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Terms

Terms of Service

Last Updated on June the27th, 2019

WELCOME TO GAYA COSMETICS WEBSITE.

PLEASE READ THIS TREMS OF SERVICE CAREFULLY PRIOR TO USING THE WEBSITE.

INTRODUCTION

GAYA COSMETICS LTD (“we,” or “us”) is the owner of gayacosmetics.com (“website”) and any related products and services as may offered by us from time to time (collectively with the website referred to as the “Services”). By using the Services in any way, the user (“you”, “user”) accept these Terms of Service (“Terms”) and you also acknowledge that you read and understood our PRIVACY POLICY all of which form a binding legal agreement between you and us (“Agreement”).

Prior to using the Services, it is important for you to know and understand that by using the Services, you are agreeing to accept certain liability limitations and legal disclaimers, which we further explain throughout the Agreement. In other words, your use of the Services is at your own risk, and we do not assume any liability, or make any warranties of any kind, express or implied, with respect to the Services and your ability or inability to use them.

IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS OF THE AGREEMENT, INCLUDING OUR PRIVACY POLICY, DO NOT USE THE SERVICES.

By using the Services, you consent to receiving the Agreement in electronic form. To withdraw this consent, you must cease using them.

ABOUT GAYA COSMETICS

The origin of the name Gaya Cosmetics is Greek, meaning “mother nature”.

The concept is inspired by the earth. All of the brand’s powder form makeup is produced from natural minerals, a gift from mother earth herself.

The Gaya Cosmetics brand stores are also designed in a style that is inspired by earth, using rock designs and earth tone palettes.

The brand is manufactured in Italy, under strict supervision of the company and applicable regulators.

Our secret is our ingredients: 100% minerals, without artificial additives that are commonly used by cosmetics companies to add volume and scent to products, which might irritate the skin (such as fragrance, talc and parabens).

It is our main concern that not only will the product provide a perfect look, but that it will help improve the skin overtime.

Besides the mineral makeup line, Gaya Cosmetics offers a luxurious range of skincare, enriched with minerals, natural oils; plant extracts and gentle acids that help the skin maintain its moisture level, elasticity and health. Examples:

Oils: Avocado oil, sweet almond oil.

Plant extracts: Hamamelis, Aloe Vera, and Chamomile.

Acids: Salicylic acid, Kojic acid and Dead Sea salt.

We do not test on animals and does not support animal testing. Our products are cruelty free and do not contain animal derived components (our lipstick and lip-balm contain beeswax which can be considered by vegans as an animal derived component).

Our skincare products contain very gentle stabilizers and fragrance. That means they are NOT 100% natural.

At our Website you will find:

  • That no minimum purchase amount is required.
  • That we provide easy, stat of the art online experience
  • Competitive pricing
  • Immediate availability – all items listed are ready for delivery.

Our Services are secured and logistically smart. So, say goodbye to bulk orders, time-consuming product searches and frustrating price comparisons.

When buying an item, you agree that you are responsible for reading the full item listing before making the purchase, you are responsible for having a valid payment method and that you understand that you enter into a legally binding contract to purchase the item.

Please note: we have no control over any tax or custom issues.

HAVING AN ACCOUNT WITH GAYA COSMETICS

Certain features of the Website may require registration, such as purchasing a product, or otherwise ask you to provide information to access certain content. The decision to provide this information is purely voluntary. However, if you elect not to provide the requested information, you may not be able to access certain content or use certain features of the website.

Either way, when registering your account, you must be over 18 years old or more and capable of lawfully using our Services.

When registering you must choose a username and a password which we strongly advise you to keep safe.

You agree that you will not provide any false personal information to the Website, or create an account for anyone other than yourself without their permission. You will also not create more than one account for yourself

The information you provide during registration must be accurate and you must promptly update such information so it remains accurate at all times.

You accept responsibility for all activities that occur under your account, email or password, if any, and agree you will not sell, transfer or assign your account. Gaya Cosmetics may, in its sole discretion, and at any time, with or without notice, terminate your password and account, for any reason or no reason at all. If we disable your account, you agree that you will not create another one without our permission.

