Terms of Use
OVERVIEW
Welcome to Lipstick London.
Lipstick London is operated by Lipstick Retail Ltd, a company registered in England and Wales under company number 16376177 (“Lipstick London”, “we”, “us” or “our”).
Lipstick Retail Ltd operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the “Services”). Lipstick London is powered by Shopify, which enables us to provide the Services to you.
These terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.
Please read these Terms carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, you should not use or access our Services.
SECTION 1 – ACCESS AND ACCOUNT
By using the Services, you confirm that you are at least 18 years old or, if you are under 18, that you have the permission of your parent or legal guardian to use the Services.
To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment and shipping information. You confirm that all information you provide is correct, current and complete and that you have all rights necessary to provide this information.
You are responsible for maintaining the security of your account credentials and for activity carried out through your account. You may not transfer, sell, assign or license your account to another person.
SECTION 2 – OUR PRODUCTS
We make every reasonable effort to display our products, including their colours and appearance, as accurately as possible. However, the colour and appearance of products may vary slightly from how they appear on your screen due to differences in devices, display settings and lighting.
Nothing in these Terms affects your statutory rights, including your rights where a product is faulty, not of satisfactory quality or not as described.
All descriptions of products are subject to change from time to time. We reserve the right to discontinue any product and may limit the quantities of products available to any person, geographic region or jurisdiction where reasonably necessary.
SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase products from us. Your order is not accepted until we confirm acceptance.
We may decline or cancel an order where we have a legitimate reason to do so, for example where a product is unavailable, there is an error in the price or product information, we are unable to authorise your payment, we are unable to deliver to your address, or we reasonably suspect fraud or misuse of the Services.
If we are unable to accept your order, we will notify you and will not charge you for the product, or will refund any payment already taken.
Please review your order carefully before submitting it. If you wish to cancel or amend an order after it has been placed, please contact us as soon as possible. We cannot guarantee that we will be able to cancel or amend an order once it has been processed or dispatched. This does not affect any statutory cancellation or return rights you may have under applicable consumer law.
In the event that we do not accept, amend or cancel an order, we will attempt to notify you using the email address, billing address and/or phone number provided when the order was placed.
Your purchases are subject to our Refund Policy. Nothing in these Terms or our Refund Policy affects your statutory rights as a consumer.
You confirm that your purchases are for your own personal or household use and not for commercial resale or export.
SECTION 4 – PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product will be the price displayed at the time your order is placed and will be confirmed in your order confirmation email.
All prices displayed on our UK store include VAT, where applicable. Delivery charges, where applicable, will be clearly shown before you complete your purchase.
For orders delivered outside the United Kingdom, additional customs duties, import taxes or other charges may apply depending on the destination country. Unless otherwise stated, these charges are not included in the price or delivery charge and are the responsibility of the customer.
Prices available through our online store may differ from prices offered through other sales channels or third-party retailers. From time to time, we may offer promotions or discounts that are subject to additional terms and conditions. Where promotional terms conflict with these Terms, the specific promotional terms will apply.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made through our store and to keep this information up to date where necessary.
You confirm that you are authorised to use the payment method provided for your purchase. All payments are subject to authorisation by the relevant payment provider.
SECTION 5 – SHIPPING AND DELIVERY
Delivery times provided on our website are estimates unless expressly stated otherwise. We will make reasonable efforts to deliver your order within the estimated delivery timeframe shown at checkout.
We are not responsible for delays caused by events outside our reasonable control, including delays caused by delivery carriers or customs processing. If there is a significant delay to your order, please contact us and we will assist you.
Risk in the products remains with Lipstick London until the products are delivered to you, or to a person identified by you to receive them on your behalf.
Please ensure that the delivery information you provide is complete and accurate. We are not responsible for delays or failed deliveries resulting from incorrect or incomplete delivery information provided by you.
Nothing in this section affects your statutory rights as a consumer.
