Terms & Conditions
TERMS & CONDITIONS OF USE
These Terms and Conditions of Use ("Terms of Use") govern your access to and use of the Website https://danessamyricksbeauty.eu/ (the "Website") and the purchase of Products made available on the Website. Any reference to "we"/"us"/"our"/”Danessa Myricks Beauty Europe SRL” refers to Danessa Myricks Beauty Europe SRL. Any reference to "you"/"your" refers to the user of the Website.
By accessing this Website or placing orders to purchase any Products on the Website, you agree to be bound by these Terms.
TERMS & CONDITIONS OF SALE
These Terms and Conditions of Sale ("Terms of Sale") govern your purchase of any Products or service ("Products") through our European Union Website, https://danessamyricksbeauty.eu/ (the "Website"), or directly from us. These Terms of Sale should be read in conjunction with our Website Terms and conditions ("Terms of Use") and our Privacy and Cookies Policy ("Privacy and Cookies Policy"). By ordering a Products from us, you agree that you have read, understood, and consent to these Terms of Sale, the Privacy and Cookies Policy, and the Terms of Use (as may be amended from time to time). If you do not agree to these Terms of Sale, you must not use our Website or order any Products from us. Note that these Terms of Sale do not apply to Products purchased from third-party retailers or resellers, for which you should refer to the relevant retailer or reseller's Terms and conditions of sale.
Changes to Terms
We reserve the right to amend or modify our Terms at any time, including for legal, regulatory, or security purposes. Significant changes will be prominently indicated on the Website and/or communicated via email. It is your responsibility to review the Terms periodically for updates. If you disagree with any modifications, you must cease using the Website. Your continued use of the Website constitutes acceptance of the revised Terms.
If you have any questions, concerns, or comments about our Terms, please contact us. We encourage you to print a copy of these Terms when you accept them during the setup of your account or the order process, for future reference.
Company Information
Danessa Myricks Beauty Europe SRL
Trade Register No. J18/724/2021
Tax Identification No. RO44485641
Address: 100, Panduri Street, Targu Jiu, Gorj County, 210178, Romania.
For any questions regarding these Terms of Sale or to contact us for any reason, please use the "Contact Us" section on the Website.
Customer Information
By ordering Products from us, you confirm that you are aged 18 years or over.
If any of the above conditions are not met, you must not order any Products from this Website. We reserve the right, at our sole discretion, to refuse or cancel your order.
Products Descriptions
All Products descriptions and images provided on the Website are given in good faith for guidance purposes only. The actual Products may vary. The packaging of Products may differ from that shown in images on our Website. Although we strive to display colors accurately, we cannot guarantee that your device's display will accurately reflect the actual color of the Products. The images of Products on our Website are for illustrative purposes only and may slightly differ from the actual Products.
Pricing and Payment
Prices displayed on www.danessamyricksbeauty.eu are in Euros and are subject to change at our discretion without prior notice. By placing an order on the Website, you irrevocably agree to pay the total amount of the ordered Products. During the order registration process, you will be redirected to the Websites of our partners for payment purposes and your personal data will be collected accordingly.
The prices listed on the Website are generally accurate, but errors can occur. If a pricing error is discovered before dispatch, the client will be informed and given the option to reconfirm the order at the correct price or cancel it.
In the event of an error in the price of the Products ordered, we will inform you and offer the option to purchase the Products at the correct price or cancel the order. The order will be processed only upon receiving your further instructions. If no instructions are provided, the order will be canceled. Note that if the pricing error is obvious and could have been recognized as a mispricing, we will not ship Products at the incorrect price.
Promotional discounts will not be combined with PRO discounts. The larger of the discounts, benefiting the customer, will be applied. We endeavor to keep prices up-to-date on the Website, but we reserve the right to alter prices at any time. If the price of your Products changes after you have ordered, we will not refund or credit the difference in price, including sale price adjustments.
Use of Information and Products
The material and information presented by Danessa Myricks Beauty Europe SRL on the Website or with any Products sold through the Website are intended for informational purposes only. These statements and 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. Always check the ingredients of Products to avoid potential allergic reactions. The use of the Website does not substitute professional medical advice. For any personal health concerns, consult with your physician or healthcare practitioner before using or relying on any goods, Products, or information from the Website.
Intellectual Property Rights
All text, graphics, photographs, copyrights, trademarks and any other intellectual property, material, or content available on this Website are owned by Danessa Myricks Beauty Europe SRL, our licensors and our Affiliates. An Affiliate is any entity that directly or indirectly controls, is controlled by, or is under common control with another entity (Affiliates). The material on this Website is made available for your personal and non-commercial use only.
