Terms of Use

 

OVERVIEW

This website is operated by EarSkin. This website, including all information, tools and services available from it, is offered by Winter Bear to you, the user, conditioned on your acceptance of all of the terms, conditions, policies and notices contained herein.

By visiting our site and/or purchasing anything from us, you are participating in our "Service" and agree to be bound by the following terms and conditions ("Terms and Conditions", "Terms of Use"), including the terms, conditions and policies referenced and/or hyperlinked herein. These Terms of Use apply to all users of the Site, including, but not limited to, persons who are visitors, suppliers, customers, merchants and/or content providers. Please read these terms of use carefully before accessing and using our site. By accessing or using any part of the site, you agree to be bound by these terms of use.

If you do not agree to all of the terms of this agreement, you may not be able to access the website or use its services. If these terms of use are considered an offer, acceptance is expressly limited to these terms.

Any new tools or features added to this shop are also subject to the terms of use. You can view the most recent version of the terms of use at any time on this page. We reserve the right to update, modify or replace any part of these Terms of Use by posting such updates and/or modifications on our website. It is your responsibility to check this page from time to time for changes. Your continued access or use of the website following the posting of changes will mean that you accept those changes.

Our shop is hosted on Shopify Inc. which provides us with the online e-commerce platform that allows us to sell our products and services to you.



SECTION 1 - TERMS OF USE OF THE ONLINE SHOP

By agreeing to these Terms of Use, you represent that you are at or above the age of majority in your region, province or state and that you have given us permission to allow any minor under your care to use this site.

You must not use our products for any illegal or unauthorised purpose, nor must you breach any laws in your jurisdiction when using the service (including, without limitation, copyright laws).

You must not transmit any worms, viruses or any code of a destructive nature.

A breach or default of any of the Terms will result in immediate termination of your services.



SECTION 2 - TERMS AND CONDITIONS

We reserve the right to refuse service to anyone at any time and for any reason.

You understand that your content (except for credit card information) may be transferred without encryption and that this includes (a) transmissions over multiple networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Your credit card information is always encrypted when transferred over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the service, any use of or access to the service, or any contact on the website through which the service is provided, without our express written permission.

The headings used in this Agreement are included for convenience only and do not limit or affect these Terms. These Terms are provided for informational purposes only and do not limit or affect these Terms in any way.



SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We shall not be liable if the information provided on this site is inaccurate, incomplete or out of date. The content of this site is provided for general information purposes only and should not be relied upon or used as the sole basis for making decisions without consulting greater, more accurate, more complete or more current sources of information. If you rely on the content of this site, you do so at your own risk.

This site may contain historical information. By definition, historical information is not current and is provided for reference purposes only. We reserve the right to change the content of this site at any time, but we are under no obligation to update the information contained herein. You acknowledge that it is your responsibility to monitor changes to our site.



SECTION 4 - CHANGES IN SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right to modify or terminate the Service (or any part thereof) at any time without notice.

We will not be liable to you or any third party for any change in price, or any modification, suspension or discontinuance of the Service.



SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may only be available online through the website. Quantities of such products or services may be limited and their return or exchange is strictly subject to our Returns Policy.

We have endeavoured to present the colours and images of the products on the shop as accurately as possible. However, we cannot guarantee the accuracy of the colours displayed on your computer screen. We reserve the right, but are not obligated, to limit the sale of our products or services to any particular person, geographic area or jurisdiction. We reserve the right to exercise this right on a case-by-case basis. We reserve the right to limit the quantities of products or services we offer. All product descriptions and prices are subject to change at any time, without notice and at our sole discretion. We reserve the right to discontinue the sale of any product at any time. Any offer of products or services on this site is void where prohibited by law.

We do not warrant that the quality of products, services, information or other materials purchased or obtained by you will meet your expectations or that any errors in the service will be corrected.



SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order placed by you. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or on the same customer account, the same credit card and/or orders using the same billing and/or shipping address. If we change or cancel an order, we may attempt to notify you by contacting you using the email address and/or billing address or telephone number provided at the time of ordering. We reserve the right to limit or prohibit orders that we believe have been placed by dealers, resellers, or distributors.You agree to provide current, complete, and accurate purchase and account information for all purchases made in our shop. You agree to provide current, complete and accurate purchase and account information for all purchases made in our shop. 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 process your transactions and contact you if necessary.

For more information, please see our Return Policy.


SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third party tools that we do not monitor, control or administer.

You acknowledge and agree that we provide access to these tools on an "as is" and "as available" basis, without any warranties, representations or conditions of any kind and without any endorsement. We are not responsible for anything arising out of or relating to your use of the optional third party tools.

Any use by you of the Optional Tools offered on the Site is entirely at your discretion and risk. In addition, it is your responsibility to inform yourself of the terms and conditions under which such tools are provided by the relevant third party supplier(s) and to agree to those terms and conditions.

We may also, in the future, offer new services and/or features through the website (including the provision of new tools and resources). These new services and/or features will also be subject to these Terms of Use.



ARTICLE 8 - LINKS TO THIRD PARTIES

Certain content, products and services accessible through our Service may include materials from third parties.

Third party links on this site may direct you to third party websites that are not affiliated with us. We are not required to review or evaluate their content or accuracy, and we do not warrant or assume any responsibility for the content or websites, or any other content, products or services of third party sources.

We are not responsible for any harm or damage related to the purchase or use of goods, services, resources, content or any other transaction related to these third party websites. Please read the policies and practices of these third parties carefully and make sure you understand them before engaging in any transactions. Complaints, claims, concerns or questions regarding third party products should be directed to such third parties.



