Terms And Conditions
You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offence under the Computer Misuse Act 1990. LORDANDBERRY.COM will report any such breach to the relevant law enforcement authorities and disclose your identity to them. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it. Intellectual Property, Software and Content The intellectual property rights in all software and content made available to you on or through this Website remains the property of LORDANDBERRY.COM or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by LORDANDBERRY.COM and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise. You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by LORDANDBERRY.COM LORDANDBERRY TM are trademarks belonging to LORDANDBERRY EUROPE AND LORD&BERRY INC No license or consent is granted to you to use these marks in any way, and you agree not to use these marks or any marks which are colorable similar without the written permission of LORDANDBERRY.COM.
LORDANDBERRY.COM reserves the right to close an account if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple accounts, or disrupts any of our services in any way. This IP License ends when you delete your IP content or your account provided that your content may still be accessible if it has been shared with others, and we are not obligated to delete IP content shared by you. You also acknowledge that LORDANDBERRY.COM is not obliged to publish any material submitted by you on any LORDANDBERRY.COM publication. We always appreciate your feedback or other suggestions about LORDANDBERRY.COM, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them). If you do not want to grant LORDANDBERRY.COM the permission set out above on these terms,. The Service provides you with the ability to interact with social media services, such as through Facebook “Like” buttons, Twitter and otherwise. These features may enable integration and/or access to your social media accounts. We do not control those social media services, your profiles on those services, modify your privacy settings on those services or establish rules about how your personal information on those services will be used. You and the social media service providers are in control of those issues, not LORDANDBERRY.COM. You are encouraged to read all policies and information on the applicable social media services to learn more about how they handle your information before using any such features made available to you on our Service. We are not responsible for any acts or omissions by any social media service provider or your use of features that come from their platform.
Orders and Terms 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. 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. In order to contract with LORDANDBERRY.COM you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. LORDANDBERRY.COM retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be LORDANDBERRY.COM or may in some cases be a third party. Where a contract is made with a third party LORDANDBERRY.COM is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized 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. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
Most orders are processed within 1-2 business days. Likewise, orders placed on non-business days (weekends or holidays) will be processed on the next business day. Orders are processed, shipped and delivered on business days only. lordandberry.com cannot ship to PO boxes at this time, with the exception of US Military PO boxes.
After your order is placed, you will be emailed a receipt. When your order is processed, you will receive another email with the tracking number linked to the the national courier service or reference such as USPS or FedEx website for USA, where you can view delivery status. Please note that FedEx may not have tracking information available for up to 12 business hours after the order has shipped.
lordandberry.com/USA can only ship orders within the United States and Canada, including Puerto Rico, Guam, the US Virgin Islands and Military boxes. Orders to Puerto Rico, Guam, USVI and APO boxes are shipped via the U.S. Postal Service or SmartPost. Products that contain SPF cannot ship to Canada and will be removed from your shopping cart at checkout.
You may receive free mini product samples or GWP bags with orders above with orders over $80, €80 or £70subject to product availability and promotions are operating till stock last and on a first come first served order handling.
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until your payment has been approved by us and we have debited your credit or debit card.
Professional account holders along with Supplier Associated account holders have a different company contract while using lordandberry.com please contact customer service for details. Professionals should email their professionals qualifications to [email protected] to open a professional account. Professional accounts are subject to Lordandberry.com approval and lordandberry.com reserves the right to confirm create or suspend any professional account without notice.
From November 1st 2017 Professional Accounts enjoy a discount off retail. If you place an order as a professional account, you will be offered the professional discount available at the time of the order as following:
- 40% off on whole shopping cart and 30% off on accessories.
- No minimum order (£, €, $).
- These commercial terms may not be combined with other promotional offers.
- Shipping charges are applied.
Professional Accounts and Supplier Accounts carry a different account return policy. Please contact customer service for details.
Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Where applicable, prices are inclusive of VAT. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total VALUE'. The Service may contain typographical errors or other errors or inaccuracies and may not 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 fill any orders that you may place based on information on the Service that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies
Upon receiving your order we carry out a standard pre-authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorization check has been completed. Your card will be debited once the order has been accepted.
Discount Codes and Promotional Programs
Promotional discount codes - We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made though this Website. The conditions of use relating to any discount code will be specified at the time of issue. These TERMS & CONDITIONS, relate to all LORDANDBERRY.COM promotions, competitions, and discount codes (unless otherwise stated).
Any promotional voucher is usually limited to one per order per customer. Promotional vouchers or other promotional programs may not be valid in conjunction with any other offer or discounts. A promotion code can't be used after an order has been placed. Lord&Berry and lordandberry.com reserve the right to change or cancel any offer, program or promotion without notice. Complimentary shipping on all orders above or equal to 3 pieces. This offer applies exclusively to order shipped to continental US, and the United Kingdom. If a discount was applied to your original order, the amount refunded will be adjusted to allow for the revised order value and appropriate discount level.
Online purchases during Seasonal Sales do not need code at the checkout. The Offer during the Seasonal Sale is valid only at lordandberry.com - the sections "accessories" and "kits & palettes" are excluded. There is a limit of one offer to a customer. Only one offer may be applied to each order; offers may not be combined. Applicable purchase amount does not include the purchase of eGift Cards, shipping, handling or sales tax charges, gift wrap charges, items noted as not eligible, or items that are not in stock at the time of purchase. Any Promotions and/or Special Offers for PRO Members or other Customers programs and discount vouchers or codes will cease and kept disabled during Seasonal Sale programs during January or August for the time set on the sale. Once the Seasonal Sale is complete all other programs will be active again. Free items are not eligible for returns or exchanges. Allow up to 4 business days for processing. Offers cannot be applied to previously placed orders or to orders placed after the expiration date. We reserve the right to cancel any order due to unauthorized, altered or ineligible use of offer and to modify or cancel any promotion due to system error or unforeseen problems. Ongoing offers are subject to change without notice. Other restrictions may apply.
From time to time Lord&Berry can organize a free shipping period for the various regions. Free shipping terms may vary from region to region. For specific details in your region please contact customer service at [email protected] Most often free shipping could be organized either with a minimum purchase value of ($, £) of 11.00 or with a minimum purchase of three units or with other minimum values such as € 65.00.
Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law LORDANDBERRY.COM and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect LORDANDBERRY.COM's liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
You agree to indemnify, defend and hold harmless LORDANDBERRY.COM, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
LORDANDBERRY.COM 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.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/ sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise: please let us know if you have any complaints or comments.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions. Governing Law and Jurisdiction These terms and conditions are to be construed in accordance with the laws of England Italy (EU) or New York (USA) depending on the origin of your purchase from US, EU or UK store. In the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the English courts.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and LORDANDBERRY.COM. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of LORDANDBERRY.COM.
Ethical Sourcing Policy
As a reputable and trusted business committed to offering its customers high quality products, LORDANDBERRY.COM recognizes its obligation to ensure that suppliers are operating ethically. We expect our suppliers to consistently provide an environment which protects their employees' health and safety and basic human rights. All suppliers are expected to comply with their national employment laws and regulations with particular regard to: Minimum age of employment Freely chosen employment Health and safety Freedom of association and the right to collective bargaining No discrimination No harsh or inhumane treatment Working hours Rates of pay Terms of employment LORDANDBERRY.COM will never knowingly source stock from countries which are in breach of the above principles. We also look to our suppliers to instil these principles when dealing with their own supplier base. Because of the sometimes complex nature of our suppliers' supply chain, it is not always possible to monitor and control the conditions of each individual involved in the production of our products. However, as LORDANDBERRY.COM continues to grow it recognizes the importance of being proactive and doing everything within its power to support the rights of those involved in the manufacture of its goods.
