1.0 Terms and Conditions
Welcome to the Kiss Wow Club website (“the Site”) which is owned, controlled, and operated by Beauty Wow Ltd, 20 – 22 Wenlock Road, London, N1 7GU, company registration number: 11369074
These Terms of Use are important, and you should read them carefully. Your use of and access to the Site and purchase of goods or services via this Site is conditional upon your acceptance of and compliance with these Terms of Use and the terms, conditions, notices, and disclaimers contained in this document and elsewhere on the Site, and on you complying with all applicable laws of the United Kingdom.
Your use of, and/or access to, the Site constitutes your agreement to these Terms of Use. Kiss Wow Club reserves the right to amend the Terms and Conditions at any time. Any changes will be published in this web document. Since you are bound by these Terms and Conditions, you should periodically refer to this web document to monitor changes. You should understand that by ordering any of our Products or subscribing to one of our Services, you agree to be bound by these terms and conditions.
You agree that by ticking the checkbox when you sign up to Kiss Wow Club you accept these terms and conditions. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from Kiss Wow Club.
1.2 The contract between you and us is binding on you and us and on our respective successors and assignees.
1.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
2.0 Placing an Order
By placing any order on our site whether that be subscription or for other products, you warrant that:
-you are legally capable of entering into binding contracts; and
-you are at least 18 years old;
-you are resident in the United Kingdom of Great Britain and Northern Ireland and the Republic of Ireland and other countries to which we ship to.
-you are accessing our site from that country.
3.0 Purchase and pricing of all Kiss Wow Club Lipstick Subscription Boxes and other products
In addition to the terms which relate to your use of the Site, the following terms relate to your purchase of any of our subscription boxes or other products.
When you place your order to purchase, the terms with respect to ordering and delivery are governed by these terms.
You must be over 18 to purchase any of our subscription plans and subscribe to Kiss Wow club or to buy any other products on the site; if you are under 18 years old, ask your parent or guardian to buy or subscribe for you.
All orders placed on this Site are quoted and charged in British Pounds GBP. Our product prices are set out on www.www.kisswow.club and we may update them from time to time and we do not provide price protection or refunds in the event of a price change or promotional offering. In the case where the product you order is sold out, we will offer a full refund.
Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation Note.
Payment for all Products and Services can be made by credit or debit card or via PayPal, Apple Pay or Google Pay. We accept payment with Visa and MasterCard.
4.0 Availability of Subscription Boxes and Other Products
We try and ensure that all details, descriptions, and prices that appear on this Website are accurate but sometimes errors may occur. If we discover an error in the price of any goods that you have ordered, we will notify you of this as soon as possible. You will be given the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will cancel the order. If you cancel and you have already paid for the goods, we will action a full refund to you.
Boxes, products, and samples are available on a first come, first serve basis. Kiss Wow Club will not and cannot guarantee the availability of boxes and products for each member.
5.0 Fulfilment and Delivery
Subscription Boxes
Kiss Wow Club lipstick subscription boxes are available on a quarterly (every 3 months basis), 6 month and yearly basis. You can start your lipstick subscription for that season’s box at any time.
We operate on a rolling subscription basis which means when you start your lipstick subscription you will receive the current season’s lipstick and will be charged as soon as you sign up. Your subscription will then recur every 3 months for the quarterly subscription, every 6 months for the 6-month subscription and every 12 months (yearly) for the 12-month subscription.
Every Season we aim to start sending out our boxes usually between the 20th to 25th of the month that season’s boxes are due. We use a 48-hour delivery service (Royal Mail).
Your order will be fulfilled by the delivery date set out in the confirmation email you will receive.
Other Products
Non subscription products will be sent out within 3 days of payment. We use a 48-hour delivery service (Royal Mail). Your order will be fulfilled by the delivery date set out in the confirmation email you will receive.
Key Dates for Signing up to the Kiss Wow Club Lipstick Subscription box:
March Subscription – Spring Subscription Box
Sign up from the 1st of March
March Subscription Box shipped between 20th and 25th of March and on a rolling basis for subscribers signing up after this date for the Spring Subscription Box.
June Subscription – Summer Subscription Box
Sign up from the 1st of June
June Subscription Box shipped between 20th and 25th of June and on a rolling basis for subscribers signing up after this date for the Summer Subscription Box.
