IMPERFECT LIMITED TERMS & CONDITIONS

1. INTRODUCTION

Welcome to www.overglam.com (the "Website"). Please read these Terms of Use (the "Terms") before using the Website. When you come to www.overglam.com and use any part of it you are agreeing to these Terms. If you do not agree with anything you read here, please exit this Website. You may not place an order through this Website unless you agree to be bound by our Terms and Privacy Policy.

 

This Website is operated by Imperfect Limited. All content that you see here is owned by or licensed to us. It is not for commercial use, and unless we specifically agree, you cannot copy, distribute, publish or alter the Website content.

 

Within the Website, you may find links or references to third party materials and websites outside www.over-glam.com. We do not endorse, authorize , or control those websites and therefore accept no liability in respect of the content or your use of those websites.

 

It is a condition of your using www.overglam.com that you have read and consented to the terms of our Privacy Policy. This tells you how we use your personal information.

 

Imperfect Limited makes no representations or warranties (express or implied) and we are unable to guarantee the accuracy of information on the Website. We do not accept any liability arising out of reliance on the materials on our Website. Any articles and materials displayed on our Website are provided for information only and are not a substitute for qualified veterinary advice. We recommend that you obtain specific advice in connection with any particular query which you may have concerning your pet.

 

We may terminate your access to our Website at any time if we decide at our sole discretion that you are in breach of these Terms.

 

We may change any aspect of www.overglam.com at any time without letting you know. You agree to be bound by such updates and you agree to visit this page from time to time to check such changes.

 

These Terms constitute an agreement between you (hereinafter, "you" or "your") on the one hand, and Imperfect Limited (registered office 383 DURNSFORD ROAD LONDON UNITED KINGDOM SW19 8EF, registered in England and Wales number 11312194).

Before you place an order, please carefully read these Terms and our Privacy Policy.

 

IfyouhaveanyquestionsabouttheTermsorthePrivacyPolicy,youmaycontact us via the contact information provided on our “Contact Us” webpage on theSite.

2. USE OF OUR WEBSITE

You agree that:

2.1   You may only use the Website to make legitimate inquiries or orders.

2.2   You will not make any speculative, false or fraudulent orders. If we are reasonably of the opinion that such an order has been made, we shall be entitled to cancel the order and inform the relevant authorities.

2.3   You also agree to provide correct and accurate email, postal and/or other contact details to us and acknowledge that we may use these details to contact you in the event that this should prove necessary (see our Privacy Policy for more information on how we use your personal information).

If you do not give us all of the information that we need, we may not be able to complete your order.

2.4   You will not attempt to interfere or interfere in any way with the Site's network or our networks, or related network security, or attempt to use the Site's service to gain unauthorized access to any other computer system.

2.5   You will not use the Site to communicate, transmit, or post material that infringes on the intellectual property, privacy or publicity right of another person or entity.

2.6   You will not use the Site to engage in conduct that would constitute a civil or criminal offense, or that otherwise violates any city, state, national or international law or regulation.

2.7   By placing an order through the Website, you represent and warrant that you are at least 18 years old and are legally capable of entering into binding contracts.

3. SERVICEAVAILABILITY

Products offered through the Website are only available for delivery to the UK and EU countries. At this time we are unable to deliver to hotels, APO addresses and freight companies.

 

4. HOW PURCHASE CONTRACTS ARE FORMED

Nocontract("Contract")inrespectofthepurchaseofaproductofferedontheSiteshall exist between you and us until your order has been accepted by us and we send you the Shipment Confirmation. If we do not accept your order and funds have already been deducted from your account, the funds will be fullyrefunded.

 

To place an order, you will be required to follow the shopping process online and press the "Authorize Payment" button to submit the order. After this, you will receive an email from us acknowledging that wehavereceivedyourorder(the"OrderConfirmation"). Yourorderconstitutesyouroffertoustobuy oneormoreproductsfromusforpersonaluseandnotforresalepurposes.Wereservetherighttolimit, cancel or prohibit orders that, in our judgment, appear to be placed in violation of this policy. We further reserve the right to cease doing business with customers who violate this policy. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that the product has been dispatched. We will not be bound to supply any other productswhich may have been part of your order until the dispatch of such products has been confirmed in a separate ShipmentConfirmation.Notwithstandingtheforegoing,yourcardorothermethodofpaymentwillnot be charged until your order is accepted and shipped. However, it may show a pre-authorization of the funds immediately upon placing theOrder.

