Effective Date: November 15, 2017
This website and any other websites that link to this policy (collectively, the “website”), are owned and operated by Miss Spa® (“Miss Spa”, “we” or “us”). Our company information is at the end of this document.
Please read these terms and conditions carefully. They apply when you buy any goods via the website. Please print or save these terms for future use as we will not keep a file copy specifically for the transaction with you and we cannot guarantee that they will remain accessible on our website in future. These terms and conditions are available in the English language only.
Where we refer to “Consumer” below we mean an individual acting for purposes which are wholly or mainly outside that person’s trade, business, craft or profession.
We may change these terms and conditions by posting the revised version on the website at any time. Please check the website from time to time. These terms and conditions will apply to any new purchases occurring after the effective date shown.
Please see our returns policy for information on returning products and receiving refunds.
You lose the right to return sealed goods which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery.
You will bear the direct cost of returning the goods.
You are liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Variations In Goods
We have made reasonable efforts to display as accurately as possible the appearance / color / texture / finish of our goods. However, you acknowledge and accept that there may be differences between the actual goods and the way that they appear on our website. For example, the color tone may differ.
The labeling or packaging of the goods you receive may differ from the images of these which you see on our site.
The statements made about products on the website 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.
Use of Products
The statements made and products sold through the website are not intended to diagnose, treat, cure or prevent any condition or disease. If any minor uses any goods or products from the website, it should be only after the legal or parental guardian has discussed the good or product with the minor’s doctor.
All products should be used strictly in accordance with this instructions, precautions and guidelines. You should always check the ingredients for product to avoid potential allergic reactions.
Your order is an offer to buy from us.
You place your order by using the ordering process on our site. This involves selecting the goods, placing them in the shopping cart and transmitting the order to us by clicking on the “Complete Order” button. This process permits you to check and amend any errors before making an order by using the appropriate links and/or the internet browser back button.
You must ensure that your order and any other information you supply to us is correct and you must promptly update us if there are any changes.
When we accept your offer, there is a binding contract when we send you a confirmation email.
We are not obliged to fulfill any order and may refuse any order. We are not obliged to supply any goods which are unavailable (notwithstanding that we have accepted your offer). If any goods are unavailable, we will notify you of the unavailability and will arrange for a full refund if you have been charged.
The products available on the website, including any samples, are for your personal use only. You may not sell or resell any products you purchase or otherwise receive from us.
Except where prohibited by law, we may limit the number of products available for purchase on a per person, per household and/or per order basis, in our sole discretion.
Payment and Price
Payment is in advance by the means stated on our payment page. Shipment of the goods is subject to our receipt of full payment in cleared funds.
Our prices may change from time to time. The price for the goods you order is as stated on our site at the time you send us your order.
Delivery costs are charged extra at the rate shown on our site at the time you place your order. These will depend on the delivery method chosen.
If we have mis-priced any item by mistake, we are not obliged to supply the item at that price provided we notify you before we ship it. If we do notify you, then you can decide if you want to order the item at the correct price but, if you do not, we will provide a full refund of any payments already made.
You must contact us immediately with full details if you dispute any payment
If any amount due to us is unpaid, or unjustifiably charged back, we may cancel this agreement on written notice (including email).
We may offer discount codes from time to time. All discount codes refer to the price excluding delivery charges. Such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered and are not transferrable or redeemable for cash. Unless otherwise stated: codes (1) are only available for future new orders placed online, (2) cannot be used retrospectively and (3) can only be redeemed once per customer. Also you cannot use more than one discount code per transaction unless we state otherwise; if we do so, the order in which the codes are to be applied is in our sole discretion. We reserve the right to reject any discount code if we consider that it is being used in breach of these terms.
Discount codes are subject to any additional specific terms and conditions which are specified at the point of issue. We reserve the right to discontinue or otherwise modify any discount codes at any time without prior notice.
Delivery will be complete when we deliver to the address specified when ordering. We may deliver different parts of your order on different dates.
Delivery is only to the United States of America and its territories
Unless otherwise stated, delivery dates given on our website are estimates only. We have no liability for any losses arising from delay in delivery.
If you receive notification of an unsuccessful attempted delivery, it is your responsibility to use the details provided to contact the delivery company to arrange re-delivery. If nobody is available to receive the goods, we reserve the right to leave them at the doorstep, hall or reception as available, or with a neighbor.
Risk of damage or loss to the goods passes to you on delivery to the address specified in your order.
Limitation of Liability and Disclaimers
Nothing in this agreement in any way limits or excludes our liability for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents.
You must give us a reasonable opportunity to remedy any matter for which we are liable before you incur any costs remedying the matter yourself.
To the maximum extent permitted by law, we shall not be responsible for any loss or damage (including, without limitation, damages for loss of data or profit, and special, consequential or incidental damages) arising out of or related to this agreement.
You will be responsible to us for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement.
WE EXPRESSLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you, but shall apply to the maximum extent permitted by applicable laws.
Events Outside Our Control
We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures or force majeure events.
You acknowledge and agree that we may process your personal data in accordance with the terms of our privacy and cookies policy which is subject to change from time to time.
Governing Law and Venue
This agreement shall be governed by the laws of the state of Illinois, United States, without regard to its principles of conflict of laws, and any disputes will be decided only by the courts located in Northbrook, Illinois. You hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of Illinois for the purpose of resolving any dispute relating to your access to or use of the website. You agree that this may require you to submit ay disputes related to the use of the website to final and binding arbitration in the State of Illinois.
We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated in this agreement). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (i.e. that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of the agreement shall continue to apply. We may transfer this agreement to a third party but this will not affect your rights or obligations. A person who is not a party to this agreement shall have no rights to enforce this agreement except insofar as expressly stated otherwise.
If you have any complaints, please contact us via the contact details shown below.
Company name: Miss Spa®
State and Country of incorporation: Illinois, United States
Registered office location: Northbrook, IL 60062