Terms & Conditions
Last Updated: 09/12/2016
Welcome! You have arrived at Kryolan Corporation’s (“Kryolan” “we” “our” or “us”) Website. The policies below are applicable to our website; all email newsletters published or distributed by us; all apps published by us; and all other interactive features, services, and communications provided by us (“Website”), which are operated by us and available via computer, mobile device, tablet or other technology (each a “Device”). While we hope you enjoy our Website, it is important that you carefully read these Terms of Use and any updates, supplements, rules and policies (“Terms”), as these Terms are a legal agreement between you and Kryolan that state the material terms and conditions that govern your use of the Website. You agree to these Terms by accessing or using our Website. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT USE THE WEBSITE.
KRYOLAN MAY PERIODICALLY AND IN ITS SOLE DISCRETION MODIFY THESE TERMS. IF KRYOLAN MATERIALLY CHANGES THESE TERMS, A NOTICE WILL BE POSTED ON THE WEBSITE, ALONG WITH THE UPDATED TERMS, AND THE “LAST UPDATED” DATE ABOVE WILL BE MODIFIED. YOUR CONTINUED USE OF THE WEBSITE MEANS THAT YOU ACCEPT THE UPDATED TERMS. UNLESS WE PROVIDE YOU WITH SPECIFIC NOTICE, NO CHANGES TO THESE TERMS WILL APPLY RETROACTIVELY.
Kryolan will only provide a refund in U.S. dollars. Note that only products purchased on our Website may be returned for refund or exchange via the process set forth above; all product purchased from a Kryolan location must be returned to the location from which such product was purchased.
THE KRYOLAN WEBSITE, ITS CONTENT, AND THE PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND KRYOLAN DOES NOT PROVIDE ANY ASSURANCES AS TO THE AVAILABILITY OF ANY PRODUCTS OR THE USABILITY BY YOU OF THE WEBSITE OR THE ONLINE ORDERING SERVICES. KRYOLAN DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS AS TO THE ACCURACY OR SUFFICIENCY OF ANY PRODUCT INFORMATION LISTED ON THE WEBSITE. KRYOLAN MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE, AS TO THE PRODUCTS SOLD, THE ORDERING PROCESS, PRODUCT DELIVERY, OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
We respect the intellectual property of others. If you believe that your work has been copied in any way that constitutes copyright infringement, please provide our Copyright Agent the written information specified below:
We will respond expeditiously to claims of copyright infringement that are reported to our Copyright Agent, in accordance with the U.S. Digital Millennium Copyright Act of 1998 or, as applicable, other laws. This procedure is exclusively for notifying us that your copyrighted material has been infringed.
Thank you for visiting our Website. We hope you enjoy your visit.
Welcome! You have arrived at Kryolan Corporation’s (“Kryolan” “we” “our” or “us”) Website. The policies below are applicable to our website; all email newsletters published or distributed by us; all apps published by us; and all other interactive features, services, and communications provided by us (“Website”), which are operated by us and available via computer, mobile device, tablet or other technology (each a “Device”). While we hope you enjoy our Website, it is important that you carefully read these Terms of Use and any updates, supplements, rules and policies (“Terms”), as these Terms are a legal agreement between you and Kryolan that state the material terms and conditions that govern your use of the Website. You agree to these Terms by accessing or using our Website. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT USE THE WEBSITE.
KRYOLAN MAY PERIODICALLY AND IN ITS SOLE DISCRETION MODIFY THESE TERMS. IF KRYOLAN MATERIALLY CHANGES THESE TERMS, A NOTICE WILL BE POSTED ON THE WEBSITE, ALONG WITH THE UPDATED TERMS, AND THE “LAST UPDATED” DATE ABOVE WILL BE MODIFIED. YOUR CONTINUED USE OF THE WEBSITE MEANS THAT YOU ACCEPT THE UPDATED TERMS. UNLESS WE PROVIDE YOU WITH SPECIFIC NOTICE, NO CHANGES TO THESE TERMS WILL APPLY RETROACTIVELY.
1. Privacy and Other Terms
These Terms include Kryolan’s privacy policy (“Privacy Policy”). The Privacy Policy is incorporated by reference and also governs your visit to the Website.2. Mobile Devices
The Website may be available to you via your mobile Device. Your carrier may prohibit or restrict certain features of the Website from being available on your mobile Device, and some features may be incompatible with your carrier or Device. Kryolan disclaims all liability in connection with your use of the Website via your Device, including your inability to use or access certain features of the Website.3. Account Creation
You understand that you may need to create an account to have access to certain portions of the Website. In consideration of your use of such portions of the Website, you will: (a) provide true, accurate, current and complete information about yourself as prompted by the Website’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Kryolan has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Kryolan has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof). You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and the intended use of the services and Website. We have the right to provide user account, content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas or warrants, or to protect our rights, customers or business) as set forth in the Privacy Policy.4. Website and Content Use Restrictions
CONTENT
The Website contains- materials or other items relating to Kryolan and our Products (defined below) and services, including Website layout, information, images, scripts, URLs, sounds, software, and the “look and feel” of the Website,
- trademarks, logos, trade names, service marks, and trade identities of Kryolan (including our Products) and other third parties,
- Kryolan Products and designs, and
- other forms of intellectual property owned by us, our licensors, or our content providers (collectively, “Content”).