LAB PRO TEAM PROGRAM – United Kingdom and United States
2 . LAB PRO TEAM PROGRAM. To participate in the Program you must be 18 years or older. Families, and members of LAB (lordandberry) Pro are not eligible to participate. Corporations, groups or associations cannot enroll. The registration in the Program is strictly personal. Neither accounts nor program points may be shared or combined with other promotional program available at the webstore. Please note that suspected illegal, fraudulent or other unauthorized use of LAB (lordandberry) PRO program such as issued vouchers, coupons and certificates or any other activity inconsistent with these Terms and Conditions shall result in termination of membership. LAB (lordandberry) reserves the right to audit membership accounts at any time.
3 . LAB PRO. LAB (lordandberry) PRO membership is currently only available to artists and artistry students in the United Kingdom, United States and Canada. Makeup artists/professional and artistry students may apply for PRO membership by downloading and submitting the application available on lordandberry.com. You may contact us to confirm your application was received, but please allow at least one (1) weeks for processing. As a PRO member, you will receive a discount on LAB (lordandberry) products, a PRO membership card and access to our PRO newsletter packed with the latest trends in makeup and professional artistry. You will receive your product discount when you place an order with LAB (lordandberry) WEBSTORE or PHONE by calling +44 2070978691 or on lordandberry.com. Please be aware that the PRO discount does not apply to promotional items. LAB (lordandberry) PRO membership and the special privileges associated with it may only be used by the individual to whom the membership is issued. LAB (lordandberry) PRO membership cards remain the property of LAB (lordandberry). In the event that the PRO membership card is used in a manner which violates program guidelines, LAB (lordandberry) reserves the right to cancel the membership, render the card inactive, and revoke membership privileges. LAB (lordandberry) also reserves the right to modify the PRO program and its benefits at any time without prior notification.
4 . PURCHASE POLICIES AND PURCHASE PROCEDURES. Products purchased by PRO members using the membership discount are for the member’s personal and professional use only. LAB (lordandberry) reserves the right to limit member purchases. Items purchased with the PRO discount are final sale. The LAB (lordandberry) PRO membership discount does not apply to any promotional item or program available at Lordandberry.com
5 . ACCURACY OF THE INFORMATION WE PROVIDE. We attempt to be as accurate as possible when describing our products on lordandberry.com; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors, information or other content available on lordandberry.com are accurate, complete, reliable, current, or error-free.
6 . INTELLECTUAL PROPERTY. All information and content available on lordandberry.com , including but not limited to trademarks, logos, service marks, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the " Content" ) is the property of LAB (lordandberry) , our affiliates, partners or licensors, and is protected by United States and international laws, including laws governing copyrights and trademarks. Neither Content nor any portion of lordandberry.com may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without express, prior written Consent of LAB.
7 . LIMITED TEMPORARY LICENSES. We grant you a limited, revocable, and non-exclusive license to access and make personal use of lordandberry.com. This limited license does not include the right to: (a) frame or utilize framing techniques to enclose the Site or any portion thereof; (b) republish, redistribute, transmit, sell, license or download lordandberry.com or any and/or all Content (except caching or as necessary to view lordandberry.com); (c) make any use of lordandberry.com or any and/or all Content other than personal use; (d) modify, reverse engineer or create any derivative works based upon either lordandberry.com or any and/or all Content; (e) collect account information for the benefit of yourself or another party; (f) use any meta tags or any other "hidden text" utilizing any and/or all Content; or (g) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. You must retain, without modification, all proprietary notices on lordandberry.com or affixed to or contained in lordandberry.com. We also grant you a limited, revocable, and nonexclusive license to create a hyperlink to the home page of lordandberry.com for personal, non-commercial use only. A website that links to lordandberry.com (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; (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 (vi) may not link to any page of lordandberry.com other than the home page. We may, in our sole discretion, request that you remove any link to lordandberry.com, 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 unauthorized use by you of lordandberry.com or any and/or all of our Content automatically terminates the limited licenses without prejudice to any other remedy provided by applicable law or these Terms and Conditions.
