Terms and Conditions
This website is operated by Sakura Skin. Throughout the site, the terms “we”, “us” and “our” refer to Sakura Skin who offers this website, 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, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.
Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions 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.
Online Store Terms
By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state or country of residence, or that you are the age of majority in your state or country of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products 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 Services.
Intellectual Property
All Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Sakura Skin, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United States and International intellectual property and other relevant laws.
You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by Sakura Skin.
General Conditions
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), 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. Credit card information is always encrypted during transfer over networks.
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.
Basis of Sale and Service
Sakura skin's employees or agents are not authorised to make any representations concerning the Products unless confirmed by Sakura skin in writing. In entering into this agreement, the Customer acknowledges that it does not rely on, and waives any claim for breach of, any such representations which are not so confirmed. No variation to this Agreement shall be binding unless agreed in writing between the authorised representatives of the Customer and Sakura Skin.
Sales literature, price lists and other documents issued by Sakura skin in relation to the Products are subject to alteration without notice and do not constitute offers to sell the Products which are capable of acceptance. An order placed by the Customer may not be withdrawn cancelled or altered prior to acceptance by Sakura skin and no contract for the sale of the Products shall be binding on Sakura skin unless Sakura skin has issued a quotation which is expressed to be an offer to sell the products and services or has accepted an order placed by the Customer by whichever is the earlier ofSakura skin's written acceptance; delivery of the Products; or Sakura skin's invoice.
Any typographical, clerical or other accidental errors or omissions in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by Sakura skin shall be subject to correction without any liability on the part of Sakura skin .
The Products
The specification for the Products shall be those set out in Sakura skin's sales documentation unless varied expressly in the Customer's order (if accepted by Sakura skin ). The Products will only be supplied in the minimum units (or multiples) stated in Sakura skin's price list or in multiples of the sales or as specified. Orders received for quantities other than these will be adjusted accordingly. Illustrations, photographs or descriptions whether in catalogues, brochures, price lists or other documents issued by Sakura skin are intended as a guide only and shall not be binding on Sakura skin .
Sakura skin reserves the right to make any changes in the specification of the Products which are required to conform with any applicable safety or other statutory or regulatory requirements or, where the Products are to be supplied to Sakura skin's specification, which do not materially affect their quality or performance.
No order which has been accepted by Sakura skin may be cancelled by the Customer except with the Agreement in writing of Sakura skin on the terms that the Customer shall indemnify Sakura skin in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by Sakura Skin as a result of cancellation.
Price
The price of the Products and Services shall be the price listed in accepted order current at the date of acceptance of the Customer's order or such other price as may be agreed in writing by Sakura skin and the Customer.
Sakura skin reserves the right, by giving notice to the Customer at any time before delivery, to increase the price of the Products to reflect any increase in the cost to Sakura skin which is due to any factor beyond the control of Sakura skin (such as, without limitation, any foreign exchange fluctuation currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture), any change in delivery dates, quantities or specifications for the Products which are requested by the Customer, or any delay caused by any instructions of the Customer or failure of the Customer to give Sakura skin adequate information or instructions.
Except as otherwise stated under the terms of any accepted order or in any price list of Sakura skin, and unless otherwise agreed in writing between the Customer and Sakura skin, all prices are inclusive of Sakura skin's charges for packaging and transport as specified in the accepted order.
Payment
All payments required to be made pursuant to this Agreement by the Customer shall be made immediately upon placing the order, without any set-off, withholding or deduction except such amount (if any) of tax as that party is required to deduct or withhold by law.
Delivery and Performance
Delivery of the Products shall be made by Sakura Skin delivering the Products to the place specified in the accepted order.
The Delivery Date is approximate only and time for delivery shall not be of the essence unless previously agreed by Sakura Skin in writing.
If the Customer fails to take delivery of the Products or any part of them on the Delivery Date and/or fails to provide any instructions, documents, licences, consents or authorisations required to enable the Products to be delivered on that date, the Products shall pass to the Customer, delivery shall be deemed to have taken place and the Customer shall pay to Sakura Skin all costs and expenses including storage and insurance charges arising from such failure.
With effect from the Commencement Date Sakura Skin shall, in consideration of the amount(s) being paid in accordance with the accepted order will provide the services expressly identified or otherwise agreed under this Agreement.
Non-Delivery of Products and Services
If Sakura Skin fails to deliver the Products or Services and any of them on the Delivery Date other than for reasons outside Sakura Skin's reasonable control or the Customer's or its carrier's fault:-if Sakura Skin delivers the Products at any time thereafter Sakura skin shall have no liability in respect of such late delivery; if the Customer gives written notice to Sakura skin within 14 business days after the Delivery Date and Sakura skin fails to deliver the Products and Services within 14 Business Days after receiving such notice the Customer may cancel the order and Sakura Skin's liability shall be limited to the excess (if any) of the cost of the Customer (in the cheapest available market) of similar products to those not delivered over the price of the Products not delivered.
