IMPORTANT LEGAL INFORMATION: ATTENTION ALL INTERNET, RETAIL, WHOLESALE, AND MAIL ORDER CUSTOMERS, PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE AND PURCHASING OUR PRODUCTS, OR SERVICES. THE TERMS AND CONDITIONS OUTLINED HEREIN APPLY TO ALL VISITORS AND USERS OF THE SPAFETISH WEB SITE (THIS "WEB SITE"). THESE TERMS AND CONDITIONS MAY BE REVISED AT ANY TIME WITHOUT PRIOR NOTICE. SUCH REVISIONS SHALL BECOME EFFECTIVE IMMEDIATELY UPON BEING POSTED. YOUR USE OF THIS WEB SITE, PURCHASE OF OUR PRODUCTS OR SERVICES CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOREGOING AND FOLLOWING TERMS AND CONDITIONS STATED HEREIN – WITHOUT EXCEPTION. MOREOVER, IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU MUST REFRAIN FROM USING THIS WEBSITE AND PURCHASING OUR PRODUCTS OR SERVICES.
Minimum Order Policy: SpaFetish® welcomes orders of all sizes. You may therefore purchase as much or as little as your budget permits.
Payment
We offer secure on-line ordering using PayPal. You do not need to have a PayPal account to place an order. You will not be required to open a PayPal account to place your order. PayPal accepts Visa, MasterCard, Discover, AMEX, eChecks and Money Orders. We do not accepts COD under any circumstances. Please note that all of our products are handmade upon order. Therefore, your order will be prepared within 72 hours of your purchase and then shipped thereafter. Wholesale orders are prepared with 14 days of lead-time.
Tax
Items shipped within the State of California will be taxed 8.25%, while items shipped within the State of Michigan will be taxed. The tax will be included in the cost of shipping. The Michigan Sales Tax Rate is 6%. There is no sales tax within the State of Hawaii; therefore, none is imposed upon orders shipped within that state.
Return Policy
Our clients may purchase with confidence, knowing that every SpaFetish purchase is guaranteed. You may return all unopened, fully sealed items -- in their original condition and packaging -- within 5 days of receiving them. Due to the handcrafted nature of our products, which are freshly prepared at the time your order is placed, we will not accept any products that have been opened or used in any manner. Moreover, it is our policy to place delivery confirmation on all purchases, for the insurance of our clients. Therefore, all items must be returned within the 5 day period, as verified through your delivery confirmation tracking number. Any damages to your order must be reported within 48 hours of receiving them. If your product arrives damaged or defective, please contact us for assistance and directions on how to return your product.
A full refund will be issued to you, less the cost of shipping. Shipping charges are non-refundable. Once the items are received, your refund will be processed immediately. Please contact us to inform us of your intention to return an item and we will issue you a Return Authorization (RA) number. If you return your item(s) without an RA number, your order will not be refunded and you will be charged additional shipping fees, if you would like the item(s) returned to you.
We do not accept returns of opened or used merchandise; nor do we accept returns after 5 days of your receipt of the item. Customized purchases may not be returned as they are personalized at the time of order.
Any damaged items will be replaced with an identical product or issued a merchandise credit for the exact product. All merchandise credits must be used within one calendar year of the date issued -- without exception. Please contact us within 48 hours of receiving any damaged items and we will promptly send you a new product. Moreover, kindly save the box and all packaging materials, as we require those items to be returned to us.
Privacy Policy
SpaFetish® is committed to protecting your privacy. We use only secured credit card technology to protect your privacy and give you a safe and secure online experience. SpaFetish® does not – under any circumstances -- sell, rent or lease its customer lists to second or third parties. We value your business and are honored to serve you. Therefore, we are committed to protecting your privacy – without exception!
LEGAL NOTICE & TERMS OF USE
IF YOU DO NOT AGREE WITH THE TERMS SET FORTH IN THIS WEB SITE, OR ANY PORTION THEREOF, YOUR SOLE REMEDY SHALL BE TO CEASE USING THE WEB SITE AND TO REFRAIN FROM PURCHASING OUR PRODUCTS. UPON PURCHASE YOU ARE ACKNOWLEDGING THAT YOU HAVE READ, UNDERSTAND, AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THESE TERMS AND CONDITIONS.
