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Terms and conditions

We are happy to see you on EMVY Cosmetics website.

“EMVY Cosmetics” Ltd. (further referred as “we”, “us” or “our”) is offering goods and services, presented on EMVY Cosmetics website (further referred as “site”), in accordance with terms of using the site presented below, our privacy policy and other conditions, terms and policies presented on the website due to specific functional capabilities, capital, sales, and services for customers, which are included in present terms of using the site and are part of it (together further referred as “Conditions”).

In accordance with our privacy policy, in order for you to be able to purchase goods on site or receive your favorite marketing messages, you have to be at least 18 years old. If you are younger than 18 years old, you cannot purchase goods on the website and receive your favorite marketing messages in accordance with our privacy policy. However, if you are younger than 18 years old you can get access to the site. By getting access to the website and using it, you confirm that you have read and understood present terms of usage, accepting to follow them without limits or doubts. If you do not agree with present conditions and terms, you cannot use our site.



Privacy


Please read carefully our privacy policy, in order to understand the order of using the confidential information accepted by us.



Goods and services for private usage.


Goods and services, presented on the site, are meant to be used only for private purposes. You are not allowed to sell or re sell goods and services, purchased from us or received from our company in another way.



Terms and procedure of purchases.


Order and contact reviews are usually done through “messengers” or email. Customer is responsible for the information provided such as email address and mobile phone number to be accurate and correct. Including the cases of using SPAM filters, customer is responsible for all emails sent during order review by the seller or a third party, that are agreed with the seller, to be delivered.



Information accuracy


It is in our interest to describe products on the site as accurate as possible.

Information shown on the website can contain mistypes, inaccuracies and not full or not up-to-date information. We keep a right to edit any mistakes or inaccuracies (after delivery inclusive), and change or update without any before notice.



Intellectual property.


All information and insides of our website: brand logo, service logos, pictures, graphics, texts, capabilities, functions, styling, and software, is a legal property of “EMVY Cosmetics” and protected by the law of Russian Federation and other international norms like copyright of products and brand logo. It is strictly forbidden to use our brand logo and style by anyone without our direct agreement and written consent.

With exceptions of terms discussed in part 6 below or cases when it is need legal court involvement, it is forbidden to use, duplicate, copy, sell, re sell, receive, change or use partly or fully in any other private use without our direct agreement and written consent.



Limited Licenses.  Limitations of use


We grant you a limited, revocable, non-transferable, non-exclusive license to access and personally use the Site.  You unconditionally agree that you will not try to perform or perform the following actions on the Site, and you will not help their performaning or attempts of performing them by third parties:

 

  • Create frames or use appropriate technology in relation to the Site or any part of it;
  • use meta tags, hidden text, robots, global search programs on the Internet, "collectors" and other tools (both controlled and automated) for the purpose of collecting, deleting, indexing, extracting, republishing, redistributing, distributing, selling,  granting rights to use to third parties, downloading the content of the Site (except as provided for by the caching process, as well as for the correct display of pages) or personal information of other users without our prior written permission or granting us the appropriate authority;
  • use the Site or the Content for purposes other than personal;
  • modify, decompile the Site or Content, or create any derivative works based on the Site or Content;
  • impersonate any natural or legal person, declare or otherwise falsely report its affiliation with any natural or legal person;
  • harass or otherwise harass others (as well as encourage harassment to others), detain or harm third parties (including any harm to minors);
  • deliberately violate applicable law (both local and national and international law);
  • transfer, upload, publish, send by e-mail, post for sharing, distribute, reproduce or otherwise provide for placement the following types of software: computer viruses, malicious software components, programs, codes, files or other materials created to interfere with the correct  work, cause damage to any part of the Site or change, destroy or shorten any part of the Site;  and / or


Encourage the posting or posting of inconsistent or unauthorized advertisements, offers and promotional materials, including "letters of happiness", bulk mailings or other forms of spam.

  •  We grant you a limited, revocable, non-transferable, non-exclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only.  Any website that links to our Site: may link to any part of the Content and / or all of the Content, but not reproduce any part of the   Content and / or all of the Content;
  •  Have no reason to believe that we endorse this website, its products or services;
  •  Has no right to misrepresent the relationship between his company and us;
  •  Does not have the right to include content that can be recognized by us at our sole discretion as tasteless, obscene, offensive, contradictory, illegal or unacceptable for a particular age;
  •  Has no right to depict us or our products or services in a false, misleading, derogatory, offensive or questionable light, or to associate us with unwanted products, services or opinions;
  •  Has no right to link to any page of our Site, except for the home page.  We have the right, in our sole discretion, to request that you remove any link to the Site.  Upon receipt of such a request, you must immediately remove the corresponding link and stop making any links, unless the resumption of linking will be separately authorized by us in writing.

