Terms and conditions of use
Use of the website
Welcome to our site www.sellma.shop (the \”Website\”). References to “we”, “us” and/or “our” throughout the Website”) is to SELLMA BEAUTY SH.P.K (“SELLMA”).
The use of the Website is governed by these terms and conditions (“Terms of Use”).
These Terms of Use should be read alongside, and are in addition to our terms and conditions of sale accessible online (“Terms of Sale”) and our Privacy Policy and Cookies Policy to understand how we collect and process your personal data.
Please read these Terms of Use carefully and print a copy for your future reference. By using the Website, you agree that you have read, understood and agree to these Terms of Use, the Privacy Policy and Cookies Policy and the Terms of Sale (each as amended from time to time). If you do not agree to these Terms of Use, you must stop using the Website immediately.
About us
Sellma Beauty SH.P.K (referred to in these Terms of Sale as “SELLMA” “we”, or “us”) is a company registered in Kosovo, whose registered number is 810840498 and whose registered address is at Pristina-Skopje Highway, 3rd km, Gracanica, Kosovo.
Should you have any questions about these Terms of Use or wish to contact us for any reason, please use the Contact Us section on the website.
Your use of the website
You agree to use the Website only for lawful purposes and in a way which does not infringe the rights of any anyone else or restrict or inhibit anyone else’s use and enjoyment of the Website.
You are permitted to download and print content from the Website solely for your own personal use. Website content, including without limitation, all information, data, products, materials, services, software applications and tools, digital avatars, design elements, text, images, photographs, illustrations, audio and video contents, LiveChat conversations, and VideoChat exchanges and artwork and graphics contained therein or otherwise made available to you in connection therewith (collectively, the “Content”), must not be copied or reproduced, used or otherwise dealt with for any other reason. You are not entitled to modify or redistribute the Content or reproduce, link, frame or deep-link it on any other website without our express written permission. You are not entitled to use the content of the Website for commercial exploitation in any circumstances. You are not entitled to make recordings of the Website or any Content.
You should only use the Website if you are aged 18 years or over.
Your account
If you choose, or you are provided with, an account, username, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. If there has been an unauthorized use of your password or account, please notify us immediately. You are responsible for keeping such information current, complete, accurate and truthful. You agree to accept responsibility for all activities that occur with your permission or authorisation under your account, username and/or password, or because you fail to maintain sufficient security over your account, username and/or password. If you are accessing and using the Website on someone else’s behalf, you represent that you have the authority to bind that person as the principal to these Terms of Use and the Terms of Sale, and to the extent you do not have such authority you agree to be bound to these Terms of Use and the Terms of Sale and to accept liability for harm caused by any wrongful use of the Website resulting from such access or use. We have the right to disable any username or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.
Ordering products
You acknowledge and agree that, in addition to these Terms of Use, the Terms of Sale apply to any transaction you make through the Website. By entering any transaction through the Website, you agree that you have read, understood and agree to our Terms of Sale (including as amended from time to time) and that you are aged 18 or over.
Intellectual Property Rights
Sellma Beauty SH.P.K is the owner or licensee of all present and future copyright, registered and unregistered trademarks, design rights, unregistered designs, database rights and all other present and future intellectual property rights and rights in the nature of intellectual property rights around the world existing in or in relation to the Website (“IPR“).
Unless you have agreed otherwise in writing with Sellma Beauty, nothing in these Terms of Use gives you a right to use any of the Content, trademarks or other IPR of Sellma Beauty. You may not assign or transfer any of the Contents and you may not grant a license to use or access the Website to any party.
You are permitted to use the Content only as expressly authorized by us.
You acknowledge and agree that the material and Content contained on this Website is made available for your personal non-commercial use only and that you may download such material and Content onto only one device for such purpose. Any other use of any material and Content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and Content.
If you print off, copy or download any part of our site in breach of these Terms of Use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. We also reserve the right to take legal action against you if we deem necessary and reserve all rights in this regard.
You are not permitted to use any of our intellectual property (including our registered or unregistered trademarks and/or copyright) without our prior written approval. This can be requested by contacting us (refer to the Contact US section for more details).
