Terms of Use

Top Favorite Cosmetics Terms of Use

Last Updated: September 3 2024

Welcome to the Top Favorite Cosmetics website. By accessing or using our website located at www.topfavoritecosmetics.com, you agree to comply with and be bound by these Terms of Use. These terms govern your access and use of our website and services. If you do not agree with these terms, please do not use our website.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR WEBSITE.

1. Acceptance of Terms

Agreement: These Terms of Use constitute a legally binding agreement between you (“user,” “you,” or “your”) and Top Favorite Cosmetics (“company,” “we,” “us,” or “our”).

Modifications: We reserve the right to modify, amend, or update these Terms of Use at any time without prior notice. Any changes will be effective immediately upon posting on this page, with an updated effective date. Your continued use of the website after any such changes constitutes your acceptance of the new Terms of Use.

2. Eligibility

Age Requirement: By using this website, you represent and warrant that you are at least 18 years old or the age of majority in your jurisdiction, and have the legal capacity to enter into this agreement.

Compliance: You agree to comply with all applicable laws and regulations of the Republic of Kenya while using our website and services.

3. Use of the Website

Permitted Use: You are granted a non-exclusive, non-transferable, revocable license to access and use our website strictly in accordance with these Terms of Use.

Account Registration:

  • Accuracy: When creating an account, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
  • Security: You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

Prohibited Activities: You agree not to:

  • Use the website for any unlawful purpose or in violation of any local, national, or international law.
  • Transmit any harmful, threatening, defamatory, obscene, or otherwise objectionable content.
  • Upload or transmit viruses, malware, or any other malicious code.
  • Attempt to gain unauthorized access to any portion or feature of the website, or any other systems or networks connected to the website.
  • Engage in any activity that interferes with or disrupts the website or the servers and networks that host the website.
  • Use any automated systems or software to extract data from the website for commercial purposes (“screen scraping”).

4. Intellectual Property Rights

Ownership: All content on this website, including but not limited to text, graphics, logos, images, audio clips, video clips, and software, is the property of Top Favorite Cosmetics or its content suppliers and is protected by Kenyan and international copyright, trademark, and other intellectual property laws.

Limited License: You may access and view the content on the website for personal, non-commercial use only. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this website is strictly prohibited without our prior written consent.

Trademarks: All trademarks, service marks, and trade names used on the website are proprietary to Top Favorite Cosmetics or their respective owners. Unauthorized use of any trademark displayed on the website is strictly prohibited.

5. Product Information and Pricing

Product Descriptions: We strive to ensure that all product descriptions and images are accurate and up-to-date. However, we do not warrant that the descriptions, colors, or other content available on the website are complete, reliable, current, or error-free.

Pricing: All prices displayed on the website are in Kenyan Shillings (KES) and include applicable taxes unless stated otherwise. We reserve the right to change pricing at any time without prior notice.

Order Acceptance:

  • Right to Refuse: We reserve the right to refuse or cancel any order for any reason, including but not limited to product availability, errors in product or pricing information, or suspicion of fraudulent activity.
  • Order Confirmation: Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell.

Availability: All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any product at any time.

6. Payments

Payment Methods: We accept various forms of payment, including credit cards, debit cards, and mobile money transfers. All payments are processed securely, and your payment information is handled in compliance with applicable security standards.

Billing Information: You agree to provide current, complete, and accurate billing and account information for all purchases made through our website.

Payment Authorization: By providing your payment information, you authorize us to charge the specified amount to your chosen payment method.

7. Shipping and Delivery

Delivery Policy: Please refer to our Delivery Policy for detailed information regarding shipping methods, costs, and delivery times.

Risk of Loss: All purchases are made pursuant to a shipment contract. The risk of loss and title for such items pass to you upon our delivery to the carrier.

8. Returns and Refunds

Return Policy: Please refer to our Return and Refund Policy for detailed information regarding returns, exchanges, and refunds.

9. Privacy

Privacy Policy: Your use of our website is also governed by our Privacy Policy, which is incorporated into these Terms of Use by this reference. Please review our Privacy Policy for information on how we collect, use, and disclose personal information.

10. Disclaimer of Warranties

As-Is Basis: The website and all content, materials, products, and services provided on the website are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied.

No Warranty: We do not warrant that the website will be uninterrupted, error-free, secure, or free from viruses or other harmful components. We do not make any warranties or representations regarding the use of the materials on this website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability, or otherwise.

Applicable Law: Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you.

11. Limitation of Liability

No Liability: To the fullest extent permitted by applicable law, Top Favorite Cosmetics, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind arising from your use of any of the services or products procured using the website.

Maximum Liability: In no event shall our liability exceed the amount you paid for the product or service that is the subject of the claim.

Third-Party Links: Our website may contain links to third-party websites. We are not responsible for the content or privacy practices of such websites and shall not be liable for any damages or injury arising from that content.

12. Indemnification

Your Agreement: You agree to indemnify, defend, and hold harmless Top Favorite Cosmetics and its affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees 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 Use or your violation of any law or the rights of a third-party.

13. Governing Law and Jurisdiction

Applicable Law: These Terms of Use and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the Republic of Kenya.

Dispute Resolution: Any disputes arising out of or relating to these Terms of Use shall be subject to the exclusive jurisdiction of the courts located in Nairobi, Kenya.

14. Termination

Right to Terminate: We reserve the right to terminate or suspend your access to our website and services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms of Use.

Effect of Termination: Upon termination, your right to use the website will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

15. Severability

Severability: If any provision of these Terms of Use is found 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 severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.

16. Entire Agreement

These Terms of Use, together with our Privacy Policy, Return and Refund Policy, and any other legal notices published by us on the website, constitute the entire agreement between you and Top Favorite Cosmetics concerning your use of the website and services, and supersede all prior and contemporaneous agreements, proposals, and communications.

17. Contact Information

If you have any questions or concerns about these Terms of Use, please contact us:

Top Favorite Cosmetics
Address: Ground Floor, Njogu-ini Building, Mfangano Street, Nairobi CBD, Kenya
Email: sales@topfavoritecosmetics.com
Phone/WhatsApp: +254716446165

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