SECTION 9 - COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you submit specific content (for example, as part of your participation in contests), or if, without our request, you send creative ideas, suggestions, proposals, plans or other materials, whether online, by e-mail, by mail or otherwise (collectively, "Feedback"), you grant us the right, at any time and without limitation, to edit, copy, publish, distribute, translate and use in any media any Feedback you send to us. We are not and will not be obligated to (1) maintain the confidentiality of any Feedback; (2) compensate anyone for any Feedback provided; or (3) respond to Feedback. We may, but are not obligated to, remove content and accounts containing content that we, in our sole discretion, deem to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or that violates any party's intellectual property or these Terms of Use. You also agree that your comments will not contain any unlawful, abusive or obscene material or any computer virus or other malicious software that may in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone you are not, or attempt to mislead us or others as to the origin of comments. You are entirely responsible for the comments you make and their accuracy. We do not accept any responsibility for comments posted by you or any third party.


ARTICLE 10 - PERSONAL INFORMATION

The transmission of your personal information on our shop is governed by our Privacy Policy. Click here to view our Privacy Policy.


SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

From time to time, there may be information on our site or the Service that contains typographical errors, inaccuracies or omissions relating to product descriptions, prices, promotions, offers, shipping charges, delivery 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 on the Service or any related website is inaccurate, at any time without notice (including after you have placed your order).

We have no obligation to update, modify or clarify any information on the Service or any related website, including, but not limited to, pricing information, except as required by law. No specific update or refresh date applied to the Service or any related website will be defined to indicate that all information offered in the Service or on any related website has been changed or updated.



SECTION 12 - PROHIBITED USES

In addition to the other prohibitions set forth in the Terms of Use, you are prohibited from using the Site or its contents:
(a) for any unlawful purpose; (b) to incite or participate in any unlawful act; (c) to violate any local ordinance or any international, federal, provincial, or state law, rule, or regulation; (d) to infringe or violate our intellectual property rights or those of others; (e) harass, abuse, insult, hurt, defame, slander, libel, intimidate or discriminate against anyone on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) submit false or misleading information (g) upload or transmit viruses or any other type of malicious code that will or may be used to impair the functionality or operation of the Service or any associated website, other websites or the Internet (h) collect or track the personal information of others; (i) spam, phish, hijack, extort information, browse, search or scan the web; (j) for obscene or immoral purposes; or (k) interfere with or circumvent security measures of the Service or any associated website, other websites or the Internet. We reserve the right to terminate your use of the Service or any related website if you violate any of the prohibited terms of use.

 

SECTION 13 - DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

We do not warrant or represent that your use of our Service will be uninterrupted, secure, timely or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that, from time to time, we may withdraw the Service for indefinite periods or cancel it at any time without notice. You expressly agree that your use of or inability to use the Service is at your sole risk. The service and all products and services provided to you through it are (except as expressly stated by us) provided on an "as is" and "as available" basis for your use without representation, warranty or condition of any kind, express or implied, including all implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title and non-infringement. In no event shall Revolt Hair™, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, and licensors be liable for any injury, loss, claim, or direct, indirect, incidental, punitive, special, or consequential damages, including, but not limited to, loss of profits, revenue, savings, or data, replacement costs, or other similar damages, whether in contract, tort (even negligence), strict liability or otherwise, arising out of your use of the service or any service or product using the service, or any other claim related in any way to your use of the service or any product, including, but not limited to, errors or omissions in any content, or any loss or damage arising out of the use of the service or any content (or product) posted, transmitted or otherwise made available through the service, even if you have been advised of the possibility of such claims. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in such states or jurisdictions shall be limited to the maximum extent permitted by law.


SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold Winter Bear and our parents, 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 Use or the documents referenced herein or your violation of any law or the rights of another.



SECTION 15 - SEVERABILITY

If any provision of these Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall nonetheless be enforced to the maximum extent permitted by law, and the unenforceable portion shall be deemed severable from these Terms of Use, without affecting the validity and enforceability of any remaining provisions.


SECTION 16 - TERMINATION

The obligations and liabilities incurred by the parties prior to the date of termination shall survive the termination of this Agreement for all purposes.

These Terms of Use will remain in effect unless and until terminated by you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our services, or when you cease using our site. If we determine or suspect, in our sole discretion, that you are not complying or have failed to comply with any term or provision of these Terms of Use, we may also terminate this agreement at any time without notice. You will then remain liable for all sums due up to and including the date of termination, whereupon we may deny you access to our services (or any part thereof).


SECTION 17 - ENTIRE AGREEMENT

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

These Terms of Use or any other operating policies or rules posted by us on this site or relating to the Service constitute the entire agreement and understanding between you and us, and govern your use of the Service. They supersede all prior and contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, without limitation, any prior version of the Terms of Use). Any ambiguity in the interpretation of these Terms of Service shall not be construed to the detriment of the party that drafted them.


ARTICLE 18 - APPLICABLE LAW

These Terms of Service, as well as any separate agreements whereby we provide you with the Services, shall be governed by and construed in accordance with the laws of 5 Avenue du Général de Gaulle, Saint-Mandé, IDF, 94160, France.



SECTION 19 - CHANGES TO THE TERMS OF USE

You may review the most current version of the Terms of Use at any time on this page.

We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms of Use by posting such updates and/or modifications on our website. It is your responsibility to check our website from time to time to see if any changes have been made. Your continued access or use of our website and the Service following the posting of changes to these Terms of Use constitutes your acceptance of those changes.


SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Use should be sent to us at contact@proearskin.com.



5 Avenue du Général de Gaule , Saint Mandé France