Terms and Conditions Policy

TERMS OF SERVICE FOR ALL PRODUCTS ( EXCLUDING VOLCANIC EARTH PRODUCTS)

OVERVIEW

This website is operated by Sabaa Scapes LLC. Throughout the site, the terms “we”, “us” and “our” refer to Sabaa Scapes. Sabaa Scapes offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

Products Marked with A Buyer Protection Stamp

We promise your money back if the item you received is not as described, or if your item is not delivered within the Buyer Protection period ( if there is one present for that product). You can get a refund the specified number after the claim process finishes. This guarantee is in addition to and does not limit your statutory rights as a consumer, as granted by all mandatory laws and regulations applicable in your country of residence.

SECTION 1 – Legal Age Requirement

By completing a purchase through the Site, you represent that you are at least 18 years old or are legally authorized, with any necessary consent of a parent or guardian, to agree to these Product Offer Terms and Conditions and fulfill any obligations in connection with such purchase. The Company reserves the right to verify the foregoing. At the time of delivery, any shipment containing a product may require further the signature of an adult possessing valid picture identification issued by a government agency.

SECTION 2 – Product Offer

When you place an order for the Company’s products, you will be charged the cost of your Company purchases on the payment card you provide at checkout.

All orders are subject to the Company’s acceptance. After your order has been placed, we will provide you with an email confirming our receipt of your order. The confirmation you receive does not constitute our acceptance of your order. Rather, we are only confirming our receipt of your order. The Company may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your payment card or payment method has already been charged for an order that is later cancelled by the Company, we will issue you a refund. If you do not receive confirmation that your order has been placed, please contact customer service at gentsscape@gmail.com. Your order will be deemed accepted upon its shipment and your receipt of a shipment confirmation of your order.

While we want everyone to be able to enjoy our products, we may, in our sole discretion, not accept an order or limit or cancel quantities purchased per person, per household or per order. Some reasons we may do so include, but are not limited to, the following: (1) orders that, in our sole discretion, appear to be placed by dealers, resellers or distributors; (2) orders that appear to be shipped to a freight forwarding company for reshipment; (3) orders that cannot be processed as a result of incorrect or invalid billing, shipping or payment information, including incorrect credit or debit card information such as card number, expiration date and card security value; incorrect payment method billing information (billing information provided must be the same as what your financial institution has on record); and/or insufficient or incorrect shipping address such as street address, city, state/province, ZIP or postal code; (4) orders, in our sole discretion, that we suspect to be fraudulent; or (5) orders connected to previous credit card disputes.

We reserve the right, subject to applicable law, to limit the sales of our products or services to certain persons, geographic regions or jurisdictions or on a case-by-case basis. Any offer for any product or service made on the Site is void where prohibited. Once an order has been placed, it cannot be cancelled unless the shipment is unavoidably delayed. In this case, we will do our best to cancel the order if requested.
If for any reason you are unsatisfied and want to return products you have ordered, please review the Return and Refund Policy outlined below.

SECTION 3 – Auto - Renewal Terms & Cancellation

This section only applies to subscription / replenishment orders.

YOU ACKNOWLEDGE AND AGREE THAT EACH SUBSCRIPTION / REPLENISHMENT ORDER AUTOMATICALLY RENEWS UNLESS YOU CANCEL IT OR WE SUSPEND OR TERMINATE IT IN ACCORDANCE WITH THESE TERMS.


Gentsscape will automatically renew your Subscription / Replenishment Order and charge your Payment Method depending on your Order and/or Box shipping frequency chosen by you and, as authorized by you by agreeing to the automatic renewal of your Order during the Subscription / Replenishment Order sign-up process.


Your Payment Method will be charged at least one full business day prior to your next shipping date. We will charge your Payment Method with the applicable taxes that may be charged with your Order.


To avoid being charged, you must cancel your Order as below (see Cancellation paragraph). We will continue to bill your Payment Method on a recurring basis (depending on the order shipping frequency selected) until you cancel.

Cancellation
You may cancel your Subscription / Replenishment Order at any time via email at gentsscape@gmail.com. Cancellation requests may take up to five (5) business days to process. If you have any problems, please email us at gentsscape@gmail.com.

