Terms and Conditions

Thank you for accessing [www.nyxcosmetics.co.uk] (our Site). Please read these terms and conditions (Terms) before using our Site which is operated by L'Oréal (UK) Limited, a company registered in England and Wales under company number 00271555, whose registered office and main trading office is at 255 Hammersmith Road, London W6 8AZ (L'Oréal). Our VAT number is 438506540.

These Terms (together with any documents referred to in them) tells you the terms of use on which you make use of our Site, whether as a guest or a registered user. Use of our Site includes accessing, browsing, or registering to our Site. Please read these Terms carefully before you start to use our Site.

By using our Site, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use our Site.


OTHER APPLICABLE TERMS

These Terms refer to the following additional policies, which also apply to the use of our Site:

  • Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our Site, you consent to such processing and you warrant that all data provided by you is accurate.
  • Our Review Terms and Conditions which set out the terms and conditions in accordance which you can leave product reviews on our Site.
  • Our Cookie Policy, which sets out information about the cookies on our Site.

If you purchase goods from our Site, our Terms and Conditions of Sale will apply to any purchases you make.

From time to time we may run competitions and promotions via our Site. Separate terms and conditions will be posted where applicable governing such competitions and promotions.


CHANGES TO THESE TERMS

From time to time we may modify these Terms. Please check this page regularly to take notice of any changes we make, as they are binding on you. Your use of our Site following any such change constitutes your agreement to follow and be bound by these Terms as amended. If at any time you do not wish to accept these Terms, you may not use our Site.


CHANGES TO OUR SITE

We may update our Site from time to time, and may change the content at any time. However, please note that any of the content on our Site may be out of date at any given time, and we are under no obligation to update it.

We do not guarantee that our Site, or any content on it, will be free from errors or omissions and you accept that such changes may result in your being unable to access our Site.


ACCESSING OUR SITE

Our Site is made available free of charge.

We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. Access to our Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Site without notice. We will not be liable to you if for any reason our Site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our Site. We do not warrant that our Site is compatible with your computer equipment or that our Site or its server is free of errors or viruses, worms or "Trojan horses" and we are not liable for any damage you may suffer as a result of such destructive features.

You are responsible for making all arrangements necessary for you to have access to our Site. We do not warrant that our Site is compatible with your computer equipment or that our Site or its server is free of errors or viruses, worms or "Trojan horses" and we are not liable for any damage you may suffer as a result of such destructive features.


NO WARRANTY

Except for our e-commerce site (which is governed by separate terms and conditions of use as detailed in our Terms and Conditions of Sale) our Site is provided "as is" and excludes any warranties of any kind, either express or implied, to the fullest extent permissible pursuant to applicable law including (but not limited to) the exclusion of warranties of title, merchantability, satisfactory quality, fitness for a particular purpose and non-infringement of proprietary or third party rights.


YOUR ACCOUNT AND PASSWORD

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at customercare@nyxcosmetics.co.uk.


INTELLECTUAL PROPERTY

We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it (including, but not limited to text, content, software, video, music, sound, graphics, photographs, illustrations, artwork, photographs, names, logos, trademarks, service marks and other material) (Content). The Content is protected by copyright laws and treaties around the world. All such rights are reserved.

We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it (including, but not limited to text, content, software, video, music, sound, graphics, photographs, illustrations, artwork, photographs, names, logos, trademarks, service marks and other material) (Content). The Content is protected by copyright laws and treaties around the world. All such rights are reserved.

We allow limited download only if you satisfy the following criteria:

(i)   you make no more than one printed copy of such download and no further copies of such printed copy are made; and
     
(ii)   you make only personal, non-commercial use of such download and/or printed copy; and
(iii)   you do not modify the paper or digital copies of any Content you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text; and
     
(iv)   you retain on such download and/or printed copy all copyright notices and shall remain bound by the terms of such wording and notices.

Additionally, you may not offer for sale or sell or distribute over any other medium (including distribution by over-the-air television or radio broadcast or distribution on a computer network) the Content or any part thereof. You may not make any part of our Site available as part of another website, whether by hyperlink framing on the internet or otherwise. Our Site and the information contained therein may not be used to construct a database of any kind, nor may our Site be stored (in its entirety or in any part) in databases for access by you or any third party or to distribute any database websites containing all or part of our Site.

You may not use any of our trademarks or trade names without our prior express written consent and you acknowledge that you have no ownership rights in and to any of those names and marks. You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our Site in breach of these Terms, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the Content you have made.

