Terms and Conditions
Ash Cosmetics is happy to welcome you to its website
Welcome to the Ash Cosmetics website at www.ashcosmetics.com, all links to and from pages dedicated to AshCosmetics are hosted on third party websites such as Twitter, Facebook and YouTube (together and each “the Site”).
Access and use of the Site is subject to the following Terms and Conditions. Please read these Terms and Conditions carefully before you start to use the site, whether as a guest or a registered user. By accessing or using the Site, you indicate that you have read, understood, and agreed, without limitation or qualification, to be bound by these Terms and Conditions.
If you do not agree to these Terms and Conditions (or any part thereof) please refrain from using the Site.
These Terms and Conditions incorporate:
- General Terms
- Acceptable Use Policy
- Competition Terms
If you wish to make use of the Site other than as set out in these Terms and Conditions, or if you have any questions, comments or requests regarding any part of these Terms and Conditions please send your request to firstname.lastname@example.org
About Ash Cosmetics Ltd:
The Site is operated by Ash Cosmetics Limited the supplier and manufacturer of Ash Cosmetics the UK and elsewhere.
We are a limited company registered in England and Wales with number 9774099, and our registered address:
Ash Cosmetics Ltd, 132-134 Great Ancoats Street, Manchester, Manchester, Lancashire M4 6DE, UK
Accessing the Site
Access to the Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the Site without notice (see below). We will not be liable if for any reason the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or our entire site, to users who have registered with us. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms and Conditions. You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms and Conditions, and that they comply with them.
Amendments to these Terms and
We reserve the right, in our sole discretion, to revise or update these Terms and Conditions at any time by amending this page and you are expected to check this page from time to time to take notice of any changes we have made, as they are binding on you. Some of the provisions contained in these Terms and Conditions may also be superseded by provisions or notices published elsewhere on the Site. Any changes are effective immediately upon posting to the Site and your continued use of the Site constitutes your agreement to all such revised or updated Terms and Conditions.
Changes to the Site
We aim to update the Site regularly, and may change the content at any time. If the need arises, we may suspend access to the Site, or close it indefinitely. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.
Linking to the Site
You may link to the home page of the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, affiliation, sponsorship or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The Site must not be framed on any other site, nor may you create a link to any part of the Site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our Acceptable
Use Policy below.
Linking from the Site
Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over, nor do we endorse, the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Product details and other content
We take all reasonable care to ensure that all product details, commentary and other materials or content appearing on the Site are correct at the time when they were uploaded onto the Site. However, to the extent permitted by applicable law, we do not warrant that the Site, any service or feature of the Site and the product details, commentary and other materials or content available on the Site are accurate, complete, reliable, current, or error-free or that the content is appropriate for any country that the Site may be accessed from outside the UK. Product details, commentary and other materials or content posted on the Site are not intended to amount to advice on which reliance should be placed. To the extent permitted by law, we and other members of our group of companies and third parties connected to us hereby expressly exclude all liability and responsibility arising from any reliance placed on such materials by any visitor to the Site, or by anyone who may be informed of any of its contents.
Suspension and Termination
We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site. We will determine, in our discretion, whether there has been a breach or suspected breach of any part of these Terms and Conditions through your use of the Site and when a breach has occurred, we may take such action as we deem appropriate including taking all or any of the following actions:
Immediate, temporary or permanent withdrawal of your right to use the Site.
Immediate, temporary or permanent removal of any posting or material uploaded by you to the Site.
Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach and any other further legal action against you.
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary. We exclude liability for actions taken in response to breaches of these
Terms and Conditions.
The responses described in these Terms and Conditions are not limited, and we may take any other action we reasonably deem appropriate.
Relationship between you and Ash Cosmetics Ltd
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between you and Ash Cosmetics Ltd or any of its agents or representatives.
Remedies for breach
A waiver by us of any particular breach of these Terms and Conditions or any failure by us to exercise a particular remedy in relation to such breach will not constitute a waiver of other breaches or remedies available to us. The rights and remedies provided by these Terms and Conditions are cumulative and are not exclusive of any rights or remedies provided by law.
