Free Delivery on orders over €40

Terms & Conditions

By accessing this website and /or by placing an order, you accept these terms and conditions (the “Terms and Conditions”)

in full and the documents referred to within them. If you do not agree to be bound by these Terms and Conditions, you must not use this website.

The Lucy Makeup Site is provided solely for your personal use. You may not use this website for any commercial, illegal or unauthorized purpose. Kindly note that you must be 18 years or over to use this website or purchase goods from this Site.

By using this website, you warrant and represent that you are at least 18 years of age.

The following Terms & Conditions apply to the use of the entire Site and/ or all orders placed by ‘You’ (the customer or user of this website) with Lucy Makeup (“LUCY”, “we”, “us” or “our”), for all products displayed on this website.

Please review our PRIVACY POLICY, which forms part of these Terms and Conditions and governs your visit to the Site.

While we look forward to offer all customers an unparalleled class service, please do read these Terms and Conditions carefully as they contain important information about your order and use of this website.

About Us

This website and online shop is owned and operated by Franks Stores Ltd. We are registered in Malta under company registration number C15364. Our registered address is No.4, JMA Building, Level 2, Industry Street, Qormi, Malta. Our VAT registration number is MT1149-0819.

 

Eligibility

    To be eligible to purchase goods on this Site and to lawfully enter into and form contracts on this Site under Maltese law you must: (a) be 18 years of age or older; (b) register on the Site; and (c) be the holder of a valid Paypal account or Credit Card.

     

    Product Information

      Every care has been taken to ensure that the photographic representation, description and specification of each product are accurate. However, while the reproduction of colours is a close representation, a slight variation in the actual goods may occur. We are therefore unable to guarantee that the product images you see are an accurate representation of the actual merchandise.

      LUCY attempts to be as accurate as possible in all details, descriptions, images and prices of products appearing on the Site. However, to the extent permitted by law, we do not warrant that the product descriptions, colours or other content available on the Site are accurate, complete, reliable, current or error-free. We cannot confirm the price of a product until delivery of your order.

      All items shown on this Site are subject to withdrawal at any given time.

      Especially when it comes to Skin Care related products, we always suggest that you consult with one of our Beauty Consultants (at one of our stores in Malta) before purchasing any item that might have any possible negative effect. LUCY shall not be held liable for any purchases made without prior consultation.

      You should always check the ingredients of the products to avoid any potential allergic reaction. The use of our Site is not meant to serve as a substitute for professional medical advice. LUCY does not give or intend to give any answer to medical related questions; LUCY does not represent itself as a physician nor is it implied.

       

      Customer Service

        In case of any queries, please feel free to contact us on the hereunder details:

        e-mail: 

        info@franks.com.mt (generic queries)

        phone: 00356 23882300

        Kindly note that our Customer Service Department is open Monday to Friday (excluding Public Holidays) from 08.00am till 4.30pm

         

        Placing an Order & Payment Methods

          You can place an order through this Site or via telephone by contacting Customer Service.

          Online payment can be effected via Paypal or Credit Card. After you select your products, “Check Out” with your desired payment option. Once payment is finalized and received, we will send you an email confirming your purchase. Another email will be sent to you with delivery details for your order.

          If the product is not available in stock, you will be informed by email and refunded via Paypal or Credit Card accordingly.

          Unless we have notified you that we do not accept or cancelled your order or you have cancelled your order in accordance with the ‘Cancel your Order’ section on this Site, the legally binding contract between You and Lucy shall be completed solely upon delivery of the goods.

          Processing of payment and acknowledgment of the order does not complete the contract between us.

          A VAT invoice will be sent either by email or together with your delivered items.

          If you require any information regarding your order/s, please contact Customer Service on the details provided herein.

          We may not accept your order if an item you have ordered is out of stock, we are unable to obtain authorisation for your payment, we suspect

          fraudulent activity or violation of these Terms and Conditions (including our Privacy Policy) or if we identify a product or pricing error.

          If we are unable to fulfil your order following our order acknowledgment, we will contact you by email or telephone advising you of this.

           

          Cancel your order

            LUCY reserves the right to cancel any orders up to the point of delivery for products that have been listed at an incorrect price, rebate or refund, or contain incorrect information or typographical errors or are unavailable for any reason. LUCY has this right regardless of whether the order has been confirmed or your payment processed. If your account has already been charged for the purchase and your order is cancelled, we will issue a credit to your account in the amount of the charge.