8 . YOUR OBLIGATIONS AND RESPONSIBILITIES, YOU ACCOUNT AND THIRD-PARTY LINKS.
In the access or use of lordandberry.com, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on lordandberry.com. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to lordandberry.com or any Content or services that may appear on lordandberry.com and may not impair in any way the integrity or operation of lordandberry.com. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to LAB (lordandberry), our affiliates, partners or licensors. If you do register, you will have an email address/username and password for your account(s). You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. You are responsible for keeping such information current, complete, accurate and truthful. You agree to accept responsibility for all activities that occur under your account, username and/or password. You agree to provide only current, complete, accurate and truthful information. If you are accessing and using lordandberry.com on someone else's behalf, you represent that you have the authority to bind that person as the principal to all Terms and Conditions provided herein, and to the extent you do not have such authority you agree to be bound to these Terms and Conditions and to accept liability for harm caused by any wrongful use of lordandberry.com or Content resulting from such access or use. We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms and Conditions are violated or if we decide, in our sole discretion, that it would be in LAB (lordandberry) best interests to do so. We are not responsible for the content of any off-website pages or any other websites linked to or from lordandberry.com. Links appearing on lordandberry.com are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-website pages or any other websites linked to or from lordandberry.com, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit.
1 0. EDITORIAL CREDIT PROGRAMS. LAB (lordandberry) offers all makeup artists free product for editorial credit. If a makeup artist mentions LORD&BERRY in any beauty or fashion print magazine or editorial, the artist is eligible for a product credit pending approval by LAB (lordandberry). In order to receive the credit, the editorial should read for example,
“Makeup by Jenny Priest for LAB (lordandberry) Make Up”. Credit amounts below are subject to change, but please contact [email protected] for any editorial credit enquiry is digital or paper.
1 1 . COPYRIGHTS COMPLAINS We fully respect the intellectual property of others. If you believe that a work has been copied on lordandberry.com in a
way that constitutes copyright infringement, please contact [email protected].
1 2 . LIMITATIONS OF LIABILITY, REPRESENTATIONS AND WARRANTIES. Lordandberry.com is presented "as is." we make no representations or warranties of any kind whatsoever, express or implied, in connection with these terms and conditions or lordandberry.com, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable. You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort (including negligence) or otherwise), under any circumstances, for any (a) interruption of business; (b) access delays or access interruptions to lordandberry.com; (c) data non-delivery, misdelivery, 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 lordandberry.com; (e) computer viruses, system failures or malfunctions which may occur in connection with your use of lordandberry.com, including during hyperlink to or from third party websites (f) any inaccuracies or omissions in content or (g) events beyond our reasonable control. Further, to the fullest extent permitted by law, we will not be liable for any indirect, special, punitive, incidental, or consequential damages of any kind (including lost profits) related to lordandberry.com or your use thereof regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability exceed ten dollars (0.00). You agree that no claims or action arising out of, or related to, the use of lordandberry.com or these terms and conditions may be brought by you more than one (60) days after the cause of action relating to such claim or action arose.
1 3 . INDEMNIFICATION AND DISPUTES. You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third-party claim, action, or demand resulting from your use of lordandberry.com or breach of these Terms and Conditions. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure. With respect to any dispute regarding lordandberry.com, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of New York, as if the Terms and Conditions were a contract wholly entered into and wholly performed within New York. Any dispute relating in any way to your visit to lordandberry.com shall be submitted to confidential arbitration in New York and you submit to the jurisdiction and proceedings thereof, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes.
1 5 . GENERAL You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of lordandberry.com, and supersede and govern all prior proposals, agreements, or other communications. We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on lordandberry.com and providing notice of such change. Any changes are effective immediately upon posting to lordandberry.com. Your continued use of lordandberry.com thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of lordandberry.com. Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision. If you have any questions regarding these Terms and Conditions, please email us at [email protected] .
Copyright © LAB (lordandberry) for Lord&Berry North America Ltd, Lord&Berry Ltd and Lord&Berry Europe srl. All worldwide rights reserved