General Terms & Conditions
Version 2.0.1.1 Last updated: 28/10/2019
GENERAL TERMS & CONDITIONS
Boysnberriescosmetics.com is a website owned and operated by MAKEUP SHOP SRL - a Romanian company with registered offices at Street Mihail Kogalniceanu, number 2, Sat Miroslava, Com. Miroslava, Iasi, Romania, 707305. MAKEUP SHOP SRL is VAT registered in Romania and our VAT number is RO 27079589.
Please read the following terms and conditions carefully before using our website. These terms (together with any documents referred to in them) describes the terms of usage of our site, whether as a guest or a registered user. Usage of our website includes accessing, browsing, or registering to our site.
By accessing this website located at www.boysnberriescosmetics.com, we assume you acknowledge having read, understood and agreed to be bound by these Terms and Conditions, without limitations or reservations. If you do not agree with these Terms and Conditions please do not use our website, order or use any our products or services.
These Terms and Conditions govern and apply to your access to and use of our website, any order you place through our website, and all products and services we supply, produce, distribute, or market.
We may from time to time modify this website and these Terms and Conditions. We therefore recommend that you access and read the Terms and Conditions regularly in order to ensure that you are acquainted with the latest version.
By using our website, you confirm that you accept these terms and that you agree to comply with them.
OTHER APPLICABLE TERMS & POLICIES
The current Terms & Conditions refer to the following policies which also apply to the usage of our website, depending on your activity:
From time to time we may run contests and other campaigns on the website. Separate terms and conditions will be published where applicable governing these campaigns or contests.
CHANGES TO THESE TERMS
The Terms and Conditions are updated periodically and the content within may change at any time. Please check this page regularly to take notice of any changes we have made as they are binding. Your use of this website following such a change constitutes your agreement to follow and be bound by these amended terms. If at any time you do not agree to the modified Terms & Conditions, please do not use our website.
CHANGES TO THE WEBSITE
We regularly update the content on our website, however, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.
We cannot guarantee that our site, or any content on it, will be free from errors or omissions.
ACCESSING OUR WEBSITE
Our site is made available free of charge.
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our site. We do not warrant that our site is compatible with your computer equipment or mobile phone or that our site or its servers are free of errors or any kind of malware and we are not liable for any damage you may suffer as a result of such destructive features.
NO WARRANTY
Except for our e-commerce site (which is governed by separate terms and conditions of use as detailed in our Terms & Conditions of Sale) our site is provided "as is" and excludes any warranties of any kind, either express or implied, to the fullest extent permissible pursuant to applicable law including (but not limited to) the exclusion of warranties of title, merchant ability, satisfactory quality, fitness for a particular purpose and non-infringement of proprietary or third party rights.
LIMITATION OF LIABILITY
To the maximum extent permitted by law, in no event shall MAKEUP SHOP SRL be liable for any indirect, incidental, special, exemplary, or consequential damages arising out of or in connection with the services or products, whether or not the visitor of our website has been advised of the possibility of such damages or from any communications, interactions or meetings with other users of the site products or services, on any theory of liability (including contract, tort including negligence, or howsoever otherwise) arising out of, in connection with, or resulting from an use of our website. Our company’s aggregate liability for all claims relating to the products or services shall in no event exceed the amount paid by you to our company for the products or services in question.
INTELLECTUAL PROPERTY
All the content on this website including but not limited to text, software, video, music, sound, graphics, photographs, illustrations, artwork, names, logos, trademarks, service marks and other material is the exclusive property of MAKEUP SHOP S.R.L. unless stated otherwise and is protected by international and local Copyright laws and Treaties.
The logos and product names described on our website are trademarks or registered trademarks of Boys’n Berries Cosmetics. Boys’n Berries Cosmetics trademarks may not be copied, imitated, or used, in whole or in part, without the prior written permission of Boys’n Berries Cosmetics or the rights holder. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Boys’n Berries Cosmetics, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of MAKEUP SHOP SRL.
All intellectual property rights are reserved. You may access this content from Boys'n Berries Cosmetics for your own personal use subjected to restrictions set in these terms and conditions.
You may not offer for sale or sell or distribute over any other medium (including distribution by over-the-air television or radio broadcast or distribution on a computer network) the content or any part thereof. You may not make any part of our site available as part of another website, whether by hyperlink framing on the internet or otherwise. Our site and the information contained therein may not be used to construct a database of any kind, nor may our site be stored (in its entirety or in any part) in databases for access by you or any third party or to distribute any database websites containing all or part of our site.
