Terms and Conditions

The website is operated by Red Cactus Trading (SMLLC) trading as Red Cactus, a limited liability company under the Commercial registration No. 1010746771 issued in Riyadh on 28/02/1443H whose registered address is at 2663, Am Imam Saud bin Abdulaziz Bin Muhammad Branch Road, Al Mohammadiyah District, 7893 (“Red Cactus”, “us”,” we”,” our”) (the “Website”).

The Website is provided to you for your personal use subject to these terms and conditions and any other rules posted on the Website (including our Privacy Policy) (the “Terms and Conditions”).

Please read these Terms of Use (these "Terms") carefully as they govern your use of (which includes access to) Red Cactus’ services, including all of our websites and software applications that incorporate or link to these Terms (collectively, the “Services”) and any music, videos, podcasts, blog posts, or other material that is made available through the Services (the “Content”).

By accessing, signing up for or otherwise using the Services, you agree to be bound by these Terms, our Privacy Policy, our Cookies Policy and our Community Guidelines. If you do not agree to these Terms, then you must not use the Services or access any Content.

We offer a wide range of Services, and sometimes additional terms may apply. When you use a Service (for example sale, gift cards or our application for mobile), you will also be subject to the terms, guidelines and conditions applicable to that specific Service ("Service-Specific Terms"). If these Terms are inconsistent with the Service-Specific Terms, those Service-Specific Terms will prevail.

By purchasing products from our Website, you are entering a sale agreement with Red Cactus under these Terms which apply to the sale of all products supplied by Red Cactus.

Age and eligibility requirements

By using the Services, you affirm that you are at least 18 years of age or, if you are not, that you are 13 years or older and have obtained parental or legal guardian consent to enter into these Terms.

Intellectual Property

Red Cactus is the exclusive licensee of the [https://www.astaeribeauty.com] domain names.

The Content provided on the Services, including copyright, trademarks, trade names, designs, the “look and feel” of the Website, other intellectual property and material, rights on and relating to the Website including software and all HTML and other contents of the Website, including but not limited to computer code, images, texts, illustrations, formats, logos, designs, icons, programs, sounds, music clips or downloads and video clips are owned by or licensed to Red Cactus through third parties.

It is protected by copyright, trademark and other intellectual property rights as applicable and provided solely for your own personal use. Republication or redistribution of the content is prohibited.

Subject to your compliance with these Terms (including any other applicable terms and conditions), we grant to you limited, non-exclusive, revocable permission to make personal, non-commercial use of the Service and the Content (collectively, "Access"). This Access shall remain in effect unless and until terminated by you or Red Cactus. You agree that you will not redistribute or transfer the Service or the Content.

Our software applications and the Content are licensed, not sold or transferred to you, and Red Cactus and its licensors retain ownership of all copies of our software applications and Content even after installation on your devices.

Except as expressly provided in these Terms and Conditions, you may not (i) modify or alter the Content in any way, (ii) provide or make available the Content to any third party for publication or distribution or for any commercial use. You will not acquire any copyright, trademark, or other proprietary rights whatsoever in the Content. The Content may only be used as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance of the Content is strictly prohibited.

Red Cactus may provide content of third parties (“Third Party Content”) or links to third party websites (“Third Party Sites”) as a service to those interested in this information. Red Cactus does not monitor, approve or have any control over any Third Party Content or the Third Party Sites and the inclusion of links to Third Party Content or Third Party Sites does not imply any association or relationship between Red Cactus and such third party.

Any uses of Third Party Sites by you is at your own risk.

Red Cactus does not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content or any Third Party Site and is not responsible for updating or reviewing Third Party Content or Third Party Sites which you will be using at your own risk.

Taking into consideration the above, Red Cactus will not be held liable for any reason whatsoever in respect of Third Party Content and/or Third Party Sites including without limitation for the provision of external sources, their content (which do not necessarily reflect the views of Red Cactus), commercial advertising, products, services or any other information or data available on the Website or form such external sources.

