Terms of Service
The following Terms of Service Agreement (“Agreement”), between Omo Sade Cosmetics (“Company” or “Sade Skincare”), owner of https://sadeskincare.com ( “We”, “Us”, “Our”) and the visitors to this website (“You”, “Your”), shall govern the use of SadeSkinCare’s websites and services.
BY ACCESSING THIS WEBSITE, YOU AGREE TO THESE TERMS AND CONDITIONS. WE URGE YOU TO READ THIS AGREEMENT CAREFULLY AND, IF YOU HAVE ANY QUESTIONS, CONTACT US AT omosadeskincare@gmail.com
A. General
SadeSkinCare provides its website (located at www.sadeskincare.com) (“the Website”) and services (collectively, the “Services”) to You under this Agreement and Sade Skincare’s corresponding Privacy Policy, which is hereby incorporated into this Agreement. By accessing, registering for or using the Services, You agree to the following terms, conditions, policies, guidelines, and amendments listed below and all applicable laws.
You are permitted to use the Services if you agree to the Terms of Service and Privacy Policy. If you do not agree to these documents, you must not access Sade Skincare’s website or use its Services.
B. Age Requirement
Only adults over the age of eighteen (18) are permitted to use the website.
C. Use of Website and Services
In order to use the Website and Services, you may be required to provide information about yourself including your name, email address, and other personal information.
You agree that any registration and/or billing information you give to the Company will be accurate, correct and up to date. You agree that you will not impersonate someone else or provide account information, an email address, or other personal information other than your own. You may not use the Website and Services for any illegal or unauthorized purpose or violate any laws in your jurisdiction, in the use of the Website and Services.
D. Privacy Policy
In addition to the terms and conditions on this page, We have also incorporated a Privacy Policy to this Agreement.
This Privacy Policy lists general information practices and can be found by clicking the following link: Privacy Policy link to privacy policy.
E. Online Commerce
If you make a purchase from us on or through our Website or its Content, all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us, the merchant, and our payment processing company.
Your participation, correspondence or business dealings with any affiliate, individual or company found on or through our Website, all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a merchant.
We have no responsibility or liability for these independent policies of the payment processing companies and Merchants. In addition, when you make certain purchases through our Site or its Content, you may be subject to the additional terms and conditions of a payment processing company, Merchant or us that specifically apply to your purchase. For more information regarding a Merchant and its terms and conditions that may apply, visit that merchant’s Website and click on its information links or contact the Merchant directly.
You release us, our affiliates, our payment processing company, and merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Website or its Content.
F. Shopping Cart and Payment
Items in your Shopping Cart will always reflect the most recent prices displayed on the item’s product detail page, less any promotional discount code that you may have applied. All prices are subject to change at the discretion of Company. Please note this price may differ from the prices shown for the items when you first placed them in your Shopping Cart. Placing an item in your Shopping Cart does not necessarily reserve the price shown at that time; most Sade Skincare discount offers are for a limited time only, and have stated expiration dates. Accordingly, it is possible that an item’s price may change between the time you place it in your Shopping Cart and the time you complete your Checkout. In addition, prices are subject to availability of the product at the time of ordering.
While Sade Skincare strives to provide accurate pricing information, pricing or typographical errors may occur. Sade Skincare cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price due to an error in pricing, Sade Skincare shall have the right, at Sade Skincare’s sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mis-priced, SadeSkinCare may, at SadeSkinCare’s sole discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
Note that prices as listed do not include your local State Sales Taxes. At check out, Your local sales taxes will be calculated and assessed prior to completing your purchase.
Because the cosmetic industry is fast paced and driven by change, there are times when we need to revise our product offering. In most cases, this means adding new products and technologies. Unfortunately, we sometimes have to discontinue products. When a product is discontinued, it will be noted in the order form one season prior to discontinuation and will not be available for sale once discontinued.
G. Purchase, Return, and Refunds Policy
Customers can order products online through the Website or by calling the Company to place a phone order at 212-996-6300.
By clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button on the Website, or entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you agree to be provided with products by the Company under the following Terms of Purchase.
All sales are final. Exchanges will be permitted in Company’s discretion on unused products.
Returns must be made within 30 days of the purchase date and must include an authorization form and label issued by our Customer Service Department. Products must be in their original and salable condition, and unused, in order to qualify for a refund upon their return. If there is a return made due to Customer error, a 25% restocking fee will apply.
H. Discounts and Offer Codes
From time to time, in Our sole discretion, We may provide a reduced cost or promotional discount for products, for a promotional period, to first-time or other selected customers (“Promotions”). Promotions may be only available for a limited quantity and such Promotion may terminate or change at Our sole discretion.
