Terms of Service

Terms of service

OVERVIEW

Welcome to ColourPop Cosmetics! The terms "we", "us" and "our" refer to ColourPop Cosmetics. ColourPop Cosmetics operates this web store together with its website, along with all connected content, information, features, tools, products, and services so customers can receive a selected retail experience (the "Services"). ColourPop Cosmetics relies on Shopify for hosting and delivery of these Services.

The conditions and terms below, alongside every policy incorporated by reference (these "Terms of Service" or "Terms") state the duties you owe and the rights you hold whenever you use these Services.

Review These Terms with care, as they include material details concerning your legal rights and cover areas including disclaimers of warranties and limits on liability.

When visiting, interacting with, or otherwise using these Services, you accept and are bound by These Terms and our Privacy Policy /pages/privacy-policy. Where you are unwilling to accept These Terms or Privacy Policy, you should not use or gain access to these Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to These Terms, you confirm that you are no younger than the legal age of majority in your state or province where you reside, and you have provided your consent to us to allow any of your dependents who are minors to use these Services on devices that you own, buy, or control.

To use these Services, including entering or navigating our digital stores or purchasing any of the goods or services we offer, you can be asked for the purpose of providing certain information, including your email address, billing, payment, and shipping information. You state and guarantee that all the information you provide in our stores is accurate, up to date, and complete and that you have all rights necessary for the purpose of providing this information.

You alone are accountable for keeping your account credentials secure and for every activity conducted through your account. You must not sell, transfer, license, or assign your account to any other person.

SECTION 2 - OUR PRODUCTS

We make reasonable efforts to present an accurate representation of our goods and services in our online stores. Even so, please note that product appearance or colors can vary from how they may appear on your screen due to the kind of device used to access the store and your configuration and settings on that device.

We do not guarantee that the appearance or quality of any goods or services purchased by you will satisfy what you expect or be identical to the depiction or rendering in our online stores.

All descriptions of products are governed by change at any point without advance notice in our exclusive judgment. We may stop offering a product at any point and may place limits on 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 approve or reject the 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 with care before submitting, as ColourPop Cosmetics can be not able to honor a cancellation request after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will 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 governed by return or replace solely in conformity with our Refund Policy /pages/refund-policy.

you state and guarantee that your purchases are for your own individual or household purposes and not for resale or export in commerce.

SECTION 4 - PRICES AND BILLING

Prices, discounts, and promotions may change without advance notice. The price charged for a product or service will be the price effective when the order is placed and will be set out in your order confirmation email. Except where otherwise expressly stated, posted prices do not include taxes and charges for shipping, handling, customs, or imports.

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

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

you state and guarantee 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 will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY

we have no liability for delays in shipment or delivery. All delivery times are only estimates, without a guarantee. We are not accountable for delays caused by shipping carriers, customs processing, or circumstances beyond our control. Once we transfer products to the carrier, ownership title and the risk of loss passes to you.

SECTION 6 - INTELLECTUAL PROPERTY

these Services, including, without limitation all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are the property of ColourPop Cosmetics or its affiliates and licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.

These Terms permit you to use these Services for your only your private, noncommercial use. You may not copy, distribute, alter, or prepare derivative works from, publicly display, publicly perform, republish, download, store, or transmit any of the material on these Services without our advance written consent. Other than as expressly provided herein, nothing in these 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 outside party. Unauthorized use of these Services can be a violation of state and federal laws protecting intellectual property. All rights that are not explicitly provided 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 may not use such trademarks without the prior permission 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 these Services are the trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS

You can be provided with access to customer tools offered by outside parties as part of these Services, which we neither monitor nor have any control nor input.

you recognize 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 using your own judgment and accepting the 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 may also, in the future, offer new features through these Services (including the release of new tools and resources). Such new features shall also be deemed part of these Services and are governed by These Terms.