RESTRICTIONS ON USE OF MATERIALS
Unless otherwise specified, the Website and its Content (including past, present, and future versions of the Website and the “look and feel” of the Website) are owned by Kryolan or our licensors or content providers, and are protected by copyright, trademark, or other proprietary rights. You may not copy, republish, upload, post, transmit or distribute any material from this Website for commercial use. Use of the materials for impermissible purposes is a violation of copyright rights and other proprietary rights of Kryolan, our licensors, or our content providers. All rights not expressly granted to you are reserved by us. Any unauthorized use of the Website or its Content for any purpose is not allowed.TRADEMARKS
All trademarks, service marks, and trade names of Kryolan (including the Kryolan name and logo) are trademarks or registered trademarks of Kryolan or its affiliates. You may not use, copy, republish, upload, post, transmit, distribute, or modify Kryolan’s trademarks in any way, without Kryolan’s prior written consent. The use of Kryolan’s trademarks on any other website is not allowed.LINKS TO THE WEBSITE
We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the Website, so long as:- the links and the content on your website do not suggest any affiliation with Kryolan or cause any other confusion, and
- the links and the content on your website do not portray Kryolan or its Products or services in a false, misleading, derogatory, or otherwise offensive manner, and do not contain content that is inappropriate for children or that is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, or illegal, that violates any right of any third party, or that is otherwise objectionable to Kryolan. Kryolan reserves the right to suspend or prohibit linking to the Website for any reason, in its sole discretion, without advance notice or any liability of any kind to you or to any third party.
LINKS TO THIRD-PARTY WEBSITES
This Website may include links to other websites and the plugins from other websites. These links and plugins are provided for your convenience, and they do not signify that we endorse the websites. We have no responsibility for the content of the linked websites. Any activities you engage in involving linked websites are subject to privacy and other policies, terms, and conditions of use, and other rules issued by the operator of the linked websites. Kryolan disclaims all liability in connection with the linked websites.SUBMISSIONS
Kryolan welcomes your suggestions and comments (“Submissions”). Please submit your Submissions via email to webshop-usa@kryolan.eu or via US Mail to 364 Blodgett Street, Cotati, CA 94931. Submissions provided to Kryolan through the Website are Kryolan’s property. Kryolan will not be liable for any use or disclosure of any Submissions. You hereby assign, without compensation, all existing rights in and to your Submissions to Kryolan. This policy is intended to avoid the possibility of future misunderstandings if projects developed by Kryolan seem similar to ideas contained in your Submissions.5. Products, Orders, and Fees
ORDERS
Kryolan may make online ordering services available to users. By submitting a completed order for Kryolan products (the “Products”) you offer to purchase the Products you select and submit to Kryolan through the online order form. Kryolan may accept your order by sending you an electronic order confirmation that your order has been accepted, and Kryolan may reject your order in its sole discretion. The delivery of products is solely limited to the United States of American and in common household quantities. If Kryolan accepts your order, you authorize Kryolan or its vendors or agents to bill your credit card (or other alternative payment method offered by Kryolan and selected by you) the current fees and charges for each Product chosen by you. When you provide bank card information, account numbers or other information necessary to facilitate payment to us or our vendors, you represent to us that the information is accurate, complete, and current, and that you are the authorized user of the bank card that is used to pay for the Products and services. In the event legal action is necessary to collect on balances due, you agree to reimburse Kryolan and its vendors or agents for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses (including on appeal).ELIGIBILITY
You must be 18 years old or older in order to place an order on the Website. You may only purchase Products which appear on this Website and are delivered to an address located in the United States. You may only purchase Products for personal use by either yourself or your intended recipient of the Products, and not for any commercial purpose or for resale. We may refuse any order that we have reasonable cause to believe is for onward sale other than through distribution channels approved by us.PRODUCT AVAILABILITY