 

Any unauthorized use by you of the Site or any part and / or all of the Content will automatically terminate the limited licenses set forth in this section, without prejudice to any other remedies provided by applicable law or these Terms and Conditions.

 


Your obligations and responsibilities


By accessing or using the Site or its Content, you unconditionally accept these Terms and Conditions, as well as any other warnings and instructions posted on the Site.  By accessing or using the Site or its Content, you agree to act in good faith, in accordance with the law and established rules.  Without limiting the general meaning of other sections of these Terms and Conditions, in the event of a failure to perform, either intentionally or through negligence, you are liable for all loss or damage incurred as a result of such actions by us, our affiliates, partners or licensors.



Account


You have the right to view the Site, use its properties and make purchases without registration.  To gain access to some sections of the Site, an account is required.  Responsibility for the confidentiality of the account, login and password rests with its owner.  In case of unauthorized use of your password or account, please contact us immediately.  For all actions performed with your permission or initiated by you, using your account, username, and / or as a result of improper provision of the security level of your account and / or username, the account owner is responsible.  You have the right to deactivate your account at any time.  We reserve the right to refuse service and / or close an account without prior notice if the Terms are violated or if we decide in our sole discretion that such action should be performed in our best interests.



Links to third parties


We are not responsible for the content of any third party websites if they are linked to the Site.  The links on the Site are provided for convenience only and do not indicate endorsement by us, our affiliates or partners of the related content, products, services or suppliers.  You assume the entire risk of accessing and using these third party websites.  We are in no way responsible for the study or evaluation of the content of third-party or other websites linked to the Site, we do not make guarantees regarding the offers on such websites and do not accept responsibility for the actions, content, products or services offered on  such websites, including but not limited to their privacy policies and terms and conditions.  Please read the privacy policy and terms and conditions of the third party website you are visiting carefully.



User content


In accordance with our policy, we do not accept proposals and ideas submitted without approval.  Notwithstanding our policy regarding unsolicited suggestions and ideas, when you transmit, upload, publish, email, share, distribute, reproduce or otherwise make available suggestions, ideas, requests, feedback, data, text  , software, music, soundtrack, photographs, graphics, images, videos, messages or other materials ("User Content") on the Site, you are solely responsible for such User Content.  By doing so, you transfer to us a perpetual, international, irrevocable, unlimited, non-exclusive, royalty-free right to use, copy, license, sublicense, adapt, distribute, display, publicly display, reproduce, transfer, modify, modify or otherwise use said Content.  user around the world, in all known or subsequently created media, for any purpose without limitation, including the development, manufacture, distribution and advertising of products.

 

You represent and warrant that you own or otherwise control the rights to the associated User Content.  You agree not to participate in or induce others to participate in the transmission, uploading, posting, e-mailing, sharing, distributing, reproducing or otherwise posting User Content on the Site that:

  •  Is unlawful, harmful, threatening, obscene or pornographic, harassing, offensive, inappropriate, defamatory, vulgar, defamatory, violating another's privacy, racially or ethnically outrageous, or otherwise questionable, and  not to contribute to the above;
  •  You are not entitled to disclose by law or due to contractual or fiduciary obligations;
  •  Known to you to be untrue, fraudulent, inaccurate, or misleading;
  •  Was paid to you by a third party or for which you received any remuneration from a third party;
  •  Infringes the rights of patents, trademarks, trade secrets, copyrights or other proprietary rights of any person.

 

We are under no circumstances responsible for the study or evaluation of User Content and the User Content itself.  We do not control the User Content transmitted or published on the Site by you or others and, therefore, make no guarantees as to the accuracy, completeness or quality of such User Content that was transmitted or published on the Site by you or others.  You understand that when using the Site, you may be exposed to User Content posted by others that is offensive, obscene or questionable to you.  We shall under no circumstances be liable for User Content, including but not limited to errors or omissions present in User Content, or for any loss or damage of any nature incurred by you as a result of your use of User Content transmitted, downloaded, published, directed  by email or otherwise provided on the Site.  You hereby acknowledge your waiver of groundless or well-founded complaints about violations of property rights, rights to protect the spheres of private and public life, moral rights, rights to mention the author's name related to the User Content.

You acknowledge that we have the right (but not the obligation), acting in our sole discretion, to refuse to post any User Content or remove any User Content, and you reserve the right to modify, modify, shorten or remove any User Content.  Without limiting the general meaning of other sections of these Terms, we may remove User Content that violates these Terms or is otherwise questionable, and we reserve the right, without notice, to refuse service and / or delete user accounts that violate these Terms and Conditions.  or infringes upon the rights of others.



Removal of User Content


To delete User Content (ratings and comments) posted by you in the public domain on our Site or in our mobile applications, please contact us by email and include the following data in your request for deletion: first name, last name, username / nickname (if any), the email address indicated on our Site and (or) in mobile applications, the reason for deleting the publication, the date(s) of the publication(s) that you would like to remove (if you know this).  Without providing the specified information, it is impossible to satisfy the request for deletion.  The processing of the request for deletion occurs within 10 working days.



Notices of copyright infringement


We respect the intellectual property rights of others.  If you believe that any material has been copied in violation of copyright, please send an email and provide the following information:


  •  Identifying the subject (s) of intellectual property that you believe to be infringed and confirming that you own or are authorized to act on behalf of the owner of the copyright;
  •  Description of the material that, in your opinion, violates intellectual property rights, and the location of this material on the Site;
  •  Your mailing address, telephone number and email address.



Representations and Warranties.  Limitation of Liability


The site, its content and services are provided as they are, neither we nor our affiliates, partners or licensees make any representations or warranties in relation to these terms and conditions.

 You agree that in full, within the framework of the law, neither we nor our affiliates, partners and licensees are responsible and liable, under any circumstances, in relation to:


  • Suspension of households.  Activities;
  • Temporary interruptions or delays in the work of the site;
  • Theft, loss, failure to provide or inappropriate provision or other misrepresentation of data;
  • Losses, or damages of any kind, incurred as a result of transactions with links to other websites from our site, or placement of similar links on our site;
  • Inaccuracies and (or) omissions regarding the content of the site;
  • Events that are beyond our control.

 

In addition, in full, to the extent permitted by law, neither we nor our affiliates, partners and licensees are liable for incidental, consequential, special, and punitive or any other subsequent damages associated with the site, its use, regardless of the circumstances.



Guarantee of damages


You agree to defend and indemnify us and our affiliates, partners, licensors, officers, employees and agents ("Indemnified Parties") from any loss, damage or expense, including reasonable attorney costs, that arise  as a result of claims, actions or demands of third parties in connection with:

  • Your use of the Site or its Content in violation of any law, rule, regulation or these Terms and Conditions or;
  • Any part of your User Content.  You also agree to indemnify the Indemnified Parties for all damages, damages and costs, including reasonable attorneys' fees, arising from your use of bots, global search programs, "collectors" or similar collection means and extraction of data, as well as a result of committing other actions that could create an unreasonable load on our infrastructure.



Disputes


With respect to any disputes, claims or contradictions regarding the Site, all rights, obligations and actions provided for by these Terms are governed by the legislation of the Russian Federation in the same way as it would be if the Terms and Conditions were an agreement concluded and fully enforceable within  Russian Federation.


Consent to receive electronic notifications through publication on the Site or by email


You agree to receive agreements, notices, information and other communications (collectively, "Notices") referenced by these Terms from us electronically, including, but not limited to, by email or by posting on this Site.  You agree that all Notices we provide to you electronically comply with all legal requirements that require such notices to be provided in writing.  To revoke your consent to receive Notices electronically, you must notify us of your revocation of consent by sending us an email to (hidden) and stop using the Site.  In this case, all rights granted to you under these Terms and Conditions, including but not limited to those specified in Section 6 of this document, will automatically terminate.  Unfortunately, we cannot provide the opportunity to use this Site to a user who does not agree to receive Notices in electronic form.

Please note that consent to receive Notices has nothing to do with consent or disagreement to receive promotional emails.



General provisions


You acknowledge and agree that these Terms constitute the entire and final agreement between us regarding your use of the Site and supersede all previous offers, agreements or other communications.

 

We reserve the right, acting in our sole discretion, to make changes to these Terms at any time by posting the relevant changes on the Site and sending a notice of changes.  Any changes take effect immediately after they are posted on the Site.  The effective date of the current version of the Terms is indicated at the top of this document.  Your continued use of the Site subsequently signifies your acceptance of these Terms as amended.  We have the right, with or without prior notice, to terminate the rights granted under these Terms.  You must immediately comply with the terms of the relevant termination notice or other notice, including (where applicable) by stopping the use of all resources on the Site.  We also reserve the right, at any time and from time to time, to change or discontinue, on a temporary or permanent basis, the operation of the Site (or any part of it) with or without notice.

 

These Terms cannot be construed as establishing an agency relationship between us, or as creating a partnership or other form of joint venture between us.  Unless we have required you to comply with any of the provisions of this document, this does not affect our right to require compliance with the relevant provisions at any time thereafter, and our waiver of claims in relation to violations of the provisions of this document cannot be construed as a waiver of the right to demand compliance.  the provisions themselves.  If any provision of these Terms proves to be unenforceable or invalid in accordance with applicable law or is recognized as such in accordance with the relevant decision of a court or arbitration court, then this impossibility of enforcement or invalidity does not lead to the impossibility of enforceability or invalidity of these Terms in full  therefore, these Terms must be modified as necessary by the authorized entity to reflect, as far as possible, the original intent of the parties as expressed in the original statement.  The section headings in these Terms are for convenience only and cannot be equated with the content.

 

If you have any questions regarding these Terms, please email: info@emvycosmetics.com