Shop Terms & Conditions

Last updated: 18th May 2020

  1. AGREEMENT TO THE TERMS AND CONDITIONS

These Terms and Conditions (hereinafter referred to as the Terms) govern the relationship between the users (‘you’ or ‘your’) of this Site https://thebeautystoremalta.com and The Beauty Store Ltd. (<include company registration number>) with registered address at 50, Flat 1 , The Warren Complex, Triq V. Menville, Ibragg, Swieqi, SWQ 2160 (“we,” “us” or “our”).

Please read these Terms carefully before you start using our Site and our services. By using our Site and using any of our services, be it services provided physically and also any remote or electronically provided services, you agree with the terms and conditions stipulated herein and you further warrant and agree that you understand them and shall abide by them at all times.

If you do not accept and agree to be bound by all of these Terms, you should refrain from using our Site and/or services altogether. If you have any queries relating to the Terms, then we kindly ask you to contact us.  Furthermore, any reference to ‘you’ or “your” shall also include any person whatsoever even who makes use of our services and/or our products, and henceforth, any such other person shall also be bound by the undertakings and terms herein

  1. INFORMATION ABOUT US

We are The Beauty Store Ltd. (trading under the name ‘The Beauty Store’) a company registered under the laws of Malta, under registration number C_________ and with registration address at 50, Flat 1, The Warren Complex, Triq V. Menville, Ibragg, Swieqi, SWQ 2160.

 

  1. YOUR REPRESENTATIONS

When using our Site, you warrant and confirm that:

  • You are 18 years of age or over;
  • You have the legal capacity and you agree to comply with these Terms;
  • All information that you submit on your account, including personal details is truthful, complete and accurate and that you have the right to submit such information on our Site;
  • You agree to keep your account login details secure and that do not provide access details to third parties or place your account at the disposal of third parties;
  • You authorise us to transmit information for the purposes of obtaining information from third parties, such as your debit or credit card numbers to authenticate your identity and validate your card details and to authorise purchase transactions;
  • You will not use any other person, such as a purchasing agent, to make purchases on the Site;
  • You will not defraud, or mislead us and other users, in an attempt to learn any sensitive account information;
  • You will not use the Site for any illegal or unauthorised purpose;
  • You shall not use any information obtained from the Site in order to harass, abuse, or harm another person;
  • Your use of the Site will not violate any applicable law or regulation.
  • You will not tarnish, or otherwise harm, in our opinion, us and/or the Site
  • If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
  • You will not create registration accounts for the purpose of abusing the functionality of the site, or other users; nor will you seek to pass yourself off as another user.
  1. APPLICABILITY

In order to use our Site or any electronic channel, you do not need to register and create an account, however you acknowledged that you are still bound by these Terms and any other policies applicable to the site or electronic channel. Similarly, registration is not required in order to utilise our physical retail space, including shopping, however you are still bound to respect these Terms and any policies or notices which are clearly displayed in our retail space.  Registration to our Loyalty Scheme and/or any promotion also, binds you to these Terms.

 

  1. REGISTRATION

In order to purchase from our Site, you will have to register yourself on the Site by providing personal information such as, your name, surname, email address, surname and password, delivery address and billing details in terms of our online registration system. This information will be stored on our database and processed in terms of our Privacy Policy and it need not be re-entered every time you place an order.

 

  1. ORDERS

All orders made are subject to availability and we reserve the right to refuse and accept any order made on the Site. All communications related to the order will be addressed to the email address provided by you.

We will take all necessary reasonable measures to ensure that your payment and order information is secure, however we shall not be liable for any loss or damage that you may suffer if a third party acquires unauthorised access to your data provided by you in accessing or placing an order on the Site.

We accept no liability where you provide incorrect details, such as your delivery address or, where you fail to collect the delivered products from the address that you specified.

All details of current and previous orders placed will be accessible to you through your personal account.

We retain the right to cancel any order/s submitted up to the point of delivery, in cases where the description of the item was listed incorrectly.

 

  1. PRICES, PURCHASES AND PAYMENT

Product prices shall be stated on the Site at the time you place your order and all prices quoted are inclusive of any Value Added Tax at the rate of 18% or any other such rate as may be applicable in Malta. We try to ensure that all prices are accurate, but errors may occur. Henceforth, we reserve the right to amend, update or change any prices at any time and in such instances where we discover an error in the price of the product that you are ordered. We shall not be liable to supply that item to you at the stated price, provided that we will notify you about such correction in price prior to dispatch. In such instances, you will have the right to cancel the order or reconfirm it.

You further agree to keep updated all payment information, including email address, payment method, and payment card expiration date at all times so we can complete your transactions and contact you as needed.

