Contact us
A:
PNC Holdings Sdn Bhd
(Co. Reg No: 608443-T)
A-G-07, Menara Prima Jalan PJU 1/39, Dataran Prima 47301 Petaling Jaya, Selangor


Online and Mobile App Purchases   


  • GENERAL
    1. All items purchased via kissmineral.com (“Website”) and or via KISS mineral mobile application and its relevant software (“mobile app”) are for the sole use of the registered user or subscriber (individual or organisational) as the case may be, and are for private and domestic use only. 
    2. Customer(s) need to download the mobile app from Android play store or Apple store to make purchases and be able to participate in KISS mineral loyalty programmes.
    3. All details provided through the website and or mobile app for the purposes of purchasing items and subscribing to KISS mineral loyalty programmes are correct at the time of purchases.
    4. All communication with KISS mineral in respect of the purchase of items should be done through the site messenger or by email to customerservice@kissmineral.com.
    5. As part of the registration process, all users must define a username, provide a valid email address, mobile number and create a password.  It is the responsibility of the registered user to ensure that every effort is made to keep the registration details secure and not to disclose them to anyone. Usernames cannot be transferred and registered users must not permit, either directly or indirectly, anyone other than themselves to use their username and password for the purchase of items.
    6. It is the responsibility of the registered user to keep the username, password and contact details up-to-date.
    7. KISS mineral reserves the right to, at its sole and absolute discretion from time to time without prior notification, amend, modify, update, change and / or terminate the Loyalty Programme and / or all or any portion of the Terms and Conditions ("Amendments”, and "Amended” shall be construed accordingly); and any Amendments will be effective immediately upon posting of the same on the KISS mineral website at KISSmineral.com ("Website”) and / or the Mobile App. Each Amended version of the Terms and Conditions shall apply and supersede all previous versions including the hardcopy version (if any). In the event of any inconsistency between these Terms and Conditions and any other material in any medium containing information on the Loyalty Programme, these Terms and Conditions (as Amended) shall prevail.
    8. By signing up, you agree that it is your responsibility as a Member to keep yourself updated with the Terms and Conditions (as Amended). Any continued participation as a Member or use of the Mobile App after any Amendments to the Terms and Conditions shall constitute consent, acceptance and affirmative agreement by the Member to the Terms and Conditions as they exist from time to time, including, without limitation, the Amended Terms and Conditions. KISS mineral shall not be held liable for any loss, damage or expense accrued (regardless of whether KISS mineral receives prior notice or advice of the possibility of damage) as a result from any Amendments to the Loyalty Programme or these Terms and Conditions.
    9. We at KISS mineral value and understand the importance of your privacy. By signing up, you hereby giving your consent to the collection, usage and processing of your personal information as described in our privacy notice at KISSmineral.com ("Privacy Policy").
    10. NOTICE - KISS mineral may give notice by means of a general notice on the Website, Mobile App, electronic mail to your email address in records of KISS mineral or by registered mail to your address in the records of KISS mineral. Such notice shall be deemed to have been given:
      1. immediately upon posting on the Website and Mobile App;
      2. upon the expiration of forty-eight (48) hours after mailing or posting (if sent by registered mail); or
      3. upon the expiration of one (1) hour after sending (if sent by email).
    11. LIMITATION OF LIABILITIES
      1. KISS mineral is responsible only for obligations expressly stated in these Terms and Conditions.
      2. No advice or information, whether oral or written, obtained by you from KISS mineral or its staff, or through the Mobile App shall create any warranty on the Loyalty Programme not expressly stated by KISS mineral in these Terms and Conditions.
