2. Copyright; License to Use
Skin Deep retains all copyright to the materials displayed on its website including but limited to: text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software. Permission is granted to temporarily download one copy of the materials (information or software) on Skin Deep’s website for personal, non-commercial transitory viewing only. This is the grant of a non-exclusive, non-transferable and limited license, not a transfer of title, and under this license you may not: modify or copy the materials, in whole or in part; use the materials for any commercial purpose, or for any public display (commercial or non-commercial); attempt to decompile or reverse engineer any software contained on Skin Deep’s website; remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or “mirror” the materials on any other server. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Skin Deep at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The trademarks, names, logos and service marks displayed on Skin Deep’s website are registered and unregistered trademarks of the website owner or those of the product manufacturers. Nothing contained on this website should be construed as granting any license or right to use any Skin Deep trademark without the prior and explicit written permission of Skin Deep.
You agree to pay the full price for all products you purchased on Skin Deep’s website. Skin Deep reserves the right to charge extra charges for your credit card or PayPal account for any products purchased from this website. You are responsible for the timely payment of all fees and for providing Skin Deep with a valid credit card or PayPal account details for payment of all applicable fees.
Delivery by Skin Deep will be deemed to have taken place when the materials are delivered into your custody via courier or regular mail. Skin Deep will be entitled to charge you for any expenses of delivery.
6. Refunds, Returns and Losses
Cancellation. Orders placed through Skin Deep’s website may not be cancelled once the initial order has been completed. Subject to the return and refund policies below, all sales of products completed through Skin Deep’s website are final.
Loss or Damage to Goods. Skin Deep will take all reasonable steps to ensure the protection from loss, damage or destruction of the products purchased on its website.
Return Policy. Products may be returned only in cases in which the product is either damaged in transit or is demonstrably defective for its intended use and the customer informs Skin Deep’s customer service department of the damaged or defective product within fourteen (14) days of its receipt.
Refund Policy. In order to receive a full refund for the product at issue, less original shipping costs, customer agrees to return the product in its original packaging and to pay all shipping costs incurred in returning the order to Skin Deep. Customers seeking a refund instead of an exchange will be credited the purchase amount on the credit card originally used to purchase the product within five (5) business days of Skin Deep’s receipt of the damaged or defective product.
7. Electronic Communications
When you visit Skin Deep’s website or send any emails to us, you will be communicating electronically with us. By sending such electronic communications you agree also to receive such communications from us. You acknowledge that your electronic submissions constitute your agreement and your acceptance to be bound by and to pay for such agreements and transactions. Your agreement and intent to be bound by electronic submissions applies to all transactions you enter into on the website.
The materials on Skin Deep’s website as well as the goods made available for purchase therein are provided on an “as is” basis without warranty, representation or endorsement of any kind, express or implied, oral or written including, without limitation, the implied conditions of merchantable quality, fitness for a particular purpose and description or the non-infringement of intellectual property, all of which are specifically and unreservedly excluded. In particular, but without limitation, no warranty is given that the goods are suitable for the purposes intended by the purchaser. Skin Deep warrants that the goods made available for purchase on its website will be supplied using reasonable care and skill. Skin Deep does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
9. Limitation of Liability
In no event shall Skin Deep or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Skin Deep’s website, even if Skin Deep or its authorized representatives have been notified orally or in writing of the possibility of such damage. Skin Deep shall not be liable for any claim arising out of the performance, non-performance, delay in delivery of or defect in the goods nor for any special, indirect, economic or consequential loss or damage howsoever arising or howsoever caused (including loss of profit or loss of revenue) whether from negligence or otherwise in connection with the supply, functioning or use of the goods or for the cost of procurement of substitute services. You agree that Company’s entire liability, and your exclusive remedy, with respect to any goods or services provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such goods or services made available for sale on Skin Deep’s website in the year in which the event of default arises. The purchaser shall fully indemnify the Skin Deep against any liability to third parties arising out of the purchaser’s use of goods purchased on Skin Deep’s website.
10. Revisions and Errata
Materials appearing on Skin Deep’s website could include technical, typographical, or photographic errors. Skin Deep does not warrant that any of the materials on its website are accurate, complete, or current. Skin Deep may make changes to the materials contained on its website at any time without notice. Skin Deep does not, however, make any commitment to update the materials.
11. Force Majeure
Skin Deep shall not be liable for any failure to perform any obligation under any agreement which is due to an event beyond its control including but not limited to any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or manmade eventuality outside of Skin Deep’s control which could not have been reasonably foreseen. In such an event, Skin Deep will use all reasonable efforts to comply with the terms and conditions of any agreement to which it is a party.
12. Third Party Links
For your convenience Skin Deep may provide links on its website to third party websites operated by other entities. Skin Deep has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. If you decide to visit any linked third party website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. The inclusion by Skin deep of any link on its website does not imply warranty or representation regarding, nor does it endorse, any linked websites or the information appearing thereon or any products or services described thereon. Skin Deep is not affiliated or associated with these linked third party websites, nor is Skin Deep responsible for the accuracy and reliability of statements made by third parties.
Skin Deep reserves the right to revise the terms and conditions of this Agreement at any time. Any such revision will be binding and effective immediately upon posting of the revised Agreement on our website. Your continued use of our site constitutes your implied acceptance of any revision of the terms and conditions of this Agreement.
14. Governing Law
This Agreement, and any claims relating to use of Skin Deep’s website, shall be governed in all respects by the laws of the United States of America and by the laws of the State of California. Each of the parties irrevocably consents to the exclusive personal jurisdiction of the federal and state courts located in California, as applicable, for any matter arising out of or relating to this Agreement, except that in actions seeking to enforce any order or any judgment of such federal or state courts located in California, such personal jurisdiction shall be nonexclusive.