Terms of service - Base Beauty

OVERVIEW

Base Beauty operates this store and website, including all related information, content, features, tools, products and services (the “Services”). The terms “we”, “us” and “our” refer to Base Beauty.

The below terms and conditions, together with any policies referenced herein (these “Terms & Conditions”, “Terms of Service” or “Terms”) 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 or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

We reserve the right to update, change, or replace any part of these Terms by posting updates to our website. It is your responsibility to check this page periodically for changes. Your continued use of the website following the posting of any changes constitutes acceptance of those changes.

Base Beauty is powered by Shopify, which enables us to provide the Services to you.

SECTION 1 – ONLINE ACCESS TERMS

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

To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide is correct, current and complete and that you have all rights necessary to provide this information.

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

You must not use our products or services for any unlawful, fraudulent, or unauthorized purpose, nor engage in any conduct that violates applicable local, state, or federal laws, including but not limited to those concerning intellectual property.

Any misuse of our Services or breach of these Terms may lead to the immediate suspension or termination of your access without notice.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to decline or discontinue service to any individual, account, or order where we have a lawful and legitimate reason to do so, including but not limited to suspected fraud, misuse of our Services, security concerns, breaches of these Terms, or other conduct that poses a risk to us, our staff, or our customers.

You acknowledge that, except for payment data, any content you submit may be transmitted over various networks and adapted to meet technical requirements of different devices or systems. Payment details are always encrypted during transfer for your protection.

You may not copy, reproduce, resell, distribute, or otherwise exploit any portion of our website, products, or services without our prior written consent.

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

SECTION 3 – PRODUCTS AND ACCURACY OF INFORMATION

We make reasonable efforts to provide an accurate representation of our products and services. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the site and your device settings and configuration.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our website.

All descriptions of products are subject to change at any time without notice at our sole discretion. Product descriptions are offered for general informational purposes only and should not be taken as professional or medical advice. We recommend reviewing the product packaging and contacting the manufacturer directly if you have concerns about allergies, sensitivities, or ingredient suitability.

While we make reasonable efforts to ensure the information on our site is accurate and up to date, we cannot guarantee that all content will always be complete, current, or error-free. The materials and information provided are for general guidance only and should not be the sole basis for making decisions without consulting more reliable or current sources. You acknowledge that your use of any information from this site is entirely at your own discretion and risk.

We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 4 – ORDERS

When you place an order, you are making an offer to purchase. Base Beauty reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Base Beauty confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Base Beauty may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e-mail, billing address, and/or phone number provided at the time the order was made.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 5 – PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. We are not liable for any modification, price change, suspension, or discontinuance of the Service. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order details. The prices displayed on our website include applicable sales tax, and the total cost of your order will be confirmed at checkout before you proceed to payment.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made through our Services. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 6 – SHIPPING AND DELIVERY

We aim to dispatch orders promptly, but delivery times may vary depending on destination, customs clearance, and courier delays. We are not liable for any delays caused by shipping carriers or external events beyond our control. All risk of loss or damage passes to you only once the products have been delivered to you (or to a person you have authorized to receive them).

If your order is being shipped internationally, please note that local laws may require you to pay additional import duties, taxes, or fees before receiving your parcel. These costs are the responsibility of the customer, and we have no control over or liability for such charges.

For more details, refer to our Delivery & Returns Policy.

SECTION 7 – INTELLECTUAL PROPERTY

All content and materials on this website, including but not limited to trademarks, logos, product names, text, descriptions, images, graphics, videos, design layouts, and any other visual or written content, are the property of Base Beauty, our affiliates, licensors, and/or suppliers. These materials are protected by copyright, trademark, and other intellectual property laws in the United States and internationally.

By accessing and using our website, you agree to respect all copyright and license agreements associated with the materials displayed here. Any unauthorized use, reproduction, modification, distribution, or republication of any part of our site, including content belonging to Base Beauty or our partner brands, is strictly prohibited unless written permission has been granted for personal, non-commercial use.

