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Conditions d'utilisation

Terms of Use (TOS)

 

Thank you for visiting our website Makeup-Flare.com

Please read these terms of use (“Terms of Use”) carefully before using the services of this site (the “Site”). These terms and conditions set forth the legally binding terms and conditions for your use of this site (the “site”) and the related services, features, content, apps, widgets offered or any purchases you make via the site.

Your access and use of the Site will be subject to the version of the Terms and Conditions posted on the Site at the time of use. If you do not agree with the Terms and Conditions, then you do not have the right to access, view, download or otherwise use the Site or purchase any cosmetics and, accordingly, you should not do so.

We may at our sole discretion change, add, or delete portions of these Terms of Use at any time on a going-forward basis. It is your responsibility to check these Terms of Use for changes prior to use of the Site, and in any event you continued to use the site following the posting of changes to these Terms of Use constitutes your acceptance of any changes. We will notify you of any such material changes by posting notice of the changes on the Site, and/or, in our sole discretion, by email.


Parties: “Seller” “WE” “US” “Our” means Makeup-Flare.com. “Buyer” “You” means the customer who has placed an order for Products from Seller. The goods covered by Buyer's purchase order are referred to as the "Products".

 

Use of the Website

As a condition of your use of this Website, you warrant that:

(1) You are at least 18 years of age.

 (2) You possess the legal authority to create a binding legal obligation.

 (3) You will use this Website in accordance with these Terms of Use.

 (4)You will only use this Website to make legitimate purchases

 (5) All information supplied by you on this Website is true, accurate, current and complete.

(6) If you have a Makeup-Flare account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Terms of Use.

 Privacy

Please review our Privacy Policy, which also governs your visit to the Website, so that you may understand our privacy practices.

Purchase Related Policies

The products and services available on the Makeup-Flare, are for personal use only, “You” may not use, reproduce, distribute, reverse engineer, modify, copy, publish, display, transmit, adapt, frame, link, rent, lease, loan, sell, license or in any way exploit the content of the Site. 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. WE reserve the right to cancel any online order for any reason.

Customs and import Taxes

Prices on Makeup-Flare do not include Duties, taxes or fees levied by the destination country (the country that the shipment is delivered to), these customs and taxes vary from one country to another. 

Please note that if custom clearance procedures are required it can cause delays beyond our original delivery estimates.

Force Majeure:

 “Seller” shall not be liable for any delay in delivery or for non-delivery, in whole or in part, caused by the occurrence of any event or contingency beyond the control of either Seller or the suppliers to Seller, including but not limited to failure or delay in transportation; acts of Nature, earthquakes, fire, explosion, flood, hurricanes or other unusually severe weather; strikes, walkouts or other disputes with workers; acts of any government or agency or subdivision thereof or judicial action; shortage of labor, fuel or raw materials; or any other event of similar or dissimilar nature that is out of the Seller's reasonable control.

Accuracy of Information

We attempt to be as accurate as possible when describing our products on the Website; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors (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) or other content available on the Website are accurate, complete, reliable, current, or error-free.

 

Links and Third party sites

 There may be links that will let you leave this Website or that will let you access this Website from third party sites. Linked third party sites are not under the control of Makeup-Flare and Makeup-Flare is not responsible for the contents of any such linked site or any link contained in such a linked site. Existence of links to other third party sites is not an endorsement by US in favour of such site or the products or services contained in any linked site. To the extent that this Website contains links to or may be accessed from outside services and resources, the availability and content of which Makeup-flare does not control, any concerns regarding any such service or resource or any link thereto should be directed to the particular outside service or resource.

 

Disclaimer/No Warranties

The website 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 website, 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.

We are not responsible for timeliness, accuracy, unavailability or interruptions in availability, viruses or other defects in the website or its contents. in no event will we 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 or otherwise, even if we have been advised of the possibility of such damages

Makeup-Flare does not warrant that the Website is compatible with your computer equipment or that the Website or its server is free of errors. You should ensure that you have installed up to date virus checking software prior to any internet session and Makeup-Flare  is not liable for any damage you may suffer as a result of such destructive features that may infect your computer or data due to your use of the Website or downloading any material posted on it.

 

GENERAL LIMITATION OF LIABILITY

Third Parties and Search Engines

Makeup-Flare shall not be held responsible for Content provided by third parties.

These Terms do not affect your statutory rights or your legal rights as a consumer

You understand that Makeup-Flare grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials and Makeup-Flare reserves the right to revoke these exceptions either generally or in specific cases.

You understand that you are solely responsible for (and that Makeup-Flare has no responsibility to you or to any third party for) any breach of your obligations under the Terms and Conditions and for the consequences (including any loss or damage which Makeup-Flare may suffer) of any such breach.

If Makeup-Flare does not exercise or enforce, or delays in its exercise or enforcement, of any legal right or remedy, this will not be taken to be a formal waiver of Makeup-Flare’s rights.

You and Makeup-Flare are independent contractors, and these Terms and Conditions, including but not limited to submission or distribution of Your Content, will not, in whole or in part, establish any relationship of partnership, joint venture, employment, franchise or agency between the you and Makeup-Flare.

We reserve the right to modify these Terms and Conditions at any time without notice to you. Any modifications of these Terms and Conditions will be effective once published on our Website. Your continued use of the Website following such change shall signify your agreement to be bound by the modified Terms and Conditions.

