MADARA COSMETICS TERMS AND CONDITIONS

1. GENERAL AGREEMENT

AS „MÁDARA Cosmetics” (Latvia), registration No 40003844254, address: Zeltiņu iela 131, Mārupe, LV-2167, Latvia, hereinafter – MÁDARA, ensures the contents available on the website www.madaracosmetics.com, hereinafter –` Website, and provides services in accordance with the terms and conditions outlined below, delivery policy, returns policy, other terms and conditions, as well as the operational policy, description of which is posted on the Website with regard of certain functionality, features or promotions as well as customer service, all of which deemed to be part of and included within these terms and conditions (hereinafter collectively referred to as the Terms and Conditions). By authenticating to the ONLINE STORE section of the Website, you acknowledge that you have read, understood and agree, without limitation or qualification, to be bound by these Terms and Conditions.

Where the consumer purchases cosmetics offered on MÁDARA Website for sale, hereinafter – Goods, via the Internet, such mutual agreement shall be deemed to be a Distance agreement and is subject to provisions of the law of the Republic of Latvia governing the Distance agreement, including but not limited to the Republic of Latvia Act “Consumer Rights Protection Act”, Republic of Latvia Cabinet of Ministers Regulation “Regulation regarding the Distance Agreement”.

If the customer who has ordered or purchased goods on the Website lacks legal capacity or capacity to act, the legal representative of such person (e.g. parents, guardians) shall be liable for ordering and payment for the products. The order is irrevocable in the foregoing situation, as well as the purchase price paid is not refundable.

The Distances agreement for purchase of the Goods shall be deemed to be concluded as of the time of payment for the Goods.

2. PRIVACY

MÁDARA protects fundamental rights and freedoms of the natural persons, especially the right to inviolability of private life, with regard to the processing of data of a natural person in accordance with the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.

MÁDARA processes your personal data by various means for several purposes, depending on whether you are a registered user (see Paragraph 2.2), unregistered user (see Paragraph 2.3), have applied for receipt of newsletters (see Paragraph 2.4), or purchase a gift card (see Paragraph 2.5). The information concerning use of cookies is available in the Privacy Policy.

MÁDARA does not use or share the obtained information that you provide online without a legal ground. MÁDARA is under an obligation to disclose the personal data to government and municipal officials in the cases prescribed by the law. We will be under constraint to disclose the personal information of the consumer when it is required by law.

MÁDARA may process your personal data in a summarized manner for the needs of statistics in order to analyse and improve the services provided.

MÁDARA takes all possible measures for security of the personal information concerning you in order to protect it against theft, loss, abuse, as well as unauthorised access, disclosure, modification, and damage thereof.

2.1. GENERAL RIGHTS

In accordance with the current legislation you have the following rights:

- to request access to your personal data;
- to request rectification or erasure of your personal data, to the extent possible;
- to request restricting or object to processing of your personal data;
- to request movement of your personal data (portability), to the extent possible;
- to withdraw your consent given to process personal data at any time;
- to lodge a complaint to the national personal data protection supervisory authority;
- to contact MÁDARA and obtain additional information about the processing of your personal data.

MÁDARA contact information:
MADARA COSMETICS, AS,
Zeltiņu iela 131, Mārupe, Latvia, LV-2167,
phone: +371 66154811, email: support@madaracosmetics.com.

2.2. REGISTERED USER
2.2.1. CREATING ACCOUNT

Upon registering in the Website and creating your own customer account, hereinafter – Account, your personal data is used in order to enter into an agreement with MÁDARA on creation and maintenance of the Account that is used as a communication channel for concluding the Distance agreement.

Upon creating the Account, you confirm that you are informed that the data you insert is being processed to create and maintain the Account, including, to create and retain your wish list and purchase history, and send you information related to the performance of the Distance agreement, such as information about performance of the order, updates to the order.