You may not use any of our trademarks or trade names without our prior express written consent and you acknowledge that you have no ownership rights in and to any of those names and marks. You must not use any part of the content on our site for commercial purposes without obtaining a license to do so from us or our licensors. If you print off, copy or download any part of our site in breach of these terms, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the content you have made. You agree to abide by all additional copyright notices or restrictions contained in our site.
You agree to notify us promptly in writing if you become aware of any unauthorized access to or use of our site by any party or of any claim that our site or any of the contents of our site infringes any copyright, trade mark, or other contractual, statutory or common law rights of any party.
If you would like information about obtaining our permission to use any of the content on our website, please email us your enquiry at info@boysnberriescosmetics.com
LINKING TO OUR WEBSITE
You may link to our home page, or any of the pages on our website provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must also not establish a link to our site in any website that is not owned by you. Our site must not be framed on any other site.
We reserve the right to withdraw linking permission without notice.
If you wish to make any use of content on our site other than that set out above, please contact by email at info@boysnberriescosmetics.com.
EXTERNAL LINKS
On our website you might find external link that will redirect you to other websites. Linked third party sites are not under our control and we are not responsible for the contents of any such linked site or any link contained in such a linked site. We will not be liable for any loss or damage that may arise from your use of them. Any concerns regarding any such service or resource or any link thereto should be directed to the outside service or resource.
Existence of links to other third-party sites is not an endorsement in favor of such site or the products or services contained in any linked site.
MALWARE AND VIRUSES
Even though we take all the precautions we consider necessary to ensure that all our content is free from viruses and malware, we cannot guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform in order to access our site. You should always use your own virus protection software.
AGE LIMITATION
Boys’n Berries Cosmetics will never knowingly request, accept or use personal information from children under 13 years of age. Our website is not designed for children. If you are under 13 and want to make a purchase, please have a parent place the order for you. If Boys’n Berries Cosmetics receives actual knowledge that a shopping account has been opened by someone under 13 years of age or information has been provided by someone under 13, Boys’n Berries Cosmetics will eliminate all personal information relating to that individual from our records including but not limited to any account information, user uploaded content or interaction with the website.
ACCOUNT REGISTRATION
Certain features of the website may require registration or otherwise ask you to provide information to access certain content. The decision to provide this information is purely voluntary. However, if you elect not to provide the requested information, you may not be able to access certain content or use certain features of the website.
You agree that you will not provide any false personal information to the website or create an account for anyone other than yourself without their permission. You will also not create more than one account for yourself. If you select a username for your account, we reserve the right to remove or reclaim it if we believe in our sole discretion that is necessary or appropriate (e.g., if a trademark owner complains about a username). If we believe or suspect that your information is not true, accurate, current or complete, we may deny or terminate your access to the website or services and that you have full power and authority to enter into the Terms and Conditions and in doing so will not violate any other agreement to which you are a party.
YOUR ACCOUNT AND PASSWORD
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential and must not disclose it to any third party.
We have the right to disable any user identification code 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.
If you know or suspect that anyone other than you knows your user identification code or password, you must change it and promptly notify us at info@boysnberriescosmetics.com.
USER CONDUCT
By posting User Content in or otherwise using any communications service or other interactive service that may be available to you on or through the website from time to time, you agree that you are the sole responsible person and/or entity from which such User Content originated. Moreover, you agree not to access or use the website for any purpose that is prohibited by these Terms and Conditions. You are responsible for all your activity in connection with the website.
