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Terms and Conditions of use

Introduction

These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and  Atypical Cosmetics Ltd.,  the owner, and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by  Atypical Cosmetics Ltd.  and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to  Atypical Cosmetics Ltd.  and accessing the Website in connection with the provision of such services.

You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.

Intellectual property and acceptable use

  1.  All Content included on the Website, unless uploaded by Users, is the property of Atypical Cosmetics Ltd.,  our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission
  2.  You may, for your own personal, non-commercial use only, do the following: 2.1 display and view the Content on a computer screen
  3.  You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Atypical Cosmetics Ltd..

Prohibited use

4. You may not use the Website for any of the following purposes:

4.1  in any way which causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyment of the Website;

4.2. in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;

4.3 making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.

Customised Serum Sample with 10-day free trial / Customised Face Oil Sample

  1. The customised face oil with a 10-day trial enables you to try a 3ml sample of your customised face oil blend whilst only paying for the cost of postage. Once you place a 10-day Free Trial order or a Customised Serum Sample order, you are automatically enrolled in a trimonthly subscription.
  2. You can cancel the subscription associated with your Free Trial by logging in to your account, clicking ‘subscriptions’ and then clicking cancel. If you do not cancel your Free Trial subscription, an automatic renewal order will be created 7 days after your free trial order date and you will be charged £29 and receive a full-sized 30ml customised face oil.
  3. The trimonthly subscription associated with the Free Trial renews every three months at a cost of £29. You will continue to automatically receive subscription renewal orders until the subscription is cancelled.
  4. You can cancel your subscription anytime by logging in to your account, clicking ‘subscriptions’ and then clicking cancel.
  5. Your default payment method will automatically be charged when renewal orders are created. You are responsible for any charges incurred by subscription renewal orders prior to the cancellation of your subscription. Subscription renewal orders and subscription renewal charges are non-refundable.

Free Trial

  1. The free trial enables you to try a 3ml sample of your customised face oil blend whilst only paying for the cost of postage.
  2. The free trial sample, and the cost of postage associated with it, are non-refundable and the sample cannot be returned or exchanged. 

Refer a friend

7.The refer a friend program allows you to earn a discount when a friend you refer makes their first purchase. You can refer a friend by logging into your account and sharing your unique URL or unique coupon code. Alternatively, you can also send referral invite emails through our website. By sending them referral invite emails, you confirm that your friends/the recipients have given you their consent to enter their email address and send them an invite.

8. A £10 discount code will be emailed to you after a friend you refer places an order and the order is shipped to them. Your discount code expires within 30 days of your friend placing their order. When you refer a friend, your friend also gets £10 off their first order. This discount is automatically added to their cart.

9. You can refer as many friends as you like. You cannot refer yourself. You can only earn a discount for referring new customers. Existing customers cannot be referred but may make referrals to their friends. The discounts cannot be exchanged, transferred, redeemed, replaced or refunded for proper cash. Referral discounts are only applicable to the full-sized face oils (30ml) and are not applicable to any samples or the 10ml face oil.

Subscriptions

  1. When you purchase our products, you are able to specify if you would like to automatically receive your customised skincare through one of our subscription options. By choosing a subscription, you acknowledge and agree that Atypical Cosmetics Ltd. (or its third-party payment processor) is authorised to charge your default payment method on a recurring basis (E.G., Monthly, Bimonthly or Trimonthly) for as long as your subscription remains active and that your subscription will remain active until you cancel it or until we suspend the service.
  2. You can cancel your subscription anytime by logging in to your account, clicking ‘subscriptions’ and then clicking cancel. You are responsible for any charges incurred by subscription renewal orders prior to the cancellation of your subscription.

 

Registration

  1. You must ensure that the details provided by you on registration or at any time are correct and complete.
  2.  You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.
  3. We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these terms and conditions.
  4.  You may cancel your registration at any time by emailing us at hello@atypicalcosmetics.com. If you do so, you must immediately stop using the Website. Cancellation or suspension of your registration does not affect any statutory rights.