Red Cactus allows you to post content, including photos, comments, links and other materials. Anything that you post or otherwise make available on our Services is referred to as "User Content". You retain all rights in, and are solely responsible for, the User Content you post to our Services.

You warrant that, with respect to any User Content you post on our Services, (1) you own or have the right to post such User Content; and (2) such User Content, or its use by Red Cactus pursuant to the license granted below, does not: (i) violate these Terms, including the Community Guidelines, applicable law, or the intellectual property or other rights of any third party; or (ii) imply any affiliation with or endorsement of you or your User Content by Red Cactus or other individual or entity without the prior express written consent from Red Cactus or such individual or entity.

You expressly warrant that User Content you post on our Services is not in violation any of the provisions of the Anti-Cybercrime Law. There will be no liability on Red Cactus as a result of your violation of the applicable regulations, and we retain our right to take what we deem appropriate action, at our sole discretion, against any user that violates the provisions of the Anti-Cybercrime Law, including informing the relevant authorities.

You hereby grant to Red Cactus a non-exclusive, transferable, sub-licensable, royalty-free, fully paid, irrevocable, worldwide license to reproduce, make available, perform and display, translate, modify, create derivative works from, distribute, and otherwise use any such User Content through any medium, whether alone or in combination with other Content or materials, in any manner and by any means, method or technology, whether now known or hereafter created, in connection with the Service. Where applicable and to the extent permitted under applicable law, you also agree to waive, and not to enforce, any "moral rights" or equivalent rights, such as your right to be identified as the author of any User Content.

We value hearing from our users, and are always interested in learning about ways we can make our Services better. If you choose to provide ideas, suggestions, or other feedback in connection with your use of a Service or any Content ("Feedback"), such Feedback is not confidential and may be used by Red Cactus without restriction and without compensation to you.

Registration and usage of the website

You may need to create an account to use all or part of the Services. Your username and password are for your personal use only and should be kept confidential. You understand that you are responsible for all use (including any unauthorized use) of your username and password. Notify our Customer Service team immediately if your username or password is lost or stolen, or if you believe there has been unauthorized access to your account. Red Cactus shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with these provisions. However, you may be liable for our losses or others due to such unauthorized use.

Red Cactus may reclaim, or require you to change, your username for any reason.

Should you register or subscribe for any such Services or related features, you agree to provide complete, accurate and current information about yourself, and to promptly update such information if there are any changes.

We may change our registration or subscription requirements from time to time at our sole discretion and we advise you to check them periodically. Your continued use of the Website after any change occurs constitutes your acceptance of the changes.

We've established guidelines for using our Services, to make sure they stay enjoyable and safe for everyone ("Community Guidelines"). In using the Services, you must comply with the Community Guidelines, as well as all applicable laws, rules, and regulations, and respect the intellectual property, privacy, and other rights of third parties.

Please refer to our Privacy Policy [https://asteribeauty.com/en-SA/s/privacy-policy] for information about how we use your data.

Under no circumstances do we endorse any opinions expressed via the Website, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of Other Content or endorse any opinions expressed via the Website that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will we be liable in any way for any of Your Personal Information or Other Content, including, but not limited to, any errors or omissions in Your Personal Information or Other Content, or any loss or damage of any kind incurred as a result of the use of Your Personal Information or Other Content posted, emailed, transmitted or otherwise made available via the Website or published elsewhere.

You may not:

