Terms & Conditions
These Website Terms and Conditions apply to the website www.THXBeauty.com (the “Site”). These Website Terms and Conditions do not apply to other websites to which we link. You agree that your use of the Site signifies your assent to these Website Terms and Conditions. If you do not agree with these Website Terms and Conditions, please do not use the Site.
ACCESSING & USING THE SITE
As a condition of your access to and/or use of the Site, you warrant that:-
(i)all information supplied by you on the Site is accurate, current and complete;
(ii)you are 18 years of age or older in order to access and/or use the Site;
(iii)you will not copy or distribute any part of the Site in any medium without THXBeauty’s prior written authorization; and
(iv)you shall not use and/or access the Site for unlawful, illegal or fraudulent purposes; to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or in any other manner which is prohibited by these Website Terms and Conditions.
You shall be solely responsible for your access to and/or use of the Site and its materials herein.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Website Terms and Conditions.
PROHIBITED ACTIVITIES
You agree and undertake NOT to:
(i) use the Site for illegal purposes or other than in conformance with the acceptable use policies of any connected computer networks, any applicable Internet standards and any other applicable laws;
(ii) impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity;
(iii) attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the Site, interfere with another’s utilization and enjoyment of the Site, or use or upload, in any way, any software or material that contains, or which you have reason to suspect that contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt the Site’s data or damage or interfere with the operation of another customer’s computer or mobile device or the Site; and
(iv) post, promote or transmit through the Site any any information, graphics, photographs, data and/or any other material that: contains any computer virus or other invasive or damaging code, program or macro; infringes any third-party intellectual property or any other proprietary rights; is defamatory, libellous or threatening; is obscene, pornographic, indecent, counterfeited, fraudulent, stolen, harmful or otherwise illegal under the applicable law; and/or is or may be construed as offensive and/or otherwise objectionable, in our sole opinion.
LINKS TO THIRD PARTY SITES
You hereby agree that THXBeauty does not have control over websites that the Site may link to. The Site may contain links to third party websites that are not affiliated with or owned, operated, or controlled by THXBeauty. Therefore, we cannot and do not assume responsibility for the content, privacy policies, or practices of such websites or the companies that own them. Additionally, we cannot and will not censor or edit the content of any third party site. By using the Site, you expressly relieve THXBeauty from any and all liability arising from your access and use of any third party website.
INTELLECTUAL PROPERTY RIGHTS
THXBeauty is the owner or the licensee of all intellectual property rights in and to the content on the Site, and in the material published on it. Those works are protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws around the world. All such rights are reserved. You may not copy, reproduce, modify, republish, upload, post, transmit, adapt, download, use transformatively, distribute or howsoever deal with any content or material from the Site in any form or by any means without THXBeauty’s prior written permission, and you are solely responsible for obtaining such permission before dealing with any content or material that is available on the Site. Any unauthorized use of content or material on the Site may violate THXBeauty’s intellectual property rights, and other applicable laws, and could result in criminal or civil penalties.
SALE & PURCHASE OF GOODS
THXBeauty attempts to be as accurate as reasonably possible in its descriptions of any products available for sale and/or sold through the Site (each a “Product”). However, THXBeauty does not warrant that product descriptions or other content of the Site is accurate, complete, reliable, current, or error-free. If a product offered by THXBeauty is not as described, or in the event of any other non-conformity or defect in any Product, your sole and exclusive remedy is to return the Product in unused condition.
You may place an order by completing the order form on the Site and clicking on the “Submit Order” button. You shall be responsible for ensuring the accuracy of all orders. All orders will be deemed to be irrevocable and unconditional upon transmission through the Site and THXBeauty shall be entitled (but not obliged) to process such order(s) without your further consent and without any further reference or notice to you.
All orders shall be subject to THXBeauty’s acceptance in its sole discretion and THXBeauty reserves the right to decline to process or accept any order received from or through the Site in its absolute discretion. Each order accepted by THXBeauty (such accepted order to be referred to as an “Individual Contract”) shall constitute a separate contract governed by these Website Terms and Conditions. You acknowledge that unless you receive a notice from THXBeauty accepting your order, THXBeauty shall not be party to any legally binding agreements or promises made between THXBeauty and you for the sale or other dealings with any product(s).
After THXBeauty has accepted your order, delivery of Products shall be made to the address you specify in your order, subject to availability of the Products. All delivery timeframes given are estimates only and delays may occur. If the delivery of your Product is delayed, THXBeauty will inform you accordingly and your Product will be dispatched after it becomes available to THXBeauty. The time for delivery shall not be of the essence, and THXBeauty (nor any of its agents) shall not be liable for any delay in delivery howsoever caused. In the event you do not receive the Product by the projected delivery date and provided that you inform THXBeauty within 3 days immediately from such projected delivery date, THXBeauty will use commercially reasonable efforts to locate and deliver the Product. If THXBeauty does not hear from you within 3 days from such projected delivery date, you shall be deemed to have received the Product.
