This website is operated by Kandy Girl Cosmetics, LLC. Throughout the site, the
terms “we”, “us” and “our” refer to Kandy Girl Cosmetics, LLC. Kandy Girl
Cosmetics, LLC offers this website, including all information, tools and services
available from this site to you, the user, conditioned upon your acceptance of all
terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our
“Service” and agree to be bound by the following terms and conditions (“Terms of
Service”, “Terms”), including those additional terms and conditions and policies
referenced herein and/or available by hyperlink. These Terms of Service apply
to all users of the site, including without limitation users who are browsers,
vendors, customers, merchants, and/ or contributors of content.Please read
these Terms of Service carefully before accessing or using our website. By
accessing or using any part of the site, you agree to be bound by these Terms of
Service. If you do not agree to all the terms and conditions of this agreement,
then you may not access the website or use any services. If these Terms of
Service are considered an offer, acceptance is expressly limited to these Terms
Any new features or tools which are added to the current store shall also be
subject to the Terms of Service. You can review the most current version of the
Terms of Service at any time on this page. We reserve the right to update,
change or replace any part of these Terms of Service by posting updates and/or
changes to our website. It is your responsibility to check this page periodically for
changes. Your continued use of or access to the website following the posting of
any changes constitutes acceptance of those changes.Our store is hosted on
Shopify Inc. They provide us with the online e-commerce platform that allows us
to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the
age of majority in your state or province of residence, or that you are the age of
majority in your state or province of residence and you have given us your
consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may
you, in the use of the Service, violate any laws in your jurisdiction (including but
not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination
of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be
transferred unencrypted and involve (a) transmissions over various networks;
and (b) changes to conform and adapt to technical requirements of connecting
networks or devices. Credit card information is always encrypted during transfer
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of
the Service, use of the Service, or access to the Service or any contact on the
website through which the service is provided, without express written permission
The headings used in this agreement are included for convenience only and will
not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate,
complete or current. The material on this site is provided for general information
only and should not be relied upon or used as the sole basis for making
decisions without consulting primary, more accurate, more complete or more
timely sources of information. Any reliance on the material on this site is at your
This site may contain certain historical information. Historical information,
necessarily, is not current and is provided for your reference only. We reserve
the right to modify the contents of this site at any time, but we have no obligation
to update any information on our site. You agree that it is your responsibility to
monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part
or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price
change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the
website. These products or services may have limited quantities and are subject
to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and
images of our products that appear at the store. We cannot guarantee that your
computer monitor display of any color will be accurate. We reserve the right, but
are not obligated, to limit the sales of our products or services to any person,
geographic region or jurisdiction. We may exercise this right on a case-by-case
basis. We reserve the right to limit the quantities of any products or services that
we offer. All descriptions of products or product pricing are subject to change at
anytime without notice, at the sole discretion of us. We reserve the right to
discontinue any product at any time. Any offer for any product or service made
on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other
material purchased or obtained by you will meet your expectations, or that any
errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole
discretion, limit or cancel quantities purchased per person, per household or per
order. These restrictions may include orders placed by or under the same
customer account, the same credit card, and/or orders that use the same billing
and/or shipping address. In the event that we make a change to or cancel an
order, we may attempt to notify you by contacting the e-mail and/or billing
address/phone number provided at the time the order was made. We reserve the
right to limit or prohibit orders that, in our sole judgment, appear to be placed by
dealers, resellers or distributors.You agree to provide current, complete and
accurate purchase and account information for all purchases made at our store.
You agree to promptly update your account and other information, including your
email address and credit card numbers and expiration dates, so that we can
complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither
monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as
available” without any warranties, representations or conditions of any kind and
without any endorsement. We shall have no liability whatsoever arising from or
relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own
risk and discretion and you should ensure that you are familiar with and approve
of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the
website (including, the release of new tools and resources). Such new features
and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include
materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not
affiliated with us. We are not responsible for examining or evaluating the content
or accuracy and we do not warrant and will not have any liability or responsibility
for any third-party materials or websites, or for any other materials, products, or
services of third-parties.