By way of example, and not as a limitation, you agree not to (and shall not permit any third party to) use the website to:
- upload, post, e-mail, or otherwise transmit any User Content that is inaccurate, unlawful, harmful, threatening, embarrassing, abusive, harassing, defamatory, vulgar, obscene, offensive, profane, libelous, deceptive, fraudulent, invasive of another’s privacy, hateful, or contains or depicts nudity or explicit or graphic descriptions or accounts of sexual or violent acts (including, but not limited to, sexual language of a violent or threatening nature directed at another individual or group of individuals), or is otherwise inappropriate as determined by us in our sole discretion;
- harm any person in any way;
- upload, post, e-mail, or otherwise transmit any User Content that
- victimizes, harasses, degrades, or intimidates an individual or group of individuals based on any impermissible classification, including, without limitation, religion, gender, sexual orientation, race, color, creed, ethnicity, national origin, citizenship, age, marital status, veteran status or disability;
- infringes any patent, trademark, trade secret, copyright, right of publicity or other intellectual or proprietary right of any party; and
- you do not have a right to transmit under any law or under any contractual or fiduciary relationship (such as insider information, intellectual, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, e-mail, or otherwise transmit any material that contains software viruses or any other computer code, files, worms, logic bombs or programs designed or intended to interrupt, disable, damage, destroy, or limit the functionality of the website or any computer software or hardware or telecommunications equipment or any other similarly destructive activity;
- obtain unauthorized access to any system, data, password or other information;
- interfere with or disrupt the website or servers or networks linked to the website, or disobey any requirements, procedures, policies, or regulations of networks linked to the website;
- intentionally or unintentionally violate any applicable local, state, national, or international law, and any rules, regulations, orders, directives and the like having the force of law;
- upload, post, e-mail, or otherwise transmit any material, or take any other actions with respect to your use of the website, that would constitute, or would otherwise encourage, criminal conduct or conduct that could give rise to civil liability;
- for commercial purposes, including, without limitation, submitting any material to solicit funds or to promote, advertise or solicit the sale of any goods or services;
- solicit others to join or become members of any other commercial online service or other online or offline group or organization;
- impersonate any other person or entity, including by providing any false personal information to us (including a false username) or creating any account for anyone other than yourself who has not consent to it;
- submit any person’s identification documents or sensitive financial information; or
- breaches the Privacy Policy. Violation of any of the foregoing may result in immediate termination of your license to access or use the website and may subject you to state and federal penalties and other legal consequences.
We reserve the right, but shall have no obligation, to investigate your use of the website in order to
- determine whether a violation of the Terms and Conditions has occurred or
- comply with any applicable law, regulation, legal process or governmental request.
In your usage of our website you agree that you will not harvest, collect or store information about the users of the website or the User Content or use such information for any purpose inconsistent with the purpose of the website or for the purpose of transmitting or facilitating transmission of unsolicited advertising, junk or bulk electronic mail or communications.
You may not:
- take any action that imposes or may impose (as determined by Us in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- interfere or attempt to interfere with the proper working of the website or any activities conducted on the website;
- bypass any measures we may use to prevent or restrict access to the website or portions thereof (or other accounts, computer systems or networks connected to the website);
- run any form of auto-responder or “spam” on the website;
- use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the website; or
- harvest or scrape any content from the website.
USER UPLOADED CONTENT
We welcome user comments, information and submissions. In addition, you and other users of the website may have the opportunity to post certain ideas, concepts, information, data, text, music, sound, photographs, graphics, video, messages, comments on our products, advertising and other promotional materials or events, facts, advice, “tips”, opinions and other material (collectively, “User Content”).
Subject to our Privacy Policy, all User Content that you post on this website will be treated as non-confidential and non-proprietary to you and may be viewed by you and/or other users of this website. You also agree that we, our affiliates and our licensees are free to use any ideas, concepts, know-how or techniques contained in any User Content you send to us for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products, services and content using such information, without any credit, notice, approval or compensation to you.
We cannot guarantee that other users will not copy, modify, distribute or otherwise use the User Content that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or do not want others to use, do not post it on the website. We and our affiliates are not responsible for any user’s misuse or misappropriation of any User Content you post on the website.
We have no obligation to verify the identity of any users when they are connected to the website or to supervise the User Content that has been provided by users. You acknowledge that we may or may not pre-screen, monitor, review, edit or delete the User Content posted by you and other users on the website. We and our designees retain the right to modify, move, refuse, block or remove any User Content, in whole or in part, for any reason or no reason, with or without notice.
We and our designees also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to
- satisfy any applicable law, regulation, legal process or governmental request,
- enforce these Terms and Conditions, including investigation of potential violations hereof,
- detect, prevent, or otherwise address fraud, security or technical issues,
- respond to user support requests, or
- protect our rights, property or safety, users of the website and the public.
All the User Content that is uploaded to/through our website will be deemed non-proprietary and non-confidential and may be used by us, our affiliates or others without restriction.
You represent and warrant that you own or otherwise control any and all rights in and to the User Content that you submit and that our public posting and use of that User Content will not infringe or violate the rights of any third party in any manner, including without limitation any privacy rights, publicity rights, copyrights, contract rights or any other intellectual property or proprietary rights.
By submitting, sending, posting, uploading, modifying or otherwise providing information, material, or any other communication to us including User Content, whether solicited or unsolicited, you grant us and our designees the royalty-free, fully paid, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferable, assignable, sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, improve, distribute, commercialize, perform, or display such User Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for any purpose, including, without limitation, advertising and promotional purposes, reproduction, transmission, publication, broadcast and posting without any further consent by you or notice, credit and/or compensation to you or any third parties.