 

For all purchases made through the Site, you acknowledge and agree that your purchase receipt will be provided electronically only; paper copies of receipts will not be provided.

5. AVAILABILITY OFPRODUCTS

All orders for products are subject to availability and in this regard, in the event of supply diffi- culties or because products are no longer in stock, we reserve the right to give you information about substitute products of an equal or higher quality and value which you can order. If you do not wish to order such substitute products, we will refund any monies that you might have paid.

 

6. REFUSAL OF ORDER

We reserve the right to withdraw any product from the Website at any time and/or removeoreditanymaterialsorcontentontheWebsite.Whilewewillmakereasonable efforts to process all orders, there may be exceptional circumstances that may require us to refuse to process an order after we have sent you an Order Confirmation; and we reserve the right to refuse to process an order at any time, at our solediscretion.

 

Wewillnotbeliabletoyouoranyotherthirdpartybyreasonofourwithdrawinganyproductfromthe Website, whether it has been sold or not, removing or editing any materials or contents on the Website or for refusing to process or accept an order after we have sent you the Order Confirmation.

 

7. CANCELLATIONS

You may cancel an Order for certain products if the Order is still being processed (and has not gone to the warehouse) to receive a refund to your original form of payment of the price paid. Otherwise, you must return the product(s) in accordance with our Returns policy. The following products in an Order may not be cancelled: Monogrammed and/or Personalized products.

 

8.DELIVERY

Subject to the provisions of Clause 5 above, and unless there are any exceptional circumstances, we will endeavor to fulfill your order for product(s) listed in the Shipment Confirmation by the delivery date set out in the Shipment Confirmation or, if no estimated delivery date is specified, within 15 business days of the date of the Shipment Confirmation.

 

Reasons for delay could include:

Customization of products;

Specialized products;

Unforeseen circumstances; or

Delivery area.

 

For signature required deliveries (which is generally determined by the carrier), we will after the initial delivery, make three (3) additional attempts to deliver your parcel before initiating a return. For the purpose of these Terms, the "delivery" shall be deemed to have occurred or the goods shall be deemed to "have been delivered" upon receipt of the product(s) at the designated delivery address at the designated delivery address, or upon in-store pickup, as applicable. We will try to find a safe secure place to leave your parcel as determined by the carrier delivering the package. In the event of a repeated issue with any particular address provided for you, we reserve the right to request an alternate address in order to fulfill your next Order.

 

UK - UK orders will be dispatched using Royal Mail and will be delivered within 48 hours of being dispatched. Orders can be tracked on www.royalmail.com.

WORLDWIDE – Most international deliveries will be dispatched with DHL

Deliveries within Europe can expect delivery within approximately 3-5 days.

We will send you a tracking code as soon as your order leaves the warehouse however please not that it sometimes take a few hours before the code becomes active.

 

We endeavour to dispatch orders as quickly and efficiently as possible. Unfortunately there are occasions whereby circumstances beyond our control will increase delivery times such as industrial action, bad weather, or busy holiday periods. Thank you for your understanding.

9. UNABLE TODELIVER

Please note that an Order may be delivered to a neighbor, in case a delivery attempt is unsuccessful. Delivery to a neighbor address is upon judgment of the driver. Signature required orders which cannot be delivered will be returned to warehouse as stated above. The carrier will generally determine if the parcel can be left in a secure place at your delivery address. Your package may be returned to us if there is no safe place to leave the package at the point of delivery. For lost or missing packages, it’s the carrier’s responsibility. We will help you contact with the carrier and track the packages. We also provide you with the information of the carrier and tracking number associated with your order so that you may contact them to track your package directly if you want. If we make sure the packages are lost, you can choose either refunding or delivering again (no fee).

 

10.  RISK AND TITLE

Theproduct(s)willbeatyourriskfromthetimeofdelivery.Ownershipoftheproduct(s)willonlypass to you when we receive full payment of all sums due in respect of the products, including delivery charges, or upon delivery, whichever event occurs later intime.

