Terms And Conditions

INTRODUCTION

These Terms and Conditions (“Terms”) constitute a legally binding agreement (“Agreement”) between you and Lacosa Professional Cosmetics Private Limited. When these Terms mention “Tsholo Professional,” “we,” “us,” or “our”, it refers to the Lacosa Professional Cosmetics Private Limited. (“TSHOLO PROFESSIONAL”). If you use any of our services, we will refer to you by using the terms “user”, “visitor”, “you”, “your”, “yours” in these Terms.

This website is owned and run by Lacosa Professional Cosmetics Private Limited (“Us” or “We”).

Please read through these Terms in conjunction with our Website Terms of Use, Privacy Notice and Cookie Notice prior to using this Website.

IF YOU DO NOT AGREE TO THE TERMS, YOU MAY NOT USE OUR WEBSITE.

THE SECTION BELOW TITLED “DISPUTES” CONTAINS A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.

PRIVACY NOTICE

Please review out Privacy Notice so that you understand our privacy practices.

By using this Website, you warrant that all data provided by you is accurate and up to date. You are responsible for maintaining and promptly updating account information for accuracy and completeness.

TERMS OF SALE

By placing an order, you are offering to purchase a product on and subject to the following Terms. All orders are subject to availability and confirmation of the order price.

Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible. Please see our Delivery Charges notice for further information.

You must be 18 years old or the age of majority in your jurisdiction in order to make a purchase on our Website. If you are under 18 years old or the age of majority in your jurisdiction, then you may not make a purchase on our Website. If you are under 13 years old, you may browse our Website. However, you may not provide personal information to us, make a purchase on the Website nor register on the Website. This Website is not directed to children under 13 years old. By accessing or using the Website, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms.

Tsholo Professional retains the right to refuse any request made by you and reserves the right to close your Tsholo Professional online account at our sole discretion. If your order is accepted, we will inform you by email. 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, or PayPal account used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of products and services may fluctuate. All prices advertised are subject to such changes. Please be aware that some of the goods sold through our Websites may not be suitable for children under 18 years of age, so please take extra care when purchasing goods as gifts, for under 18s.

OUR CONTRACT AND HOW THE CONTRACT IS FORMED

This Website is operated by Tsholo Professional. If you have any questions, whether about our products and services, this Website or otherwise, please contact us through meet@tsholocosmetics.com.

After placing an order, you will receive an email from Tsholo Professionals acknowledging that we have received your order (the “Order Confirmation”).

Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a product or service. All orders are subject to acceptance by Tsholo Professional, and we will confirm such acceptance to you by sending you an email that confirms that the products have been dispatched (the ‘Dispatch Confirmation’). The contract between us (the “Contract”) will only be formed when we send you the Dispatch Confirmation. The Contract will relate only to those products whose dispatch we have confirmed in the Dispatch Confirmation.

PRODUCTS AND SERVICES FOR PERSONAL USE

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

FREE GIFT PROMOTIONS

From time to time we may run promotions which offer a Free Gift when you make a purchase on the Website. Such promotional offers are typically for a limited time period and may be communicated via our subscription marketing emails, SMS and may be advertised directly on the Website. Any such promotion shall be subject to its own specific terms, but typically will include one or more of the following:

Offers are available whilst stocks last
Exclusions may apply
If the item you have paid for is eligible for return, and you wish to return it, any ‘Free Gift Item’ offered as part of the promotion must also be returned, or you may not be eligible for a refund
Coupon codes may not be eligible alongside ‘Free Gift with Purchase’ offers (this excludes codes issued in exchange for loyalty points, if your loyalty code does not work please let us know)
The ‘Free Gift item’ should be visible on your cart at checkout – if the item is not in your cart this item will not be included in your order. If it has not been added to your cart, or you are unable to add it for any reason the promotion may have ended, or stock may no longer be available. Please contact customer service for assistance in this case CONTACT US.

