DROPPING - JANUARY 2021
Augustinus Bader -
‘The Cream’
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Project bYouty LLC respects the privacy of our users and has developed this Privacy Policy to demonstrate its commitment to protecting your privacy. These privacy policies (the “Privacy Policy”) are intended to describe for you, as an individual who is a user of projectbyouty.com, or any of our related sites, mobile and connected TV applications, or other online services, the information we collect, how that information may be used, with whom it may be shared, and your choices about such uses and disclosures.
We encourage you to read this Privacy Policy carefully when using our website or services or transacting business with us. By using our website, you are accepting the practices described in this Privacy Policy.
If you have any questions about our privacy practices, please refer to the end of this Privacy Policy for information on how to contact us.
In General. We may collect personal information that can identify you, such as your name and email address, and other information that does not identify you. When you provide personal information through our website, the information may be sent to servers located in the UAE and other countries around the world.
Use of cookies and other technologies to collect information. We use various technologies to collect information from your computer and about your activities on our site. For more information on Cookies, please see our Cookie Policy.
Cookies
Digital and Code uses cookies on projectbYouty.com and related domains and applications (the “Project bYouty Service”).
This Cookie Policy is part of our Privacy Policy and explains:
WHAT IS A COOKIE?
A cookie is a small text file that is stored in your web browser that allows Project bYouty or a third party to recognize you. Cookies might be used for the following purposes: (1) to enable certain functions; (2) to provide analytics; (3) to store your preferences; and (4) to enable ad delivery and behavioral advertising.
Cookies can either be session cookies or persistent cookies. A session cookie expires automatically when you close your browser. A persistent cookie will remain until it expires or you delete your cookies. Expiration dates are set in the cookies themselves; some may expire after a few minutes while others may expire after multiple years. Cookies placed by the website you’re visiting are sometimes called “first party cookies,” while cookies placed by other companies are sometimes called “third party cookies.”
Please read these Terms and any other terms of use posted on the Website as together they form our Website Terms governing your utilisation of our Website and Website services (including the Website Call Centre and Mobile application). We may change these Website Terms from time to time without notice to you by posting the updated Website Terms on the Website, so please be sure to check regularly for updates. When you place an Order through our Website, you are deemed to have consented to the latest version of the Website Terms then posted on our Website. If a change in law means that we have to change our Website Terms after you have placed an Order but before it has been fulfilled, we are obliged to apply that change to your Order. In all other cases, the version posted at the time your Order was placed will apply. If you do not agree to be bound by the Website Terms, you should not use the Website.
3.1
ELGIBILITY
We aim to make the Website and its associated services available to as many of you as possible. However, we do require that you are at least 18 years of age, able to lawfully: (i) make payment through one of our accepted tender types; (ii) agree to these Terms; and (iii) enter into binding Orders with us. In addition, only Orders with delivery addresses within the UAE can currently be processed via the UAE Website. Please refer to the Delivery section below. The Website is foryour personal or gift use only and commercial usage is not permitted. We reserve the right to decline Orders where we suspect commercial usage.
3.2
REGISTRATION
In order to take advantage of the features and services of this Website, you can either utilize the Website on a “guest check-out" basis or create an Account and register your details with us. It is your ongoing responsibility to make sure that any personal and payment details you provide to us are valid, accurate and complete. You can update your details by updating them in your Website profile. Please keep your account details and password confidential and secure. Our customer service agents will never ask you for your password. We are committed to complying with our Privacy Policy but are not responsible for any loss suffered through misuse of those details. Please notify us as soon as possible if you believe your account has been compromised. By registering or placing an Order on the Website you warrant that you meet the Eligibility criteria described above and that the information you provide is yours and is accurate in all respects. Commercial entities are not eligible to register with us.
3.3
ORDERS
When you place an Order with us, you commit to buy the items described in that Order, at the price indicated including any delivery fees, taxes and duties where applicable.
Orders are subject to our acceptance, which we may withhold in our sole discretion including for reasons such as ineligibility, inability to confirm payment authorization, suspected fraud, shipping restrictions and stock availability. Items in your Website basket are not reserved until your Order is paid for.
The Website (Customer Service) may contain or provide information regarding the availability of merchandise. This information can be used to estimate the likelihood that an item will be available immediately upon Order placement. Unfortunately, we cannot guarantee that an item stated to be available will actually be available right away, as inventory can change significantly throughout the day. In rare cases, a product may be available when you place an Order but sold out by the time we process the Order. Should this happen, we will notify you.
Receipt of your Order will be acknowledged by email. However the Order is only confirmed when you receive a notification from us confirming dispatch of the relevant item(s). No party other than us has the authority to confirm acceptance of the Order.
