Terms of service
Introduction
Please read these terms and conditions of use carefully before accessing, using or obtaining any products or services. By accessing the Kay Beauty website, you agree to be bound by these terms and conditions (“Terms”) and our Privacy Policy. If you do not accept all these Terms, then you may not use our Website. In these Terms, “we”, “us” , “our” refers to Kay Beauty, and “you” or “your” refers to you as the user of our Website.
Changes to the Agreement
We may modify these Terms, for any reason at any time, by posting a new version on Our Website, these changes do not affect rights and obligations that arose prior to such changes. Your continued use of Our Website following the posting of modified Terms will be subject to the Terms in effect at the time of your use. Please review these Terms periodically for changes.
If you do not wish to continue using the Service under the new version of Agreements, you may terminate your account / Services by contacting us by emailing us. These policies and procedures apply to all Kay Beauty products sold on this site.
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Hours of Function
Kay Beauty Team is operational from Monday – Saturday: 10:00 A.M- 7:00 P.M IST (India)
We observe a close on all government declared holidays.
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Payments, Cancellations, and Refund policy
In case of any payment failure, please email us at support@kaybeauty.com
Payments can be made in INR.
3.1 Billing
All payment transactions are processed through secure payment gateway providers. We do not store any card information (other than the last 4 digits of your card) in our servers.
A customer can purchase any product offered by Kay Beauty through different payment options like, VISA / MasterCard / UPI depending upon which ones are currently being provided by Payment Gateway facility.
After the payment process is carried out successfully, an official receipt of purchase is provided by payment Gateway on behalf of Kay Beauty through email which can be used as a reference for any future requirements.
3. 2 Marketing Communication
By opting in for marketing communication, you agree to receive marketing promotions and transactional updates (such as order confirmations and shipping alerts) from Kiehl’s via our digital communication channels, including WhatsApp, Google RCS, Email, and SMS.
3.3 Refund Policy
In case you feel the order is not as per specification, please contact our team within 24 -48 hrs for us to look into it and take an appropriate decision regarding refunds or returns if any.
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Customer Support
For customer support with account-related and payment-related questions, please contact us using the Contact us section of our website. We will use reasonable endeavours to respond to all Customer Support Queries within a reasonable time frame but we make no promises that any Customer Support Queries will be responded to within any particular time frame and/or that we will be able to answer any such queries.
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Rights you grant us
On acceptance of Terms & Conditions by a user, the user gives his/her explicit permission to call or contact the user via Phone, SMS or email through any medium which Kay Beauty deems fit.
We reserve the right to feature your picture in any photos, videos, or other promotional material used by us.
Further, we may use your personal information to inform you about other products offered by us. However, we shall not distribute or share your personal information with any third party marketing database or disclose Your personal information to any third party except on a case-to-case basis after proper verification of such third party or if required under any applicable law.
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Contact Us
If you have any questions concerning the Kay Beauty, reach out to the Contact Us section of our website.
Kay Beauty – UK Website Terms and Conditions
Article 1 – Company information
Kay Beauty (“Kay Beauty”, alternatively, “Company”) is a company having its principal place of business in India. It is owned and operated by Nykaa (as defined below). Kay Beauty is a company incorporated and registered under the provisions of the Companies Act, 2013 having its registered office at 104, Vasan Udyog Bhavan, Sun Mill Compound, Lower Parel, Mumbai 400 013. Its company number is U24290MH2018PTC311880.
Nykaa E-Retail Limited (“Nykaa”) having its principal place of business in India, is a company incorporated and registered under the provisions of the Companies Act, 2013 and having its registered office 104, Vasan Udyog Bhavan, Sun Mill Compound, Lower Parel, Mumbai 400 013. Its company number is U74999MH2017PLC291558.
Kay Beauty is engaged in the business of facilitating selling, marketing, and retailing through the beauty/cosmetics (“Business”) through this website developed and owned by Nykaa and its affiliates or offline stores / events to conduct its Business.
