Terms of Service
This website is operated by Kalista Beauty International Limited. Throughout the site, the terms “we”, “us” and “our” refer to Kalista Beauty. Kalista Beauty 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 any products from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service” or “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 this site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read the following Terms of Service carefully before accessing or using this site. 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 of the following terms and conditions, please do not use this site and/or any of our services.
If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features and/or tools which are added to this site from time to time shall be subject to these Terms of Service. You can review the most current version of our 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 directly to our website without further notice. It is your responsibility to check this page periodically for changes. Your continuous use of or access to this site, following the updates and/or changes, will be deemed as agreement to be bound by those updates and/or 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
1.1 You must be age 13 years or older and a legal resident of the United States to be eligible to use this site. Eligible minors must obtain their parent's or legal guardian's consent prior to using this site.
1.2 You may not use our products for any illegal or unauthorized purpose or in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
1.3 You must not transmit any worms or viruses or any code of a destructive nature.
1.4 A breach or violation of any of the Terms will result in an immediate termination of our Services.
SECTION 2 - GENERAL CONDITIONS
2.1 We reserve the right to refuse to provide Service to anyone for any reason at any time.
2.2 You acknowledge that your information (except credit card information), may be transferred unencrypted and may 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 over networks.
2.3 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 by us.
2.4 The headings used in this agreement are included for convenience only and shall not limit or otherwise affect the interpretation of these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
3.1 You are reminded that this site may contain certain historical information which is not current and is provided for your reference only.
3.2 We endeavour to ensure that the information made available on this site is accurate, complete and current, but occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions or is out-dated, which may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.
3.3 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).
3.4 Accordingly, the information on this site should not be relied upon or used as the sole basis for making any purchases on this site. You are advised to consult primary, more accurate, more complete or more timely sources of information before making any purchases on this site.
3.5 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 4 - MODIFICATIONS TO THE SERVICE AND PRICES
4.1 Prices for our products are subject to change without notice.
4.2 We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without further notice.
4.3 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 (if applicable)
5.1 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.
5.2 We have made every effort to display as accurately as possible the colors and images of our products which are made available on this site, but we cannot guarantee that the display of any color on your phone or computer monitor will be accurate.
5.3 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.
5.4 We reserve the right to limit the quantities of any products or services that we offer.
5.5 All descriptions of products or product pricing are subject to change at any time without further notice, at the sole discretion of us. We reserve the right to discontinue the supply of any product at any time.
5.6 Any offer for any product or service made on this site is void where prohibited by law.
5.7 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 'as is' and 'as available' 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.
5.8 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.
5.9 However, the quantity, quality and/or description of certain products might be specified to you when necessary.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
6.1 We reserve the right to refuse any order you place with us. We may, at the sole discretion of us, 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 via 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, at the sole discretion of us , appear to be placed by dealers, resellers or distributors.
6.2 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.
6.3 For more details, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
7.1 We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
7.2 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.
7.3 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).
7.4 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
8.1 Certain content, products and services available via our Service may include materials from third-parties.
8.2 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.
8.3 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-party's 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
9.1 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,'comments'), 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 confidentiality; (2) to pay compensation for any comments; or (3) to respond to any comments.
9.2 We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion as unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
9.3 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 libelous 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 third-party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 – INTELLECTUAL PROPERTY RIGHTS
11.1 You agree that the intellectual property rights (including all copyrights, patents, trade marks, trade names, designs, discoveries, ideas, concepts, formats, suggestions, developments, arrangements, packages, programmes, know-how, goodwill, reputation, get-up, logos, plans, utility models, moral rights and other industrial or intellectual property rights relating to any of the foregoing, applications for any of the foregoing and the right to apply for them in any part of the world) of this site shall belong to us and no title to or ownership of any of the intellectual property rights is transferred to you.
SECTION 12 - PROHIBITED USES
12.1 In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
- for any unlawful purpose;
- to solicit others to perform or participate in any unlawful acts;
- to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
- to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- to submit false or misleading information;
- 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;
- to collect or track the personal information of others;
- to spam, phish, pharm, pretext, spider, crawl, or scrape;
- for any obscene or immoral purpose; and/or
- 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
13.1 We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
13.2 We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
13.3 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 prior notice.
13.4 In no case shall Kalista Beauty, 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.
13.5 Without prejudice to any other provision of these Terms of Service and so far as any warranty of liability cannot be excluded, our total liability shall be limited to the price you have paid for particular services and/or products upon which liability is based[u1] .
SECTION 14 - INDEMNIFICATION
14.1 You agree to indemnify, defend and hold harmless Kalista Beauty and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including but not limited to reasonable attorneys’ fees, requested 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
15.1 In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, in whole or in part, such provision shall apply with whatever deletion or modification is necessary so that the provision is legal, valid and enforceable to the fullest extent permitted by applicable law and gives effect to the commercial intention of the parties.
15.2 To the extent it is not possible to delete or modify the provision, in whole or in part, under Clause 15.1, such provision or part of it shall, to the extent that it is illegal, invalid or unenforceable, be deemed not to form part of these Terms of Service and the validity and enforceability of any other remaining provisions shall, subject to any deletion or modification madeClause 15.1, not be affected.
SECTION 16 - TERMINATION
16.1 Termination of this Agreement for any cause shall not release you from any liability which at the time of termination has already accrued to us or which thereafter may accrue in respect of any act or omission prior to such termination.
16.2 These Terms of Service shall be 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.
16.3 If, at the sole discretion of us, you fail, or we suspect that you have failed, to comply with any terms or provisions of these Terms of Service, we reserve the following rights: -
- to terminate this agreement at any time without prior notice and you will remain liable for all amounts due up to and including the date of termination; and/or
- to deny your access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
17.1 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).
SECTION 18 - WAIVER
18.1 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.
18.2 No waiver of any part of these Terms of Service shall be effective unless in writing and signed by or on behalf of you and us.
SECTION 19 - GOVERNING LAW
19.1 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 Hong Kong[u2] .
19.2 You irrevocably agree that the courts of Hong Kong are to have exclusive jurisdiction to settle any dispute which may arise out of or in connection with these Terms of Service and the documents to be entered into pursuant to it and that accordingly any proceedings arising out of or in connection with these Terms of Service and the documents to be entered into pursuant to it shall be brought in such courts. You irrevocably submit to the jurisdiction of such courts and waives any objection to proceedings in any such court on the ground of venue or on the ground that proceedings have been brought in an inconvenient forum. [u3]
SECTION 20 - CHANGES TO TERMS OF SERVICE
20.1 You can review the most current version of the Terms of Service at any time at this page.
20.2 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 continuous 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 21 - CONTACT INFORMATION
21.1 Questions about the Terms of Service should be sent to us at [email protected]