            It is not possible to cancel your order online, in the meantime, you may contact Customer Service. If it is too late and your order is already on its way, you can still return it in accordance with our Returns Policy and Procedures. Please be advised that you cannot cancel an order of unsealed products for health protection and / or hygiene reasons. 

             Please refer to the list of goods which cannot be exchanged in clause 8 below.

             

            Title to Goods

              We will retain the legal ownership of the goods until delivery of the ordered items. Legal ownership of the goods will immediately revert to us if we refund any such payment to you.

               

              Risk of loss

                Risk in the goods will pass to you upon delivery to you.

                PLEASE BE AWARE THAT THE FOLLOWING CANNOT BE RETURNED AND ARE NOT EXCHANGEABLE:

                    • Due to hygiene reasons, foundations, concealers, nail products, lip glosses, lip primers, mascara, mascara bases, liquid liners
                    • Products on special offer
                    • Seasonal Products
                    • Gift sets

                Products purchased online from our Site or via telephone order between December 1st and 24th December can be returned for a credit note until January 31st. Please ensure that items are undamaged and in their original condition, and that you are able to provide our Customer Service team with your order details or gift receipt. All other terms of LUCY Return Policy shall continue to apply.

                Our policy on refunds, returns and cancellations does not affect your statutory legal rights.

                 

                Pricing Policy

                  All prices displayed on the website are indicated in Euro and are inclusive of applicable Malta VAT rates of 18%. Delivery charges (where applicable) are not included in the indicated price but will be added to the total amount once you have selected a delivery option.

                  Prices for our products are subject to change without notice.

                  Although we try to ensure all our pricing displayed on the Site are accurate, errors may sometimes occur. If we discover an error in the price of an item

                  you have ordered, we will contact you as soon as possible. You will have the option to reconfirm your order at the correct price, failing which it will be cancelled.

                  LUCY endeavours to ensure that all goods offered on the Site are available at the same price as in our outlets. However, from time to time we may offer additional discounts for purchases online that do not apply in the Store or vice versa. Additionally, items offered as sets on the Site may not be offered as part of a set within the Store and individual prices may apply.

                  The Store may also run additional discount promotions for purchases made by any of our accepted payment methods, including during the Christmas and Sale periods. Please be advised that this may not apply to purchases made through the Site or over the telephone.

                   

                  Limited Licence to use Website

                    Unless otherwise stated, LUCY and/or its licensors own the intellectual property rights in the website and material on the website including all text, graphics, logos, button icons, images, data compilations and software used in connection with the Site. The trademarks, logos and service marks displayed on the Site are the registered and unregistered marks of LUCY. All other trademarks not owned by LUCY that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. Subject to the licence below, all these intellectual property rights are reserved.

                    We grant you a limited, revocable and non-exclusive license to access and make personal use of the Site. This limited licence does not include the right to:

                        • Republish material from this website (including republication on another website);
                        • Sell, rent or sub-license material from the website;
                        • Show any material from the website in public;
                        • Reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
                        • Edit or otherwise modify any material on the website; or
                        • Redistribute material from this website.

                     

                    Acceptable use of this website

                    You may not use the Site or its contents:

                            • For commercial purposes;
                            • For resale purposes including the systematic extraction and/or re-utilisation of any part of the contents of
                              the Site (e.g. item listings, descriptions, prices);
                            • To download (other than page caching) or modify the Site, or any portion of it;
                            • To interfere with or disrupt any network or website connected to the Site or gain unauthorised access to other computer systems;
                            • To interfere with the enjoyment or use of the Site by any other person;
                            • In any way that causes, or may cause, damage to the website;
                            • For any purpose which is unlawful, illegal, fraudulent, or harmful or in any similar purpose or activity.

                      In addition you may not, in relation to the Site, use any:

                            • Data mining, robots, or similar data gathering and extraction tools;
                            • Framing techniques to enclose the trade marks, logos and other proprietary images, text layouts and formats which we use on the Site;
                            • Meta tags or any other “hidden text” which uses our name or trademarks.
                            • Using the Site does not give you permission to link to it or to use any of -the trade marks, designs, get-up and/or logos contained within it.
                            • You must not transmit through or to the Site any defamatory, threatening, obscene, distressing, harmful or pornographic material or material which may infringe upon the rights of others (including intellectual property rights, rights of confidentiality or rights of privacy) or
                              which does not comply with all relevant laws.
                            • You must not conduct any data collection activities on or in relation to this website without LUCY’s written consent.
                            • You must not use this website to transmit or send unsolicited commercial communications.

