(“Terms and Conditions”)
In these Terms and Conditions, “Sculptyou” means Sculptyou International Inc. and its affiliates, and “Customer” or “you” means any person who accesses and/ or uses a Sculptyou website or social media platform along with anyone who purchases Sculptyou products (“Product(s)”) by way of any Sculptyou website or social media platforms. As used in these Terms and Conditions, the words “Sculptyou website” include any and all websites, webpages and social media platforms of Sculptyou or its Affiliates.
- These Terms and Conditions apply to all users of the Sculptyou website, and to Customers who buy Product from the Sculptyou website. These Terms and Conditions along with the delivery confirmation and your payment (processed through the website or otherwise) constitute the agreement between us for your use of the Sculptyou website and/or purchase of Products. No other terms or conditions shall apply.
- Sculptyou doesn’t monitor the laws of jurisdictions other than Ontario, Canada, so if you order Products from or Products are delivered to an address outside Ontario, you agree to be fully responsible to comply with any other applicable laws and regulations.
- Sculptyou may change these Terms and Conditions, or any Products offered on the Sculptyou website, from time to time in its sole and complete discretion.
- Sculptyou has the right to block, rescind or discontinue Customer’s access to any user account at any time in its discretion without notice or explanation to Customer.
- For Customers who open an online account with Sculptyou, you agree:
- To only use the login information, you have inputted for i) yourself or ii) a business for which you are authorized.
- To keep your password confidential at all times and acknowledge and understand that you are responsible for all user transactions that are made using your password.
- To notify Sculptyou by telephone at +1 289-838-2975 within 24 hours of learning that your password was disclosed to or obtained by another person.
Purchases and Delivery Terms
- Pricing. Prices for Products are listed on the website and may be changed from time to time. In the event that a Product is mistakenly shown at an incorrect price, Sculptyou reserves the right to refuse or cancel orders made with the incorrect price, whether or not the order has been confirmed and your credit card charged. If your credit card has been charged for the purchase and your order is cancelled, Sculptyou will issue a credit to your credit card account in the amount of the incorrect price.
- No purchase of Product will be completed until Sculptyou has received payment in full. All amounts are payable in the currency specified, and if no currency is specified, then in Canadian dollars.
- We may, in our sole discretion, refuse orders or limit or cancel quantities purchased per person, per address or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event, we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, re-sellers or distributors.
- Certain Products may have limited quantities and all are subject to return or exchange according to the Sculptyou return policy, contained in these Terms and Conditions.
- Payment. A valid credit card is required for payment. All credit card charges are securely and confidentially processed. Credit card information such as card number, security (CSC also known as a CCID) code, expiration date, card holder’s billing address and other information provided is not saved or maintained by Sculptyou.
- Taxes. Any applicable sales, use, excise, value added, service and other similar taxes shall be in addition. Each receipt shall specifically itemize the amount of any taxes that are payable by Customer.
- Delivery of Products.
- Delivery is approximately 48 hours from the time the order leaves the warehouse. Please allow for 3 business days. Deliveries are on weekdays only, between 9: 00h to 17: 00h. Unfortunately, you are not able choose a specific delivery time. There are no deliveries on holidays or weekends. If you are not at the address at the time of the delivery, a written note will be left and you can make an appointment with the carrier for a new delivery time.
- Delivery times for Products are an estimate and are not guaranteed. Additional time may be required due to weather, holidays, outages due to equipment maintenance, or internet and other outages, among other things. If your order does not arrive on schedule or if any problems occur, please contact Sculptyou immediately.
- Sculptyou has a free, 30 day no-hassle return policy for return for Products that are unopened and in the same or similar condition as received, within the first thirty (30) days after receipt. There are no returns on opened Products.
- In the event you wish to return a Product, please send an email to firstname.lastname@example.org. In the subject line write “Return” so your request can be routed to the correct department. In the body of the email the following information is required:
- Invoice Number
- Product Description/Product Code and Quantity
- Date of Purchase
- Reason for Return
- Contact information: email address and phone number.
- We will contact you to provide the return information.
- Promotions. Any contests or promotions (“Promotions”) offered through the Sculptyou website may be governed by specific rules that are separate from these Terms and Conditions. By participating in any such Promotion, you agree to be subject to those rules. To the extent that the terms and conditions of such rules conflict with these Terms and Conditions, the terms and conditions of such Promotions shall govern.
- Sculptyou shall comply with privacy legislation in force and effect in Ontario, Canada.
- The Sculptyou website collects information about the number of visitors to it, each web page and the originating domain name of the visitor’s Internet service provider. This information is used to understand use of the website and may be shared with affiliates of Sculptyou and other third parties. If a visitor fills out an online form and submits it to Sculptyou, Sculptyou will store it on a secure server that is password protected and shielded by a firewall. Notwithstanding the above, Sculptyou is not responsible for the privacy of any information a Customer or visitor reveals or posts, or for the privacy practices of third party websites that the visitor may link through the Sculptyou website.
