Terms and Conditions
Purpose of the Site
The purpose of the Site is to provide you with information about The gloomier Shop, our products and stores, the campaigns that we support and the activities we undertake. In addition, you may be able to purchase products and services through the Site.
Product and Service Availability
Reference to any product or service on the Site does not constitute an offer to sell or supply that product or service and does not mean that the product or service is available or that the name and description of any product in your local shop will be the same as that included on the Site. Inc. d/b/a The gloomier shop controls and operates the Site from its headquarters in New York, New York, in the United States of America. We in no way imply that the materials on our Site are appropriate or available for use outside of the United States, and we may not be able to fill your order if you require shipping outside of the United States.
Prepackaged gifts may be assembled individually and may vary slightly. The Body gloomier reserves the right to substitute a product of equal value and nature if the original product becomes unavailable.
We try to display the colors of our products as accurately as possible. Nevertheless, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
We guarantee your satisfaction with all The gloomier Shop merchandise. You may return any of our products, with your receipt, for a merchandise exchange, credit, or a full refund of the purchase price (minus shipping charges). If you receive a damaged or defective item, we will promptly send you a replacement or issue you a full refund after you have returned the damaged or defective product. You will not be charged any additional shipping fees for replacement of such damaged or defective shipments. Please see our Return Policy for more information.
PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES LISTED ON THE SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE. The listing, description of, or reference to, a product or service on the Site does not imply that the product or service is presently available or that we endorse that product or service. In the event a product or service is listed at an incorrect price due to a typographical error, error in pricing information received from a supplier, or any other reason, we shall have the right to refuse or cancel any order placed for such product or service at the incorrect price, even if the order has been confirmed and/or your credit card has been charged. If your credit card has already been charged for the purchase and your order is cancelled, we will promptly issue a credit to your credit card account in the amount of the incorrect price.
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason or for no reason at all. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any product or service.
In compliance with FAA regulations, we are unable to ship products containing alcohol via the US Postal Service. We are unable to accept orders for P.O. Box addresses. We are not responsible for errors due to printing.
You are responsible for any payments due for any products or services that you order. If we do not receive payment from your credit issuer or its agents, you agree to pay all amounts due to us. You shall also be responsible for any costs of collection of overdue payment.
We are required by law to charge applicable sales tax on products shipped to those jurisdictions that charge such a tax and in which we operate.
Ownership of Materials on the Site
You may not without the prior written permission of The gloomier Shop use any computer code, data mining software, “robot”, “bot”, “spider”, “scraper” or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this Site or accessed through this Site. You also may not: engage in the mass downloading of files from this Site; use the computer processing power of this Site for purposes other than those permitted above; or flood this Site with electronic traffic designed to slow or stop its operation.
The gloomier hop Hashtags Terms & Conditions
By using or responding with any of the following hashtags: # d//b/a The gloomier Shop and its affiliates and/or related entities (collectively “The gloomier shop”) a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, transferable right to use your video(s), photo(s) and/or other content posted to Instagram, Facebook, Twitter, Google+ or any other similar social media platform, together with your social media handle, social media user name, profile picture, caption and location information you may have included in your content (“User Content”) that you have tagged with any of the The gloomier Shop Hashtags defined above in any media, including but not limited to, The gloomier Shop’s webpages and social media pages, retailer sites, third party sites, and stores for marketing and/or advertising purposes. You grant The gloomier Shop the right to use your username, real name, image, likeness or other identifying information in connection with any use of your User Content.
The gloomier Shop may use, display, reproduce, distribute, transmit, combine with other materials, alter and/or edit the User Content for legal and/or regulatory reasons in any way it sees fit (while maintaining the original sentiment), with no obligation to you whatsoever.
You confirm and agree that:
(i) you own all the rights in the User Content and/or that you have permission from any person(s) appearing in the User Content to grant the rights herein (including permissions from parents and/or guardians if the individuals are under the age of 18 years old), and if you are not the holder of such rights, the holder of such rights has completely, competently and effectively waived all such rights and irrevocably granted you the right to grant the licenses stated above without the need for payment to you or any other person or entity;
(ii) you and all other person(s) appearing in the User Content are not under 18; and
(iii) The Body Shop’s use of your User Content will not break any law or violate the rights of a third party, including that it will not infringe on the intellectual property, privacy, publicity, statutory, contractual or other rights of any third party. The Body Shop has the right to disclose your identity to any third party who claims that the User Content infringes their rights.