allow anyone to access or use your account, including for your own personal economic gain or personal commercial benefit;
republish, redistribute or re-transmit our Website or Services for any reason, including for your own personal economic gain or personal commercial benefit;
redistribute or resell any Services to any other person or entity for any reason, including for your own personal economic gain or personal commercial benefit;
use our Website Services in any manner that defrauds anyone, including by using a method of payment you are not authorized to use such as credit card you are not authorized to use or otherwise not validly issued to you;
copy, resell or resupply, reverse engineer, de-compile or create derivative works of any part of our Website or Services, or any part of the software that makes up our Website or Services regardless of how you obtained access to such software;
use our Website or Services in any way that may damage our brand reputation or trustworthiness or that of any of our affiliates;
violate any applicable law or regulation through your use of our Website or Services;
copy or store our Website or Services other than for your own non-commercial, personal use (as may occur incidentally in the normal course of use by your browser or mobile device);
copy or store our Website or Services on a server or other storage device connected to a network or create a database by systematically downloading and storing any data from our Website or Services;
remove or change any content of the Website or Services or attempt to circumvent any security measure or interfere with the proper working of the Website or Services or any servers on which they are hosted; or
otherwise do anything with our Services not expressly permitted by these Terms.
If you have any complaints, please contact our Customer Service from here, or 920022584

Service limitations and modifications

We use reasonable efforts to keep our Services operational and to provide you with a great user experience. However, our service offerings and their availability may change from time to time, without liability to you. For example:

Services may experience temporary interruptions due to technical difficulties, maintenance or testing, or updates, including those required to reflect changes in relevant laws and regulatory requirements.

We aim to evolve and improve our Services constantly, and we may modify, suspend, or stop (permanently or temporarily) providing all of part of a Service (including particular functions, features, subscription plans, and promotional offerings).

While we try to accurately display the colors and to provide an accurate description and/or shape of products, the actual colors and/or shape you see will depend on your monitor and may not be accurate.

Red Cactus has no obligation to provide any specific Content through our Services, and Red Cactus or the applicable owners may remove particular products, images, songs videos, podcasts, and other Content without notice.

Red Cactus has no liability to you, nor any obligation to provide a refund to you, in connection with internet or other service outages or failures that are caused by the actions of government authorities, other third parties, or events beyond our control.

We do not warrant that the Services will be provided error, viruses (or other harmful components) and defaults free, which we cannot take responsibility for if they lead to damage of property. The afore-mentioned errors and defaults may lead to the temporary downtimes, therefore adversely affecting your experience by conditions outside of our control.

DISCLAIMER: Our Services are provided by on an “as is” and “as available” basis. We make no representations or warranties of any kind, express or implied, as to the operation of our Services or the information, content, materials, or products included on our Services. To the full extent permissible by applicable law, Red Cactus disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, satisfactory quality, reasonable care and skill or non-infringement. Without limiting the foregoing, Red Cactus disclaims any and all warranties, express or implied, for any merchandise offered on our Services. This disclaimer does not apply to any product warranty offered by the manufacturer of the product.

Disputes

These Terms will continue to apply to you until terminated by either you or Red Cactus. Red Cactus may terminate these Terms (including any additional terms and conditions incorporated herein) or suspend your access to the Service at any time if we believe you have breached any of these Terms, if we stop providing the Service or any material component thereof, or as we believe necessary to comply with applicable law.

If you or Red Cactus terminate these Terms, or if Red Cactus suspends your access to the Service, you agree that Red Cactus shall have no liability or responsibility to you, and (except as expressly provided in these Terms).

You may terminate these Terms at any time, in which case you may not continue accessing or using the Services.

You agree to indemnify and hold Red Cactus harmless from and against all damages, losses, and expenses of any kind (including attorney fees and costs) arising out of or related to: (1) your breach of any of these Terms (including any additional Red Cactus terms and conditions incorporated herein); (2) any User Content you post or otherwise contribute; (3) any activity in which you engage on or through a Service; and (4) your violation of any law or the rights of a third party.

Such right and indemnification will survive your use of the Website.

Nothing in these Terms and Conditions is intended to affect your rights as a consumer under the laws of the Kingdom of Saudi Arabia or abroad as applicable.

We will not be held responsible for any delay or failure to comply with our obligations under these Terms if the delay or failure arises from any cause which is beyond our reasonable control.

Your use of the Website or any of the Services or products available thereon is at your own risk, and unless otherwise stated in these Terms and Conditions, you assume full responsibility and risk of loss resulting from your use of the Website or any of the Services or products available thereon.