In the event that any provision of these Terms and Conditions shall be illegal, unenforceable or invalid under any applicable law or be so held by any applicable court decision, it is to be treated as being severed from these Terms and Conditions in the relevant jurisdiction, but such illegality, unenforceability or invalidity shall not render these Terms and Conditions illegal, unenforceable or invalid as a whole. We reserve the right to amend or replace such provision with one that is legal, valid and enforceable in the relevant jurisdiction and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision. The legality, validity and enforceability of the provision in any other jurisdiction will not be affected.
Uploading material to the Site
Whenever you make use of a feature that allows you to upload material to the Site, or to make contact with other users of the Site, you must comply with the content standards set out in our Acceptable Use Policy below. You warrant that any such contribution complies with those standards, and you indemnify us for any breach of that warranty. We have the right to remove any material or posting you make on the Site if, in our opinion, such material does not comply with the content standards set out in our Acceptable Use Policy.
You grant us a perpetual, non-exclusive, transferable, sub-licensable, royalty-free, worldwide licence to use any content that you post on or in connection with the Site and unconditional and irrevocable consents to any act or omission that would otherwise infringe your moral rights in such content.
Any material you upload to the Site will be considered non-confidential and non-proprietary, and we have the right to use, copy, adapt, publish, communicate, distribute and disclose to third parties any such material for any purpose including, but not limited to, uploading the material to third party websites such as Twitter, Facebook, YouTube and Pinterest. We also have the right to disclose your identity to any third party claiming that material posted or uploaded by you to the Site constitutes a violation of their intellectual property or other rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Site.
Viruses, Hacking and other Offences
You must not misuse the Site in any way, including in the manner described in the Acceptable Use Policy set out below. In particular, you must not carry out any activity which could amount to a criminal offence under the Computer Misuse Act 1990. We will report any actual or suspected breach of law to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately. We will not be liable for any loss or damage caused by any distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any website linked to it.
Intellectual Property Rights
We are the owner or the licensee of all intellectual property rights in the Site, and in the material published on it and such works are protected by intellectual property laws and treaties around the world and all such rights are reserved. In particular, Ash Cosmetics” is an EU registered trademark. You may print off one copy, and may download extracts, of any page(s) from the Site for your personal reference and you may draw the attention of others to material posted on the Site provided our status (and that of any identified contributors) as the authors of material on the Site must always be acknowledged. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. You must not reproduce, modify, use, adapt, communicate, publish, upload, distribute in any way, encode, translate, transmit, or reverse engineer any part of the Site or any content on the Site except as expressly provided in these Terms and Conditions. If you print off, copy or download any part of the Site in breach of these Terms and Conditions, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
The material displayed on the Site is provided without any guarantees, conditions or warranties as to its quality, accuracy, non-infringement of third party rights, or compatibility with your computer. To the extent permitted by law, we and other members of our group of companies and third parties connected to us hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Site or in connection with the use, inability to use, or results of the use of the Site, any websites linked to it and any materials posted on it. This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law. You shall indemnify and hold harmless us and our employees, agents and representatives against third party claims brought about by your use or misuse of the Site, breach of these Terms and Conditions or infringement of any third party intellectual property rights.
Jurisdiction and Applicable Law
These Terms and Conditions and any claim or dispute relating to them or the Site shall be governed by and construed in accordance with the law of England and Wales and the English courts will have exclusive jurisdiction over any such claim or dispute.
For the purpose of the Data Protection Act 1998 (“the Act”), the data controller is Ash Cosmetics Ltd , 132-134 Great Ancoats Street, Manchester, Manchester, Lancashire M4 6DE, UK
We collect your personal data for our business purposes, including for the purpose of providing our products and services to you, and so that we, our related bodies and our distributors can promote and market products to you and keep you informed of products, services and special offers.
When we collect personal data we will, where appropriate and where possible, explain to you why we are collecting the information, how we plan to use it and the main consequences of not providing the personal data.
Access to and correction of information
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you. If we deny an access request, we will provide reasons for doing so.