MÁDARA needs to receive and process your personal data in order to conclude the Distance agreement using the Account as a communication channel. If you do not provide said personal data, you will not be able to create the Account and conclude the Distance agreement.

In addition, the information contained in the wish list and purchase history is used to improve the services and product offers provided by MÁDARA based on the legitimate interest of MÁDARA to compile the information about the quality of the offered services and products.

The information contained in the Account regarding the concluded Distance agreements (purchased products), including all communication with you, is retained as evidence of the Distance agreement being concluded and performed. This information is stored by MÁDARA based on the legitimate interest to protect its rights and interests in the event of a dispute and the obligation imposed by the law to retain information about the conducted business activities.

Your personal data concerning creating and maintaining the Account and entering into and performing the Distance agreement is processed only by MÁDARA and our business partners, who provide delivery services, IT structures, and payment platforms. The minimum scope of personal data is transferred to the business partners on need-to-know basis.

Within the scope of this purpose, your personal data is processed until you delete the Account, or the storage period set out by the laws of the Republic of Latvia expires, or the statute of limitations for bringing an action in court lapses, whichever sets in later.

2.2.2. RECEIPT OF COMMERCIAL COMMUNICATION

Upon applying to receive commercial notices, such as promotions, special offers, you agree to MÁDARA processing your personal data, which you provide in the Registration form and order placement form, including your geographical location and purchase history.

MÁDARA processes your personal data to send you suitable and appropriate commercial notices. MÁDARA performs various types of profiling by compiling information you have provided in order to analyse what services and products might be of interest to you and send you suitable commercial notices.

Your personal data with regard to sending commercial notices is processed only by MÁDARA and our business partners who provide IT structures, email and SMS message platforms. The minimum scope of personal data is transferred to the business partners on need-to-know basis.

Within the scope of this purpose your personal data is processed until the time you revoke your consent to receive the commercial notices, or, in certain cases, until the necessity to retain evidence of the received consent ceases.

MÁDARA suspends sending commercial notices as soon as your request is processed. However, please take note that the processing of requests depends on technological capacities to act on your request, which may take up to five days.

2.2.3. REVIEWS

Upon leaving a review about the Goods, you agree that your name, the assessment given to the Goods, and the review is published on the Website. If you have created the Account using the option to register via Facebook, your picture of a diminished size appears with the review.

Website and improve the quality of services and products provided by MÁDARA. The reviews posted on the Website are deleted only if the specific product is not on offer anymore.

If necessary, MÁDARA may contact you on the phone or electronically in order to resolve any issues related to the service or product, for which you have left the review. After contacting you MÁDARA will cease using your phone number or email address in connection with the review.

Your personal data with regard to posting the review is processed by MÁDARA and our business partners, who provide IT structures. The minimum scope of personal data is transferred to the business partners on need-to-know basis.

2.3. UNREGISTERED USER
2.3.1. CONCLUSION OF THE DISTANCE AGREEMENT

For the purpose of concluding the Distance agreement MÁDARA needs to obtain and process the personal data specified in the order placement form. If you fail to provide your personal data, you will not be able to conclude the Distance agreement.

MÁDARA compiles and stores the information about your purchase history for the purpose of improving the services and products provided on the basis of the legitimate interest of MÁDARA to compile information about the quality of the offered services and products.

The information contained in the Account regarding the concluded Distance agreements (purchased products), including all communication with you, is retained as evidence of the Distance agreement being concluded and performed. This information is stored by MÁDARA based on the legitimate interest to protect its rights and interests in the event of a dispute and the obligation imposed by the law to retain information about the conducted business activities.

Your personal data with regard to entering into and performing the Distance agreement is processed only by MÁDARA and our business partners who provide delivery services, IT structures, and payment platforms. The minimum scope of personal data is transferred to the business partners on need-to-know basis.

Within the scope of this purpose, your personal data is processed until the time the data storage period set out by the laws of the Republic of Latvia expires, or the statute of limitations for bringing an action in court lapses, whichever sets in later.

