TERMS & CONDITIONS
Welcome to S.H.E. Essentials LLC ("Company", "we", "us", or "our"). By accessing our website sheessentialsbeauty.com ("Site") and using our services or purchasing our products, you agree to comply with and be bound by the following Terms & Conditions ("Terms"). Please read these Terms carefully before using our Site. You may be accessing the Site from a computer or mobile phone or tablet device (through an iPhone or Android mobile application, for example) and these Terms of Use govern your use of the Website and your conduct, regardless of the means of access. Your use of the Site is also subject to our Privacy Policy, which governs the collection, use, and storage of personal information.
It is the express wish of the parties that this Agreement and all related documents be drawn up in English.
*Se volonte eksprime pati yo pou yo ekri konvansyon sa a ak tout dokiman ki gen rapò ak li an angle.
* C'est la volonté expresse des parties que cette convention et tous les documents s'y rapportant soient rédigés en anglais.
* Es voluntad expresa de las partes que este convenio y todos los documentos relacionados con él estén escritos en inglés.
1. Acceptance of Agreement
By accessing, using, or browsing the Site, you agree to be bound by these Terms and to comply with all applicable laws and regulations. We reserve the right to change, add, or modify any portion of these Terms at any time by posting new Terms on the Site. Your continued use of the Site after such changes signifies your acceptance of the updated Terms. If you do not agree with any of these Terms, please do not use the Site.
2. Modifications to the Site
We reserve the right, at our sole discretion, to terminate, suspend, or change any aspect of the Site, including content, features, or hours of availability, without notice or liability. We may, without prior notice, change the services/products; stop providing the services/products or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.
3. Updates
If we make material changes to the Terms, we will post them on our Site with the effective date and/or email them to you at any email address you have provided to us at least 30 days before they take effect. If you do not agree with the proposed changes, you should discontinue your use of the Site prior to the time the new Terms take effect. It is your responsibility to check for updates to our Terms. If you continue using the Site after the new Terms take effect, you will be bound by the new Terms.
4. User Conduct
You are solely responsible for any content you post or submit through the Site. You agree not to upload, post, transmit, distribute, or otherwise publish any material that:
• Is unlawful, threatening, harassing, defamatory, pornographic, or profane.
• Restricts or inhibits any other user from using or enjoying the Site.
• Constitutes or encourages conduct that would constitute a criminal offense or give rise to civil liability.
• Contains viruses or other harmful components.
You may not access or use the Site for any purpose other than that for which Company makes it available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Company.
Prohibited activity includes, but is not limited to:
• Attempting to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site;
• Attempting to impersonate another user or person or using the username of another user;
• Criminal or tortious activity;
• Deciphering, decompiling, disassembling, or reverse engineering any of the software comprising or in any way making up a part of the Site;
• Deleting the copyright or other proprietary rights notice from any Site content, Company Content, the Marks, or the Products;
• Using or launching, developing, or distributing any automated system, including, without limitation, any spider, robot (or “bot”), cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software on the Site;
• Harassing, annoying, intimidating, or threatening any Company employees or agents;
• Interfering with, disrupting, or creating an undue burden on the Site or the networks or services connected to the Site;
• Making any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
• Selling or otherwise transferring your user profile;
• Systematic retrieval of data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from Company;
• Tricking, defrauding, or misleading Company and/or other users, especially in any attempt to learn sensitive account information such as passwords;
• Using any information obtained from the Site in order to harass, abuse, or harm another person;
• Using the Site or data or other content from the Site as part of any effort to compete with Company or to provide services; and/or
• Using the Site in a manner inconsistent with any and all applicable laws, regulations, and these Terms of Use.
5. User Accounts and Passwords
You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities under your account. S.H.E Essentials LLC reserves the right to refuse service, terminate accounts, or remove content at our sole discretion.
6. Mobile Services
Please be aware that if you access the Site via your mobile phone or provide a mobile phone number to us in order to be contacted by voice or text message, your carrier’s normal rates and fees, such as text messaging fees or data charges, will apply.