We will take reasonable steps to ensure the personal information we hold is accurate, complete and up to date. You should promptly notify us if there are any changes to your personal information. You may ask us at any time to correct personal information we hold about you. On request, we will take reasonable steps to correct the information so that it is accurate, complete and up to date, or will provide reasons for not doing so.
Disclosure of your information
We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006. We may also disclose your personal information to third parties:
If Ash Cosmetics Ltd sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
If Ash Cosmetics Ltd or substantially all of its assets are acquired by a third party, in which case personal data of customers will be one of the transferred assets.
If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, to enforce or apply these Terms and Conditions and other agreements; or to protect the rights, property, or safety of Ash Cosmetics Ltd our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
Information we may collect from you
We may collect and process the following data about you:
Information that you provide by filling in forms on the Site. This includes information provided at the time of registering to use the Site, when posting material on the Site and when requesting further information about our services.
We may also ask you for information when you report a problem with the Site and if you contact us, we may keep a record of that correspondence.
We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
Details of your visits to the Site including, but not limited to, traffic data, weblogs, location data and other communication data, your preferences for products and the resources that you access.
Information that you provide when entering a competition or promotion through the Site. Please note that if you decline to provide certain categories of personal data when entering competitions or promotions, this may prevent further participation.
Sensitive personal data
We generally do not collect any sensitive personal data as defined in the Act. We will only collect sensitive personal data where we are required to do so by law or with your consent. We will only use and disclose sensitive personal data for the purpose for which it was collected.
IP addresses and cookies
We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual. For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer’s hard drive. They help us to improve the Site and to deliver a better and more personalised service as they enable us:
To estimate our audience size and usage pattern.
To store information about your preferences, and so allow us to customise the Site according to your individual interests.
To speed up your searches.
Where we store your personal data
Uses for your personal data
We use information held about you in the following ways:
To ensure that content from the Site is presented in the most effective manner for you and for your computer.
To provide you with information about out products that you request from us or which we feel may be of interest you, where you have consented to be contacted for such purposes.
To carry out our obligations arising from any contracts entered into between you and us.
To allow you to participate in interactive features of our service, when you choose to do so.
To notify you about changes to our service.
We may also use your data to provide you with information about goods and services which may be of interest to you and we may contact you about these by electronic means only if you have consented to this.
Please tick the relevant box situated on the form on which we collect your data (the registration form) if you would like us to contact you by electronic means (e-mail or SMS) with information about goods or services which we feel may be of interest to you.
Usage of AshCosmetics
If you suffer from sensitive skin or have had any other skin related issues we recommend you patch test any of our products, if irritation occurs please discontinue usage. Our ingredients have been clearly listed on our packaging please check these before applying any of our products. It is consumers responsibility to check the ingredients list before purchasing.
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at email@example.com
The Site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
Acceptable Use Policy
This acceptable use policy sets out the terms under which you may access and contribute to the Site and applies to all users of, and visitors to, the Site. Your use of the Site means that you accept, and agree to abide by, all the policies in this Acceptable Use Policy, which forms part of these Terms and Conditions.
These content standards apply to any and all material which you and other users contribute to the Site (“Contribution”), and to any interactive services associated with it. You must comply with the spirit of the following standards as well as the letter and the standards apply to each part of any Contribution as well as to its whole. Contributions must be accurate (where they state facts), be genuinely held (where they state opinions) and comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
Contain any material which is defamatory of any person.
Contain any material which is obscene, offensive, hateful or inflammatory.
Promote sexually explicit material or violence.
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any copyright, database right, trade mark or any other intellectual property or other right of any other person.
Be likely to mislead or deceive any person.
Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
Be likely to harass, upset, embarrass alarm or annoy any other person.
Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
Give the impression that they emanate from us, if this is not the case.
Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
We may from time to time provide interactive services on the Site, including but not limited to: chat rooms; bulletin boards; blog pages; photo diaries; research polls and questionnaires; and links/feeds to and from third party websites such as Twitter, Facebook and YouTube. Where we provide interactive services, we will provide information about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical). We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on the Site, and we will decide in each case whether it is appropriate to use moderation and what kind of moderation to use). However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on the Site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not. The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them. Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
You may only use the Site only for lawful purposes. You may not use the Site:
In any way that breaches any applicable local, national or international law or regulation or is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
For the purpose of harming or attempting to harm minors in any way.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards set out below.