SECTION 4 – Taxes

All pricing set forth on the Site is in U.S. Dollars and is exclusive of applicable taxes. All orders are subject to any applicable taxes on the purchase or delivery of the Product .


SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.


SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.


SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchant ability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Gentsscape, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licencors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Gentsscape and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licencors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 80 Newport Avenue, Attleboro, MA, 02703, United States.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at gentsscape@gmail.com.

TERMS OF SERVICE FOR VOLCANIC EARTH PRODUCTS

20 PERCENT OFF

This discount is only available on on your first product order and only where the value of the order is at least $50.00 (excluding shipping. To learn more and discover what other BONUS is available, please register here. (Note: This 20% discount is not applicable to authorized Volcanic Earth resellers).

MONEY BACK GUARANTEE

Subject to these Terms and Conditions, you can return any items that are broken, damaged, or are the wrong item, by notifying us within 30 days of delivery and returning the item(s) to us, for a full refund or replacement.

SHIPPING

1. We ship worldwide. Online purchase orders are all sent via ordinary airmail through Vanuatu Post. Volcanic Earth takes no responsibility for any delay that occurs during Vanuatu Post shipping. Items shipped with Vanuatu Post can be tracked after dispatch provided you have paid extra for this service when prompted by our shopping cart.

2. Alternative shipping methods through DHL or Fedex can be arranged at the customer's request and provided the customer is willing to
pay the additional shipping costs. However, if you wish to use your own courier we cannot be held responsible for loss or damage once goods leave our warehouse.

3. All orders must be checked & lodged within 7 days of receipt & any claims, errors, or discrepancies must be reported immediately.

ORDERING GUIDELINES

1. Orders can be placed through our website, by email, post or telephone. In order to avoid communication errors we strongly recommend
that orders be placed in writing via our website or email. We guarantee the accuracy of written orders, however, we accept no responsibility for errors as a result of verbal miscommunication.

2. Orders are normally processed within 24-48 hours of them being received save for weekends and public holidays. We cannot guarantee dispatch times in situations affected by circumstances beyond our control. Once the order has been processed, any changes will be treated as a new order.

3. International orders will need to be confirmed before the order is processed, payment is charged, and dispatch is made. The order will be held until the customer advises the final confirmation.

4. Whilst we do not impose minimum order quantities, ordering items in bulk can result in substantial savings in shipping.

5. If any item is short delivered and has been charged for,
Volcanic Earth will be more than happy to cover the cost of freight in resending the goods as soon as possible. Please note items are not back ordered and need to be re-ordered at the time they become available.

6. All orders irrespective of how they are paid for do not constitute a contract of sale/purchase until such time as Volcanic Earth has processed the actual payment and the order is reviewed by Volcanic Earth in Vanuatu. Once a decision is then made by Volcanic Earth and the product order is shipped, only then is the contract of sale/purchase concluded. All such contracts are deemed to be concluded here in vanuatu.

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PAYMENT METHOD

1. All orders must be paid for prior to shipping.

2. We accept Visa Card, MasterCard, American Express, PayPal and wire transfers.
We do not accept cheques.

PRICING & TAXES

1.Currently, International orders do not incur local GST or VAT. However, there may be import permits, customs duties and taxes applicable to the destination of shipment that Volcanic Earth cannot be responsible for. As the customer, you are solely responsible for paying any such costs, duty, charges and/or taxes. If you have questions about possible import duty, taxes or other costs/charges, please contact your
local customs office.

2. All prices on this website are quoted ex-works and do not include shipping & transportation costs.


CANCELLATIONS

1. Orders cancelled after 24 hours of the time of order placement will incur a 20% restocking fee.

2. Orders left on "Wait" status or unconfirmed beyond 7 days will be automatically deleted from our system save and except for
International Orders which will remain in the system for 14 days.


RETURNS & REPLACEMENTS

Volcanic Earth is under no obligation to accept return of goods that have been ordered in error or where the shipping address provided was inaccurate or incomplete or where the goods are no longer required by the Customer. As a general rule, no refunds or return of goods will be entertained by Volcanic Earth in such circumstances. In any event, any return of goods must first be authorized by Volcanic Earth who may, at its discretion, issue a Returns Authorization Number.

