Terms of service

These Terms of Service ("Terms") govern your use of Lipastick.com, including all content, features, and services provided by Lipastick on or through Lipastick.com (the "Service").

By accessing or using Lipastick.com, you agree to be bound by these Terms. If you disagree with any part of these Terms, then you may not access Lipastik.com.

  1. Definitions

Expressions used in the regulations mean:

  1. Customer - a natural person, a legal person or an organizational unit that is not a legal person whose special provisions grant the legal capacity to place orders within the shop;
  2. Consumers - means a natural person who concludes a legal transaction with an entrepreneur that is not directly related to his or her business or professional activity.
  3. Civil Code - Civil Code of Ukraine No. 435-IV of January 16, 2003 (as amended up to January 1, 2020)
  4. Regulations - These Regulations set out the general conditions of sale and the rules for the provision of electronic services as part of the Lipastick online shop.
  5. Online Store (Store) - an Internet service available at https://lipastick.com/ through which the customer can in particular place orders;
  6. Goods - products presented in the online shop;
  7. Purchase Agreement - a contract for the sale of goods within the meaning of the Civil Code, concluded between Lipastick and the Customer and concluded via the Website of the Company;
  8. Consumer Rights Act - the Law of Ukraine “On Protection of Consumers' Rights,” dated 10 June 2023
  9. The Law on the Provision of Electronic Services - the Law of Ukraine “On Digital Content and Digital Services” as adopted by the Parliament of Ukraine was adopted on 10 August 2023
  10. Order - Letter of Intent of the customer, which aims directly at the conclusion of the purchase contract and specifies in particular the type and number of the goods.
  11. Use of the Service

You must be at least 18 years old to use this Service.

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer.

You agree to accept responsibility for all activities that occur under your account or password.

III. General provisions

  1. These provisions define the rules for the use of the online shop at https://lipastick.com/.
  2. These ordinances are the ordinances referred to in the Law of Ukraine “On Digital Content and Digital Services”
  3. The Lipastick-Online-Shop, which is operated under https://lipastick.com/, is operated by
  4. These regulations include in particular:

- Conditions for submitting orders through the online store;

- The principles of concluding sales agreements with the use of services provided as part of the online store.

  1. The use of the online shop is possible if the IT system used by the customer meets the following minimum technical requirements: JavaScript, screen resolution at least 320px.
  2. In order to use the online store, the customer should be given access to a computer station or a terminal with internet access.
  3. Lipastick reserves the right to restrict the provision of services through the online store in accordance with applicable law to persons who have reached the age of 18 years. In this case, potential customers will be notified.
  4. Customers can access, download and print these terms at any time via the link https://lipastick.com/.
  5. Intellectual Property

All content provided on Lipastick.com is for informational purposes only. We reserve the right to modify or discontinue the Service (or any part or content thereof) without notice at any time.

You may not use our content for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction.

All content on Lipastick.com including text, graphics, logos, images, and software, is the property of Lipastick and is protected by intellectual property laws.

Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by Lipastick.

Lipastick has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

  1. User Conduct

You agree not to use Lipastick.com to harass, abuse, or harm others or to engage in any unlawful activities.

You may not use the Service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction.

  1. The customer may place an order without registering in the store after having read and accepted these terms.
  2. In order to ensure the security of the transmission of messages and data relating to the services provided on the website, the online shop shall take technical and organizational measures that correspond to the degree of security threat of the services offered, in particular measures to prevent personal access Data is transmitted by unauthorized persons via the Internet.
  3. The customer is particularly obliged:

- to use the Online Shop in accordance with the provisions of applicable law of Ukraine, the provisions of the Regulations and the general principles of Internet use.

- Failure to deliver and not disclose content that is prohibited by law, such as content that promotes violence, defamatory or violates personal rights and other rights of third parties,

- to use the Online Shop in a manner that does not interfere with its operation, in particular through the use of certain software or devices;

- Failure to take any action, such as sending or placing unwanted commercial information (spam) as part of the online store,

- Use of the online store in a way that is not uncomfortable for other customers and for Lipastick,

- Use of all content contained in the Online Store for personal use only.

  1. Limitation of Liability

In no event shall Lipastick, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses.

VII. The procedure for concluding the Sales Agreement

  1. To enter into a sale agreement through the Online Store, go to https://lipastick.com/ and select the goods to take further technical steps based on the messages displayed to the customer and the information available on the website.
  2. The customer chooses the goods ordered by adding them to the shopping cart.
  3. During the order - until the button to confirm the order is pressed - the customer has the opportunity to change the entered data and the selected product. Follow the messages displayed to the customer and the information available on the website.
  4. After the customer has provided all the necessary data through the online store, a summary of the order placed will be displayed. The summary of the order placed will include, among other things, a description of selected goods or services, total price and all other costs.
  5. To place an order, you must accept the terms, provide personal information that is marked as mandatory and press the button to confirm the order.
  6. Information about the goods made available on the websites of the shop constitutes an offer in the sense of art. 641 of the Civil Code. Sending the order by the customer is a declaration of intent to conclude a sales contract with Lipatick in accordance with the terms.

The contract shall be deemed concluded as soon as the customer's order is received by the IT system of the online shop, provided the order meets the requirements.

Upon completion of the contract, the customer will receive an e-mail confirming all the essential elements of the order.

  1. The purchase contract is concluded in English with the contents in accordance with the provisions.
  2. Customers can access, download and print these terms at any time via the https://lipastick.com/ link.

Consolidation, security and availability of order data and terms and conditions (sales terms) will be made by e-mail. For security reasons, the order data is not available on the Internet.