 

11.  PRICE AND PAYMENT

The price of the products shall be the one quoted from time to time on our Website, except where there is an error. While we take care to ensure that all prices quoted on our Website are accurate, errors may occur. If we discover an error in the price of any product(s) you haveordered,wewillinformyouassoonaspossibleandgiveyoutheoptionofreconfirmingtheorder atthecorrectpriceorcancellingit.Ifweareunabletocontactyou,theorderwillbetreatedascancelled and if you have already paid for the product(s) you will receive a fullrefund.

 

We are under no obligation to sell the product(s) to you at the incorrect (lower) price (even after we havesentyouaShipmentConfirmation)ifthepricingerrorisobviousandunmistakableandcouldhave reasonably been recognized by you as such. All prices are exclusive of shipping charges and sales tax (ifapplicable).Thetotalcostoftheorderisthepriceoftheproduct(s)orderedplusthedeliverycharge and sales tax (if applicable). Prices may change at anytime.

 

Sales tax is charged (if applicable) according to the shipping address of your order as required by applicable law.

 

Once you have finished shopping on the Website, all the products you wish to purchase are added to your basket. Your next step will be to go through the checkout process and make payment.

 

Payment for orders will be made to Imperfect Limitation. The amount of the purchase will not be charged toyouroriginalpayment methoduntilyourorderhasbeenshippedtothedeliveryaddress.If we do not receive the required authorization, we will not be liable for any delay ornon-delivery.

 

If payment is made via PayPal, the amount will be charged upon confirmation of your order.

 

Payment may be made by Visa, MasterCard, American Express card and any other card accepted at the store. Any legally permissible validation of checks and authorization of your card will apply. You may also be given the option to pay for your order at the till in which case, your payment can be made by and any of the means of payment available in that store.

 

12. RETURNS AND EXCHANGE POLICY

Subjecttotheconditionssetforthbelow,wewillgladlyacceptreturnsorexchangesofnew,unworn, unwashed, and unaltered merchandise with all internal garment tags intact with your original receipt within 14 days of the date of receiving the packages.Refunds aremadeintheformoforiginalpayment.Iftheoriginalformofpaymentisnotavailable,pleasecontact Customer Service.

 

Returning the item is the responsibility of the customer. You need to cover the returning shipping fee by yourselves. If there’s free-shipping promotion when purchasing, you need to cover the shipping fee of both sending and returning. The sending shipping fee will be deducted in the refund.

 

Pleaseallow1-2billingcyclesfortherefundtoappearonyourbankstatement(duetodifferentbanking institution policies). Price adjustments will not be honored for any marked-down merchandise. Undergarments & swimwear are returnable or exchangeable, as long as they remain in the original packaging and the hygiene sticker remains attached.Accessoriesandperfumesmustbeintheiroriginalconditionandoriginalpackaging.Subject to applicable law, on sale merchandise is sold“as-is”.

 

We reserves the right to refuse returns of any merchandise that does not meet the above return requirements in our sole discretion.

 

Please include with the product being returned all original boxes, instructions, documents, and wrappings. After reviewing the product, we will let you know whether or not you have a right to a refund based on our Return and Exchange policy conditions. We will process your refund as soon as possible and in any case. We will refund any money received from you using the same method used to make payment if the card is available. If not, subject to any legal requirements, we will issue you merchandise credit as dictated by the circumstances as concluded by the company. Merchandise credits do not expire.

 

-Pre Order Items

 

Pre-Ordered (also sometimes referred to “Pre-Sale” items) may be subject to longer delivery times, which will be shown on the website.

 

        You will not be charged during the pre-order time. We will inform you when the items are prepared to be delivered and you can cancel the pre-order items freely if you want. Once you confirm the order, we will deliver it to you immediately.

 

13.    LIABILITY AND DISCLAIMERS

We publish information on the Site as a convenience to you. While we attempt to provideaccurateandtimelyinformation,theremaybeinadvertenttechnicalorfactualinaccuraciesand typographical errors. We reserve the right to make corrections and changes to the Site at any time without notice. The products described in the Site may not be available in your region. We do not claim that the information in the Site is appropriate to your jurisdiction or that the products described in the Site will be available for purchase in alljurisdictions.

