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TERMS & CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS carefully before using this website (‘the Site’). These Terms and Conditions apply to all visits and use of the Site, as well as to the Content (as defined hereafter), information, recommendations and/or services provided to you on or through the Site. By accessing and using the Site, you signify your consent to these Terms and Conditions in their entirety in addition to any other law or regulation that applies to the Site, the Internet, and/or the World Wide Web. If you don’t want to be bound by the terms, you must not subscribe to use our services.

YOUR USE OF THE WEBSITE IMPLIES THAT YOU AGREE WITH THE TERMS OF USE.

Conditions Relating to Your Use

These "Conditions of Use" constitute an electronic record within the meaning of the terms of Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

Privacy

Please review our Privacy Notice, which also governs your visit to Website, to understand our practices. The personal information / data provided to us by you during the course of usage of Website will be treated as strictly confidential and in accordance with the Privacy Notice and applicable laws and regulations. If you object to your information being transferred or used, please do not use the website.

Access to Website

We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.

Account and Registration Obligation

If you use the Website, You shall be responsible for maintaining the confidentiality of your Display Name and Password and you shall be responsible for activities that occur under your Display Name and Password. You agree that if you provide any information that is untrue, inaccurate, not correct or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not correct or incomplete, or not in accordance with the this Terms Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide You with access the Website. You should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.

Ownership of content

The Site is owned and operated by Kryolan Cosmetics (India) P. Ltd. All of the content featured or displayed on the Site, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software ("Content"), is owned by Kryolan Cosmetics (India) P. Ltd. and/or its group companies (hereinafter in this document ‘Kryolan’), its licensors and/or its content providers. All elements of the Site including, but not limited to, the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with Kryolan, no portion or element of the Site or its Content may be copied or retransmitted via any means and the Site, its Content and all related rights shall remain the exclusive property of the relevant member of the Kryolan group of companies or its licensors unless otherwise expressly agreed.

Trademarks

Websote, the logo and other marks indicated on our website are trademarks or registered trademarks of Kryolan group. Website graphics, logos, page headers, button icons, and product names are the trademarks of Kryolan GmbH and Kryolan Cosmetics (India) P. Ltd. Kryolan's trademarks and trade dress may not be used in connection with any product or service that is not Kryolan's, in any manner that is likely to cause confusion among customers or in any manner that or discredits Kryolan.

Copyright

The copyright in all Content is and remains owned by Kryolan. Except as may be otherwise indicated in specific documents within the Site, you are authorized to view, play, print and download documents, audio and video found on the Site for personal, informational, and non-commercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content. Except as authorized under the law relating to copyright, you may not reuse any Content without first obtaining the consent of Kryolan. For purposes of these terms, the use of any such material on any other website or networked computer environment is prohibited. You will not remove any copyright or other proprietary notices from material found on the Site. In the event you download software (including but not limited to screensavers, icons, videos and wallpapers) from the Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by Kryolan. Kryolan does not transfer title to the Software to you. You own the medium on which the Software is recorded, but Kryolan retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.

Mobile Devices

The Website may be available to you via your mobile Device. Your carrier may prohibit or restrict certain features of the Website from being available on your mobile Device, and some features may be incompatible with your carrier or Device. Kryolan disclaims all liability in connection with your use of the Website via your Device, including your inability to use or access certain features of the Website.

Communications

You hereby expressly agree to receive communications by way of SMS, e-mails from Website relating to Services provided. A User can unsubscribe/ opt-out from receiving communications from the Website anytime via: Newsletters sent periodically at the registered email address, by clicking on the unsubscribe option attached at the bottom of newsletter received through e-mail.

Eligibility

Use of Website is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you may use Website only with the involvement of a parent or guardian.

Indemnity and Release

You shall indemnify Kryolan Cosmetics (India) P. Ltd., its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of your breach of these Conditions of Use or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party. You release and indemnify Kryolan Cosmetics (India) P. Ltd. and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the action of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable effort in that behalf, Kryolan Cosmetics (India) P. Ltd. cannot take responsibility or control the information provided by other Users which is made available on the Website. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website. Please note that there could be risks in dealing with underage persons or people acting under false pretence.

Unsolicited ideas

Kryolan maintains the policy of not reviewing or accepting any unsolicited submissions of ideas, inventions, designs and/or other materials whether consisting of texts, images, sounds, software, information or otherwise (the "Materials") from persons external to Kryolan. You should therefore not post any Materials on the Site or send these to Kryolan by e-mail or otherwise.

Changes to the terms

Kryolan reserves the right, at its discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of the Site following the posting of changes to these terms (including the Kryolan Privacy Policy) will mean you accept those changes.

Misuse of the Site

You are prohibited from using the Site to post or transmit any material which is or may be infringing, threatening, false, misleading, inflammatory, libelous, invasive of privacy, obscene, pornographic, abusive, discriminating, illegal or any material that could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or which may otherwise give rise to civil liability or violate any law. You are also prohibited from using the Site to advertise or perform any commercial solicitation.

Participation Disclaimer

From time to time Kryolan makes it possible to view and distribute content generated by you, for instance through e-postings and sending postcards to others persons. If you make use of this you acknowledge that Kryolan only acts as a passive conduit for the distribution and is not responsible and liable for the content of the communications and materials generated by you or other users. Kryolan reserves the right at its sole discretion to block or remove any communications and materials it believes is not in accordance with these Terms and Conditions, or otherwise unacceptable to Kryolan.

Interpretation of Number and Genders

The Terms herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". Unless the context otherwise requires, the terms "herein", "hereof", "hereto", "hereunder" and words of similar import refer to the Terms as a whole.

Links to third parties

For your convenience and to improve the usage of the Site, links to websites that are owned and controlled by third parties may be provided from time to time. These links take you outside Kryolan’ service and off the Kryolan Site and are beyond Kryolan's control. The sites you can link to have their own separate privacy policy and although Kryolan seeks to protect the integrity of its Site, Kryolan is not responsible and cannot be held liable for the content and activities of these sites. You therefore visit/access these sites entirely at your own risk. Please note that these other sites may send their own cookies to users, collect data or solicit personal information, and you are therefore advised to check the terms of use and/or privacy policies on those websites prior to using them.

Disclaimer of Warranties

The site and the content are provided “as is” and without any warranties of any kind, whether express or implied, including but not limited to, implied warranties of satisfactory quality, and non infringement, to the fullest extent permitted by law. The information on this site is for general information purpose only and does not constitute advice. Kryolan does not represent or warrant that the information and/or facilities contained in the site are accurate, complete or content, or that the site will be uninterrupted or error free or that site or that the site or the server are free from viruses or other harmful components. Kryolan does not make any warrantees or representations regarding the use of the materials in the site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise, in each case to the fullest extent permitted by applicable law. Kryolan reserves the right to suspend or withdraw the whole or any part of the site at any time without notice without incurring any liability.

Limitation of liability

Your use of the site is at your own risk. neither Kryolan, nor any of its affiliates, officers, directors nor any of its agents or any other party involved in creating, producing or delivering the site will be liable for any direct, indirect, special, consequential or other damages that result from the use of, or the inability to use, the materials on the site, including damages caused by viruses or any incorrectness or incompleteness of the information on the site, or the performance of the products, even if Kryolan has been advised of the possibility of any such damages. Please note that some jurisdictions may not allow the exclusion of certain damages, so some of the above exclusions and limitations may not apply to you.

Force Majeure

Kryolan will not be responsible for damages, delays, or failures in performance resulting from acts or occurrences beyond its reasonable control, including, without limitation, fire, lighting, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies; any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; or inability to secure raw materials, transportation facilities, or fuel or energy shortages.

Orders

Kryolan may make online ordering services available to users. By submitting a completed order for Kryolan products (the “Products”) you offer to purchase the Products you select and submit to Kryolan through the online order form. Kryolan may accept your order by sending you an electronic order confirmation that your order has been accepted, and Kryolan may reject your order in its sole discretion. The delivery of products is solely limited to India and in common household quantities. If Kryolan accepts your order, you authorize Kryolan or its vendors or agents to bill your credit card (or other alternative payment method offered by Kryolan and selected by you) the current fees and charges for each Product chosen by you. When you provide bank card information, account numbers or other information necessary to facilitate payment to us or our vendors, you represent to us that the information is accurate, complete, and current, and that you are the authorized user of the bank card that is used to pay for the Products and services. In the event legal action is necessary to collect on balances due, you agree to reimburse Kryolan and its vendors or agents for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses (including on appeal).

Cancellation of Fraudulent/Loss to business Orders

To provide a safe and secure shopping experience, we regularly monitor transactions for fraudulent activity. In the event of detecting any suspicious activity, Kryolan reserves the right to cancel all past, pending and future orders without any liability. Kryolan also reserves the right to refuse or cancel orders in scenarios like inaccuracies in pricing of product on website and stock unavailability. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your card has been charged, the said amount will be reversed to your Card Account. Any promotional voucher used for the cancelled orders may not be refunded.

Product, contents and specification

Details of our Products are available on the Website. Kryolan attempts to describe its Products as accurately as possible. However, Kryolan does not warrant that Product descriptions are accurate, complete, current, or error-free. All features, content, specifications, Products, and prices described on the Website are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and provided for convenience purposes only. Packaging may vary from that shown. We make reasonable efforts to accurately display the attributes of our Products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your device will accurately display such colors. The inclusion of any Products or services on the Website at a particular time does not imply or warrant that these Products or services will be available at any time. We reserve the right, without prior notice, to limit the order quantity on any Product or service and/or refuse service to any customer.

Damaged goods

You are responsible for notifying Kryolan in case of lost shipments. Please promptly inspect your ordered Product(s) for any damage when your order arrives. If damage occurred to the Product(s) in your delivery, you are responsible for notifying us. Please provide your order number and contact information at that time. Please retain the shipping box, packing materials, and damaged items for later inspection.

Arbitration

Any dispute arising out of or relating to the website, its contents, the products, or the terms (including interpretation or breach of the terms), or to the existence, scope, or validity of the terms or this provision, including the nature and extent of the issues to be arbitrated, will be settled by confidential arbitration through the ICA (Indian Council of Arbitration) based in New Delhi. However that to the extent you have in any manner violated or threatened to violate us or our affiliate’s intellectual property rights or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction, and you consent to jurisdiction and venue in any such court for that purpose. The decision of the arbitrator will be final and binding on all persons affected by the decision. Judgment upon the arbitration award may be entered in any court having jurisdiction.

Severability

If any provision of this Agreement is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.

Additional Terms

Except as otherwise provided herein, these Terms are the entire agreement between you and Kryolan, and supersede any prior understandings or agreements, written or oral.

Termination

The Terms of Use will continue to apply until terminated by Website as set forth below. Website may suspend or terminate your use of the Website or any Service if it believes, in its sole and absolute discretion that you have breached, violated, abused, or unethically manipulated or exploited any term of these Terms or anyway otherwise acted unethically. If Website terminates your use of the Website or any Service, Website may delete any content or other materials relating to your use of the Service and Website will have no liability to you or any third party for doing so. You shall be liable to pay for any Service or product that you have already ordered till the time of Termination by either party whatsoever. Further, you shall be entitled to your royalty payments as per the User License Agreement that has or is legally deemed accrued to you.

Governing Law and Jurisdiction

These Terms of Use and all transactions entered into on or through the Website and the relationship between you and Website shall be governed in accordance with the laws of India without reference to conflict of laws principles. You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, the Terms of Use or any transactions entered into on or through the Website or the relationship between You and Website shall be subject to the exclusive jurisdiction of the courts at New Delhi, India and You hereby accede to and accept the jurisdiction of such courts.

Shipment

Title and risk of loss for all products ordered by you shall pass on to you upon Website’s shipment to the shipping carrier.

Submissions

Any feedback (submissions) you provide to this Website shall be deemed to be non-confidential. Website shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, you represent and warrant that
  • Your feedback does not contain confidential or proprietary information of you or of third parties; Website is not under any obligation of confidentiality, express or implied, with respect to the feedback; This policy is intended to avoid the possibility of future misunderstandings if projects developed by Kryolan seem similar to ideas contained in your Submissions.

Conditions of Sale

This section deals with conditions relating to the sale of products on the website by us to you

Basis for sale

Your order is an offer to us to buy the product(s) in your order. When you place an order to purchase a product from us, you will receive an e-mail confirming receipt of your order and containing the details of your order (the "Order Confirmation E-mail"). The Order Confirmation E-mail is an acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s) ordered. Your contract is with us and you confirm that the product(s) ordered by you are purchased for your internal / personal purpose and not for re-sale. You authorize us to declare and provide declaration to any governmental authority on your behalf stating the aforesaid purpose of the products ordered by you on the website.

Returns or exchange

Returns is permissible if the following situations may arise
  • Item was defective
  • Item was damaged during the Shipping
  • Wrong item was received.
Return could also result in refund of money in most of the cases.

Pricing and availability

We list availability information for products sold by us on the website, including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. Please note that dispatch estimates are just that. There are no guaranteed dispatch times and should not be relied upon as such. As we process your order, you will be informed by e-mail if any products you order turn out to be unavailable.

Taxes

You shall be responsible for payment of all fees/costs/charges associated with the purchase of products from us and you agree to bear any and all applicable taxes/VAT, cesses etc. levied thereon.

Terms of Payment

For the purposes of buying any item listed on website, you agree and undertake not to make payments in any manner other than as provided, without the prior consent of the Company .You acknowledge and accept that you have specifically authorized the Company to collect, process, facilitate and remit payments and/ or the Transaction Price by any of the prescribed methods of payment through Payment on Billing or Payment on Delivery to and from other Users in respect of Transactions.

Delivery

When an order is placed, it will be delivered to an address designated by you as long as that delivery address is compliant with the shipping restrictions contained on the Website. We cannot accept shipments to P.O. boxes, freight forwarders. Indian based business or residential addresses are only permitted. A delivery fee may apply to Products delivered to you by Kryolan, and by placing an order you agree to pay such fee. Risk of loss and title for items purchased from the Website pass to you upon delivery of the Products to you. If delivery is available, Kryolan will estimate the time of delivery; however, Kryolan specifically disclaims any liability with regard to late deliveries. Occasionally, the manufacture or distribution of a certain Product or service may be delayed for a number of reasons. In such event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule. By placing an order, you represent that the Products ordered will be used only in a lawful manner and in accordance with these Terms.

PRO CARD

PRO CARD members may receive their benefits as applicable.

Time limit for notification

In the case of damaged or defective Product (including delivery of an incorrect Product), you must notify Kryolan of such damage promptly after the receipt of the Product.
 
KRYOLAN
At Kryolan, we make make-up. But not like anybody else. Because unlike everybody else, we actually make our make-up. We‘ve done it our own way for 70 years and three generations. We think of it. We manufacture it. Formulate it and love it into existence. There is only one real professional make-up maker. There is only one Kryolan.
PRO CARD
  • Special discounts in participating stores
  • Free subscription to “Lebendige Maske”
  • Discounted prices for Kryolan events
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