1. Introduction

Welcome to Fyne Skin Care. These Terms of Service ("Terms") govern your use of the website fyneskincare.com (our "Site") and any products or services offered by Fyne Skin Care ("we," "us," or "our"). By accessing our Site or using our services, you agree to comply with and be bound by these Terms. If you do not agree with these Terms, please do not use our Site or services.

2. Eligibility

You must be at least 18 years old to use our Site and services. By using our Site, you represent and warrant that you meet this eligibility requirement.

3. Account Registration

3.1. To access certain features of our Site, you may need to create an account. You agree to provide accurate, current, and complete information during the registration process.

3.2. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.3. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

4. Product Information and Pricing

4.1. We strive to provide accurate product descriptions and pricing information. However, we do not warrant that product descriptions or prices are accurate, complete, or current.

4.2. We reserve the right to modify prices, discontinue products, or correct errors at any time without prior notice.

5. Orders and Payments

5.1. All orders are subject to acceptance and availability. We reserve the right to refuse or cancel any order for any reason.

5.2. Payment for orders must be made through the methods provided on our Site. You agree to provide current, complete, and accurate purchase and account information.

5.3. By placing an order, you warrant that you are authorized to use the designated payment method.

6. Shipping and Delivery

6.1. Shipping costs and estimated delivery times will be provided during the checkout process.

6.2. We are not responsible for delays or errors in delivery that are beyond our control.

7. Returns and Refunds

Please refer to our separate Returns & Exchanges Policy for information on returns, exchanges, and refunds.

8. Intellectual Property

8.1. All content on our Site, including text, graphics, logos, images, and software, is the property of Fyne Skin Care or its licensors and is protected by copyright and other intellectual property laws.

8.2. You may not use, reproduce, distribute, or create derivative works based on our content without our express written consent.

9. User Content

9.1. By submitting any content to our Site (e.g., reviews, comments), you grant us a non-exclusive, royalty-free, perpetual, and worldwide license to use, modify, publicly display, and distribute such content on our Site.

9.2. You are solely responsible for any content you submit and warrant that you have all necessary rights to grant us the license described above.

10. Disclaimer of Warranties

10.1. Our Site and services are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied.

10.2. We do not warrant that our Site will be uninterrupted, error-free, or free of viruses or other harmful components.

11. Limitation of Liability

11.1. To the fullest extent permitted by applicable law, Fyne Skin Care, its officers, directors, employees, agents, suppliers, or licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

a) Your access to or use of or inability to access or use the Site or services; b) Any conduct or content of any third party on the Site; c) Any content obtained from the Site; and d) Unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.

11.2. In no event shall our aggregate liability for all claims relating to the Site or services exceed the greater of $100 or the amount paid by you to Fyne Skin Care in the last 12 months.

11.3. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. In such cases, our liability will be limited to the fullest extent permitted by law.

11.4. You acknowledge and agree that the limitations of liability set forth above are fundamental elements of the basis of the bargain between Fyne Skin Care and you, and will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose.

12. Indemnification

12.1. You agree to defend, indemnify, and hold harmless Fyne Skin Care, its parent company, officers, directors, employees, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

a) Your violation of these Terms; b) Your use of the Site or services; c) Your user content; d) Your violation of any rights of a third party, including but not limited to intellectual property rights, privacy rights, or publicity rights; or e) Your violation of any applicable laws, rules, or regulations.

12.2. Fyne Skin Care reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Fyne Skin Care.

12.3. This indemnification obligation will survive the termination or expiration of these Terms and your use of the Site or services.

12.4. If you are a consumer, the indemnification obligation under this section only applies to the extent permitted by applicable law.

13. Privacy Policy

Your use of our Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

14. SMS Marketing (Text Notifications)

14.1. By opting into Fyne Skin Care's SMS marketing, you agree to receive recurring text notifications, including order updates, abandoned cart reminders, and marketing offers.

14.2. Message frequency varies. Consent is not a condition of purchase.

14.3. To unsubscribe, reply STOP to any message or use the provided unsubscribe link.

14.4. Message and data rates may apply. For help, text HELP or contact support@fyneskincare.com.

15. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting on our Site. Your continued use of our Site after any changes constitutes acceptance of the modified Terms.

16. Governing Law and Dispute Resolution

16.1. These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of law provisions.

16.2. Any dispute arising out of or relating to these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association (AAA). The arbitration shall be conducted in Wyoming, unless otherwise agreed by both parties.

16.3. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER.

16.4. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this arbitration section will be null and void.

16.5. This arbitration agreement will survive the termination of your relationship with Fyne Skin Care.

17. Contact Information

If you have any questions about these Terms, please contact us at support@fyneskincare.com.

Last updated: September 17, 2024