TERMS OF SERVICE
(last updated: August 24, 2018)
These Terms of Service (“Terms”, “Terms of Service”) are a legal agreement between Rose Shell, LLC (“DBA Arôms Natur Skincare”) (registration No.: EIN_47-5407216, registered: New York, NY 10013, e-mail: firstname.lastname@example.org) and you, the user of our website, including our online store hosted on Shopify, or any mobile application (together, the “Site”) offered by us.
This Site is operated by Rose Shell LLC. Arôms Natur Skincare 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. Throughout the site, the terms “we”, “us” and “our” refer to Arôms Natur Skincare. By accessing, purchasing and/or using any part of the site, you agree to be bound by these Terms of Service, 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, customers, retailers, wholesalers and/ or contributors of content.
Please read these Terms carefully before accessing or using our website. If you do not agree to these Terms, you may not access the Site or use any of our services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
Any new features or tools which are added to the current Site or 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 by posting updates and/or changes to our Site. The amended version will automatically apply and replace the older one when you access or use our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
Our store is hosted by Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you, their terms also apply to any transaction. Terms of Shopify Inc. may be found at https://www.shopify.com/legal/terms
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you acknowledge that you are at least the age of majority in your state or province of residence.
You may only use our Site and purchase goods if you are eighteen (18) years and older and can form legally binding contracts under applicable law.
If you are under the age of eighteen (18), you must at all times use our Site only in conjunction with and under the supervision of a parent or legal guardian who is at least eighteen (18) years of age. In these cases, the supervising adult is responsible for any and all activities conducted on or through our Site. You represent and warrant that you are at least eighteen (18) years old, or that you are using our Site under the supervision of an adult parent or legal guardian, and that all registration information you submit is accurate and truthful.
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. In case of damages caused by you, we may seek for appropriate indemnification, in case of a crime, we shall report it to the competent authority.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse to offer Service of our Site to anyone for any reason at any time, to any person or entity and change our eligibility criteria at any time and reserve the right not to sell our products in our sole discretion. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.
You understand that any content you provide to us on our Site (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.
We are the sole and exclusive owner of the website and all connecting intellectual properties and all relating rights – especially, but not limited to: texts, photographs, images, illustrations, audio and video clips, graphic materials and other representations (hereinafter referred as Content).
The website and the Content are protected by copyright, trademark and other related laws.
You agree not to reproduce, duplicate, copy, modify, transfer, license, display, transmit, sell, resell or exploit any portion of the Site, Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, furthermore, to create derivative or translated versions without the prior written consent of us without express prior written permission by us. Any kind of unauthorized use, copy, duplication etc. cause substantial damages for us you are responsible for. In case of crime, we shall report to the competent authority.
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 do our best to keep our site updated. However, 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.
Our website provides general information about Arôms Natur Skincare and offers the opportunity to purchase its products. The information provided at the Site is not intended to provide medical advice. You should not construe Arôms Natur Skincare publication of any content on the Website as any warranty or guarantee of any recommendation, treatment, action or application of any product. Users of the Site should be aware that no regulatory agency has deemed the products described herein to be effective or intended to diagnose, treat, cure or prevent any disease. You use our products at your own risk. If you have any diseases or intolerance against any ingredients of our products please consult with your doctor or a dermatologist prior to use.
The Site contains information about products sold in the United States and is intended for a United States audience. If you live outside the United States, you may see information on Site about products, but you cannot buy from our Site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without prior notice.
We reserve the right to modify or discontinue the Site (or any part or content thereof, including our products) 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 may be available exclusively online through the website. These products 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. The pictures are for demonstration purposes only, the actual product may differ from the visual material used on the website shop. These perceived differences are not binding to the Seller. Obvious errors or mistakes are not binding to us.
We only have the right to the sales of our products to any person or entity in the geographic region or jurisdiction of the United States of America, Puerto Rico and Canada. We may restrict the territories without any prior notice.
All descriptions of products or product pricing are subject to change at any time 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.
Our products are sold as-is. 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 products 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. We reserve the right but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors non-authorized by us.
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 or connected in any other way. In the event that we make a change to or cancel an order, we will 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.
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. You are responsible for the accuracy of this information. You are liable for the actuality and correctness of all information provided by you. You shall bear all liabilities arisen in connection with improper or untrue data provided by you. For more detail, please review our Returns Policy.
Arôms Natur Skincare requires an active, valid billing phone number and may require phone authorization for all online orders over $500.
SECTION 7 - OPTIONAL TOOLS THIRD-PARTY TOOLS; FUTURE SERVICES, FEATURES OR TOOLS
We may provide you with access to third-party tools which we neither monitor nor have any control over nor input, including but not limited to our store platform which is provided and operated by Shopify.
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
Our Site may contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, do not endorse them, and accept no responsibility for them or for any loss or damage that may arise from your use or access of them. If you decide to access any of the third party websites linked from the Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If you send certain specific submissions to us, with or without our request 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.
By reviewing a product on our Site, you acknowledge, agree and consent that we may, but are not obligated to publish your name and other personally identifiable information about you alongside your review on our site or elsewhere. You further acknowledge and agree that you will not be compensated for any such reviews.
You guarantee 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. We keep the right to move any comment, which we consider to be harmful or contradictory to Arôms Natur Skincare’s values and purposes.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS
Despite our efforts, there may be information on our site or in the Terms of 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 Site 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 Terms of Service or on any related website, including without limitation, pricing information, except as required by the applicable law. No specified update or refresh date applied in the Terms of 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 Site or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Site or any related website for violating any of the prohibited uses as determined in the sole discretion of Arôms Natur Skincare.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that the results that may be obtained from the use of the service will be accurate or reliable. We do not make any warranties that the Site will be uninterrupted, secure or error-free or that your use of the site will meet your expectations, or that the Site, products, content, or any portion thereof, is correct, 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 Site is at your sole risk. The Site and all products and services delivered to you through the Site 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 or statutory, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or items obtained through the Site or to your accessing of any material posted on it, or any website linked to it. We reserve the right to change any part of the Site at any time without prior notice.
You agree that in no case shall Arôms Natur Skincare, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors 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, under any legal theory, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use or inability to use of any of the service or any products procured using the Site, 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. In no event shall our aggregate liability arising out of these terms or your use of our site or services, whether in contract, tort or otherwise, exceed the greater of (A.) the amount of fees paid by you to purchase the content or products that gave rise to such liability, or (B.) $100. 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.
Arôms Natur Skincare reserves the right to seek all remedies available at law or in equity for violations of these Terms of Service, including the right to block access from a particular internet address to the Website.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Arôms Natur Skincare and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, 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
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 and our services/products.
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).
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
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 Site, 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 and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) are governed by the laws of New York, without regard to its conflicts of law provisions. Any claim or controversy arising out of or related to these Terms of Services shall be governed by and construed in accordance with the laws of New York, NY 10013. Each party agrees to submit to the jurisdiction of, and agrees that the venue is proper in such court in any such legal action or proceeding.
The Parties accept the exclusive jurisdiction of New York, NY 10013.
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 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 email@example.com