Any goods returned without this number will not be accepted. Unless agreed otherwise it shall be the responsibility of the Customer to deliver returned goods to the Company and cover risk during delivery. This is subject to the further conditions set out below.

In the event that an order arrives damaged or is lost in the mail, Volcanic Earth will send a replacement at its own cost, including shipping costs.

CASH REFUNDS:

There are NO cash refunds on credit card purchases.

EXCHANGES:

If an item is exchanged, new shipping and handling fees will be added.

SALES RECEIPTS:

A copy of the sales receipt must accompany all returns. Your return authorization number must accompany all returns.

STOLEN OR RETURNED PACKAGES:

1. We are not responsible for stolen or returned packages. We recommend that you keep proper Proof of Delivery.

2. Any discrepancies must be reported within 7 days of receiving your order.

3. Any problems reported after 7 days which are not the fault of Volcanic Earth will incur a 20% re-stocking fee. If a return or refund is necessary, this must fall within 30 days of the date the order was dispatched by Volcanic Earth. Returns will not be accepted beyond 30 days.

4. If an error has been made by Volcanic Earth with regards to a written order, either invoicing or packing, we will gladly pay for return shipment. If customer requires urgent re-dispatch, it will be necessary to pay for goods at the time the re-order is lodged, which will then be credited/refunded when we receive the returned goods.

5. Errors made by clients when placing their order can be returned if reported within 7 days and products are unopened. This will incur the
20% restocking fee. This includes change of mind returns also. Goods must arrive in re-saleable condition. Return freight will be at customer's expense. 20% Restocking Fee covers costs of time and labor involved with returning goods to the warehouse.

7. Goods must be re-packed carefully for return and the package must include a Returns Authorisation Number.

8. All goods/products must be unused when returned to Volcanic Earth in order to qualify for a credit or refund.


PRODUCT LIABILITY


The stability and nature of our products may be altered depending on storage conditions, or when used in combination with other products.
This is beyond our control and Volcanic Earth does not accept any liability in this regard.


DISCLAIMER


As the ordinary or otherwise use(s) of products is outside the control of Volcanic Earth no representation or warranty, expressed or implied is made as to the effect(s) of such use(s), (including damage or injury), or the results obtained. Volcanic Earth expressly disclaims responsibility as to the ordinary or otherwise use(s). Furthermore, nothing contained herein should be considered as a recommendation by us as to the fitness for any use. The liability of Volcanic Earth is limited to the value of the goods and does not include any consequential losses. It is the sole responsibility of the Customer to test for possible allergic reactions, by testing a small amount of the relevant product on a small area of the skin first.

We shall not be liable for any errors or delays in the content, or for any actions taken in reliance thereon nor shall we shall not be responsible for any damages resulting from use of or reliance upon this information.

The user of the product is solely responsible for compliance with all laws and regulations applying to the use of the products, including intellectual property rights of third parties.

The products on this website are represented in as true a manner, as photographic processes and printing will allow. The images on this website are for illustrative purposes only. If you have any questions with regard to how products are packaged or labelled, please contact us.

Customers should always refer to the ingredients label as affixed to each product which are current at the time of supply of the product.

Note: Individuals receiving any information contained in this website must exercise their independent judgment in determining its appropriateness for a particular purpose or use.

JURISDICTION



Any dispute in relation to these Terms and Conditions shall fall within the exclusive jurisidiction of the Supreme Court of the Republic of Vanuatu.

TERMS OF SERVICE FOR SKINTIFIQUE PRODUCTS

1. Introductory dispositions

a) Legal notice

This website is edited by SKINTIFIQUE SAS, SAS with a capital of 1000 €, registered under no. 753 261 411 at the RCS (Trade Register) of Paris, and having its registered office at 11, avenue Myron Herrick, 75008 Paris.

Intercommunity VAT number: FR77753261411.

The publication director of the website is J. Delort.

The managing editor is J. Delort.

This website is hosted by OVH, having its registered office at 2 rue Kellermann Roubaix 59000, to be reached at: 0903 46 650.

