Terms & Conditions
USE OF THE WEBSITE
Welcome to our site http://www.ohmyglam.com (the "Website"). References to “we”, “us” and/or “our” throughout the Website”) is to OH MY GLAM.
The use of the Website is governed by these terms and conditions (“Terms of Use”). These Terms of Use should be read alongside, and are in addition to, our privacy and cookies policies accessible online (“Privacy Policy" and "Cookies Policy”) and our terms and conditions of sale accessible online (“Terms of Sale”).
Please read these Terms of Use carefully and print a copy for your future reference. By using the Website, you agree that you have read, understood and agree to these Terms of Use, the Privacy Policy and Cookies Policy and the Terms of Sale (each as amended from time to time). If you do not agree to these Terms of Use, you must stop using the Website immediately.
Should you have any questions about these Terms of Use or wish to contact us for any reason, please use the CONTACT US section on the website.
YOUR USE OF THE WEBSITE
You agree to use the Website only for lawful purposes and in a way which does not infringe the rights of any anyone else or restrict or inhibit anyone else's use and enjoyment of the Website.
You are permitted to download and print content from the Website solely for your own personal use. Website content, including without limitation, all information, data, products, materials, services, software applications and tools, design elements, text, images, photographs, illustrations, audio and video contents, artwork and graphics contained therein or otherwise made available to you in connection therewith (collectively, the “Content”), must not be copied or reproduced, used or otherwise dealt with for any other reason. You are not entitled to modify or redistribute the Content or reproduce, link, frame or deep-link it on any other website without our express written permission. You are not entitled to use the content of the Website for commercial exploitation in any circumstances.
YOUR ACCOUNT
If you choose, or you are provided with, an account, username, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. If there has been an unauthorised use of your password or account, please notify us immediately. You are responsible for keeping such information current, complete, accurate and truthful. You agree to accept responsibility for all activities that occur with your permission or authorisation under your account, username and/or password, or because you fail to maintain sufficient security over your account, username and/or password. If you are accessing and using the Website on someone else’s behalf, you represent that you have the authority to bind that person as the principal to these Terms of Use and the Terms of Sale, and to the extent you do not have such authority you agree to be bound to these Terms of Use and the Terms of Sale and to accept liability for harm caused by any wrongful use of the Website resulting from such access or use. We have the right to disable any username or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.
ORDERING PRODUCTS
You acknowledge and agree that, in addition to these Terms of Use, the Terms of Sale apply to any transaction you make through the Website. By entering any transaction through the Website, you agree that you have read, understood and agree to our Terms of Sale (including as amended from time to time).
INTELLECTUAL PROPERTY RIGHTS
OH MY GLAM and its Affiliates (defined below) are the owners or licensees of all present and future copyright, registered and unregistered trademarks, design rights, unregistered designs, database rights and all other present and future intellectual property rights and rights in the nature of intellectual property rights around the world existing in or in relation to the Website ("IPR"). An affiliate is any entity that directly or indirectly controls, is controlled by, or is under common control with another entity (Affiliates).
Unless you have agreed otherwise in writing with OH MY GLAM or any of its Affiliates, nothing in these Terms of Use gives you a right to use any of the Content, OH MY GLAM's or any of its Affiliates' trademarks or other IPR of OH MY GLAM or any of its Affiliates. You may not assign or transfer any of the Contents and you may not grant a license to use or access the Website to any party.
You are permitted to use the Content only as expressly authorised by us.
You acknowledge and agree that the material and Content contained on this Website is made available for your personal non-commercial use only and that you may download such material and Content onto only one device for such purpose. Any other use of any material and Content of the Website is strictly prohibited. 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.
If you print off, copy or download any part of our site in breach of these Terms of Use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. We also reserve the right to take legal action against you if we deem necessary and reserve all rights in this regard.
You are not permitted to use any of our intellectual property (including our registered or unregistered trademarks and/or copyright) without our prior written approval. This can be requested by contacting us (refer to the CONTACT US section for more details).
