Terms & Conditions
Last updated: February 5, 2023. Please read these terms and conditions carefully before using Our Service.
Interpretation & Definitions
INTERPRETATION
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
DEFINITIONS
For the purposes of these Terms and Conditions:
Application means the software program provided by the Company downloaded by You on any electronic device, named FiveLayersofSelf.com
Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for the election of directors or other managing authority.
Account means an individual’s account created for You to access our Service or parts of our Service.
Country refers to: California, United States
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Five Layers Of Self, LLC., El Dorado Hills, CA 95762.
Content refers to text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
Goods refer to the items offered for sale on the Service.
In-app Purchase refers to the purchase of a product, item, service or Subscription made through the Application and subject to these Terms and Conditions and/or the Application Store's own terms and conditions.
Orders mean a request by You to purchase Goods from Us.
Service refers to the Application or the Website or both.
Terms and Conditions (also referred to as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Website refers to Five Layers of Self, accessible from http://www.FiveLayersofSelf.com
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service. It is Your responsibility to check our website periodically for changes.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Placing Orders for Goods
By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts. We reserve the right to refuse service to anyone at any time. You agree to provide current, complete, and accurate purchase and account information for any / all purchases made from Our Service. You agree to update Your account and other information, including your email address, credit card numbers, and expiration dates.
Your Information
If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.
You agree to provide current and accurate purchase and account information for any and all purchases made on our Service.
You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment methods (s) in connection with any Order, and that (ii) the information You supply to us is accurate, and complete.
By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.
Order Cancellation
Once an order has been placed, it cannot be modified or canceled.
We reserve the right to refuse or cancel Your Order at any time for specific reasons including but not limited to the following:
Goods availability; We reserve the right to limit the quantities of any Goods, or Services to any person, jurisdiction, and geographical region.
Errors in the description or prices for Goods; We reserve the right to discontinue any Product /Goods at any time.
Errors in Your Order: In our sole discretion, we may limit or cancel quantities purchased per person.
We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.
Your Order Cancellation Rights
Any Goods you purchase can only be returned in accordance with these Terms and Conditions and Our Return & Refund Policy.
Our Return & Refund Policy forms a part of these Terms and Conditions. Please read our Returns Policy to learn more about your right to cancel Your Order.
Your right to cancel an Order only applies to Goods that are returned within 14 days of delivery for a full refund, minus Shipping & Handling. Goods should be in the same condition as You received them. Goods must be returned unused, undamaged, and unopened in their original packaging. You should also include all product instructions, documents, and wrappings.
Goods that are damaged or opened will not be accepted, and You will not be refunded. You should therefore take reasonable care of the purchased Goods while they are in Your possession.
We will reimburse You no later than 14 days from the day we receive the returned Goods. We will use the same means of payment as You used for the Order. The original Shipping and Handling charge, if any, is not refundable.
We will notify you via email once We have received and inspected Your Return.
You will not have any right to cancel an Order for the supply of any of the following Goods:
The supply of Goods made to Your specifications or personalized.
The supply of Goods which according to their nature are not suitable to be returned, deteriorates rapidly, or where the date of expiry is over.
The supply of Goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
The supply of Goods which are, after delivery, according to their nature, inseparably mixed with other items.
The supply of digital content is not supplied on a tangible medium if the performance has begun with Your prior express consent and You have acknowledged Your loss of cancellation right.
Availability, Errors and Inaccuracies
We are constantly updating Our offerings of Goods on the Service. The Goods available on Our Service may be mispriced, described inaccurately, or unavailable. We may experience delays in updating information regarding our Goods on the Service and in Our advertising on other websites. We shall not be liable to You or any third party for modification, suspension, price change, or discontinuance of the Service. We reserve the right to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We cannot guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information, correct errors, inaccuracies, or omissions at any time, without prior notice, or cancel orders if any information in the Service is inaccurate.
Prices Policy
The Company reserves the right to revise its prices at any time prior to accepting an Order. Prices for Our Goods are subject to change without notice due to inflation, supply chain interruptions, resource shortages, and unforeseen circumstances.