In no event, whether in contract, tort, contract, strict liability or otherwise, shall we or any of our affiliates, employees, directors, officers be liable to you or any other person for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use of or inability to use the Website, including, without limitation, damages for loss of profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or device failure or malfunction, even if an authorized representative of Red Cactus has been advised of or should have known of the possibility of such damages. Subject to the foregoing, under no circumstances will we be liable for any damages in excess of the amount paid by you towards the price of product(s) in respect to which the claim arose and you hereby release us from any and all obligations, liabilities and claims in excess of this limitation.

These Terms and Conditions are governed by the laws of the Kingdom of Saudi Arabia and all disputes arising hereunder are subject to the exclusive jurisdiction of the Saudi Courts.

General Provisions

We may make changes to these Terms (including any additional Red Cactus terms and conditions incorporated by reference herein) from time to time by notifying you of such changes by any reasonable means, including by posting the revised Terms on the applicable Service (provided that, for material changes, we will seek to supplement such notice by email, an in-service pop-up message or other prominent notice within the Service, or other means).

Any such changes will not apply to any dispute between you and us arising prior to the date on which the Terms were changed. Your use of the Services following any changes to these Terms will constitute your acceptance of such changes. If you do not wish to continue using the Services under the updated Terms, you may terminate your account and/or stop accessing the Services. The effective date set at the bottom of this document indicates when these Terms were last changed.

Other than as stated in this section or as explicitly agreed upon in writing between you and Red Cactus, these Terms constitute all the terms and conditions agreed upon between you and Red Cactus and supersede any prior agreements in relation to the subject matter of these Terms, whether written or oral. As noted above, other terms and conditions governing use of the Services are incorporated herein by reference, including the following terms and conditions:Privacy Policy,Cookies Policy,Community Guidelines, and any Service-Specific Terms.

Unless as otherwise stated in these Terms, should any provision of these Terms be held invalid or unenforceable for any reason or to any extent, the remaining provisions of these Terms will not be affected, and the application of that provision shall be enforced to the extent permitted by law.

Any failure by Red Cactus to enforce these Terms or any provision thereof shall not waive Red Cactus’ right to do so.

Red Cactus may assign any or all of these Terms, and may assign or delegate, in whole or in part, any of its rights or obligations under these Terms. You may not assign these Terms, in whole or in part, nor transfer or sub-license your rights under these Terms, to any third party.

Terms of Sale

The purchase of products through Website is strictly limited to parties who can lawfully enter into and form contracts on the Internet in accordance with the laws of the Kingdom of Saudi Arabia and abroad as applicable.

In order to make purchases on the Website, you must provide your personal details, including your valid (i) first and last name, (ii) mobile telephone number, (iii) email address, (iv) payment details, (v) billing address and (vi) any other requested information as indicated. You represent, guarantee and warrant that the aforementioned information you provide are valid and complete.

The Website is only available to persons who (i) meet our terms of eligibility as set out in these Terms and Conditions, (ii) hold a valid credit card by a bank acceptable to us, and (iii) have authorized us to process charge(s) on their credit card in the amount of the total purchase price for the product(s), including any taxes or delivery fee if applicable. Products purchased are for personal or gifting use only and shall not be re-sold, used for any commercial benefit. We reserve the right to restrict multiple quantities of an item being delivered to any one customer or delivery address.

By making an offer to purchase products(s), you expressly authorize us to perform credit checks and to transmit or obtain your credit card information or credit report information (including any updated information) to or from third parties to authenticate your identity, validate your credit card, obtain an initial credit card authorization and/or authorize individual purchase transactions, as we deem necessary. You agree that we may use Your Personal Information provided by you in order to conduct appropriate anti-fraud checks and such personal information may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.

You may not use any Services if you are the subject of KSA sanctions or of sanctions consistent with KSA law imposed by the governments of the country where you are using the Services. You must comply with all KSA or other export and re-export restrictions that may apply to goods, software, technology, and services. Nothing in these Terms of Sale shall, or shall be interpreted or construed to, induce or require Red Cactus or you to act in any manner (including taking or failing to take any actions in connection with a transaction) which is inconsistent with or penalized under any applicable KSA laws, regulations, rules, or requirements.

