Terms of Service

Terms of service

OVERVIEW

Welcome to ColourPop Cosmetics! The terms "we", "us" and "our" refer to ColourPop Cosmetics. ColourPop Cosmetics is the operator of this website and digital store, which includes associated information, content, functionality, tools, merchandise, and services so customers can receive an organized shopping experience (the "Services"). ColourPop Cosmetics makes available through Shopify's hosting services our Services.

The terms together with their conditions below, read with all policies referred to here (these "Terms of Service" or "Terms") define both your rights and your responsibilities at the time you use our Services.

Review This agreement in full, as they include significant information on the rights the law gives you and cover areas including examples like limits of liability and disclaimers concerning warranties.

As a result of visiting, interacting with, or otherwise using our service offering, you accept and are bound by This agreement and our published Privacy Policy /pages/privacy-policy. In the event that you decline to be bound by This agreement or Privacy Policy, you should not make use of or access our service offering.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to This agreement, you confirm that you are old enough to have reached legal majority in your province or state in which you live, and you have granted us permission to allow any of your dependents below the age of majority to use our Services on devices under your ownership, purchase, or management.

to use our Services, covering visiting and browsing our online storefronts or purchasing any of the products, or alternatively services we offer, you are permitted to be asked to make available certain information, including examples like your email address, billing, payment, and shipping information. You affirm and warrant that all the information you provide in our stores is current as well as accurate and complete and that you have all rights necessary to make available this information.

You alone are responsible in relation to maintaining security over your login credentials and for all activity occurring on the account. You may under no circumstances license, sell, transfer, or assign your account to any other person.

SECTION 2 - OUR PRODUCTS

We make reasonable efforts to present an accurate representation of our products as well as services in our online stores. That said, please note that a product's appearance or color can differ from how they may appear on your screen due to which device you use to access the store and your settings or configuration of your equipment.

It is not our practice to guarantee that the appearance or quality of any products, or alternatively services purchased by you are expected to fulfill your expectations or be the way they are pictured or rendered in our online stores.

All descriptions of products are under change at any time and with no prior notice when we decide in our sole judgment. We are permitted to end availability of any product at a time of our choosing and may cap the quantities 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 choose whether to accept an order 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 in full before submitting, as ColourPop Cosmetics may be not in a position to accept cancellation requests after an order is accepted. In the event that it is not our practice to accept, make a change to, or cancel an order, we intend 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 under seek a return or exchange solely under and consistent with our Refund Policy /pages/refund-policy.

you affirm and warrant that your purchases are for your own private or domestic use and not for commercially reselling or exporting.

SECTION 4 - PRICES AND BILLING

Prices, discounts, and promotions may change without notice beforehand. The price charged for a product or service will be the price applicable at the moment the order is placed and will be set out in your order confirmation email. Other than when expressly stated, posted prices do not include tax, delivery, handling, import, or customs charges.

Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third-party entities. We are permitted to offer, Periodically, promotions on our Services that may affect pricing and that are governed by terms together with their conditions separate from this agreement. If there is a conflict between the terms for a promotion and this agreement, the promotion terms will govern.

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

you affirm and warrant 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 you are expected to be honored by your credit card company, and (iv) you are expected to pay charges incurred by you at the posted prices, covering shipping and handling charges and all applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY

we will not be liable for late shipping and delivery. All delivery times are approximate and not promised. We are not responsible in relation to delays caused by shipping carriers, customs processing, or conditions outside of our control. Once we transfer products to the carrier, legal title and loss risk passes to you.

SECTION 6 - INTELLECTUAL PROPERTY

our service offering, including, for example all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are held by ColourPop Cosmetics, an affiliate, or a licensor and are protected by U.S. and foreign patent, copyright and other intellectual property laws.

this agreement permit you to use our Services for your your own noncommercial purposes exclusively. You must never modify, copy, distribute, or create derivative material from, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services without our our written approval in advance. Apart from where expressly provided herein, nothing in this agreement 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 third-party entity. Unauthorized use of our Services may be a violation of federal or state intellectual-property statutes. All rights not specifically given 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 must never use such trademarks without the prior documented approval 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 our Services are the trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS

you are permitted to be provided with access to customer tools offered by third-party entities as part of our Services, which we neither monitor nor have any control nor input.

you acknowledge expressly 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 with the risk and decision resting entirely with you 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 can also, in the future, offer new features through our Services (covering the release of new tools and resources). Such new features shall also be deemed part of our Services and are under This agreement.

SECTION 8 - THIRD-PARTY LINKS

our Services may contain materials and hyperlinks to websites provided or operated by third-party entities (covering any embedded third-party entity functionality). We are not responsible in relation to examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. In the event that you decide to leave our Services to access these materials or third-party entity sites, you do so at your own risk.

we will not be liable for any harm or damages related to your access of any third-party websites, or your make a purchase of or use of any products, services, resources, or content on any third-party websites. Please review in full the third-party's policies and practices and make sure you understand them before you engage in any transaction. Questions or concerns, claims, or complaints regarding third-party services or merchandise 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 makes available through Shopify's hosting services our Services. That said, any sales and purchases you make in our Store are made with ColourPop Cosmetics as the direct counterparty. As a condition of using our Services, you acknowledge expressly and agree that Shopify is not responsible in relation to any aspect of any sales between you and ColourPop Cosmetics, covering any any injury or loss or damage resulting from purchased products as well as 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 your personal information we collect through our Services is under our published Privacy Policy, which can be viewed here /pages/privacy-policy, and certain your personal information may be under Shopify's Privacy Policy, which can be viewed here. As a condition of using our Services, you confirm that you have reviewed these privacy policies.

because our Services are hosted by Shopify, Shopify collects and processes your personal information about your access to and use of our Services to provide and improve our Services for you. Information you submit to our Services will be transmitted to and shared with Shopify as well as third-party entities that may be located in other countries than where you reside, to provide services to you. Review our published Privacy Policy /pages/privacy-policy for more details on how we, Shopify, and our partners use your your personal information.