PRICING AND WEBSITE ERRORS

Whilst we try and ensure that all details, descriptions, and prices which appear on this Website are accurate, typographical errors or other errors and may not always be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fulfil any orders that you may place based on information on the Website that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies. 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. When ordering products or services through the Website, please note that:

orders will only be accepted if there are no material errors in the description of the goods or services or their prices as advertised on this Website;
all prices are displayed in your local currency and local tax where applicable unless expressly indicated otherwise;
packaging may vary from that shown on the Website;
the weights, dimensions and capacities shown on the Website are approximate only;
whilst we try to display the colours of our products accurately on the Website, the actual colours you see will depend on your monitor and we cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the product on delivery; and
all items are subject to availability. We will inform you as soon as possible if the product(s) or service(s) you have ordered are not available and we may offer alternative product(s) or service(s) of equal or higher quality and value.

The prices on the Website include GST but exclude delivery costs, which will be added to the total amount due. Prices are liable to change at any time, but (other than as set out above) changes will not affect orders in respect of which we have already sent you an Order Confirmation.

You may pay using GooglePay, , PayPal Visa, Mastercard, Discover, and American Express and Tsholo Professionals store credit. Your credit/debit card payment will be made through a secure transaction. All payments are subject to authorisation by the card issuer. Card payments are subject to validation checks and authorisation by your card issuer. If your card issuer fails to authorise the payment to us, we will not be liable for any delay or non-delivery and may not be able to form a Contract with you or we will not be able to proceed with your order. Tsholo Professional must receive full payment for the order at the time the order is processed and before the product is dispatched. A Dispatch Confirmation email will then be sent you.

If an item you purchased on the Website becomes available to purchase at a lower ‘sale’ price you will be entitled to a ‘price match’ if your order was placed within 3 days prior to the ‘sale’ price. The difference in value will be offered in the form of a Gift Certificate which may be used solely on tsholocosmetics.com. Alternatively, if the full price item you purchased is eligible for return you may return this item and can chose to repurchase the product at the lower sale price.

Offers are available whilst stocks last
Exclusions may apply
If the item you have paid for is eligible for return, and you wish to return it, any ‘Free Gift Item’ offered as part of the promotion must also be returned, or you may not be eligible for a refund
Coupon codes may not be eligible alongside ‘Free Gift with Purchase’ offers (this excludes codes issued in exchange for loyalty points, if your loyalty code does not work please let us know)
The ‘Free Gift item’ should be visible on your cart at checkout – if the item is not in your cart this item will not be included in your order. If it has not been added to your cart, or you are unable to add it for any reason the promotion may have ended, or stock may no longer be available. Please contact customer service for assistance in this case CONTACT US.

PRICING AND WEBSITE ERRORS

(i) General

You can purchase our products and services via the Sites by completing the applicable purchase form and providing the requisite billing information. You acknowledge and agree that all such billing information that you provide is accurate, current and complete. By purchasing any Site Offerings via the Sites, you confirm you understand the function of such product and/or service as set forth on the Sites and intend to use it only for such purpose. You represent and warrant that you have the legal right to use the Payment Method you provide to us or our payment processor. Prices include applicable taxes. We reserve the right, with or without prior notice and in our sole and complete discretion, to (a) discontinue, modify, or limit the available quantity of, any Site Offerings, and (b) refuse to allow any user to purchase any Site Offerings or deliver such Site Offerings to a user or a user designated address. When you purchase Site Offerings, you (a) agree to pay the price for such Site Offerings as set forth on the Sites, and all shipping and handling charges and all applicable taxes in connection with your purchase (the “Full Purchase Amount”), and (b) authorize us to charge the provided Payment Method for the Full Purchase Amount. Charges associated with your purchases will appear on your Payment Method statement through the identifier “TSHOLO PROFESSIONAL.” OTHER THAN AS EXPRESSLY SET FORTH HEREIN TO THE CONTRARY, ALL SALES OF PRODUCTS ARE FINAL AND NON-REFUNDABLE.

