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Terms & Conditions

 

 

IN GENERAL

[1] Access to and use of this website and the products and services available through this website are subject to the following terms, conditions and notices. By using the Services you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

[2] Access to this website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or this entire website.

[3] This website also contains links to other websites, which are not operated by Dyefor. Dyefor has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.


INTELLECTUAL PROPERTIES

The intellectual property rights in all software and content made available to you on or through this website, remains the property of Dyefor and are protected by copyright laws and treaties. All such rights are reserved by Dyefor. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this website nor may you use any such content in connection with any business or commercial enterprise.


DISCLAIMER OF LIABILITY

The material displayed on this website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Dyefor and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Dyefor's liability for death or personal injury arising from its negligence, or for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.


LINKING TO THIS WEBSITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
This website must not be framed on any other site, nor may you create a link to any part of this website other than the home page. We reserve the right to withdraw linking permission without notice.


DISCLAIMER

Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and images of third party products, services and/or locations featured on this website are in no way associated, linked or affiliated with Dyefor and you should not rely on the existence of such a connection or affiliation.


INDEMNITY

You agree to indemnify, defend and hold harmless Dyefor, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.


VARIATION

Dyefor shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this website.


INVALIDITY

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.


COMPLAINTS

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.


WAIVER

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.


GOVERNING LAW AND JURISDICTION

These terms and conditions are to be construed in accordance with the laws of England and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the English courts.


ENTIRE AGREEMENT

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Dyefor. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Dyefor.

 

 

PRIVACY POLICY

Privacy Policy (www.dyefor.com Customers)

Tainted Lips Limited, trading as Dyefor (“ we”, “ us” or “ our”) is committed to protecting your privacy and meeting its data protection obligations under the General Data Protection Regulation (“ GDPR”).

This Privacy Policy (together with our Terms of Use https://www.dyefor.com/pages/terms-conditions and any other documents referred to in it) (“ Policy”) sets out the basis on which any personal data we collect from or about you, as a result of your use of our website https://www.dyefor.com/ (“ our website”) or when you communicate with us in person, by telephone, email or post will be processed by us.

This Policy only applies to our use of ‘personal data’ about ‘data subjects’ (as defined by data protection law) which includes personal data relating to our customers and prospective customers who are consumers  (“ you” or “ your”).

We will be the data controller of your personal data which you provide, or which is collected by us via our website or when you communicate with us by telephone, email or post. This means that we are responsible for deciding how we hold and use personal information about you and that we are required to notify you of the information contained in this Policy. It is important that you read this Policy so that you are aware of how and why we are using such information and how we will treat it.

You can contact us using the details provided at the end of this Policy in the “Contacting Us” section.

THE TYPE OF INFORMATION WE COLLECT FROM YOU AND HOW WE WILL USE IT

We will collect various types of personal information from you when use our website and when you communicate with us in person, via telephone, post and email. Further details of the personal data we collect and how we use it are set out below.

In this section, we have indicated with asterisks whether we need to process your personal data:

  • * = to enter into and/or perform our contract with you to provide the products or services you request from us;
  • ** = to pursue legitimate interests of our own or of third parties, provided your interests and fundamental rights do not override those interests;
  • *** = to enable us to comply with our legal obligations; and/or
  • ****= with your consent.

When you open an account with us

If you choose to complete our “Register with us” form (https://www.dyefor.com/account/register) we will collect the following details:

  • - First Name
  • - Last Name
  • - Email Address

In the “Account Details Dashboard” ( https://www.dyefor.com/account) feature you have the option of adding a default address, https://www.dyefor.com/account/addresses. This is not a required action and you can choose to not add any address information. Should you wish to store a default address, you can checkout faster with us. We will collect the following information on this address form:**.

  • First Name (optional)
  • Last Name (optional)
  • Company Name (optional)
  • Address (optional)
  • Country (mandatory)
  • Postal Code (optional)
  • Phone Number (optional)

 The details on this form can be deleted and/or edited at any time.