SECTION 11 - FEEDBACK

in the event that you submit, upload, post, email, or otherwise transmit any reviews, proposals, ideas, plans, suggestions, feedback, or other content (collectively, "Feedback"), you grant us a sublicensable and royalty-free license with perpetual worldwide scope to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, covering for commercial use. We are permitted to, for instance, use our rights under this license to operate, provide, evaluate, enhance, improve and promote our 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 when connected with your submission of Feedback; and (iii) your Feedback will comply with this agreement. 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 are permitted 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 This agreement.

You agree that your Feedback will not violate any right of any third-party, covering 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 our Services or any related website. You may under no circumstances 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 responsible in relation to 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 our Services that contain typographical omissions together with errors or inaccuracies that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We are permitted to correct any omissions together with errors or inaccuracies, and to change or update information or cancel orders if any information is inaccurate at any time and without giving prior notice (covering after you have submitted your order).

SECTION 13 - PROHIBITED USES

you are permitted to access and use our Services for lawful purposes only. You may under no circumstances make use of or access our Services, directly or indirectly: (a) for any purpose that is unlawful or malicious; (b) to violate any provincial, state, international, or federal 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 intimidate, disparage, defame, slander, harass, abuse, insult, or harm, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload or use, download, or reuse any material that does not comply with the this agreement; (g) to transmit, or procure the sending of, any advertising or promotional material, covering 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 our Services, or which, as determined by us, may harm ColourPop Cosmetics, Shopify or users of our 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 our Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of our Services; (c) collect or track the your personal information of others; (d) spam, phish, pharm, or pretext our Services; (e) use any robot, spider, scraping, data gathering and extraction tools, automatic devices or processes, AI tools (including examples like agentic AI) or automated or manual means to access our 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 our Services. We are permitted to suspend or end, or disable your account at a time of our choosing, without notifying you, if we determine that you have violated any part of this agreement.

SECTION 14 - AGENTS

14.1 This section ("Agent Terms") applies in the event that 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 are permitted to limit, covering 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 covering 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, including examples like 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 our Services.

SECTION 15 - TERMINATION

we are permitted to terminate this agreement or your access to our Services (or any part thereof) in our sole discretion at any time and with no prior notice, and you are expected to remain liable for all amounts due up to and covering 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 our Services is made available solely for general information purposes. It is not our practice to warrant the accuracy or usefulness, or completeness 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 our Services, or by anyone who may be informed of any of its contents.

apart from where EXPRESSLY STATED BY ColourPop Cosmetics, OUR SERVICES AND ALL PRODUCTS OFFERED THROUGH OUR SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, COVERING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. IT IS NOT OUR PRACTICE TO GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICES WILL BE UNINTERRUPTED AND TIMELY, SECURE, OR WITHOUT ERRORS. 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, DIRECTORS OR OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, 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, COVERING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (COVERING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF OUR SERVICES OR ANY PRODUCTS PROCURED USING OUR SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF OUR SERVICES OR ANY PRODUCT, COVERING, 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 OUR SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OUR SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 18 - INDEMNIFICATION

You consent 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, covering reasonable attorneys' fees, payable to any third-party entity due to or arising out of (1) your breach of This agreement or the documents they incorporate by reference, (2) your violation of any law or the rights of a third-party entity, or (3) your access to and use of our Services.

we intend 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 are permitted to control the defense and settlement of such claim at your expense, covering choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You are expected to cooperate in the defense of indemnified claims, covering by providing relevant documents.

SECTION 19 - SEVERABILITY

In the event that any provision of This agreement is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by relevant legal requirements, and the unenforceable portion shall be deemed to be severed from This agreement, 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 This agreement shall not constitute a waiver of such right or provision.

This agreement and any policies or operating rules posted by us on this site or in respect to the Service constitutes the full agreement and understanding 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 (covering, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of This agreement shall not be construed against the drafting party.

SECTION 21 - ASSIGNMENT

you may under no circumstances delegate, transfer or assign this Agreement or any of your rights or obligations under this agreement without our our written approval in advance, and any such attempt will be null and void. We are permitted to transfer, assign, or delegate this agreement and our rights and obligations without consent or notice to you.

SECTION 22 - GOVERNING LAW

This agreement and any separate agreements whereby we provide you Services shall be governed by and construed under and consistent with 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 this agreement.

SECTION 24 - CHANGES TO TERMS OF SERVICE

you can review the most current version of the Terms of Service at a time of our choosing on this page.

We keep the right, in our sole discretion, to update, change, or replace any part of This agreement by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We intend to notify you of any material changes to this agreement under and consistent with relevant legal requirements, and such changes will be effective on the date specified in the notice. Your continued use of or access to our Services following the posting of any changes to This agreement constitutes acceptance of those changes.