Terms and Conditions

1. Introduction

Welcome to the PLAGARY.com website (the “Site”). This Site is operated by PLAGARY BEAUTY LIMITED (“PLAGARY”, “we”, “us”, or “our”). We offer the Site, including all information, tools, products, and services available through it (collectively, the “Services”), to you, the user, conditioned upon your acceptance of all terms, conditions, and policies stated here (collectively, these “Terms and Conditions” or “Terms”). By accessing or using our Site and Services (including by making a purchase), you agree to be bound by these Terms, including additional terms and policies referenced herein or available by hyperlink (such as our Privacy Policy, Refund Policy, and Shipping Policy). These Terms apply to all users of the Site, including without limitation visitors, customers, merchants, and contributors of content.

Please read these Terms carefully before using our Site. If you do not agree with every term and condition, do not use this Site or any of our Services. If these Terms are considered an offer, acceptance is expressly limited to these Terms. Any new features or tools added to the Site shall also be subject to these Terms. You can review the most current version of the Terms on this page at any time.

Note: We reserve the right to update or modify these Terms by posting revised Terms on the Site. It is your responsibility to check for changes periodically. Your continued use of the Site after any changes are posted constitutes your acceptance of the updated Terms.

2. Eligibility

By using this Site, you represent and warrant that you are at least 18 years of age (or the age of legal majority in your jurisdiction), or if you are under 18, that you are using the Site under the supervision and with the consent of a parent or legal guardian. If you are under the age of majority and do not have such consent, you must not use our Site or Services. We reserve the right to refuse access to the Site or Services to anyone at any time, including if we believe a user is underage or otherwise ineligible. Our Services are not available to any users we have previously suspended or removed from our system for any reason.

3. Changes to Site and Terms

3.1 Modifications to Services: PLAGARY reserves the right to modify, update, suspend, or discontinue any part of the Site or Services (including the availability of any products, features, or content) at any time, without notice. Prices for our products are also subject to change at any time without notice. We are not liable to you or any third party for any modification, price change, suspension, or discontinuation of the Services.

3.2 Changes to Terms: PLAGARY may amend these Terms at our sole discretion. When we do so, we will post the revised Terms on this page and update the “Last Updated” date (if applicable). Continued use of the Site after changes are posted will constitute your acceptance of the new Terms. If you do not agree with any modification to the Terms, you should stop using the Site and Services immediately.

4. Privacy

Your submission of personal information through the Site is governed by our Privacy Policy (available on our Site). By using the Site or Services, you consent to the collection and use of information as described in the Privacy Policy. We implement reasonable security measures to protect your information; however, you understand that no data transmission or storage can be guaranteed to be 100% secure, and use of the Site is at your own risk. For details on how we collect, use, and protect your personal data, please review the Privacy Policy.

5. Account Registration and Security

To access certain features or make purchases, you may need to create an account on our Site. If you register an account, you agree to provide current, complete, and accurate information and to update it promptly if it changes. You are responsible for maintaining the confidentiality of your account login credentials, and for restricting access to your account. You agree to accept responsibility for all activities that occur under your account or password. If you believe your account has been compromised or used without authorization, you must notify us immediately. PLAGARY is not liable for any loss or damage arising from your failure to safeguard your account information or from unauthorized access to your account.

6. Orders and Payment

By placing an order through our Site, you are offering to purchase a product (or products) subject to these Terms. All orders are subject to our acceptance. We reserve the right, in our sole discretion, to refuse or cancel any order for any reason (for example, if we suspect fraud, if the item is out of stock, or if you violate these Terms). In the event we make a change to or cancel an order, we may attempt to notify you using the email, billing address, or phone number provided at the time of order.

Pricing and Availability: All prices displayed on our Site are shown in the currency indicated and, unless stated otherwise, do not include applicable taxes or shipping charges. Such fees will be added at checkout. We strive to list current and accurate prices, but errors or inaccuracies (including mispriced items or incorrect availability information) may occur. We reserve the right to correct any errors in pricing or details even after you have submitted an order. If a pricing or availability error is discovered after your order is placed, we will contact you with the correct information and you may choose to proceed with or cancel the order. If we cannot contact you, we may cancel the order and refund any amounts paid.

Payment: You must provide a valid payment method at the time of order. By submitting payment information, you represent and warrant that you are authorized to use the designated payment method and you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your order (including any applicable taxes and other charges). If your payment method cannot be verified, is invalid, or is not otherwise acceptable, we may suspend or cancel your order. You are responsible for any fees or charges your payment provider may apply.

