Terms and Conditions
Touch of Oshun strives to make your beauty shopping experience enjoyable. Our mission is to serve you with the best quality selection of products possible, while giving you the best customer service we can offer. Below are our general terms and conditions: TERMS AND CONDITIONS GENERAL STATEMENT TouchofOshun.com ("we", "us" or "our") provides the services available on the Site to you subject to the following terms and conditions (the "Terms and Conditions"). By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions. If you have any questions regarding the website or these terms and conditions, you can contact us. Any party engaged in illegal activities involving the use of the website will be subject to civil and criminal sanctions and prosecution.Touch of Oshun does not guarantee that it will be able to prevent any illegal or inappropriate use of this web site, nor that it will give notice of any illegal or inappropriate use of the website. It is a violation of the law to place orders under a false name or with a fraudulently obtained credit card. Fraudulent ordering will be prosecuted to the fullest extent the law allows. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS AND CONDITIONS By accessing, browsing, or using this web site, you agree to the terms, conditions, disclaimers and limitations of liability herein as amended from time to time. By purchasing an item advertised on this web site and/or by completing the registration process to become an affiliate of Touch of Oshun, you agree to be bound by these Terms and Conditions. Touch of Oshun may amend these Terms and Conditions from time to time and any amendment constitute an agreement to abide by and be bound by those Terms and Conditions, as amended. By using the web site, you acknowledge that you have read and understood these Terms and Conditions. YOUR ACCOUNT You may choose to register at our Website. If you do, you will have an email address/username and password for your account. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account, username and/or password. You agree to provide only accurate, truthful information. We reserve the right to refuse service and/or terminate accounts without prior notice if you violate these Terms and Conditions or if we decide, in our sole discretion, that it would be in Touch of Oshun's best interests to do so. YOUR OBLIGATIONS AND RESPONSIBILITIES In the access or use of the Website, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Website. You shall act always in accordance with the law, custom and in good faith. It is strictly prohibited to use or contact this Website to disrupt or damage the Website, its contents or its security measures or to harass or disparage Touch of Oshun or its products or services or personnel. No unsolicited email (spam) may be directed to or through this Website. Users may not use this Website in order to transmit, distribute, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, patent, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity or other personal rights of others, or (c) that is libellous, obscene, threatening, abusive or hateful. If you default negligently or wilfully in any of the obligations set forth in these terms and conditions (including our privacy policy), you shall be liable for all the losses and damages that this may cause to Touch of Oshun, our affiliates, partners or licensors. SCOPE These terms and conditions are a legal agreement between us and apply to your use of our website including the sale of retail goods to consumers. You must read and accept all the terms and conditions contained in this agreement prior to buying goods from us. Please also review our Privacy Policy and Cookie Policy, which form a part of these Terms and Conditions and govern your visit to the Site, so that you may understand our privacy practices. ORDER PLACEMENT You may browse our website without registering but when you place your first order you will need to register with us and complete certain fields on our order form, including an email address. You should not disclose or transfer your username or password to any other person and you must notify us immediately if you become aware of any unauthorized use of your username and password. Without prejudice to our rights, we may suspend your access to the website without liability to you if in our reasonable opinion such action is necessary to safeguard the website. Before you submit your order you will be given the opportunity to review your selection, check the total price of your order and correct any errors. Your order represents an offer by you to purchase items selected by you. If items shown on our website are not available or are incorrectly priced or incorrectly described, we shall not be obliged to sell you the items as shown. We reserve the right to change at any time and without any previous notice the items offered on our website. It is vitally important that you check carefully the quantity of goods that you order from us. We will deliver what you order. Whilst you have a right of cancellation you must pay for the delivery costs back to us. ORDER ACCEPTANCE All orders placed by you are subject to our acceptance. We reserve the right at all times and in our sole discretion to refuse to accept an order for any reason and without liability to you. Orders may only be placed by individual customers purchasing goods other than for resale. Wholesale customers should contact us directly before placing an order. After you have placed the order with us, we will send you an order acknowledgement by email or phone call via our customer representative with your order number and details of the product you have ordered. This email is only an acknowledgement of receipt and is not an acceptance of your order. The acceptance of your order and a contract of sale between us will not take place until you have been advised the goods you have ordered are available and these goods have been paid for in full including any applicable charges. No payment shall be considered to have been received until we have received payment in cleared funds. TELEPHONE SALES You may also order from us by telephone. You can call us between Monday and Friday from 10:00 am to 6:00 pm, excluding bank and public holidays. If you provide us with an email address, we will follow the same procedures as for internet sales but if not we reserve the right to follow an alternative process, of which you will be advised when you call. In the case of telephone sales, acceptance of your order follows the same procedure as with internet sales. A contract of sale between us is not formed until your order is accepted and payment in full has been received and cleared. AVAILABILITY Although we endeavor