This website was created by using PrestaShop™ Open-Source solution. The terms and conditions have been created by CGV-expert.fr.

b) Subject

This website is free of access and of charge for all users. It is providing information and selling products.

c) Acceptance of the terms and conditions of sale

Acceptance of an agreement governed by these terms and conditions with the editor of this website presumes acceptance by the user of the said terms and conditions of sale. The user acknowledges that he has read and has fully understood these terms and conditions set forth. This acceptance shall be done when the user ticks the box corresponding to a sentence indicating she/he “accepts the terms and conditions set forth herein”.

Thus, by ticking the box, it will be deemed to have the same value as a handwritten signature by the user. The user shall recognize the evidential value of automatic recordings of the editor of this website and unless the contrary is proved by him, he waves all his rights in case of dispute.

The acceptance of these terms and conditions presumes that the users enjoy the legal capacity to proceed accordingly, or if they have authorization from a guardian or trustee if incapable, or from their legal representatives if they are minors, or a warrant if acting on behalf of a legal entity.

2. Terms of orders and purchasing process

Goods are subject to stock availability, indicated on the website, in the descriptive page of each item. In case the availability information is not provided, then the product is deemed not available for sale.

To meet the requirements of the Law On Confidence in The Digital Economy of 21 June 2004, below is indicated the ordering process:

To place an order, the user can select one or more goods and add them to his cart. When the order is finished, he shall access to his cart by clicking the button provided for this purpose. By consulting his cart, the user shall have the opportunity to check the number and type of products he has selected and will check the unit price as well as the overall price of the order. He shall be able to remove one or more goods from his cart. On this summary will also be indicated to the user the possible option to or not to exercise his right of withdrawal and the time limits which herewith applies.

If the order suits him and that he is willing to confirm it, the user can click on the submit button, he then will have access to a form where he can either enter his login if he has already one, or register online by filling in any personal information in the online form.

Once he is connected or after he has perfectly fill in the form, the user will be prompted to check or change his shipping and billing information, to read and accept the current terms, to confirm his order and to make his payment being redirected for this purpose on the secure payment interface.

The website editor undertakes to acknowledge electronic receipt to the user no later than 3 work days once payment is received.

Similarly, within the same frame, the editor undertakes to send to the user an electronic summary of the order, to confirm him the process and to give him the relevant information about the order. The editor reserves the right to refuse any order, including, but not limited to, when such order can reasonably not be considered as ‘standard practice’ or sincere, can create risks for other users, or may put normal business operations at risk. In such case, the editor will let the user know that her/his order has been denied and will refund the user within 5 working days.

3. Prices of the goods, taxes and delivery charges

Prices shown on the website are agreed in Euros, all taxes included (notably VAT: Value Added Taxes that apply in Europe), and excluding shipping costs. Prices may also be indicated in US Dollars and other currencies. These prices can be changed anytime by the editor, the prices indicated on the website are valid on the order date and have not effect on the future.

Shipping fees shall, in any event, be indicated to the customer before any payment.

In case of delivery to the USA, Canada, or outside the European Union, the user is informed that VAT will not be billed, but that custom duties and other taxes may be due. Required formalities and payment of such duties and taxes are not of the responsibility of the editor and in any event, shall be borne by the user. It is therefore incumbent upon the latter to verify all these information as well as the possibility of importing the good from the relevant authorities of the country of delivery, before placing any order on the website.

Sold goods remain the editor’s property until full payment of the purchase price pursuant to this retention of title clause. The risk is still being transferred to the customer after the delivery of the goods.

4. Payment information

The user shall place an order on this website and make the payment by credit card, check, transfer, paypal.

The credit card payments are made via secure transactions provided by the bank: PAYPAL.

As part of credit card payments, the editor of this website has access to none of the data relating to the payment of the customer. As indicated in section 9b) of this document, NO CONFIDENTIAL PAYMENT INFORMATION (e.g. credit or debit card numbers) will be requested on any pages of this website. It is the user responsibility to ensure that the page of the payment provider she/he is transferred to for payment (e.g. PayPal) is secured. In case of doubt, the user is invited to use appropriate common sense, not let any of her/his confidential information, and promptly let SKINTIFIQUE and the payment provider know about the concern.

