Terms of Service

Terms of service

OVERVIEW

Welcome to ColourPop Cosmetics! The terms "we", "us" and "our" refer to ColourPop Cosmetics. ColourPop Cosmetics provides this online shop and the accompanying website, including the connected information, materials, functions, tools, goods, and services so customers can receive a curated customer-shopping experience (the "Services"). ColourPop Cosmetics delivers through infrastructure hosted by Shopify the relevant Services.

The governing conditions below, in combination with the policies referenced below (these "Terms of Service" or "Terms") describe the rights and duties that apply to you once you use the relevant Services.

Review The present Terms closely, as they include key explanations of your legal rights and cover areas among them provisions that disclaim warranties and restrict liability.

If you visit, interacting with, or otherwise using the relevant Services, you accept and are bound by The present Terms and the store's Privacy Policy /pages/privacy-policy. When you cannot agree with The present Terms or Privacy Policy, you should not access, or use the relevant Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to The present Terms, you confirm that you are at least as old as the age of majority in your jurisdiction of residence at the state or provincial level, and you have consented to allow any of your minor children or other dependents to use the relevant Services on hardware you possess, acquire, or manage.

To use the relevant Services, such as gaining access to or navigating our online shops or purchasing any of the merchandise or services we offer, you can be asked so we can deliver certain information, among them your email address, billing, payment, and shipping information. You warrant while representing that all the information you provide in our stores is correct, complete, and up to date and that you have all rights necessary so we can deliver this information.

You alone are bearing responsibility for safeguarding all account-access credentials and for each action taken through your account. you can not transfer or assign, sell, or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We make reasonable efforts to present an accurate representation of our merchandise and services in our online stores. Still, please note that differences may occur in product appearance and color from how they may appear on your screen due to the category of device through which you connect to access the store and your device configuration together with display settings.

We expressly do not guarantee that the appearance or quality of any merchandise or services purchased by it will be your responsibility to match the outcome you expect or be an exact match for what is depicted in our online stores.

All descriptions of products are dependent on change without advance notice, whenever we choose in the exercise of our sole discretion. We reserve the ability to cease selling a product at any moment and may set quantity limits of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 - ORDERS

Submitting an order constitutes an offer to buy. ColourPop Cosmetics reserves the right to either accept the order or refuse it for any reason at its discretion. Your order is not accepted until ColourPop Cosmetics confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order closely before submitting, as ColourPop Cosmetics may be unable to process a requested cancellation after an order is accepted. In the event that we expressly do not accept, make a change to, or cancel an order, it is our responsibility to attempt to notify you by contacting the e‑mail, billing address, and/or phone number provided at the time the order was made.

your purchases are dependent on return, or alternatively exchange solely as directed by our Refund Policy /pages/refund-policy.

you warrant while representing that your purchases are for your own your own or your household's use and not for resale for business purposes or export.

SECTION 4 - PRICES AND BILLING

Prices, discounts, and promotions may change without first notifying you. The price charged for a product or service will be the price operative when the order is placed and will be set out in your order confirmation email. Unless a different rule is expressly stated, posted prices do not include applicable taxes plus shipping, handling, customs, or import costs.

Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by other independent parties. We reserve the ability to offer, Periodically, promotions on the relevant Services that may affect pricing and that are governed by governing conditions separate from the present Terms. If there is a conflict between the terms for a promotion and the present Terms, the promotion terms will govern.

you undertake to provide current, correct, and complete purchase, payment and account information for all purchases made at our stores. You undertake to promptly update your account and other information, such as your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

you warrant while representing that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by it will be your responsibility to be honored by your credit card company, and (iv) it will be your responsibility to pay charges incurred by you at the posted prices, such as shipping and handling charges and all applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY

we accept no liability for delays affecting dispatch or delivery. All delivery times are provided as estimates and never guaranteed. We are bearing no responsibility for delays caused by shipping carriers, customs processing, or occurrences beyond our reasonable control. Once we transfer products to the carrier, title plus the associated risk of loss passes to you.