We are not liable for any harm or damages related to the purchase or use of
goods, services, resources, content, or any other transactions made in
connection with any third-party websites. Please review carefully the third-parties
policies and practices and make sure you understand them before you engage in
any transaction. Complaints, claims, concerns, or questions regarding third-party
products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest
entries) or without a request from us you send creative ideas, suggestions,
proposals, plans, or other materials, whether online, by email, by postal mail, or
otherwise (collectively), you agree that we may, at any time, without
restriction, edit, copy, publish, distribute, translate and otherwise use in any
medium any comments that you forward to us. We are and shall be under no
obligation (1) to maintain any comments in confidence; (2) to pay compensation
for any comments; or (3) to respond to any comments.We may, but have no obligation to, monitor, edit or remove content that we determine in our sole
discretion are unlawful, offensive, threatening, libellous, defamatory,
pornographic, obscene or otherwise objectionable or violates any party’s
intellectual property or these Terms of Service. You agree that your comments
will not violate any right of any third-party, including copyright, trademark,
privacy, personality or other personal or proprietary right. You further agree that
your comments will not contain libellous or otherwise unlawful, abusive or
obscene material, or contain any computer virus or other malware that could in
any way affect the operation of the Service or any related website. You may not
use a false e-mail address, pretend to be someone other than yourself, or
otherwise mislead us or third-parties as to the origin of any comments. You are
solely responsible for any comments you make and their accuracy. We take no
responsibility and assume no liability for any comments posted by you or any
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains
typographical errors, inaccuracies or omissions that may relate to product
descriptions, pricing, promotions, offers, product shipping charges, transit times
and availability. We reserve the right to correct any errors, inaccuracies or
omissions, and to change or update information or cancel orders if any
information in the Service or on any related website is inaccurate at any time
without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service
or on any related website, including without limitation, pricing information, except
as required by law. No specified update or refresh date applied in the Service or
on any related website, should be taken to indicate that all information in the
Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are
prohibited from using the site or its content:
(a) for any unlawful purpose; (b) to solicit others to perform or participate in any
unlawful acts; (c) to violate any international, federal, provincial or state
regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our
intellectual property rights or the intellectual property rights of others; (e) to
harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age,
national origin, or disability; (f) to submit false or misleading information;(g) to
upload or transmit viruses or any other type of malicious code that will or may be
used in any way that will affect the functionality or operation of the Service or of
any related website, other websites, or the Internet; (h) to collect or track the
personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl,
or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or
circumvent the security features of the Service or any related website, other
websites, or the Internet. We reserve the right to terminate your use of the
Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be
uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the
service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite
periods of time or cancel the service at any time, without notice to you.You
expressly agree that your use of, or inability to use, the service is at your sole
risk. The service and all products and services delivered to you through the
service are (except as expressly stated by us) provided for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.In no case shall Kandy Girl Cosmetics, LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Kandy Girl Cosmetics, LLC
and our parent, subsidiaries, affiliates, partners, officers, directors, agents,
contractors, licensors, service providers, subcontractors, suppliers, interns and
employees, harmless from any claim or demand, including reasonable attorneys’
fees, made by any third-party due to or arising out of your breach of these Terms
of Service or the documents they incorporate by reference, or your violation of
any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be
unlawful, void or unenforceable, such provision shall nonetheless be enforceable
to the fullest extent permitted by applicable law, and the unenforceable portion
shall be deemed to be severed from these Terms of Service, such determination
shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date
shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or
us. You may terminate these Terms of Service at any time by notifying us that
you no longer wish to use our Services, or when you cease using our site.If in our
sole judgment you fail, or we suspect that you have failed, to comply with any
term or provision of these Terms of Service, we also may terminate this
agreement at any time without notice and you will remain liable for all amounts
due up to and including the date of termination; and/or accordingly may deny you
access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of
Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this
site or in respect to The Service constitutes the entire agreement and
understanding between you and us and govern your use of the Service,
superseding any prior or contemporaneous agreements, communications and
proposals, whether oral or written, between you and us (including, but not limited
to, any prior versions of the Terms of Service). Any ambiguities in the
interpretation of these Terms of Service shall not be construed against the
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you
Services shall be governed by and construed in accordance with the laws of
3010 Jefferson Avenue SW, Birmingham, AL, 35211, United States.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at
We reserve the right, at our sole discretion, to update, change or replace any part
of these Terms of Service by posting updates and changes to our website. It is
your responsibility to check our website periodically for changes. Your continued
use of or access to our website or the Service following the posting of any
changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.