If you fail to take delivery of the Products (otherwise than by reason of any cause beyond your reasonable control or by reason of THXBeauty’s fault) then without prejudice to any other right or remedy available to THXBeauty, THXBeauty may terminate the Individual Contract.
Risk of damage to or loss of the Products shall pass to you at the time of delivery to the common carrier, or if you wrongfully fail to take delivery of the Products. Notwithstanding the foregoing, the property in the Products shall not pass to you until THXBeauty has received in cash or cleared funds payment in full of the price of the Products for which payment is then due.
The price of the Products payable by you shall be the price of Products listed for sale as stated on the Site at the time at which the order placed by you is transmitted to THXBeauty through the Site. All prices are subject to taxes, unless otherwise stated. THXBeauty reserves the right to amend the price of any Product at any time without giving any reason or prior notice. In the event that any product has been mispriced on the Site, THXBeauty reserves the right to terminate the Individual Contract and notify you of such cancellation, regardless of whether or not the products have been dispatched or are in transit and whether payment has been charged to you.
You may pay for the Product using any of the payment methods prescribed by THXBeauty from time to time. If you fail to make any payment or payment is cancelled for any reason whatsoever, then without prejudice to any other right or remedy available to THXBeauty, THXBeauty shall be entitled to cancel the Individual Contract or suspend delivery of the Products until payment is made in full.
Any returns, exchanges and refunds must be done in accordance with the instructions and conditions set out in the Refund/Cancellation Policies and Exchange Policy at www.THXBeauty.com/faq as may be updated from time to time. Any refunds will be issued in the form of a THXBeauty e-gift card. No cash or credit refunds will be issued by THXBeauty under any circumstances.
THXBeauty e-gift cards are valid for a period of one (1) year. Please note that if the THXBeauty e-gift card expires, no cash or credit refund will be issued and you agree that all remaining funds on the e-gift card are forfeited. THXBeauty will not replace any e-gift cards if lost, damaged, stolen or otherwise used or accessed without authorization. THXBeauty e-gift cards cannot be redeemed or exchanged for cash. If the amount of any order exceeds the amount of the e-gift card, you must pay for the balance of the order. If the amount of the order is less than the balance of the e-gift card, the difference will be available to you via the THXBeauty e-gift card for future use until the e-gift card expires.
NO WARRANTIES
The Site, its services and all information provided herein are provided on an “as is,” “as available” basis without warranties of any kind, either expressed or implied, other than those imposed by law, including but not limited to, warranties of title or implied warranties of merchantability, satisfactory quality, fitness for a particular purpose or non-infringement. Without limiting the generality of the foregoing, THXBeauty expressly disclaims any warranty, condition, guarantee, term or representation as to the reliability, accuracy, completeness, and validity of any content or material on the Site, and there is no warranty, condition, term or representation that the functions contained on the Site will be secure, uninterrupted or error-free, or that any defects will be corrected. Any and all such warranties, conditions, terms and representations are specifically excluded. THXBeauty assumes no responsibility for errors or omissions in the materials on the Site, including factual or other inaccuracies or typographical errors. You expressly agree that your use and/or access of the Site is at your sole risk.
Without prejudice to the generality of the foregoing:-
(i)no condition is made or to be implied nor is any warranty given or to be implied as to the life or wear of any Products or that they will be suitable for any particular purpose or use under any specific conditions, notwithstanding that such purpose or conditions may be known or made known to THXBeauty;
(ii)THXBeauty binds itself only to deliver Products in accordance with the general description under which they were sold, whether or not any special or particular description shall have been given or shall be implied by law. Any such special or particular description shall be taken only as the expression of THXBeauty’s opinion in that behalf. Neither THXBeauty nor THXBeauty gives any warranty as to the quality, state, condition or fitness of the Products;
(iii)THXBeauty shall be under no liability for the following measures and actions taken by you or third parties and the consequences thereof: improper remedy of defects, alteration of the Products without the prior agreement of THXBeauty, addition and insertion of parts, in particular of spare parts which do not come from THXBeauty;
(iv)THXBeauty shall be under no liability in respect of any defect arising from unsuitable or improper use, defective installation or commissioning by you or third parties, fair wear and tear, wilful damage, negligence, abnormal working conditions, defective or negligent handling, improper maintenance, excessive load, unsuitable operating materials and replacement materials, poor work, unsuitable foundation, chemical, electro-technical/electronic or electric influences, your or third parties’ failure to follow THXBeauty’s instructions (whether oral or in writing) misuse or alteration or repair of the Products without THXBeauty’s approval;
(v)THXBeauty is not liable for any losses suffered by any third party directly or indirectly caused by repairs or remedial work carried out without THXBeauty’s prior written approval and you shall indemnify THXBeauty against all losses arising out of such claims; and
(vi)THXBeauty shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the Products has not been paid in cleared funds by the due date for payment.