Space NK is a company having its place of business in the UK. It is a company incorporated in England and Wales with company registration number 2773985, VAT number 606138363 , having its registered office at 5th Floor, Shropshire House, 11-20 Capper Street, London, WC1E 6JA, United Kingdom.
Space NK is the Company’s authorized e-commerce partner (“Authorized E-Commerce Partner”).
This website is purely for informational purposes only.
For the purposes of these Terms and Conditions, “User” means any individual accessing or browsing this Website.
This Website does not provide any direct checkout, order, or payment functionality. All purchase transactions in the United Kingdom are exclusively processed by Space NK (the Authorized E-Commerce Partner) on its own website, and subject solely to its own Terms and Conditions of Sale.
Article 2 - Scope of application of the Terms and Conditions
These are the general terms and conditions (hereafter the “Terms and Conditions”) which apply to use of the Company’s website for viewing of products carrying the Company's trademarks (hereafter the “Products”). The Products are offered for viewing on the website www.kaybeauty.com (hereinafter the "Website").
The Company does not directly carry out sales, ordering, delivery and /or return of its Products. The Company does not undertake any obligation or bear any responsibility or risk for the delivery of Products.
The Company, only through its Authorized E-commerce Partner in the UK, is able to offer its Products. Please look at the Terms and Conditions of Space NK for information and terms and conditions concerning delivery and sale. All sales of Products carried out through the intermediary of the Website are subject to those corresponding website’s Terms and Conditions of Sale, which the customer expressly accepts when placing any order(s).
These Terms and Conditions may be modified or updated by the Company at any time.
Access to and use of this Website by users located in India will be redirected to the Indian version of the Website, whereas users located in the United Kingdom and other territories will be directed to this UK informational version. The Company may, in its discretion, restrict or block access to certain regional versions of the Website in order to comply with local laws, data regulations, or commercial arrangements.
Article 3 – Information concerning the Products
While taking care to ensure the maximum degree of accuracy regarding the information displayed with the Products offered for viewing on the Website, the Company accepts no liability for any non-substantial errors that may occur.
Furthermore, although every effort is made to ensure that photographs and other reproductions of the Products displayed on the Website are as accurate as possible, the Company accepts no liability for any non-essential errors or omissions.
Products are offered subject to availability with the Authorized E-commerce Partner. If an ordered product is not available, the Company is not obligated to inform the Customer.
Prices, product availability, and stock levels displayed on this Website are for informational purposes only and may not reflect real-time inventory or pricing at the Authorized E-Commerce Partner.
The UK Website displays a curated and limited selection of Kay Beauty products available through its Authorized E-Commerce Partner. Certain products or shades available in India may not be offered in the UK.
Article 4 – Ordering Products on the Website
4.1 General
The Products displayed on this Website are intended for final consumers established in the United Kingdom (for domestic and private personal use only).
The customer undertakes to ensure that all the information communicated to the Company and/or the Company’s Authorized E-commerce Partner via the Website in the context of his/her order is compliant with these Terms and Conditions, is accurate and up to date.
The Company will not be responsible for any consequences resulting from inaccurate information provided by the customer.
It is expressly agreed between the Company and the customer that the Company may retain any customer e-mails or other information provided by Customer.
The Company may receive and/or share information in relation to the customer’s purchases from the Company and/or the Authorized Ecommerce Partner.
The Products displayed on the Website to end consumers for their personal use only.
4.2 Steps to place an order
Once the customer identifies a Product, after clicking on the “Buy now” button they are redirected to the Authorized E-commerce Partner’s website. The customer thereon purchases the Products via the Authorized E-Commerce Partner. The sale of that Product is governed by the Terms and Conditions as displayed on the Authorized E-commerce Partner’s website.
No personal data, billing details, or card information is collected or stored by the Company when a user clicks the “Buy Now” button or visits the Authorized E-Commerce Partner’s site. Any information submitted thereafter is governed solely by the privacy and data policies of Space NK.