All credit/debit cards details and personally identifiable information will NOT be stored, sold, shared, rented or leased to any third parties.

- Saudi Arabia is our country of domicile

-Website will NOT deal or provide any services or products to any of OFAC (Office of Foreign Assets Control) sanctions countries in accordance with the law of Saudi Arabia

-Refunds will be done only through the Original Mode of Payment.

- Any dispute or claim arising out of or in connection with this website shall be governed and construed in accordance with the laws of Saudi Arabia.

Please refer to our Privacy Policy for information about how we use your data.

When you place an order with us, subject to your rights to cancel or return the items, you commit to buy the items described in that order, at the price indicated including any delivery fees, taxes, cash handling fees and duties where applicable.

Orders are subject to our acceptance, which we may withhold in our sole discretion including for reasons such as ineligibility, inability to confirm payment authorization, suspected fraud, shipping restrictions and stock availability.

Receipt of your order will be acknowledged by email. However the order is only confirmed when you receive a notification from us confirming dispatch of the relevant item(s). No party other than us has the authority to confirm acceptance of the order.

If, for any reason following the placement of an order we are unable to supply a particular product, we will cancel your order and inform you as quickly as possible.

Please note that you can order up to 5 units of a product.

We reserve the right to refuse or cancel an order at any time and for any reason, including inaccuracies, errors in product or pricing information, when we are unable to (i) obtain authorization for payment, (ii) when delivery restrictions apply to a particular item, (iii) when the item ordered is withdrawn, or (iv) when you do not meet the eligibility criteria set-out within these Terms and Conditions or (v) any other problem identified by us.

Unless cancelled, acceptance of your order will be perfected upon completion of the packing of your order by us. Completion of the contract between you and us will be perfected when we dispatch the products to you, at which time you will receive a second email confirming that your order has been dispatched.

We will not be liable to you or any third party by reason of (i) our withdrawing any product from the Website, whether or not that product has been sold, (ii) our removing, screening or editing any materials or content on the Website, (iii) our refusing to process a transaction or (iv) unwinding or suspending any transaction after processing has begun.

We will store a record of your transactions for a minimum of 5 years.

Gift cards are available for purchase on our Website for the amounts of max 2000 SAR

The Gift Card is a prepaid card valid indefinitely from the date of purchase. Once purchased, the Gift Card is non-refundable and cannot be redeemed or exchanged for cash. You may not purchase another Gift Card using a Gift Card. When buying the Gift Card, you cannot benefit from discounts, offers or promotions.

When using the Gift Card, the amount of the purchase will be deducted from the balance on the card. If the purchase amount is less than the value of the card, the remaining balance will remain to be used later on within the above-mentioned timeframe. If the purchase amount is above the value of the card, the exceeding amount shall be paid using the payment methods as stated within these Terms of Sale.

Any misuse by a third party will be at your own risk. Damaged, stolen or lost cards will not be replaced.

We currently accept the following forms of payment [Visa, MasterCard, Amex, Asteri Gift Card, Mada for KSA, Apple Pay ].

All credit/debit card payments are subject to validation and authorization by the issuer. We will not be held liable for any delay or non-delivery if the issuer of the credit/debit card refuses to authorize payment.

Red Cactus reserves the right to suspend or terminate the payment options available on your account and refuse any and all current or future use of the payment options available on the site (or any portion thereof) if it suspects there is fraudulent or suspicious activity.

No credit/debit cards details will be stored, sold, shared, or leased to any third party except by our online payment gateway service provider.

By clicking forward to make a payment, you acknowledge that you have read and understood these payment terms and you agree to be bound by them and any future amendments which may be made from time to time in our sole and absolute discretion.

The details on the credit card used to make the payment must match the exact ID information of the cardholder as held by the issuer. Payment will be debited and cleared from your account upon completion of the packing of your order by Sephora. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit card to use it.

