STORE POLICY

 

TERMS AND CONDITIONS

Please read these terms of use (“Agreement” or “Terms of Use”) carefully before using the website and services offered by FW COSMETICS LTD

. The Agreement sets out the legally binding terms and conditions for your use of the website at FW COSMETICS LTD (the “Site”) and all services provided by FW COSMETICS LTD on the site.

By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the “user” or “you”) agree to be bound by this Agreement, including those additional terms and conditions and policies referred to here and/ or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are sellers, customers, merchants, contributors of content, information and other materials or services on the Site.

If you have any questions, please email us at admin@fwbeauty.com.

FW COSMETICS LTD allows users, who comply this agreement to offer, sell and buy certain fashion goods within a fixed-price format. FW COSMETICS LTD is not directly involved in the transactions between buyers and sellers. As a result, FW COSMETICS LTD has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. FW COSMETICS LTD does not pre-screen content or information provided by users. FW COSMETICS LTD cannot ensure that a buyer or seller will actually complete a transaction.

Consequently, FW COSMETICS LTD cannot and does not transfer legal ownership of items from the seller to the buyer.

FW COSMETICS LTD cannot guarantee the true identity, age, and nationality of a user and encourages you to communicate directly with potential transaction partners through the tools available on the Site and asks that you do not arrange to meet users from the Site in person.

You agree that FW COSMETICS LTD is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on FW COSMETICS LTD. You use the FW COSMETICS LTD service at your own risk.

Membership Eligibility

Age: FW COSMETICS LTD services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. FW COSMETICS LTD may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and may change its eligibility criteria at any time without notice to you. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.

Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes payable as a result of your activity on the Site. In addition, you agree to abide by FW COSMETICS LTD policies as stated in this Agreement and listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by FW COSMETICS LTD, each of which is incorporated herein by reference and each of which may be updated by FW COSMETICS LTD from time to time without notice to you:

  • Terms & Conditions

  • Privacy Policy

In addition, some services offered through the Site may be subject to additional terms and conditions published by FW COSMETICS LTD from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.

Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify FW COSMETICS LTD of any unauthorised use of your password or any breach of security. You also agree that FW COSMETICS LTD cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and/or password information to any other party other than FW COSMETICS LTD without FW COSMETICS LTD express written permission.

Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email and address. To sell items on FW COSMETICS LTD you must provide and maintain a valid PayPal business account and postal address.

Account Transfer: You may not transfer or sell your FW COSMETICS LTD account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.

Account Ownership: FW COSMETICS LTD Stores may only hold and operate one active selling account at any one time and the selling account must only be operated by the named account holder. If a secondary account is required then the Store must request prior written permission from FW COSMETICS LTD. shop.

FW COSMETICS LTD reserves the right to reject any such request and may, at its discretion, terminate additional selling accounts or selling accounts being operated by a person other than the named account holder without prior warning.

Feedback: FW COSMETICS LTD takes feedback integrity seriously. Sellers may offer small incentives for general feedback, however manipulation and/or bribery is not tolerated. FW COSMETICS LTD team reserve the right to remove any feedback which it suspects has been posted as a result of such manipulation or bribery and may close the seller account to which it relates.

Right to Refuse Service: FW COSMETICS LTD reserves the right to refuse service to anyone at any time. FW COSMETICS LTD reserves the right, in FW COSMETICS LTDs sole discretion, to cancel unconfirmed or inactive accounts.

Listing And Selling

Listing Description: By listing an item on the Site you warrant that you and all aspects of the item comply with FW COSMETICS LTD published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your listing. Your listings may only include text descriptions, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. You must not list an item more than once, unless the item’s listing has naturally expired. If the “in stock” quantity is more than one, all items in that listing must be identical with the only exception being minor variations arising from items being hand-finished which must be included on the listing.

Binding Sale: All sales are binding. The seller is responsible for shipping up to the point of delivery or otherwise completing the transaction with the buyer within 20 days, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller’s listing (such as payment method), or (b) the seller cannot authenticate the buyer’s identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.

Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and posting the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item’s price after a sale for the purpose of avoiding FW COSMETICS LTD transaction fees, misrepresent the item’s location, or use another user’s account without permission. Sellers may not encourage buyers to purchase an item listed on FW COSMETICS LTD outside of the FW COSMETICS LTD site, such as directly through PayPal. This may also constitute fee avoidance.

Promotional Codes: Sellers may issue promotional codes for promotional purposes only and these are to be used against purchases from the issuing seller’s Stores only. Promotional codes have no cash value and cannot be exchanged for money or credit. Sellers are expressly prohibited from selling promotional codes for their Store,FW COSMETICS LTD and/ or theFW COSMETICS LTD website. If the Seller is found to be selling promotional codes this may constitute fee avoidance.

Badge use: If a Seller would like to use the “Find me on FW COSMETICS LTD” badge to advertise and promote their listing on FW COSMETICS LTD, they will need the Site’s prior written permission to do so. Please email us at admin@fwbeauty.com.

Prohibited, Questionable And Infringing Items And Activities

You are solely responsible for your conduct and activities on and regarding to FW COSMETICS LTD and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, “Content”) that you submit, post, and display on FW COSMETICS LTD.

Restricted Activities: Your Content and your use of FW COSMETICS LTD:

  1. Must not be false, inaccurate or misleading

  2. Must not be fraudulent or involve the sale of illegal, counterfeit or stolen items

  3. Must not involve the sale of real fur items.

  4. Must not infringe upon any third-party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy.

  5. Must not breach this Agreement, any site policy or community guidelines, or any applicable law or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)

  6. Must not contain items that have been identified as hazardous to consumers

  7. Must not be defamatory, libellous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including FW COSMETICS LTD staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device

  8. Must not be obscene

Furthermore, you must not list any item on FW COSMETICS LTD (or conclude any transaction that was initiated using FW COSMETICS LTD service) that, by paying toFW COSMETICS LTD a commission fee, could cause FW COSMETICS LTD to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.

Content

License: FW COSMETICS LTD does not claim ownership rights in your Content. You grant FW COSMETICS LTD a license solely to enable FW COSMETICS LTD to use any information or Content you supply FW COSMETICS LTD with so that FW COSMETICS LTD is not violating any rights you might have in that Content. You grant FW COSMETICS LTD a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow FW COSMETICS LTD to store or re-format your Content on FW COSMETICS LTD and display your Content on FW COSMETICS LTD in any way asFW COSMETICS LTD chooses. FW COSMETICS LTD will only use personal information in accordance with FW COSMETICS LTD Privacy Policy.

By uploading Content to FW COSMETICS LTD you confirm that you own and/ or have the right to use such Content in this manner and that such Content does not infringe any third party intellectual property rights. In the event that FW COSMETICS LTD receives a complaint in respect of any Content posted by you it shall be your sole responsibility to deal with such a complaint and to compensate FW COSMETICS LTD for any loss suffered. FW COSMETICS LTD reserves the right to remove any such Content immediately.

As part of a transaction, you may obtain personal information, including email address and shipping information, from another FW COSMETICS LTD user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for FW COSMETICS LTD -related communications. FW COSMETICS LTD has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any FW COSMETICS LTD user to your email or physical mail list. For more information, see FW COSMETICS LTD Privacy Policy.

By uploading Store images to FW COSMETICS LTD, you agree that FW COSMETICS LTD has the right to use your images to promote the FW COSMETICS LTD and/ or your Store in any external press as well as across all FW COSMETICS LTD Websites.

Re-Posting Content: By posting Content onFW COSMETICS LTD it is possible for an outside website or a third party to re-post that Content. You agree to hold FW COSMETICS LTD harmless for any dispute concerning this use. If you choose to display your own FW COSMETICS LTD–hosted image on another website, the image must provide a link back to its listing page on FW COSMETICS LTD.