                       

                      Third Party Links

                        This website may include links to third party web sites (“Third Party Site(s)”) from time to time. You acknowledge and agree that we will not be responsible

                        for the availability of such Third Party Sites and will not be responsible or liable for any content or services available from such Third Party Sites. You should check the privacy statements and Terms and Conditions of use of Third Party Sites accessible from this website.

                         

                        No Warranties

                          We do not represent or warrant that the material contained in the website, any of the functions of the website and the server will operate without

                          interruption or delay or will be error-free, free from defects, viruses or bugs or compatible with any other software or material. The website is provided “as is”. Accessing the website is entirely at your own risk.

                          Nothing on this website constitutes, or is meant to constitute, advice of any kind.

                           

                          Limitations of Liability

                            We do not accept liability for any direct, indirect, special or consequential loss or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contacts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

                            These limitations apply even if LUCY has been expressly advised of the potential loss.

                            Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit.

                            By using this website you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.

                             

                            Indemnity

                              You hereby indemnify LUCY and undertake to keep LUCY indemnified against any losses, damages, costs, liabilities and expenses (including without limitation to legal expenses and any amounts paid by LUCY to a third party in settlement of a claim or dispute on the advice of LUCY’s legal advisers) incurred or suffered by LUCY arising out of any breach by you of any provision of these Terms and Conditions, or arising out of any claim that you have breached any provision of these Terms and Conditions.

                               

                              Breaches of these Terms and Conditions

                                Without prejudice to LUCY other rights under these Terms and Conditions, if you breach these terms and conditions in any way, LUCY may take such action as LUCY deems appropriate to deal with such breach. If you default negligently or wilfully in any of the obligations set out in these Terms and Conditions (including our Privacy Policy), you shall be liable for all the losses and damages that this may cause to LUCY.

                                 

                                Your account details

                                  You warrant that the personal information which you are required to provide when you register as a customer is true, accurate and current in all respects. See our Privacy Policy regarding the treatment of your personal information.

                                  You are responsible for maintaining the confidentiality of your account and password and for taking all reasonable measures to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your password has become known to third parties, or is likely to be used in any way that is unauthorised by you, you should contact us immediately. If you forget your password, we will reset it upon you request and send it to the email address, which you specified upon registration.

                                  Your account can be cancelled by contacting Customer Service.

                                  We reserve the right to refuse service and/or terminate accounts, without prior notice, if you violated these Terms and Conditions, or if we decide, in our sole discretion, that it would be in LUCY’s best interest to do so.

                                   

                                  Miscellaneous

                                    We have the right to amend, change and revise the LUCY website and correct or update information (including goods information) without notice.

                                    We reserve the right to vary these terms and conditions from time to time where we consider it reasonable and necessary to do so. Our new terms will
                                    be displayed on the site and by continuing to use and access the site following such changes, you agree to be bound by any variation made by us.
                                    It is your responsibility to check these terms and conditions from time to time to verify such variations.

                                    If a provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other
                                    provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that
                                    part will be deemed to be deleted and the rest of the provision will continue in effect.

                                    Failure by us to enforce a right does not result in a waiver of such right.

                                    LUCY may transfer, subcontract, assign or otherwise deal with LUCY rights and/or obligations under these Terms and Conditions without notifying
                                    you or obtaining your consent.

                                    You may not transfer, sub-contract, assign or otherwise deal your rights and/ or obligations under these Terms and Conditions.

                                    These Terms and Conditions (including the Privacy Policy) constitute the entire agreement between you and LUCY in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

                                    These Terms and Conditions will be governed by and construed in accordance with the Laws of Malta.

                                    Any disputes relating to these Terms and Conditions shall be determined and finally settled through Arbitration. The parties agree that, in such case, any disputes shall be referred to the Malta Centre for Arbitration located in Valletta, Malta, and each dispute shall be determined in accordance with Maltese law and regulated by the procedure and Rules of Arbitration which govern arbitrations in Malta. Disputes will be settled by one arbitrator appointed in accordance with those Rules, unless the parties agree otherwise. The arbitration shall be conducted in the Maltese language. The seat of arbitration shall be Malta unless the parties otherwise agree. The decision given by the arbitral tribunal shall be final and no appeal shall lie from such a decision.

                                     

                                    Updates

                                      These Terms and Conditions were last updated on the 22nd March, 2020.