Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to DAM GOOD SKIN. The terms “we,” “us,” and “our” refer to DAM GOOD SKIN.

DAM GOOD SKIN operates this store and website, including all related information, content, features, tools, products, and services, in order to provide you, the customer, with a curated shopping experience (the “Services”). DAM GOOD SKIN is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with any policies referenced herein, describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with, purchasing from, or otherwise using our Services, you agree to be bound by these Terms of Service and our Privacy Policy, available at:

https://damgoodskin.com/policies/privacy-policy

If you do not agree to these Terms of Service or our Privacy Policy, you should not access or use the Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, province, or jurisdiction of residence, or that you are the age of majority and have given consent for any minor dependents under your supervision to use the Services.

To use the Services, including browsing our online store or purchasing products, you may be asked to provide information such as your email address, billing information, payment information, and shipping information.

You represent and warrant that all information you provide is accurate, current, and complete and that you have the right to provide such information.

You are solely responsible for maintaining the security of any account credentials and for activity occurring through your account. You may not transfer, sell, assign, or license your account to another person.

SECTION 2 - OUR PRODUCTS

We make every reasonable effort to accurately describe and represent our products.

However, colors, packaging, texture, scale, and product appearance may vary slightly from what appears on your screen because of differences in displays, lighting, photography, manufacturing batches, packaging updates, and device settings.

All product descriptions, ingredients, sizes, packaging, prices, and availability are subject to change without notice.

We reserve the right to discontinue products or limit quantities offered to any person, geographic region, or jurisdiction.

Skincare and body-care products may perform differently from person to person. Individual results are not guaranteed.

Customers are responsible for reviewing product ingredients before use, particularly if they have known allergies, sensitivities, or intolerances. Discontinue use if irritation or an adverse reaction occurs.

Information provided through the Services is for general informational purposes and is not intended to diagnose, treat, cure, or prevent any disease or medical condition and is not a substitute for advice from a qualified healthcare professional.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase products from DAM GOOD SKIN.

We reserve the right to accept, decline, limit, or cancel an order for any lawful reason, including suspected fraud, pricing or inventory errors, product availability, payment issues, or misuse of the Services.

An order is not considered accepted until payment has been successfully processed and the order has been confirmed.

Please review your order carefully before submitting it. Because orders may begin processing quickly, we cannot guarantee that cancellation or modification requests can be accommodated once an order has been placed.

If we cancel or materially change an order, we will attempt to notify you using the email address, billing information, shipping information, or phone number provided with your order.

Purchases are subject to our Refund Policy:

https://damgoodskin.com/policies/refund-policy

Products purchased through DAM GOOD SKIN are intended for personal or household use unless otherwise expressly agreed in writing. Products may not be purchased for unauthorized commercial resale.

SECTION 4 - PRICES AND BILLING

Prices, discounts, offers, and promotions may change without notice.

The price charged will be the price displayed at the time the order is placed, subject to correction of obvious errors.

Unless otherwise stated, displayed prices do not include applicable taxes, shipping charges, customs duties, import fees, or other charges that may apply.

Promotional offers may be subject to separate terms and conditions. If promotional terms conflict with these Terms of Service, the specific promotional terms will control for that promotion.

You agree to provide current, complete, and accurate billing, payment, shipping, and account information for all purchases.

You represent and warrant that:

1. Payment information you provide is accurate and complete.
2. You are authorized to use the payment method provided.
3. Charges incurred will be honored by your payment provider.
4. You are responsible for all applicable charges, taxes, shipping fees, and other costs disclosed at checkout.

SECTION 5 - SHIPPING AND DELIVERY

Delivery dates and transit times are estimates only and are not guaranteed.

DAM GOOD SKIN is not responsible for delays caused by shipping carriers, weather, natural disasters, customs processing, transportation disruptions, incorrect customer-provided addresses, or other circumstances outside our reasonable control.

Customers are responsible for providing a complete and accurate shipping address.

If an order is returned to us because an incorrect or incomplete address was provided, additional shipping charges may apply before the order can be resent.