Privacy Policy 

  1. Use of the Website is also governed by our Privacy Policy, which is incorporated into these terms and conditions by this reference. To view the Privacy Policy please visit https://www.atypicalcosmetics.com/privacy-policy/

Availability of the Website and disclaimers

  1. Any online facilities, tools, services or information that Atypical Cosmetics Ltd. makes available through the Website (the Service) is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.  Atypical Cosmetics Ltd. is under no obligation to update information on the Website.
  2.  Whilst Atypical Cosmetics Ltd. uses reasonable endeavors to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers. Whilst Atypical Cosmetics Ltd. allows Users to specify ingredients they would like to avoid in their customised products, we give no warranty or guaranty that ingredient cross-contamination will not occur at the point of manufacturing and all Users take responsibility for their own health and wellbeing when using our website, products and service.
  3.  Atypical Cosmetics Ltd. accepts no liability for any disruption or non-availability of the Website.
  4.  Atypical Cosmetics Ltd. reserves the right to alter, suspend or discontinue any part (or the whole of) of the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

Limitation of liability

  1. Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
  2.  We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
  3.  To the maximum extent permitted by law, Atypical Cosmetics Ltd. accepts no liability for any of the following: 23.1  any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities; 23.2 loss or corruption of any data, database or software; 23.3 any special, indirect or consequential loss or damage.

    Atypical Cosmetics Affiliate Programme

    1. By signing up to be an affiliate in the Atypical Cosmetics Affiliate Programme  (“Atypical Insiders”, “Programme”) you agree to be bound by the following terms and conditions (the “Terms”). Please ensure that you read them carefully before signing up. These Terms are a legal agreement between Atypical Cosmetics Ltd. a company registered in Scotland with company number SC619210 and having its registered office at 311 Byres Road, Glasgow, Scotland, United Kingdom (“Atypical”, “Atypical Cosmetics”, “we”, “us”) and You (the “Affiliate”, “you”).
    2. To set up an Affiliate Account please fill in the online application form on our Website. If your application is successful, you will then be asked to create an Affiliate Account. You must be 18 years of age or older to join this Programme and reside in the UK. Once your account is created, we will then provide you with a unique coupon to share on your website and social media platforms. Each use of this coupon will be registered on your Affiliate Account, and for each sale made that uses that coupon you will earn a commission at the rate of 15%. We only pay commission on the sale price of our products and no commission will be paid on any delivery fees or sales taxes paid by the customer. 
    3. We reserve the right to change, increase and/or decrease the commission rate at any time. Changes to these Terms may include, without limitation, changes in the way we award commission, fee schedules, payment procedures and Affiliate Programme rules. We reserve the right to update and change the Terms from time to time without notice. Any amendments, modifications, enhancements or changes to the Programme including the release of new features and resources made available by us from time to time shall be subject to these Terms. Continued use of the Programme after any such changes shall constitute your consent to such changes. You may not use the Programme for any illegal or unauthorized purpose. You must not, in the use of the Programme, violate any laws in your jurisdiction (including but not limited to copyright laws).
    4. We pay our Affiliates through PayPal. Your PayPal account must be set up in order for you to receive payments. Please ensure that the PayPal email address listed on your account is correct so that we can make payments to you. It is your responsibility to ensure that the PayPal email listed in your account is correct. If your PayPal email changes, it is your responsibility to update your payment email in your Affiliate Account. 
    5. To update your payment email, log into your Affiliate Account, click “Settings”, add your new email and click “Save profile settings”.
    6. Accrued Affiliate referral fees are paid roughly once per month and only when your accrued referral fees total £50 or more. This means that you must have earned £50 in referral fees before you receive your first affiliate referral fee payment. Customer payments refunded or payments charged-back due to credit card fraud do not qualify for referral fees. 
    7. It is your responsibility to declare and pay any tax or insurance due on these payments and you indemnify Atypical Cosmetics against any claims, losses, damages or any other liabilities which arise as a result of you not declaring and paying those sums.
    8. We reserve the right to disqualify referral fees earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. We reserve the right to check and change commissions on the basis of orders actually paid, the notification e-mail is not understood as a confirmed commission – this is only a notification, and every payment will be verified based on real transactions.
    9. Neither you nor we are the agent or partner of the other. You agree that you will not at any time promote yourself as an agent or employee of Atypical.
    10. You also agree that you have no authority to enter into any contract on behalf of Atypical Cosmetics or to bind Atypical Cosmetics in any way, and you will not make any representation or indication that you are acting on behalf of, or are in any way capable of binding, Atypical Cosmetics.
    11. You agree that you will:(a) follow our reasonable instructions and requests in relation to your relationship with us as our Affiliate;(b) always promote Atypical and our products in the best light and as we would choose to do so ourselves, and not make or publish any statement which is disparaging or negative;