September Subscription – Autumn Subscription Box
Sign up from the 1st of September
September Subscription Box shipped between 20th and 25th of September and on a rolling basis for subscribers signing up after this date for the Autumn Subscription Box.
December Subscription – Winter Subscription Box (early Shipping)
Sign up from the 1st of December
December Subscription Box shipped between 15th and 23rd of December and on a rolling basis for subscribers signing up after this date for the Winter Subscription Box.
Delivery Costs
A Flat Rate delivery cost of £3.95 is charged on each order including subscriptions. The delivery cost of £3.95 is applicable to the UK (United Kingdom). Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and are included in the ‘Total Cost’ of your order.
Different delivery costs are charged for international shipments including Europe, North America, Canada, and the rest of the world.
Despatch Times
Despatch times may vary according to availability. Any guarantees or representations made as to delivery times are may be subject to any delays resulting from postal delays or force majeure for which we will not be responsible. Delivery to countries outside of the United Kingdom will take longer.
Risk and Ownership
The Products will be at your risk from the time of delivery. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
6.0 Promotional Codes and Discounts
We may from time to time offer promotional discount codes and offers which apply to the products available on the site or external websites. If you want to take advantage of one of our brand promotions applicable to the item you wish to order, you need to insert the relevant promotion code in the promotion field of your basket before the check-out page.
There is no cash alternative to any Promotional codes or offers; they are non-transferable, cannot be used in conjunction with any other promotion code, offer or sale which may apply to the item you wish to order and must be redeemed by the date published, if provided.
During promotions Terms and Conditions do not need to be stipulated but always apply. We reserve the right to change or modify our promotional codes, discount codes or offers at any time.
7.0 Terms and Agreement of Sale
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.
To enter a contract with Kiss Wow Club you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Kiss Wow Club retains the right to refuse any requests made by you.
If your order is accepted, we will inform you by email and we will confirm order details. When you place 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.
8.0 Payment and Subscription
When you place an order to purchase a product from Kiss Wow Club, we will send you an e-mail confirming receipt of your order and containing the details of your order. Please note that this does not mean your order has been accepted. Your order represents an offer to us to purchase a product that is accepted by us when we send an e-mail confirmation to you that we have dispatched that product to you. That acceptance will be complete at the time we send the E-mail to you. Any products on the same order which we have not confirmed in a Despatch Confirmation E-mail to have been dispatched do not form part of that contract.
Your order constitutes an offer to us to buy Products by either subscribing to the Kiss Wow Club Subscription Service or to buy a box or boxes on a one off or subscription basis or to buy other non-subscription beauty products. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been despatched (Despatch Confirmation). The contract between us (Contract) will only be formed when we send you the Despatch Confirmation.
The Contract will relate only to those Products whose despatch we have confirmed in the Despatch Email. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
9.0 Payment options
You may purchase a subscription to Kiss Wow Club in one of three ways as set out below:
You may purchase A Kiss Wow Club Subscription either on a 3 monthly (quarterly) basis, on a 6-month (every 6 months) basis or a 12-month (yearly) basis. Payment must be made in full at the time of your order. We only accept payment by credit or debit card and accept Visa and Master Card.
You may purchase a re-occurring quarterly period-by-period (every three months), every 6 months or every 12 months (yearly) subscription to Kiss Wow Club. If you choose either of these subscription options, we will setup a re-occurring payment profile to deduct future subscription fees. The payments will continue unless you decide to cancel. Please see below for further details on cancelling.
Subscription Payments
Kiss Wow Club lipstick subscription boxes are available on a quarterly (every 3 months basis), 6 month and yearly basis. You can start your lipstick subscription for that season’s box at any time.
We operate on a rolling subscription basis which means when you start your lipstick subscription you will receive the current season’s lipstick and will be charged as soon as you sign up. Your subscription will then recur every 3 months for the quarterly subscription, every 6 months for the 6-month subscription and every 12 months (yearly) for the 12-month subscription based on the date you started the Subscription with Kiss Wow Club. Payments will re-occur based on the date you originally signed up for a lipstick subscription whether that be the quarterly (every 3 months) subscription, the 6-month subscription (every 6 months) or the 12-month subscription (yearly).