(ii) Discounts

Tsholo Professional may offer, in our sole discretion, reduced and/or sale pricing, e-gift codes, free products, discounts for Auto-Replenishment, first-time or other types of orders, and/or other promotions from time-to-time (“Promotions”). We reserve the right to terminate any Promotion at any time. Unless superseded by a Promotion’s explicit terms, Promotions (a) apply to online orders only, (b) cannot be combined with other Promotions, and (c) do not apply to sale items, promotional kits, Try Before You Buy orders, products recommended through our quizzes, shipping charges and taxes. Discounts that are restricted to your first-time orders are limited to the first order from a unique account using a unique payment method with delivery to a unique address and cannot be reused if you return your first purchase.

(iii) Free Shipping

Auto-replenishment orders and any order for which you make a 999 INR or greater payment, excluding Promotions, shipped to addresses within the INDIA and its UNION TERRIOTERIES qualify for free standard shipping.

(iv) Changes and Pricing

We may, at any time, revise or change the pricing, availability, specifications, content, descriptions or features of any Site Offerings. While we attempt to be as accurate as we can in our descriptions for the Site Offerings, we do not warrant that Site Offerings descriptions are accurate, complete, reliable, current, or error-free. If a Site Offering itself is not as described on the Sites, your sole remedy is to return it (for physical products, in unused condition). The inclusion of any Site Offerings for purchase through the Sites at a particular time does not imply or warrant that the Site Offerings will be available at any other time. We reserve the right to change prices for Site Offerings displayed on the Sites at any time, and to correct pricing errors that may inadvertently occur (and to cancel any orders in our sole discretion that were purchased with pricing errors). All such changes shall be effective immediately upon posting of such new Site Offerings prices to the Sites and/or upon making the customer aware of the pricing error.

RETURN & EXCHANGE POLICY

For hygiene purposes after COVID-19, we do not have any return or exchange policy, any items that are eligible to be returned can’t be returned for a refund or exchange on any purpose.

CANCELLATION REQUESTS

Unfortunately, we cannot always accommodate cancelation requests. We will try our best to assist but after a certain stage of order processing it can no longer be cancelled. We aim to ship orders as fast as we can so although you may message us immediately after placing your order, unfortunately it doesn’t always guarantee cancelation. The cancelation request has to be reviewed and the request is sent to our warehouse processing team. If you would like to attempt cancelation of an order, please send us the Order Number to be cancelled and include the message: Please Cancel My Order. This will help us prioritise your email. You can do this via the CONTACT US form or email us at meet@tsholocosmetics.com. your order will not be canceled after 12hrs of your order.

STOCK AVAILABILITY

All orders for products are subject to availability and in this regard, in the event of supply difficulties or because products are no longer in stock, we will send you an email advising you that we are unable to fulfil your order or one of our Customer Service team will contact you.

YOUR ORDER DELIVERY

What is the estimated delivery time?

We usually dispatch your order within 3-4 working days, your order will be shipped to you within 8-10 working days(excluding Sundays and public holidays).

Subject to the STOCK AVAILABILITY clause above, we will endeavor to fulfill your order for product(s) listed in the Order Confirmation within a reasonable period of time unless there are exceptional circumstances. If for any reason we cannot meet the delivery date, you will be kept informed and offered a choice of either continuing with the extended delivery time. Once your order has been dispatched, we will email you the details of your order to the email address provided.

For the purpose of these Terms, “delivery” or “delivered” shall be deemed to have occurred upon delivery of the product (s) at the address specified by you when you completed your order or at a selected Tsholo Professional or such other delivery method as shall be agreed between you and us. If you wish to send products to different addresses you must create a different order for each delivery address.

REFUSAL OF ORDER

Tsholo Professional reserves the right to withdraw any products from this Website at any time and / or remove or edit any materials or content on this Website. Whilst we will use our reasonable endeavours to authorise payments submitted to us, there may be exceptional circumstances which mean that we may need to refuse to process or accept an order after we have received it or sent you an acknowledgement of receipt, which we reserve the right to do at any time, at our sole discretion. Tsholo Professonal will not be liable to you or any other third party by reason of our withdrawing any product from this Website, removing or editing any materials or content on this Website or for refusing to process or accept an order after we have received it or sent you an acknowledgement of receipt.