to hold stock of all the items advertised for sale on our site, this cannot be guaranteed so that by acknowledging receipt of your order we are not creating a binding contract to supply what you have ordered but which we do not have in stock. The content of the site is managed and therefore any products that are out of stock should be highlighted. ACCURACY OF INFORMATION We attempt to be as accurate as possible when describing our products on the Website; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors or other content available on the Website are accurate, complete, reliable, current, or error-free. DESCRIPTIONS AND PRODUCT INFORMATION We have made every effort to represent the colors of our products and its packaging as accurately as possible. However, due to differences in monitors we are unable to guarantee that the color you see on your monitor will reflect the true color of the product and its packaging. If you have any questions about the product you may of course contact us Touch of Oshun warrants that the goods that you buy will at the time of delivery to you correspond to the description given by Touch of Oshun. Every description or specification of the Products we sell is given in good faith and this is correct to a reasonable extent since we are the manufacturer of most of the goods and products coming out of Touch of Oshun No statement, description, information, warranty, condition or recommendation contained in any catalogue, pricelist, advertisement or communication made verbally by any employee of Touch of Oshun shall be construed to enlarge, vary or override in any way any of the provisions of these Terms. CONFORMITY OF GOODS We take every care to ensure that the description and specification of our products are correct at the time of going to press. However, specifications and descriptions of products on this Website are not intended to be binding and are intended only to give a general description of the products. Furthermore, while the color reproduction of the products is a close representation, we cannot accept any responsibility for any variation in color caused by the browser software or computer system used to view the products. PRICES All prices on the website are quoted in $. They include VAT payable but exclude delivery charges, which are detailed separately. We try to ensure that all prices given on the site are correct. However, mistakes can occur. If we have quoted an incorrect price on the site and if the correct price is lower than that quoted, we will automatically assume that you wish to continue with your order. However if the correct price is higher than that originally quoted, we will contact you to ask if you still want to order the goods. PAYMENT TERMS You confirm that the credit card/debit card that is being used is yours or that you are authorized to use it. All credit /debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your card refuses to authorize payment we will not accept your order and we will not be liable for any delay or non-delivery. Furthermore, we are not obliged to inform you of the reason for the refusal. You should note that your bank or card issuer may charge you as a result of our processing your credit /debit card payment in accordance with your order. Touch of Oshun has no responsibility for such charges. DELIVERY We will process all orders within 3-5 working days. Where there is a delay in the supply of our product, we will advise you as soon as practicable. If the goods cannot be delivered within 3-5 days of your order, we will notify you of this delay and you may either cancel your order or agree a further delivery time with us. Orders will be sent to the delivery address that you have submitted on your order form. We cannot be held responsible if that delivery address is incorrect. We will deliver the goods following the delivery option selected by you during the order process. Any delivery time scales quoted to you are indicative only. Whilst we use only reputable delivery companies we do not accept any liability for delayed delivery caused by any third party. Successive orders may be joined and delivered in one parcel. RETURNS AND EXCHANGES POLICY We hope you will be totally satisfied with anything you buy from our website. If after delivery, you discover that the beauty products you ordered are different from the one delivered (in size, texture, color etc.), please call or email us immediately and send a photographic evidence to confirm we have actually delivered a wrong beauty product. If a beauty product delivered to you is not as described on our website on the order confirmation page, or damaged in transit during delivery, customer should keep the product as it is with the original packaging so we can inspect it and a full refund or exchange will be made. Please ensure that all items are returned in their original packaging with their labels intact. You must inspect all goods delivered to you immediately on receipt and in any event within three hours of delivery. You may exchange the item for something else, subject to stock availability, or receive a full refund of the price paid (excluding any delivery charges). The refund can only be made to the card used when paying for the order. We will email you when the item has been received and will inform you when the credit has been made to your card account. This is normally within 7 days of receipt of the goods. If you wish to exchange an item, you will have to pay any difference in cost of the item and any additional delivery cost. We will tell you what this is so you can arrange payment. RETURN PROCEDURE When returning goods, please include your order number, full name and reason for return. Please wrap your good in its original packaging and securely to avoid damage in transit back to us. Please note we cannot accept an item for refund if it has been damaged in transit to us. We advise you to obtain a proof of posting certificate if using the Post Office If returning items in an order where the initial order qualified for a free gift, the free gift must be returned in an unused condition too. Any items returned without the qualifying free gift will not be refunded. CANCELLATION RIGHTS You have a legal right to change your mind and cancel your order within one day of receipt and receive a refund of all charges for the cancelled goods and the delivery charges. This does not include the delivery fees. You will then need to return the item(s) by post. Parcels returned by post are returned at your own cost. To cancel your order, please provide us with notice either by letter, email or phone call. If you exercise your right to cancellation after the item has been delivered to you, please follow the instructions for returns above. Please