SECTION 8 - THIRD-PARTY LINKS

these Services may contain materials and hyperlinks to websites provided or operated by outside parties (including any embedded outside party functionality). We are not accountable for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. Where you decide to leave these Services to access these materials or outside party sites, you do so at your own risk.

we have no liability for any harm or damages related to your access of any third-party websites, or your buy or use of any products, services, resources, or content on any third-party websites. Please review with care the third-party's policies and practices and make sure you understand them before you engage in any transaction. Claims, questions, complaints, or concerns regarding products and services supplied by third 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 relies on Shopify for hosting and delivery of these Services. Even so, any sales and purchases you make in our Store are made between you and ColourPop Cosmetics directly. Through your use of these Services, you recognize and agree that Shopify is not accountable for any aspect of any sales between you and ColourPop Cosmetics, including any loss, injury, or damage resulting from purchased goods 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 we collect through these Services is governed by our Privacy Policy, which can be viewed here /pages/privacy-policy, and certain personal information can be governed by Shopify's Privacy Policy, which can be viewed here. Through your use of these Services, you confirm that you have reviewed these privacy policies.

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

SECTION 11 - FEEDBACK

where you submit, upload, post, email, or otherwise transmit any suggestions, ideas, reviews, feedback, proposals, plans, or other material (collectively, "Feedback"), you grant us a worldwide, perpetual, royalty-free, sublicensable license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, as an example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote these 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 in relation to your submission of Feedback; and (iii) your Feedback will comply with these 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 may, 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 These Terms.

You agree that your Feedback will not violate any right of any third-party, including 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 these Services or any related website. You must 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 accountable 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 can be information on or in these Services that contain typographical mistakes, omissions, or inaccuracies that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We may correct any mistakes, omissions, or inaccuracies, and to change or update information or cancel orders if any information is inaccurate at any point, with no advance notice (including after you have submitted your order).

SECTION 13 - PROHIBITED USES

you may access and use these Services for lawful purposes only. You must not gain access to or use these Services, directly or indirectly: (a) for any illegal or harmful purpose; (b) to violate any international, state, provincial, 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 abuse, harass, harm, insult, slander, defame, intimidate, or disparage, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, download, upload, use, or reuse any material that does not comply with the these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including 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 these Services, or which, as determined by us, may harm ColourPop Cosmetics, Shopify or users of these 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 can be used in any way that will affect the functionality or operation of these Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of these Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext these Services; (e) use any robot, spider, scraping, data gathering and extraction tools, automatic devices or processes, AI tools (including agentic AI) or automated or manual means to access these 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 these Services. We may disable, suspend, or terminate your account at any point, without advance notice, if we determine that you have violated any part of these Terms.

SECTION 14 - AGENTS

14.1 This section ("Agent Terms") applies where 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 may limit, including 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 including 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 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 these Services.

SECTION 15 - TERMINATION

we may terminate this agreement or your access to these Services (or any part thereof) in our sole discretion at any point without advance notice, and you will remain liable for all amounts due up to and including 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 these Services is made available solely for general information purposes. We do not warrant the usefulness, accuracy, 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 these Services, or by anyone who can be informed of any of its contents.

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

SECTION 18 - INDEMNIFICATION

You agree that you will 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, including reasonable attorneys' fees, payable to any outside party due to or arising out of (1) your breach of These Terms or the documents they incorporate by reference, (2) your violation of any law or the rights of a outside party, or (3) your access to and use of these Services.

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

SECTION 19 - SEVERABILITY

In the event that any provision of These Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by the law that applies, and the unenforceable portion shall be deemed to be severed from These 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 These Terms shall not constitute a waiver of such right or provision.

These Terms and any policies or operating rules posted by us on this site or in respect to the Service constitutes the complete agreement and mutual 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 (including, but not limited to, any prior versions of the Terms of Service).

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

SECTION 21 - ASSIGNMENT

you must not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our advance written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 22 - GOVERNING LAW

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in conformity 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 these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE

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

We retain the right, in our sole discretion, to update, change, or replace any part of These Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in conformity with the law that applies, and such changes will be effective on the date specified in the notice. Your continued use of or access to these Services following the posting of any changes to These Terms constitutes acceptance of those changes.