Ownership of the Website and of Products.

 

Toly Management Limited, hereinafter “Toly”, a limited liability company incorporated and operating under the laws of the Republic of Malta, whose registered address is Toly Malta Sales Limited, Toly Corporate Offices, BLB036, Bulebel Industrial Estate, Zejtun, Malta, Europe ZTN 3000, company number C55846, whose authorised legal representative Andrew Gatesy, and whose data protection officer is Nicholas Xuereb, hereinafter welcomes you to the Beauty Source website (hereinafter, the “Website”), of its exclusive property.

 

Toly is the sole owner of the division Beauty Source (“Beauty Source”) and its services whether or not present on the Website (altogether, the “Services”).

 

Products showcased on the Website are for sale online and are not manufactured by Toly.

 

 

General terms of use of the Website

 

1. Access to the Website, these general terms
   1. Connection to the Website through any device, browsing and purchasing the products, reading relevant information, and communication with Beauty Source through the Website imply that you are without any limitations and conditions accepting and abiding by the general conditions of use of the Website, the privacy policy and the cookies policy. If you do not agree in full or in part with these conditions, you are required to abandon the Website and to refrain from any use of it.
   2. Beauty Source may unilaterally change or update all and / or part of the general terms of use of the Website and of the Privacy Policy. Beauty Source recommends you to visit this section regularly.
   3. You are solely responsible for your accessing to the Website and its use in any form and Beauty Source shall not in any way be held responsible, if you conduct said activities without meeting the requirements set for the use of the Website.
   4. Access to the Website is free of charge.
   5. Beauty Source does not warrant that the Website, the products and other contents are always available or served without interruption.
   6. Access to the Website is allowed on a temporary basis: Beauty Source may at its own discretion and without any notice suspend, cancel, interrupt or modify any part of it.
   7. Beauty Source is not responsible should the Website or part of it not be reachable for whatever reason.
   8. Beauty Source is not responsible for any inconvenience or damage resulting from viruses, corrupted files, errors, omissions, interruptions, deletion of content, connection problems, unauthorised access, alteration of data, failure or malfunction of your devices.
   9. Beauty Source takes every precaution to ensure you a comfortable, functional, and enjoyable use of the Website, but does not guarantee either implicitly or explicitly the continuity and completeness of the Website as well as the absence of any element harmful to your devices, your data and your sensitivity. Beauty Source is not responsible for content that may hurt your sensitivity.
   10. You are the only subject responsible for the communication of your information and incorrect, incomplete, or false data about you and / or of third parties who have not given their consent to the transmission of such data.
   11. You are the only subject responsible for the safekeeping and proper use of information you transmitted and / or received and Beauty Source is in no way responsible for any damage or harm caused to you and / or third parties from incorrect use of such information, its loss or subtraction that in any way occurred to such information.
   12. You are responsible for third parties’ access to the Website using information or devices belonging to you.
   13. You are not allowed to make any attempt to circumvent or overcome any of the Website’s protection or use the Website for purposes other than browsing and, if you so wish, purchasing, the products and getting information and updates about Beauty Source and its services.
   14. These terms of use apply regardless of the device utilised to visit and enjoy the Website, including any Toly mobile applications.
   15. Toly may transfer its rights and obligations to another organisation, but this shall not affect your rights or obligations under these terms of use.

 

2. Information contained in the Website
   1. Beauty Source does not guarantee the accuracy of information provided in the Website, nor does it guarantee that it is free from errors or omissions. Beauty Source uses reasonable efforts to include only accurate and up-to-date information on the Website; nevertheless, Beauty Source makes not representations, warranties or guarantees, whether expressed or implied, concerning such information, expressly including on the products sold through the Website itself.
   2. The Website, the products and description of Beauty Source services therein showcased are provided for general information only and “as is”.
   3. The images of the products on the Website are for illustrative purposes only. The presentation of such actual products may vary from that shown on images on the Website.
   4. Several products are available in different sizes, weights, quantities and varieties.

 

3. Intellectual property rights
   1. The trademarks “Toly” and “Beauty Source”, the Website, the services, the products and all content contained therein, including, without limitation, descriptions, photographs, video, graphics, processes, etc. are the exclusive property of Toly, or the products’ manufacturers, as the case may be, including all intellectual and industrial property rights. You are allowed not only to visit the Website, but also to print, copy and transmit images to third parties and to describe the products present on it, provided you conduct such activities for lawful purposes.
   2. You are not allowed in any way to reproduce in whole or in part the content of the Website, unless Beauty Source or such third parties express their consent in advance and in writing. Any other use is not permitted and will be prosecuted.

 

4. Links
   1. Anyone intending to make a link to any section the Website must ask permission of it by sending a request to [email protected] and obtaining written consent by Beauty Source. In absence of such explicit consent, any link to the Website will be prohibited and Beauty Source will seek any measure to remove it.

 

5. Severability
   1. If any court or relevant authority adjudicates that any of the provisions of these terms are unlawful or unenforceable, the remaining one shall remain in full force and effect.

 

6. Governing law and jurisdiction
   1. These terms of use are governed by the laws of Malta.
   2. Any dispute not settled off court between users and Beauty Source shall be submitted to the exclusive and final adjudication of the Courts of Malta.

 

7. Newsletter
   1. Users may at their will subscribe to Beauty Source’s newsletter and receive it free of charge on a regular basis on the email address they provide when subscribing.
   2. Users may cancel such subscription with immediate effect at any time by following the dedicated cancellation procedure included in each email and available at this link [https://beautysource.us13.list-manage.com/unsubscribe?u=ff20839e106c0081ea0b688b6&id=109b49a32b&e=d5c20d656d].
   3. Users that wish to cancel their subscription may do so by following the “unsubscribe” option at the bottom like most other normal email chains.

 

8. Sale and purchase of products showcased on the Website
   1. Beauty Source sells certain beauty products on the Website.
   2. Only users that qualify as consumers according to applicable laws are allowed to make purchases on the Website. Therefore, no B2B sale and purchase agreement can be concluded through the Website.
   3. Consumers enjoy the rights granted to them by the law, including the right to withdraw.
   4. Nevertheless, Beauty Source bears no liabilities for products defectiveness and for damages in the broadest sense, including allergies and injuries, for which the products’ manufacturers shall be held fully responsible, accountable and liable.

 

9. Communications
   1. If you have any questions about the Website or these general terms, or wish to report technical issues, including phishing attempts, are welcome to contact [email protected]