      (c) notify us of all enquiries about Atypical or our products promptly;

      (d) familiarise yourself with the characteristics, functionality, price, performance and availability of our products; and

      (e) bear all costs and expenses incurred in connection with your activities as an Atypical Affiliate.

    12. You also agree that you will not:(a) make any statement, representation or warranty, whether vocally or in writing, about Atypical or our products other than those statements and representations contained in materials provided by us to you or set out on our Website;(b) register any domain name, email address or company name that is identical or similar to the registered trademarks ‘Atypical’ or ‘Atypical Cosmetics’ or a translation of these trade marks into any other language;

      (c) create, or direct or permit anyone else to create, a website for the sole purpose of advertising or promoting Atypical or our products;

      (d) create or maintain, or direct or permit anyone else to create or maintain, any website or social media account or page using ‘Atypical’ or ‘Atypical Cosmetics’ or any translation of these trade marks, and which site, account or page could reasonably be considered by anyone visiting it to be owned or maintained by us;

      (e) promote your Affiliate code or link using SPAM/unsolicited emails or in any way which is not GDPR compliant;

      (f) promote your Affiliate coupon in a way that may cause offence to others, including competitors;

      (g) make statements about Atypical products or Atypical Cosmetics Ltd that are not true. 

    13. You can choose to end your membership of our Affiliate programme at any time, for any reason, by notifying us that you wish to do so. We will then close your account, meaning any use of your coupon code will no longer be registered to your account. Any commission which has not already been paid to you at the date that your account is closed will be paid through to you within two (2) months of your account being closed.
    14. Atypical Cosmetics, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Programme, or any other Atypical Cosmetics service, for any reason at any time. Such termination will result in the deactivation or deletion of your Affiliate Account, and the forfeiture and relinquishment of all potential or accrued referral fees in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. Atypical reserves the right to refuse service to anyone for any reason at any time. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to the Atypical Cosmetics website and all our images and other materials provided under the Programme.
    15. In addition to the termination provisions above, either you or we will be entitled to terminate your membership immediately by notifying the other in writing if the other is declared bankrupt, enters into insolvency or administration proceedings. The rights to terminate set out above do not prejudice any other right or remedy available to you or us. If your membership of our Affiliate Programme is terminated for any reason you will be entitled to receive any unpaid commission registered on your Affiliate Account, unless payment is excluded for any reason set out in the above paragraphs. You will not be entitled to, or have any claim against Atypical for, compensation of any sort.
    16. Unless these Terms state otherwise, on termination of your Affiliate Account neither you nor we will have any further obligation to the other under these Terms.
    17. You agree not to disclose any Confidential Information, directly or indirectly, to any third party without our written authorisation to do so, and you will exercise a reasonable level of care in protecting our Confidential Information from unauthorised use and disclosure. In particular, you agree that you will keep your account login details confidential and will not share them with any other person. Disclosure of our Confidential Information has the potential to cause damage to our business beyond anything that is capable of being valued by money damages. You therefore agree that we will be entitled to injunctive relief and any other remedies available to us in order to enforce these confidentiality provisions.
    18. You indemnify, defend and hold harmless Atypical Cosmetics and its directors, officers, employees, distributors and agents from and against any and all claims, expenses, wages, lawsuits or other liabilities (including without limitation, reasonable legal fees and court costs) for injury to any person, or for loss or damage to personal property, which arises out of any misrepresentation by you regarding Atypical Cosmetics or our products, or any other of your activities as an Atypical Affiliate or Atypical Insider.