DISCLAIMERS
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED HEREIN ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER SPAFETISH, NOR ITS OWNER, ANY OF THEIR RESPECTIVE AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEB SITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED HEREIN, ON OR THROUGH THIS WEB SITE MAY BE OUTDATED, AND NEITHER SPAFETISH, ITS SUPPLIERS, NOR ANY OF THEIR RESPECTIVE AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEB SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
Use of the Website is at your own risk. Subject to these terms, you assume full responsibility and risk of loss resulting from your use of, or access to data, files, information, content, or other material on or through the Website. YOU AGREE THAT WE WILL NOT BE RESPONSIBLE OR LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEBSITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE WEBSITE; (e) COMPUTER VIRUSES, SYSTEM FAILURE OR MALFUNCTION WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE WEBSITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; OR (f) EVENTS BEYOND OUR REASONABLE CONTROL. FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY LAW WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE WEBSITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).
LIMITATIONS OF LIABILITY
NEITHER SPAFETISH, NOR ITS OWNER, RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
SpaFetish®, its owner, or anyone affiliated thereto, will not be held responsible for any injury due to the use of our products. Neither we nor any of our associates, agents and licensors shall be liable for any direct, indirect, incidental, punitive, or consequential loss, damage or injury of any kind whatsoever.
Upon purchase of our products, you have legally agreed to hold harmless, SpaFetish®, its owner, its Agents, Associates, or anyone affiliated thereto, for any harm or injury as a result of using our products. You will find the ingredients used in our products on the back of each product purchased – or on the packaging. Persons with sensitivities or allergies to product ingredients should refrain from using those products. Should you develop a rash or allergy from any of our products discontinue use immediately. Moreover, please be hereby informed that some products may contain nuts or nut butters or oils (this includes Shea Butter, Macadamia Nuts or Walnuts). What’s more, our products may also be made with equipment that may come into contact with tree nuts. Those with nut sensitivities should avoid our products. If you have any concerns regarding product ingredients please contact us for a full listing of all products that contain nut derivatives.
Furthermore, as with the use of all bath or cosmetic items, please test on a small area of skin if to ascertain allergies to such. Please keep products away from children unless deemed appropriate for use by children. We also admonish that our products should not be used for anything other than the purpose for which they were created. We will not be held liable for misuse, allergic reactions or any injury suffered from the known or unknown and consenting use of our products. What is more, whether you are a retail customer, Wholesale customer or private label customer, upon purchase of our products, you fully acknowledge that you have read, understand and agree, without limitation or qualification, to be bound by these terms and conditions without exception. Stated more broadly, upon purchasing products from SpaFetish®, you acknowledge your agreement with our policies and release us from liability should any mishaps, allergic reactions or injuries occur.
We make absolutely no medical claims for any of our products. On such pages where we have deemed our products effective for certain skin conditions, we only suggest that this is what has been reported. Our products do not take the place of proper medical advice. Therefore, you are solely responsible for consulting a physician prior to use. Moreover, all of our products should be used with extreme care and caution. SpaFetish®, its owner, employees, affiliates, agents, representatives or licensors, assumes no liability for claims arising from the use or misuse of our products. Your use of this site and our products is at your own risk. Neither SpaFetish®, nor its owner, directors, affiliates, employees, agents, representatives or licensors shall be liable to you or anyone else for any loss or injury, or any direct, indirect, incidental, consequential, special, punitive or similar damages arising out of your access or use of, or your inability to access or use, this site, our products or the information available on the site. You hereby waive any and all claims against SpaFetish®, its owner, its employees, affiliates, agents, representatives or licensors arising out of your use of this site, our products and the information available thereon.