UNAUTHORIZED DISTRIBUTION

Tsholo Professional does not authorize the resale of our product (“Product”) by unauthorized retailers. Therefore any purchase order suspected to be use for illegal distribution or any other activity not approved in writing by an authorized Officer of Tsholo Professional may be subject to suspension or immediate termination of account and restrained from any further access to the Site. Any open order will be cancelled and credited back to Buyer. Tsholo Professional reserve the right to pursue any unlawful distributor for violations including.

The use of a false name, address, telephone number and/or credit card number to purchase any Products on this Site shall constitute fraud under the laws of the Indian govt. and shall constitute your stipulation and admission that

1) your use of a false name, address, telephone number and/or credit card was and is a fraudulent representation made at the time of purchase;

2) was made with the knowledge of said falsity;

3) was made with the intention to defraud Tsholo Professional;

INTELLECTUAL PROPERTY

All information and content available on the Website and its look and feel, including but not limited to trademarks, logos, service marks, features, functions, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organisation thereof (collectively, the “Content”) is the property of Tsholo Professional or our parents, subsidiaries, affiliates, partners or licensors, and is protected by INDIAN govt. and international laws, including laws governing copyrights and trademarks.

Except as set forth in the limited licenses in section below, or as required under applicable law, neither the Content nor any portion of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.

1) your use of a false name, address, telephone number and/or credit card was and is a fraudulent representation made at the time of purchase;

2) was made with the knowledge of said falsity;

3) was made with the intention to defraud Tsholo Professional;

LIMITED LICENSES: USE RESTRICTIONS

We grant you a limited, revocable, non-transferable, and non-exclusive license to access and make personal use of the Website. You understand and agree that you will not do or attempt to do or cause any third party to do or attempt to do any of the following in connection with your use of the Website:

Frame or utilize framing techniques to enclose the Website or any portion thereof;
Use any meta tags, “hidden text”, robots, spiders, crawlers, or other tools, whether manual or automated, to collect, scrape, index, mine, republish, redistribute, transmit, sell, license or download the Website, Content (except caching or as necessary to view the Website), or the personal information of others without our prior written permission or authorisation;
Make any use of the Website or any Content other than for personal use;
Modify, reverse engineer or create any derivative works based upon the Website or any Content;
Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; • “stalk” or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way;
Intentionally violate any applicable local, state, national or international law;
Transmit, upload, post, e-mail, share, distribute, reproduce, or otherwise make available any software viruses, malware, program, code, file, or other material intended to interrupt, disrupt, alter, destroy, or limit any part of the Website; and/or
Engage or make any unsolicited or unauthorised advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of “spam.”

We also grant you a limited, revocable, non-transferable, and non-exclusive license to create a hyperlink to the home page of the Website for personal, non-commercial use only. A website that links to the Website (i) may link to, but not replicate, any and/or all of our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive controversial or illegal or inappropriate for any ages (as determined in our sole discretion); (v) may not portray us or our products or services in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and/or (vi) may not link to any page of the Website other than the home page. We may, in our sole discretion, request that you remove any link to the Website, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by us to resume linking.

Any unauthorised use by you of the Website or any and/or all of our Content automatically terminates the limited licenses set forth in this Section 6 without prejudice to any other remedy provided by applicable law or these Terms.

1) your use of a false name, address, telephone number and/or credit card was and is a fraudulent representation made at the time of purchase;

2) was made with the knowledge of said falsity;

3) was made with the intention to defraud Tsholo Professional;

YOUR OBLIGATIONS AND RESPONSIBILITIES

By accessing or using the Website or any Content, you agree that you will comply with these Terms and any warnings or instructions on the Website. You agree that when accessing or using the Website or any Content, you will act in accordance with the law, custom and in good faith. You may not make any change or alteration to the Website or any Content or services that may appear on this Website and may not impair in any way the integrity or operation of the Website. Without limiting the generality of any other provision of these Terms, if you default negligently or wilfully in any of the obligations set forth in these Terms, you shall be liable for all the losses and damages that this may cause to us, our parents, subsidiaries, affiliates, partners or licensors.