You warrant and agree that the payment credentials being used are belong to you and that such payment credentials may be subject to verification checks and approval by our payment service providers.

Payment may be affected via credit/debit cards and/or via Paypal, cash on delivery or, when available, Gift Cards. These methods will be displayed on the Site at checkout. The payment will be debited from account upon confirmation of your order. A VAT invoice will be sent you by email or together with the delivered order.

We reserve the right, in our sole discretion to limit, cancel or limit any order placed through the Site. We also reserve the right to limit, cancel or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

Moreover, we reserve the right to cancel any order/s submitted up to the point of delivery in case where an item or a product has been listed incorrectly or is unavailable. Where we cancel the order, we will notify you by an email.

 

  1. CANCELLATION OF ORDERS

You may cancel your order within 1 hour from the placement of your order. In order to cancel your order, please contact us on 77153637.

 

  1. DELIVERY

In addition to the price of the product, we charge a delivery fee depending on the location for the delivery and the type of delivery. All pricing, minimum thresholds, charges and delivery options will be as per the terms and parameters that are published on our Site and/or electronic channel

All deliveries will be made between Monday to Saturday during normal working hours, except for Sundays, public and national holidays.

At the time of delivery, you are required to carefully check that the products you received have not been damaged or otherwise altered and that the number of items delivered matches the amount indicated in the order. Where any of the products are damaged, or the number of items/units do not match the number of items ordered, you shall be obliged to immediately report to us, by contacting us at [email protected] indicating the order and the problems occurred.

  1. RETURNS AND DEFECTIVE PRODUCTS

You may return an item within 7 days from receipt. Please note that the right to return a product or item does not apply in all instances, such as items that cannot be resold for health and hygiene reasons. We will not refund any delivery costs that you may incur to return the product.

When you return an item, you have to ensure that the item is in its original and undamaged packaging, including all the contents therein, in which case a refund will be offered to you. If you return an item or cancel the order altogether and we have already debited your card, we will reimburse the sum received for the items purchased by crediting the same card you effected payment with. Please be aware that we will not be able to offer refunds/exchanges on stock affected beyond our reasonable control.

Should you wish to return an item for any reason, please notify us within 24 hours of receipt of your order indicating the order number, the item being return and the reason for such return. It is your responsibility to assure that when returning a package, the item is securely packaged.

  1. RESALE OF PRODUCTS

You acknowledge that you shall not sell or resell any products, items, services or samples that you may receive from us.

  1. CONSULTATIONS, HEALTH & SKIN CONDITIONS

As part of our service, we may provide assistance in the purchase and selection of products, and this through any help and opinions provided by our retail beauty consultants. This assistance is provided, subject to availability at our store, on our Site through live chat and also on our social media.

Such help and opinions are not professional medical or dermalogical advice or consultations. In this regard, please note that neither the use of our Site nor our consultation services nor our Site serves as a substitution for professional medical advice.

You agree that it remains your responsible to verify, ascertain and ensure that the products’ ingredients and/or characteristics are suitable for your use and application and that you make yourself aware of the product’s properties and/or side effects.

We shall not be in any way held responsible for any type of negative side effect, allergic reaction or damage that may result, directly or indirectly, from your use of any product, both products that are suggested to you by us, or products which you buy or acquire from us. Furthermore, we shall not be responsible for any losses and/or damages that result due to defects of problems of the supplied product which have not been directly caused by us.

In order to assist you, we will ask you to fill in a form wherein you provide us certain information on yourself such as your age, skin type, skincare routines, any skin or allergy issues that you may suffer from, any health and dermatological conditions and information relating to your diet and lifestyle.

Where the help and assistance is provided to you online, we may ask you to provide us with a photo and/or still or video image of your face and/or skin to provide you with the best possible assistance. It is your sole responsibility to communicate in advance any medical or health-related conditions and/or special needs to us or our beauty consultants that might affect or be affected by any consultation that we may provide you with. If you fail to disclose any such information to us or the person providing you with the assistance, neither us nor the relevant person shall be liable to you as recipient of the consultation for any injury, loss or damages resulting from the consultation that could reasonably have been avoided if you had disclosed that information prior to receiving the service.

Your first initial consultation will be free of charge. Any subsequent consultations will be subject to a fee.

Please note that we reserve the right to report to the relevant law enforcement authorities any content that you might send us in any electronic communication which we think is inappropriate or abusive.  

 

  1. WARRANTIES AND LIABILITY

Notwithstanding any provision in the Terms, nothing in these Terms affect or limit your rights as a consumer under Maltese law.

We provide the Site and the content and information related hereto on an “As Is” and “As Available” Basis as permitted by law. We do not grant any express, implied or statutory warranties with respect to the Site. We cannot guarantee nor be responsible for the security or privacy of the Site or any information provided to you.