INDEMNITY
You shall indemnify and hold harmless THXBeauty and its partners, affiliates, subsidiaries, advertising agencies, agents and their employees, officers, directors, and representatives from any claims, losses, and damages, including reasonable attorneys’ fees, arising out of your access of, use of and/or participation in this Site, including (i) any claims of infringement of a third party’s rights; (ii) damage to tangible property, bodily injury, or death; (iii) negligence or willful misconduct caused or attributable to you, or any of your employees, personnel, agents or vendors, or (iv) your breach of the representations, warranties, covenants, obligations under these Website Terms and Conditions or any other terms or conditions between the Parties.
LIMITATION OF LIABILITY
To the fullest extent permitted by law, you acknowledge and agree that under no circumstances (including but not limited to any act or omission on the part of THXBeauty) will THXBeauty or its affiliates be liable to you for any direct, indirect, incidental, special and/or consequential damages, loss of profits or loss of data which result from any use or access of, or any inability to use or access the Site or any information obtained from it whether based on contract, tort, product liability or otherwise and even if advised of the possibility of such damages or losses.
In addition, THXBeauty and its affiliates shall not be liable to you for any damages or losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with: (i) the sale of the Products to you, or its use or resale by you; and (ii) any defect arising from fair wear and tear, wilful damage, misuse, negligence, accident, abnormal storage and or working conditions, alteration or modification of the Products or failure to comply with THXBeauty’s instructions on the use of the products (whether oral or written).
You acknowledge and agree that your access and use of the Site is dependent on third party service providers such as internet, network, connectivity or other link providers. Further, your payment for any Products purchased from the Site is processed by third party payment system providers. All payment details are processed by third party payment system providers and THXBeauty does not retain or process any such payment information. THXBeauty does not guarantee the security of the payment system(s) or any payment data on the Site, THXBeauty is not responsible for any acts or omissions of any third parties and disclaims any and all liability in connection with the acts, omissions or defaults of such third parties. Without prejudice to the generality of the foregoing, THXBeauty is not responsible for the results of any credit inquiry, the availability or performance of the Internet, your connection to the Internet or the actions or inaction of any other person or entity, including any internet service provider. By using the Site, you expressly relieve THXBeauty from any and all liability in connection with the acts, omissions or defaults of such third parties.
To the extent the limitation of liability by THXBeauty or its affiliates is not permitted by law, the aggregate cumulative liability of THXBeauty or its affiliates shall in any event not exceed the sums that you have paid to THXBeauty in the immediately preceding 12-month period under each Individual Contract for all losses under, arising out of or relating to the sale of Products under such Individual Contract.
SUSPENSION AND TERMINATION
We will determine in our sole discretion whether there has been a breach of these Website Terms and Conditions through your use and/or access of the Site. When a breach of these Website Terms and Codnitions has occurred, we may take such action as we deem appropriate, including:-
– Immediate, temporary or permanent withdrawal of your right to use and/or access the Site;
– Issue of a warning to you;
– Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; and
– Disclosure of such information to law enforcement authorities as we reasonably deem necessary.
We exclude liability for any actions taken in response to breaches of these Website Terms and Conditions. The responses described above are not exhaustive, and we may take any other action we reasonably deem appropriate.
GENERAL
No Relationship: Neither these Website Terms and Conditions nor your use and/or access of the Site creates any joint venture, agency, partnership, or employment relationship between you and THXBeauty.
Waiver & Severability: The failure of THXBeauty to enforce any right or provision of these Website Terms and Conditions will not be deemed a waiver of such right or provision. In the event that any provision of these Website Terms and Conditions is held to be invalid, illegal or unenforceable, the remaining provisions of these Website Terms and Conditions will remain in full force and effect.
Entire Agreement: These Website Terms and Conditions, which expressly incorporate the Privacy Policy at www.THXBeauty.com/privacy-policy and those terms and conditions referred to therein, constitute the entire agreement between you and THXBeauty relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on the Site.
Governing Law: These Website Terms and Conditions and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of China. Any claim or dispute arising out of or relating to these Website Terms and Conditions and/or your access to and/or use of the Site which cannot be resolved through negotiation will be subject to the non-exclusive jurisdiction of the courts of China.
Non-assignment: You may not assign these Website Terms and Conditions or any of its rights or obligations under these Website Terms and Conditions to any party.
UPDATES
We may change any content or material on the Site at any time. Any of the content or material on the Site may be out of date at any given time, and we are under no obligation to update the Site. We will not be liable if for any reason the Site, or any portion thereof, is unavailable at any time or for any period. We reserve the right to refuse any and all current or future access to and/or use of the Site without prior notice to you.
If we decide to change our Websites Terms and Conditions for the Site, we will post the revised Websites Terms and Conditions here. Your continued use of the Site indicates your assent to the Websites Terms and Conditions as posted.
If you have any questions about our Website Terms and Conditions or Privacy Policy, please contact us at [email protected].