Delivery times as defined in the article below shall start to run from the effective date of reception of the payment by the seller, which can be proved by any means. If the editor does not receive the customer’s payment within eight days from the order, the order will be cancelled and the products put back on sale on the website.

Failure to make a payment by its due date to the editor shall be subject to the payment of penalties equivalent to three times the rate of legal interest plus 40 euros for the recovery costs. These penalties will be effective on the day after the due date of unpaid amounts, without prior notice.

5. Delivery and availability

a) Delivery time

Orders are delivered via La Poste, UPS, or any carrier appointed by the editor, generally within 3-10 working days after the full payment is received.

Some goods or order volumes may however justify a higher delivery time, this shall be expressly stated to the attention of the user during the confirmation of the order. Shipping delay usually reflect the shipping address and the carrier and service level selected by the user (e.g. lower cost versus faster delivery).

b) Delivery error and visible defect

The customer undertakes to verify that the compliance of the good with the order upon delivery. Any delivery error compared to the order or a visible defect shall be subject to a claim within three clear days following the delivery. After this delay, the good will be deemed received in conformity by the user, who shall no longer rely on a delivery error or a visible defect.

c) Damage and partial loss

In case of the delivery of a clearly and visibly deteriorated package, it is the user’s responsibility to refuse the package to benefit from the guarantee offered by the carrier. The user must also inform immediately the editor so that a new package shall be prepared and delivered upon receipt of the damaged package in return. In such cases, the delivery time as stated above in these terms and conditions no longer apply.

Similarly, the user shall refuse any package containing incomplete or damaged items. In accordance with Article L 133-3 of the French Commercial Code, the reception of carried items shall extinguish any action against the carrier for damage or partial loss if within three days, excluding public holidays, following the reception, the recipient has not notified the carrier, by registered letter, a motivated claim. Failing to perform this, the user shall not receive compensation.

6. Right of withdrawal and customer service

a) Customer service

The customer service of this website shall be accessible by phone at +1 (619) 566-7696 (toll-free number), by email at support@skintifique.zendesk.com or directly at SKINTIFIQUE SAS, Client Services, Elysées Center, 11, avenue Myron Herrick, 75008, Paris, France. In the latter two cases, the editor undertakes to answer within 3-5 business days following reception of the mail.

b) Right of withdrawal and return of the goods

The consumers have a right to cancel the order and ask the refund within 14 days as from the date of reception of the parcel. To exercise this right, they only have to notify the editors by using the form at the end of general conditions or by sending him a clear statement.

If the customer cancels is order, the editor will reimburse the customer the sums paid, including the expenses of delivery (except the additional costs arising from the fact that the customer had chosen a delivery mode other than the less expensive mode of standard delivery proposed by the editor) as soon as possible and not later than 14 days as from the reception of the product or the evidence of the expedition of the product, whichever event is the earliest.

The return must be made (at the expense of the customer) not later than 14 days as from the notification of the order cancellation. Any return will have to be complete (original packing, notes, accessories, copy of the invoice) and the returned products will have to be in perfect condition of resale. The customer will only be held responsible of the depreciation of the goods resulting from manipulations other than those required to establish the nature, the characteristics and the proper functioning of the good.

7. Product warranty purchased on this website

In case of the defectiveness of a good purchased on this website, and given the nature of these goods, the user has a period of two weeks after the defect is discovered to request a repair or a refund of the good, and a period of three months from the reception of the good to request an exchange or a refund in the event that the delivered good does not comply within the meaning given to that word by legal definitions. To exercise any of these rights, the customer has to contact the customer service of the editor.

Some items purchased on this website may be entitled, in addition to the warranty against hidden defects referred above, to a conventional warranty offered by the seller or the manufacturer, whose term will likely vary depending on the good, and will be as well detailed in the descriptive sheet and the instructions for product use. In any and all cases, SKINTIFIQUE responsibility will be limited to the amounts paid for the product(s) by the user.

8. Provisions specific to the nature of certain products

All goods sold on this website are sold in compliance with laws and regulations in force in France. Mandatory displays required by laws and regulations in force will be done on this website, including in the descriptive sheet of each item.

a) Cosmetics

All care products and cosmetics sold on this website have all the necessary approvals to be sold on the market.