6 Month or 12 Month Subscription Payments
Generally, when a 6 month or 12-month lipstick subscription is purchased, the subscriber will receive the current season’s lipstick and will be charged as soon as they sign up. The subscription will then recur at the next subscription date whether every 6 months or yearly.
10.0 Re-occurring Payments
The subscription to our subscription membership plans consists of an initial charge and then followed by recurring period charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature, and you accept responsibility for all recurring charges prior to cancellation.
Kiss Wow Club may submit periodic charges (e.g., every three months, every six months, every twelve month) without further authorisation from you, until you provide prior notice that you have terminated this authorisation or wish to change your payment method. Such notice will not affect charges submitted before Kiss Wow Club reasonably could act.
Your subscription will be automatically renewed unless you opt out or cancel the renewal by the 7th of the month before when your next expected payment of is expected.
To terminate your authorisation or change your payment method, log in to your customer account and edit through the ‘My Account’ link.
You can cancel your subscription at any time. You will not be charged for any cancellation. You can re-subscribe at any time following your cancellation, but we reserve the right not to permit re-subscription and /or where we have previously elected to terminate a subscription by you.
11.0 Cancellations/change to order
Because we manufacture your order in advance, we require a longer lead time if you wish to cancel your Quarterly (every 3 months) lipstick subscription. If you are on the Quarterly (every 3 months) lipstick subscription plan and you wish to cancel your quarterly subscription with us, you must cancel by the month before your next Kiss Wow Club lipstick subscription box is due to avoid receiving that season’s box. This is because we manufacture our lipsticks in advance.
A cancellation or change of ANY order you have made with Kiss Wow Club will not be confirmed, accepted, or acted upon until you receive a confirmation from Kiss Wow Club via email or the Website.
You will be responsible for, and your credit card may be charged for, the payment of all fees associated with orders already processed or shipped before your cancellation/change request was received.
If you are contracting as a consumer, you may cancel a Contract at any time within fourteen days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy. The refund does not include any shipping costs.
To cancel a Contract, you must email support@kisswow.club. You must also return the Products to us as soon as reasonably practicable not longer than 7 days. You must pay the cost of returning the Products if they correspond to the goods you ordered. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation and if they are damaged you are obliged to pay for the items, and we will not accept a return or action any refund.
Re-occurring subscriptions may be cancelled by the 7th day in the month before your new quarterly subscription is due. All cancellation requests should be made by email. Given our required notice period, if you try to cancel later than the required 7th day of the month before your new quarterly subscription is due, your cancellation will take effect from the next subsequent period.
The 3 Month (Quarterly) Lipstick Subscription plan is renewed automatically every 3 months unless you decide to cancel.
The 6 Month Lipstick Subscription plan is renewed automatically every 6 months unless you decide to cancel.
The 12-month Lipstick Subscription plan is renewed automatically every 12 months unless you decide to cancel.
You must cancel by the 14th date of the final box month should you not wish for your 12 month Pay Monthly plan to renew.
For the 6- and 12-month lipstick subscriptions, you pay in advance and your subscription will automatically renew at the next 6- or 12-month date point after this time unless you decide to cancel.
You must cancel a month before your 6- or 12-month subscription is due to renew and this must be done by the 7th of that month if you wish to cancel the 6 month or 12-month subscription.
Please note that orders in progress cannot be cancelled.
We reserve the right at our absolute discretion not to renew your subscription at any time without giving any reasons for our decision.
11.1 Cancellations and Returns of Non-Subscription Kiss Wow Lipstick Subscription Boxes or other Products
If you wish to cancel any other type of Kiss Wow Club purchase (any non-subscription product available from our shop for any reason, please notify of by email at support@kisswow.club the day of ordering. Please quote your order number with your name and contact details.
If any non-subscription product you have already purchased has already been despatched you may still cancel your gift box as long as you email support@kisswow.club within 7 working days of the receipt of your delivery.
For cancelled orders we will issue a full however not including our delivery charge. We will make the refund within 30 days of your notice of cancellation and we will only make it to the credit or debit card of the person who originally placed and paid for the gift box.
Please contact us at support@kisswow.club to arrange the return of your item(s).