USER CONTENT
Whenever you post content, such as a product review, to our Website you must comply with these provisions:
You may only use this Website for lawful purposes. You must ensure that any comment that you intend to post or upload to our Website or provide to us via this Website:
• does not contravene any applicable laws or contravene any person's legal rights (such as, by way of example only, a duty of confidence) or promote, advocate or assist any illegal activity (such as, by way of example only, copyright infringement or computer misuse);
• is not indecent or obscene, does not contain any sexually explicit material and does not promote or refer to sexual activity;
• is not abusive, offensive, hateful, threatening or inflammatory, is respectful of other people’s privacy and is not likely to harass, upset, embarrass, alarm, deceive, inconvenience or annoy anyone;
• does not promote violence;
• is not used to impersonate anyone or to misrepresent identity or affiliation with any person or organisation;
• is not libellous or defamatory;
• does not promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• does not infringe any copyright, database right or trademarks of any person;
• does not give the impression that it emanates from us (unless that is in fact the case);
• is accurate (where it contains statements); and
• only contains opinions if they are genuinely held (and which must not breach any of the other requirements as to content).
You hereby acknowledge and agree that you are solely responsible for the form, content and accuracy of any comments that you post on the Website and that you will indemnify us and keep us indemnified for any breach of this clause. This means that you will be responsible for any loss or damage we suffer as a result of anything you upload or post to our Website that does not comply with these Terms of Use. We reserve the right to remove material from the Website at any time without notice. We have the right to disclose your identity and other relevant information to law enforcement authorities as we consider necessary. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded to our Website by you constitutes a violation of their intellectual property rights or of their right to privacy. Your right to use this Website will cease immediately if you breach any of the provisions of this clause. Any content you post or upload to our Website will be considered non-confidential and non-proprietary and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose.
LIMITATION OF LIABILITY
We exclude all representations, warranties, conditions and terms express or implied by statute, common law or otherwise to the fullest extent permitted by law. We accept no liability for any special, indirect, incidental, consequential or economic loss howsoever caused arising out of or in connection with these Terms of Use.
We provide the content on the Website in good faith but give no warranty or representation that the content is accurate, complete or up-to-date, nor that the Website does not infringe the rights of any third party. We accept no responsibility or liability for your use of content on the Website and such use is entirely at your own risk. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs on the Website, we accept no liability for them.
Information transmitted via this Website will pass over public telecommunications networks. We make no representation or warranty that the operation of this Website will be uninterrupted or error free and disclaim all liability in respect thereof.
Nothing in these Terms of Use shall limit our liability for personal injury, death or fraud.
Any material and information presented by OH MY GLAM on the Website or with any products sold through the website is intended to be used for informational purposes only. Any statements and products are not intended to diagnose, treat, cure or prevent any condition or disease. 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. Use of the Website is not meant to serve as a substitute for professional medical advice. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Website before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. OH MY GLAM does not give or intend to give any answers to medical related questions and the Website is not a substitute for any medical professional or medical resource. OH MY GLAM does not represent itself as a physician nor is this implied.
THIRD PARTY LINKS
This Website may contain links to other websites. We accept no responsibility or liability for any material supplied by or contained on any third party website which is linked from or to this Website.
PRIVACY AND PERSONAL INFORMATION
We will not sell, distribute or lease your personal data to third parties. However, we may share your personal data with third parties where we have your consent to do so (as per our Privacy Policy & Cookies Policy) or are required by applicable law to do so.
TERMINATION AND SUSPENSION
We reserve the right to suspend your use of the Website at any time for operational, regulatory, legal or any other reason as we deem necessary. We may terminate your use of the Website with immediate effect if you breach any of these Terms of Use.
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted.
AMENDMENTS TO THESE TERMS OF USE
We may update or amend these Terms of Use from time to time to comply with applicable law or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on the Website. By continuing to use the Website, you agree to be bound by the terms of these updates and amendments.
FURTHER KEY ITEMS
If any of these Terms of Use are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms of Use shall remain in full force and effect.
Only you and we shall be entitled to enforce these Terms of Use. No third party shall be entitled to enforce any of these Terms of Use, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
These Terms of Use set out the entire agreement between you and us and supersede any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law, which relate to the use of the Website. Any delay or failure by us to exercise any right we may have under these Terms of Use shall not constitute a waiver by us of that right.
These Terms of Use are governed by English law. In the event of any matter or dispute arising out of or in connection with these Terms of Use, you and we shall submit to the exclusive jurisdiction of the English courts.
Last Revised: May 2018
TERMS & CONDITIONS OF SALE
These Terms and Conditions of Sale ("Terms of Sale") apply whenever you order any product ("Product") through our website http://www.ohmyglam.com (the "Website") or otherwise from us. These Terms of Sale should be read alongside, and are in addition to, our website terms and conditions ("Terms of Use") and our privacy and cookies policy privacy (“Privacy Policy and Cookies Policy”).