Reasonably known risks related to the use of the products, if any, are mentioned on the products, their notices, and / or this website. By subscribing to these Terms and Conditions, the user declares she/he is perfectly aware and informed of all risks, even rare or exceptional, that may be linked to the use of the product(s) she/he is purchasing. In case of a suspected side effect that is not mentioned on a product, its notice, or the website, the user is invited to promptly notify the editor (SKINTIFIQUE) and, if appropriate her/his medical doctor.

As part of cosmetics sold on this website, the editor reminds the user that he must follow carefully the instructions of use and dosages applicable to the goods purchased on this website. He shall also check the compatibility of the purchased goods with potential allergies he suffers from and respect the duration recommended for the use and expiration date(s).

9. User account

a) Creation

Creating a user account is a prerequisite to any order from a user. A user account can be either: i) a Client Account, in case when the user desires to establish an account that she/he will be use over time and that will provide her/him with various advantages and services provided by the editor, or ii) a Guest Account, in case when the user just wants to make a purchase and then leave the site. In order to create her/his Account, the user will be asked to provide some personal information, such as her/his first and last names, email, and shipping and billing addresses. The user undertakes to provide accurate information under penalty of termination of the agreement by the editor and of deletion of the user account.

Some information will be deemed essential to the execution of the agreement and their collection will be essential to the account creation and the conclusion of the agreement. The refusal by a user to provide such information will effectively prevent from the creation of a user account and, incidentally, the confirmation of the order.

b) Service

This account allows the user to consult all its orders on the website, and also enables him, if necessary, to track the delivery of the goods purchased on the website.

The editor of this website shall not be liable if the data contained in the user account were to disappear as a result of unforeseeable circumstances, a technical failure or in case of force majeure, this information having no probative value but only an informative character. The editor undertakes however to keep securely all contractual elements whose conservation is required by law or regulations.

The editor reserves the exclusive right to cancel the account of any user who may have breached these terms and conditions (including, but that example being non-exhaustive, when the user has knowingly provided false information at the time of the account registration and creation) or when the account has been dormant for at least one year. Such withdrawal shall not likely constitute damage for the banned user who shall not claim any compensation as a result.

This exclusion shall not exclude the possibility, for the editor, to take legal action against the user, when justified.

c) Password

When creating a Client Account, a password shall be chosen by the user. This password is the security of the confidential information in the account and it is prohibited to transfer or communicate it to a third party. Failing this, the website shall not be held liable for unauthorized access to the user account.

c) Payment information

Confidential payment information (e.g. credit or debit card numbers) ARE NEVER REQUESTED, nor stored, on any pages of this website. During the order process, these information can only be requested by the payment service provider (such as PayPal). It is the user responsibility to ensure that she/he leaves her/his confidential information exclusively on the payment provider secured page. In case of doubt, the user should use appropriate common sense and not leave her/his confidential information, then promptly let the payment service provider and the editor (SKINTIFIQUE) know about the concern.

c) Client Rewards

As part of normal business practices, the editor may offer certain free services and rewards to the users or to users meeting certain criteria. Such free services and rewards may include loyalty and referral programs, vouchers, price discounts and others. These services and rewards will usually be managed by the user from her/his Client Account.

It is understood and accepted that the editor may decide, at his sole discretion, at any time, without any justification, to modify or terminate any and all of these services and rewards. In addition, such modification or termination shall not constitute cause for prejudice, nor request for compensation, nor legal or other action by any user, even if some of the rewards or services have not been fully utilized by the user (e.g. unused vouchers for price discounts, unused loyalty points).

10. Legal disclaimer

a) Access to the website and force majeure

If unable to access the website, because of technical problems or any kind, the user shall not be entitled to injury and to claim any compensation.

The unavailability, even prolonged period without any limitation, of one or more goods, shall not be constitutive of harm to the user and shall not possibly claim compensation from the website or its editor.

