Terms of service


1. OVERVIEW
 

1.1 This website is operated by H Cosmetics AB (hereby referred to as “H Cosmetics AB”, “Minolei Cosmetics”, “we”, “us” and “our”). We offer this website, including all information, tools, and Services available from this site to the user (“the user”, “You”, “Your”. Collectively, H Cosmetics AB and the user is hereby referred to as “the parties”), conditioned upon Your acceptance of all terms, conditions, policies, and notices stated here. By visiting our site and/ or purchasing something from us through our store, You engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. 

1.2 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 be bound by these Terms of Service. If You do not agree to all the terms and conditions of this agreement, then 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. 

1.3 You can review the most current 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 and/or changes to 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. 

1.4 Our store is hosted on Shopify Inc (“Shopify”). They provide us with the online e-commerce platform that allows us to sell our products and Services to You. For more information, please review Shopify’s own terms and conditions: Link

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

2. AREA OF APPLICATION 

2.1 These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. 

2.2 Any new features or tools which are added to our store shall also be subject to the Terms of Service unless explicitly stated otherwise by us. 

2.3 Written agreement between the parties and written information provided by us on our website take precedence over these Terms of Service in cases of ambiguity relating to Your purchase. 

3. INTELLECTUAL PROPERTY 

3.1 We are the sole owner of all intellectual property, including without limitation, the brand Minolei Cosmetics and any other brand or product names that is or will be used in or in relation to documents, equipment, software, manuals, creative content, or any other information provided by us, as well as any intellectual property curated through the use of our Service. 

3.2 You agree to not reproduce, duplicate, copy, sell, resell or in any way exploit or use any intellectual property provided by us and/or curated through the use of our Service without our explicit and written consent. 

4. ONLINE STORE TERMS 

4.1 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 and that You (a) have the right, authority, and capacity to enter into this agreement; or, if You are not of legal age to form a binding contract with us, (b) have obtained parental or guardian consent to enter into this agreement. 

4.2 Payment of purchase is made through Shopify Payments. For more information and details, please review Shopify’s own terms and conditions: Link

4.3 For information on how to cancel and/or withdraw Your purchase, claim a refund, or return products purchased from us, please review our refund policy: Link

4.4 You may not use our products for any illegal or unauthorized purpose nor may You, in the use of the Service, violate any laws in Your jurisdiction (including but not limited to copyright laws). 

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

4.6 A breach or violation of any of the Terms will result in an immediate termination of Your Services. 

5. GENERAL CONDITIONS 

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

5.2 You understand that Your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. 

5.3 You agree not to reproduce, duplicate, copy, sell, resell or in any way exploit any portion of the Service, use of the Service, access to the Service or any contact on the website through which the Service is provided, without express written permission by us. 

6. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION 

6.1 We are not responsible if information made available on this site is not accurate, complete, or current. 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 timely sources of information. Any reliance on the material on this site is at Your own risk. 

6.2 This site may contain certain historical information. Historical information, necessarily, is not current and is provided for Your reference only. We reserve the right to modify the contents 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. 

7. MODIFICATIONS TO THE SERVICE AND PRICES 

7.1 Prices for our products are subject to change without notice. 

7.2 We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. 

7.3 We shall not be liable to You or to any third-party for any modification, price change, suspension, or discontinuance of the Service. 

8. PRODUCTS OR SERVICES 

8.1 Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our refund policy: Link

8.2 We have made every effort to display the colors and images of our products that appear at the store as accurately as possible. We cannot guarantee that Your computer monitor’s display of any color will be accurate. 

8.3 We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. 

8.4 We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. 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 prohibited. 

8.5 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. 

8.6 For more information, please review our Refund Policy: Link

9. ACCURACY OF BILLING AND ACCOUNT INFORMATION 

9.1 We reserve the right to refuse any order You place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify You by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. 

9.2 You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update Your account and other information, including Your email address and credit card numbers and expiration dates, so that we can complete Your transactions and contact You as needed. 

10. WAYS OF COMMUNICATION 

10.1 Direct communication between the parties should be made through e-mail and/or other comparable methods of electronic communication unless explicitly agreed otherwise. We are not liable for any harm or damages related to the way of communication. 

10.2 Your e-mail provider’s security solutions for detecting spam, viruses and other malware may filter or reject legitimate electronic communication from us. You are solely responsible for monitoring Your spam or folder and promptly contact us if any expected information from us is not delivered to You. 

11. OPTIONAL TOOLS 

11.1 We may provide You with access to third-party tools over which we neither monitor nor have any control nor input. 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. Any use by You of the optional tools offered through the site is entirely at Your own risk and discretion and You should ensure that You are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We shall have no liability whatsoever arising from or relating to Your use of optional third-party tools. 

11.2 We may also, in the future, offer new Services and/or features through the website including the release of new optional tools and resources. Such new features and/or Services shall also be subject to these Terms of Service. 

12. THIRD-PARTY LINKS 

12.1 Certain content, products, and Services available via our Service may include materials from third parties. 

12.2 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 the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third parties. 

12.3 We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party’s policies and practices and make sure You understand them before You engage in any transaction. Complaints, claims, concerns, or questions regarding third party products should be directed to the third party. 

13. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS 

13.1 If, at our request, You send certain specific submissions (e.g. contest entries) or without a request from us, You send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “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 that You forward to us. We are and shall be under no obligation (i) to maintain any comments in confidence; (ii) to pay compensation for any comments; or (iii) to respond to any comments. 

13.2 We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property, these Terms of Service or applicable law. 

13.3 You agree that Your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. 

13.4 You agree that Your comments will not contain libelous or otherwise unlawful, abusive, or obscene material. 

13.5 You agree that Your comments will not contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. 

13.6 You may not use a false email address, pretend to be someone other than Yourself, or otherwise mislead us or third parties as to the origin of any comments. 

13.7 You are solely responsible for any comments You make and their accuracy. We take no responsibility and assume no liability for any comments posted by You or any third party. 

14. PERSONAL DATA 

14.1 Your submission of personal data through the store is governed by our privacy policy, which can be viewed here: Link

15. ERRORS, INACCURACIES AND OMISSIONS 

15.1 Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or 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. 

15.2 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 in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated. 

16. PROHIBITED USES 

16.1 In addition to other prohibitions as set forth 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 violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit any  malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of 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; (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet; or (l) use services or collect data for analysis, development or improvement of other services of products, e.g. artificial intelligence. 

16.2 We reserve the right to terminate Your use of the Service or any related website for violating any of the prohibited uses. 

17. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY 

17.1 We do not guarantee, represent, or warrant that Your use of our Service will be uninterrupted, timely, secure, or error-free. 

17.2 We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. 

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

17.4 You expressly agree that Your use of, or inability to use, the Service is at Your sole risk. The Service and all products and Services delivered to You through the Service are, except as explicitly stated by us, provided “as is” and “as available” for Your use, without any representation, warranties, or conditions 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 except as explicitly required by law. In such event, our liability shall be limited to the maximum extent permitted by law. 

17.5 In no case shall we, 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 any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from Your use of any of the Service or any products procured using the Service, or for any other claim related in any way to Your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content or product posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. 

17.6 The Parties shall not be considered to be in default or breach of these Terms of Service, and shall be excused from performance or liability for damages to any other party, if and to the extent it shall be delayed in or prevented from performing or carrying out any of the provisions of these Terms of Service, arising out of or from any act, omission, or circumstance by or in consequence of any act of God, labor disturbance, sabotage, failure of suppliers of materials, act of the public enemy, war, invasion, insurrection, riot, fire, storm, flood, ice, earthquake, explosion, epidemic, breakage or accident to machinery or equipment or any other cause or causes beyond such party’s reasonable control (“Force Majeure”), including any curtailment, order, regulation, or restriction imposed by governmental, military or lawfully established civilian authorities, or by making of repairs necessitated by an emergency circumstance not limited to those listed above upon the property or equipment of the party or property or equipment of others which is deemed under the operational control of the party. A Force Majeure event does not include an act of negligence or intentional wrongdoing by a party. Any party claiming a Force Majeure event shall use reasonable diligence to remove the condition that prevents performance and shall not be entitled to suspend performance of its obligations in any greater scope or for any longer duration than is required by the Force Majeure event. Each party shall use its best efforts to mitigate the effects of such Force Majeure event, remedy its inability to perform, and resume full performance of its obligations hereunder. 

18. INDEMNIFICATION 

18.1 You agree to indemnify, defend and hold harmless Minolei Cosmetics and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Your breach of these Terms of Service or the documents they incorporate by reference, or Your violation of any law or the rights of a third party. 

19. SEVERABILITY 

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

20. TERMINATION 

20.1 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. 

20.2 These Terms of Service are effective unless and until terminated by either You or us. You may terminate these Terms of Service at any time by notifying us that You no longer wish to use our Services, or when You cease using our site. 

20.3 If in our sole judgment You fail, or we suspect that You have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and You will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny You access to our Services or any part thereof. 

21. ENTIRE AGREEMENT 

21.1 The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. 

21.2 These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between You and us and governs Your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between You and us including, but not limited to, any prior versions of the Terms of Service. 

21.3 Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. 

22. CHANGES TO TERMS OF SERVICE 

22.1 You can review the most current version of the Terms of Service at any time at this page. 

22.2. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is Your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. 

23. GOVERNING LAW AND DISPUTE RESOLUTION 

23.1 These Terms of Service and any separate agreements whereby we provide You Services shall be governed by and construed in accordance with Swedish law. 

23.2 Any controversy, despite or claim of any nature arising out of, in connection with, or in relation to the formation, interpretation, performance, enforcement, or breach of these Terms of Service, including any claim based on contract, tort, or statute, shall be resolved at the written request of any party by binding arbitration. Any matter to be settled by arbitration shall be submitted to the district court of H Cosmetics AB’s registered office. 

24. CONTACT INFORMATION 

24.1 Questions about the Terms of Service should be sent to us at hello@minolei.com. 

24.2 Our contact information is posted below: 

H Cosmetics AB 
559237-1909 
SE559237190901 

Box 312
751 05 Uppsala, Sweden

hello@minolei.com
+46736533579