note you are responsible for the costs of returning the items to us unless we delivered it in error. CANCELLATION BY US We reserve the right not to provide goods or services, remove or edit content or cancel orders (or part thereof) at our sole discretion at any time. Without limiting the operation of any other Terms and Conditions herein, we will not be held liable for loss or damage arising from the exercising of these rights. CANCELLATION BY YOU If you need to cancel an order, please contact our customer care service immediately. Our agreement with you only comes into existence once we have both confirmed your order and your payment has been processed. Once we have accepted payment for an order, cancellation of the order is within our sole discretion. Orders that cannot be cancelled will be subject to our terms and conditions and policies relating to Returns and Exchanges. DISCOUNT CODES All discount codes are strictly one use per customer unless otherwise stated. Discount codes cannot be combined with other coded offers.Touch of Oshun reserves the right to cancel any special offer without notice. 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. VIRUS WARNING All care is taken to ensure that Touch of Oshun web site and data transmissions are free from viruses. However, it is your responsibility to scan any such data for viruses. PRIVACY We treat all customer information in accordance with our Privacy Policy. LIMITATION OF LIABILITY Title of the products will be transferred to you on delivery. Once a product has been received by you, all risk of damage to or loss of the items bought by you will pass to you. To the full extent allowed by law you accept and agree that we shall not be liable to you or to any other person for any loss or damage (including consequential or indirect loss or damage), loss of revenue or profits (howsoever described) whether direct or indirect howsoever caused and arising out of your use of our website and from any product you use. Nothing in these Terms, shall limit or exclude our liability for personal injury or death caused by our negligence. LINKS Touch of Oshun websites may contain links to other sites. Such links do not imply any endorsement of other sites, and Touch of Oshun bears no responsibility for their content. Other website operators wishing to establish a link with any Touch of Oshun website should send a request to www.touchofoshun.com. TRADEMARKS AND COPYRIGHT The Touch of Oshuntrade mark remains the exclusive property of Touch of Oshun Limited and its affiliates and as such is protected by international and other intellectual property laws. Touch of Oshun does not accept any responsibility whatsoever for any celebrity endorsements in the Press articles displayed on this website. All articles have been reproduced here as they were originally printed and written by the original publisher. Any false claims or endorsements are the responsibility of the original publisher. INTELLECTUAL PROPERTY All content available on the Website, including but not limited to text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and arrangement thereof (collectively, the "Content") is the property of Touch of Oshun our affiliates, partners or licensors, and is protected by The United States and international copyright laws. The trademarks, logos, and service marks displayed on the Website (collectively, the "Trademarks") are the registered and unregistered marks of Touch of Oshun our affiliates, partners or licensors, in the United States and other countries, and are protected by The United States and international trademark laws. Except as required under applicable law, neither the Content or Trademarks nor any portion of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent. SUBMISSIONS Any unsolicited suggestions, ideas, inquiries, materials, feedback, or other information you provide us will be treated as non-proprietary and non-confidential and, by submitting such information, you hereby grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sublicensible right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute and display such information in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that your submission of information may not be returned and we may use your submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. COMPLAINTS We respect the intellectual property and other rights of others, and we ask our users to do the same. We may, in appropriate circumstances and at our discretion, terminate the access of users who infringe the rights of others. COPYRIGHT If you believe that your work has been copied and is accessible on the Service in a way that constitutes copyright infringement, or that the Service contains links or other references to another online location that contains material or activity that infringes your copyright, please contact us. ADDITIONAL RULES We reserve the right to post, from time to time, additional terms and conditions that apply to specific parts of the Service. Such additional terms and conditions will be posted in the relevant parts of the Service, and will be clearly identified. Your use of those parts of the Service constitutes your agreement to those additional terms and conditions. INDEMNIFICATION You agree to indemnify BPolished Beauty Supply and its licensors, vendors, suppliers, service providers, and their respective officers, directors, members, employees, sub-contractors, agents, and representatives, and to hold them harmless from any and all claims, actions, suits and liabilities, losses, damages, costs and expenses (including legal fees) that may arise from your unauthorised use of our Content, or from your breach of these terms and conditions. APPLICABLE LAW AND JURISDICTION These Terms and Conditions of Use shall be interpreted and governed by the laws in force in The United States. Subject to the Arbitration section below, each party hereby agrees to submit to the jurisdiction of the courts of United States and to waive any objections based upon venue. ARBITRATION Any controversy, claim or dispute arising out of or relating to these Terms and Conditions of Use will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in The United States in English and governed by United States law. The arbitrator shall be a person who is legally trained and who has experience in the Information Technology in The United States and is independent of either party. Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts. 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. TERMINATION We have the right to terminate your use of or ability to access the Service, for any reason, without notice. CONTACT US For further enquires and clarification, kindly contact us at info@ touchofoshun.com.