      3. KISS mineral shall not be liable for any losses, damages, rights, claims or cause of action, including but not limited to any damage or loss to property owned by or in your possession, injury which you may suffer, or any indirect, punitive, special or incidental damages associated or arising from these Terms and Conditions, arising from you participation or Membership in the Loyalty Programme and use of the Mobile App, whether in breach of these Terms and Conditions (including breach of warranty), tort or of whatever causes, even if KISS mineral has been advised of the possibility of such damages. KISS mineral disclaims any responsibility for the aforementioned damages notwithstanding any claim that a sole or exclusive remedy provided in these Terms and Conditions may or does fail of its essential purpose
      4. To the fullest extent permitted by law, KISS mineral shall in no event be liable for any losses, damages, rights, claims or cause of action of any kind incurred, suffered, sustained by you arising from or in connection with your participation or Membership in the Loyalty Programme and use of the Mobile App, including but not limited to:
        1. any acts, omissions, negligence or wilful default on the part of KISS mineral, and each such entities’ parent companies, subsidiaries, affiliates, related companies and their respective directors, employees, agents and representatives or any third party;
        2. any loss of data and records relating to the Loyalty Programme or Membership; and
        3. any loss of value or benefit that may arise as a result of any changes made to the Loyalty Programme.
        4. any losses or damages (whether direct, consequential, indirect or incidental) to your mobile or electronic device or any applications stored therein as a result of installation or use of the Mobile App
    12. INTELLECTUAL PROPERTY RIGHTS
      1. KISS mineral, its stores and related parties, where relevant and applicable shall at all times own all rights, title and interest (whether legal or beneficial), including all related intellectual property rights (including without limitation to trademark, patent, copyright, trade secret) in and to the Loyalty Programme, Website and Mobile App (including in particular the software and its respective components, processes and design in its entirety) and any changes, modifications, improvements and enhancements to any aspect of the Loyalty Programme, Website and Mobile App, whether or not pursuant to any suggestions, ideas, requests, feedback, recommendations or any other information provided by you or any other party relating to the Loyalty Programme, Website and / or Mobile App. These Terms and Conditions do not and does not purport to convey, transfer, assign, novate to you any rights of ownership in or related to the Loyalty Programme, Website and Mobile App or any intellectual property rights owned by KISS mineral.
      2. KISS mineral’s name, logo, the Loyalty Programme, Website and Mobile App (including but not limited to any published content, documents, information, images, graphics, logos, texts and other materials) and any product names associated with the Mobile App are trademarks and the property of KISS mineral, its licensor(s), and related parties or third parties, and no right or license is granted to you to use the same.
      3. You are allowed to browse through the contents in the Website and Mobile App; however, reproduction is prohibited under the following circumstances (but not limited to):
        1. All copyrights and other proprietary notices are removed and not visible.
        2. Information are modified without prior written consent of KISS mineral.
        3. Information are included in any publications, work, and / or any form of commercial use.
      4. Any such unauthorised reproduction, dissemination, distribution, publication, copying or modification of any of the contents in the Website and Mobile App will lead to a breach of these Terms and Conditions in which legal action may be taken.
      5. The Website and Mobile App may contain content from third parties and KISS mineral does not endorse any applications or sites on the internet that are linked through the Website and Mobile App, and in no event, shall be held responsible and liable for the legitimacy, accuracy, reliability and quality of these content and it is your obligation to take all precautions in all actions and interactions with such third party, conduct independent verification and comply with the third party’s terms of use.
    13. LAW AND JURISDICTION
      1. These Terms and Conditions are governed by and are to be construed in accordance with the laws of Malaysia and you hereby agree to submit to the exclusive jurisdiction of the Malaysian Courts for any legal action in relation to these Terms and Conditions.
      2. In the event that any of these Terms and Conditions is or becomes invalid, illegal or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of this Terms and Conditions shall not be affected or impaired thereby.
      3. Any failure or delay of KISS mineral to enforce any right or provision in these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by KISS mineral in writing.
    14. CONTACT DETAILS - If you have further inquiries or concerns regarding the Terms & Conditions, please contact us via the following email customerservice@kissmineral.com or chat with us via messenger.
  • CONDITIONS OF ORDER PROCESSING
    1. Items may be purchased using our payment gateway that has the function to accept credit / debit cards and FPX online banking services.
    2. Items ordered are processed immediately; occasionally, technical reasons may result in a delay to registered users being able to order the items. KISS mineral will make all reasonable endeavours to resolve any technical issues as soon as possible.
    3. Payments are debited by the payment gateway service provider; any delay to the registered user's access to the item for technical reasons will be dealt with as outlined in item 2b.
    4. Prices quoted on the site are inclusive of all service charges or tax excluding delivery charges and represent the price that will be charged to the registered user’s credit or debit card.
