terms of service
This website (“Site”) is operated by Snow Flower Luxury Skincare Inc. (“Snow Flower”). Snow Flower Chic is a tradename of Snow Flower Luxury Skincare Inc. Throughout the Site, the terms “we”, “us” and “our” refer to Snow Flower. Snow Flower offers this Site, including all information, tools and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our Site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These
Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content (sometimes referred to herein collectively, as a “User”).
Please read these Terms of Service carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of these Terms of Service, then you may not access the Site or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject 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 to update, change or replace any part of these Terms of Service by posting updates and/or changes to the Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our Products (as defined herein) to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, province or country of residence and that you have given us your consent to allow any of your minor dependents to use this Site.
You may not use our Products or the Service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your use of the Service or purchase of any Products.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse the Service and/or the sale of any Products to anyone for any reason at any time.
You understand that your content, may be transferred unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Snow Flower uses its best efforts to process any Credit card information in an encrypted manner but provide no guaranty, representation or warranty of such encryption. User’s use of the Site for the purchase of Products is at their own risk with respect to data security. By User’s placement of an order for a Product, they acknowledge that no data transmission over the internet or information storage technology can be guaranteed to be 100 percent secure and that security mechanisms in the Site have inherent limitations.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service or any product or service sold by Snow Flower via the Site (the “Products”), use of the Service, or access to the Service or any contact on the Site through which the Service is provided, without express written permission by us.
The headings used in these Terms of Service are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk.
This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
SECTION 4 – ORDER CONFIRMATION, PROCESSING AND CANCELLATION; SHIPPING CHARGES
The receipt of an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Such receipt also does not constitute a confirmation that a Product is in stock or otherwise available on the price and terms published on the Site, or published in any catalog or other advertisement. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. Verification of order and User information may be required prior to the acceptance of any order. Snow Flower is not obligated to fulfill any order and may refuse any order. Where a Product is temporarily out of stock, in lieu of cancelling or denying an order, Snow Flower may accept the order and notify the User of an estimated time for shipment (in which case the order shall be deemed to remain open until delivery). Charges to User's credit card shall only be processed for collection when a shipment has been made. The purchase price for any Products sold on the Site excludes shipping and handling changes, which Snow Flower may from time to time waive in writing at the time of order at its sole and absolute discretion based on other then-applicable policies which are subject to change at any time and without notice.
SECTION 5 – SALES TAX
Snow Flower is required to collect applicable state and local sales tax on orders shipped to certain states within the United States, together with applicable export fees, tariffs or charges on orders shipped outside of the United States. Taxes apply to most merchandise, but some states and countries may exclude certain Products. Snow Flower is required to follow the rules of each state or foreign country. Your final order total will include the appropriate state and local taxes, together with any applicable, together with applicable export fees, tariffs or charges on orders shipped outside of the United States, as well as shipping and handling fees generally where applicable.
SECTION 6 - MODIFICATIONS TO THE SERVICE, PRODUCTS AND PRICES
Prices for our Products are subject to change without notice. All transactions will be processed in United States Dollars. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) and Products without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 7 - REJECTION OF CREDIT CARD
The User agrees that if the User’s payment by credit card is not received by Snow Flower or if the payment is subsequently dishonored or charged back to Snow Flower, the User is personally liable to Snow Flower for the amount he/she owes Snow Flower for any charges and any resulting charges or costs which Snow Flower may incur.
SECTION 8 - PRODUCTS OR SERVICES (if applicable)
Certain Products may be available exclusively online through the Site. These Products may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
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 any Products or the Service that we offer. All descriptions of Products or Product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any Product at any time. Any offer for any Product made on this Site is void where prohibited.
We do not warrant that the quality of any Products, information, or other material purchased or obtained by you or that the Service or the Products themselves will meet your expectations, or that any errors in the Service or the Products will be corrected.