Article 5 – Price of the Products
The prices displayed on the Website are given in GBP (£).
The prices of the Products are those in effect on the date of placing the order.
As this Website is for informational purposes only, such prices are indicative and may differ from the final prices displayed by the Authorized E-Commerce Partner at the time of checkout.
Article 6 – Payment
The customer's purchases must be paid with a credit or debit card as available on the Authorized E-commerce Partner’s website.
The Company does not process, store, or have access to any payment or card details. All financial transactions occur exclusively on the Authorized E-Commerce Partner’s secure platform.
Article 7 – Intellectual property rights
The Company’s products and trademarks whether figurative or not, and, in general, any other trademarks, illustrations, images, designs, models and logos displayed on the Website, are and will remain the exclusive property of the Company. Any contents published on the Website are protected by copyrights.
Nothing herein shall be construed as granting customer any right, title or interest in the trademarks, copyrights, products, distinctive signs of the Company, and any intellectual property rights attached to thereto.
The customer undertakes not to download, disseminate, reproduce or modify the Website, either in whole or in part, in any form whatsoever.
The customer undertakes, more generally, to read and comply with the Terms and Conditions of Use of the Website, accessible by clicking on the following link.
You may link to the Website homepage in a fair and lawful manner, provided such linking does not damage the reputation of the Company or suggest any form of association or endorsement where none exists.
Article 8 – Website Use and Prohibited Conduct
Users may only use this Website for lawful purposes and in accordance with these Terms. Users agree not to:
- Use the Website in any manner that could disable, overburden, or impair the Website or interfere with any other party’s use;
- Attempt to gain unauthorized access to any part of the Website, the server on which it is stored, or any server, computer, or database connected to the Website;
- Use the Website for any commercial purpose other than to learn about the Company’s products;
- Introduce viruses, trojans, worms, or other material that is malicious or technologically harmful.
The Company reserves the right to suspend access for any user found misusing the Website.
Article 9 – Personal Data
The Company does not collect any of the following personal data: customer's name, e-mail address, telephone number, the address of the customer's usual place of residence, the delivery address, and payment card information. Any personal data collected by the Company is governed by the Company’s Privacy Policy.
The personal data collected is limited to such data strictly necessary such as IP addresses to register the customer on the Website. This data may be used by the Company for analytics and improving user experience. For clarity, for the UK informational version of this Website, the Company does not collect any personal data except:
(i) IP addresses for geographic redirection and
(ii) data obtained via cookies subject to user consent.
No user registration or newsletter data is collected. Users may manage cookie preferences via the banner or footer link. Please refer to our UK-specific Privacy Policy and Cookie Policy available here for full details on data handling in the United Kingdom.
Article 10 – Cookies
This Website uses cookies and similar technologies to improve user experience and measure website performance. Users may manage cookie preferences at any time using the cookie banner or the “Manage Preferences” link in the Website footer. For details, please review our UK Cookie Policy.
Article 11 – Limitation of Liability
The Company will not be liable for damage resulting from customer’s purchase of the Products unless such damage is directly attributable to the Company’s negligence or willful misconduct.
The Products are sold to end-consumers by the Authorized E-commerce Partner. The Company expressly prohibits purchase for business or re-sale purposes. the Company will not be responsible for any loss of profits or business in relation with any resale activity carried out by customers.
The Company will not be responsible for any indirect damages resulting from the use of the Products by customer or any third party. The loss or impossibility to use Products due to events beyond the Company’s control will not give rise to any claim for reimbursement or indemnification by the Company.
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL OUR COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES. IN NO EVENT SHALL THE COMPANY’S LIABILITY EXCEED THE TOTAL AMOUNT PAID TO THE COMPANY BY YOU.