You acknowledge that Danessa Myricks Beauty Europe SRL and its Affiliates own all present and future intellectual property rights in relation to the Products ("IPR"). If any IPR vests in you by operation of law or otherwise, you hereby assign to us all rights, titles, and interests in such IPR worldwide, including any renewals and extensions. You unconditionally and irrevocably waive any moral rights you may have now or in the future concerning the Products. You agree to execute all necessary deeds, documents, acts, and things as we may reasonably require to assign any IPR to us, to carry out the intended purpose of these Terms of Sale, or to establish, perfect, preserve, or enforce our rights under these Terms of Sale.
Promotion Codes
From time to time, we issue Discount Codes that can be entered on the "Order Summary" page. Codes are case and space sensitive, and only one code may be redeemed per order. For questions about Discount Codes, contact our Customer Care Team via the "Contact Us" section on the Website.
Discount Codes cannot be used in conjunction with other discounts, offers, codes, bundles or delivery.
Code BEAUTY10 is valid for 14 days from the receipt of the email confirming your Danessa Myricks Beauty Europe email marketing subscription and is available for one-time use. It cannot be used in conjunction with other discounts, offers, or codes. It is not applicable on bundles or delivery.
Limited edition and collaboration items are not eligible for special discounts, including Pro Artist discounts, Affiliate discounts or any other promotional offers.
Registering for a Personal Account and Subscribing to Emails
To register for a personal account on the Website, subscribe to Danessa Myricks Beauty Europe emails, or place an order, you must be over 18 years old. Certain Products may be subject to age or other restrictions in some countries. By placing an order, you confirm that you are of the appropriate legal age to purchase the items. If we discover that you are not legally entitled to order certain Products, we will not be obliged to complete the order.
You must provide us with your email address, first name, surname, password, billing address, and, if applicable, a different delivery address. This information will be stored in our customer database and can be accessed, updated, or corrected via the "My Account" section of the Website. We will only use the stored data in accordance with our Privacy Policy.
You are responsible for maintaining the confidentiality of your password and email address. We cannot be held liable for any losses incurred due to unauthorized use of your password or email address unless such use is a result of our negligence. Notify us immediately if you suspect any unauthorized use of your password or email address.
Content Creation
Content creation refers to any form of content—such as text, videos, images, reviews, or other media—that is created and published by contributors, typically the general public, rather than paid Danessa Myricks Beauty Europe employees. This content is typically created outside of professional routines and practices and is shared on our digital platforms, social media, or Website.
Collaboration Products
Please be advised that the products provided to you, in exchange for your pre-agreed content creation and services, are subject to modification at any time and thus may vary for each campaign.
Ownership and Licensing
By consenting to our Terms & Conditions, you are granting Danessa Myricks Beauty Europe SRL a worldwide, non-exclusive, royalty-free, perpetual, and irrevocable license to use, copy, modify, distribute, publicly display, and otherwise utilize your content across various media formats, including but not limited to paid advertisements, retail displays, outdoor advertising displays, social media platforms, print publications, broadcast media, and digital marketing campaigns, in connection with the operation, promotion, and improvement of our services.
Content Creator Responsibilities
You are solely responsible for the content you upload, post, or otherwise make available on our platform. You affirm that you own all rights to the content you post, that you have obtained any necessary permissions from individuals featured in your content, and that it does not infringe upon the rights of any third party.
Content Moderation
You agree to comply with all stipulations outlined in the Content Creator Guidelines document (titled " Content Creator GUIDELINES ") provided to you prior to the commencement of the collaboration.
You agree that all content you post on any of our platforms must be first reviewed and approved by our marketing team. If consent to post is not granted, you do not have the right to post the content.
We reserve the right, but are not obligated, to monitor, edit, or remove any content that we determine in our sole discretion violates these Terms & Conditions, violates any applicable laws or regulations or is otherwise inappropriate.
Prohibited Content
You agree not to upload, post, or otherwise make available any content that:
• Is illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable.
• Is intended to defraud, deceive, or mislead other users.
• Violates any applicable local, national, or international law.
• Infringes on any third party's intellectual property rights or other proprietary rights.
• Contains viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware.
Liability and Indemnification
You agree to indemnify and hold Danessa Myricks Beauty Europe, its Affiliates, and their respective officers, directors, employees, and agents from any and all claims, damages, losses, liabilities, costs, and expenses arising from or related to your breach of these Terms & Conditions or any violation of applicable laws or regulations.