The contents of this website are for informational purposes only. It is not intended to be a diagnosis and/or substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. You acknowledge that any reliance on any such opinion, statement or information shall be at your sole risk.Additionally, SpaFetish®, its owner, its employees, affiliates, agents, representatives or licensors assumes no liability for claims arising from the use or misuse of our products. The purchase and/ or use of our products constitutes your full acceptance of our terms, conditions and policies – without exception.
Neither SpaFetish®, nor its owner, directors, affiliates, agents, representatives or licensors shall be liable to you or anyone else for any loss or injury, or any direct, indirect, incidental, consequential, special, punitive or similar damages arising out of your access, purchase of, or use of our products, this website and/or the information available on the site. You hereby waive any and all claims against SpaFetish®, its owner, its employees, affiliates, agents, representatives or licensors arising out of your use of this site, our products and the information available thereon.We make absolutely no medical claims for any of our products. On such pages where we have deemed our products effective for certain skin conditions, we only suggest that this is what has been reported. Our products do not take the place of proper medical advice. Therefore, you are solely responsible for consulting a physician prior to use. Moreover, all of our products should be used with extreme care and caution. SpaFetish®, its owner, employees, affiliates, agents, representatives or licensors, assumes no liability for claims arising from the use or misuse of our products. Your use of this site and our products is at your own risk. Neither SpaFetish®, nor its owner, directors, affiliates, employees, agents, representatives or licensors shall be liable to you or anyone else for any loss or injury, or any direct, indirect, incidental, consequential, special, punitive or similar damages arising out of your access or use of, or your inability to access or use, this site, our products or the information available on the site. You hereby waive any and all claims against SpaFetish®, its owner, its employees, affiliates, agents, representatives or licensors arising out of your use of this site, our products and the information available thereon.
The contents of this website are for informational purposes only. It is not intended to be a diagnosis and/or substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. You acknowledge that any reliance on any such opinion, statement or information shall be at your sole risk.Additionally, SpaFetish®, its owner, its employees, affiliates, agents, representatives or licensors assumes no liability for claims arising from the use or misuse of our products. The purchase and/ or use of our products constitutes your full acceptance of our terms, conditions and policies – without exception.
Neither SpaFetish®, nor its owner, directors, affiliates, agents, representatives or licensors shall be liable to you or anyone else for any loss or injury, or any direct, indirect, incidental, consequential, special, punitive or similar damages arising out of your access, purchase of, or use of our products, this website and/or the information available on the site. You hereby waive any and all claims against SpaFetish®, its owner, its employees, affiliates, agents, representatives or licensors arising out of your use of this site, our products and the information available thereon.
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF THE PURCHASE AND USE OF OUR PRODUCTS.
Indemnification
You agree to defend, indemnify and hold SpaFetish®, its owner, its employees, affiliates, agents, representatives, licensors or anyone affiliated thereto, harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your use of this web site and/or our products.
Revisions to these Terms and Conditions
These Terms and Conditions may be revised at any time and from time to time by updating this posting. Such revisions shall become effective immediately upon being posted. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by legal notices or terms located on particular pages of this Web Site. Your continued use of this Web Site after any amendments to these terms and conditions are posted will be considered acknowledgment and unconditional acceptance of the Agreement and its revision.
Choice of Law; Jurisdiction
These Terms and Conditions supersede any other agreement between you and SpaFetish® to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and Conditions will be governed by and construed in accordance with the laws of either the States of California, Hawaii or Michigan.
Termination
We may suspend or terminate your account or your use of this Web Site at any time, for any reason or at our sole discretion, without furnishing a reason. You are personally liable for any orders placed or charges incurred prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Web Site at any time without notice.
Trademarks
SpaFetish® is the registered trademark of SpaFetish International, LLC.