2.3.2. RECEIPT OF COMMERCIAL COMMUNICATION

Upon applying to receive commercial notices, such as promotions, special offers, you agree to MÁDARA processing your personal data, which you provide in the Registration form and order placement form, including your geographical location and purchase history.

MÁDARA processes your personal data to send you suitable and appropriate commercial notices. MÁDARA performs various types of profiling by compiling information you have provided in order to analyse what services and products might be of interest to you and send you suitable commercial notices.

Your personal data with regard to sending of commercial notices is processed only by MÁDARA and our business partners who provide IT structures, and email and SMS platforms. The minimum scope of personal data is transferred to the business partners on need-to-know basis.

Within the scope of this purpose your personal data is processed until the time you revoke your consent to receive the commercial notices, or, in certain cases, until the necessity to retain evidence of the received consent ceases.

MÁDARA suspends sending commercial notices as soon as your request is processed. However, please take note that the processing of requests depends on technological capacities to act on your request, which may take up to five days.

2.4. RECIPIENT OF NEWSLETTERS

Upon agreeing to receive newsletters by email, you agree to MÁDARA sending various kinds of commercial notices to the email address you provided.

Your personal data with regard to sending commercial notices is processed only by MÁDARA and our business partners who provide IT structures, and platforms for sending emails. The minimum scope of personal data is transferred to the business partners on need-to-know basis.

Within the scope of this purpose your personal data is processed until the time you revoke your consent to receive the commercial notices, or, in certain cases, until the necessity to retain evidence of the consent received ceases.

MÁDARA suspends sending commercial notices as soon as your request is processed. However, please take note that the processing of requests depends on technological capacities to act on your request, which may take up to five days.

2.5. USER OF THE GIFT CARD

For the purpose of concluding a Distance agreement for the purchase of a gift card, MÁDARA needs to obtain and process the personal data specified in the gift card purchase form, and, if you have indicated a different recipient of the gift card, MÁDARA also processes the name and email address of such person. If you do not provide your personal data, you will not be able to conclude the Distance agreement.

The information regarding the purchase of the gift card, including all communication with you, is retained as evidence that the Distance agreement has been concluded and performed. MÁDARA retains this information based on the legitimate interest to protect its rights and interests in the event of a dispute, and the obligation imposed by the law to retain information about the business activities conducted.

Your and, in certain cases, the gift card recipient’s personal data with regard to conclusion and performance of the Distance agreement is processed only by MÁDARA and our business partners who provide IT structures and payment platforms. The minimum scope of personal data is transferred to the business partners on need-to-know basis.

Within the scope of this purpose, the personal data concerning you and, in certain cases, the recipient of the gift card is processed until the time the data storage period set out by the laws of the Republic of Latvia expires, or the statute of limitations for bringing an action in court lapses, whichever sets in later.

If you submit an application for extension of the gift card validity period for 1 (one) month, this application is retained until the end of the extended validity period of the gift card, unless the applicable law establishes a longer period. These conditions are applicable only to the gift cards that are issued beginning from 1 July 2017.

3. PURPOSE OF THE SITE

This site is created and maintained by MÁDARA and its distribution partners. Site is built to work efficiently as a business to customer communication platform, online sales platform for brand products as well as information source for all product and company related information.

4. PRODUCTS AND SERVICES FOR PERSONAL USE

The products and services available on the Site, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the services or samples thereof, you receive from us. MÁDARA reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.

5. ACCURACY OF INFORMATION

We attempt to be as accurate as possible when describing our products on the Site. If the product related information (description, colours, etc.) has changed, MÁDARA cannot guarantee that at any given moment data posted on the webpage contains all the latest updates.