If your order arrives damaged, defective, or incorrect, please contact us in accordance with our Refund Policy:

https://damgoodskin.com/policies/refund-policy

SECTION 6 - INTELLECTUAL PROPERTY

The Services, including trademarks, brand names, logos, product names, text, graphics, photographs, videos, audio, website design, product descriptions, written content, and other materials, are owned by DAM GOOD SKIN, its affiliates, licensors, or applicable third parties and are protected by intellectual property laws.

These Terms permit you to use the Services for personal, non-commercial purposes only.

Without prior written permission, you may not reproduce, distribute, modify, republish, publicly display, publicly perform, download, commercially exploit, or create derivative works from protected content belonging to DAM GOOD SKIN.

Nothing in these Terms grants you ownership of or a license to any trademark, copyright, patent, trade dress, or other intellectual property belonging to DAM GOOD SKIN, Shopify, or any third party except as expressly stated.

DAM GOOD SKIN names, logos, product names, designs, and slogans may not be used without prior written permission.

Shopify's trademarks and intellectual property remain the property of Shopify.

SECTION 7 - OPTIONAL TOOLS

We may provide access to tools, applications, integrations, or services provided by third parties.

We may not monitor, control, or have input into such third-party tools.

Access to optional third-party tools is provided on an “as is” and “as available” basis without warranties, representations, or endorsements from DAM GOOD SKIN.

Your use of third-party tools is at your own discretion and risk. You are responsible for reviewing and accepting any terms or policies imposed by the applicable third-party provider.

We may introduce new tools, features, resources, or functionality in the future. Such features will also be considered part of the Services and subject to these Terms.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain links to websites, products, services, or content provided by third parties.

DAM GOOD SKIN is not responsible for evaluating or guaranteeing the accuracy, availability, safety, policies, practices, products, or services of third-party websites.

If you access a third-party website or service, you do so at your own discretion and risk.

We are not responsible for loss or damage arising from transactions conducted directly with third parties.

Please review the applicable third party's policies and terms before completing a transaction with them.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

DAM GOOD SKIN is powered by Shopify, which enables us to provide the Services to you.

However, purchases made through our store are transactions directly between you and DAM GOOD SKIN.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales made between you and DAM GOOD SKIN, including injury, damage, loss, or claims arising from products purchased from us.

To the extent permitted by applicable law, you release Shopify and its affiliates from claims, damages, and liabilities arising from or relating to transactions directly between you and DAM GOOD SKIN.

SECTION 10 - PRIVACY POLICY

Personal information collected through the Services is handled in accordance with our Privacy Policy:

https://damgoodskin.com/policies/privacy-policy

Because our Services are hosted by Shopify, Shopify may also collect and process information related to your access to and use of the Services in order to provide and improve Shopify's services.

Information submitted through the Services may be transmitted to Shopify and other service providers, including service providers located outside the country or jurisdiction in which you reside.

Please review our Privacy Policy for additional information about how personal information is collected, used, disclosed, and protected.

SECTION 11 - FEEDBACK AND REVIEWS

If you voluntarily submit, upload, post, email, or otherwise provide ideas, suggestions, reviews, photographs, comments, proposals, or other content relating to DAM GOOD SKIN or our products (“Feedback”), you grant us a non-exclusive, worldwide, royalty-free, sublicensable license to use, reproduce, modify, publish, distribute, display, and otherwise use that Feedback for legitimate business and promotional purposes.

You represent and warrant that:

1. You own or have the necessary rights to submit the Feedback.
2. You have disclosed any compensation or incentive received in connection with the Feedback.
3. Your Feedback does not violate the rights of any third party.
4. Your Feedback does not contain unlawful, defamatory, abusive, obscene, fraudulent, or malicious content.

We may monitor, edit, decline to publish, or remove Feedback at our discretion where permitted by law.

You remain responsible for the accuracy and legality of Feedback you submit.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information provided through the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, availability, or other information.

We reserve the right to correct errors, inaccuracies, or omissions and to update or change information at any time without prior notice.

If an error materially affects an order you have already submitted, we may contact you, correct the error, or cancel and refund the affected portion of the order where appropriate.