7. User-Generated Content
Users may submit reviews, comments, or other content as long as it is not illegal, obscene, or defamatory. By submitting reviews, comments, or other content ("User Content") to the Site, you grant SHE Essentials LLC a non-exclusive, royalty-free, perpetual, and irrevocable right to use, modify, reproduce, distribute, and display such User Content in any media. You represent that you have all necessary rights to grant this license and that your User Content does not infringe on any third-party rights.
8. Intellectual Property
All content on the Site, including text, images, logos, trademarks (approved, pending or otherwise), and product designs, is the property of SHE Essentials LLC or its licensors and is protected by intellectual property laws. The content on the Site, including all features, materials, text, logos, software, scripts, data, graphics, photographs, sounds, music, videos, and interactive features (“Company Content”) and the trademarks (pending, approved or otherwise), service marks and logos on the Site and the Products (“Marks”) are owned by or licensed to Company or its affiliates, and are subject to copyright, trademark, trade dress, patent, trade secret and other intellectual property rights under United States, Canada, and foreign laws and international conventions. You may not use, reproduce, or distribute any content without our prior written consent. Unauthorized use, reproduction, or distribution of any content from the Site is prohibited. You may access and use Company Content, the Marks, the Site, and the Products only as permitted under these Terms of Use and Privacy Policy. No right, title, or interest in or to the Company Content or the Marks is transferred to you. The Company has granted you a limited license to access and use the Website solely for your personal, non-commercial purposes.
9. Third-Party Links and Services
Our Site may contain links to third-party websites or services that are not owned or controlled by SHE Essentials LLC. These links are provided for your convenience, and we do not endorse or assume responsibility for any third-party content. When you access third-party websites or services, you do so at your own risk. We may interact with you on third-party websites where we post content or invite your feedback, such as Facebook, Instagram, Twitter, and YouTube ("Third-Party Sites"). Company does not control those Third-Party Sites. References on our Site to Third-Party Sites, marks, names, products, or services, or links to Third-Party Sites or information, are not an endorsement, sponsorship, or recommendation of the third party or its information, products, or services. We do not monitor, approve, or control any Third-Party information that it links to (“Third-Party Content”) or the Third-Party Sites, and the inclusion of links to Third-Party Content or Third-Party Sites does not imply any association or relationship between Company and such third party. For more information on how we handle data when interacting with third parties, please refer to our Privacy Policy.
10. Order Processing
Once your order is placed, we begin processing it immediately. Orders cannot be modified or canceled after placement. We reserve the right to limit or refuse any order for any reason, including suspected fraud or unauthorized use. When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it; (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.
Resales Prohibited: The Products available on the Site, including any samples, gifts or prizes Company may provide to you, are for your personal use only. You may not sell or resell any Products you purchase or otherwise receive from Company. The company reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or Products to be provided to you that may result in a violation of this Agreement, as determined by Company in its sole discretion.
11. Shipping, Returns, and Refunds
Our shipping and return policies are detailed separately. Please refer to our Shipping Information and Returns & Refunds policies for more details.
12. Pricing & Payments
The Company will bill you through an online billing account for purchases of Products. You agree to pay Company all charges at the prices then in effect for the Products You or other persons using your account may purchase, and you authorize Company to charge your chosen payment provider for any such purchases. You agree to make payment using that selected payment method. The Company reserves the right to correct any errors or mistakes in pricing that it makes, even if it has already requested or received payment. Sales tax will be added to the sales price of purchases as deemed required by the Company. The Company may change prices at any time. All payments shall be in U.S. dollars.
13. E-Gift Cards
The E-Gift Cards issued by Company are non-exchangeable and non-refundable, and do not expire. The E-Gift Cards do not have cash value and may not be exchanged or redeemed for cash except as required by law. We reserve the right to correct the E-Gift Card balance if we believe that a clerical, billing, or accounting error has occurred. You agree that we may deactivate, cancel, or suspend any E-Gift Card if we suspect fraud, unlawful activity, or improper E-Gift Card use. We also reserve the right to change these terms and conditions, from time to time at our discretion. Your continued use of an E-Gift card constitutes your acceptance of the changes.