We hereby disclaim all liability for the Site, in particular for the content displayed thereon. We shall likewise not be liable for any losses, damages or inconvenience arising from the unsuitability, unreliability, inaccuracy of the Site or the impossibility to use the Site. We cannot guarantee that the Site will be uninterrupted, secure or error free.

You agree that we shall have no liability of any nature, whether in contract, tort  or otherwise, for any losses and/or damages whatsoever and howsoever caused arising from or in any way connected with our services, unless such losses and/or damages are caused by our fraud, gross, negligence or wilful misconduct;

  1. SITE REVIEWS

When you post a review on our Site regarding a particular product, you must ensure that you have made use of the product/brand being reviewed yourself and that your review does not contain any offensive, abusive or racist comments nor any false or misleading statements.

We retain the right to accept, reject, or remove reviews at our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews. All reviews posted on our Site are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners.

We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review.

When you post a review on our Site, you hereby grant to us a perpetual, non-exclusive, royalty-free, irrevocable, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

You waive the right to be identified as the author of the review and the content therein and your right to object to derogatory treatment of such content and review.

  1. INTELLECTUAL PROPERTY RIGHTS

All trademarks, whether they are registered or not, as well as other intellectual property, including marks or names, images, photographs, written text or graphics, databases and other intangible assets protected by applicable international conventions and legislation on intellectual property rights, and any material or content reproduced on this Site will remain exclusively with us or our licensors. Any use thereof, including only in part, is prohibited without The Beauty Store Malta’s prior written consent, which exclusively reserves itself all relevant rights.

  1. PRIVACY POLICY & PROCESSING OF DATA

The Beauty Store Privacy Policy forms an integral part of these Terms and therefore you hereby also accept the terms of this Privacy Policy, found here. The details, including the manner in which we process your personal data are laid down in this Privacy Policy.

  1. SECURITY

For the protection of your security and to prevent fraud, we will carry out checks, including verification of personal details in order to confirm that your credit or debit card is not used without your knowledge and consent. To this effect, we may make additional checks and ask for your cooperation to carry out these checks. All personal information will be processed in accordance to our Privacy Policy and any applicable data protection laws.

 

  1. MODIFICATIONS

We reserve the right, in our sole discretion, to make changes or modifications to these Terms from time to time and for any reason. Therefore, it is your responsibility to periodically review these Terms to stay informed of updates. If you continue to the use the Site after changes have been affected, your use of the Site indicates your agreement to be bound by the new Terms and therefore shall be deemed as an acceptance of the changes in the revised Terms.

We also reserve the right to change, modify, or remove the contents of the Site, at any time or for any reason at our sole discretion without any prior notice. We also reserve the right to update, modify or discontinue all or part of the Site without notice at any time. Furthermore, we will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

  1. DISCOUNTS AND PROMOTIONS

When available, you may use any discount coupons or promotional codes be inserting the code when filling in the purchasing order. The discount/allowances will be applied automatically by our system.

All discount codes are to be strictly used in accordance to the terms and conditions upon which they were issued, including eligibility terms.

With each order, you may only use one discount code and it shall be within our sole discretion to reject or cancel your order when you use more than one discount code when purchasing an order.

  1. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, directors, agents, partners, suppliers and employees, from and against any loss, damage, liability, claim, or demand, costs and expenses, including reasonable legal fees arising out of a breach of these Terms by you, or any their liabilities arising out of the use of this Site or any other person accessing the Site using your personal information.

  1. THIRD PARTY LINKS

Our Site may include third party links to other websites or material which is beyond our control. We are not responsible for such websites or material nor do we review or endorse them. For such reasons, we will not be liable, whether directly or indirectly, for the privacy practices or content of such sites nor for any damage, loss or offence caused or alleged to be caused in connection with, the use of or reliance on any such advertising, content, products, material or services available on such external websites or resources.

 

  1. GOVERNING LAW AND PLACE OF JURISDICTION

These Terms and your use of the Site are governed by and construed in accordance with the laws of Malta applicable to agreements made and to be entirely performed within Malta, without regard to its conflict of law principles.

Any dispute arising from or relating to the interpretation, execution validity or efficacy of these Terms and of any other contract entered into with you will be submitted to the exclusive jurisdiction of the Courts of Malta.

  1. WAIVER

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

  1. SEVERANCE

If any part of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of the Terms.

 

  1. ENTIRE AGREEMENT

These Terms and any policies, notices or operations of rules posted by us on the Site form the entire basis of any agreement reached between you and us.

  1. CONTACT US

If you have any general queries, please do feel free to contact us as follows: