Terms & Conditions
1.1 These Terms of Conditions (hereinafter referred to as “Terms” or “Terms and Conditions”) are brought by Waldencast UK Limited (trading under the name WHIND) (“Waldencast”, “us”, “our” or “we”), incorporated under the laws of the United Kingdom, with its registered office at Waldencast UK LTD, Devonshire House, 60 Goswell Road, London, EC1M 7AD, UNITED KINGDOM (hereinafter referred to as the “Company”), the owner of WHIND platform available on the web page whind.com (hereinafter referred to as “Website”).
1.2 Please read these Terms and Conditions carefully. They represent the legally binding agreement between you and the Company and govern the ordering, sale and delivery of products, and the use of the Website. If you use the Website and/or register and/or use the Services, as defined in these Terms, you agree that you have understood and accepted the terms of the Agreement. You may not use our Services, as defined in these Terms, if you do not accept these Terms. If you accept these Terms and Conditions on behalf of an organization that you represent, you confirm that you have the authority to do so. In the event of using Services, as defined in these Terms, on behalf of your employer, you represent and warrant that you are authorized to accept these Terms and Conditions on Your employer's behalf and that your employer agrees to indemnify you and Company for violations of these Terms. In these Terms “Customer” will refer to you unless you are acting on behalf of an organization in which case “Customer” will refer to such organization on which behalf you are acting.
1.3 The Company and the Customer are referred to as “Party” and jointly and “Parties”.
2. Services and incorporation
2.1 The Company through Website offers a variety of products such as skincare products, hair care products, clothes, bags, jewelry, accessories etc. (hereinafter referred to as: “Products”). The Website also contains beauty, culture, travel, lifestyle, craftsmanship or similar content followed by text, tips and photos (hereinafter referred to as: “Content”). The Products are offered for sale over the Website and the Content is made available through Website to Customers (hereinafter referred to as: “Services”). The Content is protected by copyright and other intellectual property laws which belongs to the Company and you are not allowed to use it without the prior explicit written permission given by Company.
2.2 The Company may have to make changes from time to time to the Services, pricing, and policies. The Customer is responsible for the compatibility of its use of Website and Services with the then-current Website and Service description and policies. Company may in its reasonable discretion suspend or discontinue any or all of the Services related to some or all of its Products or amend policies by posting a notice within the Website or by sending a notice to the Customer who already made an order, through an appropriate means of electronic communication associated with the User Account or otherwise known to Company. Otherwise, it is your responsibility to keep informed about all changes to the Services or the policies.
3. Registration and use of the website
3.1 To register for an account, you must provide a unique username and password and certain personal details such as: first name, last name, email address, payment details, shipping address, billing address. The optional information that may be provided includes date of birth and gender. You may also sign-up using pre-existing account on other platforms such as Google, Facebook, Instagram, etc. (the Single sign-on platforms “SSO Platforms”) which can then be used each time when you are accessing your account (hereinafter referred to as: “User Account”). The User Account allows you to use our Services and to comment on Website’s Content such as blog posts. All Customers who had registered the User Account will be referred to as “Registered Users”.
3.2 You agree that, once the correct username and password relating to your User Account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for any payment of any order made from your User Account, save where the order is cancelled by you in accordance with these Terms and Conditions.
- By using the Website, you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use our Services only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
- You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Company representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
- You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful. You may not in any way display, publish, copy, print, post or otherwise use the Website, Content and/or the information contained therein without the express prior written consent of an authorised Company representative.
- You may be offered to subscribe to our newsletter when creating the User Account or when you are using our Services. Your subscription to our newsletter is not mandatory and it does not affect your use of Services.
4. Orders, payments and delivery
4.1 Services may be used by both Registered Users or guests (in which case the User Account is not mandatory). Whether or not Website accepts an order depends on the availability of Products, correctness of the information relating to the Product (including without limitation the price) and receipt of payment or payment authorisation by Company for the Products. Placing Products in a wish list or shopping basket without completing the purchase cycle does not constitute an order for such Products, and as such, Products may be removed from the shopping basket if stock is no longer available or the price thereof might change without notice to you. You cannot hold Company liable if such Products are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage. You acknowledge that stock of all Products on offer is limited and that pricing may change occasionally without any specific notice to you. In the case of Products for sale by Company, Company will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, the Company cannot guarantee the availability of stock. When products are no longer available after you have placed an order, Company will notify you and you will be entitled to a refund of any amount already paid for such Products.
4.2 Company will indicate the acceptance of your order by delivering the Products to you or allowing you to collect them, and only at that point will an agreement between you and Company come into effect (the “Sale”). This is regardless of any communication from Company stating that your order or payment has been confirmed. Company will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
- Orders can be cancelled by writing to email address firstname.lastname@example.org as long as the action on this request arrives before the order has been picked up at the warehouse (before 3pm ET/3pm CET).
- Please note that once the order is accepted the same cannot be amended.
- Payments will be arranged via third-party service providers including, but not limited to Shopify, Shop Pay, Apple Pay, Amazon Pay and Google Pay. Payments details shall be provided within the finishing of the purchase. Payment methods include, but are not limited to credit card, debit card, PayPal, Apple Pay, Shop Pay and Amazon Pay. You acknowledge that transactions made through such third-party service providers are beyond Company’s reasonable control and that the same are made in accordance with and governed by terms and conditions of such third-party service providers. Therefore, Company is not responsible or liable for any loss or damage of any sort incurred as the result of acts or omissions on the side of such third-party service providers.
- You represent and warrant that you are fully authorised and that you have the legal right to use any credit or debit card(s) or other payment method(s) utilized in connection with purchase of the Products. Verification of information may be required prior to the acknowledgment or completion of any transaction.
4.6 Delivery - Where it accepts your order, the Company will deliver the Products to you as soon as reasonably possible, in accordance with the delivery period plan per each country (“Delivery Period”). We will notify you if we are unable to deliver the Products during the Delivery Period.
4.7 If the order is made from USA the Delivery Period amounts from 4 to 5 business days for continental states. For the orders made from; Hawaii, Alaska, US overseas territories, Canada and Mexico the Delivery Period might last more than 7 business days.
4.8 Company’s obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order. Company is not responsible for any loss or unauthorised use of a product, after it has delivered the product to the physical address nominated by you. For the purpose of delivery, we use third-party’s services such as: post or FedEx, UPS or similar in the US; UPS or similar in Europe.
4.9 Company shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Products on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to Company’s gross negligence), Company shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out within our return policy.
4.10 Returns will be processed by emailing customer service email@example.com with your name, order number, and reason for return within 30 days of order being placed. In the case of damaged items, photographic evidence will need to be provided, and the product will need to be returned to warehouse for quality assurance purposes.
5.1 Please note that the first 20,000 subscribers to our mailing list will be entitled to 10% discount to all of our product for indefinite period of time. Also, all customers who sign up to our mailing list will be entitled to 10% off of their first purchase.
5.2 From time to time, we may offer certain Products at discounted prices or any other temporary deal. These will be subject to certain conditions (as set out in these Terms and the Website), which define the scope of the such deal. If you buy a Product within the scope of a such deal, you will pay the discounted price for such Product (the “Deal Price”). However, if you buy a Product in a manner that falls outside of the scope of a deal, then you will pay the then current (non-deal) selling price on the Website, for each Product that falls outside the scope of the temporary deal. Daily deals quantities are limited and as such, after a daily deal is sold out, those particular Products may be available on the Website at their normal selling prices (but no longer as a Deal Price).
6. Obligations and conduct
6.2 The Company reserves the right to remove comments or suspend the User Accounts that violate these Terms. You are responsible for providing suitable hardware (laptop or mobile phone), software (web browser) and a stable internet connection that will ensure access to Website and/or Services.
7. Intellectual property rights
7.1 The Content of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website are protected by law, including but not limited to copyright and trade mark law. The Content is the property of Company, its advertisers and/or sponsors and/or is licensed to Company. You will not acquire any right, title or interest in or to the Website or the its Content.
7.2 Any use, distribution or reproduction of the Content is prohibited unless expressly authorised in these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any Content you must contact the Company. Where any of the Content has been licensed to Company or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third-party terms and conditions.
7.3 The “Company’s Trademarks" means all names, marks, brands, logos, designs, trade dress, slogans, domain names and other designations the Company uses in connection with its Products and Services, including Website. You may not remove or alter any of the Company’s Trademarks, or co-brand your own products or material with the Company’s Trademarks, without the Company’s prior written consent. You acknowledge the Company's rights in the Company’s Trademarks and agrees not to use any of the Company’s Trademarks without the Company's prior written consent. You agree not to incorporate any of the Company’s Trademarks into your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, for any use whatsoever.
8. Termination of the agreement
8.1 Company may in its sole discretion terminate, suspend and modify the Website or Services, with or without notice to you. You agree that Company will not be liable to you in the event that it chooses to suspend, modify or terminate this Website or Services other than for processing any orders made by you prior to such time, to the extent possible.
8.2 If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Products, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website and/or of your User Account without any prejudice to any claims for damages or otherwise that Company may have against you.
8.3 Company is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website and/or have created multiple user profiles to take advantage of a discounts or occasional acts of kindness intended by Company to be used once-off by you, to blacklist you on its database (including suspending or terminating your access to the Website and/or your User Account), refuse to accept or process any order, and/or to cancel any order concluded between you and Company, in whole or in part, on notice to you. Company shall only be liable to refund monies already paid by you and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.
9. Disclaimer of Warranties
9.1 The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website. Whilst the Company takes reasonable measures to ensure that the Content of the Website is accurate and complete, Company makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by Company’s representatives, Company shall not be bound thereby.
9.2 Company disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any Content therein unless otherwise provided by law.
9.3 Although Products sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law. Any views or statements made or expressed on the Website are not necessarily the views of Company, its directors, employees and/or agents.
9.4 In addition to the disclaimers contained elsewhere in these Terms and Conditions, Company also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Company, its employees, agents or authorised representatives. Company thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.
9.5 The Company warrants to provide the Services in a professional manner. The Company does not warrant that the Services will be available all the time. Yours entire remedy for the Company’s failure to meet service level requirements or other requirements under these Terms will be for Company to use reasonable commercial efforts to correct reported faults for which it is responsible. All other warranties, whether statutory or contractual, are hereby excluded from this Agreement, to the extent permitted by law.
9.6 The Company makes no representation that Content on the Website is appropriate or available for use worldwide, and access to it is prohibited from territories where the Content or Products available through the Website are illegal. You may not use the Website or export its Content or products in violation of United States export laws and regulations. You are responsible for compliance with all local laws if, and to the extent, local laws are applicable.
10. Limitation of liability
10.1 Company cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of Company, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of our email address firstname.lastname@example.org.
10.2 Company shall not be liable for any direct or indirect, incidental, special or consequential loss of damages which might arise from your use, or reliance upon the Website or the Content contained in in the Website; or your inability to use the Website, and/or unlawful activity on the Website.
10.3 You shall indemnify and hold Company harmless against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from the use of the Website.
11. Force Majeure
11.1 Any delay or failure by either Party hereto in performance of these Terms will be excused to the extent that such delays or failures are caused by occurrences beyond such party’s reasonable control, including acts of God, decrees or restraints of governments, strikes or other labour disturbances, war, sabotage, and any other cause which cannot be reasonably controlled by either Party (hereinafter referred to as “Force Majeure Event”). The Party seeking to excuse its performance will promptly notify the other Party, and the notifying Party will be excused for the duration of its inability to perform. If such conditions continue for sixty (60) days or more, the obligation under these Terms related to such performance shall be Terminated and both Parties shall be released from their obligations save the obligation to refund any payments or to return any Products to other Party. Any such release shall be valid for particular performance affected by Force Majeure Event and shall not be valid for future and shall not terminate future obligations under these Terms.
12. Governing law and jurisdiction
12.1 These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of England and Wales excluding its conflict of law provisions and excluding the application of United Nations Convention on Contracts for the International Sale of Goods. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the England and Wales courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions. In the event of any dispute arising between you and Company, you hereby consent to the non-exclusive jurisdiction of the courts of London, England, for the resolution of any dispute which may arise in connection herewith.
13. General terms
13.1 These Terms constitute the entire agreement between you and the Company relating to the subject matter and cancel and supersede any prior versions of the Terms. No modification to the Terms will be binding, unless in writing and provided by Company and on Website.
13.2 Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of these Terms will remain in full force and effect.
Date of Last Revision: December 29, 2020
This Site is operated by Waldencast UK Ltd (Company No 12181395). Registered address at 60, Goswell Road, London EC1M 7AD.
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