These Terms of Use constitute a legally binding agreement made between you, whether personally or behalf of an entity ("you") and Makeup By Rach LLC ("Company" , "we" , "us" , or "our") concerning your access to and us of the shopmakeupbyrach.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Site"). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. 

IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND MUST DISCONTINUE USE IMMEDIATELY.

Minors or people below 18 years old are not allowed to use this Website.

We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time, for any reason.

1. If you place a Qualifying Customer Order, the Product(s) that you are purchasing will be sold by MAKEUPBYRACH LLC under these Terms and Conditions. Your payment information, shipping address, and any additional information required or requested to complete your order will be shared directly with MakeupByRach LLC, in order to enable us to complete your Qualifying Customer Order.

3. Your Qualifying Customer Order is subject to: (1) these Terms and Conditions; and (2) any relevant terms and conditions imposed by the Merchant. By completing your purchase, you confirm that you have read and agree to be bound by all of these. By placing a Qualifying Customer Order on the Merchant’s website, you understand and agree that:

3.1 You are dealing with and providing your information to Makeup By Rach LLC. We may contact you about your order.

3.2 If there is an error in the price listed for a Product on the Merchant’s website, or in the price applied to the product during the sale of and processing of your order for the Product, Makeup By Rach LLC and its nominated agents are entitled to contact you, correct the price, and/or cancel your order.

3.3 The Merchant remains responsible for handling payment for your order.

3.4 Once your payment is processed, ownership in the items will shift from Makeup By Rach LLC, to you.

3.5 Certain addresses will be ineligible for shipment, such as PO box addresses.

3.6 We may refuse service, refuse to process or complete Qualifying Customer Orders, remove or edit content, or cancel such orders for any reason or for no reason, in its sole discretion.

3.7 If you are under the age of majority in the jurisdiction in which you reside, approval of your parent or guardian is required to complete your purchase.

3.8 You authorize Makeup By Rach LLC and its nominated agents and contractors to perform any of the following activities in connection with the delivery of any Products: (i) to act as your agent to make and file customs declarations and all related actions as your direct representative, which expressly includes completing any documents, amending product or Harmonized System codes, and paying any duties, taxes or penalties required under applicable laws and regulations; (ii) to act as forwarding agent for customs import and export control purposes solely for the purpose of designating a customs broker to perform customs clearance and entry; and (iii) to redirect an order to your customs broker or other address upon request by any person whom Makeup By Rach nominated agents and contractors believe in its reasonable opinion to be authorized.

4. Currency. You may select your preferred payment method and currency from a list of options available at the time of checkout. Please note that the relative value of currencies may vary, and as a result, the actual purchase price for items in your order may vary based on the currency selected.

5. Billing. If you use a payment card or other electronic form of payment as your payment type, the charges to your account for your order will be subject to the Merchant’s terms and conditions.

6. Shipping. Items in your order may be shipped via a single shipment, or via multiple shipments. If items in your Qualifying Customer Order are shipped via multiple shipments, or if your order is only partially filled and shipped, you will only be charged for those items that are actually shipped to you.

7. Chargebacks, Fraud Prevention and Void Transactions. For your protection, Makeup By Rach LLC may use various fraud prevention protocols and policies, and industry-standard verification systems, to reduce fraud and minimize chargeback risks. You must comply with such protocols and policies, including card authentication, and “ship to” and “bill to” address verification. Once an order is placed, you may not change any authenticated payment information or any verified “ship to”/“bill to” address. If there is a systemic error which results in the processing or acceptance of a transaction for which authorization has been declined, that transaction will be voided.

8. Customer Service and Returns. Questions or complaints about your order should be directed to the Merchant in the first instance. Makeup By Rach LLC does not accept any returns. All Sales are Final and no refund will be issued.

9.1 Compliance with Applicable Laws. You certify that any Products purchased through a Qualifying Customer Order will not be imported, exported, sold, or transferred in violation of any applicable laws, including without limitation the United States Export Administration Regulations or applicable United States sanctions and embargoes administered by the United States Treasury Department, and equivalent statutes, regulations and codes of England and Wales or the EU. It is your responsibility to know the laws of the country into which you are importing any Products that you order from the Merchant’s website. By placing a Qualifying Customer Order you certify that the import of the Products you have ordered to the country of the shipping address you have provided does not violate any laws or regulations of that country.