Copyright
SpaFetish® reserves copyrights in all contents of this web site, including but not limited to our brand image (i.e, the style and/or "look and feel" of our brand and image we present to the consuming public) our philosophy, ingredients, product names, anecdotes, sayings, design, all written text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement. This website is maintained by Psalm 91. The contents of this web site may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the prior written permission of SpaFetish International, LLC. By view of and use of this web site, you further agree that you will not systematically extract, collect or gather, through electronic means or otherwise, any data or data fields from this web. You may not modify the information or materials displayed on or that can be downloaded from this Web Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose. You may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create plagaristic works from, sell, license or otherwise exploit this Web site. Any unauthorized use of any such information or materials violates copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations and is strictly prohibited. In the event of a violation of any laws or regulations, SpaFetish® reserves the right to seek all remedies available by law and in equity. SpaFetish® further reserves the right to block or deny access to the Web Site to anyone at any time for any reason.
Minimum Order Policy: SpaFetish® welcomes orders of all sizes. You may therefore purchase as much or as little as your budget permits.
Payment
We offer secure on-line ordering using PayPal. You do not need to have a PayPal account to place an order. You will not be required to open a PayPal account to place your order. PayPal accepts Visa, MasterCard, Discover, AMEX, eChecks and Money Orders. We do not accepts COD under any circumstances. Please note that all of our products are handmade upon order. Therefore, your order will be prepared within 72 hours of your purchase and then shipped thereafter. Wholesale orders are prepared with 14 days of lead-time.
Tax
Items shipped within the State of California will be taxed 8.25%, while items shipped within the State of Michigan will be taxed. The tax will be included in the cost of shipping. The Michigan Sales Tax Rate is 6%. There is no sales tax within the State of Hawaii; therefore, none is imposed upon orders shipped within that state.
Return Policy
Our clients may purchase with confidence, knowing that every SpaFetish purchase is guaranteed. You may return all unopened, fully sealed items -- in their original condition and packaging -- within 5 days of receiving them. Due to the handcrafted nature of our products, which are freshly prepared at the time your order is placed, we will not accept any products that have been opened or used in any manner. Moreover, it is our policy to place delivery confirmation on all purchases, for the insurance of our clients. Therefore, all items must be returned within the 5 day period, as verified through your delivery confirmation tracking number. Any damages to your order must be reported within 48 hours of receiving them. If your product arrives damaged or defective, please contact us for assistance and directions on how to return your product.
A full refund will be issued to you, less the cost of shipping. Shipping charges are non-refundable. Once the items are received, your refund will be processed immediately. Please contact us to inform us of your intention to return an item and we will issue you a Return Authorization (RA) number. If you return your item(s) without an RA number, your order will not be refunded and you will be charged additional shipping fees, if you would like the item(s) returned to you.
We do not accept returns of opened or used merchandise; nor do we accept returns after 5 days of your receipt of the item. Customized purchases may not be returned as they are personalized at the time of order.
Any damaged items will be replaced with an identical product or issued a merchandise credit for the exact product. All merchandise credits must be used within one calendar year of the date issued -- without exception. Please contact us within 48 hours of receiving any damaged items and we will promptly send you a new product. Moreover, kindly save the box and all packaging materials, as we require those items to be returned to us.
Privacy Policy
SpaFetish® is committed to protecting your privacy. We use only secured credit card technology to protect your privacy and give you a safe and secure online experience. SpaFetish® does not – under any circumstances -- sell, rent or lease its customer lists to second or third parties. We value your business and are honored to serve you. Therefore, we are committed to protecting your privacy – without exception!
LEGAL NOTICE & TERMS OF USE
IF YOU DO NOT AGREE WITH THE TERMS SET FORTH IN THIS WEB SITE, OR ANY PORTION THEREOF, YOUR SOLE REMEDY SHALL BE TO CEASE USING THE WEB SITE AND TO REFRAIN FROM PURCHASING OUR PRODUCTS. UPON PURCHASE YOU ARE ACKNOWLEDGING THAT YOU HAVE READ, UNDERSTAND, AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THESE TERMS AND CONDITIONS.
