Terms of service

OVERVIEW

Welcome to The Skincare Cove! The terms “we”, “us” and “our” refer to The Skincare Cove LLC. The Skincare Cove LLC operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). The Skincare Cove is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.

Please read these Terms of Service 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 of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS AND SKINCARE INFORMATION

We have made every effort to provide an accurate representation of our products and services in our online store. However, colors or product appearance may differ from how they appear on your screen due to the type of device you use and your device settings and configuration.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or appear exactly the same as depicted or rendered in our online store.

All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region, or jurisdiction on a case-by-case basis.

Product information provided through The Skincare Cove is intended for general educational and informational purposes only and is not medical advice. Individual results and skin responses vary. Customers should review product directions and ingredient information carefully and discontinue use if irritation occurs.

If you have a medical condition, known allergy, persistent skin concern, or other health-related concern, you should consult an appropriate healthcare professional before beginning a new skincare product or routine.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. The Skincare Cove reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until The Skincare Cove confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting it. Because orders may be submitted to our fulfillment supplier shortly after purchase, we cannot guarantee that an order can be changed or canceled once processing has begun.

In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you using the email address, billing information, or other contact information provided when the order was placed.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email.

Unless otherwise expressly stated, posted prices do not include applicable taxes, shipping charges, handling charges, customs charges, or import charges.

Prices posted in our online store may differ from prices offered by manufacturers, third-party retailers, or other sellers.

We may offer promotions from time to time that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms of a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete and accurate purchase, payment, and account information for all purchases made through our store. You agree to promptly update your account and other information, including your email address and payment information, so that we can complete transactions and contact you as needed.

You represent and warrant that the payment information you provide is true, correct and complete, that you are authorized to use the payment method provided, and that charges incurred by you will be honored by your payment provider.

SECTION 5 - SHIPPING AND DELIVERY

Products purchased through The Skincare Cove may be fulfilled and shipped directly to you by a third-party fulfillment supplier, including Skin Script. The Skincare Cove remains your point of contact for questions concerning orders placed through our website.

Shipping and delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, fulfillment providers, weather, incorrect or incomplete shipping information supplied by the customer, or other events outside our reasonable control.

Customers are responsible for providing a complete and accurate shipping address at checkout. Additional costs resulting from an incorrect or incomplete address may be the responsibility of the customer where permitted by law.

Shipping charges, available delivery methods, and any free-shipping thresholds offered by The Skincare Cove will be displayed at checkout and are further described in our Shipping Policy.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to text, displays, images, graphics, product reviews, video, audio, design, selection and arrangement, are owned by The Skincare Cove, its affiliates, licensors, manufacturers, suppliers, or other respective rights holders and are protected by U.S. and foreign intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit material from the Services without permission from the applicable rights holder, except where otherwise permitted by law.

Nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property belonging to The Skincare Cove, Shopify, Skin Script, or any other third party.

The Skincare Cove names, logos, designs, and original materials owned by The Skincare Cove may not be used without prior written permission.

Shopify’s name, logo, product and service names, designs, and slogans are trademarks of Shopify. Skin Script names, product names, logos, packaging, imagery, and other proprietary materials are owned by or licensed to their respective rights holders. All other names, logos, product names, service names, designs, and slogans appearing through the Services are the property of their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have complete control over.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without warranties, representations, or conditions of any kind and without endorsement. To the extent permitted by law, we shall have no liability arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is at your own discretion, and you should ensure that you understand and agree to the terms on which those tools are provided by the relevant third-party provider.

We may also offer new features, tools, or resources through the Services in the future. Such features shall also be deemed part of the Services and subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party functionality.

We are not responsible for examining or evaluating the content, accuracy, availability, or practices of third-party websites you choose to access. If you leave the Services to access third-party materials or websites, you do so at your own risk.

We are not liable for harm or damages related to your access to third-party websites or your purchase or use of products, services, resources, or content made available through such websites.

Please carefully review the policies and practices of third parties before engaging in a transaction with them. Complaints, claims, concerns, or questions regarding purchases made directly from third parties should be directed to those third parties.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

The Skincare Cove is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with The Skincare Cove.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and The Skincare Cove, including any injury, damage, or loss resulting from purchased products and services.

You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with The Skincare Cove, to the extent permitted by applicable law.

SECTION 10 - PRIVACY POLICY

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.

By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information relating to your access to and use of the Services in order to provide and improve the Services.

Information you submit through the Services may be transmitted to and shared with Shopify and other service providers, including providers located outside the state or country in which you reside, where necessary to provide the Services.

Please review our Privacy Policy for additional information about how personal information may be collected, used, and shared.

SECTION 11 - FEEDBACK

If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, photographs, testimonials, or other content to us (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for purposes related to operating, evaluating, improving, or promoting the Services, subject to applicable law.

You represent and warrant that you own or have all necessary rights to the Feedback you submit, that you have disclosed any compensation or incentives received in connection with the submission where required, and that your Feedback will comply with these Terms.

We are under no obligation to maintain Feedback in confidence, pay compensation for Feedback, or respond to Feedback unless otherwise required by law or separately agreed in writing.

We may monitor, edit, or remove Feedback that we determine in our discretion to be unlawful, threatening, defamatory, obscene, abusive, misleading, infringing, or otherwise inappropriate.

You agree that your Feedback will not violate the rights of any third party, including copyright, trademark, privacy, publicity, or other proprietary rights.