User content
Whenever you post content, such as a product review, to our Website you must comply with the provisions set out below:
You may only use this Website for lawful purposes. You must ensure that any comment or activity that you intend to post or upload to our Website or provide or make to us via this Website or any function of this Website:
Does not contravene any applicable laws or contravene any person’s legal rights (such as, by way of example only, a duty of confidence) or promote, advocate or assist any illegal activity (such as, by way of example only, copyright infringement or computer misuse);
Is not indecent or obscene, does not contain any sexually explicit material and does not promote or refer to sexual activity;
Is not abusive, offensive, hateful, threatening or inflammatory, is respectful of other people’s privacy and is not likely to harass, upset, embarrass, alarm, deceive, inconvenience or annoy anyone;
Does not promote violence;
Is not used to impersonate anyone or to misrepresent identity or affiliation with any person or organization;
Is not libelous or defamatory;
Does not promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
Does not infringe any copyright, database right or trademarks of any person;
Does not give the impression that it emanates from us (unless that is in fact the case);
Is accurate (where it contains statements); and
Only contains opinions if they are genuinely held (and which must not breach any of the other requirements as to content).
You hereby acknowledge and agree that you are solely responsible for the form, content and accuracy of any comments that you post on the Website and that you will indemnify us and keep us indemnified for any breach of this clause. This means that you will be responsible for any loss or damage we suffer as a result of anything you upload or post to our Website that does not comply with these Terms of Use. We reserve the right to remove material from the Website at any time without notice. We have the right to disclose your identity and other relevant information to law enforcement authorities as we consider necessary. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded to our Website by you constitutes a violation of their intellectual property rights or of their right to privacy. Your right to use this Website will cease immediately if you breach any of the provisions of this clause. Any content you post or upload to our Website will be considered non-confidential and non-proprietary and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose.
Limitation of liability
We exclude all representations, warranties, conditions and terms express or implied by statute, common law or otherwise to the fullest extent permitted by law. We accept no liability for any special, indirect, incidental, consequential or economic loss howsoever caused arising out of or in connection with these Terms of Use.
We provide the content on the Website in good faith but give no warranty or representation that the content is accurate, complete or up-to-date, nor that the Website does not infringe the rights of any third party. We accept no responsibility or liability for your use of content on the Website and such use is entirely at your own risk. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs on the Website, we accept no liability for them.
Information transmitted via this Website will pass over public telecommunications networks. We make no representation or warranty that the operation of this Website will be uninterrupted or error free and disclaim all liability in respect thereof.
Nothing in these Terms of Use shall limit our liability for personal injury, death or fraud.
Any material and information presented by Sellma Beauty SH.P.K on the Website or with any products sold through the Website is intended to be used for informational purposes only. Any statements and products are not intended to diagnose, treat, cure or prevent any condition or disease. All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions. Use of the Website is not meant to serve as a substitute for professional medical advice or medical resources. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Website before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. Sellma Beauty SH.P.K does not give or intend to give any answers to medical related questions and does not represent itself as a physician nor is this implied.
Third party links
This Website may contain links to other websites. We accept no responsibility or liability for any material supplied by or contained on any third party website which is linked from or to this Website.
Privacy and personal information
We will not sell, distribute or lease your personal data to third parties. However, we may share your personal data with third parties where we have your consent to do so (as per our Privacy Policy or Cookies Policy) or are required by applicable law to do so.
Termination and suspension
We reserve the right to suspend your use of the Website at any time for operational, regulatory, legal or any other reason as we deem necessary. We may terminate your use of the Website with immediate effect if you breach any of these Terms of Use.
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted.
Amendments to these terms of use
We may update or amend these Terms of Use from time to time to comply with applicable laws or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on the Website. By continuing to use the Website, you agree to be bound by the terms of these updates and amendments.
Further key terms
If any of these Terms of Use are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms of Use shall remain in full force and effect.
Only you and we shall be entitled to enforce these Terms of Use. No third party shall be entitled to enforce any of these Terms of Use, whether by virtue of the Contracts or otherwise.
These Terms of Use set out the entire agreement between you and us and supersede any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law, which relate to the use of the Website. Any delay or failure by us to exercise any right we may have under these Terms of Use shall not constitute a waiver by us of that right.
These Terms of Use are governed by Kosovo law. In the event of any matter or dispute arising out of or in connection with these Terms of Use, you and we shall submit to the exclusive jurisdiction of the Kosovo courts.