SECTION 13 - PROHIBITED USES

You may use the Services only for lawful purposes.

You may not use the Services to:

1. Violate applicable laws or regulations.
2. Infringe intellectual property or other legal rights.
3. Harass, threaten, abuse, defame, or harm another person.
4. Transmit fraudulent, false, misleading, or deceptive information.
5. Upload or transmit malicious code, viruses, or harmful software.
6. Spam, phish, scrape, harvest, or improperly collect information.
7. Attempt to gain unauthorized access to any system, account, or portion of the Services.
8. Interfere with the security, functionality, or operation of the Services.
9. Reproduce, resell, or commercially exploit the Services or content without authorization.
10. Impersonate another person or entity.

We reserve the right to suspend or terminate access to the Services if we reasonably determine that these Terms have been violated.

SECTION 14 - AUTOMATED ACCESS AND AGENTS

Automated systems, bots, agents, scraping tools, or similar technologies may not access or interact with the Services in a manner that violates applicable law, bypasses security measures, interferes with the operation of the Services, or disregards technical restrictions we have implemented.

We reserve the right to limit or block automated access where necessary to protect the Services, our customers, or our business.

SECTION 15 - TERMINATION

We may suspend or terminate access to the Services where permitted by law, including where these Terms have been materially violated.

Termination does not affect obligations or liabilities that accrued before termination.

Provisions that by their nature should survive termination will continue to apply, including provisions relating to intellectual property, limitations of liability, indemnification, governing law, privacy, and dispute-related provisions.

SECTION 16 - DISCLAIMER OF WARRANTIES

The Services and information made available through them are provided for general informational and commercial purposes.

To the fullest extent permitted by applicable law, the Services and products are provided “as is” and “as available” without warranties or conditions beyond those that cannot legally be excluded.

We do not guarantee that the Services will always be uninterrupted, timely, secure, or error-free.

Some jurisdictions do not permit the exclusion of certain warranties. In those jurisdictions, these disclaimers apply only to the maximum extent permitted by law.

SECTION 17 - LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, DAM GOOD SKIN and its owners, affiliates, employees, agents, contractors, service providers, and licensors will not be liable for indirect, incidental, special, punitive, exemplary, or consequential damages arising from or relating to use of the Services or products purchased through the Services.

This includes, where permitted by law, loss of profits, revenue, data, business opportunity, or similar losses.

Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited.

SECTION 18 - INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless DAM GOOD SKIN, Shopify, and our respective affiliates, officers, directors, employees, contractors, service providers, licensors, and agents from third-party claims, losses, liabilities, or reasonable legal expenses arising from:

1. Your material breach of these Terms.
2. Your violation of applicable law.
3. Your infringement of the rights of another person or entity.
4. Your misuse of the Services.

SECTION 19 - SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision will be enforced to the maximum extent permitted by law and the remaining provisions will remain in effect.

SECTION 20 - WAIVER AND ENTIRE AGREEMENT

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms, together with the policies incorporated by reference, constitute the entire agreement between you and DAM GOOD SKIN concerning your use of the Services and supersede prior communications or agreements concerning the same subject matter.

SECTION 21 - ASSIGNMENT

You may not transfer or assign your rights or obligations under these Terms without our prior written consent.

We may assign or transfer our rights or obligations under these Terms where permitted by law.

SECTION 22 - GOVERNING LAW

These Terms and any separate agreements through which we provide Services are governed by the applicable laws of the jurisdiction in which DAM GOOD SKIN is headquartered, without regard to conflict-of-law principles, except where consumer protection laws require otherwise.

SECTION 23 - HEADINGS

Section headings are provided for convenience only and do not affect the interpretation of these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE

We may update these Terms from time to time.

The most current version will be posted on this page.

Where required by applicable law, we will provide appropriate notice of material changes.

Continued use of the Services after changes become effective constitutes acceptance of the revised Terms to the extent permitted by law.

SECTION 25 - CONTACT INFORMATION

Questions about these Terms of Service may be sent to:

DAM GOOD SKIN
damngoodskin@outlook.com