 

YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE SITE OR MOBILE APP, WHICH IS PROVIDED "AS IS." WE DISCLAIM ALL WARRANTIES, REPRESENTATIONSANDENDORSEMENTSOFANYKIND,EITHEREXPRESSORIMPLIED, WITHREGARDTOINFORMATIONACCESSEDFROMORVIATHESITEORMOBILEAPP,

INCLUDING WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, FUNCTIONS AND SERVICES PROVIDED ON THE SITE OR MOBILE APP, WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR MOBILE APP, OR THEIR FUNCTIONS OR CONTENT AND MATERIALS OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE OR MOBILE APP WILL MEET USERS' EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGHTHESITEORMOBILEAPPSHALLCREATEANYWARRANTYNOTEXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE OR MOBILE APP, YOURSOLE REMEDY IS TO DISCONTINUE USING THE SITE OR MOBILE APP. ANY MATERIAL DOWNLOADEDOROTHERWISEOBTAINEDTHROUGHTHEUSEOFTHESITEORMOBILE APP IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLEFORANYDAMAGETHATRESULTSFROMTHEDOWNLOADOFANYSUCH MATERIAL.

 

We make no warranties of any kind regarding any non-OVERGLAM sites or mobile apps to which you may be directed or hyperlinked from the Site or Mobile App. Hyperlinks are included solely for your convenience, and we make no representations or warranties with regard to the accuracy, availability, suitabilityorsafetyofinformationprovidedinsuchnon-OVERGLAMsitesormobileapps.Wedonotendorse, warrantorguaranteeanyproductsorservicesofferedorprovidedbyoronbehalfofthirdpartiesonthe Site or MobileApp.

 

INNOEVENTSHALLIMPERFECT,ITSAFFILIATESORANYOFTHEIRRESPECTIVEDIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLETO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACTORTORT,INCLUDING,BUT NOT LIMITEDTO,NEGLIGENCEOROTHERWISE) (COLLECTIVELY, “DAMAGES”) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE OR MOBILE APP, OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITE OR MOBILE APP, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF IMPERFECT OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCHDAMAGES.

 

SOME JURISDICTIONS DO NOT ALLOW THIS LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSIONS OF LIABILITY FOR CERTAIN TYPES OF DAMAGES; AS A RESULT, THE LIMITATIONS OR EXCLUSIONS OF LIABILITY CONTAINED HEREIN MAY NOT APPLY TO YOU IN WHOLE OR IN PART AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF IMPERFECT’S NEGLIGENT, FRAUDULENT, OR RECKLESS ACT(S) OR INTENTIONALMISCONDUCT.

 

YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCURES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED.

 

You will indemnify and hold harmless IMPERFECT, its parent, subsidiaries, affiliates, officers and directors from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees), incurred by IMPERFECT and such parties, and shall defend IMPERFECT and such parties against any and all claims arising out of (1) your use of the website or breach of these Terms and Conditions; (2) fraud you commit, or your intentional misconduct or gross negligence; and (3) your violation of any applicable U.K. or foreign law or the rights of a third party. IMPERFECTwillcontrolthedefenseofanyclaimtowhichindemnitymayapply,andinanyevent,youshall not settle any claim without the approval ofIMPERFECT.

 

DuetotheopennatureoftheWebsiteand/orMobileApp,andthepotentialforerrorsinthestorageand transmission of digital information, we do not warrant the accuracy and security of information transmitted to or obtained from the Website or Mobile App unless otherwise expressly set out on the Website or MobileApp.

 

14.     INTELLECTUAL PROPERTY

The Site and Mobile App, including all of its information and contents, such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, graphics, software and the HTML used to generate the pages (collectively, "Materials"), is IMPERFECT property or that of our suppliersorlicensorsandisprotectedbypatent,trademarkand/orcopyrightunderUnitedKingdomand/or foreign laws. Except as otherwise provided on the Site, the Mobile App, or in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials from the Site or Mobile App in whole or in part, for any public or commercial purpose without the specific prior written permission of IMPERFECT. We grant you a personal, limited, non-exclusive, nontransferable license to access the Site and/or Mobile App andtousetheinformationandservicescontainedontheSiteand/orMobileApp.Wereservetheright, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products andservicesdescribedontheSiteorMobileAppandtoterminate,change,suspendordiscontinueany aspectoftheSiteorMobileApp,including,butnotlimitedto,theMaterialsontheSite orMobileApp as well as features and/or hours of availability of the Site or Mobile App, and we will not be liable to youortoanythirdpartyfordoingso. SubjecttoClause27,wemayalsoimposerulesforandlimitson use of the Site or Mobile App or restrict your access to part, or all, of the Site or Mobile App without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.