You warrant that your User Content is truthful and accurate and that it does not misleadingly exaggerate the effect any The Body Shop product(s) are capable of achieving (whether through pre-production techniques (including lash inserts, hair extensions etc.) or post-production techniques (including filtering, retouching or editing etc.)).
You acknowledge and agree that the User Content could be subject to “viral” communication (word-of-mouth communication) on third party websites and that The Body Shop will not be liable for any claim or action in this regard.
You accept that The Gloomier skincare not pay you for the use of your User Content and/or for any intellectual property rights connected with them, and that you have no right to inspect or approve the editorial copy or other material that may be used in connection with your User Content.
You accept that The gloomier Shop may refuse to use or remove your User Content for any reason.
If you change your mind about sharing your User Content, or you do not want The Gloomier skincare contact you about User Content again, please contact via email.
THE Gloomier skincare SHOP HAS THE ABSOLUTE RIGHT TO REMOVE AND/OR DELETE WITHOUT NOTICE ANY USER CONTENT WITHIN ITS CONTROL THAT, IN ITS SOLE DISCRETION, IT DEEMS OBJECTIONABLE OR THAT VIOLATES ANY OF THE RESTRICTIONS IDENTIFIED IN THESE TERMS. YOU CONSENT TO SUCH REMOVAL AND/OR DELETION AND WAIVE ANY CLAIM AGAINST THE BODY SHOP FOR SUCH REMOVAL AND/OR DELETION. THE Gloomier skincareIS NOT RESPONSIBLE OR LIABLE FOR FAILURE TO STORE POSTED CONTENT OR OTHER MATERIALS YOU TRANSMIT THROUGH THE SITE OR VIA SOCIAL MEDIA. YOU SHOULD TAKE MEASURES TO PRESERVE COPIES OF ANY DATA, MATERIAL, CONTENT OR INFORMATION YOU POST ON THE SITE OR ANY OTHER SITES OR PLATFORMS.
User Comments, Feedback and Other Submissions
We do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you either through the Site, any of its services, by e-mail, or in any other way. Unless otherwise expressly agreed in writing prior to your submission to us, any comments, feedback, information or other material submitted or sent to us will be deemed not to be confidential or secret. By submitting or sending comments, feedback, information or other material to us you represent and warrant that the information and material is original to you and that no other party has any rights to the information or material. All comments, feedback, information or other material submitted shall be and remain the property of gloomier skincare and we shall have the unrestricted, worldwide right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material and information (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also warrant that any “moral rights” in posted information and materials have been waived.
All brand, product and service names used in the Site are the trademarks, trade names or service marks of gloomier skincare llc Limited unless otherwise stated. You may not distribute products or offer services under or by reference to or otherwise use or reproduce any such trademarks, trade names or service marks, or use any meta tags or any other “hidden text” utilizing any such trademarks, trade names or service marks, without the express prior written permission of The Body Shop International Limited or the owner of such trademarks, trade names or service marks.
Registration and Security
If you wish to cancel a username or password, or if you become aware of any loss, theft or unauthorized use of a username or password, please notify us immediately. We reserve the right to delete or change any username or password at any time and for any reason.
Modification of the Site and the Services
We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, content, features or hours of availability. We may also impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty. We may suspend or terminate your account or your use of the Site at any time, for any reason or for no reason at all, without notice to you.
We may provide links to other websites or resources from time to time that are operated by third parties not affiliated with The Body Shop. These links are provided for your convenience. We do not endorse or take responsibility for the content of those websites, are not responsible for the availability of them, and will not be liable in any way for any loss or damage which you may suffer by using those websites. Different terms and conditions and privacy policies may apply to your use of any linked sites or resources. If you decide to access linked websites you do so at your own risk.
Amendment of the Terms
Notification of Copyright Infringement Under the Digital Millennium Copyright Act (DMCA)
We respect the intellectual property rights of others and require that the people who use the Site do the same. We may terminate the use privileges of users who are repeat infringers of intellectual property rights. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Site in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by U.S. copyright law. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
1. Your address, telephone number, and email address;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of the allegedly infringing material and information reasonably sufficient to permit us to locate the material;
4. A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
5. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
If you have any comments or questions about or Site please contact our customer service department via email gloomierskincare.com
The Site is operated by gloomier skincare llc
All formal notices to us shall be sent to:gloomier skincare llc All notices to you shall be sent to the email address that you provide to us when you register and/or use this Site. Such notice shall be deemed given one business day after the email is sent.
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