    5. The contract is formed between KISS mineral and the registered user at the point of sale and will be confirmed by email to the address supplied through the site. This confirmation email amounts to our acceptance of your order the item.
    6. Once the order is placed then the fulfilment department will take all necessary actions to fulfil the order correctly as per the confirmed purchase order generated by the system.
    7. Upon receiving confirm order details via email; the customer believes the order details has errors then it is in the responsibility of the customer to contact KISS mineral via messenger or email within the next business operating hours to amend the orders as required. Acceptance of the amendments are at the sole discretion of KISS mineral management.
    8. Whilst KISS mineral makes every effort to ensure the accuracy of prices on the site, errors may occur. KISS mineral will use their best endeavours to correct any errors as soon as possible and to notify registered users of any amendments where such amendment affects their purchase of an item. The registered user will be given the option to cancel their order or to reconfirm the purchase of the item at the amended price. KISS mineral is under no obligation to fulfil a purchase order for an item which was advertised at the incorrect price.
    9. Purchased items are non-exchangeable, non-transferable and non-refundable except where the registered user can prove that the item was wrongly described or was incorrectly supplied and it is subjected to our Refund and Exchange policies. 
    10. Any item which is found to be damaged or incomplete should be notified to KISS mineral by email to customerservice@kissmineral.com  as soon as possible but no later than 7 days after point of sale as per the Refund and Exchange policies.
  • ONLINE PROMOTIONS AND CAMPAIGNS
    1. All promotions and campaigns will adhere to special terms and conditions including the special validity periods. Once the promotions and campaigns validity expire then the promotions and campaigns will no longer be active.
    2. Only one (1) discount code or voucher or promotional campaigns can be used in a single (1) transaction at a time
    3. Discount code or voucher or promotional campaigns are not valid with bundles and already discounted items
    4. 3rd party applications will be used as a plugin to deliver the relevant promotions and campaigns; and customers must adhere to the redemption process to redeem may it be free gifts, discounted items or others.
    5. In an event, the redemption process does not work properly then the customer either refresh the cart or restart the order process or contact KISS mineral customer service either by messenger or email to amend the order as necessary.
    6. All confirm orders will be processed accordingly as per the invoice regardless of its errors; unless of prior notification by the customer to KISS mineral customer service. The rectification of the errors is at the sole discretion of KISS mineral management.

 

Mobile App Loyalty Programmes & Promotions

  • GENERAL
    1. KISS mineral Loyalty Programme ("Points”) is operated through the mobile application and its associated software (“Mobile App”). Customer(s) need to register in the app with the same mobile number as registered in the KISS mineral website, KIOSK or events & public activities.
    2. Each individual shall only be entitled to apply for ONE (1) Membership.
      1. Multiple applications by an individual are not allowed. If a Member inadvertently creates one or more duplicate account(s), KISS mineral reserves the right to either merge and consolidate the details and points earned on the duplicate account(s) of the Member into the Member's earlier account, retaining their original expiry date or forfeit such points earned on the duplicate account(s), and thereafter cancel all duplicate account(s).
      2. KISS mineral shall not be responsible for any loss of Rewards (as hereinafter defined) earned, Membership privileges and / or services due to duplicate account(s) of a Member, regardless of whether such Member has knowledge of the duplicate account(s).
    3. By utilising the Membership,
      1. you expressly represent and warrant that you are legally entitled to accept and agree to the Terms and Conditions and that you are at least eighteen (18) years old.
      2. you further represent and warrant that you have the right, authority and capacity to utilise the Membership and to abide by the Terms and Conditions.
      3. Your use of the Membership is for your own sole, personal use.
      4. You further confirm that all the information provided by you shall be true and accurate.
      5. You undertake not to authorise others to use your identity or user status, and you may not assign or otherwise transfer your Membership account to any other person or entity.
      6. When using the Membership, you agree to comply with all applicable laws.
    4. It is your responsibility to check and ensure that you have downloaded the latest version of the Mobile App for your device. KISS mineral is not liable if you do not have a compatible mobile or electronic device or you have downloaded an outdated or defunct version of the Mobile App to your mobile or electronic device. KISS mineral does not guarantee that the Mobile App will function and remain compatible at all times on any particular mobile or electronic device.