6. INTELLECTUAL PROPERTY

All information and content available on the Site, including but not limited to trademarks, logos, service marks, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the "Content") is the property of MÁDARA, our affiliates, partners or licensors, and is protected by Republic of Latvia laws and other international laws governing intellectual property protection, including laws governing copyrights and trademarks. Our trademarks may not be used in any manner for any purpose without our express written consent.

7. GOODS

The Goods – the cosmetics sold by MÁDARA are not food products and cannot be used as food. MÁDARA has taken the steps required to ensure that the cosmetics sold by it, hereinafter referred to as Goods, cannot be mistaken in their design, and in particular in their form, scent, colour, appearance, packing, labelling, volume or size, for a food product and does not pose a risk to consumer health and safety.

MÁDARA does not permit the use of misleading statements about the effectiveness of Goods and other properties of cosmetics in regard to consumers and observes principles of good manufacturing practice in the production of cosmetics.

MÁDARA's Goods consist of natural components included in the cosmetics and is safe for human life, health, environmentally friendly, and complies with the provisions of the Goods and Services Safety Law of the Republic of Latvia as well as with international regulations, including Directive No. 2001/95/EEC of the European Council on general safety of products, Directive No. 87/357/EEC of the European Council on the approximation of the laws of the Member States concerning products which, appearing to be other than they are, endanger the health or safety of consumers.

To find out more about the variety of Goods, their characteristics and prices, special offers and their duration click here.

8. PRICING POLICY

Prices on www.madaracosmetics.com are all in EUR, however every local online store working within a particular country can display prices in local currency. Although we try to always keep our prices updated we cannot guarantee that the prices displayed at the time you submit your order are the correct prices applicable to the products at that time. If we receive an order from you indicating different price than that on the website at that time, we will contact you and offer a chance to cancel your order. If we fail to contact you on short notice, your order will automatically be treated as cancelled and you will receive a full refund of any payments made with regard to the particular order.

All prices are subject to VAT tax or other sales taxes where applicable. Depending on delivery destination your order may be subject to additional shipping charges which will be clearly indicated before you have to submit they payment and included in the total order cost.

All duties and taxes required to be paid to receive the shipment in your delivery destination are to be paid by You. MÁDARA is not required to inform you about any such duties or taxes at any time before or after you have placed an order on www.madaracosmetics.com

9. DELIVERY POLICY

All our deliveries are handled with proven track record of reliability and speed. We ask you to review our product Delivery policy to find out arrangement of delivery and execution and to understand the terms of free delivery and additional delivery charges.

10. RETURNS POLICY

Returns of ordered and delivered orders are handled on case by case basis following simple procedures. We ask you to review our Returns policy to make sure you are aware of the options you have for product return and receive information and conditions of cancellation of the agreement.

11. USER RESPONSIBILITIES

In the access or use of the Site, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Site. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or wilfully in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to MÁDARA, our affiliates, partners or licensors.

12. THIRD PARTY LINKS

We are not responsible for the content of any other websites linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, any other websites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all other websites that you visit.

13. LIMITATION OF LIABILITY

You agree that, fully according to applicable law, MÁDARA will not be responsible or liable (whether in agreement, negligence or otherwise), under any circumstances, for any interruption or error occurring from your use of the Site.

You agree that, fully according to applicable law, MÁDARA will not be responsible or liable (whether in agreement, tort (including negligence) or otherwise), under any circumstances, for any (a) interruption of business; (b) access delays or access interruptions to the Site; (c) data non-delivery, misdelivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the site; (e) computer viruses, system failures or malfunctions which may occur in connection with your use of the site, including during hyperlink to or from third party websites (f) any inaccuracies or omissions in content or (g) events beyond our reasonable control.

MÁDARA will not be liable for any indirect, special, incidental, or consequential damages of any kind (including lost profits) related to the Site or your use thereof (or inability to use the site) regardless of the form of action whether in agreement, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages.

14. COPYRIGHT COMPLAINTS

MÁDARA Cosmetics, AS. All Rights Reserved.