Please read these Terms of Sale carefully and print a copy for your future reference. By ordering a Product from us, you agree that you have read, understood and agree to these Terms of Sale, the Privacy and Cookies Policy and the Terms of Use (each as amended from time to time). If you do not agree to these Terms of Sale, you must not order any Product from us.
If you are purchasing or have purchased OH MY GLAM Product(s) from a third-party retailer or reseller, these Terms of Sale will not apply and you should refer to the terms and conditions of sale of the relevant retailer or reseller.
PRODUCT DESCRIPTIONS
All Product descriptions and images shown on the Website are provided in good faith but are intended as guidance only and actual Products may vary accordingly.
The packaging of the product may vary from that shown in images on our website.
The images of the products on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Products may vary slightly from those images. The packaging of Products may vary from that shown in images on our Website.
All prices shown on the Website are in pounds sterling and inclusive of Value Added Tax (“VAT”) at the relevant rate. Prices shown on the Website do not include delivery, packaging or other charges, which will be added to any order you place. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
Whilst we use reasonable endeavours to keep prices up-to-date on the Website, we reserve the right to alter prices at any time.
Any material and information presented by OH MY GLAM on the Website or with any Products sold through the website is intended to be used for informational purposes only. Any statements and Products are not intended to diagnose, treat, cure or prevent any condition or disease.
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. Use of the Website is not meant to serve as a substitute for professional medical advice. If you have any personal concerns, please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Website before using or relying on them.
You agree and acknowledge that all text, graphics, photographs, copyright, trademarks and any other intellectual property, material or content available within this Website are owned and shall remain vested in OH MY GLAM, our licensors and any OH MY GLAM Affiliates (defined below). An affiliate is any entity that directly or indirectly controls, is controlled by, or is under common control with another entity (Affiliates).
You agree and acknowledge that the material within this Website is made available for your personal and non-commercial use only.
You acknowledge that, as between you and us, OH MY GLAM and its Affiliates own all present and future copyright, registered and unregistered trademarks, design rights, unregistered designs, database rights and all other present and future intellectual property rights and rights in the nature of intellectual property rights existing in or in relation to the Products ("IPR").
If any IPR vests in you, whether by operation of law or otherwise, you hereby assign to us all right, title and interest (whether legal or beneficial) in such IPR throughout the world absolutely to the fullest extent possible, including any and all renewals and extensions of such IPR. You unconditionally and irrevocably waive any and all moral rights you may have either now or in the future existing in or in relation to the Products. You also agree to execute and do all such deeds, documents, acts and things as we may reasonably require in order to assign any IPR to us, to carry out the intended purpose of these Terms of Sale or to establish, perfect, preserve or enforce our rights under these Terms of Sale.
You also acknowledge that the Products are intended for your own personal use and that you will not resell the Products to any other persons.
HOW TO ORDER PRODUCTS
When you have found a Product on the Website that you would like to buy, please click on the button labelled "ADD TO CART". This will add your Product to a virtual "make-up cart" (the “Cart”). You can then proceed to pay for the Products in your Cart by clicking on the Bag icon and then clicking “Checkout”. Alternatively, you can continue browsing the Website and add additional Products to your Cart.
You can see what Products are in your Cart at any time by clicking on the Cart icon and then the link labelled “VIEW CART”. If you wish to remove a Product from your Cart, simply click on the “X” under the header “Remove” next to the relevant Product. You can pay for the Products in your Cart at any time by clicking the button labelled “PROCEED TO CHECKOUT”.
Once you have clicked on “PROCEED TO CHECKOUT” you will be given the option to Register or Checkout as a Guest. You will then be asked to provide various information necessary to process your order and deliver the Product(s) to you. You can provide this information by filling in the fields requested on the screen. All fields with an asterisk must be completed. We respect your right to privacy and will only use any information you provide to us in accordance with our Privacy and Cookies Policy.
OUR CONTRACT WITH YOU
Once you place your order to purchase a Product from us by following the steps outlined above and by clicking the button labelled “Place Order” we will send you an email confirming your purchase. This email will provide you with the details of the order. This is not an order acceptance by us. A dispatch confirmation email, including a tracking code will then be sent when your order leaves our warehouse. Our acceptance of your order and the completion of the contract between you and us will take place when we have dispatched the Products to you.
If we are unable to accept your order, we will inform you of this and will not charge you for the Product(s). This might be because the (i) Product is out of stock, (ii) because we have identified an error in the price or description of the Product; (iii) our inability to obtain authorisation for your payment; or (iv) because of unexpected limits on our resources which we could not reasonably plan for.