DISCLAIMERS
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED HEREIN ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER SPAFETISH, NOR ITS OWNER, ANY OF THEIR RESPECTIVE AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEB SITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED HEREIN, ON OR THROUGH THIS WEB SITE MAY BE OUTDATED, AND NEITHER SPAFETISH, ITS SUPPLIERS, NOR ANY OF THEIR RESPECTIVE AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEB SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
Use of the Website is at your own risk. Subject to these terms, you assume full responsibility and risk of loss resulting from your use of, or access to data, files, information, content, or other material on or through the Website. YOU AGREE THAT WE WILL NOT BE RESPONSIBLE OR LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEBSITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE WEBSITE; (e) COMPUTER VIRUSES, SYSTEM FAILURE OR MALFUNCTION WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE WEBSITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; OR (f) EVENTS BEYOND OUR REASONABLE CONTROL. FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY LAW WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE WEBSITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).
LIMITATIONS OF LIABILITY
NEITHER SPAFETISH, NOR ITS OWNER, RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
SpaFetish®, its owner, or anyone affiliated thereto, will not be held responsible for any injury due to the use of our products. Neither we nor any of our associates, agents and licensors shall be liable for any direct, indirect, incidental, punitive, or consequential loss, damage or injury of any kind whatsoever.
Upon purchase of our products, you have legally agreed to hold harmless, SpaFetish®, its owner, its Agents, Associates, or anyone affiliated thereto, for any harm or injury as a result of using our products. You will find the ingredients used in our products on the back of each product purchased – or on the packaging. Persons with sensitivities or allergies to product ingredients should refrain from using those products. Should you develop a rash or allergy from any of our products discontinue use immediately. Moreover, please be hereby informed that some products may contain nuts or nut butters or oils (this includes Shea Butter, Macadamia Nuts or Walnuts). What’s more, our products may also be made with equipment that may come into contact with tree nuts. Those with nut sensitivities should avoid our products. If you have any concerns regarding product ingredients please contact us for a full listing of all products that contain nut derivatives.
Furthermore, as with the use of all bath or cosmetic items, please test on a small area of skin if to ascertain allergies to such. Please keep products away from children unless deemed appropriate for use by children. We also admonish that our products should not be used for anything other than the purpose for which they were created. We will not be held liable for misuse, allergic reactions or any injury suffered from the known or unknown and consenting use of our products. What is more, whether you are a retail customer, Wholesale customer or private label customer, upon purchase of our products, you fully acknowledge that you have read, understand and agree, without limitation or qualification, to be bound by these terms and conditions without exception. Stated more broadly, upon purchasing products from SpaFetish®, you acknowledge your agreement with our policies and release us from liability should any mishaps, allergic reactions or injuries occur.
We make absolutely no medical claims for any of our products. On such pages where we have deemed our products effective for certain skin conditions, we only suggest that this is what has been reported. Our products do not take the place of proper medical advice. Therefore, you are solely responsible for consulting a physician prior to use. Moreover, all of our products should be used with extreme care and caution. SpaFetish®, its owner, employees, affiliates, agents, representatives or licensors, assumes no liability for claims arising from the use or misuse of our products. Your use of this site and our products is at your own risk. Neither SpaFetish®, nor its owner, directors, affiliates, employees, agents, representatives or licensors shall be liable to you or anyone else for any loss or injury, or any direct, indirect, incidental, consequential, special, punitive or similar damages arising out of your access or use of, or your inability to access or use, this site, our products or the information available on the site. You hereby waive any and all claims against SpaFetish®, its owner, its employees, affiliates, agents, representatives or licensors arising out of your use of this site, our products and the information available thereon.
The contents of this website are for informational purposes only. It is not intended to be a diagnosis and/or substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. You acknowledge that any reliance on any such opinion, statement or information shall be at your sole risk.Additionally, SpaFetish®, its owner, its employees, affiliates, agents, representatives or licensors assumes no liability for claims arising from the use or misuse of our products. The purchase and/ or use of our products constitutes your full acceptance of our terms, conditions and policies – without exception.