7. Shipping and Delivery

All orders are subject to our Shipping Policy, which is hereby incorporated into these Terms by reference. The Shipping Policy provides information on shipping methods, delivery times, eligible destinations, and applicable shipping charges. Any shipping dates provided at the time of purchase are estimates only and not guaranteed. While we strive to deliver orders in a timely manner, PLAGARY is not liable for any delays or events beyond our control in shipping. Title to products and the risk of loss or damage pass to you upon our delivery of the products to the carrier, except as otherwise provided in the Shipping Policy or required by law. Please review the Shipping Policy for full details on delivery of products.

-Certain regions within some states may be classified as “undeliverable” by our carrier partners. Because these restrictions are defined—and may be updated—solely by the courier, we cannot identify every affected address in advance. If your location is later deemed undeliverable, we will notify you promptly and cancel the order.-

 

8. Returns and Refunds

We want you to be satisfied with your purchase. Returns, exchanges, and refunds are handled in accordance with our Refund Policy , which is incorporated into these Terms. Before attempting a return, please read the Refund Policy for eligibility criteria and instructions.

Eligibility: All returns must meet the conditions outlined in the Refund Policy (such as time limits, product condition requirements, and proof of purchase). PLAGARY reserves the right to deny any return, exchange, or refund request that does not comply with our policy or that we deem ineligible in our sole discretion. We also reserve the right to require proof of identity or additional information to process a return.

Refunds: If your return is approved, we will process your refund or exchange as described in the Refund Policy. Refunds may be issued via the original payment method or by an alternative method (such as store credit or another payment form) at our discretion. Please note that any original shipping charges or fees may be non-refundable, as detailed in our policy. We also reserve the right to refuse repeated return requests or to ban users from future returns if we detect abuse of our returns process.

9. Personal Use Only (No Resale)

The products and Services available on our Site are provided for your personal use only. You agree that you will not purchase products or use any Services for the purpose of reselling, distributing, or exploiting them for any commercial purpose without our express written consent. PLAGARY may, in its sole discretion, limit or cancel quantities of products purchased per person, per household or per order if we believe that an order may result in a violation of this provision. These restrictions can include orders placed by or under the same customer account, the same credit card, and/or orders using the same billing or shipping address. We also reserve the right to discontinue any product or Service at any time or to refuse any order that, in our judgment, appears to be placed with the intent to resell or export. If we suspect that you are purchasing products for resale or are otherwise engaging in unauthorized commercial activity, we may cancel your order and notify you of the cancellation. You shall not hold us liable for such cancellation.

10. Product Information and Site Content

PLAGARY strives to be as accurate as possible in describing products and Services on the Site. However, we do not warrant that all product descriptions, photographs, pricing, promotions, offers, or other content on the Site are complete, reliable, current, or error-free. For example, our Site may contain typographical errors or inaccuracies, or some information may not be up to date. Colors and images of products displayed on the Site are for illustrative purposes; we cannot guarantee that your computer or device’s display of colors will be accurate.

We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted an order). This may include correcting pricing errors, availability, and other information. If any information on the Site (or any related service or website) is inaccurate, we reserve the right to refuse or cancel orders placed based on such incorrect information, without further liability to you. Any reliance on the material on this Site is at your own risk. The Site content is provided “as is” for general information only, and should not be relied upon as the sole basis for making decisions without consulting more accurate or timely sources of information. We undertake no obligation to update or revise information on the Site, except as required by law.

11. Third-Party Links and Services

Our Site may include links to third-party websites or services that are not owned or controlled by PLAGARY. Additionally, we may use or offer certain third-party tools or features on our Site (for example, an embedded map, social media plug-in, or payment processor). These third-party websites and tools are provided for your convenience and to enhance your experience, but we do not endorse or assume any responsibility for any third-party websites, tools, content, or services.

When you click on third-party links or use third-party services through our Site, you do so at your own risk. Such third-party sites have their own terms of use and privacy policies, which we encourage you to read. We have no control over and are not responsible for the content or behavior of any third-party site or service. If you have any questions or complaints about a third-party product or service, you should contact the third party directly. PLAGARY will not be liable for any loss or damage incurred as a result of your dealings with third parties or your use of third-party tools or links on our Site.

12. Intellectual Property

All content and materials on the Site – including (but not limited to) text, descriptions, graphics, logos, button icons, images, audio clips, video clips, downloads, and software – are the property of PLAGARY or our content suppliers and are protected by applicable intellectual property laws (such as copyright, trademark, and trade dress laws). PLAGARY and its associated logos, product names, and graphics are trademarks or trade dress of PLAGARY (whether registered or unregistered). You are not granted any license or right under any trademark, service mark, copyright, or other intellectual property right of PLAGARY or any third party. All such rights are expressly reserved.