The editor will in any circumstances be held liable for breach of contract which may result from a case of force majeure within the meaning given to it by French courts.

b) Visual representation of the goods

Visual representations of the goods published on this website are guaranteed by the editor as perfectly reflecting reality, in order to fulfill the obligation of perfect information. However, given the current state of the art, the rendering of these representations especially in terms of color or shape, can vary substantially from one workstation to another or differ from the reality that the quality of graphics and accessories screen or by resolution of the display. These variations and differences may in any circumstances be attributed to the editor who shall in any circumstances be liable therefore.

c) Goods sold on the website

The editor undertakes to comply with all applicable provisions in force in France and shall not be held liable for non-compliance with regulations and laws in force in other countries.

The editor of this website shall in any circumstances be held liable for misuse of the goods, of improper maintenance of the goods, of accidental damage or excessive use of goods.

The products proposed on this website are exclusively to be used externally, on normal skin. The user declares she/he will use the product(s) according to standard practices for cosmetic products, with common sense, and strictly respecting the instructions provided on the product(s), their notice(s), or this website. In any case, the editor’s responsibility will be limited to any amount paid by the user to receive the product(s).

d) Hyperlinks

The hyperlinks on this website may refer to other websites and the editor of this website shall not be liable if the content of these websites contravene the laws in force. Similarly, the editor of this website shall not be liable if the visit by the user of one of these websites shall harm him.

11. Visitor contribution and product assessment

The user is offered the ability to post comments on goods offered by this website. He shall, if any, assign a rating to the good.

Comments should be made in French. The content of the comments and contributions must strictly be conformed to public order and morality and not to be an unlawful or illegal activity.

The editor of this website reserves the right to remove or modify any message that may violate this article without giving notice or without paying compensation. The user is fully responsible and accountable for her/his comments and their consequences, including legal consequences if any.

12. Newsletter of the editor and partners

By ticking the box provided for that purpose or given his express agreement to that end, the user accepts that the editor sends him at a determined frequency and format a newsletter which may include information about its activity.

When the user ticks the box provided for that purpose, he agrees to receive commercial offers from the editor of this website for products and services similar to those ordered.Subscribed users have the option to unsubscribe from the newsletter by clicking the link provided for that purpose, in each newsletter.

Similarly, the user that has accepted the submission of personal information (including email address) to third party partners of this website by ticking the box provided for that purpose, may receive newsletters issued by these partners, for commercial purposes or otherwise, at a determined frequency and format.

The user has at any time the ability to unsubscribe by clicking the link provided for this purpose, available on each of newsletter issued by the said partners. Otherwise, the user has the option of unsubscribing through direct contact with the sender(s) of those newsletters. The editor of this website shall in no event be held liable for any content, data or forms of newsletters sent by partners, regardless of the harm allegedly suffered by the user. Protests must be made directly from the sender of the newsletter.

13. Provisions regarding the French Data Protection Act

a) General – Purpose – Term

The user shall have the free option of providing personal information concerning him. Providing personal information is not required for browsing the site. However, registering on this website requires the collection by the editor of some personal information about the user. If the user does not wish to provide the information needed to create a user account, he shall not be able to order on this website.

The collected data are necessary for the proper administration of the services offered on this website and for a proper compliance with the editor’s contractual obligations. These data are stored by the editor solely in this purpose, and the editor shall undertake not to use them in another context or transfer them to third party, except express agreement of the users or otherwise specified by law.

Contact information for all users registered on this website is stored maximum period of 12 months from the deletion of the user account, a reasonable delay necessary for the proper administration of the website and of a normal use of these data. These data are kept under secure conditions, according to the current means of the technique, in accordance with the provisions of the French Data Protection Act of 6 January 1978.

b) Right of access, rectification and opposition

In accordance with the French Data Protection Act, the user has a right to oppose, query, access and rectify the data he has provided. To achieve this, he simply sends a request to the editor of this website, by email at support@skintifique.zendesk.com, or by mail to the registered address of the editor mentioned at the head of these terms and conditions.

Personal data collected shall be processed by computer and are exclusively reserved to the website editor.

The controller is Mr. J. Delort.

French data protection authority (CNIL) registration number: 1784278

c) IP address

In addition, the editor reserves the right to collect the public IP (Internet Protocol) address of any user. The collection of this IP address will be carried out anonymously; it will be retained during the same period as the personal information and are only for the proper administration of the services proposed on this website. The IP address refers to a series of numbers separated by points enabling the sole identification of any computer on the Internet.

