Terms and Conditions
This website is operated by “Abbey Edge India Private Limited”. Throughout the site, the terms “we”, “us”, “company” and “our” refer to “Abbey Edge India Private Limited”. “Abbey Edge India Private Limited” offers this website “thebeautysailor.com”, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Services of the Site are available only in India and to persons resident in India. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Site. If you are a minor i.e. under the age of 18 years of age you may use the Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If your age is below 18 years your parents or legal guardians can transact on behalf of you if they are registered users. You are prohibited from purchasing any material which is for adult consumption and the sale of which to minors is prohibited.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). A breach or violation of any of the Terms will result in an immediate termination of your Services.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Any date or period for delivery shall be considered as indicative only. It is our policy to try to despatch all orders within 3-4 working days. Any products not available at the time of your order will be sent to you, as soon as possible, when received from the supplier. In any case, delivery will be made within 7-10 days after the date we accept your order.
If there are delays in the delivery caused by the supplier, the carrier or any other third party then “www.thebeautysailor.com” will contact you as soon as possible to let you know and, provided we do this, we will not be liable for such delay. If there is a substantial delay you may end the contract and will be entitled to receive a refund for any products you have paid for but not received.
MANDATORY PATCH TEST
It is mandatory for the user of the product(s) to undergo requisite patch test. A patch test is a diagnostic method used to determine whether any substance cause any kind of allergic reaction, inflammation, irritation etc on a users’ skin. Patch test shall help identify the user whether substances used in the product may be causing any allergic reaction, inflammation etc or not. The Patch Test should be applied to the dorsal side of hand, forearm or thigh because of the extensive area, facilitating the placement of sample of the substance of the product. Another area that can be used is the upper arms and possibly the upper thighs. In case of oily skin, mild cleansing of the area may be done only to remove excess oil. Patch tests are compulsory: 1) for users with a diagnostic hypothesis of any skin condition, 2) users with other skin conditions that may be aggravated by foreign substance (atopic dermatitis, seborrheic dermatitis and stasis, nummular eczema, psoriasis, and dyshidrosis), 3) Users with chronic eczema, 4) suspected cases of occupational contact dermatitis etc.
The result after application of the patch test may vary from 15 minutes to half an hour, though many times the overall appointment time is longer. In case any allergic reaction, inflammation, irritation etc appears after application of patch test, it shall be washed with warm water continuously till the substance is removed or irritation subsides. If the allergic reaction or irritation still persists, the user may consult physician/dermatologist for same.
The User agrees and understands that the conduct of mandatory patch test is necessary before application of the products on actual usable area and in no manner, we shall be liable for any damage or loss, health issue etc. or any unforeseen circumstance caused due to application of the product(s).The users are advised to read the composition of product(s) carefully before application in order to prevent any known allergic reactions.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall “Abbey Edge India Private Limited” , our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
We only supply the products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
The Site, and all of its contents, including but not limited to articles, other text, photographs, images, illustrations, graphics, video material, audio material, including musical compositions and sound recordings, software, logos, titles, characters, names, graphics and button icons, excluding User Content (collectively “Proprietary Material”), are protected by copyright, trademark and other laws of India, as well as international conventions and the laws of other countries. The Proprietary Material is owned or controlled by “Abbey Edge India Private Limited” or by other parties that have provided rights thereto to “Abbey Edge India Private Limited”.
You agree to indemnify, defend and hold harmless “Abbey Edge India Private Limited” and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless 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 Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. You will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of India for the time being inforce.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SALE TERMS USING DISCOUNTS
Discount codes can only be used one per transaction. We reserve the right to extend or discontinue any voucher code or discount to our website. No discount code shall be used on sale items or reduced priced goods.
You acknowledge and understand that if the web site is unable to provide the products as a result of a force majeure event the website will not be in breach of any of its obligations towards you under these terms of service. A force majeure event means any event beyond the control of the website. The website shall not have any liability to you whether in contract, warranty, tort (including negligence), or any other form of liability for failing to perform its obligations under this agreement to the extent that such failure is as a result of a force majeure event.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of India.
