Introduction

Voodoo Cosmetics developed comprehensive “Terms of Use” for using the Website, guiding all users/clients on how to use the Website and how we sell and supply our products listed on this Website (the “Website”) to you. Before placing your orders, please thoroughly review these terms of use (the “Conditions”) to avoid misunderstanding. Once you have ordered on this Website, you agree to all Conditions of using our Website and will be legally bound by them.

About Us

Voodoo Cosmetics (“we”/”us”/”our”) owns and operates this Website, which is a limited company (trading as Voodoo Cosmetics Ltd), registered in London, United Kingdom, under company number: having our registered office at 128 City Road, London EV1V 2NX.

Communications

You allow us to communicate with you through email and other electronic means of communication. You also acknowledge that all communications, including contracts, notices, and information you received through us electronically abide by any regulatory mandates that such communications be in writing.

Domestic and Overseas Orders

We only serve our customers residing in the UK, including England, Wales, Scotland and Northern Ireland. However, if we accept an order placed outside the UK and deliver our products, the client shall be responsible for bearing the import duties and/or additional taxes or expenses in addition to our price, including VAT and the delivery cost, so foreign regulatory requirements or laws can be complied.

Please get further information before placing your order by contacting your local customs or taxation offices.

Registration

You can register on our Website by creating a profile using a unique username and strong password. You’re responsible for submitting accurate, up-to-date information while registering on the Website. We recommend you not to impersonate anyone else. Whenever we request, you shall be responsible for providing sufficient information to help us verify your identity. Immediate suspension or termination of your access may be the result if you fail to make payments or comply with these conditions.

Eligibility to Purchase from the Website

You must be 18 years old or over to be eligible to purchase with our Website. This age shall enable you to lawfully enter into a binding contract. Otherwise, you may only make purchases with our Website under your parent’s or guardian’s supervision.

Price

The products’ prices are clearly quoted on the Website. Except where otherwise noted, the delivery cost is only quoted for delivery within the UK. Unless otherwise specified, the quoted prices include VAT but do not include delivery charges, which we’ll add to the total sum you owe.  

We have the right to revise and increase the products’ prices, which is usually caused by outside factors or events out of our control.

Payment

We accept any major credit or debit card and electronic payment systems. Once you have placed an order, you allow us to charge the payment using your debit/credit card or electronic payment account information you mentioned in the order form. We’ll debit and clear the amount from your account before delivery. When paying for your order using a card, we ensure that certain checks are carried out, which include getting permission from your card issuer to confirm your account has sufficient funds, making the order process smooth.

You are responsible for providing up-to-date and correct details to proceed with your orders. You also agree that you will not use any and all products ordered by you commercially for resale and that these products will be for your private or domestic use only.

Order Process and Formation of a Contract

We only deliver those products that are available in our warehouse, suggesting that all orders are subject to acceptance and availability. If we cannot deliver any product due to unavailability, we will notify you by email, and you will have the right to either wait for the order or revoke it.

Any order you place constitutes an offer to purchase the products from us. We reserve the right to decline any order placed by you at any time before acceptance without giving a reason. All such offers that we receive from you are subject to our approval. You are in charge of ensuring that the information you provide us is accurate, and we won't accept an order from you until all the information we requested has been correctly entered.

A contract (the “Contract”) between you and us, which incorporates these Conditions, won’t be constituted until we confirm that our automatic system has deducted the due amount from your card and that the products have been delivered to you. We will email you a “Confirmation Notice” and let you know we have completed the order process. That notice will be our formal acceptance of your offer to purchase the products from us. Remember that that notice will not make the Contract until we send it to you, regardless of whether you receive it or not.

If we accept your order and deliver products to you permanently or on an ongoing (continuous) basis, such as by subscription, they shall be provided for a minimum fixed timeframe (the “Minimum Duration”), with a specific length, depending on the product you ordered. The Contract will cover only the products listed in the Confirmation Notice. We are only required to supply them once we have sent you a separate Confirmation Notice relating to any additional Products that may have been a part of your order.

Print out a copy of the Confirmation Notice and ensure all the information is accurate before signing it. Unless you order products from us, you will be bound by the terms of our policies and Conditions in effect at that time.

Governmental or legal requirements are followed to modify those policies or these Conditions.

We are authorised to assume that you have accepted any changes to our policies or these Conditions unless you notify us in writing to the contrary within seven working days of receiving the Confirmation Notice if we have not informed you of the change.

Delivery

The Products will be delivered to you at the address you provided during the order process, which may not be the billing address. Please be aware, however, that additional documentation may be required in such cases. We work with experienced carriers. However, upon arrival, you must inspect the Products. You must check the Products before signing for them if your signature is required upon delivery.  

Any delivery dates mentioned for the products are only an estimate. Unless there are exceptional circumstances, it will happen within 30 days or a reasonable amount of time following the date of the Confirmation Notice if no date is specified.

Any delivery delays, regardless of how they occurred, are not our responsibility. You might receive the Products in shipments. Please check our website for the final delivery date for Christmas deliveries. We will make every effort to ship all items that are in stock within a day. However, we are unable to promise delivery by December 24.