SECTION 6 – INTELLECTUAL PROPERTY
All content made available through the Services, including but not limited to trademarks, brand names, logos, product names, text, images, photographs, graphics, videos, audio, product reviews, website design and the selection and arrangement of such content, is owned by or licensed to Lipstick Retail Ltd, trading as Lipstick London, and is protected by applicable UK and international intellectual property laws.
The Services and their content are provided for your personal, non-commercial use only. You must not copy, reproduce, distribute, modify, publish, display, transmit, download, store, create derivative works from, sell, license or otherwise exploit any content from the Services for commercial purposes without our prior written permission, except where permitted by law.
Nothing in these Terms grants you any right, title, licence or interest in any intellectual property belonging to Lipstick London, Shopify or any third party, except for the limited right to access and use the Services in accordance with these Terms.
The Lipstick London name, logo, product names, designs, branding and slogans are trademarks or other intellectual property of Lipstick Retail Ltd or its licensors and may not be used without prior written permission.
Shopify’s name, logo, product and service names, designs and trademarks belong to Shopify or its licensors. All other trademarks, names and intellectual property appearing through the Services remain the property of their respective owners.
All rights not expressly granted under these Terms are reserved.
SECTION 7 – OPTIONAL TOOLS
You may be provided with access to tools or functionality offered by third parties as part of the Services, which we may not monitor or control.
Such third-party tools may be provided on an “as is” and “as available” basis and may be subject to separate terms and privacy policies imposed by the relevant provider.
To the extent permitted by applicable law, we are not responsible for loss or damage arising solely from your use of optional third-party tools that are outside our reasonable control. Nothing in this section excludes or limits any liability that cannot lawfully be excluded or limited.
Any use of optional third-party tools is at your discretion, and you should ensure that you understand and accept the terms on which those tools are provided.
We may also offer new features, tools or resources through the Services in the future. Such features will form part of the Services and will be subject to these Terms unless stated otherwise.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain links to websites or online services provided or operated by third parties, including embedded third-party functionality.
We are not responsible for examining or evaluating the content or accuracy of third-party websites or services that are outside our control. If you choose to access a third-party website or service, you should review its terms, privacy policy and other applicable policies.
To the extent permitted by applicable law, we are not responsible for loss or damage arising solely from your use of third-party websites, products or services that are outside our reasonable control.
Nothing in this section excludes or limits any liability that cannot lawfully be excluded or limited or affects your statutory rights as a consumer.
Complaints, claims, concerns or questions regarding third-party products or services should be directed to the relevant third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
Lipstick London is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Lipstick Retail Ltd, trading as Lipstick London.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Lipstick London, including any injury, damage or loss resulting from purchased products and services. You expressly release Shopify and its affiliates from claims, damages and liabilities arising from or related to your purchases and transactions with Lipstick London.
Nothing in this section affects your statutory rights against Lipstick Retail Ltd as the seller of the products or excludes any liability that cannot lawfully be excluded.
SECTION 10 – PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, Certain personal information may also be processed by Shopify in accordance with Shopify’s Privacy Policy.
Because the Services are hosted by Shopify, Shopify collects and processes certain personal information about your access to and use of the Services in order to provide and improve the Services.
Information you submit through the Services may be transmitted to and shared with Shopify and other service providers that may be located in countries other than where you reside. Please review our Privacy Policy for more information about how we, Shopify and our service providers use your personal information.
SECTION 11 – FEEDBACK
If you submit, upload, post, email or otherwise provide ideas, suggestions, feedback, reviews, proposals, plans or other content (“Feedback”), you grant us a worldwide, royalty-free, sublicensable licence to use, reproduce, adapt, publish, distribute and display that Feedback for purposes connected with operating, improving and promoting the Services, subject to applicable law.
You confirm that you own or have the necessary rights to provide the Feedback, that you have disclosed any compensation or incentives received in connection with it, and that your Feedback does not infringe the rights of any third party or contain unlawful, abusive, defamatory, obscene or malicious content.
We may monitor, edit or remove Feedback where we reasonably believe it is unlawful, infringes third-party rights, breaches these Terms or is otherwise inappropriate for the Services.