REMEMBER: YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR ACCOUNT AND ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES THAT OCCUR UNDER YOUR ACCOUNT.

PURCHASE PROCEDURE & SHIPPING 

To purchase a product through the website, choose your product and fill in information such as name, address, email address, phone number and your selection of the payment method (you may use one of our current payment services provider such as known credit card companies, Pay-Pal, Stripe or via a bank transfer). Make sure to provide correct information, otherwise we cannot ensure the completion of the reservation.

The filling of all the details required for the purchase of the product will be considered as processing an order by you (the “Order”). Upon receipt of the order, we will inspect the details you provided, and only after confirmation by the relevant payment services provider you chose, the purchase can be approved by us.

Final confirmation is also subject to the availability of the products in stock.

The shipping date will be determined from the date of approval by the relevant payment service provider.

If the order has not been approved, you will receive an e-mail message. To complete the order you will be required to contact our customer service to gain approval. Please note that in case no confirmation of the transaction was obtain, we will be entitled to cancel the order.

All products are ready to ship within Europe 2 business days (Sunday through Thursday, not including Friday, Saturday and applicable holidays) of completion of the order.

Shipping costs are as listed below:

UK – When you place an order over £25 within the UK – FREE DELIVERY

UK – your order is under £25 – Standard UK delivery (up to 5 days) – £4.99

UK – If your order is under £25 – Next day delivery – £8.99

Europe – When you place an order over £40 within Europe – FREE DELIVERY

Europe – If your order is under £40 – £9.99 / up to 10 days

International – £9.99 – Please allow up to 10 working days.

We will provide only products which were paid in full, as described above, to the address which you entered during the ordering process.

Shipping fees are to be added automatically.

We will not be responsible for any delay in supply and/or non-supply caused by events not under our control such as force majeure events, including strikes lockouts and the like.

You must immediately notify us in case the product is not delivered during the specified delivery period.

When supplying the product our representative may demand the presence of the credit card holder at the time of product delivery, and/or presenting an ID card of the credit card holder and/or the credit card holder’s signature on the voucher as a condition for delivering the product.

As for next day deliveries, if an order has been placed during the weekend (Saturdays, Sundays) the next day delivery day of receipt would be the following Tuesday. Next day deliveries orders should be made by 13:00 otherwise they will be sent out the following day.

RETURN & CANCELLATION POLICY  

Cancellation of the order is subject to the return of the product to us, sealed in its original packaging, complete and/or with no damage and/or flaw and/or defect and/or corruption of any kind whatsoever (“Sealed Product“).

In accordance with applicable law, in case of a return of a Sealed Product, you may cancel your order within 14 days of receipt of the product and we shall fully refund you after deducting 5% of the product value or the equivalent of 100 NIS (New Israeli Shekel), the lower of the two.

The product should be couriered to our office address as detailed under this Agreement. Shipping costs of the returned product are non-refundable. It is advised that the return packets should be strongly and adequately packaged so that there is no further damage of goods in transit.

In case it was discovered that the product was out of stock, we may cancel the order or offer a replacement product of equal value.

We will process the refund after receipt of the product. Refund will be refunded to the credit card you made the order with (or to the bank account in case of a bank transaction) within 7 working days and the refund will reflect in the next statement.