3.4
PAYMENT
We currently accept the following tender types for Orders placed on our Website: Visa, Mastercard, Cash on delivery and Apple Pay. Cash on Delivery is permitted for Orders of up to 990 USD. Payment will be taken at the time you place your Order. By entering payment details onto our Website, you warrant that you are duly authorized to pay using those details. We reserve the right to decline orders without liability to you where we believe payments are not authorized, the payment method is not valid or where we do not think you are authorized to use to utilize the relevant tender type.
We provide all possible payment options for our customer's convenience. For payments made via Credit Card or Debit Card we may request additional personal documents, such as a passport copy or ID card with photo, in order to confirm your order. This is required to verify the identity of the buyer and protect the cardholder against any possibility of fraudulent payments. We reserve the right to suspend or terminate the payment options available on your account and refuse any and all current or future use of the payment options available on the site (or any portion thereof) if it suspects there is fraudulent or suspicious activity. The Website is not liable or bound to inform or send specific communication to the user regarding the changes to your payment options on the website (or any portion thereof). It is the customer’s responsibility to get in touch with Project bYouty in order to get the payment options reactivated.
3.5
PRICES
Prices on the Website are displayed in various currencies depending on your log in location, and exclude any services you may elect to pair the purchase with, delivery costs, taxes or duties to which the purchase may be subject. Any such additional costs will be displayed before your final check out.
Where you purchase using a payment card denominated in a different currency to AED, the payment will be subject to the currency exchange rate applied by your card issuer at the time your payment is completed.
The destination you ask us to deliver to, the items & services you select and the method of delivery you choose will dictate what delivery charges, taxes and duties apply (if any). Please refer to our Delivery section for further details on delivery options.
Although we make every effort to ensure prices displayed on our Website and in our communications are correct, errors may occur. If an error occurs and your Order:
There will be some exceptions to products which will be eligible for discounts from codes etc. For example, products from The Ordinary cannot be purchased with a discount from using a code.
3.6
ORDER DELIVERY
Project bYouty delivers across the GCC. Kindly continue checking for any updates on delivery policy. Deliveries take place between 9:00am – 10.00pm. The following options are available for delivery to your requested address in the UAE & GCC
* Orders placed outside of working hours (9am-6pm), after the cut-off time and/or during any UAE public holiday will be deemed placed on the first UAE working day following the Order's submission. Delivery timelines are estimates, see further details below. Order delivery may face delays during promotional activity, sale season and public holidays — during this time, same-day delivery and next-day delivery may not be available. We reserve the right to impose a re-delivery charge where your Order is not accepted at the address supplied to us on the confirmed date of delivery.
General Delivery Conditions: Although we are strongly committed to delivering in the timelines estimated in our Order confirmation or displayed on our Website or above, delivery timelines are estimates only. Time shall not be considered of the essence. Timelines start from Order confirmation. However, if we have not delivered your Order within 30 days of Order confirmation, we will provide you with a full refund. We are not responsible for failures to deliver for reasons outside our reasonable control, including where you are not available to take delivery of your Order or request postponement.
Orders are delivered daily excluding UAE public holidays. It is your duty to ensure appropriate access for deliveries, including in particular but without limitation on Fridays. Please note the courier will make up to four phone calls to book the delivery time slot with you. And up to three attempts to deliver before your Order will be cancelled.
Delivery on the first floor and above requires service elevator access arranged by you and it is your responsibility to notify us of any potential problems with access to the premises, building, service elevators, etc… and make any related delivery arrangements. Where delivery is complicated by such factors, additional charges may apply. If delivery is not accepted on the agreed delivery date, goods shall be kept in storage free of charge for a period of up to thirty (30) days. If you fail to agree a revised delivery date falling within thirty (30) days of the initial delivery date, we retain the right to cancel your Order, retain all monies paid and resell the goods with no further liability.
If on the delivery date our delivery team is unable to obtain access to the delivery address, a reasonable re-delivery charge may be applied. We will pre-inform you of this charge. In the absence of negligence, we will not be liable for loss or damage to the goods or your property, including where caused by: (i) us following your specific instructions; (ii) limited or no access to your nominated premises; and/or (iii) goods not fitting into your property.
Contactless Delivery
As the health and wellbeing of our customers and staff is our top priority we are implementing the service of Contactless Delivery, available only within the UAE. We shall not be responsible for any loss or damage to your Order upon delivery. You acknowledge that upon selecting Contactless Delivery, you shall be deemed to be in receipt of your Order upon delivery of the Order to your delivery address without requiring you to sign a receipt of delivery or any other proof of delivery. We will contact you by phone prior to the delivery using your registered contact details. In the event that you are not available to receive delivery of your Order and the Order is left outside your door, we will not be responsible for any loss or damage to the Order upon its delivery. We shall confirm delivery of your Order via an SMS message.
4.1
RETURNS
For health and hygiene reasons Project bYouty does not offer refunds or exchanges.