The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs, and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order, minus Shipping and Handling charges (If applicable) which cannot be refunded.
SHIPPING INFO
We are not responsible for lost packages.
We are not responsible for shipping delays once a package has left our facility. All orders will be processed in the order in which they are received. You must provide current, complete, and accurate information for your shipping and billing accounts.
In the event of Shipping damage to Goods, please save all package materials and report damage directly to the postal carrier. Any shipping damage claims must be filed with the carrier directly.
Payments
We cannot edit or adjust the payment method once an order is placed.
All Goods purchased are subject to a one-time payment. Payment can be made through various available payment methods, such as Visa, MasterCard, Affinity Card, American Express cards, or online payment methods (PayPal, for example).
Payment cards (credit or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.
The payment processors we work with are:
Paypal/Braintree
Their Privacy Policy can be viewed at: https://www.Paypal.com/webapps/mpp/ua/privacy-full.
Google Privacy Policy
Their Privacy Policy can be viewed at: https://www.Google.com/policies/privacy.
Apple Store In-App Payments
Their Privacy Policy can be viewed at: https://www.Apple.com/legal/privacy/en-ww/
PRODUCTS, GOODS, SERVICES
Certain Goods or Products may be available exclusively through the website. Certain Goods or Products may have limited quantities and are subject to return or exchange only according to Our Return Policy.
Every effort has been made to display with accuracy the colors and images of each of our products that appear on the Website. There is no guarantee that Your computer’s monitor will display color with accuracy.
We reserve the right, but in no way obligated, to limit the sales of Our Goods or Products to any person, jurisdiction, or geographic region. We also have the right to limit the quantities of any Goods or Products that we may offer. Any pricing of Goods descriptions and Goods pricing are subject to change without notice and at the sole discretion of Service.
We reserve the right to limit purchase quantities of each Product and prohibit orders if necessary. Resellers, Dealers, or Distributors should contact our office for Authorization. If any Goods or Product was purchased through an unauthorized Reseller, don't hesitate to get in touch with the Reseller regarding their return policy. We do not offer returns or refunds on orders purchased from Resellers. Any Products purchased at one of our retail partners, either online or at a store, must be directed to the original place of purchase.
Please keep in mind that all products are handmade, blended in small batches to ensure freshness, packaged by hand, and 100% recyclable.
MEDICAL DISCLAIMER
This Website is solely an online store for personal care products and cosmetics. Any statements, content, and other materials available on the Website relating to Goods: (i) are not intended to diagnose, treat, cure, or prevent any medical condition or disease; and (ii) are not in any way intended as medical advice or as a substitute for medical treatment. Before using any product, you should consult your physician or other medical professionals.
You should always take care and read all Product packaging and labels carefully. You should always consult your physician or health care provider before using any products, especially if you have a medical condition or are pregnant.
We assume no liability for any injury, illness, adverse reaction, and effects that may have been caused by the misuse and/or use of the information on products presented on the website.
Many different substances may cause the skin to react. Patch Testing a small amount of a product topically to the skin is an excellent way to see if a reaction develops. Pick a topical & discreet area and leave it on for several minutes. NEVER use Products in the eye area, internally, or on open wounds or irritated skin.
*Allergy sensitivities vary. Some allergies from a patch test may take days to develop.
A Dermatologist or Other Medical professional may offer patch testing at their office. Patch testing may also be done at home to test out any skin product or cosmetics prior to incorporating it into your skin routine.
More information on this topic can be found at the American Academy of Dermatology.
FDA DISCLAIMER
The statements made regarding these products have not been evaluated by the Food and Drug Administration. The efficacy of these products has not been confirmed by FDA research. These products are not intended to diagnose, treat, cure, or prevent any disease. All information presented here is not a substitute for alternative information from health care practitioners. Even though our products are strictly applied topically, and not ingestable, please consult your healthcare provider about potential interactions or complications before using any product.