You agree to abide by all additional copyright notices or restrictions contained in our Site.

You agree to notify us promptly in writing if you become aware of any unauthorised access to or use of our Site by any party or of any claim that our Site or any of the contents of our Site infringes any copyright, trade mark, or other contractual, statutory or common law rights of any party.

If you would like information about obtaining our permission to use any of the Content email your enquiry customercare@nyxcosmetics.co.uk.


NO RELIANCE

While we endeavour to ensure the accuracy of the information accessed via our Site, the content of our Site is provided for general information only. Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, about the accuracy, timeliness or completeness of any information or material on our Site.


LIMITATION OF LIABILITY

Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Site or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, our Site; or
  • use of or reliance on any content displayed on our Site.

If you are a business user, please note that in particular, we will not be liable for:

  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

If you are a consumer user, please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or on any website linked to it.

Different limitations and exclusions of liability will apply to liability arising as a result of the purchase of any goods from our Site, which will be set out in our Terms and Conditions of Sale.


INDEMNITY

You agree to indemnify, defend, and hold harmless each of L'Oréal, its employees, representatives and agents, from and against any claims, actions, demands or other proceedings brought against any of L'Oréal, its employees, representatives or agents, by a third party, to the extent that such claim, suit, action or other proceeding brought against L'Oréal, its employees, representatives, suppliers, or agents is based on or arises in connection with:

(i)   your use of our Site;
(ii)   any breach by you of these Terms;
(iii)   a claim that any use of our Site by you
   
a.   infringes any intellectual property rights of any third party, or any right of personality or publicity, or
b.   is libellous or defamatory, or otherwise results in injury or damage to any third party;
(iv)   any deletions, additions, insertions, or alterations to, or any unauthorised use of, our Site by you; or
(v)   any misrepresentation or breach of representation or warranty made by you contained herein.

References in this section of these Terms to your use of our Site shall be deemed to include any use by a third party where such a third party accesses our Site using your computer. You agree to pay L'Oréal, its employees, representatives, and agents any and all costs, damages, and expenses (including reasonable legal fees) awarded against any of them or otherwise incurred by any of them in connection with or arising from any such third party claim, suit, action or proceeding attributable to any such third party claim.


LINKS

There may be links that will let you leave this Site or that will let you access this Site from third party sites. Linked third party sites are not under our control and we are not responsible for the contents of any such linked site or any link contained in such a linked site. We will not be liable for any loss or damage that may arise from your use of them. Any concerns regarding any such service or resource or any link thereto should be directed to the particular outside service or resource. Existence of links to other third party sites is not an endorsement in favour of such site or the products or services contained in any linked site.


LINKING TO OUR SITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Site in any website that is not owned by you. Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page.

We reserve the right to withdraw linking permission without notice.

If you wish to make any use of content on our Site other than that set out above, please contact customercare@nyxcosmetics.co.uk.


VIRUSES

We do not guarantee that our Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our Site. You should use your own virus protection software.

We do not guarantee that our Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our Site. You should use your own virus protection software.


ENTIRE AGREEMENT

Except as provided herein, these Terms and any other terms of use or policies referred to in them are the entire agreement between us and supersede any prior understanding or agreements (written or oral). Nothing in this clause will operate to limit or exclude either party's liability for fraud.


GOVERNING LAW AND JURISDICTION

Except as provided herein, these Terms and any other terms of use or policies referred to in them are the entire agreement between us and supersede any prior understanding or agreements (written or oral). Nothing in this clause will operate to limit or exclude either party's liability for fraud.

If you are a business, these Terms, their subject matter and formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.


LOCAL LAWS AND REGULATIONS

Our Site is not directed at any person in any jurisdiction where for any reason the publication or availability of our Site is prohibited. Those in respect of whom such prohibitions apply must not access our Site.

We do not represent that either our Site or the Content are appropriate for use or permitted by local laws in all jurisdictions. Those who access our Site do so on their own initiative and are responsible for compliance with applicable local laws or regulations; legal advice should be sought in cases of doubt.


SEVERANCE & WAIVER

If any provision of these Terms is found to be invalid by any court having jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.