14. Limitation of Liability
SHE Essentials LLC is not liable for any indirect, incidental, consequential, or punitive damages arising from your use of the Site or products. This includes, but is not limited to, incidental or consequential damages, even if we were advised of the possibility of such damages. Our total liability to you for any claims arising from these Terms or your use of the Site will not exceed the amount you paid for the product in question. No Guarantee of Color: While Company has tried to accurately display the colors of products, the actual colors you see will depend on several factors, including but not limited to the natural color of the ingredients used and your monitor; and therefore may not be accurate.
15. For Cosmetic Use Only
All material and information presented by the Company is intended to be used for personal or informational purposes only. The statements made about Products have not been evaluated by the U.S. Food and Drug Administration or any other government agency, and the results reported, if any, may not necessarily occur in all individuals. The statements on the Site and Products sold through the Site are not intended to diagnose, treat, cure, or prevent any condition or disease. The Products are not intended to be used on minors without prior discussion with the minor’s doctor and under the supervision of the minor’s parent or legal guardian. All Products should be used strictly in accordance with their instructions provided on the labeling, Site, etc., precautions, and guidelines. You should always check the ingredients for Products to avoid potential allergic reactions. Use of the Site is not meant to serve as a substitute for professional medical advice: the Site is solely an online store for cosmetic beauty products. Please consult with your own physician or healthcare professional regarding the use of any Products or information received from the Site before using or relying on them. Your physician or healthcare professional should address any and all medical questions, concerns, and decisions regarding the possible treatment of any medical condition. The Company does not give or intend to give any answers to medical-related questions. The Company does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Site. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR MEDICAL PROFESSIONAL IMMEDIATELY.
16. Indemnification
You agree to indemnify, defend, and hold harmless SHE Essentials LLC, its officers, directors, employees, agents, licensors, and suppliers from and against all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Site, your violation of these Terms, or your infringement of any intellectual property or other rights of any person or entity.
17. Termination
We reserve the right to terminate or suspend your access to the Site at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties.
18. Force Majeure
SHE Essentials LLC shall not be liable for any delays or failures in performance resulting from causes beyond our control, including but not limited to natural disasters, wars, strikes, or other unforeseeable events.
19. Governing Law and Forum Selection
You and We agree to submit to the exclusive jurisdiction of any state or federal court located in Philadelphia, Pennsylvania and waive any jurisdictional, venue, or inconvenient forum objections to such courts for any claim or cause of action arising out of or relating in any way to the Site, the Products, or these Terms.
20. Statute of Limitations
You and We agree that if any claim or cause of action arising out of or relating in any way to the Site, the Products, or these Terms has a statute of limitations in excess of two years, such claim or cause of action must be filed within two years after the claim or cause of action accrued or it will be forever barred.
21. Dispute Resolution
Before initiating any legal action, you agree to attempt to resolve any disputes through our customer service team. If unresolved, disputes will be subject to binding arbitration in Pennsylvania, and you waive your right to participate in a class action lawsuit.
22. Class Action Waiver
To the fullest extent permitted by law, you and SHE Essentials LLC agree that any disputes must be brought individually, and you waive the right to participate in a class action.
23. DMCA Policy
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following:
• A physical or electronic signature of the copyright owner.
• Identification of the copyrighted work claimed to have been infringed.
• Identification of the material that is claimed to be infringing.
• Your contact information.
• A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner.
Send the DMCA notice to hello@sheessentialsbeauty.com; Subject Line "Copyright".
24. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
25. Contact Information
For any questions or concerns regarding these Terms, please contact us at:
SHE Essentials LLC
Email: hello@sheessentialsbeauty.com
26. Notices
Except as otherwise stated, notices will be deemed given when sent via email to the contact information provided by you during purchase.
27. Promotional Messages and Materials
You agree to receive from time to time promotional messages and materials from us, by mail, email, or any other contact form you may provide us with (including your phone number for calls or text messages). If you do not wish to receive such promotional materials or notices, please notify us at any time.