The Federal Food, Drug, and Cosmetic Act require this notice.
Please visit the FDA website to learn more about cosmetics and their ingredients.
http://www.fda.gov/cosmetics/default.htm
In-app Purchases
The Application may include In-app Purchases that allow you to buy products, services, or Subscriptions.
More information about how you may be able to manage In-app Purchases using your Device may be set out in the Application Store's own terms and conditions or your Device's Help settings.
In-app Purchases can only be consumed within the Application. If you make an In-app Purchase, that In-app Purchase cannot be canceled after you have initiated its download. In-app Purchases cannot be redeemed for cash or other consideration or otherwise transferred.
If any In-app Purchase is not successfully downloaded or does not work once it has been successfully downloaded, we will, after becoming aware of the fault or being notified to the fault by You, investigate the reason for the fault. We will act reasonably in deciding whether to provide You with a replacement In-app Purchase or issue You with a patch to repair the fault. In the unlikely event that we are unable to replace or repair the relevant In-app Purchase or are unable to do so within a reasonable period of time and without significant inconvenience to You, We will authorize the Application Store to refund You an amount up to the cost of the relevant In-app Purchase. Alternatively, if You wish to request a refund, You may do so by contacting the Application Store directly.
You acknowledge and agree that all billing and transaction processes are handled by the Application Store from where you downloaded the Application and are governed by that Application Store's own terms and conditions.
You need to contact the Application Store directly if you have any payment-related issues with In-app Purchases.
User Accounts
When You create an account with Us, You must provide Us with accurate, complete, and current information at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
You are responsible for safeguarding the password You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Content
Your Right to Post Content
In the event You post Content to Our Service, You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.
You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
Content Restrictions
The Company is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.
You may not transmit any unlawful Content, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
Unlawful or promoting unlawful activity.
Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
Spam, machine – or randomly–generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
Infringing on any party's proprietary rights, including patent, trademark, trade secret, copyright, right of publicity or other rights.
Impersonating any person or entity including the Company and its employees or representatives.
Violating the privacy of any third person.
False information and features.
The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with these Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner of any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect, or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.
Content Backups
Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data.
Corrupt or invalid backup points may be caused by, without limitation, corrupted content prior to being backed up or changes during the time a backup is performed.
The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to restore Content to a usable state successfully.
You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.
Copyright Policy
Intellectual Property Infringement
We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.
If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at Legal@Fivelayersofself.com and include in Your notice a detailed description of the alleged infringement.
You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.
DMCA Notice and DMCA Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.
A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
Your address, telephone number, and email address.
A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.
You can contact our copyright agent via email at Legal@Fivelayersofself.com . Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.
Intellectual Property
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the Company's written consent.
Your Feedback to Us
You assign all rights, titles, and interests in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify, and exploit such Feedback without restriction.
Links to Other Websites
Our Service may contain links to third-party websites or services not owned or controlled by the Company.
Any inclusion of a hyperlink to third-party Ads or Sites should not imply affiliation, endorsement, or adoption by Our Service.
Any complaints, concerns, claims, or questions regarding third-party Products should be directed to the appropriate third-party website.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services You visit.
Termination
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may discontinue using the Service.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount paid by You through the Service or 100 USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. Each party's liability will be limited to the greatest extent permitted by law in these states.
Seller’s liability hereunder shall not be more significant in amount than the purchase price of the shipment of the product in respect of which damages are claimed. In no event shall the seller be liable for incidental, consequential, special, indirect, or damages.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Disputes Resolution
If You have any concerns or disputes about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require the performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute. Any ambiguities in the interpretation of these Terms and Conditions shall not be held against the drafting party.
Changes to These Terms and Conditions
At Our sole discretion, we reserve the right to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice before any new terms take effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Contact Us
Please allow 24-48 hours - on business days for all customer service inquiries to be answered. We apologize in advance and will make a note of time constraints on any returns. If you have any questions regarding the Terms and Conditions, You can contact us:
By email: Customerservice@Fivelayersofself.com