CONTENT

The website, including but not limited to text, designs, graphics, logos, photographs, videos, audio, downloads, interfaces, software, and features, and the design, selection and arrangement thereof and all intellectual property associated with the foregoing, but specifically excluding Third-Party Content (collectively, the “Content”), are owned by us, our affiliates, and/or our licensors. We grant you a limited, non-transferable, non-sublicensable, non-exclusive license to access and use the website, and download and print the Content, for your personal and non-commercial informational use only, provided you do not remove any copyright, trademark or other proprietary notice that appears on the Content. Any other use of the Website or any Content, including but not limited to the modification, distribution, performance, broadcast, publication, licensing, copying of source code or images, reverse engineering or resale of, or the creation of derivative works from the Website or any Content, is prohibited, except as expressly permitted by applicable law. You agree to abide by all additional restrictions displayed on the Website as they may be updated from time to time. We may revoke this license at any time for any or no reason. All rights not expressly granted are reserved by the applicable rights owner. You will not: (i) use any hardware or software intended to damage or interfere with the proper working of the Website; (ii) intercept any system, data or personal information from the Website; or (iii) interrupt or attempt to interrupt the operation of the Website in any way. We reserve the right, in our sole discretion, to limit or terminate your access to or use of the Website, in whole or in part, at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which we may be entitled at law or in equity.

All information presented on the Website is intended to be used for personal, educational or informational purposes only. You are responsible for seeking the advice of appropriate professionals concerning information, opinions and products available through the Website. Our products are not intended to diagnose, treat, cure or prevent any condition or disease. All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients of products to avoid potential allergic reactions. Minors should use our products only with the permission of a parent or legal guardian.

Products may vary slightly from their pictures. The images of the products on our Website are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that a device’s display of the colors accurately reflects the color of the products.

While we will take reasonable care to ensure that the details, descriptions, images and prices appearing on the Website are correct at the time the information was entered onto the system, to the fullest extent permitted by applicable law, we do not warrant that the product descriptions, colors or other content on the Website are accurate, complete, reliable, current or error-free.

Certain content, features and functionality on the Website (“Third-Party Content”), which may include, for example, general information, information about our company or about third parties, or interactive tools, may be owned and operated by third parties (collectively, “Third-Party Providers”). We may, but are not obligated to, monitor or review any areas on the Website containing Third-Party Content. The inclusion of Third-Party Content is not, and should not be construed as, our endorsement of such Third-Party Content. Your use and interaction with such Third-Party Content may be subject to separate terms and conditions of Third-Party Providers. If you access Third-Party Content, you will comply with the terms and conditions that apply.

WE ACCEPT NO RESPONSIBILITY FOR THIRD-PARTY CONTENT AND HEREBY DISCLAIM ALL LIABILITY RELATED TO IT.

PROHIBITED USE

In connection with using or accessing the Services you will not breach or circumvent our policies, the Agreement, any laws or third-party rights or fail to pay for items purchased.

You may not use any “deep link,” “page-scrape,” “robot,” “spider” or other automatic device, program, algorithm or methodology or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. You may not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any of our servers, or to any of the services offered on or through the Website, by hacking, password “mining” or other illegitimate means. The consumer-facing portions of the Website are for the user’s personal and non-commercial use only.

If we believe you are breaching the Agreement or abusing our Services in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account and access to our Services, remove any special status associated with your account, remove, not display, and/or demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services.

We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services. Additionally, we reserve the right to refuse or terminate all or part of our Services to anyone for any reason at our discretion.

INTELLECTUAL PROPERTY

The name “Gaya”, Gaya Cosmetics” and all trademarks, trade names, service marks, trade dress, page headers, custom graphics, button icons and scripts, Content and Third-Party Content displayed on the Website, including its look and feel (collectively, the “IP”) are the property of Gaya Cosmetics and may not be copied, imitated or used, in whole or in part, without our prior written consent.

Except as specifically provided in the Agreement, nothing shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any IP without our prior written consent

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY; RELEASE; INDEMNITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT YOUR USE OF THE WEBSITE, CONTENT, THIRD-PARTY CONTENT, LINKS AND THIRD-PARTY WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE, CONTENT, THIRD-PARTY CONTENT, LINKS AND THIRD-PARTY WEBSITE AND RELATED SERVICES AND PRODUCTS ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES AS TO: (I) MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NONINFRINGEMENT AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; (II) RESULTS TO BE DERIVED FROM THE USE OF THE WEBSITE; (III) WHETHER THE CONTENT AND THIRD-PARTY CONTENT IS TRUE, COMPLETE, ACCURATE, NON-MISLEADING OR TIMELY; AND (IV) THE ABSENCE OF ANY VIRUSES OR OTHER HARMFUL CODE IN THE WEBSITE, CONTENT AND THIRD-PARTY CONTENT. WE DO NOT REPRESENT, COVENANT OR WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE.