Neither SpaFetish®, nor its owner, directors, affiliates, agents, representatives or licensors shall be liable to you or anyone else for any loss or injury, or any direct, indirect, incidental, consequential, special, punitive or similar damages arising out of your access, purchase of, or use of our products, this website and/or the information available on the site. You hereby waive any and all claims against SpaFetish®, its owner, its employees, affiliates, agents, representatives or licensors arising out of your use of this site, our products and the information available thereon.We make absolutely no medical claims for any of our products. On such pages where we have deemed our products effective for certain skin conditions, we only suggest that this is what has been reported. Our products do not take the place of proper medical advice. Therefore, you are solely responsible for consulting a physician prior to use. Moreover, all of our products should be used with extreme care and caution. SpaFetish®, its owner, employees, affiliates, agents, representatives or licensors, assumes no liability for claims arising from the use or misuse of our products. Your use of this site and our products is at your own risk. Neither SpaFetish®, nor its owner, directors, affiliates, employees, agents, representatives or licensors shall be liable to you or anyone else for any loss or injury, or any direct, indirect, incidental, consequential, special, punitive or similar damages arising out of your access or use of, or your inability to access or use, this site, our products or the information available on the site. You hereby waive any and all claims against SpaFetish®, its owner, its employees, affiliates, agents, representatives or licensors arising out of your use of this site, our products and the information available thereon.
The contents of this website are for informational purposes only. It is not intended to be a diagnosis and/or substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. You acknowledge that any reliance on any such opinion, statement or information shall be at your sole risk.Additionally, SpaFetish®, its owner, its employees, affiliates, agents, representatives or licensors assumes no liability for claims arising from the use or misuse of our products. The purchase and/ or use of our products constitutes your full acceptance of our terms, conditions and policies – without exception.
Neither SpaFetish®, nor its owner, directors, affiliates, agents, representatives or licensors shall be liable to you or anyone else for any loss or injury, or any direct, indirect, incidental, consequential, special, punitive or similar damages arising out of your access, purchase of, or use of our products, this website and/or the information available on the site. You hereby waive any and all claims against SpaFetish®, its owner, its employees, affiliates, agents, representatives or licensors arising out of your use of this site, our products and the information available thereon.
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF THE PURCHASE AND USE OF OUR PRODUCTS.
Indemnification
You agree to defend, indemnify and hold SpaFetish®, its owner, its employees, affiliates, agents, representatives, licensors or anyone affiliated thereto, harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your use of this web site and/or our products.
Revisions to these Terms and Conditions
These Terms and Conditions may be revised at any time and from time to time by updating this posting. Such revisions shall become effective immediately upon being posted. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by legal notices or terms located on particular pages of this Web Site. Your continued use of this Web Site after any amendments to these terms and conditions are posted will be considered acknowledgment and unconditional acceptance of the Agreement and its revision.
Choice of Law; Jurisdiction
These Terms and Conditions supersede any other agreement between you and SpaFetish® to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and Conditions will be governed by and construed in accordance with the laws of either the States of California, Hawaii or Michigan.
Termination
We may suspend or terminate your account or your use of this Web Site at any time, for any reason or at our sole discretion, without furnishing a reason. You are personally liable for any orders placed or charges incurred prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Web Site at any time without notice.
Trademarks
SpaFetish® is the registered trademark of SpaFetish International, LLC.
Copyright
SpaFetish® reserves copyrights in all contents of this web site, including but not limited to our brand image (i.e, the style and/or "look and feel" of our brand and image we present to the consuming public) our philosophy, ingredients, product names, anecdotes, sayings, design, all written text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement. This website is maintained by Psalm 91. The contents of this web site may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the prior written permission of SpaFetish International, LLC. By view of and use of this web site, you further agree that you will not systematically extract, collect or gather, through electronic means or otherwise, any data or data fields from this web. You may not modify the information or materials displayed on or that can be downloaded from this Web Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose. You may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create plagaristic works from, sell, license or otherwise exploit this Web site. Any unauthorized use of any such information or materials violates copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations and is strictly prohibited. In the event of a violation of any laws or regulations, SpaFetish® reserves the right to seek all remedies available by law and in equity. SpaFetish® further reserves the right to block or deny access to the Web Site to anyone at any time for any reason.