Idea Submissions: FW COSMETICS LTD considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the “Material”) to be non-confidential and non-proprietary, and FW COSMETICS LTD shall not be liable for the disclosure or use of such Material. If, at FW COSMETICS LTD request, any member sends Material to improve the site (for example to customer support), FW COSMETICS LTD will also consider that Material to be non-confidential and non-proprietary and FW COSMETICS LTD will not be liable for use or disclosure of the Material. Any communication by you to FW COSMETICS LTD is subject to this Agreement. You hereby grant and agree to grant FW COSMETICS LTD, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sub-licensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the systems, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.

Interactions With Other Users And Private Messaging

Users are solely responsible for interactions with others. Users understand that FW COSMETICS LTD does not in any way screen its users. All users agree to exercise caution and good judgment in all interactions with others, particularly if meeting offline or in person.

Messaging is your way to communicate privately with other FW COSMETICS LTD members. It’s essentially email, but purely for FW COSMETICS LTD members. Messages are primarily intended for communicating about transactions and orders that are underway.

  • You must not use Messages to send unsolicited advertising or promotions, request samples, loans, donations or “spam”. You must not pass on email addresses or any other information on to third parties.

  • Spamming other Stores in order to ask them to ‘follow’ your own Store will not be tolerated.

  • Please use common sense when giving out personal information to others via messaging, for example don’t send someone your credit card details.

  • You must not use messages to knowingly harass, threaten, blackmail or abuse another member.

  • If someone explicitly tells you not to contact them, you must not use Messages to contact them again, unless you are involved in an open transaction.

  • You must not use Messages to interfere with a transaction. This means…

  • You must not contact another member to buy or sell an item listed on FW COSMETICS LTD outside of the FW COSMETICS LTD site. This may also constitute fee avoidance.

  • You must not communicate with a member involved in an active or completed transaction to warn the member away from a particular buyer, seller or item.

Information Control

FW COSMETICS LTD does not control the Content provided by users that is made available on FW COSMETICS LTD You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretence.

Additionally, there may also be risks dealing with international trade. By using FW COSMETICS LTD, you agree to accept such risks and that FW COSMETICS LTD (and FW COSMETICS LTD officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any acts or omissions of users on FW COSMETICS LTD. Please use caution, common sense, and practice safe buying and selling when using FW COSMETICS LTD.

Other Resources: FW COSMETICS LTD is not responsible for the availability of outside websites or resources linked to or referenced on the Site. FW COSMETICS LTD does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that FW COSMETICS LTD shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources or via pop ups which may appear when accessing the Site from your computer.

Resolution Of Disputes

In the event a dispute arises between you and FW COSMETICS LTD, please contact FW COSMETICS LTD

.

Any dispute arising from or relating to the subject matter of this Agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales. Use of the Site is not authorised in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section.

Should you have a dispute with one or more users, or an outside party, you release FW COSMETICS LTD (and its officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

FW COSMETICS LTD, for the benefit of users, may try to help users resolve disputes. FW COSMETICS LTD does so in its sole discretion, and it has no obligation to resolve disputes between users or between users and outside parties. To the extent that FW COSMETICS LTD attempts to resolve a dispute it will do so in good faith based solely on its this agreement and its policies. FW COSMETICS LTD will not make judgments regarding legal issues or claims and all disputes related to financial transactions will ultimately be determined by PayPal.

FW COSMETICS LTDs Intellectual Property

FW COSMETICS LTD,  graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks or trade dress of FW COSMETICS LTD Limited and its subsidiaries.FW COSMETICS LTD copyright, trademarks, service marks, logos, business name, domain name, rights in get up and trade dress and all other intellectual property rights may not be used, including without limitation as part of trademarks and/ or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.

Breach

Without limiting any other remedies, FW COSMETICS LTD may, without notice, and without refunding any fees, delay or immediately remove Content, warn FW COSMETICS LTD community of a user’s actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:

  • FW COSMETICS LTD suspects a user has breached this Agreement, the Privacy Policy, or other policy documents and community guidelines incorporated herein.

