—- OVERVIEW

This website is operated by Emissary Cosmetics. Throughout the site, the terms “we”, “us” and “our” refer to Emissary Cosmetics. Emissary Cosmetics offers this website, including all information, tools and services made available on this site to you, the user, subject to your acceptance of all the terms, conditions, policies and notices set out here.

By visiting our site and/or purchasing something from us, you engage with our “Service” and agree to be bound by the following terms and conditions (referred to as the “Terms of Service” or “Terms”), including the additional terms and conditions and policies referred to here and/or available by hyperlink. These Terms of Service apply to all users of the site, including, without limitation, users who are browsers, suppliers, customers, merchants and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools added to the current shop will also be subject to the Terms of Service. You can review the latest version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates or changes on our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our shop is hosted by Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1: ONLINE SHOP TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are of the age of majority in your state or province of residence and have given us your consent to allow any minors in your care to use this site.

You may not use our products for any illegal or unauthorised purpose, nor may you, when using the Service, breach any laws in your jurisdiction (including, without limitation, copyright laws).

You must not transmit any computer worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in the immediate termination of your Services.

SECTION 2: GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (excluding credit card information) may be transferred unencrypted and may involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use of the Service or access to the Service, or any contact on the website through which the Service is provided, without our express written permission.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3: ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or up to date. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more recent sources of information. Any reliance on material on this site is at your own risk.

This site may contain certain historical information. Historical information is necessarily not current and is provided for reference only. We reserve the right to modify the content of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4: CHANGES TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right to modify or discontinue the Service (or any part or content of it) at any time without notice. We shall not be liable to you or any third party for any modification, price change, suspension or discontinuation of the Service.

SECTION 5: PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may be available in limited quantities and are subject to return or exchange only in accordance with our Returns Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear in the shop. We cannot guarantee that your computer monitor will display any colour accurately.

We reserve the right, but are not obliged, to limit sales of our products or services to any person, geographical region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services we offer. All product descriptions and product prices are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where that product or service is prohibited.

We do not warrant that the quality of any products, services, information or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6: ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with our shop. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed under the same customer account, using the same credit card, or using the same billing or delivery address. If we change or cancel an order, we will attempt to notify you by email or using the billing address/telephone number provided when the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to have been placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made in our shop. You agree to update your account and other information promptly, including your email address, credit card numbers and expiry dates, so that we can complete your transactions and contact you as necessary.

For more information, please see our Returns Policy.

SECTION 7: OPTIONAL TOOLS

We may provide you with access to third-party tools that we neither monitor nor control and to which we do not contribute. You acknowledge and agree that we provide access to such tools “as is” and “as available”, without any warranties,

representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk, and you should ensure that you are familiar with and approve of the terms on which the relevant third-party providers supply those tools.

We may also, in future, offer new services or features through the website (including the release of new tools and resources). These new features or services will also be subject to these Terms of Service.

SECTION 8: THIRD-PARTY LINKS

Certain content, products and services available through our Service may include resources from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating their content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party resources or websites, or for any other third-party materials, products or services.

We are not liable for any harm or damage relating to the purchase or use of goods, services, resources or content, or any other transactions made in connection with third-party websites. Please review third-party policies and practices carefully and make sure you understand them before entering into any transaction. Complaints, claims, concerns or questions regarding third-party products should be directed to the relevant third party.

SECTION 9: USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example, competition entries) or, without a request from us, you send creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by post or otherwise (collectively referred to as “comments”), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments you send to us. We are and shall be under no obligation (1) to keep any comments confidential; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine, at our sole discretion, to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or objectionable, or to infringe any party’s intellectual property or these Terms of Service.

You agree that your comments will not infringe any third-party rights, including copyright, trade marks, privacy, personality rights or any other personal or proprietary rights. You further agree that your comments will not contain defamatory, unlawful, abusive or obscene material, or any computer virus or other harmful software that could affect the operation of the Service or any related website in any way. You may not use a false email address, impersonate another person or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for the comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

SECTION 10: PERSONAL INFORMATION

Your submission of personal information through the shop is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11: ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on our site or in the Service may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, product delivery charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, to change or update information, or to cancel orders if any information in the Service or on any related website is inaccurate, at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied to the Service or any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12: PROHIBITED USES

In addition to the prohibitions set out in the Terms of Service, you are prohibited from using the site or its content (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to breach any international, federal, provincial, state or local regulations, rules, laws or ordinances; (d) to infringe or violate our intellectual property rights or those of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, nationality or disability; (f) to submit false or misleading information;

(g) to upload or transmit viruses or any other type of harmful code that affects or may affect the functionality or operation of the Service, any related website, other websites or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service, any related website, other websites or the Internet. We reserve the right to terminate your use of the Service or any related website for any breach of these prohibited uses.

SECTION 13: DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results obtained from using the service will be accurate or reliable.

You agree that, from time to time, we may remove the service for indefinite periods or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your own risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranty or condition of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.

In no event shall Emissary Cosmetics, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs or similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the services or any product purchased through the service, or for any other claim relating in any way to your use of the service or any product, including, without limitation, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of using the service or any content (or product) posted, transmitted or otherwise made available through the service, even if advised of their possibility.

Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in those states or jurisdictions our liability shall be limited to the maximum extent permitted by law.

SECTION 14: SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. Such determination shall not affect the validity and enforceability of the remaining provisions.

SECTION 15: Governing law and jurisdiction

Spanish law shall apply to any questions of interpretation or disputes that may arise. In the event of a dispute, both parties agree to submit to the jurisdiction of the courts and tribunals of the city of Donostia – San Sebastián, waiving any other jurisdiction to which they may be entitled. However, where the Customer acts as a consumer or user within the meaning of the Consolidated Text of the General Law for the Protection of Consumers and Users (TRLGDCU), the courts and tribunals of the consumer’s place of residence shall have jurisdiction, in accordance with current legislation.

In accordance with Regulation (EU) No 524/2013, consumers are informed that, in the event of a dispute, they may use the European Union’s online dispute resolution (ODR) platform, available at the following link: http://ec.europa.eu/odr