    5. Members shall have a right to terminate the Membership at any time by sending an email to KISS mineral at customerservice@kissmineral.com. Upon the membership being terminated, any unutilised rewards earned as at the date and time of the termination of the Membership shall not be refunded, is non-transferable, shall not exchangeable for cash and shall not be restored should the same individual re-sign-up as a member after termination of the Membership.
    6. By being a Member and / or using the Mobile App, you expressly agree that at all times:
      1. You will only use the Mobile App for lawful purposes;
      2. You will not use the Mobile App for sending or storing any unlawful material or for fraudulent purposes;
      3. You will not try to harm the Loyalty Programme and / or the software of the Mobile App in any way whatsoever;
      4. You will not copy or distribute the software of the Mobile App or any other content without written permission from KISS mineral;
      5. You will keep secure and confidential your account password (if any) or any identification we provide you which allows access to the Loyalty Programme;
      6. You will provide KISS mineral with proof of identity as it may reasonably request or require;
      7. You acknowledge and agree that only one (1) account can be registered on one (1) mobile or electronic device;
      8. You shall not employ any means to defraud KISS mineral or enrich yourself, through any means, whether fraudulent or otherwise, through any event, promotion or campaign launched by KISS mineral to encourage new subscription or usage of the Loyalty Programme by new or existing customers;
      9. You shall not impair or circumvent the proper operation of the network which the Loyalty Programme operates on;
      10. You agree that the Loyalty Programme and Mobile App are provided on a reasonable effort’s basis; and
      11. You agree that your use of the Loyalty Programme will be subject to KISS mineral’s Privacy Notice as may be amended from time to time.
  • POINTS COLLECTIONS
    1. Points will be awarded to any transaction made by a member at any KISS mineral outlet in Malaysia, KISS mineral Online Stores, KISS mineral Events and public events.  except the following:
      1. free gifts and any items redeemed via vouchers / coupons;
      2. any complimentary and or any discounted items obtained during promotional events; and
      3. Prizes given to winners.
    2. Every Ringgit Malaysia One (RM 1.00) spent by a member in a Transaction is equivalent to ONE (1) point (being RM 1.00 = 1 point), exclusive of any tax charged.
    3. Each Transaction receipt shall entitle only one (1) Member to accumulate points.
    4. Members shall be entitled to earn points for each Transaction receipt and based on the integer value per Transaction.
    5. Points earned from a transaction may take up to twenty-four (24) hours to be reflected in the Mobile App and redemption of points by a member shall only be allowed after twenty-four (24) hours has lapsed from the time of the Transaction from which the points were earned.
      1. In the event points earned from a Transaction are not reflected in the Mobile App after twenty-four (24) hours, the affected Member shall kindly inform KISS mineral customerservice@kissmineral.com or messenger by providing all the relevant information about any failure.
      2. KISS mineral reserves the right to correct the points balance provided in your Mobile App if we believe that a billing or accounting error has occurred regardless of whether notice is provided.
    6. Points collected shall be on a cumulative basis subject always to any points collected from a transaction must be redeemed within two (2) years from the end of the month in which the points were earned ("Expiration Date").
      1. For example, points collected on 10th November 2019 if not redeemed before 30th November 2021 will expire on 30th November 2021.
      2. Points not redeemed before Expiration Date shall be forfeited without prior notification, not reinstated and / or refundable.
    7. KISS mineral reserves the right to refuse awarding any points or to remove any points awarded if KISS mineral identifies that the points collected were in error or suspects that the points were fraudulently accumulated or in breach of these Terms & Conditions regardless of whether notice is provided.
  • REWARDS
    1. Unless expressly provided under these Terms and Conditions, each of the rewards, in particular rewards other than points, may respectively be subjected to other terms and conditions as stipulated by KISS mineral.
    2. All rewards redeem are subject to in-app availability, on a “while stocks last” basis and may be applicable to limited (and not all) KISS mineral products only.
    3. KISS mineral may, at its discretion, replace or substitute any rewards with any other rewards of similar or equivalent value without prior notice.
