Terms and Conditions
Accessing this website (“site”) constitutes your agreement to the following Terms and Conditions (“Terms”). If you do not agree with these Terms, you may not access the site.
The site is operated by MadKinbeauty.com (“MadKin LLC”,”MadKin”, “us”, or “we”). We are a company incorporated in Texas and our principal place of business is located in Amarillo Texas, USA. We reserve the right to revise these Terms at any time. As such, you should check these Terms periodically. Changes will not apply to any orders we have already accepted unless the law requires otherwise. If you violate any of the terms of these Terms you will have your access canceled and you may be permanently banned from accessing the site. If you access the site after we have posted changes to these Terms, such access shall constitute your acceptance of those changes, whether or not you actually reviewed them.
We created these policies to inform you about our collection and use of information we collect when you access the site.
All site marks, images, illustrations, designs, icons, photographs, text, audio clips, video clips, software, HTML code, scripts, artwork, graphic materials, or other copyrightable elements, trademarks, service marks, trade names, including the selection, sequence and arrangements of such items (collectively, the “Content”) are the property of MadKin LLC or our affiliates, subsidiaries, licensors, assigns, operational service providers, advertising agencies or promotional partners (collectively, the “MadKin Entities”) and are protected, without limitation, pursuant to U.S. federal and state laws and regulations, as well as applicable foreign laws, regulations and treaties. All Content is copyrighted as a collective work under copyright laws, and we own a copyright and/or database right in the selection, coordination, arrangement, presentment and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or adaptations of, or in any way exploit any of the Content, in whole or in part. Except as specifically permitted by us, you shall not reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Content to any third party (including without limitation, the display and distribution of the Content via a third-party website) without the express written consent of MadKin LLC. We hereby grant you a personal, non-exclusive, non-assignable and non-transferable license to access and use the Site, services and associated Content. However, when you do submit Content to us or our Site, you are giving us and the MadKin Entities, the perpetual, non-exclusive, irrevocable, worldwide, royalty-free and sub-licensable right, license, permission and authorization to use, display, reproduce, perform, adapt, translate, modify, create derivative works, publish, distribute, disseminate and/or broadcast any or all of that Content in any and all media or medium whether now existing or later invented for any and all purposes (“license”) without accounting, notification, credit, notification or other obligation to you. By providing Content you are representing and warranting to us that you have the right to grant us and the MadKin Entities such license. If you do not have the right to license the Content as set forth in these Terms (or if you are not sure) please do not submit or provide Content. The Site may also make references to other trademarks, trade names, brands and/or trade from entities other than MadKin. These trademarks, trade names, brand names and/or trade dress are the property of the respective owners and references to them do not suggest sponsorship or association with MadKin LLC.
Intellectual Property Infringement
You acknowledge and agree that the Service may contain content or features that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by MadKin LLC, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith is the property MadKin LLC, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by MadKin LLC.
The MadKin name and logos are trademarks and service marks of MadKin LLC (collectively the “MadKin Trademarks”). Other MadKin, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to MadKin LLC. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of MadKin Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of MadKin Trademarks will inure to our exclusive benefit.
If you believe that your rights under intellectual property laws are being violated by any Content posted on or transmitted through the Site, or items advertised on the Site, please contact us promptly so that we may investigate the situation and, if appropriate, block or remove the offending Content and/or advertisements. It is our policy to disable access to infringing materials, and to terminate access of repeat infringers to the Site. In order for us to investigate your claim of infringement, you must provide us with the following information: 1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest. 2. A description of the copyrighted work or other intellectual property that you believe has been infringed. 3. A description of where the material that you claim is infringing is located or identified on the Site. 4.Your name, address, telephone number, and e-mail address. 5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the information submitted to us is accurate and that you are the owner of the copyright or intellectual property or authorized to act on behalf of the owner of the copyright or intellectual property.
The above information should be provided to us for notice of claims of copyright or other intellectual property infringement, who can be reached on the “contact us” website.
In accordance with the DMCA and other applicable law, MadKin LLC has adopted a policy of terminating, in appropriate circumstances and at MadKin’s sole discretion, users who are deemed to be repeat infringers. MadKin LLC may also at its sole discretion limit access to the Service and/or terminate any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third Party Websites
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. MadKin LLC has no control over such sites and resources and MadKin LLC is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that MadKin LLC will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that MadKin LLC is not liable for any loss or claim that you may have against any such third party.