You remain responsible for the Feedback you submit and its accuracy.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
We make reasonable efforts to ensure that information provided through the Services, including product descriptions, prices, promotions, delivery charges and availability, is accurate.
Occasionally, errors, inaccuracies or omissions may occur. We reserve the right to correct such errors and update information where reasonably necessary.
If we discover an error that affects an order you have placed, we will contact you as soon as reasonably possible and explain the options available to you. Where we are unable to fulfil your order as agreed, you will be entitled to an appropriate refund.
Nothing in this section affects your statutory rights as a consumer.
SECTION 13 – PROHIBITED USES
You may use the Services only for lawful purposes and in accordance with these Terms.
You must not use the Services:
(a) for any unlawful, fraudulent or malicious purpose, or in any way that violates applicable laws or regulations;
(b) to infringe or violate our intellectual property rights or the intellectual property or other rights of any third party;
(c) to harass, abuse, threaten, defame, discriminate against or otherwise harm any person;
(d) to provide false, fraudulent or misleading information, impersonate another person or entity, or misrepresent your identity;
(e) to transmit viruses, malware or any other harmful or malicious code that could affect the operation or security of the Services;
(f) to send spam, phishing communications, unsolicited advertising or other unauthorised promotional material;
(g) to collect, obtain or misuse the personal information of others without lawful authority;
(h) to copy, reproduce, sell, resell or commercially exploit any part of the Services or their content without our prior written permission;
(i) to use automated systems, including bots, scrapers, data-extraction tools or similar technologies, to access, copy, extract or interfere with the Services without our prior written permission, except where such activity is permitted by applicable law; or
(j) to interfere with, bypass, circumvent or attempt to compromise the security, functionality or operation of the Services.
We reserve the right to restrict, suspend or terminate access to the Services where we reasonably believe these Terms have been breached or where necessary to protect Lipstick London, our customers, Shopify, our service providers or the security and integrity of the Services.
Nothing in this section limits any rights you may have under applicable law.
SECTION 14 – TERMINATION
We may restrict, suspend or terminate your access to the Services where we reasonably believe that you have materially breached these Terms, used the Services unlawfully or fraudulently, or where restriction or termination is reasonably necessary to protect Lipstick London, our customers, our service providers or the security and integrity of the Services.
Where reasonably practicable and appropriate, we will provide notice of such restriction, suspension or termination.
Termination of your access to the Services will not affect any rights or obligations that arose before termination, including any amounts lawfully due or any statutory rights you may have as a consumer.
Any provisions of these Terms which by their nature are intended to continue after termination will remain in effect.
SECTION 15 – DISCLAIMER OF WARRANTIES
We take reasonable care to ensure that the information provided through the Services is accurate and up to date. However, information provided on our website is for general information purposes and, except where required by law, we do not guarantee that all content will always be complete, accurate or current.
We make reasonable efforts to ensure that the Services are available and operate securely and reliably. However, we cannot guarantee that access to the Services will always be uninterrupted, error-free or free from technical issues, as maintenance, updates or circumstances outside our reasonable control may occasionally affect availability.
Product images and colours are displayed as accurately as reasonably possible, but their appearance may vary depending on your device, screen settings, lighting or display configuration.
Nothing in these Terms excludes or limits any rights or remedies you have under applicable consumer law. Products purchased through our Services must be as described, of satisfactory quality and fit for purpose where required by law.
Nothing in this section excludes or limits any warranty, condition, right or liability that cannot lawfully be excluded or limited.
SECTION 16 – LIMITATION OF LIABILITY
Nothing in these Terms excludes or limits our liability where it would be unlawful to do so, including liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law.
If we fail to comply with these Terms, we are responsible for loss or damage that is a foreseeable result of our breach of these Terms or our failure to use reasonable care and skill. Loss or damage is foreseeable if it was an obvious consequence of our breach or if, at the time the contract was entered into, both you and Lipstick London knew that it might occur.