Links to such Promotions may be posted on third party websites and will only be honored if such Promotion is current, valid and authorized. We assume no liability for incorrect, expired or unauthorized third party descriptions of Promotions.
Discounts may not be combined with any other sale, promotion, discount code, coupon and/or offer. Promotions have no cash value. Discounts cannot be sold or otherwise bartered.
I. Shipping Costs and Delivery
The standard delivery rate for orders between $20.00 and 100.00 is a flat fee of $10.00. The shipping rate for orders between $150.00 and $500.00 is $20.00.
Company will use reasonable efforts to ship your items to you within a reasonable time frame. Please allow up three to five business days for the order to be processed and shipped.
Please arrange to be available to accept your shipments. If an order is returned to Company because it was refused or no one was available to receive it, you will be responsible for the shipping charges and a 25% restocking fee. If the order is re-shipped, freight charges will be applied.
J. Statements on Website
These Terms of Service and corresponding Privacy Policy apply to all Services and extend to all users. Our Services may contain links to third party websites and services that are not owned or controlled by Us and we cannot control, and will not be held responsible for, the content, privacy policies, or practices of any third party websites or services.
By using the website and Services, you specifically release SadeSkinCare from any and all liability arising from your use of any third party website, third party services, or interaction with any third party.
a. WARRANTY DISCLAIMER
IMPLIED WARRANTIES, INCLUDING ANY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE IMPOSED ON THE SALE OF THESE PRODUCTS AND THEIR PARTS UNDER STATE LAW, ARE HEREBY WAIVED AND DISCLAIMED.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL SADE SKINCARE BE RESPONSIBLE FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SUCH AS LOSS OF USE, INCONVENIENCE, LOSS OR DAMAGE TO PERSONAL PROPERTY, WHETHER INDIRECT OR DIRECT, AND WHETHER ARISING IN CONTRACT OR TORT. IN NO EVENT SHALL SADE SKINCARE’s RESPONSIBILITY EXCEED THE LESSER OF THE PURCHASE PRICE OF THE PRODUCT OR ITS REPLACEMENT.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
K. Intellectual Property
All materials on the website, including without limitation text, images, names, trademarks, service marks, logos, identifiers, software and databases (collectively, the “Content”) are owned or controlled by Sade Skincare, its Affiliates, content suppliers and/or other content providers and is protected by the Copyright and Trademark laws of the United States and other countries, international conventions, and other applicable laws.
By using the Services, You are not granted a right or license to any Content. You may not download, display, reproduce, create derivative works from, transmit, sell, distribute, or in any way exploit the website or its Content for any public or commercial use without prior written consent of Sade Skincare or the relevant Affiliate.
Sade Skincare and Omo Sade are Our Trademarks. You agree not to use these Trademarks without Our express written consent.
L. Limitation of Liability
You agree that, to the extent permitted by applicable law, Your sole and exclusive remedy for any problems or dissatisfaction with the Services is to stop using the Services.
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATIN, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE WEBSITE, THE SERVICES, OR YOUR USE THEREOF, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE AND/OR CONTENT IS TO CEASE ALL OF YOUR WEBSITE USE.
IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS YOU PURCHASE ON OR THROUGH THIS WEBSITE OR FROM US, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, FROM THE US IS IN ACCORDANCE WITH OUR WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETRNS AD REFUNDS POLICIES POSTED ON THIS WEBSITE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND/OR SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, BEYOND THOSE SET FORTH IN THIS WARRANTY AND IN OUR MARKETING MATERIALS. WE AND/OR OUR SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EITHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE. SOME JURISDICTIONS DO NOT LLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF HE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THERE ARE NO WARRANTIES THAT EXTENT BEYOND THE FACE OF THIS CONTRACT AND OUR TOTAL LIABILITY SHALL NOT EXCEED THE PURCHASE PRICE PAID.
WE DO NOT WARRANT THAT SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SERVICES WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA. YOU AGREE THAT YOUR USE OF SERVICES IS AT YOUR SOLE RISK.
M. Indemnity and Release of Claims
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms of Service, or any use by you of the Site. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
In no event will the Company be liable to any party for any type of direct, indirect, special, incidental, or consequential damages for any use of or reliance on our Site, its Content, or its Products. You hereby release the Company from any and all claims including those related to personal or business interruptions, misapplication or information, or any other loss, condition, or issue.
