1. GENERAL PROVISIONS
The seller Korean Cosmetic Lab, UAB (hereinafter – the Seller) provides services and sells cosmetic products (hereinafter – the Goods) in accordance with the terms and conditions outlined below (hereinafter – Terms and Conditions). The Customer acknowledges that he/she has read, understood, and agreed, without limitation to be bound by these Terms and Conditions.
Where the Consumer purchases cosmetics offered in this website ( ), such mutual agreement shall be deemed to be a distant purchase agreement and is subject to provisions of the laws of the Republic of Lithuania governing the distance agreement (Article 6.2288 of the Civil Code, the Law on “Protection of Consumers Rights”).
The agreement for purchase of the Goods (hereinafter – the Purchase agreement) shall be deemed to be concluded as of the time of payment for the Goods.
2. PRIVACY
Fundamental rights and freedoms of the Customer as natural person, regarding the processing of data of a natural person in accordance with the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons regarding the processing of personal data (GDPR) and on the free movement of such data, and repealing Directive 95/46/EC, are fully protected.
The Seller does not use or share the obtained information that the Customer provides online unless it is required by law. The Seller may process personal data in a summarized manner for the needs of statistics to analyze and improve the services provided.
Customer’s personal data is processed only by the Seller and its business partners, who provide delivery services, IT structures, and payment platforms. The minimum scope of personal data is transferred to the business partners on need-to-know basis
The Customer has following rights: right to request access to his/her personal data, right to request rectification or erasure his/her personal data, right to request restricting or object to processing of his/her personal data, right to request movement of his/her personal data (portability), right to withdraw his/her consent given to process personal data at any time, right to lodge a complaint to the national personal data protection supervisory authority, right to contact the Seller and obtain additional information about the processing of his/her personal data.
Upon applying to receive commercial notices, such as promotions, special offers, Customer agrees to Seller processing his/her personal data, which Customer provides in the registration forms and order placement forms, including Customer’s geographical location and purchase history. Seller also performs various types of profiling by compiling information Customer has provided in order to analyze what services and products might be of interest to Customer and send him/her suitable commercial notices. Within the scope of this purpose Customer’s personal data is processed until the time he/she revokes consent to receive the commercial notices, or, in certain cases, until the necessity to retain evidence of the received consent ceases.
Seller suspends sending commercial notices as soon as Customer’s request is processed. Processing of requests depends on technological capacities to act on Customer’s request, which may take up to five days.
2.1. CREATING ACCOUNT
Upon registering on the website and creating Customer’s account (hereinafter – Account), personal data provided is used in order to enter into an agreement with Seller on creation and maintenance of the Account that is used as a communication channel for concluding the Purchase agreement.
Upon creating the Account, Customer confirms that he/she is informed that the data he/she inserts is being processed to create and maintain the Account, including, to create and retain wish list and purchase history, and send information related to the performance of the Purchase agreement, such as information about performance of the order, updates to the order etc.
The Seller needs to receive and process personal data in order to conclude the Purchase agreement using the Account as a communication channel. If Customer does not provide said personal data, he/she will not be able to create Account and conclude Purchase agreement.
In addition, information contained in wish list and purchase history is used to improve services and product offers provided by Seller based on the legitimate interest of Seller to compile the information about the quality of the offered services and products.
Information contained in Account regarding the concluded Purchase agreements (purchased products), including all communication with Customer, is retained as an evidence of Purchase agreement being concluded and performed. This information is stored by Seller based on the legitimate interest to protect its rights and interests in the event of a dispute and the obligation imposed by the law to retain information about the conducted business activities.
2.2. UNREGISTERED USER
For the purposes of concluding Purchase agreement Seller needs to obtain and process personal data specified in order placement form. If Customer fails to provide his/her personal data, he/she will not be able to conclude Purchase agreement.
As with registered users, Seller collects and stores information about Customer’s purchase history for the purpose of improving services and products provided on the basis of legitimate interest of Seller to collect information about quality of the offered services and products.
Information regarding concluded Purchase agreement (purchased products), including all communication with Customer, is retained as evidence of the Purchase agreement being concluded and performed. This information is stored by Seller based on the legitimate interest to protect its rights and interests in the event of a dispute and the obligation imposed by the law to retain information about the conducted business activities.
Within the scope of this purpose, Customer’s personal data is processed until the time the data storage period set out by the laws of the Republic of Lithuania expires, or the statute of limitations for bringing an action in court lapses, whichever sets in later.
2.3. LEAVING REVIEW ON THE WEBSITE.
Upon leaving a review about the Goods and/or services, Customer agrees that his/her name, the assessment given to the Goods, and the review is published on the website of the Seller. If Customer has created the Account using the option to register via Facebook, his/her picture of a diminished size appears with the review.
Customer’s personal data with regard to posting the review is processed by Seller and its business partners, who provide IT services and structures. The minimum scope of personal data is transferred to the business partners on need-to-know basis.
3. USE OF PRODUCTS AND SERVICES. INFORMATION
The products and services available on this website, and any samples thereof Seller may provide to Customer, are for personal use only, except gift cards which may be transferred to third persons. Customer may not sell or resell any of the services or samples thereof, he/she receives from Seller. Seller reserves 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 Customer that Seller believes, in its sole discretion, may result in the violation of these Terms and Conditions.
