TERMS & CONDITIONS

Welcome to THE FACIAL BOX (the “Site”). This Site is maintained and operated by michaellabolder.com, we are registered in England Our registered office is at:

THE FACIAL BOX

5 Old Farm Road

Minnis Bay

Birchington

CT7 9PH

This page (along with the documents referred to on it) informs you of the terms and conditions on which we will supply to you a random selection of products (Products). Please read these terms and conditions thoroughly before ordering THE FACIAL BOX. You should understand that by ordering THE FACIAL BOX, you agree to be bound by these terms and conditions.

You should print a copy of these terms and conditions for future reference.

Please tick the checkbox in the shopping cart to accept these terms and conditions. By accessing, browsing or using this Site, you acknowledge that you have read and agreed to be bound by these Terms & Conditions (these “Terms”). Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.

THE FACIAL BOX reserves the right to revise these Terms & Conditions at any time by updating this posting. However, an order(s) that is placed prior to a change being made will not be affected by the new changes made.

BY ACCESSING OR USING ANY PART OF THE SITE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THESE TERMS. IF YOU DO NOT AGREE WITH ALL OF THE TERMS SET FORTH BELOW, YOU MAY NOT USE ANY PORTION OF THE SITE. PRICE INFORMATION FOUND ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. THE FACIAL BOX RESERVES THE RIGHT TO CHANGE THESE TERMS & CONDITIONS OF USE AT ANY TIME WITHOUT NOTICE, BUT WILL NOT CHANGE THESE TERMS IN RELATION TO ORDERS WHICH HAVE BEEN PLACED AND ACKNOWLEDGED BY THE FACIAL BOX BEFORE THE CHANGE IS MADE.

We grant you a personal, limited, non-transferable non-exclusive, license to access and use the Site. We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Site and to change, suspend or discontinue any aspect of the Site and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. Your continued use of the Site will constitute your acceptance of any such changes.

Use of the Site

You may use the Site only for your own non commercial personal use and in compliance with these Terms. You are responsible for your own communications, including the transmission, uploading or posting of information and are responsible for the consequences of such communications to the Site. Any other use of the Site requires the prior written consent of THE FACIAL BOX. You may not otherwise copy, modify, or distribute the contents of this Site without the express written permission of THE FACIAL BOX. You may not modify, publish, transmit, participate in the transfer or sell, create derivative works from, or in any way exploit, any of the content, in whole or in part, found on the Site. We require all Members to agree not to use the Site, and specifically prohibit any use of the Site, for any of the following purposes:

• Posting, communicating or transmitting any material that infringes on any intellectual property, publicity or privacy right of another person or entity 

• Posting any information which is untrue, inaccurate or not your own or which is defamatory, derogatory, fraudulent, degrading, abusive, hateful, false, misleading, inaccurate, untrue, malicious, offensive, harassing, threatening, racist, obscene, vulgar, indecent, pornographic or of a sexual nature 

• Engaging in conduct that would constitute a criminal offence or give rise to civil liability or otherwise violate any law or regulation 

• Attempting to interfere in any way with the Site’s or THE FACIAL BOX’s network security, or attempting to use the Site’s service to gain unauthorised access to any other computer system 

You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site. Further, you may not use any such automated means to manipulate the Site, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Site or any other user’s use of the Site, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing” the Site, circumventing security or user authentication measures or attempting to exceed the limited authorisation and access granted to you under these Terms. You may not frame portions of the Site within another web site. You may not resell use of, or access to, the Site to any third party without our prior written consent

Registrations & Passwords

In order to access certain services on the Site, you will be required to provide specific information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. Any access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorised use under such access codes or passwords. We may suspend or terminate your access at any time with or without notice. To understand how we use information collected from you, please read our Privacy Policy .

Additional Terms & Conditions

You agree that additional terms and conditions may apply to specific products, orders or your use of certain portions of the Site, including with respect to Privacy Policy , and any future “Additional Terms”, which Additional Terms will be made available to you at the appropriate time and are made part of these Terms by reference. If there is a conflict between these Terms and the Additional Terms, the Additional Terms shall control.

Orders & Contracts

THE FACIAL BOX may be ordered by clicking on the box then following the prompts that will appear on-screen. Your order constitutes an offer to buy THE FACIAL BOX with already chosen products. All orders are subject to acceptance by THE FACIAL BOX we are not obliged to accept your order and may, in its discretion, decline to accept any order. Where THE FACIAL BOX accepts your order, it will confirm such acceptance to you by sending you an email that confirms that the product has been dispatched.

Product Information; Limitation on Quantities

Excluding any content which may be submitted by Members from time to time, we strive to ensure that the information on the Site is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies which we may correct without liability. We also reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time due to inventory, shortages, or user breach (including after an order has been submitted and/or acknowledged). We do not guarantee that all products described on our Site will be available.