 

As between you and OVERGLAM, (or any other company whose marks appear on the Site or Mobile App), OVERGLAM(ortherespectivecompany)istheownerand/orauthorizeduserofanyregisteredorunregistered trademark, trade name and/or service mark appearing on the Site or Mobile App, and is the copyright owner or licensee of the Materials on the Site or Mobile App, unless otherwise indicated. The OVERGLAM logos, designs, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, "IMPERFECT Intellectual Property") are owned by IMPERFECT and may be registered in the United Kingdom and internationally. You agree not to displayorusetheIMPERFECTIntellectualPropertyinanymannerwithoutIMPERFECT'spriorpermission.Nothing ontheSiteorMobileAppshouldbeconstruedtograntanylicenseorrighttouseanyIMPERFECTIntellectual Property without the prior written consent ofIMPERFECT.

 

Except as otherwise provided herein, use of the Site or Mobile App does not grant you a license to any Materials or features you may access on the Site or Mobile App and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Materials, features or materials, in whole or in part. Any commercial use of the Site or Mobile App is strictly prohibited, except as allowed herein or otherwiseapprovedbyus.YoumaynotdownloadorsaveacopyofanyoftheMaterialsorscreensfor any purpose except as otherwise provided by IMPERFECT. If you make use of the Site or Mobile App, other than as provided herein, in doing so you may violate copyright and other laws of the United Kingdom, Ireland, and/or other countries, as well as applicable state laws, and you may be subject to liability for suchunauthorizeduse.TheinformationontheSiteorMobileAppincluding,withoutlimitation,allsite design, text, graphics, interfaces, and the selection and arrangements is protected by law including,but not limited to, copyright law. This does not prevent you from using the Website or Mobile App to the extent necessary to make a copy of anyorder.

 

IMPERFECT makes no claim that the Site or Mobile App may be lawfully viewed or that content may be downloaded outside of the United Kingdom. Access to the content may not be legal by certain persons or in certain countries. If you access the Site or Mobile App from outside the United Kingdom, you do so at your own risk and you are responsible for compliance with the laws of the jurisdiction.

 

15.       COPYRIGHT AND/OR TRADEMARK INFRINGEMENT

If you believe a work on the Site or Mobile App constitutes infringement of your copyright, trademark orotherintellectualpropertyrightspleaseprovideourDesignatedAgentwithawritten communication containing the followinginformation:

 

1. evidence of your authorization to act on behalf of the owner of the copyrighted work or trademark;

2.a description of the copyrighted work or trademark that you claim has beeninfringed;

3.description of where the alleged infringing material is located on the Site or Mobile App, including the permalink where the material islocated;

4.your address, telephone number, and emailaddress;

5.a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner or trademark owner, its agent, or thelaw;

6.astatementbyyou,madeunderpenaltyofperjury,thattheaboveinformationinyournoticeis accurate and that you are the copyright owner or trademark owner or authorized to act on the owner's behalf;and

7.your physical or electronicsignature.

16. INDEMNITY

You agree to indemnify and hold IMPERFECT, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys' fees, in any way arising from, related to or in connection with your (including your dependents’ or agents’) violation of these Terms or the posting or transmission of any materials on or through the Site or Mobile App by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.

17.     WRITTEN COMMUNICATIONS

When using our Site or Mobile App, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our Website or Mobile App, push notifications or messages. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.

19.  REGISTRATION, PASSWORDS, AND SECURITY

To access some of our services you will have to complete an online registration form. You agree that all information which you submit ("Registration Information") is true and complete and that you will update your Registration Information to keep this information true and complete.