Risk and Title

As soon as the Products are delivered, they will be your responsibility to receive. Only after receiving all payments due concerning the Products, including VAT and delivery charges, will the Products' ownership be passed to you.

Cancelling Your Contract and Returns

We accept both methods, including email and letter, notifying us about your order cancellation, and in the following conditions:

Cancelling Before Receiving a Confirmation Notice

With a written notification sent to us via email, you may revoke your order at any time before receiving a Confirmation Notice. Your cancellation notice must include your name, address, the product’s name with a brief description, and the order reference number.

Cancelling After Receiving a Confirmation Notice

You have the right to end the Contract whenever needed before receiving your order with a written notice sent to us or after receiving the order by sending a written notification within 14 business days from the day after receiving your order.  

We will get in touch with you once we receive your cancellation request to let you know where you need to deliver the products for return with all necessary instructions. All the expenses for returning the Products will be your responsibility. We reserve the right to purchase the Products from you at our discretion. We reserve the right to deduct the delivery cost from your payment in case of return.

Until we pick them up or you deliver them back to us, you must return the Products to us in the same condition that you received them. When you return the goods, the original invoice and product packaging must be included. During your possession of the Products, you will have a duty to treat them with reasonable care. We may have a right of action against you for damages if you breach this obligation.

Exception to the Right to Cancel

If any of the following situations emerge, you won’t be able to send us an order cancellation request:

• If you explicitly consent to us starting to deliver any products before the cancellation period has ended.

• The products covered by the Contract may depreciate, are bespoke, or have been personalized.

• The Contract relates to goods and/or services, the price of which depends on uncontainable fluctuations in the financial market.

 

Damaged, Faulty or Wrongly Delivered Products

Our full refund policy entitles you to a reimbursement of the entire purchase price, including order delivery charges and the product’s return costs. Additionally, we must have reasonable assurance that:

• The products returned are up-to-date, and no damage has occurred since they were delivered.
• The products have not been used in a manner that deviates from our instructions; and.
• The issue is not due to regular wear and tear.

The Products you want to return to us and get a refund must also meet the criteria stated below:

• Have been damaged upon delivery;
• Have been delivered in a defective condition; and
• A flaw developed within 30 days of delivery.

In all these conditions, you are responsible for not using the Products and must return them to us in their original condition/packaging/labelling.

Complaints

Please contact us by email or letter sent to our address if you have any questions, concerns, or complaints regarding any Products you have purchased from us.

Intellectual Property

Copyrights, trademarks, patents, databases, and other intellectual property rights protect the information on the Website against any form of infringement.  

The content in any form on the Website is available for your use but only for private, non-commercial purposes. You are free to download or copy these materials. It is completely forbidden to copy or store Website content for purposes other than personal use.

For your own personal, non-commercial use, you are allowed to download and view the Website's content on a computer screen, save it electronically to a disk (but not to a server or other networked storage device), or print one copy of it. However, you must maintain all copyright and proprietary notices. You are not allowed to copy, distribute, or use the materials or content on the Website for any commercial purpose.

You agree not to copy, reproduce, transmit, publish, display, distribute, commercially exploit, or create derivative works from the material and content of this Website (and you also agree not to aid or facilitate any third party in doing so). You acknowledge that any other use of the material and content of this Website is expressly prohibited.

These Terms do not grant you any permission to use any of our trademarks or the trademarks of our affiliated companies.

Content on the Website and products we sell may be protected by copyright, trademark, or other intellectual property rights belonging to third parties. We respect those rights.

Website Use

Our terms of use will guide you how to use the Website and the material contained in it. Only activities expressly permitted by us in accordance with our terms of use are allowed for using our website.

Liability and Indemnity

Regardless of any other clause in the Conditions, nothing shall affect or limit your statutory rights or hold us liable for death or personal injury resulting from our negligence, fraud, or fraudulent misrepresentation; action under section 2(3) of the Consumer Protection Act 1987; or any matter for which it would be illegal for us to exclude or attempt to exclude our liability.

We make no representations or endorsements regarding the Website provided to you "as is" and "as available" without any warranties or guarantees. We won't be liable if the Website is unavailable at any time or does not run smoothly.

We do not represent or warrant that the Website will be timely, error-free, or that any errors will be fixed in a specific timeframe, nor do we represent or warrant that the Website or the server that makes it available are free of viruses or other harmful code.

We accept no liability for any loss or damage resulting from action taken in reliance on the material or content of the Website, and any loss of content or material uploaded or transmitted through the Website will not be our liability or responsibility.

The security and privacy of the Website and any information you provide are not something we can guarantee and are not our responsibility.

You agree to indemnify and defend us and all associated with our business harmless from and against any claims and liabilities.

Reviews

You agree that we may publish any comments, feedback, or ratings you leave on the Website and that they may be shown there as long as we deem appropriate. You agree that the content may be syndicated to our other websites, publications, or marketing materials.