Kryolan will notify you in the event a Product you order is temporarily or permanently unavailable.PRODUCTS, CONTENT, AND SPECIFICATIONS
Details of our Products are available on the Website. Kryolan attempts to describe its Products as accurately as possible. However, Kryolan does not warrant that Product descriptions are accurate, complete, current, or error-free. All features, content, specifications, Products, and prices described on the Website are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and provided for convenience purposes only. Packaging may vary from that shown. We make reasonable efforts to accurately display the attributes of our Products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your Device will accurately display such colors. The inclusion of any Products or services on the Website at a particular time does not imply or warrant that these Products or services will be available at any time, and we reserve the right, without prior notice, to limit the order quantity on any Product or service and/or refuse service to any customer. You may not purchase more than five of the same item in any single transaction or series of related transactions. Occasionally, the manufacture or distribution of a certain Product or service may be delayed for a number of reasons. In such event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule. By placing an order, you represent that the Products ordered will be used only in a lawful manner and in accordance with these Terms.DELIVERY
When an order is placed, it will be shipped to an address designated by you as long as that shipping address is compliant with the shipping restrictions contained on the Website. We cannot accept shipments to P.O. boxes, freight forwarders or hotels addresses; USA based business or residential addresses are only permitted. A delivery fee may apply to Products delivered to you by Kryolan, and by placing an order you agree to pay such fee. Risk of loss and title for items purchased from the Website pass to you upon delivery of the Products to you. If delivery is available, Kryolan will estimate the time of delivery; however, Kryolan specifically disclaims any liability with regard to late deliveries.DAMAGED GOODS
You are responsible for notifying Kryolan within ten days of the estimated delivery date in the case of lost shipments. Please promptly inspect your ordered Product(s) for any damage when your order arrives. If damage occurred to the Product(s) in your shipment, you are responsible for notifying us at webshop-usa@kryolan.eu, within three days of receipt of the Product. Please provide your order number and contact information at that time. Please retain the shipping box, packing materials, and damaged items for later inspection.RETURN AND EXCHANGE POLICY
In the event that the return or exchange is due to Kryolan incorrectly filling an order, product damaged in shipment, or defective product, Kryolan will be responsible for the shipping costs incurred with such return if Kryolan is notified and the product returned in accordance with these Terms. In all other cases, you will be responsible for the costs associated with any return. Kryolan will only accept returned products and issue you a refund or replacement if you comply with the following process:- In the case of damaged or defective product (including delivery of an incorrect product), you must notify Kryolan of such damage within three days of receipt of the product. In all other cases, you must promptly notify Kryolan of your desire to return or exchange the product, but in no event later than 30 days from the date of your order. provided you notify Kryolan as set forth in these Terms, you may return or exchange a product purchased from the Website in the event that the product is defective or for any reason within 30 days of the date of your order. Certain jurisdictions may provide additional statutory rights. Nothing herein is meant to limit your return or cancellation rights under local law.
- If you plan to return product, notice must be sent to webshop-usa@kryolan.eu, and Kryolan will provide detailed return or exchange instructions at that time.
- We allow a one time exchange for alternate color of a product. Products cannot be returned for exchange of a different product.
- Pack the items carefully to avoid damage in transit; you are solely responsible for any such damage.
- Please see below for address information to ship returns/exchanges:
If you decide to send via USPS (United States Postal Service) please send to:
c/o Webshop Returns/Exchanges
Kryolan Professional Make-up
364 Blodgett Street
Cotati, CA 94931
*** Please note that any shipments that contain hazardous materials such as fixing sprays or aerosols CANNOT be shipped via USPS.
Kryolan will only provide a refund in U.S. dollars. Note that only products purchased on our Website may be returned for refund or exchange via the process set forth above; all product purchased from a Kryolan location must be returned to the location from which such product was purchased.
