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Terms and Conditions of Use
www.beautybybex.eu (“the Site”) provides you with access to our website subject to the following terms and conditions, our Privacy Policy and other terms and conditions and policies which you may find throughout the Site all of which are considered a part of and included within these terms and conditions (collectively, “Terms and Conditions”). BY ACCESSING AND/OR USING THE SITE YOU CONSENT TO THESE TERMS AND CONDITIONS. If you do not agree to these Terms and Conditions, then you are not allowed to access and/or use the Site.
Use of Site
You may access and use the Site solely for your personal use in accordance with and subject to these Terms and Conditions. You agree to act in good-faith, not to damage the operation of the Site and not to access or use the Site in any manner that is prohibited or unlawful. We may in our sole discretion terminate your access to, and/or use of, the Site, or any portion thereof, at any time, with or without notice and for any reason (or no reason).
Product Information
When describing and displaying our products on the Site we make an effort to be accurate. However, to the extent permitted by law, we do not warrant the product description, information, packaging, shades or colours, or other content on the Site are current, complete, accurate or error-free. We are not responsible for typographical or other errors, inaccuracies or omissions. Product descriptions, prices, availability and promotions are subject to change without notice, and we reserve the right to change or update such information at any time.
All products which appear on the Site are subject to availability.
Gift Voucher Terms & Conditions
The value on the Rebecca’s Beauty Salon Gift Voucher can be used as full payment for treatments only at Rebecca’s Beauty Salon. The monies on the card cannot be exchanged for cash. Any additional cost exceeding the value of this voucher will be paid by the redeemer. All monies on the card must be used by the expiry date, which is 3 months from the date the card was issued. The voucher cannot be replaced if lost. This gift voucher will be considered null and void without the expiry date and authorized signature being filled up, stamp and other authentication signs or if tampered. Rebecca’s Beauty Salon reserves the right to amend these terms and conditions at any time. In the event of any dispute, the decision of Rebecca’s Beauty Salon is final. Your statutory rights are not affected.
Retail Products Refund & Exchange Policy
Products must be returned unused, unopened with their seal intact and in the same condition as they were originally purchased from Beauty by Bex. We will not accept for exchange or refund any item which has been used or is not in the exact condition in which it was purchased from us. Due to some products containing sell-by or used-by dates we cannot except returns after 14 days of purchase. Proof of purchase for your item is required always. This does not affect your statutory rights.
Registration
You may register for our Site if you are over thirteen (13) years old. If you register or provide information to us, you agree to provide only true, accurate, current and complete information. You understand and agree that it is your responsibility to keep your username and/or password confidential. You agree that you are responsible for all activities under your account, username and/or password. If you allow another party to use your account you will be responsible for all use of the Site by said party. We reserve the right to terminate your account without prior notice at our sole discretion.
Privacy
Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regards to your personal information.
These Terms and Conditions of Use should be read alongside, and are in addition to our Privacy Policy.
For the purposes of these Terms and Conditions:
a) “Data Protection Laws” means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) of the GDPR.
b) “GDPR” means the General Data Protection Regulation (EU) 2016/679.
c) “Data Controller”, “Personal Data”, and “Processing” shall have the same meaning as in the GDPR.
We are a Data Controller of the Personal Data we Process in providing the products to you.
Where you supply Personal Data to us so we can provide products to you, and we process that Personal Data in the course of providing the products to you, we will comply with obligations imposed by the Data Protection Laws:
a. before or at the time of collecting the Personal Data, we will identify the purposes for which information is being collected;
b. we will only Process Personal Data for the purposes identified;
c. we will respect your rights in relation to your Personal Data; and
d. we will implement technical and organizational measures to ensure your Personal Data is secure.
For any queries or complaints regarding data privacy you can email: [email protected]
Third-Party Sites
We are not responsible for any third-party websites linked to or from the Site. Such links do not imply that we endorse the material on such websites or that we are affiliated with them. When you link to or from any third party website you are doing so at your own risk. Any communication or transaction between you and the third party website are solely between you and that party. Please make sure that you review the third party website’s terms and conditions and privacy policies before you enter into any transaction with them. We disclaim all liability for your access and/or usage of third party websites.
Contests, Sweepstakes, Surveys, etc.
Please be aware that the Site may from time to time offer events such as contest, sweepstakes, surveys etc. and that these may be subject to terms of use, rules and/or policies in addition to or instead of these Terms and Conditions and may be offered either by Beauty by Bex or by third parties. If you decide to participate in these events, you agree that said events will be subject to such additional or separate terms of use, rules and/or policies, including but not limited to privacy policies.
Intellectual Property
All information and content on the Site, as well as the selection and arrangement of the content, including but not limited to trademarks, logos, service marks, text, graphics, icons, images, video or audio clips, is owned by Beauty by Bex, (or its affiliates, partners, or licensors) and is protected by copyright, trade dress, trademark, unfair competition, European and international laws, including copyright and trademark laws, and/or other laws and may not be used, copied, reproduced, duplicated, sold, resold, accessed, modified in whole or in part except as expressly provided in these Terms and Conditions. All rights in and to the content are expressly reserved by Beauty by Bex.