Return and Exchange Policy
Makeup products may only be returned if they are unopened, unused, and in their original packaging within a period of 14 days.
Refunds can take up to 21 working days.
If your package is visibly damaged on delivery, please tell the person delivering your products that you wish to return them due to damage.
If your goods are faulty once opened please contact us on orders@sellma.shop our via DM on our social media platforms within 24 hours of receiving your order. Our team will be more than happy to help you.
Returns exceptions
Please note:
- We are unable to take returns on products not purchased online at ww.sellma.shop. If you purchased a product at one of our authorized retailers or counters, please contact them directly.
- For all bundle or ‘build your own beauty kit’ purchases, individual components may not be returned separately.
Privacy Policy
SELLMA BEAUTY SH.P.K
PRIVACY POLICY – Kosovo, North Macedonia, albania and EEA
At Sellma Beauty SH.P.K, we are committed to protecting your personal data and respecting your privacy. It is your personal data and we respect that. This Privacy Policy tells you about how and why we collect and use the personal data which you provide to us or which we collect about you when you interact with us, for example, when you use our website or visit our stores.
In this notice, when we refer to “Sellma Beauty”, “us”, “we” or “our”, we mean Sellma Beauty SH.P.K and, where applicable, any entities owned or controlled by Sellma Beauty SH.P.K and which provide you with the www.sellma.shop website.
We want you to be fully informed about how we use your personal data, how we keep it secure and your rights in relation to that personal data. We trust this Privacy Policy will answer any questions you have about how we handle your personal data. It is likely that we will need to update this Privacy Policy from time to time by updating this page. We will notify you of any significant changes, but would encourage you to come back and review it from time to time.
Ensuring the lawful use of your personal data
We will only use your personal data where we have a lawful basis to use it. In particular, we will use your personal data in the following circumstances:
- We will use your personal data where it is necessary for us to perform our contract with you (for example, to fulfill your order).
- We may also use your personal data to pursue our legitimate interests (or those of a third party) in a way which might reasonably be expected as part of running our business and which does not materially impact your interests, rights or freedoms. For example, we might use your purchase history to send you personalized offers or use your shopping history to identify trends and ensure we can keep up with demand and develop the right new products for our customers.
- We may sometimes need to use personal data to comply with our legal obligations (for example to pass on details related to fraud).
What personal data do we collect from you and how do we use it?
The personal data we collect about you and how we will use it, depends on how you interact with us, for example, if you place an order on our Website, contact us with a query by email or via social media or make a purchase. We only collect and use ‘special category data’ where you have provided us with your consent for us to do so. We will collect your contact details, such as your email address, mobile phone number, telephone number and billing/delivery address. To fulfill your order, for example, by delivering your products to you or to contact you about your order where necessary. We may also share this information with third party delivery and courier services such as shipping companies we work with, to enable us to fulfill your order.
We may also use your data to send you sms/DM messages and/or email newsletters to keep you up to date about our products and services which we think will interest you and our latest offers, and where you opt to participate in our loyalty and VIP programmes if and when we organize them.
To communicate with you in relation to your order, or if you raise an enquiry or complaint with us.
To contact you to inform you when a product you want to order is back in stock.
For data analysis, testing, research and statistical statistics to help us to improve our products and services.
To identify behavioral flows from emails we send to you, so that we are able to monitor and analyze the effectiveness of those emails.
Additional information you choose to provide us, including your birthday, physical characteristics including hair color, eye color, make-up tone and skin tone and beauty preferences. We may collect this information in different ways, including via virtual or in-person consultations you have with us.
Photographs, videos and video stills of you, where you choose to provide them to us and for which you give consent. For use on the www.sellma.shop Website, social media channels (such as Facebook, Instagram,TikTok etc) and other channels owned by Sellma Beauty SH.P.K and promotional materials for marketing purposes and for product recommendations.
You don’t have to give us any of the personal data set out above but, if you don’t provide us with certain information, we may not be able to provide you with the goods and services you have requested from us. The forms you fill in on our Websites, if such forms are available, will make it clear what information we need in order to provide the product or service you are requesting and what information you can choose to provide if you wish.
To help us form a better, overall understanding of you as a customer, we combine your personal data gathered across Sellma Beauty, for example, your shopping history.
