Terms of Use

Terms of Use - lauragellermalls

These Terms of Use ("Terms") govern your access to and use of the lauragellermalls website (lauragellermalls.com) ("Website"), as well as your interaction with our services, content, and products (including Holiday collections, Bliss Skincare, Makeup Sets, and other beauty items) ("Products"). By accessing, browsing, or using the Website, creating an account, or purchasing Products, you ("you" or "User") agree to be bound by these Terms and our Privacy Policy, Refund Policy, and Shipping Policy. If you do not agree to these Terms, you must immediately cease using the Website and our services.

1. Eligibility & Account Creation

To use the Website and purchase Products, you must meet the following eligibility requirements:
  • You are at least 13 years of age. If you are between 13 and 18 years old, you must obtain parental or guardian consent to use the Website and create an account.
  • You have the legal capacity to enter into a binding contract (or your parent/guardian does, if applicable).
  • You are not prohibited by any applicable laws from accessing the Website or purchasing our Products.
When creating an account, you agree to:
  • Provide accurate, current, and complete information (e.g., name, email address, shipping details).
  • Maintain the confidentiality of your account username and password, and notify us immediately at [email protected] if you suspect any unauthorized access to your account.
  • Accept full responsibility for all activities conducted under your account, including purchases of Products like Holiday Limited Edition or Bliss Skincare Sets.

2. Grant of Use License

We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Website solely for personal, non-commercial purposes (e.g., browsing Products, purchasing beauty items for personal use, or learning about Curated Collections). This license does not permit you to use the Website or its content for commercial, competitive, or unauthorized purposes.

3. Prohibited Uses

You agree not to engage in any of the following prohibited activities when using the Website or our services:
  • Violating any applicable laws, regulations, or third-party rights (e.g., copyright, trademark, or privacy laws).
  • Accessing, modifying, or attempting to bypass the Website’s security features, including unauthorized access to user accounts, databases, or payment systems.
  • Using the Website to transmit or upload harmful, offensive, or illegal content (e.g., malware, hate speech, explicit material, or false information about our Products like Holiday Eyes or Setting Powders Sprays).
  • Engaging in fraudulent or deceptive practices, such as placing fake orders, using stolen payment methods, or misrepresenting your identity to obtain discounts or free Products.
  • Scraping, crawling, or harvesting any content from the Website (e.g., product descriptions, prices, images) without our prior written permission.
  • Interfering with the Website’s functionality, including overloading servers, disrupting navigation, or altering content displayed on the site.
  • Reselling, distributing, or exploiting our Products or Website content for commercial gain without our explicit authorization.

4. Intellectual Property Rights

All intellectual property rights in and to the Website, its content (e.g., text, images, logos, product names, and descriptions), and our brand (including "lauragellermalls", "Holiday", and "Bliss Skincare") are owned by us or our licensors. These rights are protected by copyright, trademark, and other intellectual property laws worldwide.
You may not copy, reproduce, distribute, modify, display, or create derivative works of any of our intellectual property without our prior written consent. This includes, but is not limited to, using our product images to promote other brands or selling counterfeit versions of our Value Sets or Holiday Lips products.

5. Product Information & Availability

We strive to provide accurate and up-to-date information about our Products on the Website, including descriptions, ingredients, prices, and availability. However, we do not warrant that all information is error-free, complete, or current. In the event of a discrepancy (e.g., a mislabeled Shop, Makeup, Foundations Concealers product or an incorrect price), we reserve the right to correct the error and:
  • Notify you of the correction and offer to proceed with the order at the corrected terms;
  • Cancel the order and issue a full refund if the product is unavailable or the error significantly impacts the order value.
Product availability is subject to change without notice, especially for limited-edition items like Holiday, Limited Edition.

6. User-Generated Content (UGC)

If you submit, post, or share content on the Website (e.g., product reviews, photos of you using our Products, or comments) ("UGC"), you grant us a non-exclusive, worldwide, royalty-free, perpetual, and sublicensable license to use, reproduce, modify, display, and distribute that UGC for purposes related to our business (e.g., marketing Best Sellers or promoting new Curated Collections).
By submitting UGC, you warrant that:
  • You own all rights to the UGC or have obtained permission from the relevant rights holders;
  • The UGC does not violate any laws, infringe on third-party rights, or contain harmful or offensive content;
  • You have obtained consent from any individuals featured in the UGC (e.g., photos of others using our Products).
We reserve the right to moderate, edit, or remove any UGC at our sole discretion, without prior notice.

7. Limitation of Liability

To the maximum extent permitted by applicable law:
  • We shall not be liable for any indirect, incidental, consequential, special, or punitive damages arising from your use of the Website or purchase of Products, including but not limited to loss of profits, data, or goodwill.
  • Our total liability to you for any claim related to the Website or Products shall not exceed the total amount you paid for the specific Product(s) giving rise to the claim.
  • We are not liable for any damages caused by: (i) your violation of these Terms; (ii) unauthorized access to your account; (iii) third-party errors or disruptions (e.g., payment processor issues); (iv) delays in delivery due to factors beyond our control (as outlined in our Shipping Policy); or (v) your use of Products in a manner inconsistent with their intended purpose (e.g., using Bliss Skincare products on damaged skin without consulting a professional).

8. Disclaimers

The Website and our Products are provided "as is" and "as available" without any warranties of any kind, express or implied. We disclaim all warranties, including but not limited to:
  • Warranties of merchantability or fitness for a particular purpose (e.g., we do not guarantee that Holiday Skincare products will address specific skin concerns);
  • Warranties that the Website will be error-free, secure, or uninterrupted;
  • Warranties regarding the accuracy or reliability of any content on the Website.
You acknowledge that beauty products may cause allergic reactions in some individuals, and we recommend patch-testing new products before full use. We are not liable for adverse reactions unless caused by a defect in the Product (as outlined in our Refund Policy).

9. Termination

We may terminate or suspend your access to the Website, your account, or your ability to purchase Products at our sole discretion, with or without prior notice, if:
  • You violate any provision of these Terms;
  • You engage in fraudulent or illegal activity;
  • We believe your use of the Website poses a risk to our business, other users, or third parties;
  • We discontinue the Website or relevant services.
Upon termination, your right to use the Website and our services will immediately cease. We may retain your account information in accordance with our Privacy Policy and applicable laws.

10. Changes to These Terms

We may update these Terms from time to time to reflect changes in our business practices, legal requirements, or the functionality of the Website. We will post the revised Terms on the Website with a new "Last Updated" date. Your continued use of the Website or purchase of Products after the revised Terms are posted constitutes your acceptance of the changes. We encourage you to review these Terms regularly.

11. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of New York, United States, without regard to its conflict of laws principles.
Any dispute arising out of or related to these Terms, the Website, or our Products shall first be resolved through good-faith negotiation between you and us. If the dispute cannot be resolved through negotiation, it shall be submitted to binding arbitration in New York, New York, in accordance with the rules of the American Arbitration Association. Arbitration shall be conducted in English, and the decision of the arbitrator shall be final and binding on both parties.

12. Contact Us

If you have any questions, concerns, or disputes regarding these Terms of Use, please contact our legal and customer service team at:
Email: [email protected]