VIII. Delivery and Shipping

  1. The delivery of the goods is limited to worldwide delivery and takes place at the address specified by the customer when ordering.
  2. The delivery of the ordered goods is carried out by:

- Courier service

There is no possibility of a personally ordered product in our store.

The shipping costs will be displayed at the time of order.

  1. The delivery time is at https://lipastick.com/pages/delivery-and-shipping and counts from the day on which the customer sends the order.
  2. Damage to the product during delivery.

In the case of online sales, our business always bears the risk of accidental damage or loss of the goods during transport. If the goods are delivered with obvious transport damage, we ask you to inform the supplier about this defect and to contact us as soon as possible. The delay in filing such a complaint or contacting it will not affect your statutory rights and their satisfaction, in particular your rights under the statutory warranty. Faster reporting of detected damage during transport helps us to enforce our own claims against the freight forwarder or transport insurer.

In the case of a customer who is not also a consumer: The risk of accidental damage or loss of the goods passes from the online store to the buyer when the goods are transferred to the carrier, who is involved in the carriage of goods of certain type or person designated by the buyer.

  1. Prices and Payment Methods
  2. The commodity prices are given in US dollars and do not include VAT, customs and all other components.
  3. The customer has the opportunity to pay the price

- Payment in the Stripe system

- Payment with PayPal

  1. The right to withdraw from the contract

Customers who purchase products or services through https://lipastick.com/ have the right to withdraw from the contract within 14 days of the date of purchase. To exercise this right, customers must notify sale@lipastick in writing of their intention to withdraw from the contract. Upon receipt of this notification, we will provide instructions for returning any goods received and will issue a refund of any money paid by the customer without the shipping cost. This right to withdraw from the contract does not apply to digital products or services that have been downloaded or used.

  1. Complaints about the goods

Applies to a consumer who is a consumer:

We are obliged to deliver goods free of defects.

Complaints can be submitted:

- by e-mail to the address: sale@lipastick.com.

When exercising warranty rights - if we consider the examination of the complaint to be necessary, you are obliged to deliver the defective goods at our expense to the above-mentioned postal address. If delivery of the goods is overly difficult due to the nature of the product or the type of installation, you must provide it to us at the place where it is located. We undertake to respond to the complaint without delay, but no later than 14 days from the date of submission.

We are responsible for the warranty if the physical defect is discovered within two years of delivery of the goods to you. If the object of sale is a used movable object, the warranty obligation is one year from the date of issue.

The complaint recommends (1) providing information on the subject matter of the complaint, in particular the nature and date of the defect; (2) Defining an application for the method of remedying the defect (replacement of the goods by a new one, repair of the goods, reduction of the price, withdrawal from the contract - if the defect is significant); and (3) providing the contact details of the complaining party - this facilitates and accelerates the review of the complaint by the store. The recommendations mentioned in the previous sentence are only non-binding guidelines and in no way affect the effectiveness of the complaints submitted without providing the recommended information.

Applies to a customer who is not a consumer:

In the case of a sales contract concluded with a customer who is not also a consumer, the liability of the online shop from the warranty for defects of the product is excluded. This exclusion is ineffective if fraudulently concealed by us.

XII. Additional warranties when selling goods in the store

Lipastick is a manufacturer of goods that are available in the store. Lipastick, as the manufacturer, grants an additional guarantee for goods which are the manufacturer under the conditions and for the period specified in the warranty card attached to the goods. The warranty granted by us does not exclude, limit or exclude the Customer's rights under the warranty terms for defects in the item sold.

XIV. Complaints regarding the provision of electronic services

  1. Lipastick takes steps to ensure the proper operation of the online store, to the extent that it is state-of-the-art, and is committed to remedying any irregularities reported by customers within a reasonable time.
  2. Customer may notify us of any irregularities or interruptions in the operation of the Online Store Website. Irregularities related to the operation of the business should be reported electronically to the following email: sale@lipastick.com.
  3. If you have any complaints about irregularities related to the operation of the Online Store website, please specify the nature and timing of the irregularity.
  4. We undertake to respond to the complaint without delay, but no later than 14 days from the date of submission.
  5. Extra-judicial ways to handle complaints and redress
  6. Please, note that there are ways to deal with complaints and appeals in an out-of-court manner. Their use is voluntary and can only take place if both parties to the dispute agree.

- The consumer may request the initiation of a procedure for out-of-court settlement of consumer disputes.

- The consumer may also submit an application for recognition of a dispute concerning the concluded sales contract by a permanent arbitration court.

- The European Commission also provides a platform for online dispute resolution between consumers and entrepreneurs (OS platform). You can find it at: http://ec.europa.eu/consumers/odr/.

XVI. Final provisions

  1. Place of jurisdiction for disputes with consumers is the court having jurisdiction under the applicable provisions of the Code of Civil Procedure.
  2. The settlement of disputes between Lipastick and the Customer who is not a consumer is subject to a court having jurisdiction for our place of business.
  3. For matters not covered by these Regulations, the provisions of applicable law, in particular the provisions of the Civil Code Consumer Rights Act - the Law of Ukraine “On Protection of Consumers' Rights,” dated 10 June 2023The Law on the Provision of Electronic Services - the Law of Ukraine “On Digital Content and Digital Services” as adopted by the Parliament of Ukraine was adopted on 10 August 2023 shall apply. In the event of discrepancies between these provisions and the rights of the customer and provisions resulting from generally applicable provisions, the generally valid provisions of Ukrainian law shall apply.

XVII. Changes to Terms of Service

Lipastick reserves the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.

Contact Information

If you have any questions about these Terms, please contact us at sale@lipastick.com.