Limitation on Liability
The site and all information, content, materials, products (including software) and services included on or otherwise made available to you through the site are provided by MadKin LLC on an “as is”, “where is” and “as available” basis, unless otherwise specified in writing. You expressly agree that your use of the site is at your sole risk. You specifically acknowledge that neither MadKin LLC nor any of its affiliates, nor their respective directors, officers, employees, affiliates, agents or other representatives are liable for the defamatory, offensive or illegal conduct of other users or third parties and that any risk of injury related to the foregoing rests entirely with you.
MadKin LLC does not represent or warrant that the site is secure, the site, the server supporting the site information, content, materials, products (including software) or services included on or otherwise made available to you through the site, or email sent from MadKin are or will be virus-free, the information on the site is error-free, accurate, complete, reliable, useful, timely or current or that the site will operate without interruption or error. Neither MadKin LLC nor any third party content providers or licensors, nor their respective directors, officers, employees, affiliates, agents or other representatives shall have any liability or responsibility for any errors or omissions in the content of the site, for your action or inaction in connection with the site or for any damage to your computer or data or any other damage you may incur in connection with the site or your use thereof.
MadKin will not be liable for any damages of any kind arising from the use of the site or from any information, content, materials, products (including software) or services included on or otherwise made available to you through the site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages or any loss of profit, revenue, opportunity or data, unless otherwise specified in writing. This disclaimer of liability applies, without limitation, to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action (including extra-contractual liability). If you are dissatisfied with the site, your sole remedy is to discontinue using the site.
MadKin LLC makes no representations or warranties of any kind, express or implied, as to the products included on the site or as the merchandise being sold to you. To the fullest extent permissible by applicable law, MadKin LLC disclaims all warranties, express or implied, including but not limited to implied warranties of quality, merchantability, fitness for a particular purpose and noninfringement, and there are no warranties, express or implied, which extend beyond the description of the merchandise contained on our order confirmation. MadKin LLC will not be liable for damages of any kind arising from the products, including but not limited to direct, indirect, incidental, punitive and consequential damages, loss of profit, revenue, opportunity, or data. We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable, including but not limited to: (a) loss of income or revenue; (b) loss of business; (c) loss of profits or contracts; (d) loss of anticipated savings; (e) loss of data; or (f) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise.
This does not in any way limit or exclude any liability of us (a) under section 2(3) of the Consumer Protection Act 1987; (b) for breach of any condition as to title or quiet enjoyment implied by section 12 Sale of Goods Act 1979 or section 2 Supply of Goods and Services Act 1982; (c) for death or personal injury caused by our negligence; or (d) for fraudulent misrepresentation.
Notwithstanding the foregoing, in the event that MadKin LLC is found liable in respect of any loss, damage or cause of action (whether contractual, extra-contractual or otherwise) arising out of or in connection with (i) these TOS or any of the features or functionalities of the site or its content, or your use or inability of use thereof, MadKin ’s liability shall not exceed the amount paid for use thereof or access thereto; or (ii) any product sold through the site, MadKin’s liability shall be strictly limited to the sale price of that product.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
MadKin LLC, MadKinbeauty.com, and other marks which may or may not be designated on the Site by a “™” “®” “SM” or other similar designation, are registered, pending or unregistered trademarks or service marks of LLC in the United States and other countries. Our graphics, logos, page headers, button icons, scripts and service names are protectable under applicable trademark and trade dress law. Our trademarks and trade dress may not be used in connection with any product or service that is not authorized by us in writing, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks not owned by us that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
Social Media and Other Services
While using our services, you have the option of granting us access to your account(s) with certain third-party social media and other services, such as Facebook, Instagram, Picasa, Flickr, Twitter, SmugMug, and others (each, an “SNS”). Provided an SNS permits this, we can capture and make available on the Site and through the Apps the photos and other content that you have stored in your account(s) with such SNSs (“SNS Content”). By granting us access to your SNS Content, you understand that we will access, make available and store (if applicable) your SNS Content so that it is available on the Site (where applicable). We are not responsible for any SNS Content stored on an SNS that you choose to make available on the Site. Depending on the SNS you choose and subject to the privacy settings you have set in your SNS account(s), personally identifiable information that you post to your SNS account(s) will be available on the Site. Please note that if an SNS account becomes unavailable or SNS terminates our access to your SNS account(s), any Content from that SNS may no longer be available on the Site. You have the ability to disable the connection between the Site and Apps and your SNS account(s), at any time, by accessing the “Settings”. Please understand that your relationship with each SNS, including your rights with respect to any content that you provide to an SNS and the storage of such content, is governed solely by your agreement(s) with such SNS.