Posting on the Site
Some portions of the Site may allow you to transmit or post your comments, reviews and or opinions (collectively “Comments”). We do not monitor all Comments that are posted on the Site nor do we endorse or control the Comments transmitted or posted. By using the Site, you may be exposed to Comments that are offensive, indecent or objectionable to you. You agree that we shall not be liable in any way for Comments, including, without limitation, for any errors or omissions, or for any loss or damage resulting from Comments. We have the right, but not the obligation to edit or remove any Comments that you submit to the Site, as we see fit, including but not limited to Comments which we deem abusive, obscene, defamatory, unlawful, objectionable or otherwise inappropriate. We may delete or destroy your Comments at any time without liability or obligation to you. You are solely responsible for your Comments. We disclaim any and all liability for use of any information whatsoever that you post. By submitting Comments to the Site, you hereby grant to Beauty by Bex, its affiliates and related entities a non-exclusive unrestricted, worldwide, perpetual, irrevocable, royalty-free, fully assignable right and license to use, copy, exploit and display all such Comments in any form, including but not limited to the right to use your first name, city and state and other information that you publicly post.
Copyright Infringements
If you are a copyright owner or an agent for such owner and you believe that any Comments or other user content on the Site infringes upon your copyrights, you may notify us by providing the following information in writing:
(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;
(2) Identification of the copyrighted work claimed to have been infringed;
(3) Identification of the material(s) that is claimed to be infringing;
(4) Description of the location on the Site of the allegedly infringing material(s);
(5) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
(6) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(7) A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed.
Our agent for notice of claims of copyright infringement can be reached at the following address:
Rebecca’s Beauty Salon,
15, Triq San Bartilmew
Gharghur
If you do not comply with all of the above requirements, your notice may not be valid.
Indemnification
You agree to indemnify and hold harmless Beauty by Bex, its officers, directors, employees, agents, licensees and/or affiliates from and against any and all claims, actions, demands, liability and costs, including without limitation, reasonable attorney’s fees, in connection with any claim arising out of, or allegedly arising out of, your access or use of the Site, including, but not limited to, a breach of these Terms and Conditions by you or any user of your account and/or a breach of any other legal notice or guidelines on the Site by you or any user of your account.
No Warranties
The Site is provided on an “AS IS”, “AS AVAILABLE” basis. WE HEREBY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, IN CONNECTION WITH THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND/OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BEAUTY BY BEX, SHALL NOT BE LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR OTHERWISE) FOR ANY ACCESS INTERRUPTIONS TO THE SITE, DATA NON-DELIVERY OR DESTRUCTION, DAMAGES OF ANY KIND AS A RESULT OF USAGE OF THIRD-PARTY WEBSITES, COMPUTER VIRUSES, SYSTEMS FAILURE OR MALFUNCTIONS, INACCURACIES OF CONTENT, BUSINESS INTERRUPTIONS AND/OR EVENTS BEYOND MAKIBA ESSENCE’S CONTROL. FURTHERMORE, TO THE FULLEST EXTENT PERMITTED BY LAW, MAKIBA ESSENCE, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA) RELATED TO THE SITE OR YOUR USE OF THIS SITE OR ANY OTHER LINKED WEB SITES REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF BEAUTY BY BEX, HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES.
Circumstances beyond the control of either party
In the event of failure by a party because of something beyond its reasonable control:
a. the party will advise the other party as soon as reasonably practicable; and
b. the party’s obligations will be suspended so as far is reasonable, provided that that party will not be liable for any failure which it could not reasonably avoid, but this will not affect the client’s rights relating to delivery and the rights to cancel.
Modification of Terms and Conditions
We may at our sole discretion modify these Terms and Condition or add additional conditions that govern your usage of the Site at any time by posting the modifications or additions on the Site. You are responsible for regularly reviewing the most current Terms and Conditions. Any changes will be effective upon posting. Your continued use of the Site after we post revised Terms and Condition constitutes your agreement to any and all such revised terms. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. Additionally, we may modify the use of all or any portion of the Site at any time for any reason and without notice or liability, and we may, with or without notice to you, change any services that may be offered on the Site.
General
You agree that these Terms and Conditions and any other terms and conditions that may appear on the Site constitute the complete and exclusive agreement between us concerning your use and access of the Site, and supersede and govern all prior proposals, agreements, or other communications, terms, conditions and understandings, both written and oral, with respect to such use and access of the Site. You agree to receive notices relating to the Site and/or these Terms and Conditions electronically, including but not limited to, e-mail or posting on the Site. Any such notice shall be deemed given and received on the day it is sent or posted. Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership or joint venture between us. Our failure to enforce performance by you of any provision of these Terms and Conditions shall not constitute a waiver of any provision or right. If any portion of these Terms and Condition is held to be invalid or unenforceable, the invalid or unenforceable portion shall be modified in accordance with the applicable law as nearly as possible to reflect the original intention of the applicable provision, and the remainder of these Terms and Conditions shall remain in full force and effect. You agree that any cause of action that you may wish to bring arising out of or related to these Terms and Conditions and/or the Site must be commenced within one (1) year after the cause of action arises; otherwise, such cause of action shall be permanently barred. You may not use the Site or export the content in violation of Malta import/export laws and regulations.
Ⓒ 2020 Rebecca Sansone