    4. Any Rewards earned are non-transferable, non-assignable, not for sale to any third parties and not exchangeable for cash.
    5. Any Rewards shall only be redeemed once at KISS mineral app in Malaysia only. Any unutilised Rewards after the applicable expiration date shall be forfeited, not reinstated and not refundable.
    6. Rewards redemption is not application with any promotional purchases.
    7. Members shall pay the price difference if the Transaction value is higher than the amount of Rewards used for redemption. However, in the event where the Transaction value is lower than that of the Rewards, the price difference will not be refunded.
  • SYSTEM HALT OR FAILURE
    1. KISS mineral shall not be liable for any loss or damage in the event of system halt, unavailability or non-performance of the Mobile App as a result of the following:
      1. System is down for maintenance;
      2. Fails due to circumstances beyond its reasonable control, including typhoon, earthquake, tsunami, flooding, electrical power failure, war, acts of terrorism and any other force majeure events; and
      3. Interrupted or delayed for reasons such as hacker attacks, technical adjustment or system breakdown on the part of upgrade, technical difficulties, etc to the Mobile App.
    2. KISS mineral reserves the right to terminate the Mobile App at any time due to unforeseen circumstances, applicable laws and regulations and shall not be liable for any loss or damage.
    3. The Loyalty Programme and / or the Mobile App may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications including the mobile or electronic device used by the Member being faulty, not connected, out of range, switched off or not functioning. KISS mineral shall not be held responsible for any failure of recording any points accumulation, redemption of points or other privileges, and other Mobile App usage related failures, damages or losses resulting from such problems.
  • DISCLAIMER
    1. KISS mineral MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, ACCURACY, QUALITY OR COMPLETENESS OF THE LOYALTY PROGRAMME (INCLUDING BUT NOT LIMITED TO THE REWARDS), MEMBERSHIP AND / OR THE MOBILE APP. YOU ACKNOWLEDGE AND AGREE THAT ANY RISK ARISING OUT OF YOUR USE OF THE LOYALTY PROGRAMME (INCLUDING BUT NOT LIMITED TO THE REWARDS), MEMBERSHIP AND / OR THE MOBILE APP AND THIRD PARTY SERVICES (IF ANY), REMAIN AT ALL TIMES SOLELY AND ABSOLUTELY WITH YOU AND YOU SHALL HAVE NO RECOURSE WHATSOEVER TO KISS MINERAL.
    2. THE LOYALTY PROGRAMME (INCLUDING BUT NOT LIMITED TO THE REWARDS), MEMBERSHIP AND / OR THE MOBILE APP ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY EXCLUDED AND DISCLAIMED TO THE HIGHEST AND MAXIMUM EXTENT.
  • INDEMNITY
    1. By agreeing to the Terms and Conditions upon use of the Mobile App, you agree to assume full responsibility and liability for all loss or damage suffered by yourself, KISS mineral, and each such entities’ parent companies, subsidiaries, affiliates, related companies and their respective directors, employees, agents and representatives or any third party as a result of any breach of these Terms and Conditions and you further agree that you shall defend, indemnify in full and hold KISS mineral, its subsidiaries, affiliates, related companies and their respective directors, employees, agents and representatives harmless from and against any and all losses, damages, rights, claims or cause of action of any kind arising, in whole or in part, directly or indirectly, as a result of or in connection with your:
      1. use or misuse of the Loyalty Programme and / or the Mobile App;
      2. violation or breach of any of these Terms and Conditions or any applicable law whether or not referenced herein;
      3. violation of any rights of any third party;
      4. use or misuse of the Rewards or your Membership, including any fraud or misrepresentation of the information supplied.

Delivery Timeline

Upon fulfilling the order by our back office team, the customer will be notified of their tracking reference number by email for parcel tracking purposes. Our standard delivery time as advised by the courier company is as follows:

  • Normal Delivery 
        1. West Malaysia: 1 - 6 working days (except Saturday, Sunday and Public Holidays)
        2. East Malaysia (Sabah & Sarawak): 3 - 10 working days (except Saturday, Sunday and Public Holidays)
        3. Orders received a day before a long weekend or public holiday will be processed and shipped on the following working day
        4. Orders received after 12.00pm will be processed and shipped on the following working day.
        5. Special Note for Vegan Lipstick orders
          1. Home address: For orders received on a Friday and/or during a long weekend, the orders will be processed and shipped on the following working day.