ADDITIONAL TERMS
With respect to Products that might be offered for sale by Kryolan through the Website, you may be informed of additional terms of the offer, including pricing, methods of payment, credit card information, sales tax, and applicable privacy policies. By placing your order, you agree to these additional terms and conditions.FEES, PRICING, AND TAXES
You are responsible for the purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of this Website. All prices are listed in U.S. dollars. We cannot confirm the price of any Product until you place your order. Kryolan may charge you sales tax at the time of your order. Kryolan currently charges sales tax for purchases shipped to California and New York, and may charge sales tax on purchases from additional states in the future. If you become aware of any unpaid sales taxes or other amounts with respect to any purchases, you must promptly report this to Kryolan and must timely pay such taxes or amounts.6. Liability, Indemnification, and Release
WARRANTY DISCLAIMER
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the Website, the Content, or the Products for any particular purpose. The Website, its Content, and the Products are provided “as is” and your use of the Website, its Content, and the Products is at your own risk. We do not guarantee continuous, uninterrupted or secure access to our Website. You acknowledge that the Website information and materials may contain inaccuracies and errors.THE KRYOLAN WEBSITE, ITS CONTENT, AND THE PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND KRYOLAN DOES NOT PROVIDE ANY ASSURANCES AS TO THE AVAILABILITY OF ANY PRODUCTS OR THE USABILITY BY YOU OF THE WEBSITE OR THE ONLINE ORDERING SERVICES. KRYOLAN DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS AS TO THE ACCURACY OR SUFFICIENCY OF ANY PRODUCT INFORMATION LISTED ON THE WEBSITE. KRYOLAN MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE, AS TO THE PRODUCTS SOLD, THE ORDERING PROCESS, PRODUCT DELIVERY, OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
Kryolan will not be liable to you or to any third party for any direct or indirect, consequential, special, or punitive damages or losses you may incur in connection with the Website, your use of or inability to use the Website, its Content, or the Products, regardless of the type of claim or the nature of the cause of action, even if Kryolan has been advised of the possibility of such damage or loss. In the event that the exclusion or limitation of liability for consequential or incidental damages is limited by state or other law, Kryolan’s liability is limited to the fullest extent permitted by law. Kryolan is not liable for any personal injury, including death, caused by your use or misuse of the Website, its Content, or the Products. To the maximum extent permitted by law, you hereby release and forever waive any and all claims you may have against Kryolan from losses or damages you sustain in connection with your use of the Website, its Content, or the Products. Kryolan is liable only to the extent of actual damages incurred to you, but in no event in an amount greater than $100.00. Any claims arising in connection with your use of the Website, its Content, or the Products must be brought within one (1) year of the date of the event giving rise to such action.INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Kryolan from any claim or demand, including reasonable attorneys’ fees (including on appeal), made due to or arising out of your use of the Website or the Products or your violation of the Terms. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees (including on appeal), resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden on our infrastructure.FORCE MAJEURE
Kryolan will not be responsible for damages, delays, or failures in performance resulting from acts or occurrences beyond its reasonable control, including, without limitation, fire, lighting, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies; any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; or inability to secure raw materials, transportation facilities, or fuel or energy shortages.7. General Provisions
TERMINATION
Kryolan has the right to change or discontinue the Website or any feature of the Website at any time.CHOICE OF LAW
The Terms, and any dispute arising out of your use of the Website, its Content, or the Products are governed and interpreted in accordance with the laws of the State of California (without regard to its conflict of laws principles) and the applicable laws of the United States.ARBITRATION
ANY DISPUTE ARISING OUT OF OR RELATING TO THE WEBSITE, ITS CONTENTS, THE PRODUCTS, OR THE TERMS (INCLUDING INTERPRETATION OR BREACH OF THE TERMS), OR TO THE EXISTENCE, SCOPE, OR VALIDITY OF THE TERMS OR THIS PROVISION, INCLUDING THE NATURE AND EXTENT OF THE ISSUES TO BE ARBITRATED, WILL BE SETTLED BY CONFIDENTIAL ARBITRATION BEFORE A SINGLE ARBITRATOR, USING THE RULES OF JAMS, INC. AND SHALL TAKE PLACE IN SAN FRANCISCO, CALIFORNIA; PROVIDED, HOWEVER THAT TO THE EXTENT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR OR OUR AFFILIATES’ INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE HAVE A CAUSE OF ACTION IN EQUITY, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY COURT OF COMPETENT JURISDICTION, AND YOU CONSENT TO JURISDICTION AND VENUE IN ANY SUCH COURT FOR THAT PURPOSE. THE DECISION OF THE ARBITRATOR WILL BE FINAL AND BINDING ON ALL PERSONS AFFECTED BY THE DECISION. JUDGMENT UPON THE ARBITRATION AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION.SEVERABILITY
The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of the remaining provisions.ASSIGNMENT
Kryolan may assign its rights and obligations under these Terms, in whole or in part, to any party at any time without notice.ADDITIONAL TERMS
Except as otherwise provided herein, these Terms are the entire agreement between you and Kryolan, and supersede any prior understandings or agreements, written or oral.COPYRIGHT
All Website design, graphics, text selections, arrangements, software, and Product designs are owned by Kryolan or its licensors. ALL RIGHTS RESERVED.We respect the intellectual property of others. If you believe that your work has been copied in any way that constitutes copyright infringement, please provide our Copyright Agent the written information specified below:
- A description of the copyrighted work that you claim has been infringed upon;
- A description where the material that you claim is infringing is located on the Website;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
- The signature (electronic or physical) of the person authorized to act on behalf of the owner of the copyright interest.
We will respond expeditiously to claims of copyright infringement that are reported to our Copyright Agent, in accordance with the U.S. Digital Millennium Copyright Act of 1998 or, as applicable, other laws. This procedure is exclusively for notifying us that your copyrighted material has been infringed.
Thank you for visiting our Website. We hope you enjoy your visit.