If an item in your Order is unopened but damaged, or is not the item you ordered, email us at hello@projectbyouty.com within 24 hours.. Email must include order number and images of the damaged or faulty goods.
4.2
PRODUCT LIABILITY
By placing an Order through our Website, you acknowledge and agree that full liability for the products rests with the manufacturer and that we carry no product liability for those items save as described in the Returns section in relation to returning the products and refunding the price paid (where applicable).
4.3
INTELLECTUAL PROPERTY RIGHTS
Your use of the Website and its contents does not grant you any copyright, design, trademark or other intellectual property rights relating to the Content (as described in the Content section below), including our software, HTML or other code contained in the Website. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Website is typically protected by national and international intellectual property laws and treaties. You are permitted to use the Content only as expressly authorized by us or the licensor of such Content. Any reproduction or redistribution of the Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, linking, commercially exploiting, copying and use of the above listed materials on any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.
4.4
CONTENT
In addition to the Intellectual Property rights mentioned above, "Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Website. We have made every effort to ensure that the information on the Website accurate and complete but we cannot guarantee that Content is error-free. We also do not promise that the functional aspects of the Website or Content will be error free or that this Website or the servers that make them available are free of viruses or other harmful components. We always recommend that you have up to date virus checking software installed.
4.5
THIRD PARTY SITES
Our Website may include hyperlinks to other websites or resources operated by third parties. We are not responsible for the content or accuracy of any pages that are not on our Website or their availability. We do not endorse and are not liable, directly or indirectly, for the privacy policies of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
4.6
DESCRIPTIONS
At the time of publication on our Website, all product descriptions are believed to be accurate. We also strive to represent the products on our Website as accurately as possible, however colours and resolution may vary depending on your monitor’s display. All measurements and weights are approximate.
4.7
THE SUSTAINABILITY CLAUSE
In an effort to contribute to sustainability and eco-consciousness, the term “sustainability” is used to refer to any brand that contributes to a greener planet by adopting eco-friendly processes.
4.8
NO WARRANTY
Except as otherwise provided in these Website Terms or required by applicable law, we make no representation, covenant or warranty and offer no other conditions, express or implied, regarding any matter, including, without limitation, the merchantability, suitability, fitness for a particular use or purpose, or non-infringement of Website membership, any Content, or any products purchased through the Website.
Your use of the Website is at your sole risk and it is provided on an "as is" and "as available" basis. We reserve the right to restrict or terminate your access to the Website at any time. Save as required by law, we make no warranties that access to the Website will be uninterrupted or error-free; that the Website will be secure; that the Website or the server that makes the site available will be virus-free; or that information on the site will be correct, accurate, adequate, useful, timely, reliable or otherwise complete. If you download any content from the Website, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer or loss of data that results from the download of any such content. No advice or information obtained by you from the Website shall create any warranty of any kind.
Save for death or personal injury arising out of our negligence or as required by law, under no circumstances shall we, our affiliates, employees, directors, officers, agents or suppliers be liable to you or to any other person for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use of or inability to use the Website, including, without limitation, damages for loss of profits, loss of goodwill or loss of data. Without prejudice to the foregoing, in no event will we be liable for any amounts in excess of the amount paid by you for the product(s) in respect of which the claim arose.
Nothing in this Agreement is intended to impact any rights you or we may have under applicable law. We are committed to respecting individual rights including but not limited to moral, cultural and religious rights as enshrined in applicable law.
5.1
INDEMNITY
You agree to defend, indemnify and hold us, our directors, agents, affiliates, licensors and suppliers harmless from and against any and all claims, damages, costs and expenses, including legal fees, arising from or related to your use of the Website and/or your breach of any representation, warranty, or other provision of the Website Terms, including the use by third parties accessing the Website using your account caused by your action or inaction.
5.2
ENTIRE AGREEMENT
You acknowledge and agree that these Website Terms constitute the complete and exclusive agreement between us concerning your use of the Website and any purchase by you of any items through the Website, and supersede and govern all prior proposals, agreements, or other communications.
5.3
NO AGENCY
Nothing contained in these Website Terms shall be construed as creating any agency, partnership, or other form of joint enterprise between us.
5.4
NO WAIVER
Any failure to exercise or any delay by either party in exercising its rights or remedies under these Website Terms shall not be construed as a waiver thereof. The rights and remedies provided by these Terms are cumulative and are not exclusive of any rights or remedies provided by law.
5.5
ILLEGALITY
If any provision of these Website Terms is held to be illegal or unenforceable, the remaining Website Terms (or parts thereof) will not be affected and will remain in full force and effect.
5.6
DISPUTES AND GOVERNING LAW
These Website Terms are governed by the federal laws of the United Arab Emirates and the laws of the Emirate of Dubai and all disputes arising here under are subject to the exclusive jurisdiction of the courts of Dubai, United Arab Emirates.
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