  When you contact us

 When you use the form on our website to contact us ( https://www.dyefor.com/pages/contact-us) we will collect the following details:

  • Name
  • Email Address
  • Message details of your enquiry

When you contact us by telephone, email or post, we will need to collect from you your Name, Email Address, and order number (if query relates to a specific order), to allow us to locate your account, order and deal with your enquiry, together with any information you provide us with. 

We will only use this information for the purpose of responding to and, to the extent possible, dealing with your enquiry**.

When you sign up to the mailing list using the short sign up form in the footer of the website or via the opt in box at the checkout

When you sign up to the marketing mailing list in the footer of the website or via the opt in box at the checkout we will only ask you for your email address.

Should you opt into email marketing, we will periodically use the email address entered above to contact you regarding new products and special offers****.

When you make a purchase on our Website

When you make a purchase on our website we will collect the following personal data :

 Order Information

  • Any customised information, such as initials or name, in order to personalise your product

Contact Information

  • Email address
  • You have the option at this stage in the checkout to opt into email marketing. Should you opt into email marketing, we will periodically use the email address entered above to contact you regarding new products and special offers.

 Shipping Address

  • First Name
  • Last Name
  • Address, City & Post Code
  • Country 

Credit & Debit Card Payment Information,

Whilst you will be required to enter card payment information, if you wish to complete a transaction, card details are never stored or visible to us. All payment information is securely transmitted from the checkout to Shopify Payments. Shopify is Certified Level 1 PCI DSS Compliant. In order to complete payment you will be required to enter your card information in the form of:

  • Card Number
  • Card Type (automatically detected based on card number)
  • Cardholder Name
  • Card Start Month & Year (if applicable to card type)
  • Expiration Month & Year
  • CVV

We receive notifications of successful and unsuccessful payment attempts, the number of attempts made and number of different cards attempted.

Should you complete a payment using one of the accelerated checkouts, such as Apple Pay or Google Pay, your payment information is securely transmitted to the payment provider.

Billing Address

  • First Name
  • Last Name
  • Address, City & Post Code
  • Country 

Other Uses of our website

We will also process personal information about you to:

  • process your order, take payment, arrange delivery, keep records of payments and carry out analysis for financial purposes*/**;
  • allow you to participate in interactive features of our service, when you choose to do so*/**;
  • allow you to access offers and promotions or enter competitions via our website provided by third parties**;
  • provide you with information about our products, offers, events or promotions we feel may interest you where permitted by law**/****;
  • notify you about changes to the services provided through our website**;
  • ensure that content from our website is presented in the most effective manner for you and your device**;
  • personalise our website to you and provide you with targeted offers**; and
  • deal with any queries, complaints or claims made by you**/***.

 

Automatic Personal Data Collection

When you visit our website we will automatically collect technical information relating to the operating system, platform and device you use via behavioural cookies as is detailed further in our Cookie Policy.

We will use the above information in order to:

  • to administer our website and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes to comply with our legal obligations**/***;
  • to improve our website to ensure that content is presented in the most effective manner for you and for your computer / device**; and
  • as part of our efforts to keep our website safe and secure to comply with our legal obligations**/***.

 We will not carry out any solely automated decision-making using your personal data.

Change of Purpose

We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal information for an unrelated purpose, we will usually notify you and we will explain the legal basis which allows us to do so.

DISCLOSURE OF YOUR INFORMATION

We will share your data with the following categories of companies in order to provide our services to you, as set out in this statement:

  • Companies that we need to use, in order to get your purchases to you, such as delivery and logistics companies, and payment service providers.
  • Professional service providers, that help us with important functions such as IT services, accounting services, marketing, advertising, and hosting our website, and those that help us run our business.
  • Government bodies including tax authorities, law enforcement and fraud prevention agencies, to help fight fraud.
  • Companies approved by you, such as social media sites (if you choose to link your accounts to us), and Apple Pay and Google Pay where you choose to use their accelerated payment service.

