Seraphic Skincare, Inc.
Terms of Sale
www.seraphic-skincare.com is operated by Seraphic Skincare, Inc.. Throughout these “Terms of Sale” we use the terms “we”, “us”, “our”, or the “Company” to refer to Seraphic Skincare, Inc.. We refer to any person accessing or using this website as “You,” or the “User.”
INCORRECT, DAMAGED, OR LOST PRODUCTS
If the Company has accidentally sent incorrect products to you, or the products ordered by you are damaged or lost in transit, the Company will rectify the situation by replacing the products as quickly as possible at no expense to you. However, you must notify the Company of any claimed shipping error or damage within five (5) days of receipt of products; in the case of products loss in transit, you must notify the Company within seven (7) days of receiving their shipping confirmation that the products have not been received. Your failure to give such notice within that five-day period for incorrect or damaged products, or within a seven-day period for lost products (the “Inspection Periods”), shall be deemed a waiver of your claim for incorrect, damaged, or lost shipments. If any product is found to be damaged or incorrect, you must save all contents and packing materials and include these in the return package to the Company. The Company will arrange for the return of any incorrect or damaged products through United Parcel Service (“UPS”). In the event that you return any such incorrect or damaged products through a carrier of your own choosing or without using the shipping label provided by the Company, then you shall be responsible for all costs related to the return and shall not be eligible for reimbursement by the Company for shipping costs. Once the Company is able to confirm that the products’ return has been processed through UPS, a replacement order will be issued. In no case will the Company issue a monetary return for incorrect, damaged, or lost products; your only remedy in such cases is replacement.
COMPLAINTS, CREDITS, AND REPLACEMENTS
If you are unsatisfied with any products ordered (for any reason other than error, damage, or loss) you may initiate a return from your online account page within thirty (30) days of delivery of the products. The Company will respond to all reasonable inquiries and complaints by you relating to the quality, performance, and durability of the products.
Once a return has been initiated, the Company shall send you return shipping labels and will refund your purchase. In the event that you return any such incorrect or damaged products through a carrier of your own choosing or without using the shipping label provided by the Company, then you shall be responsible for all costs related to the return and shall not be eligible for reimbursement by the Company for shipping costs. Original shipping charges are not refundable, and a 10% restocking fee may be deducted from your refund. Products to be returned must be in resalable condition and must not show signs of use or wear.
PLEASE READ CAREFULLY THIS SECTION CAREFULLY:
Please be advised that the products offered by the Company are not intended to diagnose, cure, mitigate, prevent, or treat any disease or health condition and they are not to be considered a medical device. The Company’s products have not been evaluated by the Food & Drug Administration. You should test each product formula on a small portion of skin and wait 24 hours before generalized usage. The products should never be applied to wounds, open cuts, chemical or physical burns, or similarly damaged skin. You should consult with a medical professional before using the products if you are pregnant, breastfeeding, have sensitive skin or blood vessels, or are otherwise unsure if the products are right for your unique situation.
By purchasing the products, you understand and agree that some ingredients, fabrics, and textures within our product formulations and range may cause sensitivity in susceptible individuals and that the Company will not be held responsible for such occurrences. The Company is not liable for any individual reaction to any particular ingredient, fabric, or texture. Please review the ingredient/formulation information for each product before purchasing and/or using. All Korean-style exfoliating mitts will deeply exfoliate the skin and may result in peeling of the skin and other physical reactions to the products, and such products can cause irritation if not used according to package instructions.
POSSIBILITY OF INJURIES AND DAMAGES
You acknowledge and understand that during your use of the products sold by the Company, you may be exposed to a variety of hazards and risks, foreseen or unforeseen, which are inherent in the use of skincare products. These inherent risks include, but are not limited to, the dangers of serious personal injury or death resulting from, but not limited to chemical burns, abrasions, anaphylaxis, or other issues related to the use of physical exfoliating mitts and chemical skincare formulations (collectively the “Injuries and Damages”). You further acknowledge and understand these Injuries and Damages may not be eliminated entirely unless you choose not to use the products. However, you may minimize the risk of Injuries and Damages by patching testing all formulations prior to generalized use and by following the instructions accompanying any product. IN THE EVENT OF ANY ADVERSE REACTION TO ANY PRODUCT, YOU SHOULD IMMEDIATELY CEASE USE OF SAID PRODUCT AND CONTACT THE COMPANY.
ASSUMPTION OF THE RISK
By purchasing the products, you understand the risks of such Injuries and Damages involved in your use of the products and understand that you may have to exercise extra care for your own person and for others (such as those who live in your household and may have access to the products) in the face of such hazards. You understand and confirm that the Company has not tried to contradict or minimize my understanding of the risks of Injuries and Damages.
LIMITATION OF LIABILITY
The Company shall not be responsible, in any way, for any misuse of products, or for personal injury or death related to your use of the products, unless personal injury or death is caused directly by the negligence of the Company. The total liability for damages of the Company will not exceed ten (10) times the total amount that you have spent on products of the Company, purchased through the Website, in the previous 365 days.
In no event will the Company be liable in any way for incidental, consequential, indirect, special or punitive damages of any nature, including without limitation, liability or injury to third persons, whether foreseeable or not, regardless of whether the Company have been advised of the risks, as a result of your use of products sold by the Company.
These Terms of Sale will be governed by the laws of the United States of America and all disputes will be brought solely in the courts of San Diego County. You agree that any claims, legal proceedings, or litigation arising in connection with these Terms of Sale will be brought solely in the courts of the county of San Diego, California, and both you and the Company consent to the jurisdiction of such courts.