SURVEY TERMS AND CONDITIONS
1. That in supplement to other marketing products, “thebeautysailor.com” also owns and represents a survey namely “MY BEAUTY SAILOR SURVEY” as a marketing product of “thebeautysailor.com”, owned by “Abbey Edge India Private Ltd.” The terms and conditions, hereof, (in conformity with other terms and conditions of “The beauty Sailor”, where explicitly not covered) envisage the terms and guidelines and scheme in the market research, issuance, use, point accumulation, referral policy and redemption in lieu ofthe products and services provided by the “thebeautysailor.com”.
2. The “My Beauty Sailor Survey” survey allows the user to submit its views, preferences, submit product reviewsetc. that allows the “thebeautysailor.com” to enhance its quality and services catering to need based requirements and make best quality customised and market preferential products at market competitive prices.
3. The participant after the completion of the survey (subject to terms and conditions) shall be entitled to free of cost skin care products displayed and advertised by “thebeautysailor.com” from time to time and other gift cards, to be used only on “thebeautysailor.com” in form of reward points except for the payment of requisite shipping and other charges informed at the end of the survey. No coupon or discount code shall be applied for the waiver of the shipping charges.
4. Subject to completion of the survey, the participant shall be sent the free product (if not reward points) as per the terms and conditions of the “thebeautysailor.com” to the address so mentioned during the survey. Any use of the product shall be subject to the mandatory patch test policy forming part of the “thebeautysailor.com”.
5. The participant shall also be entitled to take part and win referral and reward points by referring the survey and “the beauty sailor” products to others through designated channel as described in the survey enabling the “thebeautysailor.com” to add and track the points for every profile. The terms and process of the issue and award of referral and reward points form the part of the survey and are subject to change and exceptions of the discretion of “thebeautysailor.com”.
6. Any redemption of the referral points or reward points so accumulated or reflected in the profile of the member or user of the “thebeautysailor.com” can be done so through the products offered on “thebeautysailor.com” and shall not be entitled to any other medium of redemption. The “thebeautysailor.com” reserves its right to grant, add or delete or change the reward points as per its policies and the decision of “thebeautysailor.com” shall be final in this regard. Any query or issue faced by the participant or user with regard to redemption can be taken with the grievance officer or customer care.
7. The products so delivered in lieu of the survey shall be non-refundable and the payments qua the shipping and other charges shall be made by the payment methods as therein specified. Only, if any product is found to a defected one at the time of delivery and not in any other case, the participant/user will be entitled to a full replacement of the product and no refund in whatsoever manner shall be made. The replacement if any shall be made within 7 days of the date of delivery of the products. Any defect is to be notified within 01 days of delivery for claiming the replacement. Following expiry of this period you shall not be entitled for any return or refund.
8. The descriptions of products or product pricing offered through survey are subject to change at any time without notice, at the sole discretion of the “thebeautysailor.com”. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.The “thebeautysailor.com” has the right to fluctuate any prices in proportion with its costs for shipping but the cost of delivery will always be notified to you prior to completion of your order.
9. The participantof the survey accepts to give the “thebeautysailor.com” its voluntary consent to use the data for marketing, data analysis etc purposes. Further, it shall be considered non-confidential and non-proprietary, and “thebeautysailor.com” shall have the right to use, copy, distribute and disclose to third parties any such material for any purpose in terms of the policies of the “thebeautysailor.com”
10. The participant warrants that the data filled in by him will be accurate and that he will not submit content that is unlawful or otherwise objectionable. This includes, but is not limited to content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist. We have the right to use the name that you submit in connection with such content in order to make the product and service customisable and make the user experience friendly at “thebeautysailor.com”.
We reserve the right to modify or discontinue the survey (or any part or content thereof) without notice at any time. Please be advised that “My Beauty Sailor Survey” operates differently than its other surveys and other platforms, if any, and is just a marketing product to enhance and rich the future experience of its users enabling best quality products.