We will also disclose your personal information to third parties:

  • in the event that we sell or buy any business or assets, in which case we will disclose your personal data to the prospective seller or buyer of such business or assets;
  • if Tainted Lips Limited or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets; and/or
  • if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our Terms and Conditions ) and other agreements; or to protect the rights, property, or safety of Tainted Lips Limited our customers or others.

Some of our service providers detailed above may be based outside of the European Economic Area or may transfer or allow access to personal data outside of the European Economic Area. Countries located outside the EEA are not governed by European Union (EU) data protection laws. However your personal information will be protected by the safeguards required by EU data protection laws.

Details of the non-EEA countries which your personal data may be processed in and the safeguards in place (including how to obtain a copy of them) may be obtained by contacting us using the details below.

STORAGE OF YOUR PERSONAL DATA  

We will only keep your personal data for as long as we need to in order to fulfil the relevant purpose(s) it was collected for, as set out above in this Policy, and for as long as we are required to keep it for legal purposes. If you are a customer, we will keep your personal data for seven years from the date on which you close your account with us for legal and tax purposes.

We use Shopify to power our website. Once we have received your information, it will be stored securely on Shopifys servers. Shopify use strict procedures and security features to try to prevent unauthorised access, such as password protection, 2-step authentication access controls, firewalls, encryption and anti-virus protection. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our website; any transmission is at your own risk.

It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during your relationship with us.

YOUR RIGHTS

Data protection laws provide you with the following rights to:

  •  request access to your personal information (commonly known as a “data subject access request”). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it;
  • request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected;
  • request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below);
  • request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it;
  • transmit personal data you submitted to us back to you or to another organisation in certain circumstances; and
  • complain to the supervisory authority, which in the United Kingdom is the Information Commissioner’s Office.

You also have the right to object to the processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where we are processing your personal information for direct marketing purposes.

You will not have to pay a fee to access your personal information (or to exercise any of the other rights above). However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.

We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.

If we rely on your consent to process your personal data, (for example if we need your consent to send you direct marketing), you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact us using any of the details set out below in the “Contacting Us” section. Once we have received notification that you have withdrawn your consent, we will stop processing your information for the purpose(s) you originally agreed to, unless we have legal basis for doing so.

CHANGES TO OUR POLICY

Any changes we make to our Policy in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to our Policy.

CONTACTING US

If you have any queries, comments or requests regarding this Policy or you would like to exercise any of your rights set out above, you can contact us in the following ways:

  • by email to taintedlipsltd@gmail.com;
  • by telephone at +44 (0) 7464 992101 - please ask to speak with the Legal Department; or
  • by post at Tainted Lips Ltd, 31 Abbey Road, Grimsby, Lincolnshire, DN32 0HQ

 

SHOPIFY

We host our store on Shopify Inc, they provide us with the online e-commerce platform that allows us to sell our products and services to you. All your data is stored through Shopify's data storage, databases and the general Shopify application, all data is stored behind a firewall on a secure server. 

Payment:

If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.

All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover.

PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

 

PROHIBITIONS

You must not misuse this website. You will not: commit or encourage a criminal offence; transmit or distribute a virus or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offence under the Computer Misuse Act 1990. Dyefor will report any such breach to the relevant law enforcement authorities and disclose your identity to them. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website or to your downloading of any material posted on it, or on any website linked to it.

 

 

TERMS OF SALE

[1] By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

[2] Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to mainland UK and subject to any delays resulting from postal delays or for uncontrollable forces which we will not be responsible. Please see our Delivery Charges notice for further information.

[3] In order to contract with Dyefor you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us.

[4] Dyefor retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will always be Dyefor. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. All prices advertised are subject to such changes.

[5] OUR CONTRACT - When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.

[6] PRICING AND AVAILABILITY - Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
All prices are inclusive of VAT. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.

[7] PAYMENT - Upon receiving your order we carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorisation check has been completed. Your card will be debited once the order has been accepted.

[8] DISCOUNT CODES - Discount codes may from time to time be offered to account holders; such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered. Promotional discount codes - We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made though this Website. The conditions of use relating to any discount code will be specified at the time of issue. All discount codes apply to full price items only.

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