Terms of Service
Overview
Welcome to WE MADE SKIN. The terms "we", "us" and "our" refer to WE MADE SKIN. We operate this store and website, including all related information, content, features, tools, products and services (the "Services"). WE MADE SKIN is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service, together with any policies referenced in them, describe your rights and responsibilities when you use the Services. Please read them carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability. By visiting, interacting with or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you should not use or access the Services.
1. Access and account
You represent that you are at least the age of majority in your place of residence, and that you consent to any minor dependents using the Services on devices you own or manage. To use the Services you may be asked to provide information such as your email address and billing, payment and shipping details. You represent that all information you provide is correct, current and complete. You are solely responsible for maintaining the security of your account credentials and for all account activity, and you may not transfer, sell, assign or license your account.
2. Our products
We have made every effort to represent our products accurately, but colours and appearance may differ depending on your device and its settings. We do not warrant that the appearance or quality of products purchased will meet your expectations or match what is depicted. All product descriptions are subject to change at any time at our discretion, and we may discontinue products or limit quantities on a case-by-case basis.
3. Orders
When you place an order you are making an offer to purchase. We reserve the right to accept or decline any order at our discretion; your order is not accepted until we confirm acceptance and we have received and processed your payment. Please review your order carefully, as we may be unable to accommodate cancellation requests once an order has been accepted. If we do not accept, change or cancel an order, we will attempt to notify you using the contact details provided at the time of the order. Purchases are subject to return or exchange solely in accordance with our Shipping & Returns policy. You represent that your purchases are for personal or household use and not for commercial resale or export.
4. Prices and billing
Prices, discounts and promotions are subject to change without notice. The price charged will be the price in effect when the order is placed and will be set out in your order confirmation. Unless expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges. You agree to provide current, complete and accurate purchase and payment information, and you represent that you are authorised to use the payment method provided.
5. Shipping and delivery
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs processing or events outside our control. Once products are transferred to the carrier, title and risk of loss pass to you.
6. Intellectual property
The Services, including all trademarks, text, images, graphics, video and audio, and the design, selection and arrangement of them, are owned by WE MADE SKIN, its affiliates or licensors and are protected by intellectual property laws. These Terms permit you to use the Services for personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, store or transmit any material from the Services without our prior written consent. All rights not expressly granted are reserved.
7. Optional tools
You may be given access to third-party tools that we neither monitor nor control. Such tools are provided "as is" and "as available" without warranties of any kind and without endorsement, and any use of them is at your own risk. New features offered in the future also form part of the Services and are subject to these Terms.
8. Third-party links
The Services may contain links to websites operated by third parties. We are not responsible for examining or evaluating their content or accuracy, and we are not liable for any harm arising from your access to them or from any purchase made through them. Please review each third party's policies before transacting with them.
9. Relationship with Shopify
WE MADE SKIN is powered by Shopify, which enables us to provide the Services to you. Any sales and purchases you make in our store are made directly with WE MADE SKIN. You acknowledge that Shopify is not responsible for any aspect of sales between you and WE MADE SKIN, including any injury, damage or loss resulting from purchased products and services, and you release Shopify and its affiliates from all claims arising from those transactions.
10. Privacy
All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may also be subject to Shopify's privacy policy. Because the Services are hosted by Shopify, information you submit may be transmitted to and shared with Shopify and third parties that may be located in other countries.
11. Feedback
If you send us ideas, suggestions, feedback, reviews or other content, you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display it in any medium for any purpose, including commercial use. You represent that you hold all necessary rights to the feedback and that it does not violate the rights of any third party or contain unlawful, abusive or obscene material. We have no obligation to keep feedback confidential, to pay for it or to respond to it, and we may remove feedback we consider objectionable.
12. Errors, inaccuracies and omissions
Occasionally information in the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times or availability. We reserve the right to correct these and to change or update information or cancel orders at any time without prior notice, including after you have submitted your order.
13. Prohibited uses
You may use the Services for lawful purposes only. You may not use them for any unlawful or malicious purpose, to violate any law, to infringe intellectual property rights, to harass or harm any person, to transmit false or misleading information, to send unsolicited advertising, or to impersonate any person or entity. You also agree not to upload malicious code, resell or exploit any portion of the Services, collect other people's personal information, or use scraping, data-extraction or automated tools to access the Services, or to interfere with or circumvent our security measures. We may suspend or terminate access at any time if we determine that you have violated these Terms.
14. Agents
This section applies if you deploy any software or service that takes autonomous or semi-autonomous action on your behalf (an "Agent") to interact with the Services. Agents may only access the Services if they identify themselves as an Agent in the user agent string of every request, do not conceal or obfuscate their automated nature, do not mimic human behaviour or circumvent measures intended to distinguish humans from computers, respond truthfully to questions about whether they are human, and do not evade any measure we use to control Agent access. We may limit, including by technical means, whether and how any Agent accesses the Services.
15. Termination
We may terminate this agreement or your access to the Services at our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. Sections that by their nature should survive termination will continue to apply.
16. Disclaimer of warranties
Information presented through the Services is provided for general information purposes only. We do not warrant its accuracy, completeness or usefulness, and any reliance on it is at your own risk. Except as expressly stated by WE MADE SKIN, the Services and all products offered through them are provided "as is" and "as available" without representations, warranties or conditions of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, durability, title and non-infringement. We do not guarantee that your use of the Services will be uninterrupted, timely, secure or error-free. Some jurisdictions do not allow such disclaimers, so they may not apply to you.
17. Limitation of liability
To the fullest extent permitted by law, neither WE MADE SKIN nor our partners, directors, officers, employees, affiliates, agents, contractors, service providers or licensors, nor those of Shopify, will be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including lost profits, lost revenue, lost savings, loss of data or replacement costs, arising from your use of the Services or of any product obtained through them, even if advised of their possibility.
18. Indemnification
You agree to indemnify, defend and hold harmless WE MADE SKIN, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any losses, damages, liabilities or claims, including reasonable legal fees, arising out of your breach of these Terms, your violation of any law or the rights of a third party, or your access to and use of the Services.
19. Severability
If any provision of these Terms is determined to be unlawful, void or unenforceable, it shall be enforceable to the fullest extent permitted by law and the unenforceable portion shall be severed, without affecting the validity of the remaining provisions.
20. Waiver; entire agreement
Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision. These Terms, together with any policies we post, constitute the entire agreement between you and us and supersede any prior agreements or proposals. Any ambiguities shall not be construed against the drafting party.
21. Assignment
You may not delegate, transfer or assign these Terms or any of your rights or obligations under them without our prior written consent, and any attempt to do so is void. We may transfer, assign or delegate these Terms and our rights and obligations without notice.
22. Governing law
These Terms and any separate agreements under which we provide Services are governed by and construed in accordance with the laws of the jurisdiction in which WE MADE SKIN is headquartered, and you and WE MADE SKIN consent to venue and personal jurisdiction in those courts.
23. Headings
Headings are included for convenience only and do not limit or otherwise affect these Terms.
24. Changes to these Terms
You can review the most current version of these Terms at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of them by posting updates to this website. Your continued use of the Services following any change constitutes acceptance of that change.
25. Contact information
Questions about these Terms should be sent to us@wemadeskin.com.
WE MADE SKIN
us@wemadeskin.com
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