YOUR ACCOUNT

Subject to the age restrictions outlined above, you may view and use many features of the Website without registering, including making purchases, but in order to access and use some parts of the Website, you may need to register an account with us. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. If there has been an unauthorised use of your password or account, please notify us immediately. You are responsible for providing and maintaining current, complete, accurate and truthful information on your account. You agree to accept responsibility for all activities that occur with your permission or authorization under your account, username and/or password, or because you fail to maintain sufficient security over your account, username and/or password. If you are accessing and using the Website on someone else’s behalf, you represent that you have the authority to bind that person as the principal to all Terms provided herein, and to the extent you do not have such authority you agree to be bound to these Terms and to accept liability for harm caused by any wrongful use of the Website or Content resulting from such access or use. You may cancel your online account with us at any time mailing us at meet@tsholocosmetics.com. We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms are violated or if we decide, in our sole discretion, that it would be in our best interest to do so.

THIRD PARTY LINKS

We are not responsible for the content of any third party sites even if they are linked to or from the Website. Links appearing on the Website are for convenience only and are not an endorsement by us, our parents, subsidiaries, affiliates or partners of the referenced content, product, service, or supplier. You use and access of these third party websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of the third party websites or any other websites linked to or from the Website, nor do we assume any responsibility or liability for the actions, content, products, or services of such websites, including without limitation, their privacy policies and Terms. You should carefully review the privacy policies and Terms of the third party websites you visit.

USER CONTENT

When you transmit, upload, post, e-mail, share, distribute, reproduce or otherwise make available suggestions, ideas, inquiries, feedback, data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials (“User Content”) on the Website in any manner, you are entirely responsible for such User Content. You hereby grant to us a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, and otherwise exploit such User Content throughout the world, in all media now known or hereafter developed, for any purpose whatsoever, including without limitation, developing, manufacturing, distributing and marketing products.

You represent and warrant that you own or otherwise control the rights to your User Content. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing, sharing, distributing, reproducing, or otherwise making available User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, fraudulent, inaccurate or misleading; (d) you were compensated for or granted any consideration by any third party; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.

We are in no way responsible for examining or evaluating User Content, nor do we assume any responsibility or liability for the User Content. We do not endorse or control the User Content transmitted or posted on the Website and therefore, we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using the Website, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Website. You hereby waive all rights to any claims against us for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with User Content.

You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content and we reserve the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms, we have the right to remove any User Content that violates these Terms or is otherwise objectionable and we reserve the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms or infringe the rights of others.

DELETION OF USER CONTENT

If you wish to delete certain of your public User Content, such as your ratings and reviews posting(s), on the Website or in connection with our mobile applications, please contact us by email at meet@tsholocosmetics.com and include the following information in your deletion request: first name, last name, user name/screen name (if applicable), email address associated with our website and/or mobile applications, your reason for deleting the posting, and date(s) of posting(s) you wish to delete (if you have it). We may not be able to process your deletion request if you are unable to provide such information to us. Please allow up to 10 business days to process your deletion request.

COPYRIGHT:

We respect the intellectual property of others and require that users of the Websites do the same. We also maintain a policy that provides for the termination in appropriate circumstances of the Websites’ use privileges of users who are repeat infringers of intellectual property rights. Consistent with the Digital Millennium Copyright Act, if you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send an e-mail or written notice to our Designated Agent for notices of infringement and provide the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that you claim is infringed;
Identification of the copyrighted work(s) that you claim has been infringed;
A description of the material that you claim is infringing and the location of that material on the Website;
Your address, telephone number and email address;
A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact us for notifications of claimed infringement at: meet@tsholocosmetics.com

NOTE: THE ABOVE CONTACT INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING TSHOLO PROFESSIONAL ONLINE THAT COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS AND SHOULD BE DIRECTED TO OUR CUSTOMER SERVICE TEAM BY EMAIL.

RISK AND TITLE

Any products ordered 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, or upon delivery, whichever is later.