          2. Office address: For orders made after 12pm on a Wednesday, the orders will be processed and shipped on the following Monday.
          3. For office mailing addresses, kindly fill in the company name. Addresses without company name will automatically be assigned as home address and therefore will comply with the relevant shipping procedures.
          4. This procedure is implemented to reduce shipping time and to ensure any potential damage to the Lipstick is avoided due to the improper storage conditions at the courier distribution centre.
  • Express Delivery (Within 5 Hrs) 
        1. Third Party courier solutions will be used to accommodate express delivery to deliver within selected areas within the Klang Valley only i.e Kuala Lumpur, Batu Caves, Selayang, Ampang, Petaling Jaya, Puchong, Shah Alam, Setia Alam, Kota Kemuning and Sugai Buloh. 
        2. This service is subject to the courier companies’ terms and conditions that can be found in their website. KISS mineral is not liable in any manner or form for the service level quality provided by these courier companies. But KISS mineral will support in resolving disputes and or other issues face by the customer amicably. 
        3. Ensure that there is someone available to receive this parcel. Otherwise it will be return to sender. It will be resent via normal delivery method after extra courier charges have been paid. This services i.e Express Delivery (Within 5 Hrs) is only available for residence and not for offices. 
        4. No delivery will be made on Weekends and Public Holidays.
        5. Orders received 
            1. Before 16:00 (04:00 PM) will be despatched for delivery on the same day. 
            2. After 16:00 (04:00 PM) it will be despatched for delivery on the next working day
  • Next Day Delivery (Within 24 Hrs)
      1. Third Party courier solutions will be used to accommodate express delivery to deliver within selected areas within the Klang Valley only i.e Kuala Lumpur, Putrajaya, Cyberjaya and Selangor (except Hulu Langat, Kuala Selangor and Rawang). 
      2. This service is subject to the courier companies’ terms and conditions that can be found in their website. KISS mineral is not liable in any manner or form for the service level quality provided by these courier companies. But KISS mineral will support in resolving disputes and or other issues face by the customer amicably. 
      3. Ensure that there is someone available to receive this parcel. Otherwise it will be return to sender. It will be resent via normal delivery method after extra courier charges have been paid. This services i.e Next Day Delivery (Within 24 Hrs) is only available for residence and not for offices. 
      4. No delivery will be made on Weekends and Public Holidays.
      5. Orders received 
          1. Before 12:00 (12:00 PM) will be despatched for delivery within 24hrs. 
          2. After 12:01 (12:01 PM) it will be despatched for delivery on the next working day

      Refund & Exchange

      • Refund Policy
        1. All goods sold are non-refundable
        2. Refund can be made if the purchased item is out of stock. Money refund will be transferred to the account that you have made payment with. The refund amount is equal to the amount you paid for your item(s) excluding the shipping cost of your return.
        3. Refunds will be made within 30 days
        4. If you have not received your Refund please contact customerservice@kissmineral.com and we will get back to you as soon as possible.
      • Exchange Policy
        1. KISS mineral will exchange any items Damaged in transit and/or Defects due to manufacturer’s fault provided that the Customer has not used the products and situations where product such as KISS mineral Vegan Lipstick breaks upon opening the lipstick cover.
        2. The conditions of the exchange are as follows:
          • The customer must inform us immediately within 7 working days with digital photos proof by email via customerservice@kissmineral.com.
          • Upon confirming the defects via the proof, KISS mineral will arrange to pick-up for the items from the customer to be returned to KISS mineral office. The defect item must be returned with its original packaging materials.
          • KISS mineral office will process the exchange immediately and send the new item to our customer via courier.
          • If the customer informs us about the defects after seven (7) working days, KISS mineral reserves the right for the final decision on exchange.
        3. KISS mineral does not accept any exchange for KISS mineral Vegan Lipstick defects that arises due to improper usage (i.e. exposing the full length of the lipstick and gliding onto the lips causing the lipstick to break)