OLAPIC GALLERY

We may make available on this Site a space, powered by Olapic, Inc. ("Olapic") dedicated to user content, such as for example text, photos, videos, etc. ("User Content"). Where you upload User Content to our site, or respond to our request to use User Content you have already posted to social media with #[YESNYXCOSMETICS_UK], you agree to our #[YESNYXCOSMETICS_UK] Terms and Conditions.

We do not endorse or control the User Content transmitted or posted on the Site and therefore, we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Site.
We have the right to remove any User Content if, in our opinion, such material does not comply with these Terms of Use including if the content is illegal and/or contrary to the accepted standards of morality and/or infringes the rights of third parties.
Please inform us of any User Content which appears contrary to applicable legislation in force and/or to accepted standards of morality and/or the principles set forth herein and/or which infringes the rights of others, at the following address info@nyxcosmetics.co.uk.

AUGUST GIVEAWAY

1. The prize draw is open to all UK and ROI residents aged 16 and over, with the exception of L’Oréal (UK) Limited employees, their immediate families, or anyone professionally connected with the promotion.

2. No purchase necessary. Entry to the prize draw is free.

3. Only one entry per person. Bulk entries from trade, consumer groups or third parties will not be accepted. Multiple entries made by the same person from various email or other accounts or from the same IP address will not be accepted.

4. Entrants must have internet access to be eligible. Entrants must read and accept the Privacy Policy to be eligible.

5. Incomplete, illegal, misdirected or late entries will not be accepted. Responsibility cannot be accepted for lost or damaged entries whether due to technical connectivity problems or otherwise.

6. To enter, entrants must subscribe to the NYX Professional Makeup newsletter by completing the digital form available at https://www.reg-event.com/NYXProfessionalMakeupGiveAway and remain signed up on the date of the prize draw.

7. Entries which are not completed in full or with accurate information will be disqualified.

8. Entries must be received no later than 11:59PM GMT on 11/08/17.<

9. The prize draw will take place on 25/08/2017.

10. One completed entry shall be drawn at random.

11. The winner of the prize, will receive the following: A goody bag containing £200 worth of NYX Professional Makeup products, based on the Promoter’s recommended retail prices. Prices may vary between retailers and retailers are always free to set their own prices.

12. Please allow up to 30 days from the closing date for delivery of the prize/prizes

13. Entries will only be accepted on the official form.

14. The winner will be notified by email by 25/08/2017 and asked to provide their delivery address. If the winner does not respond via the above route after 30 days of the Promoter’s initial contact being made, and provide their delivery address details for the prize to be despatched to, the Promoter reserves the right to draw an alternative winner.

15. The Promoter’s decision is final and no correspondence will be entered into.

16. A note of the winner can be obtained by sending a stamped, self-addressed envelope to the Promoter within 30 days of the closing date.

17. The winner must be prepared to take part in publicity accompanying or resulting from the promotion. No additional compensation will be awarded for such promotional activities. No compensation for loss of earnings will be paid by the Promoter for participation in any aspect of this prize draw.

18. If the prize is declined or if the winner forfeits the prize under these terms or conditions, then the Promoter may at its absolute discretion select an alternative winner at random.

19. The prize is as stated, it is not transferable and there are no alternative prizes or cash substitutes. The Promoter reserves the right to substitute the prize for one of like value in the event that the selected prize is unavailable for any reason whatsoever.

20. All personal details and/or information given in the entry form or otherwise must be truthful, accurate and in no way misleading. The Promoter reserves the right to disqualify entrants if they have supplied untruthful, inaccurate or misleading personal details and/or information, or if it materialises that the entrant has been involved in any behaviour which the Promoter reasonably believes would bring it into disrepute.

21. Neither the Promoter nor agencies involved in this promotion may be liable to the winner, whether arising from tort including negligence, breach of contract or otherwise or for any loss or damage whatsoever caused by matters relating to participation in this prize draw, or in relation to the prizes to the extent permissible by law.

22. The Promoter reserves the right in its absolute discretion to add to or waive any of these terms and conditions, or to cancel the prize draw at any stage, in the event of circumstances arising beyond its reasonable control.

23. By entering this prize draw, entrants will be deemed to be bound by and have accepted these terms and conditions. The Promoter shall disqualify any entries that have failed to abide by the terms and conditions and/or are in breach of the terms and conditions.

24. English law applies and the English courts shall have exclusive jurisdiction over any proceedings in connection with this promotion.

Promoter: NYX Professional Makeup, a trading division of L’Oréal (UK) Limited of 255 Hammersmith Road, London W6 8AZ

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