You are solely responsible for Feedback you submit and its accuracy.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or through the Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times, inventory, availability, or other matters.

We reserve the right to correct errors, inaccuracies, or omissions and to change or update information or cancel orders if information is inaccurate at any time without prior notice, including after you have submitted your order, subject to applicable law.

SECTION 13 - PROHIBITED USES

You may access and use the Services for lawful purposes only.

You may not access or use the Services, directly or indirectly:

(a) for any unlawful or malicious purpose;

(b) to violate any international, federal, state, provincial, or local law, regulation, rule, or ordinance;

(c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

(d) to harass, abuse, insult, harm, defame, slander, disparage, or intimidate another person;

(e) to transmit false or misleading information;

(f) to upload, download, transmit, or use material that violates these Terms;

(g) to transmit unsolicited advertising, junk mail, spam, chain letters, or similar solicitations;

(h) to impersonate another person or entity; or

(i) to engage in conduct that restricts or inhibits another person’s use or enjoyment of the Services or that may harm The Skincare Cove, Shopify, other users, or third parties.

In addition, you agree not to upload or transmit viruses or malicious code, improperly copy or exploit portions of the Services, collect or track the personal information of others without authorization, engage in phishing or similar practices, interfere with security features, or circumvent measures designed to control access to the Services.

We reserve the right to suspend, disable, or terminate access to the Services if we determine that these Terms have been violated.

SECTION 14 - AGENTS

14.1 This section (“Agent Terms”) applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. “Agent” means software or a service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, a person or entity and that can execute actions without direct supervision.

14.2 No Agent may access, use, or interact with the Services unless it identifies itself and operates in accordance with applicable technical requirements and these Terms. No Agent may access or interact with the Services if we have requested that the Agent refrain from doing so.

14.3 We may limit, including by technical measures, whether and how an Agent accesses, uses, or interacts with the Services.

14.4 Agents must not conceal or misrepresent that access or interaction is being performed by automated software, circumvent security measures or CAPTCHAs, falsely represent themselves as human users, or bypass measures intended to limit automated access.

SECTION 15 - TERMINATION

We may terminate this agreement or your access to the Services, or any portion thereof, in our discretion where permitted by law.

You will remain responsible for amounts properly due up to and including the date of termination.

Sections that by their nature should survive termination, including provisions relating to Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Governing Law, and Privacy, shall continue to apply following termination.

SECTION 16 - DISCLAIMER OF WARRANTIES AND SKINCARE INFORMATION

Information presented on or through the Services is made available for general informational and educational purposes.

Skincare education, product recommendations, and virtual consultation services provided through The Skincare Cove are intended to help customers better understand skincare products and routines. They are not intended to diagnose, treat, cure, or prevent any disease or medical condition and are not a substitute for care from a qualified medical professional.

Individual skin responses and results vary. We do not guarantee any particular result from the use of a skincare product, routine, recommendation, or consultation.

To the fullest extent permitted by applicable law, the Services and products offered through the Services are provided “as is” and “as available,” except where an express warranty is provided by the applicable product manufacturer or required by law.

We do not guarantee, represent, or warrant that use of the Services will be uninterrupted, timely, secure, or error-free.

Some jurisdictions limit or do not allow certain disclaimers of implied warranties, so some of the above disclaimers may not apply to you.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO CASE SHALL THE SKINCARE COVE, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS PROCURED THROUGH THE SERVICES.

THIS INCLUDES, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THEIR POSSIBILITY.

Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by applicable law.

SECTION 18 - INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless The Skincare Cove, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from losses, damages, liabilities, or claims, including reasonable attorneys’ fees, payable to a third party arising out of:

(1) your material breach of these Terms or policies incorporated by reference;

(2) your violation of applicable law or the rights of a third party; or

(3) your misuse of the Services.

We will notify you of an indemnifiable claim where reasonably practicable. You agree to cooperate in the defense of such claims.

SECTION 19 - SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall be enforceable to the fullest extent permitted by applicable law, and any unenforceable portion shall be deemed severed from these Terms.

Such determination shall not affect the validity or enforceability of the remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce a right or provision of these Terms shall not constitute a waiver of that right or provision.

These Terms, together with policies and operating rules posted through the Services, constitute the entire agreement between you and us regarding your use of the Services and supersede prior or contemporaneous agreements, communications, or proposals relating to that use.

Any ambiguities in the interpretation of these Terms shall not automatically be construed against the drafting party.

SECTION 21 - ASSIGNMENT

You may not delegate, transfer, or assign these Terms or your rights or obligations under them without our prior written consent, except where otherwise permitted by law.

We may transfer, assign, or delegate these Terms and our rights and obligations in connection with a sale, transfer, restructuring, or other lawful change to our business.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Florida and applicable federal law, without regard to conflict-of-law principles.

Subject to applicable consumer protection laws, you and The Skincare Cove consent to venue and personal jurisdiction in the appropriate state or federal courts located in Florida.

SECTION 23 - HEADINGS

The headings used in these Terms are included for convenience only and will not limit or otherwise affect the interpretation of these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms of Service at any time on this page.

We reserve the right, in our discretion, to update, change, or replace portions of these Terms by posting updates and changes to our website.

Where required by applicable law, we will provide notice of material changes.

Your continued use of the Services after changes become effective constitutes acceptance of the revised Terms to the extent permitted by law.

SECTION 25 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to:

The Skincare Cove LLC
skincarecoveaesthetics@gmail.com