SECTION 6 - INTELLECTUAL PROPERTY

the relevant Services, such as, without being limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by ColourPop Cosmetics and, where applicable, affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.

the present Terms permit you to use the relevant Services for your solely for private and non-business use. You cannot produce copies, distribute, alter, or derive works from, publicly display, publicly perform, republish, download, store, or transmit any of the material on the relevant Services without our prior consent in writing. Save as expressly provided herein, nothing in the present Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of ColourPop Cosmetics, Shopify or any other independent party. Unauthorized use of the relevant Services may be a violation of laws on intellectual property under state and federal authority. All every right not expressly conferred herein are reserved by ColourPop Cosmetics.

colourPop Cosmetics's names, logos, product and service names, designs, and slogans are trademarks of ColourPop Cosmetics or its affiliates or licensors. You cannot use such trademarks without the prior approval provided in writing of ColourPop Cosmetics. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the relevant Services are the trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS

you can be provided with access to customer tools offered by other independent parties as part of the relevant Services, which we neither monitor nor have any control nor input.

you accept and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

any use by you of the optional tools offered through the site is entirely according to your judgment and at your own risk and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We reserve the ability to also, in the future, offer new features through the relevant Services (such as the release of new tools and resources). Such new features shall also be deemed part of the relevant Services and are dependent on The present Terms.

SECTION 8 - THIRD-PARTY LINKS

the relevant Services may contain materials and hyperlinks to websites provided or operated by other independent parties (such as any embedded other independent party functionality). We are bearing no responsibility for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. When you decide to leave the relevant Services to access these materials or other independent party sites, you do so at your own risk.

we accept no liability for any harm or damages related to your access of any third-party websites, or your purchase, or alternatively use of any products, services, resources, or content on any third-party websites. Please review closely the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints and concerns, claims, or questions regarding services and products from external parties should be directed to the third-party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

[NOTE TO MERCHANT: This section accurately characterizes Shopify's relationship with your store and should not be removed or modified.]

ColourPop Cosmetics delivers through infrastructure hosted by Shopify the relevant Services. Still, any sales and purchases you make in our Store are made through a direct transaction with ColourPop Cosmetics. If you use the relevant Services, you accept and agree that Shopify is bearing no responsibility for any aspect of any sales between you and ColourPop Cosmetics, such as any injury together with damage or loss resulting from purchased merchandise and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with ColourPop Cosmetics.

SECTION 10 - PRIVACY POLICY

All personal-information data we collect through the relevant Services is dependent on the store's Privacy Policy, which can be viewed here /pages/privacy-policy, and certain personal-information data may be dependent on Shopify's Privacy Policy, which can be viewed here. If you use the relevant Services, you confirm that you have reviewed these privacy policies.

as the relevant Services are hosted by Shopify, Shopify collects and processes personal-information data about your access to and use of the relevant Services so that we can provide and improve the relevant Services for you. Information you submit to the relevant Services will be transmitted to and shared with Shopify as well as other independent parties that may be located in other countries than where you reside, so that we can provide services to you. Review the store's Privacy Policy /pages/privacy-policy for more details on how we, Shopify, and our partners use your personal-information data.

SECTION 11 - FEEDBACK

when you submit, upload, post, email, or otherwise transmit any ideas and reviews, feedback, plans, proposals, suggestions, or other material (collectively, "Feedback"), you grant us a perpetual license, valid worldwide, royalty-free, and sublicensable to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, such as for commercial use. We reserve the ability to, to illustrate, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the relevant Services and to perform our obligations and exercise our rights under the Terms of Service.

you also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received with regard to your submission of Feedback; and (iii) your Feedback will comply with the present Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.

We reserve the ability to, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or The present Terms.

You agree that your Feedback will not violate any right of any third-party, such as copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the relevant Services or any related website. you can not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You alone are bearing responsibility for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or in the relevant Services that contain typographical errors or omissions and inaccurate information that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the ability to correct any errors or omissions and inaccurate information, and to change or update information or cancel orders if any information is inaccurate without advance notice, whenever we choose (such as after you have submitted your order).

SECTION 13 - PROHIBITED USES

you can access and use the relevant Services for lawful purposes only. you can not access, or make use of the relevant Services, directly or indirectly: (a) for any illegal purpose or one intended to cause harm; (b) to violate any state, federal, provincial, or international regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harm, abuse, harass, insult, intimidate, defame, disparage, or slander, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, reuse, use, download, or upload any material that does not comply with the the present Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, such as any "junk mail," "chain letter," "spam," or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the relevant Services, or which, as determined by us, may harm ColourPop Cosmetics, Shopify or users of the relevant Services, or expose them to liability.