These Terms and Conditions constitute the whole legal agreement between you and Makeup-Flare and govern your use of the Website and all services and products available thereon and completely replace any prior agreements between you and Makeup-Flare in relation to the same.

You acknowledge and agree that the form and nature of the Services may change from time to time without prior notice to you and Makeup-Flare may stop providing the same (or any features within them) to you or to users.

If any of the provision of these Terms and Conditions is held to be illegal or unenforceable, the other terms of these Terms and Conditions shall not be affected and shall remain in full force and effect.

Please read the Terms and Conditions and check back often. If you do not agree to any change to the Terms and Conditions, then you must immediately stop using the Website.

These Terms and Conditions are reproduced in English, Arabic and French. If there is any inconsistency between the English, French and the Arabic text, the English text will apply.

 

 Fraud Protection

We reserve the right to refuse to process and order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order of our customer service department may call you at the phone number you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We reserve the right to cancel any order using any promotion or promotional code, at our sole discretion. If any order cancellation occurs you will be credited in full for the cancelled order(s). We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.

 

 

Content: Reviews, Comments, Emails

You may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information on our website or our social media platforms; as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, 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 as to the origin of a card or other content.

Makeup-Flare reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant MAKEUP-FLARE and its associates a nonexclusive, royalty-free, perpetual, irrevocable, right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant MAKEUP-FLARE and its associates the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify MAKEUP-FLARE or its associates for all claims resulting from content you supply. MAKEUP-FLARE has the right but not the obligation to monitor and edit or remove any activity or content. MAKEUP-FLARE takes no responsibility and assumes no liability for any content posted by you or any third party.

 

Indemnity

You agree to indemnify, defend, and hold harmless each of Makeup-Flare, its employees, representatives and agents, from and against any claims, actions, demands or other proceedings brought against any of Makeup-Flare , its employees, representatives or agents, by a third party, to the extent that such claim, suit, action or other proceeding brought against Makeup-Flare , its employees, representatives, suppliers, or agents is based on or arises in connection with:


(1) Your use of the Website.
(2) Any breach by you of the Terms.
(3) A claim that any use of the Website by you.
(a) infringes any intellectual property rights of any third party, or any right of personality or publicity, or
(b) is libellous or defamatory, or otherwise results in injury or damage to any third party;

(4) any deletions, additions, insertions, or alterations to, or any unauthorised use of, the Website by you.
(5) Any misrepresentation or breach of representation or warranty made by you contained herein.


References in this section of the Terms to your use of the Website shall be deemed to include any use by a third party where such a third party accesses the Website using your computer.
You agree to pay Makeup-Flare , its employees, representatives, and agents any and all costs, damages, and expenses (including reasonable legal fees) awarded against any of them or otherwise incurred by any of them in connection with or arising from any such third party claim, suit, action or proceeding attributable to any such third party claim.

 

 

 

Product Liability

By buying products through our Website, you acknowledge and agree that Makeup-Flare carries no product liability save as described in the paragraph  in relation to returning defective products, and that full liability for the products rests with the manufacturer. The terms of the manufacturer’s product liability are found in the product’s package or in the notice that accompanies the products.

All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions.

 

Product Availability

The availability of the products and services described on the Site, and the descriptions of such products and services, may vary based on location and timing.

 

Viruses Hacking and Other Offences

You must not misuse the Website by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website or the server on which it is stored and you must not attack our Website by way of a denial of service attack or distributed denial of service attack.

We will not be liable for any loss or damage caused by a distributed denial of service attack arising following your use of the Website.

 

Arbitration

You agree that exclusive jurisdiction for any dispute, claim, or demand related in any way to the Site/s will be decided by binding arbitration. ARBITRATION MEANS THAT YOU WILL NOT HAVE THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS. Rights to the prehearing exchange of information and other discovery, as well as appeal rights, may be more limited than were you to sue in court.

ANY ARBITRATION SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. It is expressly understood and agreed that you are waiving any right you have to sue on behalf of a class or in a representative capacity for other persons. This means:

•  Neither you nor Makeup-Flare can bring a claim as a plaintiff or class member in a class action, consolidated action or representative action.

•  The arbitrator cannot combine more than one person’s claim into a single case, and cannot preside over any consolidated, class or representative arbitration proceeding (unless we both agree to change this).

•  The arbitrator’s decision or award in one person’s case can only impact the person who brought the claim, not other Makeup-Flare customers, and cannot be used to decide other disputes with other customers.

 

Payment

Payments for any purchases on the Site shall be made by credit card, or PayPal.

 

PATENT NOTICES

One or more patents are owned by Makeup-Flare.com, and may apply to this Website and to the features and services accessible via the Website. Portions of this Website operate under license of one or more patents.

 

MISCELLANEOUS

The captions in these Terms of Use are only for convenience and do not, in any way, limit or otherwise define the terms and provisions of these Terms of Use.
 Makeup-Flare is not responsible for any errors or delays in responding to a Request caused by an incorrect email address, or incorrect address provided by you or other technical problems beyond their control.

 

Entire Agreement

These Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and Makeup-flare relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Website.

 If any provision of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon, or relating to this Agreement to the same extent, and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

SERVICE HELP

For quick answers to your questions or ways to contact us or send us an email at  info@makeup-flare.com

 

 

 

 

 

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