Reference to any product or service of any third party does not constitute or imply its endorsement or recommendation by us. Views and opinions of users of the website do not necessarily state or reflect our views and opinions.

For example, we do not warrant that the products are suitable for you, that they will meet your needs or that the Services will be permitted in your jurisdiction or that the Services will be uninterrupted or error-free or that we will continue to support any particular feature of the Services.

Your use of the services is therefore at your own risk.

We do not make any claims or warranties regarding the use and the accuracy of the service or as to the accuracy of the content displayed on the website. The services, including the products may not suit everyone.

in no event we and any other party involved in producing, hosting, or delivering the services be liable to you or to any third party for any damages whatsoever, including (without limitation) special, indirect, consequential or incidental damages including any damages resulting from use of or reliance on the Services and loss of profits or revenues and our total liability to you shall not exceed the payments you paid to us over the three (3) months preceding your claim(s).

To the extent any disclaimer or limitation of liability in this agreement does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Services, and no warranties shall apply after such period.

Without limiting the foregoing, you acknowledge that we do not undertake that the services will operate without mistakes or be errors free or that the services are accurate or produce the results you expect or anticipate. We assume no responsibility and liability for, and make no representations with respect to, the accuracy of the services and for any action taken that is based on the services.

The services are continually under development and we make no warranty of any kind, implied or express, as to its accuracy, completeness or appropriateness for any purpose.

If you do not accept this limitation of liability, you are not authorized to use the services as your use of them amounts to your consent with the agreement.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, OUR AFFILIATES OR OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, CONTRACTORS, EMPLOYEES, AGENTS, LICENSORS OR THIRD-PARTY SERVICE PROVIDERS, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF USE, OR LOSS OF BUSINESS, ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OF USE OR YOUR USE OR INABILITY TO USE THE WEBSITE, OR ANY CONTENT, SERVICES, LINKS, OR THIRD-PARTY CONTENT MADE AVAILABLE ON THE WEBSITE OR ON ANY THIRD-PARTY WEBSITE, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF WE OR ANY OF OUR AFFILIATES OR APPLICABLE SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES (COLLECTIVELY, THE “EXCLUDED DAMAGES”). YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER WE NOR ANY OF OUR AFFILIATES, SERVICE PROVIDERS, LICENSORS OR REPRESENTATIVES WILL BE LIABLE TO YOU FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE WEBSITE. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE OUR LIABILITY FOR: (A) FRAUD OR FRAUDULENT MISREPRESENTATION; (B) DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE; OR (C) ANY OTHER LIABILITY WHICH WE CANNOT EXCLUDE OR LIMIT BY LAW.

The internet may be subject to breaches of security. We are not responsible for any resulting damage to any user’s computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. You should also be aware that email submissions over the Internet may not be secure, and you should consider this before submitting any information to anyone over the internet.

To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless us, our affiliates and our respective officers, directors, shareholders, employees, contractors, agents, licensors, third-party service providers, successors and assigns from and against any claims, judgments, awards, losses, liabilities, expenses, damages, costs, fines, penalties and fees (including reasonable attorneys’ and experts’ fees and court costs) (collectively, “Losses”) arising out of or relating to (i) your use of the Website, Content or Third-Party Content other than as expressly authorized in this Agreement; (ii) your violation of any terms of use or similar terms provided by Third-Party Providers with respect to any Third-Party Content; or (iii) claims arising from your fraud, intentional misconduct, criminal acts or gross negligence. If you cause a technical disruption of the Website or the systems transmitting the Website to you or others, you agree to be responsible for any and all Losses arising or resulting from that disruption. This provision does not apply to intentional or reckless acts or gross negligence on our part. You will cooperate as fully and as reasonably required by us in defense of any claim.