Customer Ratings and Reviews Terms of Use
These Terms apply to your use of the Customer Ratings and Reviews and/or Questions and Answers service provided by Danessa Myricks Beauty Europe SRL ("CRR Service"). By submitting content, you agree that:
Prices and Delivery Charges
Delivery Charges: Specific details about delivery charges and times can be found on the Delivery and Returns page on the Website. Delivery is to the address specified in the order, and the risk of loss passes to the client upon delivery.
Orders shipped outside the European Union may be subject to customs duties as determined by your country's authorities. Customs duties are calculated based on the declared value of the items.
Delivery and Ownership
• Ownership Transfer: Ownership of the Products transfers to the client once they are dispatched, but the Products remain the seller's property until full payment is received.
Returns and Refunds
If you are not satisfied with your purchased product(s), you may return them or select another product of equal value, at your own shipping cost. For a complete list of guidelines and conditions, please refer to the Returns and Refunds section on our Delivery & Returns page.
We will inspect the returned products upon receipt. We reserve the right to refuse a refund or replacement if the returned products do not meet the conditions outlined on our Delivery & Returns page.
Other Important Terms
Use of Website: The Website should be used only for lawful purposes. Content from the Website can be downloaded and printed for personal use but not for commercial exploitation.
Resale Prohibition: Products sold on the Website are not for resale or distribution. The seller reserves the right to cancel orders and suspend accounts if this provision is breached. This means orders exceeding personal use quantities, reasonable seasonal gift-giving quantities, and/or vendor quantity limits will be cancelled at the seller's discretion.
Use of the Website
Agreement: By using the Website, you agree to the Terms of Use, Privacy Policy, Cookies Policy, and Terms of Sale. If you do not agree, you must stop using the Website immediately.
Lawful Use: You must use the Website for lawful purposes only and not infringe on the rights of others.
Content Use: You can download and print content for personal use only. The content must not be copied, reproduced, modified, or used for commercial purposes without permission.
Prohibited Actions: You cannot redistribute or frame content from the Website on other Websites without written permission.
Creating and Managing an Account
Account Creation: Clients can register on the Website by providing required information such as name, email, and password.
Account Security: You are responsible for keeping your account details confidential and for any activities that occur under your account.
Authority: If you use the Website on behalf of someone else, you must have the authority to bind that person to these Terms. The Website reserves the right to disable any account if Terms are violated.
Ordering Products
Terms of Sale: The Terms of Sale apply to all transactions made through the Website. By placing an order, you agree to these Terms.
Intellectual Property Rights (IPR)
Ownership: Danessa Myricks Beauty Europe SRL and its Affiliates own all intellectual property rights on the Website.
Limited Use: You can use the Website content only as authorized. Unauthorized use or reproduction of the content will lead to the cessation of your rights to use the Website and possible legal action.
Request for Use: Written permission is required to use any intellectual property from the Website.
Limitation of Liability
No Warranties: The Website content is provided "as is" without warranties. The Website is not liable for any indirect, incidental, or consequential damages.
Virus Precautions: The Website takes precautions against viruses but is not liable for any that occur.
Uninterrupted Service: No guarantee is made that the Website will be uninterrupted or error-free.
Third-Party Links
External Links: The Website may contain links to third-party Websites for which it is not responsible.
Privacy and Personal Information
Data Use: Personal data is not sold but may be shared with third parties with consent or as required by law.
Termination and Suspension
Service Suspension: The Website can suspend or terminate use at any time for various reasons.
Availability: There is no guarantee of continuous availability of the Website or its content.
Force Majeure
In the event of any failure to perform, or improper performance, whether in whole or in part, of any obligations under this agreement by either party, such failure or improper performance shall not render either party liable if it arises from a force majeure event, as defined by law, and is beyond the control of the parties.
The party invoking force majeure shall promptly notify the other party within 15 (fifteen) days of the occurrence of such event and shall make all reasonable efforts to mitigate its consequences.
Amendments to Terms
The Website can amend the Terms of Use at any time. Continued use signifies acceptance of the new Terms.
Further Key Terms
Severability: If any term is found invalid, the remaining Terms continue in effect.
No Third-Party Rights: Only the Website and users can enforce these Terms.
Entire Agreement: These Terms of Use constitute the entire agreement between the Website and users.
Governing Law: These Terms are governed by European Union law, and disputes are subject to the jurisdiction of European Union courts. Any dispute between the Seller and the Client in connection with the herein agreement will be solved in an amicable manner, or otherwise submitted to the competent court.
