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Terms of service

Overview

This website is operated by Sunborn Organics ("Sunborn Organics," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of sunbornorganics.com and your purchase of our products (the "Services"). By visiting our site and/or purchasing from us, you agree to be bound by these Terms, including the binding arbitration agreement and class-action waiver in Section 16. If you do not agree to these Terms, do not use the Services. Please read them carefully.

1. Eligibility and Accounts

By using the Services, you represent that you are at least the age of majority in your state of residence and that you have the legal capacity to enter into these Terms. You are responsible for the accuracy of the information you provide and for maintaining the confidentiality of your account credentials and all activity under your account.

2. Products and Pricing

We try to display our products and their colors, ingredients, and details as accurately as possible, but we do not warrant that product descriptions, images, or other content are accurate, complete, current, or error-free. All prices are shown in U.S. dollars and are subject to change without notice. We reserve the right to limit quantities, refuse or cancel any order, and correct any errors, inaccuracies, or omissions (including after an order has been submitted), including where a product was listed at an incorrect price.

3. Orders and Payment

When you place an order, you make an offer to purchase the product subject to these Terms. We may accept or decline your order. You authorize us and our payment processors to charge your selected payment method for the total amount of your order, including taxes and shipping. Title and risk of loss pass to you upon our delivery of the products to the carrier.

4. Shipping, Returns, and Refunds

Shipping, returns, refunds, and subscription terms (if applicable) are governed by the policies posted on our website, which are incorporated into these Terms by reference. Please review them before purchasing.

5. Subscriptions and Recurring Orders (if applicable)

If you enroll in a subscription or recurring order, you authorize us to charge your payment method on a recurring basis until you cancel. You may cancel in accordance with the instructions provided at sign-up or by contacting us. We may change subscription pricing on a prospective basis with notice as required by law.

6. Intellectual Property

All content on the Services — including text, graphics, logos, images, product names, and the "Sunborn Organics" brand — is owned by or licensed to us and is protected by intellectual-property laws. You may not copy, reproduce, republish, or exploit any content without our prior written permission.

7. Cosmetic Products; No Medical Advice; Assumption of Risk

Please read this section carefully.

  • Cosmetics, not drugs. Our products are cosmetics intended to cleanse, moisturize, beautify, and improve the appearance of the skin. Our products and any statements about them have not been evaluated by the U.S. Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease or medical condition.
  • Not medical advice. Information on the Services (including product descriptions, blog posts, FAQs, and customer reviews) is provided for general informational purposes only and is not medical advice and not a substitute for professional medical care. Always consult a qualified healthcare provider before using any product if you have a medical condition, are pregnant or nursing, or are using a product on an infant or child.
  • Patch test and discontinue if irritation occurs. Skincare products can cause reactions in some individuals. We recommend performing a patch test before first use. Discontinue use and consult a healthcare provider if irritation, redness, rash, or other adverse reaction occurs. Review the full ingredient list before use if you have known allergies or sensitivities.
  • Assumption of risk. To the fullest extent permitted by law, you acknowledge and assume the risks of using cosmetic products, including the possibility of an allergic or other adverse reaction, and you agree to use the products in accordance with their directions and any warnings.

8. User Content and Reviews

If you submit reviews, photos, comments, or other content ("User Content"), you grant us a non-exclusive, royalty-free, worldwide, perpetual, transferable, sub-licensable license to use, reproduce, modify, publish, and display that User Content in connection with the Services and our marketing. You represent that your User Content is accurate, is yours to share, and does not violate the rights of any third party. We may, but are not obligated to, monitor, edit, or remove User Content, including content that is unlawful, misleading, or otherwise objectionable. We do not condition any incentive on the content or sentiment of a review.

9. Prohibited Uses

You agree not to use the Services for any unlawful purpose; to infringe any intellectual-property or other right; to transmit malware or harmful code; to harvest or scrape data; to interfere with the security or operation of the Services; or to submit false or misleading information.

10. Third-Party Links and Services

The Services may include links to or integrations with third-party websites and services that we do not control. We are not responsible for the content, products, or practices of third parties, and your use of them is at your own risk and subject to their terms.

11. Disclaimer of Warranties

THE SERVICES AND ALL PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SUNBORN ORGANICS, ITS OWNERS, OFFICERS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR DATA, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES OR ANY PRODUCT. TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES OR A PRODUCT WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE WHERE SUCH LIMITATION IS PROHIBITED.

13. Indemnification

You agree to indemnify, defend, and hold harmless Sunborn Organics and its owners, officers, and employees from any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of your breach of these Terms, your misuse of the Services, your User Content, or your violation of any law or the rights of a third party.

14. Electronic Communications and SMS

By using the Services or providing your contact information, you consent to receive electronic communications from us. If you opt in to our text-message (SMS) program, you agree to receive recurring automated marketing and/or transactional messages at the number provided; consent is not a condition of purchase; message and data rates may apply; message frequency varies; reply STOP to cancel or HELP for help. Our SMS practices are further described in our SMS terms and Privacy Policy.

15. Governing Law

These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the State of New Hampshire and applicable U.S. federal law, without regard to conflict-of-laws principles. Subject to Section 16 (Arbitration), the exclusive venue for any dispute not subject to arbitration shall be the state or federal courts located in New Hampshire, and you consent to personal jurisdiction there.

16. Dispute Resolution; Binding Arbitration; Class-Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

  • (a) Informal resolution first. Before starting an arbitration, you agree to first contact us at support@sunbornorganics.com and give us 60 days to resolve the dispute informally.
  • (b) Agreement to arbitrate. Except as set out below, you and Sunborn Organics agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or any product (a "Dispute") will be resolved by final and binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this Section.
  • (c) Class-action and jury waiver. You and Sunborn Organics agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of a representative or class proceeding. You and Sunborn Organics waive any right to a jury trial.
  • (d) Mass-arbitration / batching. If 25 or more similar arbitration demands are submitted by or with the assistance of the same or coordinated counsel, the demands will be administered in staged batches of no more than [50] at a time, and the parties will cooperate with the administrator to resolve the batches efficiently. Any applicable statutes of limitations will be tolled for unfiled demands during this process.
  • (e) Delegation. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, except that a court has authority over the enforceability of the class-action waiver in subsection (c).
  • (f) Small-claims exception. Either party may bring an individual claim in small-claims court if it qualifies.
  • (g) 30-day opt-out. You may opt out of this Section 16 by emailing support@sunbornorganics.com within 30 days of first accepting these Terms, stating your name and your intent to opt out of arbitration. Opting out will not affect any other provision of these Terms.
  • (h) Severability and survival. If subsection (c) (the class-action waiver) is found unenforceable as to a particular claim or request for relief, that claim or request will be severed and brought in court, while the remaining claims proceed in arbitration. This Section survives termination of these Terms.

17. Changes to These Terms

We may update these Terms from time to time. The "Last updated" date reflects the most recent changes. Your continued use of the Services after changes become effective constitutes acceptance of the revised Terms; material changes to Section 16 will be subject to your right to opt out as described there.

18. Miscellaneous

These Terms (together with the policies incorporated by reference) constitute the entire agreement between you and us regarding the Services. If any provision is found unenforceable, the remaining provisions remain in effect. Our failure to enforce any provision is not a waiver. You may not assign these Terms without our consent; we may assign them. We are not liable for delays or failures caused by events beyond our reasonable control.

19. Contact

Sunborn Organics Email: support@sunbornorganics.com Mail: PO Box 730, Sunapee, NH 03782, United States