You promise that any evaluation, comment, or rating you submit will:

• Comply with all applicable laws in the UK and any country where they are posted.
• Be truthful in your facts.
• Be true to the author's beliefs (if applicable).
• Not contain any content that is likely to harass, annoy, upset, alarm, embarrass, or violate the privacy of any person, including defamatory, threatening, obscene, abusive, offensive, hateful, or inflammatory material.
• Not support or advocate for any unlawful behaviour, bias, pornographic content, or acts of violence.
• Not violate any third party's trademark, copyright, or other intellectual property rights or be otherwise unlawful.
• Not be used to misrepresent your identity or affiliation with anyone or to impersonate someone else.
• Contains no links to external websites.

You consent to defend, indemnify, and hold us harmless from any legal claim or liability asserted by third parties resulting from or related to any review, comment, or rating you have posted on the Website, including without limitation claims of invasion of privacy, libel, or infringement of intellectual property rights.

You grant a worldwide, non-exclusive, royalty-free license for us and our affiliated companies to use and edit any reviews you submit.

We will not notify if we publish, edit, or remove any reviews because we reserve the right.

Force Majeure

Any delays or failures in fulfilling our obligations (product delivery) to you brought on by events or actions beyond our control (referred to as "Force Majeure"), including but not limited to:

• Lockouts, strikes, or other forms of labour unrest.
• Shortages of labour, fuel, electricity, and raw materials.
• Supplier performance that is late, poor, or non-existent.
• Failures in computer networks, private or public telecommunication, or equipment failure.
• Civil unrest, riots, invasions, terrorist attacks, or threats of terrorist attacks, war (whether declared or not), and preparations for war.
• A natural disaster or exceptionally bad weather condition, such as a storm, flood, or earthquake.
• Use of motor vehicles, railroads, ships, planes, or other forms of public or private transportation is impossible.
• Any government's laws, decrees, regulations, or restrictions.
• Additional factors outside of our reasonable control.

You will not have the right to hold us liable if any of these situations obstruct us from ensuring timely product delivery.

If Force Majeure persists for a more extended period and hinders our services, our performance will be deemed to be suspended for that time period, and we will take more time to fulfil our performance. We’ll put our effort to minimise any delay that emerges due to a force majeure event by finding a way to ensure that we resume our services. In case of any Force Majeure event, we will promptly inform you with complete details and (if possible) the expected time of service suspension and product delivery.

Both, you or we, may have the right to terminate the Contract by sending written notice to the other, with immediate effect, if the period of delay or failure of product delivery due to a Force Majeure event lasts longer than 30 days from the date of notice of the event to you.

Privacy Policy

We always ensure that we protect your private information and every conversation you make with us. So, we reserve the right to monitor and improve our customer service by recording telephone calls.

We have a comprehensive Privacy Policy that guides us in processing our information. We recommend you review our Privacy Policy to get further information about how we collect, use, store, and protect your private information. 

We strictly follow the Data Protection Act 1998 (as amended), and we will be responsible for treating and processing all information provided by you securely and in accordance with this Act.

Third Party Rights

Except for our people associated with our business, any individual who is not a party to the Contract does not have the right to pursue or enforce any term of the Contract in accordance with the Contracts (Rights of Third Parties) Act 1999. However, this does not affect any right a third party possesses apart from that Act.

External Links

We ensure that we provide increased value and convenience to our all our website users by providing links to other platforms or resources, which they can access at their sole discretion and risk. You accept that, as you have chosen to enter the other/third-party platforms or resources, we will not be responsible for the availability of such platforms or resources and their links to our website, and do not review or endorse and are not responsible or liable in any way, whether directly or indirectly, for:

• The privacy policies and practices of third-party websites or platforms;
• The content available on such third-party websites or platforms, including (without limitation) any marketing promotion, advertising, content, services, products, or other materials available from such third-party websites or platforms;
• Any damage, loss, or wrongdoing to you that results from using and purchasing third-party websites, platforms, or resources, including their advertising materials, content, products, or services.

General

We reserve the right to change the Website’s domain address and our products, services, and their availability, prices, and specifications whenever we need them. Changes in our products’ prices and descriptions will supersede all previous publications, and all product descriptions are approximate.

Although we put effort into keeping information associated with the stock availability on our Website up to date, we do not give you any warranty or guarantee that products’ stock will always be available.

These terms of use and even one of the provisions may be held by any competent authority to be unenforceable in whole or in part. However, it will not affect the validity of the entire Contract (other provisions) and the remainder of the provision in question.

Only the English language is used for all Contracts. During the term of a Contract, we are obliged to, if we fail at any time to execute our performance of any of your obligations under the provisions of these terms of use, or if we fail to exercise any of the rights or remedies, we are entitled under the Contract, such rights or remedies will not be waved. They shall not relieve you from complying with your obligations.

Governing Law and Jurisdiction

The United Kingdom is where our Website is controlled and operated by us.

The laws of England and Wales will govern these terms of use, and you permanently accept to submit to the exclusive jurisdiction of the England and Wales courts.