  • FW COSMETICS LTD is unable to verify or authenticate any of your personal information or Content

  • FW COSMETICS LTD believes that a user is acting inconsistently with the letter or spirit of FW COSMETICS LTD policies and/or this Agreement, has engaged in improper or fraudulent activity in connection with FW COSMETICS LTD or the actions may cause legal liability or financial loss to FW COSMETICS LTD users or to FW COSMETICS LTD.

Privacy

Except as provided in FW COSMETICS LTD Privacy Policy FW COSMETICS LTD will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent.

No Warranty

FW COSMETICS LTD, officers, directors, employees, and suppliers provide FW COSMETICS LTD web site and services “as is” and without any warranty or condition, express, implied or statutory. FW COSMETICS LTD, its officers, directors, employees and suppliers specifically disclaim any implied warranties of title, merchantability, performance, fitness for a particular purpose and non-infringement. In addition, no advice or information (oral or written) obtained by you from FW COSMETICS LTD shall create any warranty.

Liability Limit

In no event shall FW COSMETICS LTD, and (as applicable) its officers, directors, employees or suppliers be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the site, FW COSMETICS LTD services, or this agreement, including without limitation, lost profits, bodily injury, emotional distress, or any special, incidental or consequential damages.

FW COSMETICS LTD liability, and (as applicable) the liability of FW COSMETICS LTD officers, directors, employees, and suppliers, to you or any third parties in any circumstance is limited to the greater of (a) the amount of fees you pay to FW COSMETICS LTD in the 12 months prior to the action giving rise to liability, or (b) £100.

Indemnity

You agree to indemnify and hold FW COSMETICS LTD and (as applicable) FW COSMETICS LTD parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this agreement or the documents it incorporates by reference, or your breach of any law or the rights of a third party.

No Guarantee

FW COSMETICS LTD does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside FW COSMETICS LTD control or otherwise.

Legal Compliance And Taxes

You shall comply with all applicable domestic and international laws and regulations regarding your use of the Site and any FW COSMETICS LTD service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site.

Severability

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.

No Agency

You and FW COSMETICS LTD are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

FW COSMETICS LTD service

FW COSMETICS LTD reserves the right to modify or terminate the FW COSMETICS LTD service for any reason, without notice, at any time. FW COSMETICS LTD reserves the right to alter these Terms of Use or other Site policies at any time, so please review the policies frequently. If FW COSMETICS LTD makes a material change FW COSMETICS LTD will notify you here, by email, by means of a notice on our home page, or other places FW COSMETICS LTD deems appropriate. What constitutes a “material change” will be determined at FW COSMETICS LTD sole discretion, in good faith, and using common sense and reasonable judgment.

Choice Of Law

This Agreement shall in all respects be interpreted and governed by the laws of England and Wales.

Survival

Sections: Marketplace Is A Venue, Membership Eligibility, Fees And Services, Listing And Selling, Prohibited, Questionable And Infringing Items And Activities, Content, Information Control, Interactions With Other Users And Private Messaging, Resolution Of Disputes And Release, FW COSMETICS LTD Intellectual Property, Breach, Privacy, No Warranty, Liability Limit, Indemnity, No Guarantee, Legal Compliance; Taxes, Severability, No Agency, FW COSMETICS LTD Service, Choice of Law, Survival, Notices, Disclosures shall survive any termination or expiration of this Agreement.

Notices

Except as explicitly stated otherwise, any notices shall be given by post to FW COSMETICS LTD Salamnder 2-10 St Johns Street, Room 3 First floor, Bedford, MK42 ODH (in the case of FW COSMETICS LTD) or, in your case, to the email address you provide to FW COSMETICS LTD (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, FW COSMETICS LTD may give you notice by post to the address provided to FW COSMETICS LTD. In such case, notice shall be deemed given three days after the date of posting.

Please note that FW COSMETICS LTD will deal with all complaints (on valid receipt of your notice) as soon as they can and within a reasonable time frame.

Disclosures

The services hereunder are offered by FW COSMETICS LTD, Salamnder 2-10 St Johns Street, Room 3 First floor, Bedford, MK42 ODH

© 2020 by FW Cosmetics