Automated decision making and profiling
When we send or display personalized communications or content, we may use a technique known as “profiling”. This means any form of automated processing of personal data to evaluate certain aspects about an individual, in particular to analyze or predict aspects concerning their personal preferences, interests, economic situation, reliability, behavior, location, or movements. This means that we may collect personal data about you in the different scenarios described in the table above, and use that data to analyze, evaluate, or predict your personal preferences, interests, behavior and/or location. In some cases we might also use personal data, including digitally created profiles, to make decisions by automated means.
For example, we may use automated processing to create a list of customers that are eligible for a loyalty programme, based on their purchases and amounts they have spent, or to identify the types of advertising or marketing you might be interested in. We ensure that we have a legal basis to process your personal data when we carry out profiling activities and/or automated decision-making, as set out in the table above.
You may in some circumstances have the right to request that we don’t use your personal data in this way. Please see the “Your Rights” section of this privacy policy below.
Sharing your personal data with trusted third parties
We share your personal data with trusted third parties to allow us to provide our services to you. When we do share your personal data with these third parties we only provide the information they need to perform the service. We have written contracts in place with them to ensure they only use your personal data for the purpose we specify to them and that your privacy is secure and respected. These trusted third parties include the following:
Description examples
Companies that help us fulfill your orders and, where required, get your purchases to you, such as delivery couriers and payment providers.
Professional service providers such as website hosting providers, system providers, website and social media analytics providers, advertisers and appointment booking providers, who help us run our business.
Direct marketing companies who help us manage our electronic communications with you and social media or web platforms to show you products that might interest you while you’re browsing the internet.
Credit reference agencies, law enforcement and fraud prevention agencies, so that we can help tackle fraud.
We may also share your personal data in connection with a business transition (such as a merger, acquisition by another company, or a sale of all of or portion of our assets). In these circumstances, we may need to share your personal data with a prospective buyer and external professional advisors such as accountants, insurers, lawyers or financial institutions.
We may be required to share your personal data with the police, administrative authorities (such as national tax authorities) or other enforcement, regulatory or Government bodies, where we are legally obliged to do so.
We will only share your personal data with third parties for them to use for their own direct marketing purposes when you have given your express opt-in consent for us to do so.
Seeing advertisement for our website online
We may collaborate with third parties to provide us with analytics services and serve Sellma ads and banners when you are browsing on apps and other websites. We do this by way of various ad exchanges and digital marketing networks. We and our advertising partners use various advertising technologies, for instance, ad tag, cookies, pixels, identifiers and web beacons. This information may be used by Sellma Beauty SH.P.K, among other things, to analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests on our Websites and other websites, and better understand your online activity.
The ads and banners you see are based on information that we hold about you, or on your prior use of our Websites, for example, products you have browsed previously, content you have read on our Websites, or on Sellma banners or ads that you have engaged with in the past.
We may also work with and use services offered by other third parties to serve ads to you as part of a customized campaign on third-party sites and platforms (such as Facebook, Instagram, Google Ads etc). As part of these ad campaigns, we or the third parties may convert information about you, such as your email address and phone number, into a unique value that can be matched with a user account on these platforms to allow us to learn about your interests and to serve you advertising that is customized to your interests. For more information about this advertising, or to opt out of seeing these types of customized ads, please visit these third-party sites and platforms, which may offer you choices about this type of customized advertising.
For more information about interest-based ads, or to opt out of having your web browsing activity used for behavioral advertising purposes, please visit our Cookies Policy and use our cookie management tool to manage your preferences.
How long will we keep your personal data?
We will only keep your personal data for as long as we need to for the reason we collected it, as set out in this Privacy Policy. For example, for as long as needed to allow us to fulfill your order or to provide any customer services support you have requested.
We may also keep hold of some of your personal data if we are required to do so for legal purposes, for example, to meet our legal or regulatory requirements or to prevent fraud and abuse, or for tax and accounting purposes. For example, we will keep your order data for five years after you place an order with us to allow us to comply with our legal obligations.
When we are no longer required to keep your personal data, your data will either be deleted or completely anonymised. For example, by aggregation with other data so that it can be used in a non-identifiable way for business planning and analysis purposes.
Details of retention periods for different aspects of your personal data are available in our retention policy which you can request from us by contacting us using the details at the end of this Privacy Policy.
