Terms of service

This website is operated by BoutiquEssence. Throughout the site, the terms “we,” “us,” and “our” refer to BoutiquEssence. By using this website, including all information, tools, and services available on this site, you agree to be bound by all the terms and conditions set forth here.

By visiting our site and/or purchasing something from us, you are participating in our “Service” and agreeing to the following terms and conditions (“Terms of Service,” “Terms”), including all additional terms and policies referenced herein and/or available via hyperlinks. These Terms of Service apply to all users of the site, including, without limitation, users who are visitors, providers, customers, merchants, and/or content contributors.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to the Terms of Service. If you do not agree to all the terms and conditions of this agreement, you must not access the website or use any of the services. If the Terms of Service are deemed an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools added to the current store will also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of the Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 - ONLINE STORE TERMS

By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you have reached the age of majority in your state or province of residence and have given your consent for your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose, nor may you, in connection with your use of the Service, violate any laws in your jurisdiction (including, but not limited to, copyright laws).

You must not transmit worms, viruses, or any other destructive code.

Violation or breach of any of these Terms will result in the immediate termination of your Services.

SECTION 2 - GENERAL PROVISIONS

We reserve the right to refuse service to anyone, for any reason, at any time.

You understand that your content (excluding your credit card information) may be transmitted unencrypted and may involve (a) transmissions over various networks and (b) changes to adapt to or comply with the technical connection requirements of networks or devices. Credit card information is always encrypted during transmission over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without our express written permission.

The headings used in this agreement are included for convenience only and do not limit or affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not liable if the information available on this site is not accurate, complete, or up-to-date. The material on this site is provided for general informational purposes only and should not be relied upon as the sole basis for making decisions without first consulting more accurate, complete, or timely information. Any reliance you place on the material on this site is at your own risk.

This site may contain historical information. Historical information is not necessarily current and is provided for reference purposes only. We reserve the right to modify the content of this site at any time, but we have no obligation to update the information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - CHANGES TO THE SERVICE AND PRICES

The prices of our products are subject to change without notice.

We reserve the right to modify or discontinue the Service (or any part of the content) at any time and without notice.

We will not be liable to you or any third party for any modification, price change, suspension, or discontinuation of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may be in limited quantities and are subject solely to our return policy.

We have made every effort to display the colors and images of our products in the store as accurately as possible. We cannot guarantee that your computer monitor will display colors accurately.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of products or services we offer. All product descriptions or prices are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue offering a product at any time. Any offer for a product or service made on this site is void where prohibited by law.

We do not guarantee that the quality of any products, services, information, or

other materials purchased or obtained by you will meet your expectations, nor that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.

In the event of a modification or cancellation of an order, we may attempt to notify you by email and/or at the billing address or phone number provided at the time of the order. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate information regarding your purchases and the account used for all purchases made in our store. You agree to promptly update your account and other information, including your email address and credit card numbers and their expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please see our Return Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we have no supervision or control.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability arising from or in connection with your use of tools provided by third parties.

Any use you make of the optional tools offered through the website is at your own risk and discretion, and you must ensure that you understand and agree to the terms under which these tools are provided by third-party providers.

It is also possible that, in the future, we may offer you new services and/or features through the website (including the launch of new tools and resources). These new features and/or services will also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain portions of the content, products, and services available through our Service may include material from third parties.

Links from third parties on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for reviewing or evaluating the content or accuracy of, and we do not warrant or assume any liability for, any third-party materials or websites, or for any other third-party materials, products, or services.

We are not liable for any loss or damage arising from the purchase or use of goods, services, resources, content, or any other transactions conducted in connection with third-party websites. Please review the third party’s policies and practices carefully and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

SECTION 9 - USER COMMENTS, COLLECTED INFORMATION, AND OTHER SUBMISSIONS

If, at our request, you submit specific materials (for example, your entry in a contest) or, without our request, you submit creative ideas, suggestions, proposals, plans, or other materials—whether online, via email, by mail, or otherwise (collectively, “comments”), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate, or use in any way the comments you have submitted to us. We have no obligation, and will have no obligation: (1) to maintain the confidentiality of your Comments; (2) to pay you any compensation for your Comments; or (3) to respond to your Comments.

We may, but are not obligated to, monitor, edit, or remove content that we deem, in our sole discretion, to be illegal, offensive, threatening, defamatory, libelous, pornographic, obscene, or otherwise objectionable, or that infringes on the intellectual property rights of any party or these Terms of Service.

