Terms of Sale & Conditions
Effective date: October 5, 2021
PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE ORDERING PRODUCTS ONLINE FROM WWW.SEISCOSMETICS.COM. PLEASE NOTE THAT THESE TERMS OF SALE INCLUDE THE ADDITIONAL TERMS INCORPORATED HEREIN BY REFERENCE. If you think that there is a mistake in these terms, please contact us at hello@seiscosmetics.com.
Terms of Sale
These Terms of Sale govern how we supply products to you. These Terms of Sale create a legally binding agreement between you and Seis Cosmetics LLC located in Palm Beach, Florida, on behalf of itself and regarding orders placed for products available on www.seiscosmetics.com and its online store hosted by Shopify Inc.
We may revise these Terms of Sale without prior notice by posting revised Terms of Sale on the site. The Terms of Sale posted on www.seiscosmetics.com at the time you place your order will govern that purchase. Please read these terms carefully and check that the details of your order are complete and accurate before submitting your order. Seis Cosmetic terms of use are incorporated herein by this reference. Please refer to our Privacy Policy for information about how we collect, use, and disclose information about you.
By placing an order, you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions, you may not place an order.
You confirm that any personal data you provide when you register an account with us or place an order is true, accurate, current and complete in all respects; and that you will notify us immediately of any changes to the personal data by updating these details on your online account. We will only use your personal information as set out in our Privacy Policy.
You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorized to use.
To place an order for products on the website, you should press the ‘pay now’ button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the website.
At the checkout you will be given an opportunity to review your order, including the delivery address, to make any amendments prior to placing an order. You will receive an order confirmation email detailing the products you have ordered. The transaction will be concluded in the English language.
The website is intended solely for Seis Cosmetics LLC to sell Seis Cosmetics products direct to end consumers, and therefore purchase of products for resale is strictly prohibited. Purchase for resale means the purchase of a Seis Cosmetics product by someone who resells, or intends to resell, the Seis Cosmetics product to others (consumers, businesses or any third party). If
Seis Cosmetics believes you are involved in purchase for resale, Seis Cosmetics reserves the right to take any action against you, including, without limitation, to restrict sales to you, cancel your orders, and/or suspend or close your account.
Payment Processing
Our store is hosted on Shopify Inc. It provides us with our online e-commerce platform that allows us to sell our products to you. Shopify will process your order request and your payment.
By submitting your order, you agree to Shopify processing your order.
Your data is stored through Shopify’s data storage, databases and the general Shopify application. Your data will be stored on a secure server behind a firewall. For more information, please see our Privacy Policy. You should also read Shopify’s Privacy Statement (https://www.shopify.com/legal/privacy).
The price of the product will be the price indicated on the email acknowledgment sent by us on completion of your order online. Product prices shown on the website are in U.S. Dollars and are valid and effective only in the United States. Product prices shown on the website may change from time to time. Such prices do not include shipping and handling costs and do not include sales taxes where applicable. You are responsible for any state and local sales or use taxes that may apply to your order, which will be added to your total invoice price during the checkout process. If you choose to pay using a payment card with a currency denominated account that is different from the currency of your order, additional charges and foreign exchange differences may apply. These charges and exchange rates applied are beyond our control.
You can find the available payment methods during the checkout process. We accept payment with Visa, Mastercard, American Express, PayPal, Apple Pay, Google Pay and Shop Pay. Credit card payment, including recurring charges, are handled through third party payment processors. These third-party payment processors will collect and retain your credit card information to process your payment. Full payment is due upon order placement and you will be charged when you press the "Pay Now"’ button at the end of the checkout process. By placing your order and making an offer to buy a product, you authorize us and Shopify Inc. to transmit information (including any updated information) or to obtain information about you from third parties from time to time and this may include verification checks involving your debit or credit card number or credit reports e.g., in order to authenticate your identity. You represent and warrant that (i) the credit card information you supply 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 shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the website at the time of your order.
AGE RESTRICTIONS
By placing an order for a product, you represent that you are at least the age of majority in your country, state, or province of residence.
If any part of the Terms of Sale shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions of the terms. No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision. These Terms of Sale (including any incorporated terms or policies) constitute the entire agreement between you and Seis Cosmetics LLC with respect to your transaction for the purchase of products.
LAW AND JURISDICTION
These Terms of Sale, any documents they refer to, and any disputes arising from or in relation to them or any documents they refer to, whether contractual or non-contractual, shall be governed by and construed in accordance with United States law in the State of Florida, without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction) that would cause the application of the laws of any jurisdiction
other than those of the State of Florida. The state and federal court sitting in Palm Beach, Florida shall have exclusive jurisdiction over any claims or disputes arising from or in relation to these Terms of Sale. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
CHANGES
We reserve the right to change these terms and conditions from time to time, but any changes will not apply to any orders placed prior to the change being made. We may provide any notice to you under these Terms of Sale by: (i) sending a message to the email address you provide OR (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current
DISCLAIMER AND LIMITATION OF LIABILITY
ALL PRODUCTS OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST
INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS YOU HAVE ORDERED THROUGH OUR SITE.
The limitation of liability set forth above shall: (i) only apply to the extent permitted by law and (ii) shall not apply to (A) liability resulting from our gross negligence or willful misconduct and (B) death or bodily injury resulting from our acts or omissions.