12.0 Delivery
Your box or products will be posted by a third-party carrier. Please see the Key Dates Schedule on the website for estimated delivery times.
It is vital that the details that you give us are correct. Kiss Wow Club is not liable for any errors that you make. Also, you must ensure that Kiss Wow Club has your mot up to date address details.
13.0 Kiss Wow Club E Gift Cards
Kiss Wow Club E Gift Card can be used to purchase any product sold by the Kiss Wow Club.
Depending on the balance of the Kiss Wow Club E Gift Card, the gift card can be used more than once at www.www.kisswow.club until the balance is finished. That means that giftees can redeem part of their gift card balance until that balance is zero.
The Kiss Wow Club E Gift Card has a 12-month expiry based on the date the E Gift Card was purchased. Kiss Wow Club E Gift Cards or subscription Plans purchased via E Gift Card must be redeemed within 12 months (one year of purchase). Once the E Gift Card is redeemed it cannot be cancelled or refunded. Neither the Purchaser nor Giftee will be eligible for a refund if not redeemed within the expiration date.
Lipstick Subscription Upgrade
Customers who have subscribed to the 3 monthly (quarterly) or 6-month (every 6 months) subscription can choose to upgrade to another subscription plan by either upgrading from the 3 month to 6 month or 12-month subscription plan or from the 6 month to 12-month subscription plan. Customers choosing to upgrade will be charged as a new subscription to the new plan which will run for the designated duration. All payments for upgrades to the 6 month or 12-month lipstick subscription plan will be charged immediately.
14.0 Kiss Wow Credit, Reward and Referral Scheme
Kiss Wow Club offers several Virtual Credit, customer reward, sponsorship, and referral schemes. To be eligible for these schemes the customer must have either signed up for one of our lipstick subscriptions or to have purchased any of our other products and therefore have an account with the Kiss Wow Club. Kiss Wow Club Virtual Credit, Rewards, Sponsorship and Referral Scheme are activated when the customer purchases products from out store.
Kiss Wow Club Referral, Sponsorship and Affiliate Schemes redemption will only apply to the introduction of new customers (not current customers) to Kiss Wow Club.
Kiss Wow Club may revoke and/or amend any Kiss Wow Virtual Credit, Virtual Reward, Referral or Affiliate reward or payment offering at any time at our sole discretion.
Cancellation
Any Kiss Wow Club Virtual Credit, Kiss Wow Club Reward Points, Referral or Affiliate rewards accrued will be lost upon the date of cancellation of any Kiss Wow Club Subscription plan and/or the closing down of the customer account.
12 Month Expiry Period of Kiss Wow Club Virtual Credit, Reward Points, Referral or Affiliate Rewards
Any Kiss Wow Club Virtual Credit, Kiss Wow Club Reward Points, Referral or Affiliate rewards accrued will be lost if not redeemed within a12 month expiry period.
Any Kiss Wow Club Virtual Credit, Kiss Wow Club Reward Points, Referral or Affiliate Rewards not redeemed within the 12 months they were awarded will expire and will no longer be available.
See our Kiss Wow Club Rewards Terms and Conditions for More Details.
15.0 Cooling Off Period
Customers in the EU and UK are entitled to a statutory cooling-off period of fourteen calendar days.
16.0 Refunds and Returns
Because of the nature of our product (lipstick subscription). We generally do not issue refunds for Lipstick Subscriptions. However, if you are not satisfied with any products (lipstick subscription or any non- subscription) products you have received, you can return your Parcel in its original condition to us within 14 days of the date on the invoice for a full product cost refund upon approval by us. Please note refunds are at our sole discretion and do not include postage and packing costs. Please note that boxes and other products will only be refunded if the box is unopened. We will not refund in the event any products within the box have been opened or used.
Should you wish to return a box back to us, please do so within 14 days of your box or items being ordered. After this period, we will not accept any items back for a refund.
Please ensure that the items you are returning are unopened and in any original packaging. Please note that items will only be refunded if the box is unopened.
To return your box back to us, please contact us at support@kisswow.club.
Please retain your proof of postage in the event that your returned goods gets lost in the postage system.