You may not download (other than page caching) or modify the Site or any portion of it without our express, prior written consent. This includes: a prohibition on any resale or commercial use of the Site or its Content; any collection and use of any product listings, descriptions, or prices; any derivative use or making adaptations of the Site or its Content; any downloading or copying of account information for the benefit of another merchant; and any use of data mining, screen-scraping, robots, or similar data gathering and extraction tools. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express, prior written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without our express, prior written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express, prior written consent. You agree to use the Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racial, ethnic, or otherwise objectionable material of any kind, including but not limited to any material that is or that encourages fraudulent activity or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, federal, or international law. You agree not to harass, advocate harassment, or to engage in any conduct that is abusive to any person or entity. You are prohibited from sending or otherwise posting unauthorized commercial communications (such as spam) through the Site. If we are notified of or suspect allegedly infringing, defamatory, damaging, illegal, or offensive Content provided by you we may (but without any obligation) investigate the allegation and determine in our sole discretion whether to remove or request the removal of such Content from the Site. We reserve the right, but not the obligation, to prohibit conduct, communication, or Content that we deem in our sole discretion to be unlawful or harmful to you, the Site, Site users, our customers, our rights or any third party. We assume no liability for any action or inaction with respect to conduct, communication, or Content on the Site.
Consent To Notices
You agree that we have the right to send you certain information in connection with the Site. We may send you this and any other information in electronic form to the e-mail address you specified when you created an account through the Site. You may have the right to withdraw this consent under applicable law, but if you do, we may cancel your rights to access the Site. Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. As long as you access and use the Site, you agree that you will have, or have access to, the necessary software and hardware to receive such notices. If you do not consent to receive any notices electronically, you agree to stop using or accessing the Site.
Termination Of Usage
We may terminate your access or suspend your right to access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law, is in breach of these Terms or is harmful to the interests of other users, Associates, or us. In addition, we reserve the right to refuse an order from any customer in our sole discretion.
If you access the Site from anywhere in the United States or Canada, you agree that the laws of the State of Texas, USA, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and MadKin LLC.
You are responsible for maintaining the correct information on your account. We will not be responsible for any misinformation we retrieve from your account. We will not be responsible for any activities under your account for any reason. You are responsible for restricting access to your computer or smart device. We reserve the right to refuse service, terminate accounts, edit and/or remove content submitted by you.
Prices, Availability, And Errors
Products on the site are subject to change without notice. Errors will be corrected when discovered. Our Site contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on our Site may be incorrectly priced, the quantity or availability of a product may have changed just prior to you placing your order or other errors may be displayed on the product page. We will normally verify prices, availability and confirm there are no errors on the product page as part of our dispatch procedures.
We are under no obligation to provide the product to you at an incorrect (lower) price, even after we have sent you an order confirmation or a shipping confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a pricing error.
On occasion, you may be able to place a product in your shopping cart and submit your order for processing, but your order is subsequently cancelled due to unavailability of product. You acknowledge that products may sell quickly and there may be a short period of time after an order has been submitted, but where the product is no longer available. You agree that we may cancel your order after you have received an order confirmation without penalty. On very rare occasions, you may receive a shipping confirmation from us, but the product is no longer available in our inventory. You agree that we may rescind our acceptance and cancel your order without penalty if the product you ordered is unable to ship due to unavailability.
We reserve the right to correct any errors, inaccuracies or omissions on a product page. We reserve the right to rescind our acceptance and cancel your order without penalty in the event there is an obvious and unmistakable error on the product page, in our reasonable discretion. If you have already received your order, we will do our best to resolve your concern.