Some logos, trademarks, and service marks on our site belong to third-party brands, vendors, or suppliers featured on Base Beauty. All such marks are used with permission and remain the intellectual property of their respective owners. Base Beauty cannot be held responsible or liable for any misuse or infringement of third-party intellectual property by users or other entities.

SECTION 8 – OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, 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. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the 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 features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

SECTION 9 – THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.

We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on 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 and services should be directed to the third-party.

SECTION 10 – PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here.

By using the Services, you acknowledge that you have read these privacy policies.

SECTION 11 – USER COMMENTS AND FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.

We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.

We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be 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 Feedback 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 Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or in the Services that contain 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 is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 13 – PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any federal, state, or local regulations, rules, laws, or ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Base Beauty, or users of the Services, or expose them to liability.

In addition, you agree not to: (a) 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 Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet.

We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

SECTION 14 – DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY

The information, content, and materials provided through our website and Services are made available for general informational purposes only. While we strive to ensure accuracy, completeness, and reliability, we make no warranties or representations, express or implied, regarding the accuracy, completeness, or usefulness of any information displayed. Any reliance you place on such information is strictly at your own risk. Base Beauty disclaims all liability and responsibility for any loss or damage arising from reliance on information contained within the Services by you or any other party.

Except as expressly stated by Base Beauty, the Services and all products offered are provided on an “as is” and “as available” basis, without any representations, warranties, or conditions of any kind, whether express or implied, including but not limited to implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, durability, title, or non-infringement. We do not warrant that use of the Services will be uninterrupted, timely, secure, or error-free. Some jurisdictions do not allow the exclusion of implied warranties, so certain limitations may not apply to you.

To the fullest extent permitted by law, Base Beauty, its directors, officers, employees, affiliates, agents, contractors, suppliers, licensors, or any related third parties shall not be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind, including, without limitation, loss of profits, revenue, savings, data, goodwill, or other intangible losses, arising out of or in connection with your use of, or inability to use, the Services or products purchased through them. This includes, but is not limited to, any errors or omissions in any content or any loss or damage incurred as a result of reliance on material posted, transmitted, or otherwise made available via the Services, even if advised of their possibility.

Nothing in these Terms affects your statutory rights or excludes our responsibility for matters that cannot legally be limited, such as liability for death or fraud caused by negligence.

SECTION 15 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Base Beauty, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys’ fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

SECTION 16 – 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 17 – TERMINATION

All rights and obligations accrued by either party prior to the termination date shall continue to apply after termination. These Terms will remain effective until ended by you or by Base Beauty. You may terminate these Terms at any time by notifying us in writing that you no longer wish to use our Services, or simply by discontinuing your use of our website.

If we believe, in our reasonable judgment, that you have breached or are likely to breach any part of these Terms, we reserve the right to suspend or permanently terminate your access to the Services immediately, without prior notice. Upon termination, you remain responsible for any outstanding payments or obligations up to and including the effective termination date. Base Beauty also reserves the right to restrict or refuse future access to the Services, in whole or in part.

SECTION 18 – FORCE MAJEURE

We are not responsible for any failure to perform, or delay in performing, any of our obligations under these Terms where such delay or failure results from events outside our reasonable control. This includes, but is not limited to, strikes, lockouts, industrial action, natural disasters, extreme weather, fire, flood, war, terrorism, pandemics, transport disruptions, customs delays, or failures of telecommunications or utility services.

If such an event occurs, we will take reasonable steps to minimize the impact where possible.

SECTION 19 – 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.

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 governs 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 20 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Colorado, United States, without regard to its conflict of law provisions. Any disputes arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in Colorado.

SECTION 21 – CHANGES TO 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, in our sole discretion, to update, change, 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 the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Any changes will apply only to future use of our Services and will not affect orders already placed at the time the changes take effect. If we make any material changes, we will provide reasonable advance notice in accordance with applicable law.