Security
We are committed to ensuring that your personal data is secure and we have put in place suitable physical, electronic, contractual and managerial procedures, including our Information Security Management System and Secure Sockets Layer (SSL) encryption, to protect your personal data. Our employees who have access to and process your personal data are obliged to respect the confidentiality and security of your personal data.
Third party links
Our Website may contain links to other websites of interest that are not run by us but by third parties. However, we do not have any control over these third party websites and they will be governed by their own privacy policies and terms and conditions, not this Privacy Policy. You should review the privacy notices and terms and conditions of any other websites that you use.
Your rights
You have the following rights in relation to the personal data we hold about you: • The right to insist that companies who hold your personal data are fair and transparent about how and the manner in which they process and use your personal data. This is why we provide you with this Privacy Policy.
- The right to access the personal data we hold about you (commonly known as a “data subject access request”) including obtaining a copy of it. There are some exemptions, which means you may not always receive all the information we process, for example if the records contain personal data of other individuals.
- The correction of the personal data that we hold about you if it is incomplete or inaccurate (although if you hold an account with us, you may be able to do this in certain cases yourself by visiting the Account Information page on the Charlotte Tilbury website).
- The deletion or removal of personal data we hold about you where there is no good reason for us continuing to process it. If you have successfully exercised your right to object to us processing your personal data or if we have processed your personal data unlawfully or we are required to stop processing your personal data as a matter of local law, then you can ask us to delete your personal data.
- For our processing of your personal data to be restricted if: (i) you want to make sure the personal data is accurate; (ii) where our use of the personal data is unlawful but you don’t want us to erase it; (iii) where you need us to hold the personal data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (iv) you have objected to our use of your personal data but we need to verify whether we have overriding legitimate grounds to use it.
- You can ask us to transfer your personal data to a third party but this right only applies to automated information you initially allowed us to process.
- The right to withdraw consent. If we process your personal data on the basis of your consent, then you can withdraw your consent and we must cease processing it in future. The withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.
We may need to ask you for specific information to help us confirm your identity before dealing with your request. This is a security measure to ensure your personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
Right to Object
Where we are processing your personal data on the basis of our legitimate interests, you can ask us to stop processing it and we must do so unless we believe we have an overriding legitimate reason to continue processing your personal data.
If you are dissatisfied with how we have handled your personal data, you have the right to make a complaint to your data protection regulator.
Children
Customers need to be over the age of 18 to create an account with us or to sign up for our newsletter or to contact us or to liaise with us. We will not knowingly collect personal data about under 18s and if you are under 18, please do not provide us with your personal data. We would ask parents to please ensure that their children that are under 18 do not provide us with any personal data without their permission. If you believe that a child who is under 18 has provided personal data to us, please Contact Us and we will seek to delete that data from our systems.
Lookalike audiences
For advertising purposes, we occasionally use information about our customers to generate a “lookalike audience” or similar audience of prospective customers through the Facebook, Google, Snapchat, Pinterest or TikTok advertising platforms. This allows us to target advertisements on their networks to potential customers who appear to have shared interests or similar demographics to our existing customers, based on the platforms’ own data. We typically do this by uploading a list of email addresses. These third parties’ policy is to irreversibly hash (encrypt) such lists prior to uploading, match the hashed data against their own customers, generate the lookalike audience, then delete the uploaded list and use it for no other purpose. We do not have access to the identity of anybody in the lookalike audience, unless they choose to click on the ads. Based on this, we believe that generating lookalike audiences poses little or no threat to the privacy of our customers. If you wish to opt out of “similar audiences” in Google, you can do so through your Ads Settings. Many of the companies that display interest-based advertising are members of the Network Advertising Initiative (“NAI”) and/or Digital Advertising Alliance (“DAA”). To learn more about interest-based advertising and how you may be able to opt-out of interest-based advertising, tracking, and/or sharing of tracking data by their members, visit their online resources at www.networkadvertising.org/choices and www.aboutads.info/choices, respectively. Other resources (not affiliated with NAI or DAA) include http://preferences-mgr.truste.com/, or for EU residents, www.youronlinechoices.eu.
Contacting us
If you have any queries, comments or requests regarding this Privacy Policy, you have a complaint or you would like to exercise any of your rights set out above, you can contact us by email at orders@sellma.shop