The contract will be concluded in English.
PAYMENTS FOR THE PRODUCTS
All Products will remain our property until we have received payment in full for those Products. Legal ownership in the Products will immediately revert to us if we refund any such payments to you.
During the checkout process, you will be asked to complete your payment details. All fields with an asterisk must be completed. We accept most major credit and debit cards. Please note that we will collect, store and use your information in accordance with our Privacy & Cookies Policy.
All card payments are subject to authorisation by your card issuer. If your payment is not authorised, we will cancel your order and notify you in writing (which may include e-mail) that we have done so. If you have already received the Products you ordered from us, you must return those Products to us at your own expense. If you fail to do so within 2 weeks of our cancelling your order, we may arrange for collection of the Products at your expense.
If we cannot supply you with the Products that you have ordered, we will cancel your order and inform you of this as soon as reasonably possible. We will give you a full refund where you have already paid for the Products.
OUR RIGHTS TO MAKE CHANGES
We may change the Product to reflect changes in relevant laws and regulatory requirements.
DELIVERY OF THE PRODUCTS
For information on shipping including shipping costs and estimated delivery times please see the Shipping policy on our Website.
Delivery will be to the address specified in your order. If no one is available at the address at the time of delivery, the Products will either (i) be retained by the delivery company for a reasonable period of time and then returned to us or (ii) will be left in your designated “safe place” if you selected this option. If you choose to have your order delivered to a safe place, please select from one of the chosen safe places on the list and ensure that the safe place you choose is protected from the elements and is guarded from public view to avoid damage and theft.
However, we can't guarantee that our carriers will be able to meet these instructions under all circumstances although we will endeavour to accommodate your request. You acknowledge that you are fully responsible for any order left in your chosen safe place.
If Products are returned to us by the delivery company, we will issue you with a refund for the Products but reserve the right to retain any costs incurred in arranging for the delivery and return of the Product.
All risk in the Products you order (including risk of loss and/or damage to the Products) shall pass to you upon delivery to you. Products will count as delivered once they are left in your designated safe place.
We shall be under no liability for any delay or failure if the delay or failure is caused by a third party or is wholly or partly caused by circumstances beyond our control.
OUR LIABILITY TO YOU
We will use reasonable skill and care in fulfilling any order placed by you which is accepted by us. However, we exclude all other representations, warranties, conditions and terms express or implied by statute, common law or otherwise to the fullest extent permitted by law.
Save as expressly set out in these Terms of Sale, we will not be liable for any special, indirect, incidental, consequential or economic loss or for loss of profits or revenues howsoever caused arising in connection with any order placed by you.
Notwithstanding the above, our total liability (whether in contract, tort, negligence or on any other basis) to you, for any loss or damage shall be limited to the sums paid or payable for the Products.
We will not be liable to you where we breach these Terms of Sale due to any cause that is beyond our reasonable control, including acts of God, explosions, floods, tempests, fires or accidents; wars or threats of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes; difficulties in obtaining materials, labour, fuel, parts or machinery; power failure or breakdown in machinery.
Nothing in these Terms of Sale shall limit our liability for personal injury, death or fraud.
This clause does not affect your statutory rights as a consumer.
RETURNS AND REFUNDS UNDER OUR RETURNS POLICY
We hope you love your purchases, but if for any reason you do need to return something to us, we’ve made it as simple as possible. Please see our Returns Policy for details.
OTHER IMPORTANT TERMS
We may update or amend these Terms of Sale from time to time to comply with law or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on the Website.
These Terms of Sale supersede any other terms and conditions previously published by us and any other representations or statements made by us to you, whether oral, written or otherwise.
You may not assign or sub-contract any of your rights or obligations under these Terms of Sale to any third party unless we agree in writing.
We may assign, transfer or sub-contract any of our rights or obligations under these Terms of Sale to any third party at our discretion.
No relaxation or delay by us in exercising any right or remedy under these Terms of Sale shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.
If any of these Terms of Sale are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms of Sale shall remain in full force and effect.
Only you and we shall be entitled to enforce these Terms of Sale. No third party shall be entitled to any of these Terms of Sale, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
These Terms of Sale are governed by English law. In the event of any matter or dispute arising out of or in connection with these Terms of Sale, you and we shall submit to the exclusive jurisdiction of the English courts.
Last Revised: May 2018.