You also hereby do and shall grant each user of the website a non-exclusive license to access your User Content through the website, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content.
We and our designees also have the right, but not the obligation, to use your user name (and real name, image, likeness or other identifying information, if provided in connection with User Content), city and state in connection with broadcast, print, online or other use or publication of your User Content. We and our designees may use or otherwise transfer, remove or dispose of any and all User Content without restriction and users of the website shall not be entitled to any compensation whatsoever for any such use, transfer or disposition of User Content by us. Notwithstanding the foregoing, personally identifiable data, if any, included in User Content shall be handled in accordance with our Privacy Policy.
ACCOUNT TERMINATION
At any point you may end your legal agreement with Boys’n Berries Cosmetics by deactivating your accounts and by discontinuing the use of our products and services. For more information about what happens to your data that we collected please access our Privacy Policy.
We may suspend or terminate your account or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if we reasonably believe:
- you have violated these Terms & Conditions and/or Policies
- you create risk or possible legal exposure for us;
- your account should be removed due to prolonged inactivity; or
- our provision of the Services to you is no longer commercially viable.
We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account, depending on the circumstances.
INDEMNITY
You agree to indemnify, defend, and hold harmless each of MAKEUP SHOP S.R.L., its employees, representatives and agents, from and against any claims, actions, demands or other proceedings brought against any of MAKEUP SHOP S.R.L., its employees, representatives or agents, by a third party, to the extent that such claim, suit, action or other proceeding brought against MAKEUP SHOP S.R.L., its employees, representatives, suppliers, or agents is based on or arises in connection with:
- your use of our Site;
- any breach by you of these Terms;
- a claim that any use of our Site by you
- infringes any intellectual property rights of any third party, or any right of personality or publicity, or
- is libelous or defamatory, or otherwise results in injury or damage to any third party;
- any deletions, additions, insertions, or alterations to, or any unauthorized use of, our Site by you; or
- any misrepresentation or breach of representation or warranty made by you contained herein.
References in this section of these terms to your use of our site shall be deemed to include any use by a third party where such a third party accesses our site using your computer. You agree to pay MAKEUP SHOP S.R.L., 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.
GOVERNING LAW AND JURISDICTION
We, MAKEUP SHOP SRL control and operate the website from our offices located in Iasi, Str. Mihail Kogalniceanu, nr. 2, Com. Miroslava, Romania.
By accessing our website you agree that the laws of the European Union, excluding its conflict of laws rules, and these Terms and Conditions, our Privacy Policy and any other policies posted from time to time on the website applicable to your use of the website, shall govern your use of the website.
Please note that your use of the website may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with us (or any of our affiliates) or relating in any way to your use of the website resides in the courts of the European Union, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the European Union, in connection with any such dispute and including any claim involving us or our affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
A printed version of the Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
These Terms and Conditions are the entire agreement between you and us with respect to the website and any User Content and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to those matters. If any provision of these Terms and Conditions is found to be illegal or unenforceable, the remainder of the Terms and Conditions shall be unaffected and shall continue to be fully valid, binding, and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and Conditions, and neither party has any authority of any kind to bind the other in any respect.
If you are a business, these Terms and Conditions, their subject matter and formation are governed by the Romanian Laws. We both agree to the exclusive jurisdiction of the Justice Courts and/or Tribunals of Romania.
LOCAL LAWS AND REGULATIONS
While we invite visitors from all parts of the world to visit the website, visitors acknowledge that the website, and all activities available on and through the website, are governed by the laws of the European Union.
We do not claim and cannot be held responsible for the materials on the website not being appropriate or available for use in other locations. Persons who choose to access the website from other locations do so on their own initiative and are responsible for compliance with local laws.
We do not represent that either our site or the content is appropriate for use or permitted by local laws in all jurisdictions. Those who access our site do so on their own initiative and are responsible for compliance with applicable local laws or regulations; Legal advice should be sought in cases of doubt.
FORCE MAJEURE
We shall not be responsible for any delay, suspension or failure arising out of any circumstances outside of our reasonable control, including but not limited to, governmental actions, strikes, lockouts or other labor difficulty, war or national emergency, acts of terrorism, fire, explosion, flood, an act or omission of a third party, inability to obtain any necessary materials, equipment, facilities or services, the failure of performance provided by others, internet interruption or virus, accidents or breakdown of plant, machinery, software, hardware or communication network.