LINKS
The Website may contain links to other websites, some of which may be operated by us and others of which may be operated or controlled by third parties (“Third-Party Website”), including links contained in advertisements, such as banner advertisements and sponsored links. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. The inclusion of links to Third-Party Website is not, and should not be viewed, as our endorsement of the Third-Party Website or any content therein. Different terms and conditions apply to your use of Third-Party Website.

WE HAVE NO CONTROL OVER THE CONTENT OF THIRD-PARTY WEBSITE, AND ACCEPT NO RESPONSIBILITY FOR THEM AND HEREBY DISCLAIM ALL LIABILITY RELATED TO THEM. IF YOU DECIDE TO ACCESS ANY THIRD-PARTY WEBSITE, YOU DO SO ENTIRELY AT YOUR OWN RISK AND SUBJECT TO THE TERMS AND CONDITIONS OF USE FOR SUCH THIRD-PARTY WEBSITE.

JURISDICTION & GOVERNING LAW

This Agreement and any dispute between you and us shall be governed by the laws of the state of Israel without regard to principles of conflicts of law.

You hereby consent to the exclusive jurisdiction and venue of courts in Tel-Aviv, Israel in all disputes arising out of or relating to the use of the Agreement. Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including, without limitation, this provision.

IN GENERAL

Except as otherwise provided in the Agreement, if any provision of the Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.

Headings are for reference purposes only and do not limit the scope or extent of such Section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of the Agreement.

To the fullest extent permitted by applicable law, we reserve the right in our sole discretion, to change, modify, add or remove any portion of the Agreement, in whole or in part, at any time, by posting revised Agreement on the Website. It is your responsibility to check for any changes we make to this Agreement each time you use the Website or any portion thereof. If you access or use the Website in any way after the Agreement have been changed, you will be deemed to have read, understood and unconditionally consented to and agreed to such changes. The most current version of the Agreement will be available on the Website and will supersede all previous versions of the Agreement. No changes to or waiver of any part of this Agreement shall be of any force or effect unless formally posted or made in writing and signed by a duly authorized officer of Gaya Cosmetics.

The policies and terms posted on our Services may be changed from time to time. Changes take effect when we post them on the Website.

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

The Agreement and all terms and polices posted through our Services set forth the entire understanding and agreement between you and Website, and supersede all prior understandings and agreements of the parties.

We have no obligation to screen or monitor any content and do not guarantee that any content made available on the Services complies with this Agreement or is suitable for all users.

We may supply, deliver or provide the Service via its affiliates and other third parties. By agreeing to the Agreement you accept that under no circumstances we shall be liable for any consequences caused by an act or omission by our affiliates and third parties not under our direct control.

You are responsible for compliance with all local laws. You agree that you will not use the Services in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Our failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this agreement or use of the Services.

You understand and agree that we may terminate your account and/or prohibit you from accessing the website, in whole or in part, in case you breach the Agreement, at any time in our sole discretion, with or without notice. We shall not have any liability to you or any other person for any such act. In addition, any violation of this Agreement may be referred to law enforcement authorities.

HOW TO BE IN TOUCH

If you have any questions or comments about the Agreement or the Website, please contact our Customer Service by e-mail: info@gayacosmetics.com or through the ‘Contact Us’ form on the website. Customer service will make every effort to refer to each request within 72 business hours.

In order for us to provide you with the Services, We may contact you by e-mail (but in some cases we may contact you using autodialed or prerecorded calls and text messages, at any telephone number that you have provided us), to: (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a dispute; (iv) collect a debt; (v) poll your opinions through surveys or questionnaires; or (vi) as otherwise necessary to service your account or enforce the Agreement, our policies, applicable law, or any other agreement we may have with you. We may also contact you for marketing purposes (e.g., offers and promotions), if you consent to such communications. Our collection, use, disclosure, retention, and protection of your personal information is governed by the Privacy Policy. If you do not wish to receive such communications, you may change your communications preference at any time, thru your account.

NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from us electronically. We may provide all such communications by email or by posting them on the Website.

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