All products are checked for quality before dispatch and while we try our best to ensure that the product is delivered to you in perfect condition, the product may be damaged in the delivery process. Should this happen you can return the damaged items and we will re-send the product and pay for the return and additional postage charges. The refund does not include the cost of postage and packing.
If you intend to seek a refund or replacement, you must email support@kisswow.club to obtain prior approval. Please include the order number and reason for the return.
16.1 If you return a Product to us because you have cancelled the Contract between us within the 14-day cooling-off period.
We will process the refund due to you as soon as possible and within 30 days of the day you gave notice of cancellation. In this case, we will refund the price of the Product in full but not postage and delivery charges. You will be responsible for the cost of returning the item to us if you have already received the product.
If a product is damaged customers must inform Kiss Wow Club within 5 days of package arrival with proper explanation (by email) to support@kisswow.club, and the product will be replaced once the defective or damaged item or product has been returned to and received by us.
17.0 Customer Service
If you have any questions relating to your purchase of a subscription to Kiss Wow Club or for general enquires you can contact us via support@kisswow.club or send a message via the Contact Us form.
18.0 Research, Survey and Feedback
When you purchase your box, you acknowledge and agree that you will receive an invitation from Beauty Wow Ltd to participate in our feedback survey and online survey, and that you may also receive an invitation to participate in a focus group.
19.0 Use of Your Account and Your Obligation to Protect Your Data and the Use of your Account
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in your ‘My Account’ area of the website. Kiss Wow Club reserves the right to refuse access to the website, terminate accounts, remove, or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.
20.0 Site Access & Use and Intellectual property Rights
We are the owner or the licensee of all intellectual property rights in our site, whether registered or unregistered, and in the material published on it. These works are protected by copyright laws and all such rights are reserved.
Site Access & Use
All information, text, material, graphics, software, and advertisements on the Site (“Content”) are protected by UK and international copyright and trademark laws.
Apart from any use permitted under the Copyright Act you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for on the Site or expressly authorised in writing by Kiss Wow Club.
The reproduction, duplication, distribution (including by way of email, facsimile, or other electronic means), publication, modification, copying or transmission of material from the Site is STRICTLY PROHIBITED unless you have obtained the prior written consent of Kiss Wow Club or unless it is specifically stated otherwise within the Site. The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, audio, or video material or stills from audio-visual material available on the Site.
This means you are strictly prohibited from creating works or materials that derive from or are based on the materials contained in the Site including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered, or given away.
The Site may also include materials owned by third parties and posted on the Site by virtue of a licence, grant or some other form of agreement between the third party and Kiss Wow Club.
The Site contains links to other websites outside the Site for your information and convenience. Kiss Wow Club makes no warranty or representation as to the functionality of these links, the security of those sites or the reliability or accuracy of the information contained on these sites. You access any such website entirely at your own risk and your purchase from any third party is entirely at your own risk.
Strictly on the condition that you keep all Content intact and in the same form as presented on the Site (including without limitation all copyright, trademark and other proprietary notices and all advertisements), you may ONLY download and/or view the Content for your personal, non-commercial use.
20.1 You may print off one copy, and may download extracts, of any pages from our site for your personal reference. You must not use any part of our copyright materials for commercial purposes without first obtaining a licence to do so from us and our licensors.
All information, text, material, graphics, software, and advertisements on the Site (“Content”) are protected by United Kingdom and international copyright and trademark laws.
Strictly on the condition that you keep all Content intact and in the same form as presented on the Site (including without limitation all copyright, trademark and other proprietary notices and all advertisements), you may ONLY download and/or view the Content for your personal, non-commercial use.
You shall not modify, reverse engineer translate, compile, decompile, disassemble, or create derivative works based on any software or accompanying documentation supplied by Kiss Wow Club.
21.0 Liability
Kiss Wow Club and its employees and agents will not be liable to you or any other person for any loss, injury or damage arising from or as a consequence of any act or omission by Kiss Wow Club.
The operation of, and liability for breach of, the Implied Terms cannot be, and are not in this contract, excluded and can only be limited in certain circumstances. Except for the Implied Terms, we exclude to the fullest extent permitted by law all terms implied by statute, at law, in fact or otherwise.
You understand and agree that our suppliers have no warranty obligations or other liabilities to you under this contract.