    19. We make no warranties or representations (whether express or implied) with respect to the Affiliate Programme or your potential to earn income as an Affiliate, or that our Website will be available or error-free at any time.
    20. We will not be liable for any special, indirect, incidental or consequential damages (including loss of profits) arising from or relating to your membership of our Affiliate Programme, including without limitation damages claimed as a result of our Website or our products being unavailable or not performing for any period of time.
    21. Atypical’s liability for all claims of any kind arising out of or related to these Terms (including for negligence), whether based on contract, tort or on other legal or equitable grounds, is limited to money damages not exceeding the amount of commission due to you and unpaid at such time and which relates directly to the particular claim.
    22. Nothing in these Terms excludes or limits our liability for death or personal injury resulting from our negligence, for fraud or fraudulent misrepresentation or for anything else it would be unlawful to exclude or limit.
    23. All notices given by you to us must be given to Atypical Cosmetics Ltd. at hello@atypicalcosmetics.com. We may give notice to you at the e-mail address you provided to us when registering. Notice will be deemed received and properly served 24 hours after an e-mail is sent. In proving the service of any notice, it will be sufficient to prove in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
    24. If we fail, at any time to insist upon strict performance of any of your obligations under these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled hereunder, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
    25. These Terms and any document expressly referred to in it represents the entire agreement between us in relation to the use of the Programme and supersedes any prior agreement, understanding or arrangement between us, whether oral or in writing.
    26. We each acknowledge that, in entering into these Terms, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to entering into these Terms except as expressly stated herein.
    27. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date we entered into these Terms (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these Terms.
    28. This legal notice shall be governed by and construed in accordance with Scottish law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the Scottish Courts.General
    29. You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
    30.  These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
    31.  These terms and conditions together with the Privacy Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
    32.  The Contract (Third Party Rights) (Scotland) Act 2017 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
    33.  If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
    34.  Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
    35. This Agreement shall be governed by and interpreted according to the law of Scotland and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the Scottish courts.
    36. Atypical Cosmetics Ltd. may sometimes offer raffles, contests and draws to win a customised face oil; advertised either on its website or through one of its marketing channels. In this draw, one winner will be randomly selected every three months from all valid entries within that period, regardless of how the user signed up to the draw. Only one entry per person and per email address. Entrants must be residents in mainland UK and be over 18 years old. Responsibility will not be accepted for the loss, delay or corruption of any data in transit, or in the incomplete nature of any entries to the prize draw. Prizes cannot be exchanged for a cash alternative. The one winner will receive one 30ml full-sized customised Atypical face oil. The winner will be notified by email. This must be acknowledged by the recipient, by email, within 72 hours. Responsibility will not be accepted for the loss, delay or any damage to prizes while being delivered. Entrants will be deemed to have accepted these rules and to agree to be bound by them. The winner decision is final. No correspondence will be entered into.
    37. Atypical Cosmetics Ltd. reserves the right to cancel, extend, change or amend any of its competitions, giveaways, draws or raffles including but not limited to their rules, dates, closing dates and deadlines.

     

     Atypical Cosmetics Ltd.  details

    Atypical Cosmetics Ltd. is a company incorporated in Scotland with registered number SC619210 whose registered address is 311 Byres Road, G12 8UQ and it operates the Website atypicalcosmetics.com.

    You can contact Atypical Cosmetics Ltd. by email at hello@atypicalcosmetics.com.

     

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