Duties and Taxes
When ordering products from our site for delivery overseas you may be subject to additional duties and taxes, which are levied once the order reaches the specified destination. Any additional charges for customs clearance must be borne by you. We have no control over these charges and cannot predict what they may be. If these charges are unpaid, your order may be returned to us and we will be unable to refund shipping costs.
Please be aware that there may be limitations on what can be sent to you with regards to specific items and order value. You may also need to provide specific documentation for clearance of your order, once it arrives in your destination country. This may vary from country to country and we ask that you contact your local customs office for additional information before placing an order. We cannot refund any shipping costs should your order be returned for any of these reasons.
Risk of Loss
All items purchased are made pursuant to a shipment contract with our carriers. This means that the risk of loss and title for such items pass to you upon our delivery of your order to the carrier.
If you do not receive your order within 20 working days from the date of despatch, please contact us. We would request that you contact as soon as possible and within 45 days of placing your order. If you contact us outside of this time frame, we are unable to track your order or provide any reimbursement.
Chargebacks
You agree to contact Sakura Skin prior to raising a request for a chargeback or any dispute with your bank or card issuer in relation to any Transaction. If you make a card payment through Sakura skin, and later dispute a legitimate charge by raising a chargeback without merit or legitimate reason (as determined at our sole discretion), whether fraudulently or otherwise, then we reserve the right to blacklist you by providing compelling evidence to refute your invalid chargeback request and or pursue legal action as the case may be.
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 that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. 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 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.
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. 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 website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.
Third-Party Links
Certain content, products and services 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 products, 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.
Personal Information
For the purposes of applicable data protection legislation, the Sakura skin will process any personal data you have provided to it in accordance Privacy Policy available on the Sakura skin website or on request from Sakura skin.
You agree that, if you have provided Sakura skin with personal data relating to a third party (1) you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to Sakura skin and (2) that you have brought to the attention of any such third party the Privacy Notice available on the Sakura skin’s website or otherwise provided a copy of it to the third party. You agree to indemnify Sakura skin in relation to all and any liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements.
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).
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.
Prohibited Uses
In addition to other prohibitions as set forth in the Terms and Conditions, 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.
Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent or warrant that your 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 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 and services 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, and non-infringement.
In no case shall Sakura skin, 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, 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 procured using the service, 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.
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Sakura skin is not liable for any individual reaction to any particular ingredient. Prior purchasing and using any product from us, remember to carefully read all instructions, labels, ingredient lists, and follow the appropriate directions for use. If you have a specific skin condition, allergy or sensitivity, do not use ingredients that may trigger a reaction.
If you are not sure about your skin being compatible with our ingredients, please consult your healthcare provider or dermatologist prior ordering or using any Sakura skin products. An allergy patch test is recommended if there is any doubt or history of skin reactions. Discontinue use if a reaction occurs.
Sakura skin accepts no responsibility or liability for any adverse consequences resulting directly or indirectly from the use of our products. Contact your doctor immediately if you suspect that you have a medical problem or emergency. Please follow product's storage instructions carefully. Sakura skin is not liable for any individual reaction caused by a spoiled, destroyed or defective product due to being improperly stored while in customer's possession. Please consult a healthcare provider if you have any questions about a particular health condition. Do not disregard professional medical advice or delay in seeking it because of any information you have read on this website.
There are sometimes unknown individual risks and circumstances that can arise during use of our products that can influence or reduce results. We are not responsible for your personal actions or choices before, during or after using any of our products. You understand that any use of any product, suggestion, recommendation, information is at your own risk, with no liability on our part. You accept full responsibility for your use, or non-use, of any information provided by us through any means whatsoever. Your use, or non-use, of this information is at your own risk, and you absolve us of any liability or loss that you or any other person, may incur from your or their use or non-use of the Sakura skin products, or information provided by Sakura skin. If you have any concern, please consult a physician or any other medical specialist.
Nothing in these terms and conditions excludes or restricts Sakura skin’s liability for death or personal injury resulting from any negligence or fraud on the part of Sakura skin. Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant legal provisions. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
Indemnification
You agree to indemnify, defend and hold harmless Sakura skin 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 and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
Availability of the Web Site
The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
Sakura Skin accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions 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 and Conditions, we also may 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 accordingly may deny you access to our Services (or any part thereof).
Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions 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 and Conditions).
Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
Changes to Terms of Conditions
You can review the most current version of the Terms and Conditions at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions 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 and Conditions constitutes acceptance of those changes.
Severability
In the event that any provision of these Terms and Conditions 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 and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
Governing Laws
These terms and the relationship between you and us shall be governed by the laws of the United States and the courts of Massachusetts shall have non-exclusive jurisdiction over any dispute.