Terms & Conditions
OUR RIGHT TO CHANGE THESE TERMS:
We reserve the right, in our sole discretion, to modify all or a portion of these Terms at any time without further notice and without incurring any liability or obligation. If we do this, we will post the changes to these Terms on the website and will indicate at the top of this page the date these Terms were last revised. Your continued access to and/or use of the website after any such changes constitutes your acceptance of, and agreement to, be legally bound by, these Terms as revised. It is your sole responsibility to regularly check the website to determine if there have been any changes to these Terms and to review such changes.
MAKING PURCHASES THROUGH THE WEBSITE:
You may only make purchases through the website if you are over the age of legal majority in the state/territory where you reside. You may only purchase or order items for personal, non-business purposes. Purchases will only be shipped to a valid mailing address. However, we may not be able to ship to all areas. In the event we are not able to ship to the shipping address you provide, we will notify you, your order will be cancelled, and you will receive a refund in respect of your purchase (unless you provide an alternate eligible shipping address). We reserve the right not to offer expedited or other forms of shipping. Unless otherwise indicated, all dollar amounts on the website are in US Dollars.
By completing a purchase transaction (“Order”) through the website, you are agreeing to pay, in full, the prices and all applicable taxes and shipping and handling fees specified in relation to your Order, either by credit card or other permitted payment method. Payments are processed by our trusted third party service provider and Cream Beauty does not collect your financial information.
OUR RIGHTS REGARDING ORDERS:
Without limiting the generality of these Terms, we reserve the right to limit or refuse any Order you place with us. Further, we reserve the right to verify the validity of all Orders and cancel any Order if we find evidence of fraud, tampering and/or any other violation of these Terms. We also reserve the right, in our discretion, not to ship items ordered or purchased through the website to certain addresses. In the event that we are unable to or choose not to ship an item, you will be notified accordingly and the amount for that item charged in relation to your Order will be reduced accordingly.
Your safe and secure online shopping experience is our top priority. As such, we routinely monitor our website for suspicious activity. However, the transmission of data or information over the internet or other forms of networks may not be secure, and is subject to possible loss, interception or alteration while in transit. We do not assume any liability for any damage you may experience or costs you may incur as a result of any electronic transmissions over the internet or otherwise within the website, such as transmissions involving the exchange of electronic messages of any kind (including those which may contain your personal information). In no event will the information you provide on or through the website be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without your consent.
Your use of this website and material from this website is at your own risk.
None of Cream Beauty, any of its agents, or any other party involved in creating, producing, or delivering this website is liable for any damages whatsoever arising out of your access to, or use of, this website, any material from this website, or any products offered on this website. Without limiting the foregoing, this website, the material provided on this website, and the products offered on this website, are provided "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE WEBSITE ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION ON THE WEBSITE IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.
CREAM BEAUTY MAKES NO REPRESENTATION OR WARRANTY THAT: (I) THE WEBSITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND SOFTWARE; (II) THE WEBSITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR ERROR; (III) THE USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF ANY VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE, INTRUSIVE OR DISRUPTIVE COMPONENTS; (IV) THE TRANSMISSION OF INFORMATION TO AND FROM THE WEBSITE WILL BE SECURE; (V) THE USE OF THE WEBSITE WILL NOT INFRINGE THE RIGHTS (INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; OR (VI) THE USE OF THE WEBSITE WILL NOT CAUSE ANY DAMAGE TO YOUR COMPUTER SYSTEMS, SOFTWARE OR ELECTRONIC FILES.
CREAM BEAUTY WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES WHATSOEVER ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEBSITE. YOU EXPRESSLY ACKNOWLEDGE THAT CREAM BEAUTY HAS ENTERED INTO THIS AGREEMENT WITH YOU AND MAKES THE WEBSITE AVAILABLE TO YOU, IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND CREAM BEAUTY. YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN WILL SURVIVE, AND CONTINUE TO APPLY IN THE CASE OF A FUNDAMENTAL BREACH OR BREACHES, THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY, OR TERMINATION OF THIS AGREEMENT.