We exclude to the fullest extent permitted by law all liability for any liabilities, losses, damages, costs or expenses (whether arising in contract, tort (including negligence) or under any other cause of action) suffered or incurred by any person in connection with this contract or an act or omission of our or any of our suppliers’ personnel in connection with this contract.
22.0 The Site and Our Liability
While Kiss Wow Club does its best to ensure the optimal performance of the Site, you agree that you use the Site and rely on material contained in the Site at your own risk.
Subject to the Implied Terms:
• Kiss Wow Club does not warrant that the Site is fit for any particular purpose; that the functions contained in the materials in the Site will be uninterrupted; that defects will be corrected; that the Site is free of viruses and other harmful components or that the Content is accurate, complete or reliable.
• You should make and rely on your own enquires before entering into any transaction on the basis of the Content of the Site.
• You acknowledge that Kiss Wow Club, its parents and related parties together with their respective employees, agents, directors, officers and shareholders, are not liable for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the destruction, damage or unauthorised access to your computer system or Site.
• You acknowledge that Kiss Wow Club is not liable for any defamatory, offensive or illegal conduct or material found in connection with the Site, including such conduct or material transmitted by any means by any other person.
• You expressly acknowledge and agree that Kiss Wow Club does not exert control over users of the Site (including individuals referred to on the Site as guests and experts) and is not liable either for their opinions or their behaviour including any information, advice, defamatory statements or offensive conduct.
23.0 Electronic Communication
When you visit Kiss Wow Club or send e-mails to us, you are communicating with us electronically. When using our site, you accept that communication with us will be mainly electronic. We communicate with you by e-mail or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
24.0 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.
25.0 Liability
Nothing in these Terms shall limit or exclude our liability for death or personal injury caused by our negligence.
To the extent permissible by law, we will not be liable under these Terms for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
To the extent permissible by law, our maximum aggregate liability under these Terms whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the product(s) in question.
We may transfer all or part of our rights and obligations under these Terms to our business partners or related bodies corporate. However, if assignment is likely to have a detrimental impact on you, and that impact is more than a minor impact, we will notify you about this.
The products provided by Kiss Wow Club is and are provided for your personal, non-commercial use, and may not be resold, in whole or in part.
You agree to indemnify and hold us harmless from and against any and all claims, proceedings, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ charges on an indemnity basis), including but not limited to claims against us or our suppliers alleging negligence, copyright infringement and/or trademark infringement, relating to or arising out of your breach of our agreement with you (as contained in these Terms).
26.0 Termination
The Terms of Use are effective until terminated by Kiss Wow Club. Kiss Wow Club may terminate this agreement, your subscription and/ or your access to the Site at any time without notice, including but not limited to, for breach of these Terms and Conditions. In the event of termination, you are no longer authorised to access the Site, but all restrictions imposed on you, licenses and waivers granted by you and all Kiss Wow Club disclaimers and limitations of liability set out in these Terms of Use (as amended) will survive.
27.0 Fitness for Purpose and Warranty
We warrant to you that any Product purchased from us through our site will, on delivery, conform with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
28.0 Indemnity
You agree to indemnify, defend, and hold harmless Beauty Wow Ltd, Kiss Wow Club, 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 of this Website or your breach of the Terms & Conditions.
29.0 Variation of Terms and Conditions
Kiss Wow Club 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.
30.0 Invalidity
If any part of the Terms & Conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms & Conditions 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.
31.0 Events Outside Our Control and Force Majeure
31.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
31.2 A Force Majeure Event includes any act, event, non-happening, omission, or accident beyond our reasonable control and includes in particular (without limitation) the following:
31.3 Strikes, lockouts, or other industrial action.
31.4 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
31.5 Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disaster.
31.6 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
31.7 Impossibility of the use of public or private telecommunications networks; and
31.8 The acts, decrees, legislation, regulations, or restrictions of any government.
31.9 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
32.0. Waiver
32.1 We may choose to waive a default. However, a waiver by us of any default will not constitute a waiver of any subsequent default.
32.2 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 18 above.
32.3 Nothing in this clause limits or excludes any liability for fraud.
31.0 Our Right to Vary These Terms and Conditions
32.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
32.2 You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within fourteen working days of receipt by you of the Products).
33.0 Law and Jurisdiction
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