Upon registering, you will create a password. You are solely responsible for any use of or action taken underyourpasswordontheSiteorMobileApp.Yourpasswordmaybeusedonlytoreviewinformation regarding potential and completed transactions, purchase or cancel purchases of products, change your preferences, post content and otherwise access and use the Site, the Mobile App, and services on the Site or Mobile App in accordance with these Terms. You are solely responsible for maintaining the confidentiality and security of your password, and you hereby agree not to disclose your password to any third party (other than third parties authorized by you to use your account). You accept full responsibility for all transactions and other activities placed or conducted through your account and agree to and hereby release IMPERFECT from any and all liability concerning such transactions or activity. You agree to notify IMPERFECT immediately of any actual or suspected loss, theft or unauthorized use of youraccountorpassword.IMPERFECThasnoobligationtoinquireastotheauthorityorproprietyofanyuse oforactiontakenunderyourpasswordandwillnotberesponsibleforanylossto youarisingfromany such use or action or from your failure to comply with the above. IMPERFECT will take reasonable security precautions when using the Internet, telephone or other means to transport data or other communications, but expressly disclaims any and all liability for the accessing of any such data or communications by unauthorized persons orentities.

20.  POSTED CONTENT AND SUBMISSIONS

AspartofyouruseoftheSiteorMobileAppandservicesofferedontheSite orMobileApp,youmay upload, post, distribute or disseminate (collectively, "post") content and material (including but not limited to, photographs, images you have taken, captions and comments), or you may send or email us material (including but not limited to, photographs you have taken, articles you have written, captions, and comments) which we, at our discretion, may allow you to post (collectively, the "Posted Content") ontheSiteorMobileApp.YouherebygrantIMPERFECTaright(includinganymoralrights)andworldwide license to use the Posted Content on the Site or Mobile App and to promote and advertise the Site or Mobile App and OVERGLAM in anyway.

 

You also warrant that if you are not the holder of any such rights, the holder of such rights has completely and effectively waived all such rights and validly and irrevocably granted you the right to grantthelicensestatedabove.Youacknowledgeandagreethatyouaresolelyresponsiblefortheform, content and accuracy of any Posted Content. You agree that you will not post any false, inaccurate material or delete or revise any material that was not posted by you. You are responsible for your own postings and are responsible for the consequences of your postings. You agree not to do any of the following:

 

2. post any material that is copyrighted or trademarked unless you own the copyright or trademark or have the owner's permission (including requisite consents and releases) to postit; post any material that reveals a trade secret, unless you own the trade secret or have the owner's permission to postit;

3.post any material that infringes on any intellectual property right of another or on the privacy or publicity rights ofanother;

4.post any material that is unlawful, obscene, pornographic, sexual, indecent, defamatory, threatening, harassing, abusive or hateful to another user or to any other person orentity;

5.post any chain letter or pyramid scheme;or

6.post any material that contains a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interferewith,surreptitiouslyinterceptorexpropriateanysystem,dataorinformation.

 

IMPERFECTdoesnotrepresentorguaranteethetruthfulness,accuracyorreliabilityofanyPostedContentor endorse any opinions expressed by a user. You acknowledge that any reliance on Posted Content by other users will be at your own risk. IMPERFECT does not confirm that each user is who he or she claims to be. IMPERFECT exercises a great effort to protect Posted Content from being misused. However, if misuse hasoccurredIMPERFECTisinnowayliableforsuchmisuse.BecauseIMPERFECTisnotinvolvedinuser-to-user dealings and does not control the behavior of participants on the Site or Mobile App, in the event that you have a dispute with one or more users, you release IMPERFECT from any claims, demands and damages (actualandconsequential,directandindirect)ofeverykindandnature,knownandunknown,suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute. IMPERFECT acts as a passive conduit for Posted Content and has no obligation to screen or monitor Posted Content.IfIMPERFECTbecomesawareofanyPostedContentthatallegedlymaynotconformtotheseTerms, IMPERFECT may investigate the allegation and determine in its sole discretion whether to take action in accordance with these Terms. IMPERFECT has no liability or responsibility to users for performance or nonperformance of such activities. You may find some Posted Content to be offensive, indecent, harmful, inaccurate, objectionable, mislabeled or deceptively labeled. IMPERFECT expects that you will use caution and common sense when using the Site andServices.