You agree that your comments will not infringe upon the rights of third parties, including copyrights, trademarks, privacy, publicity, or other personal or proprietary rights. You also agree that your comments will not contain defamatory or illegal material, abusive or obscene content, nor will they contain computer viruses or other malware that could in any way affect the operation of the Service or any associated website. You may not use a false email address, impersonate anyone other than yourself, or mislead us or third parties as to the origin of your comments. You are solely responsible for the comments you make and their accuracy. We assume no responsibility and accept no liability for comments posted by you or any third party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the Site is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES,

AND OMISSIONS

There may occasionally be information on our Site or in the Service that contains typographical errors, inaccuracies, or omissions, which may relate to product descriptions, prices, promotions, offers, product shipping charges, delivery times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any associated website is inaccurate at any time without prior notice (including after you have submitted your order).

We assume no obligation to update, correct, or clarify information in the Service or on any associated website, including, without limitation, pricing information, unless required by law. No update date or specific update posted in the Service or on an associated website should be construed as indicating that all information in the Service or on an associated website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions set forth in the Terms of Service, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to incite others to commit or participate in unlawful acts; (c) to violate any regulations, rules, international, federal, provincial, or state laws, or local ordinances; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against others based on gender, sexual orientation, religion, ethnicity, race, age, nationality, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in a manner that compromises the functionality or operation of the Service or any associated website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to send spam, engage in phishing, pharming, pretexting, spidering, crawling, or scraping; (j) for obscene or immoral purposes; or (k) to interfere with or circumvent the security features of the Service or any associated website, other websites, or the Internet. 

We reserve the right to terminate your use of the Service or any associated website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not warrant, represent, or guarantee that the use of our Service will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time, we may suspend the Service for indefinite periods or discontinue the Service at any time, without notice.

You expressly agree that your use of the Service, or any part thereof, is at your sole risk. The Service and all products and services provided through the Service are (unless otherwise specified by us) provided “as is” and “as available” for your use, without any representation, warranty, or condition of any kind, express or implied, including all implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title, and non-infringement.

Under no circumstances shall BoutiquEssence, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any damages, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, loss of profits, loss of revenue, loss of savings, loss of data, replacement costs, or any similar damages, whether based on contract, tort (including negligence), strict liability, or otherwise, arising out of the use of any of the services or any products obtained through the service, or any other claim related in any way to the use of the service or any product, including, but not limited to, any errors or omissions in any content, or any damages or losses of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or made available through the Service, even if you have been advised of the possibility of such damages. Since some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability will be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless BoutiquEssence and our parent companies, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable attorneys’ fees, made by a third party arising out of or resulting from your violation of the Terms of Service or the documents incorporated by reference herein, or your violation of any law or the rights of a third party.

SECTION 15 - SEVERABILITY

In the event that it is determined that

any provision of these Terms of Service is illegal, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service; such a determination shall not affect the validity and enforceability of all remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the date of termination shall survive the termination of this agreement for all purposes.

These Terms of Service remain in effect unless and until terminated by you or by us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services, or when you cease using our site.

If, in our sole discretion, you fail to comply with, or we suspect that you have failed to comply with, any of the terms or provisions of these Terms of Service, we may also terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or we may deny you access to our services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and all policies or operating rules published by us on this site or in connection with the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us (including, but not limited to, prior versions of the Terms of Service).

Any ambiguity in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreement by which we provide services to you shall be governed by and construed in accordance with the laws of the State of [your state] or the federal laws of Canada.

SECTION 19 - CHANGES TO THE TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - SMS Marketing

By agreeing to receive SMS marketing from BoutiquEssence at checkout and initiating a purchase or subscribing through our subscription tools, you agree to receive recurring text notifications (regarding your order, including abandoned cart reminders), text marketing offers, and transactional texts, including review requests from us, even if your cell phone number is on a state or federal do-not-call list.

The frequency of messages varies. Consent is not a condition of purchase. If you no longer wish to receive text marketing messages and notifications, reply with STOP to any text message sent by us or use the unsubscribe link we have provided in one of our messages.

You understand and agree that alternative opt-out methods, such as using other words or requests, will not be considered a reasonable means of opting out. We do not charge for this service, but you are responsible for all fees and charges associated with text messaging imposed by your wireless service provider. Message and data rates may apply.

If you have any questions, send a text message to HELP at the number that sent you the messages. You can also contact us at [https://boutiquessence.com/pages/contact] for more information.

We reserve the right to change any phone number or short code we use to operate the service at any time. You will be notified of any such changes.

You agree that messages you send to a phone number or short code that we have changed—including requests to STOP or for HELP—may not be received, and that we are not obligated to honor the requests made in those messages.
To the extent permitted by applicable law, you agree that we are not liable for the failure, delay, or misrouting of any information sent through the service, for any errors in such information, and/or for any action you may or may not take based on the information or the service.

Your right to privacy is important to us. You can review our Privacy Policy [https://boutiquessence.com/policies/privacy-policy] to learn how we collect and use your personal information.

SECTION 21 - CONTACT INFORMATION

Questions regarding the Terms of Service should be directed to us at help@boutiquessence.com