The editor shall provide all the personal data about a user to the police (on summons) or any person (by a judge’s ruling). The IP address of your computer can be compared with the actual identity of the subscriber owned by the ISP (Internet service provider).

14. Legal notice relating to the collection of cookies

a) General – Purpose – Term

To allow the user a better browsing on this website and better service of the different interfaces and applications, the editor shall proceed with the implementation of a cookie on the computer terminal of the user. This cookie is used to store information about the website’s browser (date, page, hours) as well as any data entered by the user during his visit (search, login, email, and password). These cookies are meant to be kept on the workstation of the user for a variable period up to 12 months, and may be read and used by the editor at a subsequent visit of the user on this website.

b) Right to object to the implementation of a cookie

The user has the ability to block, modify the retention period, or delete the cookie through the browser interface (usually: tools or options/privacy or confidentiality). In such case, browsing this website shall not be optimized. If the systematic disabling of the cookies on the browser of the user prevents him/her from using some services or features provided by the editor, this dysfunction shall not, in any circumstances, constitute damages to the user who shall not claim any compensation thereof.

c) Deletion of the cookies

The user shall also have the option to delete cookies previously on the computer by going to the menu of the browser for this purpose (usually: tools or options/privacy or confidentiality). Such act has no impact when browsing this website, but loses all the benefit provided by the cookie to the user. In this case, he shall have to capture again all his personal information.

15. Intellectual property relating to the items of the website

All items of this website belong to the editor or are subject to an authorization of use and are protected by intellectual property laws.

The user therefore shall recognize that, without prior written authorization by the editor, any copy of one or more of these items or portion thereof and any publication or use of one or more of these items, whether or not modified, will likely be prosecuted by the editor or any assigns, heirs or successors.

This protection shall include all text and graphic contents of the website, but also structure, computer programs, name and corporate identity.

Similarly, the user acknowledges to be informed that these terms and conditions template was officially registered by a bailiff and that any reproduction, even a portion thereof, of this document may be prosecuted for commercial free-riding.

16. Terms and conditions and governing law

a) Modification of the terms and conditions

These terms and conditions are subject to change at any time by the website editor or representative. The terms and conditions applicable to the user are the ones in force the day of his order. The editor naturally undertakes to keep all his previous terms and conditions and to send them to any user who requests it.

b) Governing law and jurisdiction

These terms and conditions are subject to the French Law and to the exclusive jurisdiction of French courts. The agreement language is French; all foreign-language versions available on the website are just for information. Similarly, this website shall be translated into various languages to facilitate the browsing for non French-speaking users who wish to order on the website.

IN CASE OF DISPUTE WITH A CUSTOMER BEING A MERCHANT WITHIN THE MEANING GIVEN TO IT BY EUROPEAN AND FRENCH COURTS, EXCLUSIVE JURISDICTION IS GRANTED TO THE COURTS WITHIN WHOSE JURISDICTION THE EDITOR IS ESTABLISHED.

c) Amicable settlement of disputes

Unless law and order provisions, all disputes that may arise in connection with the execution of these terms and conditions shall, before any legal action, be submitted to the website editor’s discretion in view of an amicable settlement. It is expressly stated that any request for settlement shall not suspend any deadline allowed for prosecuting.

d) Invalidity

If any provision of these terms and conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions which shall remain in full force and effect.

e) Non waiver

The failure by the editor to not require temporarily or permanently a waiver of any stipulation of these terms and conditions shall not constitute a waiver of the remaining terms and conditions.

If a consumer wants to cancel his order, he can use the form below.

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CANCELLATION OF ORDER

Conditions :

– Complete and sign this form

– Use the address appearing in the back

– Send it not later than the fourteenth day from the day of the reception of the parcel or the acceptance of the offer if your ordered a service, if this deadline expires normally one Saturday, Sunday or a holiday or non-work day, the very first next working day.

– As reminded on paragraph 6b) of the present Terms and Conditions of Sale, any returned product will need to be complete (including original packaging, notices, copy of invoice), and the product(s) need to be un-opened and in perfect selling conditions. Return shipping costs are to be paid by the consumer cancelling her/his order.