Authorized Use: You may access and use the Site and its content solely for your personal, non-commercial use (such as learning about our products or placing orders). Any other use of the Site or its content, including reproduction, distribution, modification, republication, or public display, without our prior written permission is strictly prohibited. You may not use any meta tags or other “hidden text” utilizing the PLAGARY name or trademarks without our express written consent.

Feedback: If you choose to submit comments, ideas, suggestions, or other feedback to us regarding the Site or our products (“Feedback”), you agree that we are free to use such Feedback in any manner whatsoever, without any obligation to you. PLAGARY will own all rights, title, and interests in and to the Feedback (including any improvements or modifications made based on your Feedback), and we shall be entitled to use and implement the Feedback without restriction, compensation, or attribution to you.

13. User Content and Feedback

From time to time, our Site may allow you to post reviews, comments, photos, or other content, or to submit certain information or materials to us (collectively, “User Content”). By submitting or posting any User Content, you agree to the following terms:

• License to Use: You grant PLAGARY a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, display, and create derivative works from any User Content you submit, in any media now known or later developed. We may use your User Content for any purpose, including (but not limited to) displaying it on our Site, marketing our products, or improving our Services. You understand that we are not obligated to keep any User Content confidential, to pay you or any third party any compensation for it, or to respond to it.

• No Violation of Rights: You represent and warrant that you own or control all rights in any User Content you submit, and that our use of your content will not infringe or violate the rights of any third party (including intellectual property rights, privacy, and publicity rights). You further promise that any User Content you provide will not be defamatory, obscene, harassing, threatening, or otherwise unlawful or objectionable, and that it will not contain any virus, malware, or harmful code.

• Accuracy: You are solely responsible for the accuracy and legality of any User Content you submit. You may not impersonate any other person or entity, use a false email address, or otherwise mislead us or other users as to the origin of any content.

• Our Rights: We have the right (but not the obligation) to monitor, edit, or remove any User Content at our sole discretion. If we determine that any content submitted by you is unlawful, offensive, defamatory, infringes someone’s rights, or otherwise violates these Terms, we may remove it and/or take further action as we see fit. However, we are not responsible for any failure or delay in removing such content.

• No Liability: You agree that PLAGARY is not responsible or liable for any User Content posted by you or others. The views and opinions expressed in User Content belong solely to the original authors and do not necessarily reflect our views. We take no responsibility and assume no liability for any User Content, nor for any loss or damage resulting from it.

14. Prohibited Uses

In addition to other restrictions set forth in these Terms, you agree not to misuse the Site or Services. You are expressly prohibited from using the Site or its content:

• Unlawful Purposes: For any unlawful purpose, or to solicit others to perform or participate in any unlawful acts.

• Violation of Laws or Regulations: To violate any international, federal, provincial/state, or local regulations, rules, laws, or ordinances.

• Infringement: To infringe upon or violate our intellectual property rights or the rights of others, including copyrights, trademarks, or other proprietary rights.

• Harassment or Harm: To harass, abuse, insult, harm, defame, slander, intimidate, or discriminate against anyone based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.

• False or Misleading Information: To submit false or misleading information or impersonate any person or entity.

• Malicious Code: To upload or transmit viruses, worms, or any other malicious code that may affect the functionality or operation of the Site, other websites, or the Internet.

• Collecting Data: To collect or track the personal information of others without their consent (e.g., phishing, scraping).

• Spam and Attacks: To spam, phish, pharm, pretext, spider, crawl, or scrape the Site or to use the Site for any obscene or immoral purpose.

• Interference with Security: To interfere with or circumvent the security features of the Site, other websites, or any Internet service (including by probing, scanning, or testing the vulnerability of our Site without proper authorization).

Engaging in any of the above prohibited uses constitutes a breach of these Terms and may result in immediate termination of your right to use the Site and Services (among other remedies available to us). We reserve the right to take appropriate legal action for any violation of this Section or these Terms. You understand that if you violate these Terms, you will be liable for any damages or losses (including costs and attorneys’ fees) that PLAGARY incurs as a result of your actions.

15. Disclaimer of Warranties; Limitation of Liability

Warranties Disclaimed: Your use of the Site and Services is at your sole risk. The Site, and all products and services delivered to you through the Site, are provided on an “AS IS” and “AS AVAILABLE” basis, without any warranties of any kind, either express or implied. PLAGARY and its suppliers and service providers disclaim all warranties, express or implied, including (but not limited to) implied warranties of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. We do not guarantee, represent, or warrant that: (a) the Site or Services will be uninterrupted, timely, secure, or error-free; (b) the results obtained from use of the Services will be accurate or reliable; or (c) any errors in the Services or Site will be corrected.

From time to time, we may suspend or remove the Site (or certain Services or content therein) for indefinite periods or cancel the Service at any time, without notice to you. You expressly agree that your use of (or inability to use) the Site and Services is at your sole risk.