All contents of this Site, correspondence (email or postal) as well as marketing materials used to promote the site on third party resources are property of MÁDARA. Reproduction or republishing of any part or all of contents is prohibited except for the following purposes:

License to copy for private use:

You are free to make copies or print parts of contents for reasonable personal use.

License to copy or republish for limited use:

You are free to make copies of the material in print as well as digital for third party to use, only if you identify MÁDARA Site as the source of the contents and materials adding a top level URL (http://www.madaracosmetics.com) to any of these copies which are republished. Also, you have to inform any third party that you share these copies with, that in the event of republishing any such copies the source for all the materials should be indicated as MÁDARA Site, with a top-level URL (http://www.madaracosmetics.com).

15. INDEMNIFICATION

You agree to indemnify, defend and protect us from any harm, losses, damages or costs as well as attorney fees resulting from any third party claim, action or demand resulting from your breach of these terms and conditions, any errors in any of your representations or warranties or your use of this site.

16. DISPUTES

With respect to any dispute regarding the Site, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of Republic of Latvia, as if the Terms and Conditions were a agreement wholly entered into and wholly performed within Latvia.

The agreeing parties acknowledge here that they will try to settle any disputes relating in any way to your visit to the Site or arising from execution, interpretation or termination of this Distance agreement through mutual negotiations.

If parties are unable to settle the arising disputes through peaceful mutual negotiations, all disputes, disagreements or claims shall be settled by courts of the Republic of Latvia, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors, we may seek injunctive or other appropriate relief in any court and you consent to exclusive jurisdiction and venue in any such court.

The parties have agreed on the venue and procedure for dispute resolution according to the provisions of Regulation No. 953/2008 of the European Parliament on the law applicable to contractual obligations (Rome I).

Should there arise a dispute between MÁDARA and the consumer as to whether the provisions of the agreement made between them are unfair, either party may turn to the court referred to in this Section, and the consumer is also entitled to turn to the local Customer Rights Protection authority.

Should there arise a dispute between MÁDARA and the consumer as to the protection of data of natural persons, either party may turn to the court referred to in this Section, and the consumer is also entitled to turn to the local data protection supervisory authority.

17. GENERAL

You agree that these Terms and Conditions represent the complete and up to date agreement between You and MÁDARA, regarding your use of this Site and any of its contents.

MÁDARA has the right to edit and update these terms at any time posting these changes on the Site and indicating any such change by posting a date of the latest update. Any changes applied to Terms and Conditions are effective immediately as they are posted. You agree that by continuing to use the site after any such changes have been applied constitutes your agreement to all changes. MÁDARA reserves the right to terminate or withdraw any rights granted by these terms and conditions. You are required to comply with any such withdrawal or change immediately as applicable, including, if required, ceasing all use of this site.

No part of these terms should be interpreted as creating any kind of partnership or other form of joint venture between you and MÁDARA. An occasion where MÁDARA fails to enforce your performance according to these terms and conditions shall not affect our full right to require such performance at any time before or after. In the event where any provision of these terms and conditions shall be unenforceable or invalid under any applicable law or is ruled to be unenforceable by any applicable arbitrary institution or court decision, such unenforceability or invalidity shall not render these terms and conditions invalid or inapplicable as a whole. In turn these terms and conditions shall be modified, to the extent possible, according to any applicable law in a way to fully reflect the original intent of the parties as was intended in original terms and conditions.

18. FORCE MAJEURE

MÁDARA Cosmetics, AS shall not be held responsible for any delays, failures to fulfil obligation or any other failures that occurred due to circumstances and obstacles that are beyond our reasonable control, which include but are not limited to strikes, governmental actions, wars or national emergencies, terrorism threats or acts of terrorism, environmental or climatic anomalies, failure of performance by a third party, internet connection issues as well as hardware and software malfunction. In the event that any such force majeure occurs we will try to eliminate the delays in the shortest time possible.