SKIN CANDY COMPANY™ TERMS and CONDITIONS
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE PURCHASING FROM THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not place an order.
PARTICIPATION DISCLAIMER/ USE of SITE: SKIN CANDY COMPANY™ does not and cannot review all communications and materials posted to or created by users accessing the site and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, SKIN CANDY COMPANY™ is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, SKIN CANDY COMPANY™ reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to SKIN CANDY COMPANY™ in its sole discretion.
COPYRIGHT: By patronizing www.skincandycompany.com, users acknowledge that this website contains information, data, software, photographs, typefaces, graphics and product likeness and other material (collectively "Content") that are protected by copyrights, trademarks, trade secrets, or other proprietary rights under United States and other Copyright Laws as the property of SKIN CANDY COMPANY™, and that these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed. The collective work includes works that are licensed to SKIN CANDY COMPANY™. Copyright 2017, SKIN CANDY COMPANY™. ALL RIGHTS RESERVED. Permission is not granted to electronically copy and print hard copy portions of this site. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own use, only with the written consent from the owner of SKIN CANDY COMPANY™. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by SKIN CANDY COMPANY™. Users may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content of this website in whole or in part. Users may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining the permission of the owner of the copyright or other proprietary right held by SKIN CANDY COMPANY™.
TRADEMARKS: All trademarks, service marks and trade names of SKIN CANDY COMPANY™ used in the site are trademarks or registered trademarks of SKIN CANDY COMPANY™. We manufacture our own products. Our competitors often imitate us but can never duplicate us. Competitors please note that our names and styles are registered and/or in the process of registering as trademarked belonging to SKIN CANDY COMPANY™, please do not duplicate our styles or names!
WARRANTY DISCLAIMER: This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, SKIN CANDY COMPANY™ disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. SKIN CANDY COMPANY™ does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. SKIN CANDY COMPANY™ does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you. Customers Credit(s) will be issued at the sole discretion of SKIN CANDY COMPANY™. Any credit issued SKIN CANDY COMPANY™ will be provided for items that are undamaged in original packaging and shipping box which remains untampered, undamaged and free of evidence of malicious destruction. Credit will not be issued for malicious damage such as damage caused by dropping product or other abuse of product, theft, abuse, misuse, vandalism, or any consequential loss.
DISCLAIMER of WARRANTIES and LIMITATION of LIABILITY: SKIN CANDY COMPANY™ shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if SKIN CANDY COMPANY™ has been advised of the possibility of such damages. This website is provided by SKIN CANDY COMPANY™ on an "as is" and "as available" basis. SKIN CANDY COMPANY™ makes no representations or warranties of any kind, expressed or implied, as to the operation of this site. SKIN CANDY COMPANY™ will not be liable for any damages of any kind arising from the use of this site, including but not limited to direct, indirect, incidental punitive and consequential damages. No oral advice or written information given by SKIN CANDY COMPANY™ or its affiliates, nor any of their officers, directors, employees, agents, providers, or the like, shall create a warranty, nor shall users rely on any such information or advice. Under no circumstances shall SKIN CANDY COMPANY™ or any other party involved in creating, producing, or distributing this website be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use www.skincandycompany.com, including but not limited to reliance by a user on any information obtained from www.skincandycompany.com or that result from mistakes, omissions, interruptions, deletion of files or email errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access SKIN CANDY COMPANY™ records, programs, or services. This paragraph shall apply to all content merchandise and services available through www.skincandycompany.com. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the full extent permitted by law.
PRIVACY and SECURITY POLICY: SKIN CANDY COMPANY™ values its customers and respects their privacy. Any personal information that is transmitted via our website is protected by encryption technology. Once in our possession, information that has been submitted to us in the course of transacting business will be shared with certain trusted companies which may, from time to time, act on our behalf by performing such functions as fulfilling orders and delivering packages (e.g. FedEx, UPS, USPS). These entities are given only the information needed to perform their specific function and may not use such information for other purposes. Except as provided in the preceding sentence, users' non-aggregated personal information is not sold, rented, or made available to anyone other than SKIN CANDY COMPANY™.
In the event that a SKIN CANDY COMPANY™ product is mistakenly listed at an incorrect price, SKIN CANDY COMPANY™ reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. SKIN CANDY COMPANY™ reserves the right to refuse or cancel any such orders whether the order has been confirmed or not and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, SKIN CANDY COMPANY™ shall issue a credit to your credit card account in the amount of the incorrect price.
CHANGES or TERMINATION: These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be changed or terminated by SKIN CANDY COMPANY™ without notice at any time, for any reason to include order production times, shipments, available stock, etc. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
NOTICE: SKIN CANDY COMPANY™ may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to SKIN CANDY COMPANY™. Any Notice provided through such means do not supersede the Terms and Conditions.
Note: We reserve the right to rescind any wholesale account for any reason without notice. However, this doesn't happen often but is necessary for violations of our policies, which are strictly enforced, or for other malicious intent defined by SKIN CANDY COMPANY™. Please refer to our FAQ Page for additional information.
MISCELLANEOUS: Your use of this site and orders invoiced shall be governed in all respects by the laws of the state of Louisiana, U.S.A... You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of SKIN CANDY COMPANY™ products) shall be in the state or federal courts located in Lafourche or Jefferson Parish, State of Louisiana. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of SKIN CANDY COMPANY™ products) must be commenced within one (1) year after the claim or cause of action arises. SKIN CANDY COMPANY™’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. SKIN CANDY COMPANY™ may assign its rights and duties under this Agreement to any party at any time without notice to you.
INDEMNIFICATION: You agree to indemnify, defend, and hold harmless SKIN CANDY COMPANY™ its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
FRAUD PROTECTION: SKIN CANDY COMPANY™ reserves the right to cancel any order placed through this website for any reason, including but not limited to suspicion of fraud. SKIN CANDY COMPANY™ also reserves the right to terminate or suspend any user's access to any part of this website without notice for any conduct that SKIN CANDY COMPANY™, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another user, a third-party provider, a service provider, or SKIN CANDY COMPANY™.