We are not responsible for loss or damage that is not foreseeable, or for loss or damage caused by circumstances outside our reasonable control, except where applicable law provides otherwise.
The Services and products are provided for personal and domestic use. We are not responsible for business losses, including loss of profits, revenue, business opportunities or business interruption, where you use the Services or products for commercial or business purposes.
Nothing in this section affects your statutory rights as a consumer, including your rights in relation to products that are faulty, not as described or otherwise do not comply with applicable consumer law.
SECTION 17 – INDEMNIFICATION
You are responsible for any loss or damage reasonably incurred by Lipstick London as a direct result of your unlawful use of the Services, your fraudulent or malicious conduct, or your deliberate infringement of our intellectual property rights or the rights of a third party.
You will not be responsible for any loss or damage to the extent that it results from our own acts or omissions, or where imposing such responsibility would be prohibited by applicable law.
Nothing in this section affects your statutory rights as a consumer or imposes any liability on you that cannot lawfully be imposed under applicable consumer law.
SECTION 18 – SEVERABILITY
If any provision of these Terms is found to be unlawful, void or unenforceable, that provision will be enforced to the fullest extent permitted by applicable law and, where necessary, the unenforceable part will be treated as severed from these Terms.
The remaining provisions will continue in full force and effect.
SECTION 19 – WAIVER; ENTIRE AGREEMENT
If we do not immediately exercise or enforce any right or remedy available to us under these Terms or applicable law, this does not mean that we waive that right or remedy, and we may exercise or enforce it at a later date.
These Terms, together with our Privacy Policy, Refund Policy and any other policies or terms expressly referred to in these Terms, constitute the agreement between you and Lipstick London relating to your use of the Services and purchases made through our online store.
Nothing in these Terms excludes or limits any rights you have under applicable consumer law.
If any provision of these Terms is unclear or capable of more than one interpretation, it will be interpreted in accordance with applicable consumer law.
SECTION 20 – ASSIGNMENT
You may not transfer or assign your rights or obligations under these Terms to another person without our prior written consent.
We may transfer or assign our rights and obligations under these Terms to another organisation, for example in connection with a transfer, sale or restructuring of our business. Where required by applicable law, we will notify you of such a transfer.
Any transfer or assignment by us will not affect your rights under these Terms or your statutory rights as a consumer.
Nothing in this section limits any rights you may have under applicable law.
SECTION 21 – GOVERNING LAW AND JURISDICTION
These Terms and any contract between you and Lipstick London are governed by the laws of England and Wales.
If you are a consumer resident in another part of the United Kingdom or another country, you may also benefit from any mandatory protections provided by the laws of the country in which you live. Nothing in these Terms affects those rights.
Any dispute or claim arising out of or in connection with these Terms or your purchase of products from Lipstick London will be subject to the jurisdiction of the courts of England and Wales. If you are a consumer resident in Scotland, Northern Ireland or another jurisdiction, you may also be entitled to bring proceedings in the courts of the country in which you live, where applicable law permits.
SECTION 22 – HEADINGS
The headings used in these Terms are included for convenience only and will not limit or otherwise affect their interpretation.
SECTION 23 – CHANGES TO TERMS OF SERVICE
We may update or amend these Terms from time to time, for example to reflect changes to our Services, our business practices, applicable laws or regulatory requirements.
The most current version of these Terms will always be available on this page. Where required by applicable law, we will provide reasonable notice of any material changes.
Changes to these Terms will not affect any orders placed before the changes take effect, unless required by law or expressly agreed with you.
Your use of the Services after updated Terms take effect will be subject to the updated Terms. Nothing in this section affects your statutory rights as a consumer.
SECTION 24 – CONTACT INFORMATION
If you have any questions about these Terms of Service, please contact us using the details below:
Lipstick Retail Ltd, trading as Lipstick London
3rd Floor, 9 Hatton Street
London NW8 8PL
United Kingdom
Email: contactus@lipsticklondon.com
Telephone: +44 (0)20 7298 2700
Company number: 16376177
VAT number: GB 508 3618 90