We take reasonable care to make the Website secure. Rest assured that your card number will be protected using SSL (Secure Socket Layer). SSL is a security technology that encrypts your card details and provides a secure connection between Internet browsers and websites, allowing you to transmit private data online. We take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Website.

The price of the products and the delivery charges as shown on our Website in SAR or equivalent based on the prices on the day you process the transaction are inclusive of any Saudi applicable taxes Delivery charges will appear separately on your order form at the time of the check-out process.

Additional Duties or taxes may be applicable upon delivery based on the countries regulations

VAT

The prices include the Saudi value-added tax (VAT) applicable on the day of your order. Any change in the applicable VAT rate will be automatically reflected in the price of products sold by us within our Website.

Sales Tax

Asteribeauty.com charges sales tax on orders delivered to KSA, Bahrain, Kuwait, Qatar, Oman, UAE. The tax rate applied depends on your delivery destination. Tax is calculated on the merchandise total of your order, and in some locations, sales tax is payable on delivery and handling charges.

If you are a customer whose credit card is not denominated in [insert currency], the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.

We reserve the right to suspend or terminate the payment methods available in your online account and refuse any payment suspected as fraudulent or suspicious.

Delivery methods, costs and timelines are as set out below:

Saturday to Thursday 8AM to 5 PM

Delivery time depends on the chosen shipping option.

Cancellation, Exchange and Returns are not acceptable except for wrong products delivered.

For further information, please contact our Customer Service.

Community Guidelines

As part of our online offering, we may offer you the ability to provide public input on our products or otherwise, and therefore, we all have a responsibility to ensure that our this community remains inclusive, welcoming, and free of hateful speech.

These Community Guidelines supplement our Terms and Conditions, as well as our Privacy Policy.

Safety:
Illegal or dangerous content:

We do not allow illegal or dangerous content, or any content which may be deemed in violation any of the provisions of the Anti-Cybercrime Law. This includes any content which incites, threatens or glorifies violence, terrorism, exploitation, the distribution of illegal or certain regulated goods and services, and otherwise.

Hateful speech:

Bullying, harassment and discrimination of all kinds are not tolerated. This includes targeted personal attacks, intimidation, shaming, disparagement, and abusive language directed at other users, as well as any content that attacks, denigrates, intimidates, dehumanizes, incites or threatens hatred, violence, prejudicial or discriminatory action against individuals or groups because of their actual or perceived race, appearance, ethnicity, national origin, class, gender, religious affiliation, age, or disability status.

Sensitive media:

You may not post media that is excessively gory or share violent or adult content in any way, including as part of your user profile settings. Media depicting violence and/or assault of any nature is not permitted.

Spam and scams:

We do not allow irrelevant, unauthorized, gratuitously repetitively messages or other similar content. We also do not allow the usage of our services in a way which is intended to artificially amplify or suppress information or engage in behavior that manipulates or disrupts people’s experience on our online offerings. You may not facilitate scams or otherwise defraud users. You may not share malicious software that puts our users, website, or services at risk. Phishing attempts are not tolerated.

Privacy:
Private information:

You may not publish or post other people's private information (such as home phone number and address) without their express authorization and permission. We also prohibit threatening to expose private information or incentivizing others to do so.

Account compromise:

You may not use or attempt to use credentials, passwords, tokens, keys, cookies or other data to log into or otherwise access, add, delete or modify the private information or account features of any user account other than your own.

Trustworthiness:
Misleading content:

You may not share content in a way that you know is, or think may be, misleading or inaccurate, including misinformation or disinformation. You may not deceptively share synthetic or manipulated media that are likely to cause harm.

Fake profiles:

You may not impersonate individuals, groups, or organizations to mislead, confuse, or deceive others, nor use a fake identity in a manner that disrupts the experience of other users. You also may not post misleading or deceptive information about yourself, your business, your qualifications, work experience, affiliations, or achievements.