N. Modification of Terms
We reserve the right to update or modify this Terms of Service and corresponding Privacy Policy at any time. All updates to these documents will be effective from the day they are posted online. The updates and modifications will be linked to Our Services behind the links labeled “Terms of Service” and “Privacy Policy.” If We make any material changes in the way that We collect, store, or use data, We will notify users of these changes. It is Your responsibility to regularly visit and review this Agreement and the Privacy Policy. If You do not agree to modifications to our Terms of Service and Privacy Policy, You must stop using our Services. Your continued use of our Services after we have posted the revised Terms of Service or Privacy Policy signifies to Us that You acknowledge and agree to be bound by these revised Terms of Service.
You agree that We may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on the website.
O. California Residents
It is required by the state of California that We, as a seller of products, inform the public about the possible presence of certain chemicals in Our products. While We do not believe that our products contain any of the chemicals covered under Proposition 65, or only trace amounts, We are nevertheless required to provide the following:
WARNING: This product contains a chemical (or chemicals) known to the State of California to cause cancer, birth defects or other reproductive harm.
If you have any questions about Our products or Proposition 65 please contact our customer service department.
P. Animal Testing
None of Company’s products are tested on animals. As assured, raw materials purchased by Company are not tested on animals and we do not test our finished products on animals. This is in regulation with E.U. cosmetic and skincare standards.
Q. Governing Law
This Agreement and the relationship between You and SadeSkinCare are governed by the laws of the state of New York.
R. Dispute Resolution
PLEASE READ THIS PROVISION CAREFULLY. IT PROVIDES THAT ANY DISPUTE MAY BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO A COURT, INCLUDING THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN COURT PROCEDURES. IN ARBITRATION, DISPUTES ARE RESOLVED BY AN ARBITRATOR INSTEAD OF A JUDGE OR JURY. THE ARBITRATOR’S DECISION WILL GENERALLY BE FINAL AND BINDING.
By using the Services, You understand and agree that any claim, dispute or controversy between You and Us (or by any third person connected with or claiming through You or Us) arising from or relating to Your use of the Services (“Claim”), including Claims regarding applicability or validity of this arbitration provision, shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association (“AAA”) (except for any AAA rules providing for class claims or class arbitration) then in effect, subject to this Agreement.
Any Claim regarding the validity or enforceability of this arbitration provision shall be governed by the laws of the State of New York, without giving effect to the choice of law provisions thereof. This arbitration provision is made pursuant to a transaction involving interstate commerce and, in all other respects, including the determination of any questions about whether Claims are within the scope of this arbitration provision and therefore subject to arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §1-16 ("FAA"), and shall be resolved by interpreting the arbitration provision in the broadest way the law will allow it to be construed.
All Claims are subject to arbitration, no matter what theory they are based on or what remedy they seek, including Claims based on contract, tort (including intentional tort), fraud, agency, negligence, statutory or regulatory provisions, or any other source of law. Claims made and remedies sought as part of a class action, private attorney general or other representative action are subject to arbitration on an individual (non-class, non-representative) basis. As an exception to arbitration, You and We retain the right to pursue in a small claims court located in the federal judicial district that includes your billing address at the time of the Claim, any Claim that is within the court's jurisdiction and proceeds on an individual basis.
The arbitration shall be conducted before a single arbitrator, applying to the Claims the substantive laws of the state of New York without giving effect to the choice of law provisions thereof. The arbitrator's authority is limited solely to the Claims between You and Us alone. The arbitration will not be consolidated with any other arbitration proceeding. You and we do not agree to any arbitration on a class action or representative basis, and the arbitrator shall not be authorized to treat any Claim on a class action or representative basis.
If you prevail in the arbitration of any Claim against us, we will reimburse you for any fees you paid to the AAA in connection with the arbitration. Any decision rendered will be final and binding on the parties, and judgment may be entered in a court of competent jurisdiction.
Arbitration rules and forms may be obtained from the AAA at www.adr.org. Claims shall be filed in any AAA office. However, any participatory hearing that you attend shall take place in New York, unless you chose to have the hearing take place in the federal judicial district that includes Your billing address at the time the arbitration Claim is filed.
This arbitration provision applies to all Claims now in existence or that may arise in the future.
S. Severability of Terms
If any provision of this Agreement is illegal or unenforceable, that provision is severed from this Agreement and the other provisions remain in force. If We do not enforce any right or provision in this Agreement, it does not create a waiver of these rights of provisions unless they are acknowledged or agreed by Us in writing.
T. Entire Agreement
The Terms of Service and Privacy Policy (including any policies, guidelines or amendments that may be presented to You from time to time) constitute the entire agreement between You and SadeSkinCare and govern your use of the Services. You also may be subject to additional terms and conditions, rules, regulations, and applicable law that may apply when you purchase products from SadeSkinCare. The provisions limiting SadeSkinCare’s liability will survive the expiration or termination of this Agreement.