To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
For commercial purposes except where expressly permitted in writing by us.
You also agree:
Not to reproduce, duplicate, copy, modify, publish, communicate or re-sell any part of the Site in contravention of the provisions of any part of these Terms and Conditions.
Not to access (or attempt to access) without authority, interfere with, damage or disrupt: any part of the Site; the server on which the Site is stored or any server, computer or database connected to the Site; any equipment or network on which the Site is stored; any software used in the provision of the Site; or any equipment or network or software owned or used by any third party.
Not to attack the Site via a denial-of-service attack or a distributed denial-of service attack.
Set out below are the general terms relating to any competitions or promotions run through, or promoted on, the Site or through our Social Media channels by us or selected partners together with terms posted from time to time relating to specific competitions. Where there is any contradiction between the general terms and the specific terms, the specific term will take priority.
By complying with all competition entry instructions you will be deemed to have accepted and agreed to be bound by the general terms and any specific terms relating to the relevant competition, as well as the wider Terms and Conditions. We reserve the right to change any of the terms at any time.
General Competition Terms and Conditions
Announcement of Winner(s):
Winners’ names will be available by sending a self-addressed envelope to Ash Cosmetics Ltd, 132-134 Great Ancoats Street, Manchester, Manchester, Lancashire M4 6DE, UK stating clearly the name of the competition as advertised and your request for the winner(s) names.
Conditions of Entry:
You must be 16 years or older to enter any Prize Draw on the Site or via Twitter, Instagram or Facebook. Entrants under the age of 18 must obtain consent from a parent or guardian to enter any competition and they are deemed to have accepted and be bound by these Terms and Conditions on your behalf.
All competitions are open to residents of the United Kingdom and the Republic of Ireland, excluding employees of Ash Cosmetics Ltd or its affiliate companies, their families, cohabitants, agents and anyone connected to the relevant competition. No purchase is necessary. Entry is limited to one registration per person.
Any evidence of using technology for automated entries, and/or entry using multiple aliases, email addresses or names will be treated as spam and will be automatically disqualified from the competition.
To enter the Prize Draw you must like the specified photo uploaded by Ash Cosmetics on either Twitter, Instagram or Facebook and like the Ash Cosmetics page on the social media platform promoting the Prize Draw.
When entering any competition, if you opt-in to receive emails from us we may contact you from time to time to provide you with information about goods and services which we feel may be of interest to you, but you may unsubscribe at any time using the unsubscribe link provided in our emails. We will not share your information with third party companies for marketing purposes.
The prize winner(s) will be notified by the social media channel by which they entered the competition that they have been successful within 5 days of the closing date of the relevant competition and the prize winner(s) should acknowledge this notification. Where possible, prizes will be delivered to any winner(s) within 5 days of them acknowledging the email notification that they have won. If a winner does not acknowledge the email notification within 30 days, or is unable or does not want for whatever reason to accept a prize, we reserve the right to award the prize to another eligible entrant and the original winner will forfeit any rights to the prize.
Prizes are non-transferable and there is no cash alternative. Prizes are subject to availability, and the terms and conditions of any third party service providers, and we reserve the right to substitute a prize (or any part of it) for an alternative prize of equivalent monetary value if this is necessary for reasons beyond our control.
If any prize relates to an event which is postponed for any reason, the prize will be valid for such other date on which the event is rescheduled. Where the prize(s) include products or services from third parties we wish to make it clear that, except where expressly stated, we are not associated with those third parties or their brands and none of those third parties endorse the Ash Cosmetics brand or the Site in any way.
A maximum of 1 prize will be allocated per valid address.
You acknowledge that if you win any competition, we may use your personal data including your name and hometown or county on the Site, and elsewhere, to publicise your win and for promotional purposes. Competition winner(s) may be asked to participate in additional publicity related to the relevant competition, which may include photographs and/or videos of you and others and quotes from you relating to the competition, the Prize and/or Ash Cosmetics products in general.