9.2 Privacy. To complete your Qualifying Customer Order you will be providing personal information to the Merchant and Makeup By Rach LLC and you consent to your personal information being collected, used, processed, disclosed and/or stored by the Merchant and our service providers as may be required in order to process and complete your order and otherwise provide the services you have requested, in accordance with our Privacy Policy. Makeup By Rach LLC accepts no liability or responsibility for the collection, use, processing, disclosure or storage of your personal information by the Merchant or any service provider engaged by the Merchant. The collection, use, processing, disclosure and/or storage of your personal information by the Merchant or its service providers is governed by the Merchant’s privacy policy. We may analyse transactional data for the purpose of identifying trends, statistics and measurements that could contribute to the enhancement of the Merchant’s Customer experience and/or the services provided by us. Any transactional data analysed for these purposes will be aggregated and de-identified, meaning that any personally identifiable information will be removed.

9.3 Electronic Communications. When you place a Qualifying Customer Order through the Merchant’s website, you are communicating with Makeup By Rach LLC electronically, and you consent to entering into this agreement by electronic means, and to receive communications from us electronically/via email.

9.4 Modifications. You acknowledge that Makeup By Rach LLC may make changes to its system, policies, and these Terms and Conditions at any time. We will ensure that the current version of these Terms and Conditions is presented every time you make a Qualifying Customer Order on the website. You are responsible for reviewing these Terms and Conditions each time you make a Qualifying Customer Order. If you do not agree to any change in the Terms and Conditions, you must not complete your order. Any order placed after the effective date of a change will constitute your agreement to the change and to the current Terms and Conditions .

9.5 Proceedings. Any action or proceeding arising out of or relating to these Terms and Conditions must be brought in the courts of Florida, United States, and you hereby irrevocably agree to the jurisdiction of the courts of Florida, United States for all such purposes.

9.6 Language. The parties have agreed and expressly requested that this agreement and all documents related to it be drawn up in English.

 

INTELLECTUAL PROPERTY RIGHTS

Other than the content you own, under these Terms, Makeup By Rach and/or its licensors own all the intellectual property rights and materials contained in this Website.

You are granted limited license only for purposes of viewing the material contained on this Website.

RESTRICTIONS

You are specifically restricted from all of the following

• publishing any Website material in any other media;
• selling, sublicensing and/or otherwise commercializing any Website material;
• publicly performing and/or showing any Website material;
• using this Website in any way that is or may be damaging to this Website;
• using this Website in any way that impacts user access to this Website;
• using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
• engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
• using this Website to engage in any advertising or marketing. Certain areas of this Website are restricted from being access by you and Makeup By Rach may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.

YOUR CONTENT

In these Website Standard Terms and Conditions, “Your Content” shall mean any audio, video text, images or other material you choose to display on this Website. By displaying Your Content, you grant Makeup By Rach a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media. Your Content must be your own and must not be invading any third-party’s rights. Makeup By Rach reserves the right to remove any of Your Content from this Website at any time without notice.

NO WARRANTIES

This Website is provided “as is,” with all faults, and Makeup By Rach express no representations or warranties, of any kind related to this Website or the materials contained on this Website. Also, nothing contained on this Website shall be interpreted as advising you. 

 

AFFILIATE PROGRAM

Our program is a referral program that allows users to share in commission on sales where their referral code is used. Referrals only are active and eligible if the referral discount code is not leaked or is not posted on a coupon or discount website or used to stack on top of our sales during a sale period. Makeup By Rach LLC can deem a user or coupon ineligible or disqualified from the referral program at any time and Makeup By Rach has no obligation to pay out a commission for any reason. All referral payouts are at the complete discretion of Makeup By Rach. 

INDEMNIFICATION

You hereby indemnify to the fullest extent Makeup By Rach LLC from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.

GOVERNING LAW & JURISDICTION

These Terms will be governed by and interpreted in accordance with the laws of the State of Florida, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Florida for the resolution of any disputes.

FOR ANY QUESTIONS OR CONCERNS PLEASE EMAIL:

info@shopmakeupbyrach.com