Limitation of Liability: To the fullest extent permitted by law, in no case shall PLAGARY, nor its directors, officers, employees, agents, contractors, suppliers, or service providers, be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind. This includes, 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 part of the Site or Services, or for any other claim related in any way to your use of the Site or any product or service, 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 the Site or any content (or product) posted, transmitted, or otherwise made available via the Site. This limitation applies even if we have been advised of the possibility of such damages.

Because some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for incidental or consequential damages, some of these exclusions or limitations may not apply to you. In such jurisdictions, our liability shall be limited to the maximum extent permitted by applicable law.

16. Indemnification

You agree to indemnify, defend and hold harmless PLAGARY, its directors, officers, employees, agents, contractors, partners, service providers, and suppliers (collectively, the “Indemnified Parties”) from and against any and all claims, demands, losses, liabilities, damages, judgments, awards, costs or expenses (including reasonable attorneys’ fees) arising out of or related to your breach of these Terms or the documents incorporated by reference, your violation of any law or the rights of a third party, or your use of the Site or Services in violation of these Terms. This means you will reimburse the Indemnified Parties for any losses or expenses (including legal fees) incurred due to your actions. We will provide notice to you promptly of any such claim and reserve the right to assume the defense and control of the matter (at your expense) subject to indemnification, and you agree to cooperate fully with our defense of such claims.

17. Termination

These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate this agreement at any time by discontinuing use of our Site and Services and, if you have an account, by deleting your account or notifying us that you no longer wish to use our Services.

We may terminate or suspend your access to the Site and Services (or any portion thereof) at any time, without prior notice, if we believe that you have violated any provision of these Terms or any applicable law, or for any other reason in our sole discretion. In such case, you remain liable for any amounts due up to and including the date of termination. We may also deny you access to our Services in the future if we determine, in our sole judgment, that you have failed to comply with these Terms.

Upon any termination of this agreement by either party: (a) your right to use the Site and Services will immediately cease, and we may delete or deactivate your account and all related information; and (b) the following provisions will survive and remain in effect: any obligation of yours to pay for Services (if applicable) prior to termination, any provisions of these Terms that by their nature should survive termination (such as disclaimers of warranties, limitations of liability, indemnities, and governing law), and any other provisions expressly stated to survive. Termination of these Terms will not limit any of PLAGARY’s other rights or remedies at law or in equity.

If you wish to terminate your account or have any questions about discontinuing your use of the Services, please contact us (see the Contact Us section below).

18. Governing Law

This agreement and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region (HKSAR), without regard to its conflict of law principles. By using the Site or Services, you agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Site shall be brought exclusively in the courts of Hong Kong, and you hereby irrevocably submit to the exclusive jurisdiction of the courts of Hong Kong for the resolution of any such dispute. Notwithstanding the foregoing, PLAGARY may seek injunctive or equitable relief in any competent jurisdiction to protect its intellectual property or confidential information.

19. General Provisions

No Waiver: Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of PLAGARY.

Severability: In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision will nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable portion will be deemed severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.

Entire Agreement: These Terms and Conditions (including any policies or operating rules referenced herein or posted on our Site) constitute the entire agreement and understanding between you and PLAGARY governing your use of the Site and Services, and supersede any prior or contemporaneous agreements, communications, and proposals (whether oral or written) between you and us, including any prior versions of the Terms. You acknowledge that you have not relied on any representation or promise that is not expressly stated in these Terms.

No Partnership: Nothing in these Terms shall be construed as creating any joint venture, partnership, employment, or agency relationship between you and PLAGARY. You and PLAGARY are independent contracting parties.

Assignment: You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms to an affiliate or in connection with a merger, acquisition, sale of assets, or by operation of law, or otherwise at our discretion. These Terms shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.

Headings: The section headings used in these Terms are included for convenience only and will not limit or otherwise affect the interpretation of these Terms. In these Terms, the word “including” is used illustratively and means “including without limitation.”

Interpretation: Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party (i.e., PLAGARY). Both you and PLAGARY agree that these Terms shall be interpreted fairly and not in favor of or against either party simply because one party drafted them.

20. Contact Us

If you have any questions, concerns, or comments about these Terms and Conditions or our Services, or if you need to contact us for any reason, you may reach us by any of the following methods:

• Email: concat@plagary.com

• Phone: +1 (312) 371-1774 (available during standard business hours)

• Address: PLAGARY BEAUTY LIMITED, RM 1911 Lee Garden One, 33 Hysan Avenue, Causeway Bay, Hong Kong

We will do our best to respond to inquiries in a timely manner. Thank you for reviewing our Terms and Conditions and for shopping with PLAGARY!