 

IMPERFECTHASTHEABSOLUTERIGHTTOREMOVEAND/ORDELETEWITHOUTNOTICEANY POSTED CONTENT THAT IT DEEMS OBJECTIONABLE. YOU CONSENT TO SUCH REMOVAL AND/OR DELETION AND WAIVE ANY CLAIM AGAINST IMPERFECT FOR SUCH REMOVAL AND/ORDELETION.

IMPERFECT IS NOT RESPONSIBLE OR LIABLE FOR FAILURE TO STORE POSTED CONTENT OR OTHERMATERIALSYOUTRANSMITTHROUGHTHESITEORMOBILEAPP.YOUSHOULD TAKE MEASURES TO PRESERVE COPIES OF ANY DATA, MATERIAL, CONTENT OR INFORMATION YOU POST ON THE SITE OR MOBILEAPP.

 

We are pleased to hear from our visitors and welcome your comments. Because of the large number of ideas and works that IMPERFECT has already developed, or that have been suggested to us by third parties, the possibility exists that any idea, suggestion or submission that you may make through the Site or Mobile App is similar to information, ideas or suggestions already known to us. By disclosing any information, idea, suggestion or other material through the Site or Mobile App, you agree that (a) no confidential relationship is established by virtue of such submission and that the material is not submitted in confidence and (b) no obligation of any kind is assumed by, nor may be implied against, IMPERFECTbyvirtueofsuchsubmission.Moreover,noliabilityshallresultfromtheuseofsuchinformation, ideas or suggestions byIMPERFECT.

 

NOTICES

 

All notices given by you to us should be given to us preferably via the avenues of contact provided on our "Contact Us” webpage. Subject to and as otherwise specified in Clause 18 above, we may give notice to you via either the email, message, push notification (if consent has been provided) or postal address you provide to us when placing an order.

 

Notice will be deemed received and properly served immediately when posted on our Website or MobileApp,24hoursafteranemailissent,orthreedaysafterthedateofpostingofanylettermailed. Inprovingtheserviceofanynotice,itwillbesufficienttoprove,inthecaseofaletter,thatsuchletter wasproperlyaddressed,stampedandplacedinthepostand,inthecaseofanemailthatsuchemailwas sent to the specified email address of theaddressee.

21.      EVENTS OUTSIDE OURCONTROL

We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under an order you have placed that is caused by events outside our control (a "Force Majeure Event"). A Force Majeure Event shall include any act, event, non- happening, omission or accident beyond our reasonable control and shall include in particular (without limitation) the following:

 

1. Strikes, lock-outs or other industrialaction.

2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation forwar.

3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other naturaldisaster.

4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or privatetransport.

5. Impossibility of the use of public or private telecommunicationsnetworks.

6.The acts, decrees, legislation, regulations or restrictions of anygovernment.

7.Any shipping, postal or other relevant transport strike, failure oraccidents.

 

Our performance under any order you have placed is deemed to be suspended for the period that the ForceMajeureEventcontinues,andwewillhaveanextensionoftimeforperformancefortheduration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations may be performed despite the Force MajeureEvent.

22. WAIVER

No failure of IMPERFECT to enforce any of its rights or remedies under these Terms or the Gift Card Terms will act as a waiver of such rights and remedies. 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 or Gift Card Terms shall be effectiveunlessitisexpresslystatedtobeawaiverandiscommunicatedtoyouinwritinginaccordance

 

with the provisions of the clause on Notices (Clause 21) above.

25. SEVERABILITY

If any of these Terms or any provisions of an order are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

26. OUR RIGHT TO MODIFY THESE TERMS

We have the right to revise and amend these Terms at any time. Your use of the Site or Mobile App after we post changes to these Terms constitutes your agreement to those changes prospectively from the date of such changes. You will be subject to the Terms and IMPERFECT policies in force at the time that you order products from us.

30.QUESTIONS AND FEEDBACK

We welcome your questions, comments and feedback. Please send all questions, comments and feedback to us via the contact information provided on our "Contact Us” webpage.

Imperfect Limited

383 Durnsford Road,

London,

United Kingdom

SW19 8EF

 

Last updated N 2018