DISCLAIMER OF LIABILITY

Due to the nature of this Website and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted to or obtained from this Website unless otherwise expressly set out on this Website. All product descriptions, information and materials posted on this Website are provided “as is” and without warranties express, implied or otherwise howsoever arising.

Either we nor our parents, subsidiaries, affiliates, partners, or licensors make any representations or warranties of any kind whatsoever, express or implied, in connection with these Website Terms or the Website or its contents or services.

You agree that neither we nor our parents, subsidiaries, affiliates, partners, or licensors will be responsible or liable in contract, warranty or in tort (including negligence) for any (a) interruption of business; (b) access delays or access interruptions to the Website; (c) data non-delivery, missed delivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the Website; (e) computer viruses, system failures or malfunctions which may occur in connection with your use of the Website, including during hyperlink to or from third party websites (f) any inaccuracies or omissions in content or (g) events beyond our reasonable control.

Our liability in connection with any product purchased through our Website is strictly limited to the purchase price of that product. Nothing in this Clause will affect your statutory rights as a consumer or your Contract cancellation rights.

Further, neither we nor our parents, subsidiaries, affiliates, partners, or licensors will be liable in contract, warranty, or in tort (including negligence) for any indirect, special, incidental, or consequential damages of any kind (including lost profits) related to the Website or your use thereof, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability for such claims exceed one hundred dollars (1,00,00,000.00).

You agree that no claims or action in contract, warranty, or in tort (including negligence) arising out of, or related to, the use of the Website or these Terms may be brought by you more than one (1) year after the cause of action relating to such claim or action arose. If you are dissatisfied with the Website, termination of your use of the Website is your sole remedy. We have no other obligation, liability, or responsibility to you.

*Do not rely on information on this site*

Site content is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action based on the content on our site. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

WAIVER

If you breach these Terms and we take no action, this is not a waiver of our rights and we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.

DISPUTES

Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute, claim, or controversy regarding the Website, shall be finally settled in accordance with the Comprehensive Arbitration Rules. The arbitration shall take place in Surat,Gujarat. The arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce the Agreement shall be entitled to costs and attorneys’ fees.

You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually, and (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilise class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

CONSENT TO RECEIVE NOTICES ELECTRONICALLY BY POSTING ON THE WEBSITE AND VIA EMAIL

You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which these Terms refer from us electronically including without limitation by e-mail or by posting notices on this Website. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by Contacting Us at meet@tsholocosmetics.com and discontinue your use of this Website. In such event, all rights granted to you pursuant to these Terms, including but not limited to the LIMITED LICENSES clause above, shall automatically terminate. Unfortunately, we cannot provide the benefits of this Website to any user that cannot consent to receipt of Notices electronically. This condition does not affect your statutory rights.

Please note that this consent to receive Notices is entirely separate from any election you may make with respect to receipt of marketing communications. Your options with respect to receipt of marketing communications are set forth in our Privacy Notice. This condition does not affect your statutory rights.

SEVERABILITY

If any of these Terms or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

COMPLAINTS

If you have a complaint about TSHOLO PROFESSIONAL, please contact our Customer Service team here: • via email to: meet@tsholocosmetics.com • via post to: Customer Support Team 323, Mahek Icon, Sumul Dairy Rd. ST-395004, India.

GOVERNING LAW & JURISDICTION

Except to the extent any applicable law provides otherwise, these Terms and any access to or use of our Services will be governed by the laws of the Gujarat, INDIA, excluding its conflict of law provisions. The proper venue for any disputes arising out of or relating to the Terms and any access to or use of our Services that are not otherwise subject to arbitration (as indicated below) will be the supreme and high courts located in Gujarat, INDIA.

ENTIRE AGREEMENT

The above Terms constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Tsholo Professional. Any waiver of any provision of the Terms will be effective only if in writing and signed by a Director of Tsholo Professional. All contracts for the purchase and sale of Tsholo Professional products from the Website shall be concluded in the language of these Terms.

CANCELLATIONS, REFUNDS AND RETURNS

Please refer to our Cancellation, Refunds and Returns Policy provided on our Site.

Terms And Conditions

Terms And Conditions

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