Seller attempts to be as accurate as possible when describing products on this website. If the product related information (description, colors, etc.) has changed, Seller cannot guarantee that at any given moment data posted on the website contains all the latest updates.
All information and content available on this website, 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 Seller, its affiliates, partners or licensors, and is protected by laws of the Republic of Lithuania and other international laws governing intellectual property protection, including laws governing copyrights and trademarks. Content may not be used in any manner for any purpose without our express written consent.
4. GOODS
The Goods are cosmetics sold by Seller and they are not food products and cannot be used as food. Seller does not permit the use of misleading statements about the effectiveness of Goods and other characteristics of cosmetics in regard to consumers and observes principles of good manufacturing practice in the production of cosmetics.
Goods consist of natural components included in the cosmetics and is safe for human life, health, environmentally friendly, and complies with the provisions of the Product Safety Law of the Republic of Lithuania as well as with international regulations, including Directive No. 2001/95/EEC of the European Council on general safety of products, Directive No. 87/357/EEC of the European Council on the approximation of the laws of the Member States concerning products which, appearing to be other than they are, endanger the health or safety of consumers.
5. PRICING
Prices of Goods are all in EUR, however every local online store working within a particular country can display prices in local currency. If Seller receives an order from Customer indicating different price than that on this website at that time, the Seller will contact the Customer and will offer a chance to cancel the order.
All prices are subject to VAT tax or other sales taxes where applicable. Depending on delivery destination an order may be subject to additional shipping charges which will be indicated before submitting a payment and included in total order price. All duties and taxes required to be paid to receive the shipment in Customer’s delivery destination are to be paid by Customer and Seller has no obligation to inform Customer about any such duties or taxes.
6. DELIVERY AND RETURNS
All deliveries are handled with proven track record of reliability and speed. Returns of ordered and delivered orders are handled on case-by-case basis.
7. USER RESPONSIBILITIES
In the access or use of this website, Customer shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on this website. Without limiting the generality of any other provision of these Terms and Conditions, if Customer defaults negligently or willfully in any of the obligations set forth in these Terms and Conditions, he/she shall be held liable, for all the loss and damages, direct and indirect, caused to Seller, its affiliates, partners, or licensors.
8. LIABILITY
Seller will not be responsible or liable, under any circumstances, for any interruption or error occurring from the use of this website. Seller also shall not be responsible or liable, under any circumstances, for any (a) interruption of business; (b) access delays or access interruptions to the Site; (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 the site; (e) computer viruses, system failures or malfunctions which may occur in connection with use of the site, including during hyperlink to or from third party websites (f) any inaccuracies in content or (g) events beyond Sellers control.
Seller shall not be liable for any indirect, special, incidental, or consequential damages of any kind (including lost profits) related to this website regardless of the form of action whether in agreement, tort (including negligence) or otherwise.
Customer agrees to indemnify, defend, and protect the Seller from any harm, loss or damages resulting from any third-party claim, action or demand resulting from Customer’s breach of these Terms and Conditions.
Seller shall not be responsible for the content of any other websites linked to or from Seller’s website. Third party links appearing on the website are for Customer’s convenience only. Seller is in no way responsible for examining or performance, and does not warrant the offerings of, any other websites linked to or from this website, nor assumes 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. Customer should carefully review the terms and conditions and privacy policies of all other websites that he/she visits.
Seller shall not be held liable for delays, failures to fulfill obligation or any other failures that occurred due to circumstances and obstacles that are beyond Seller’s reasonable control (force majeure), which include but are not limited to strikes, governmental actions, wars or national emergencies, terrorism threats or acts of terrorism, environmental or climatic anomalies, failure of performance by a third party, internet connection issues as well as hardware and software malfunction.
9. COPYRIGHT
UAB “Korean Cosmetic Lab”. All Rights Reserved.
All contents of this website, correspondence (email or postal) as well as marketing materials used to promote the site on third party resources are property of Seller. Reproduction or republishing of any part or all of contents is prohibited except making copies and prints for Customer’s reasonable personal use.
10. DISPUTE RESOLUTION
All rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of Republic of Lithuania, as if the Terms and Conditions were agreement wholly entered into and performed within Lithuania.
Parties acknowledge here that they will try to settle any disputes relating to these Terms and Conditions and/or Purchase agreement through mutual negotiations. If parties are unable to settle dispute through peaceful mutual negotiations, all disputes, disagreements, or claims shall be settled by courts of the Republic of Lithuania according to procedures set forth in Lithuanian legislation.
11. FINAL PROVISIONS
These Terms and Conditions represent complete and up to date agreement between Customer and Seller, regarding use of this website and any of its contents and / or purchasing products displayed on this website.
Seller has the right to edit and update Terms and Conditions at any time posting these changes on the website, indicating any such change by posting a date of the latest update. Any changes applied to Terms and Conditions are effective immediately as they are posted. Seller has full rights to terminate or withdraw any rights granted by these Terms and Conditions. Customer is required to comply with any such withdrawal or change immediately as applicable, including, if required, ceasing all use of this site.
If any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or is ruled to be unenforceable by any applicable arbitrary institution or court decision, such unenforceability or invalidity shall not render these Terms and Conditions invalid or inapplicable as a whole. In turn these terms and conditions shall be modified, to the extent possible, according to any applicable law in a way to fully reflect the original intent of the parties as was intended in original Terms and Conditions.