SECTION 9 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
Snow Flower reserves the right, without prior notification, to limit the order quantity on any Product and/or to refuse the Service to any User for any reason, including limitations on quantities available for purchase, inaccuracies or errors in Product or pricing information, or problems identified as potential fraud. Snow Flower reserves the right to limit the quantity of Products purchased per person, per household or per order for any reason; and these restrictions may apply to orders placed by the same account, the same credit card, and also to orders that use the same billing address and/or shipping address. Snow Flower also reserves the right, in our sole discretion, to either prohibit sales or limit quantities of sales to distributors, dealers or resellers. For purposes of these Terms of Service, reselling and the like shall be defined as purchasing or intending to purchase any Product from Snow Flower for the purpose of engaging in a commercial sale of that same Product with a third party. With respect to Products sold by Snow Flower, we cannot confirm the price of such Product until you order.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 10 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement (including but not limited to with respect to data security). We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 11 - THIRD-PARTY LINKS
Certain content, Products available via our Service may include materials from third-parties.
Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 12 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 13 - PERSONAL INFORMATION
SECTION 14 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to Product descriptions, pricing, promotions, offers, Product shipping charges, transit 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 related website is inaccurate at any time without prior notice (including after you have submitted your order). If the correct price of a Products sold by Snow Flower is higher than our stated price, we will at our discretion, either contact you for instructions before shipping or cancel your order.
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 15 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon 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 based on gender, sexual orientation, religion, ethnicity, race, age, national origin, 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 any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 16 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of the 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 remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all Products delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, non-infringement and data security.
In no case shall Snow Flower, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, data security breach/theft, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any Products, or for any other claim related in any way to your use of the Service or any Product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or Product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Snow Flower and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any suit or legal proceeding is brought to enforce any provision of these Terms of Service, Snow Flower (if the prevailing party) in such suit or proceeding shall be entitled to receive all of its reasonable expenses, including reasonable attorneys’ fees and costs.
SECTION 18 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 19 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms of Service for all purposes.
These Terms of Service are effective unless and until terminated by either you or 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 judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate these Terms of Service at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 20 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision, nor shall such constitute a waiver of any subsequent breaches of the same right or provision of these Terms of Service.
These Terms of Service and any policies or operating rules posted by us on this Site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 21 - GOVERNING LAW
THESE TERMS OF SERVICE SHALL BE GOVERNED BY AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK, WITHOUT CONSIDERATION OF ITS CONFLICT OF LAW PRINCIPLES. USER, BY ACCEPTING THESE TERMS OF SERVICE, CONSENTS AND AGREES TO EXCLUSIVE JURISDICTION IN THE SUPREME COURT FOR THE STATE OF NEW YORK, NEW YORK COUNTY, OR A FEDERAL DISTRICT COURT LOCATED IN THE SOUTHERN DISTRICT OF NEW YORK, PROVIDED THAT A PARTY MAY SEEK ENFORCEMENT OF A JUDGMENT OF SUCH COURTS IN ANY COURT OF COMPETENT JURISDICTION. BOTH SNOW FLOWER AND USER WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY DISPUTE BETWEEN THE PARTIES. SNOW FLOWER AND USER EACH IRREVOCABLY WAIVE ANY OBJECTION IT MAY NOW OR IN THE FUTURE HAVE TO THE VENUE OF ANY SUCH ACTION OR PROCEEDINGS AND ANY CLAIM IT MAY NOW OR IN THE FUTURE HAVE THAT ANY SUCH ACTION OR PROCEEDING HAS BEEN BROUGHT IN AN INCONVENIENT FORUM TO THE EXTENT THAT SUCH ACTION IS LITIGATED IN THE SUPREME COURT FOR THE STATE OF NEW YORK, NEW YORK COUNTY, OR A FEDERAL DISTRICT COURT LOCATED IN THE SOUTHERN DISTRICT OF NEW YORK.
SECTION 22 - RISK OF LOSS
The risk of loss for and title to Products purchased on the Site passes to the User upon Snow Flower’s delivery of such Product to the common carrier for shipment to User.
SECTION 23 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com.