Order/Payment/Collection of Tax
Your order is an irrevocable offer to buy the products. Before proceeding to purchase, please check the order details and correct any possible errors.
Unless you cancel your order, acceptance of your order and completion of the contract between you and MadKin LLC will be completed when we email you to confirm the goods have been dispatched. English is the language used for finalizing the contract. Neither our third-party payment processor nor our nominated courier has the authority to accept an order on behalf of MadKin LLC.
We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorisation for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the TOS.
We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time when the transaction or service does not comply with our business policy, or in the event where there are reports or suspicion of fraudulent or illegal activity. In these events, we will not be liable for refusing to process a transaction or unwinding or suspending any transaction after processing has begun. To the extent permitted by the applicable law, we will not be liable to you or any third party by reason of our withdrawing any merchandise from the site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the site. Whilst every effort is made to make sure details on our website are accurate, we may from time to time discover an error in the pricing of products. If we discover a patent error in the pricing of a product in your order, we will let you know as soon as possible. We shall be under no obligation to accept or fulfill an order for a product that was advertised at an incorrect price, provided that the error was recognizable, and reserve the right to cancel such an order that has been accepted or is in transit. If you order a product that is patently priced incorrectly for any reason, we will email or telephone you to inform you that we have not accepted your order and/or that the relevant part of your order has been cancelled. If you have already paid for the goods, we shall refund the full amount as soon as we are able. In the event that products are recalled in transit, we will process your refund once the products have been returned to us.
Payment can be made by Credit Card and PayPal. When selecting this option at checkout (Paypal), you will be directed to the PayPal site to ‘Log In’ and review the amount shown before clicking ‘Pay Now’. Once this transaction is complete, you will then return to MadKinbeauty.com. Payment will be debited and cleared from your account upon dispatch of your order by MadKin LLC. We are assuming that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to MadKin LLC, we will not be liable for any delay or non-delivery. Prices shown on the Site are in US Dollars and are exclusive of taxes and shipping charges. If you are shipping within the USA, local sales tax will be charged where applicable. For purchases where sales tax is applicable you will see the tax calculated on the checkout page before you are asked to confirm the purchase. Tax shown at checkout is an estimate and the actual tax collected may differ once we process the order. We use reasonable commercial efforts to calculate and remit the correct amount of tax required on each taxable purchase. From time to time, prices are subject to change in response to currency exchange rate changes, markdowns and other commercial factors. Customers purchasing from a country served as DDU will be charged for the items purchased and shipping costs only. Import duty or tax costs will be invoiced to you directly from DHL or an import broker appointed by you. We recommend you contact your local customs authority to determine a landed cost price prior to purchase completion. In consideration of our allowing you access to and use of the Site, and in collecting and remitting taxes required on your purchases, you hereby waive your right to claim that the tax collected on any purchase is incorrect in any respect and agree to hold us harmless, our officers, directors, employees, agents and representatives, for any harm or other damages you may incur as a result of our error in calculating the taxes you owe for your purchases.
We take reasonable care to make our site secure. All credit/debit card transactions on this site are processed using a secure online payment gateway that encrypts your card details in a secure host environment. As previously stated, we do our best to maintain a safe and secure shopping experience. Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the site.
The term shipping or ship includes the commencement of shipping items in an order for multiple purchases or where the item purchased consists of components that must be shipped separately. For example, your order may consist of (1) several different items or (2) a quantity of the same item. In all such orders, we endeavor to ship out individual packages together so that they arrive at the same time; however, when that is not possible, we commence shipping by shipping individual packages in the order the soonest they are available and conditions permit. In these instances, our notification to you that your order has “shipped,” marks the time when shipping has commenced; it does not mean that all items in the order have shipped at that time. You agree that credit cards and debit cards are to be charged on the date of inventory reservation for the order, not the date of shipping. For certain international orders through the Site you hereby authorize an approved customs broker to act as your agent, and to transact business with US Customs and Border Protection to obtain release of merchandise, account for duties and taxes, return merchandise, and electronically submit refund claims on your behalf. All items purchased through the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon tender of the item to the carrier.