Terms & Conditions of Use

 

 

1. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU.  PLEASE READ IT CAREFULLY.

THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS.

BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. 

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH ABSORB SKINCARE, LLC OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

These terms and conditions (these “Terms”) apply to the purchase and sale of products and services through www.absorbskincare.com (the “Site”). These Terms are subject to change by absorb skincare, LLC (hereinafter referred to as “us”, “we”, “our” and/or “absorb skincare”) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms before purchasing any product or services that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.

These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products or services through this Site.

2.  Order Acceptance.

You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation/shipping notification via e-mail. Acceptance of your order and the formation of the contract of sale between absorb skincare and you will not take place unless and until you have received your order confirmation shipping notification e-mail. 

3.  Prices and Payment Terms. 

(a)  All prices posted on this Site 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/shipping notification e-mail. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes. All taxes will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation/shipping notification e-mail.  

(b)  Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept Visa, MasterCard®, American Express, PayPal®, and Apple Pay for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

4.  Shipments; Delivery; Title and Risk of Loss. 

  1. Packages within the USA will always ship complimentary, via the United States Postal Service (“USPS”) Priority Mail.  We currently do not ship internationally.   
     
  2. At absorb skincare, we make everything by hand, in small batches.  We pack as efficiently as possible to make sure your products can be safely shipped in the smallest box possible.  Orders generally ship within 1-2 business days following payment and usually arrive within 3-5 business days.  A shipping notification will be sent to the e-mail address you provide with your order.  Please note that we do not ship on weekends or holidays.  Any order placed on Friday thru Sunday or a national holiday will be shipped on the next business day.  We do not offer expedited shipping and/or overnight shipping due to our products being made in small batches and the potential of limited product availability on the day you place your order.
     
  3. We reserve the right to hold shipping of products during inclement weather to avoid damage to the product.  We will always contact you promptly via e-mail of any shipping changes or issues.  We ask that you inspect your order upon receipt and contact us with any questions, comments or concerns.
     
  4. Title and risk of loss pass to you upon our transfer of the products to the USPS. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

5.  Returns, Refunds and Exchanges.

We currently do not offer returns at this time.  If the product is damaged or defective please contact us within ten (10) days of receiving the products so we can replace or refund the products for you.

Refunds (if applicable)

Once your return is received and inspected, we will send you an e-mail to notify you that we have received your returned products.  We will also notify you of the approval or rejection of your refund.  If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card.

Exchanges (if applicable)

We only replace products if they are defective or damaged.  If you need to exchange it for the same item, send us an e-mail to kelly@absorbskincare.com and send your item to: P.O. Box 40281, Austin, Texas 78704.  IMPORTANT: Please contact us before sending your item so we can be prepared to receive it.

6.  Content. 

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, etc. is the property of absorb skincare or its content suppliers and protected by applicable copyright laws.  Modification or use of the material on this site violates absorb skincare’s or its content suppliers’ legal rights.

7.  Privacy Policy.

We respect your privacy and are committed to protecting it. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our Privacy Policy.

Before or at the time of collecting personal information, we will identify the purposes for which information is being collected. We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law. We will only retain personal information as long as necessary for the fulfillment of those purposes. We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned. We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification. We will make readily available to customers information about our policies and practices relating to the management of personal information.

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained. 

8.  Force Majeure.

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage. 

9.  Governing Law and Jurisdiction.

All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (of any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Texas.  Venue shall be located in Travis County, Texas.

10.  Dispute Resolution and Binding Arbitration. 

(a)  YOU AND ABSORB SKINCARE ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY.  OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. 

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. 

(b)  The arbitration will be administered by the American Arbitration Association (”AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. 

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

(c)  You may elect to pursue your claim in small-claims court, in Travis County, Texas, rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy. 

(d)   You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR ABSORB SKINCARE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, OR CLASS MEMBER GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. 

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

11.  Severability.

If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms. 

12.  Entire Agreement.

These Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.