Privacy Policy
This privacy policy sets out how Sade Skincare uses and protects the personal information you provide on the Sade Skincare website (hereinafter, “the Website” or “Website”).
Sade Skincare maintains an ongoing commitment to ensuring that your privacy is protected. Accordingly, any personally identifiable information provided by you to us when you use this website shall be used in accordance with the conditions outlined in this agreement.
Sade Skincare may change this policy periodically by updating this website. You should check this page from time to time to ensure that you continue to agree with the terms of this agreement.
Information Collected
This notice applies to all information collected or submitted on the Website. While using the of Website, you may have the opportunity to register for services, order products, make requests, and post content. Accordingly, depending on the process, you may be asked to provide the following types of Personally Identifiable Information:
Name
Postal Address
Email address
Phone number
Age
Gender or other demographic information
Location information
Credit card or payment information
We may also retain the details of purchases and other transactions or payments made with us or with some of our business partners affiliated with our Website.
Use of Personally Identifiable Information
Sade Skincare takes your privacy very seriously. Accordingly, we agree that we will only use the information you provide for the following specific purposes: to effectuate a registration made by you; to customize the advertising and content you see; to fulfill your requests for products and services (including purchases); to improve the content and overall look and feel of our Website and services; and to contact you, conduct research, and provide anonymous reporting for internal and external clients, when necessary.
We agree that we will not share, sell, rent or otherwise distribute your Personally Identifiable Information with outside parties, except to provide products or services you’ve requested through us, or in response to a validly-issued subpoena, court order, or other legal process, or when necessary to establish or exercise our legal rights or defend against legal claims made by you or on your behalf.
From time to time, we may employ the use of return email addresses to answer the email we receive from you. Such addresses are not used for any other purpose and are not shared with outside parties.
Finally, we agree that we will never use or share the personally identifiable information provided to us by you in any way that violates or is otherwise unrelated to the means described in this agreement, without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses.
Registration (if applicable)
In order to use some features of the Website, you must first complete the registration process. During registration, you are required to provide certain Personally Identifiable Information, including, but not limited to the information described above (see: “The Information We Collect”). This information will periodically be used by us to contact you about site news, updates and changes to this policy, and to enable you to retrieve your password, if necessary.
Correction of Personally Identifiable Information
So that we may best serve you, you are responsible for ensuring that all Personally Identifiable Information you provide on this site is maintained and kept current.
Cookies
Sade Skincare may use cookies to remember certain user information. This allows users of the Website to avoid logging in more than once, thereby saving time. You may, at any time, disable or refuse to accept cookies by changing the preferences or settings on your web browser. If you choose to disable cookies, you will still be able to use our Website. However, you will not be able to fully take advantage of certain automation and other functionality features available on this Website.
Please note: No personally identifiable information is collected with the cookies that we set. Accepting cookies while on the Website will not put the user at risk for marketing to other sites.
Web Statistics & Shared Data
We collect and use IP addresses to analyze trends, administer the site, track user movement, and gather broad aggregate demographic information for reporting and sponsorship purposes. IP addresses are not linked to Personally Identifiable Information.
From time to time, we may use non-identifiable aggregate information to better design our Website and to share with select advertising partners, sponsors, and/or affiliates. For example, we may tell an advertiser that X number of individuals visited a certain area on our Website, or that Y number of men and Z number of women filled out our registration form, but we would not disclose anything that could be used to personally identify those individuals.
Data Security
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have established appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.
Children’s Privacy
Protecting the privacy of children is especially important to us. For that reason, we never collect or maintain information at our Website from those we actually know are under 13, nor do we allow registration of users under the age of 13.
Scope of this Agreement; Third Party Websites
Although this agreement applies to the entirety of information obtained by you for the purpose of accessing or using content controlled and owned by SadeSkinCare, it does not apply to entities that are not owned or controlled by us.
This Website may contain links to other third party websites. Please be aware that SadeSkinCare does not claim any responsibility for the privacy practices of these third party sites. We encourage you to be aware when you leave our site and to take reasonable precautions when sharing your personally identifiable information on third party websites.
Opt-In Policy
You may “opt in” to receive newsletters, promotional offers and other useful information from us. To unsubscribe from our mailings (except important system and content update information detailed below), you may go to the ‘My Account’ section of the Website and edit your personal profile by selecting the “edit my profile” link.
Please note: You may not unsubscribe from receiving service announcements and important content update information regarding the Website, including but not limited to: service and account changes, Website upgrades, and site cancellation or business termination information.
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