The Website, content provided through the Website, and all technology, software, materials, data, or images provided or used by or on our behalf or Company's licensors in connection with the Website are provided “as is” and on an “as available” basis. Except as expressly set forth herein, Company makes no other representation or warranty of any kind, whether express, implied, statutory, or otherwise with respect to the offerings on the Website. Except to the extent prohibited by applicable law, Company disclaims all implied warranties, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, and quiet enjoyment, and any warranties arising out of any course of dealing, performance, or trade usage. Company will not be held responsible for (i) any errors, inaccuracies, or service interruptions, including power outages or system failures; or (ii) any unauthorised access to, use of, or alteration of, or deletion, destruction, damage, or loss of, any data, images, text, or other information or content. Company may discontinue any aspect of the Website, or may change the nature, features, functions, scope, or operation of the Website at any time.
As the Website is informational in nature and no direct transactions are processed through it, the Company’s liability is limited strictly to the accuracy and availability of the information displayed. Any disputes, refunds, or claims arising from purchases made through Space NK must be directed to Space NK in accordance with its Terms of Sale.
Article 12 – External Links
The Website may contain links to third-party websites. These links are provided for convenience only. The Company does not control and is not responsible for the content, privacy policies, or practices of any third-party websites, including the Authorized E-Commerce Partner. Accessing such websites is at the user’s own risk.
Article 13 - Information Voluntarily Provided by Users (Emails and Enquiries)
If the User chooses to contact the Company using the email address provided on the Company’s Website (including for product enquiries, support requests, or general correspondence), the Company may receive personal data that the User voluntarily includes in his message, such as his name, contact details, financial information, or any other information the User chooses to provide. Such communications are routed to and processed by the Company’s support team located in India, operated by Nykaa KK Beauty Pvt. Ltd., which acts as the data controller for these enquiries.
By submitting an email enquiry, the User acknowledges that his personal data may be transferred outside the United Kingdom, including to India, for the purposes of responding to his query, providing support, maintaining internal records, or addressing grievances. Where such transfers occur, the Company takes appropriate measures to ensure that the User’s data is handled securely and in accordance with UK GDPR requirements.
If the User has any concerns, complaints, or requests relating to the handling of personal data submitted via email, he may contact the Company at internationalsupport@kaybeauty.com, and the Company will address his grievance in accordance with the Company’s internal redressal procedures.
Article 14 - Miscellaneous
The Company shall not be liable to any customer for any delay or failure to perform any obligation hereunder if the delay or failure is due to events that are beyond the Company's control including, but not limited to, strike, blockade, war, act of terrorism, riot, pandemic, imposition of trade restrictions, natural disaster or refusal of a license by a government agency.
The Company will inform the customer of any such event by providing notice no later than at the latest thirty days of its occurrence. If the corresponding suspension of the Company's performance of its obligations continues for more than thirty (30) days, the customer or Company, by providing notice to the other, may cancel any order(s) affected by such a delay. In the case of such cancellation, the customer will be reimbursed by the Company as soon as possible by crediting the debit/credit card used for the relevant purchase.
Should any of the provisions of these Terms and Conditions come to be declared wholly or partially null and void, the other provisions and all the other rights and obligations resulting therefrom will remain unchanged and will continue to be applicable.
Users acknowledge that the Website may from time to time be unavailable due to maintenance, upgrades, or technical issues, and the Company shall bear no liability for temporary interruptions or errors in display.
For any questions or concerns regarding the Website, please contact Kay Beauty at internationalsupport@kaybeauty.com or our UK customer support representative at customerservices@spacenk.com or by post to:
Head of Customer Experience
Space NK Limited, 5th Floor, Shropshire House
11 – 30 Capper Street, London
WC1E 6JA, United Kingdom
Article 15 – Competent jurisdiction - Applicable law
The Terms and Conditions are submitted to English Law. In case of any dispute between the Company and the customer, where the dispute is not resolved amicably, such dispute shall be submitted to the competent courts of England and Wales.
The customer has also the possibility to bring the matter before an independent dispute resolution body. If you are based in the EU, Norway, Iceland, or Liechtenstein, you may file a complaint on the following website, in order to seek online dispute resolution: ec.europa.eu/consumers/odr.