Proprietary Rights

You acknowledge and agree that the content (other than content that may be submitted by Members), materials, text, images, videos, graphics, trademarks, logos, button icons, music, software and other elements available on the Site are the property of THE FACIAL BOX or our licensors and are protected by copyright, trademark and/or other proprietary rights and laws. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the Site. THE FACIAL BOX and THE FACIAL BOX logo are registered trademarks. All other trademarks are the property of their respective owners. All of our Site’s content are Copyright 2016. All rights reserved. Except as expressly set forth in these Terms, no license is granted to you and no rights are conveyed by virtue of accessing or using the Site. All rights not granted under these Terms are reserved by THE FACIAL BOX.

Submitted Content

By submitting or posting any materials or content on the Site, you grant THE FACIAL BOX a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works on our websites and apps and in any other materials or medium, and sublicense such materials or any part of such materials. This means, for example, that we can continue to use and display that content even if you ask us to remove it or after your registration or subscription has ended. If you do not want to grant THE FACIAL BOX the rights set out in this paragraph, please do not submit your content to us. You confirm that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant THE FACIAL BOX the license specified above. You also confirm that any materials you provide will not contain libellous or otherwise unlawful, abusive or obscene material. THE FACIAL BOX will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or payment to you. To the extent permitted by applicable law, you agree to waive all moral rights in any content that you post or send whilst using the Services, including the right to be identified as the author of such content.

Disclaimers

THE FACIAL BOX / Michaella Bolder is not responsible if you cannot access the Site properly or at all because your ISP connection, the Internet generally or your browser software is inadequate or functioning badly, or if your ISP suspends or terminates their service to you, or because of any other event outside Michaella Bolder’s control. If you cannot access the Site properly or at all because any of these reasons, THE FACIAL BOX / Michaella Bolder will not refund any money you have paid or compensate you.

Making the Site enjoyable means Michaella Bolder needs to fix bugs, install updates and do general diagnosis and maintenance of the Site. Michaella Bolder will try to do scheduled maintenance during what Michaella Bolder anticipates will be relatively low levels of online use. Michaella Bolder also needs to be able to do emergency maintenance and/or suspend access to the servers where, in Michaella Bolder’s reasonable discretion, Michaella Bolder sees the need to do that. Michaella Bolder will try to have the Site available again as soon as Michaella Bolder thinks it is safe to do so. The Site relies in part on software to work. Software has bugs. Whilst Michaella Bolder will monitor the Site and try to fix bugs that are made known to us, Michaella Bolder cannot guarantee that the Site will be bug-free or will work all the time. It is not a term of these Terms of Use that the Site or any individual feature of the Site will always be available, error free and/or free from viruses. Where the Site contains links to other websites and third party products or services, these links are provided for your information only. Michaella Bolder is not responsible for the content of these websites or products or services.

Indemnification

You agree to indemnify THE FACIAL BOX and its group companies liabilities and the reasonable costs (including reasonable legal fees), sustained or incurred as a result of content posted to the Site by you being in violation of these Terms.

Limitation Of Liability

THE FACIAL BOX excludes: (a) any responsibility for or liability arising out of any dealings you have with third parties that take place using or facilitated by the Site; and (b) any liability for losses which are not a foreseeable or likely consequence of your use of the Site, or of a breach of these Terms. For example, losses are foreseeable where they could be contemplated by you and THE FACIAL BOX.

THE FACIAL BOX will not be liable to you over the entire period of your use of the Site for any loss in excess of (a) the total value of products ordered by you via the Site from time to time and (b) £100, whichever is the higher. Notwithstanding this, nothing in these Terms will affect any liability we may have for: (a) death or personal injury arising from our negligence or our liability; (b) fraudulent misrepresentation; © for breach of any obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 or (d) any other liability that cannot by law be excluded or limited.

Copyright Infringement; Notice & Take Down Procedures

THE FACIAL BOX specifically prohibits the posting of any content that violates or infringes the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this Site infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim.

Severability

If any part of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms.

Waiver Remedies; Variations, Entire Agreement

The failure of THE FACIAL BOX to partially or fully exercise any rights or the waiver of THE FACIAL BOX of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by THE FACIAL BOX or be deemed a waiver by THE FACIAL BOX of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of THE FACIAL BOX under these Terms and any other applicable agreement between you and THE FACIAL BOX shall be cumulative, and the exercise of any such right or remedy shall not limit THE FACIAL BOX’s right to exercise any other right or remedy. These Terms may not be varied except with our express written consent. These Terms and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of your use of the Site and any order. We are required by law to advise you that contracts may be concluded in English only and that no public filing requirements apply.

Governing Law

The operation of our site and Contracts for the purchase of Goods through our site are governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

Questions

Should you have any questions regarding these Terms you may contact us at michaella@michaellabolder.com

 

 

 

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