In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the relevant Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the relevant Services; (c) collect or track the personal-information data of others; (d) spam, phish, pharm, or pretext the relevant Services; (e) use any robot, spider, scraping, data gathering and extraction tools, automatic devices or processes, AI tools (among them agentic AI) or automated or manual means to access the relevant Services; or (f) interfere with, bypass, or circumvent the security or authorization features, robot exclusion headers, or other measures we employ to restrict access to the relevant Services. We reserve the ability to disable or terminate, or suspend your account at any moment, without first giving notice, if we determine that you have violated any part of the present Terms.

SECTION 14 - AGENTS

14.1 This section ("Agent Terms") applies when you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using persons device, without direct supervision.

14.2 No Agent may access, use, or interact with Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in section 14.4 below. In addition, no Agent may access, use, or interact with Services if we have requested that the Agent refrain from accessing, using, or interacting with any service.

14.3 We reserve the ability to limit, such as by technical measures, whether and how any Agent accesses, uses, and interacts with Services.

14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by such as the following in the request's user agent string: "Agent/[agent name]"; (ii) not conceal or obfuscate that any access, use, or interactions are from an Agent, among them by (a) mimicking human behavior and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures intended to distinguish computer use from humans, (iii) respond truthfully to any question or prompt seeking to determine if interactions are coming from a human or a computer, (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the relevant Services.

SECTION 15 - TERMINATION

we reserve the ability to terminate this agreement or your access to the relevant Services (or any part thereof) in our sole discretion without advance notice, whenever we choose, and it will be your responsibility to remain liable for all amounts due up to and such as the date of termination.

the following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 16 - DISCLAIMER OF WARRANTIES

the information presented on or through the relevant Services is made available solely for general information purposes. We expressly do not warrant the reliability as to usefulness, completeness, or accuracy of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the relevant Services, or by anyone who may be informed of any of its contents.

save as EXPRESSLY STATED BY ColourPop Cosmetics, THE RELEVANT SERVICES AND ALL PRODUCTS OFFERED THROUGH THE RELEVANT SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, SUCH AS ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE EXPRESSLY DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE RELEVANT SERVICES WILL BE FREE OF ERRORS, UNINTERRUPTED, SECURE, AND TIMELY. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 17 - LIMITATION OF LIABILITY

tO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL ColourPop Cosmetics, OUR PARTNERS, AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, SUCH AS, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (SUCH AS NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE RELEVANT SERVICES OR ANY PRODUCTS PROCURED USING THE RELEVANT SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE RELEVANT SERVICES OR ANY PRODUCT, SUCH AS, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE RELEVANT SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE RELEVANT SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 18 - INDEMNIFICATION

You undertake to indemnify, defend and hold harmless ColourPop Cosmetics, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, such as reasonable attorneys' fees, payable to any other independent party due to or arising out of (1) your breach of The present Terms or the documents they incorporate by reference, (2) your violation of any law or the rights of a other independent party, or (3) your access to and use of the relevant Services.

it is our responsibility to notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We reserve the ability to control the defense and settlement of such claim at your expense, such as choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). It will be your responsibility to cooperate in the defense of indemnified claims, such as by providing relevant documents.

SECTION 19 - SEVERABILITY

In the event that any provision of The present Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by all applicable legal requirements, and the unenforceable portion shall be deemed to be severed from The present Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of The present Terms shall not constitute a waiver of such right or provision.

The present Terms and any policies or operating rules posted by us on this site or in respect to the Service constitutes the whole agreement between the parties between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (such as, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of The present Terms shall not be construed against the drafting party.

SECTION 21 - ASSIGNMENT

you can not delegate, transfer or assign this Agreement or any of your rights or obligations under the present Terms without our prior consent in writing, and any such attempt will be null and void. We reserve the ability to transfer, assign, or delegate the present Terms and our rights and obligations without consent or notice to you.

SECTION 22 - GOVERNING LAW

The present Terms and any separate agreements whereby we provide you Services shall be governed by and construed as directed by the federal and state or territorial courts in the jurisdiction where ColourPop Cosmetics is headquartered. You and ColourPop Cosmetics consent to venue and personal jurisdiction in such courts.

SECTION 23 - HEADINGS

the headings used in this agreement are included for convenience only and will not limit or otherwise affect the present Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE

you can review the most current version of the Terms of Service at any moment on this page.

We expressly preserve the right, in our sole discretion, to update, change, or replace any part of The present Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. It is our responsibility to notify you of any material changes to the present Terms as directed by all applicable legal requirements, and such changes will be effective on the date specified in the notice. Your continued use of or access to the relevant Services following the posting of any changes to The present Terms constitutes acceptance of those changes.