints are received about you from other users.
- You impersonate another use.
- If we deem your behavior unacceptable
- Users who have registered under multiple aliases will have all their aliases disabled.
14. General Information
- You may not use any part of the Website on any other website or link to the Website without our prior written consent, except that You may link to this Website provided that you do not misrepresent your involvement with this Website and that You do nothing in our opinion that may bring the Website into disrepute or in our sole discretion is detrimental to the Services.
- We reserve the right to transfer, assign or sub-contract all or any of our rights and duties and responsibilities set out in these Terms and Conditions to another party.
- Headings have been included for convenience only and will not be used in construing any provision of these Terms and Conditions.
- No delay or failure by Us 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 include any other or further exercise of them.
- If any provision of these Terms and Conditions shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable the invalidity or unenforceability of such provision shall not affect the other provisions of these Terms and Conditions and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect.
- To the extent permitted by applicable law, these Terms and Conditions will be construed in accordance with and governed by the laws of Kenya and each party agrees to submit to the exclusive jurisdiction of the courts of Kenya.
- Expressions in the singular shall include the plural and words importing a gender shall include every gender.
- References to any statute or statutory provision or to any other rules or regulations of any competent authority shall be construed as references to such statute or statutory provision or rules or regulations as respectively amended or re-enacted or as their operation is modified by any other statute or statutory provision rules or regulations (whether before or after the date of this Agreement) and shall include any provisions of which they are re-enactments (whether with or without modification) and shall include subordinate legislation, rules or regulations made under the relevant statute, rules or regulations.
- References to recitals, clauses and schedules are references to recitals and clauses of and schedules to this Agreement.