- The website utilizes “cookies” to enable it to retain user preferences, anonymously track web traffic, and identify repeat visitors. Unless otherwise noted, all information collected and information that the visitor provides or discloses by way of the website or social media, or that Sculptyou obtains from the Customer in connection with the Products, is or may be used for the following purposes: payment and delivery of the Products, the business aspects of the Products, such as for example, quality control, auditing functions, cost-management analysis and customer service, and to comply with applicable laws.
- If a Customer believes that the personal information in the Sculptyou records is incorrect or incomplete, the Customer has the right to ask Sculptyou to correct or add missing information. Under certain circumstances, Sculptyou may deny the request, such as when the information is accurate and complete. Otherwise Sculptyou will promptly correct or complete the inaccurate record(s).
- All information and material on the SculptYou website are for educational and informational purposes only. Sculptyou is not responsible for any health or other interpretations or conclusions which Customers may derive from the Product label, or any information or materials found on the SculptYou website, or for decisions and/or action(s) or inactions made or taken in reliance on a Product label, or SculptYou materials or information.
- Other than as specifically provided in Section 6 hereof, Sculptyou specifically disclaims any and all expressed or implied warranties related to the Products that may be ordered and delivered via the Sculptyou website, and any and all information and material found or published on the Sculptyou website including but not limited to any warranty of merchantability or fitness of any of the Products for any particular use, application or purpose.
- Customer understands and acknowledges that privacy, confidentiality and security is not possible over the Internet, and that the Internet is not a secure method for the communication of information. As such, Customer understands and agrees that privacy and confidentiality cannot be guaranteed. Sculptyou shall not be responsible or liable for any harm or loss that Customer, or any other person, may suffer in any connection with the access to, or use of, the Sculptyou website, or from any cyber-attack or breach of security.
- Sculptyou updates the website and social media platforms from time to time for accuracy and completeness however makes no representation or warranty that the information included on any of its websites or social media platforms is accurate or up to date. Customer understands and agrees that Sculptyou does not guarantee or ensure the accuracy or completeness of content, site functionality, or any transmission of information or instructions by either Customer or Sculptyou using the website or social media platforms. Customer agrees that none of Sculptyou, its affiliates and/or any person associated with the creation or use of the SculptYou website, shall be liable or responsible to Customer for any harm, loss or damage whatsoever that may arise in any connection with Customer’s use of the SculptYou website, even if Sculptyou has been informed of the possibility of same.
- Sculptyou warrants that the Products will not knowingly infringe third party proprietary rights. The warranty contained in this paragraph is limited and the only warranty made by Sculptyou for use of the Sculptyou website, ordering and purchase of any Products, and the Products themselves.
- Customer warrants to Sculptyou that the purchase by Customer of the Products does not violate any law to which the Customer is subject, or any law applicable to the Customer in the jurisdiction the Products are to be delivered.
Customer agrees to indemnify Sculptyou, its directors, officers, employees, contractors and agents from and against all causes of action, claims proceedings, losses, expenses, damages and costs, including reasonable legal fees (“Claim(s)”), resulting from any breach by Customer of these Terms and Conditions.
Limitation of Liability
- Use of the Sculptyou website and the purchase of Products are at Customer’s or visitor’s own risk. Other than as specifically provided herein Sculptyou makes no representations, and does not give any undertakings, express or implied, about the Products or information or material on the Sculptyou website. Neither Sculptyou nor any party involved in creating, producing, or delivering the Sculptyou website is or shall be liable for any direct, incidental, consequential, indirect, or punitive damages arising out of Customer’s or visitor’s i) purchase of or use of any Product, or ii) access to, or use of a Sculptyou website, whether or not foreseen.
- In no event shall Sculptyou be liable for any loss of profit or revenue, or any consequential, incidental, exemplary, punitive, special or indirect, aggravated or punitive damages of any kind or any claim resulting from the delivery or use of the Products or the information and materials on a Sculptyou website, even if it has been advised of the possibility of such damages.
- The aggregate liability of Sculptyou to a Customer shall be limited to the amount paid by Customer to Sculptyou, if any, in respect of the particular Products to which the Claim (as defined in Section 7) relates. This limitation applies to all Claims including without limitation, breach of contract, breach of warranty, negligence, strict liability, misrepresentation.
- Any Claim shall be brought within one (1) year of the date the cause of action arises regardless of when a person becomes aware of such.
Intellectual Property and Communications.
- Products. The Product formulation and information and materials and intellectual property used in connection with the Products shall remain the property of Sculptyou.
- Trademarks. All trademarks, service marks and trade names of Sculptyou and its affiliates and other information and materials are trademarks or registered trademarks of Sculptyou International Inc., its affiliates or third party providers and may not be used by Customer without the prior written consent and agreement of Sculptyou or its third party providers. This consent is in the complete and unfettered discretion of Sculptyou.
- Posts, Communications and Third Party Links.
- You may not use a false e-mail address in either your purchases or communications, pretend to be someone other than you, or otherwise mislead Sculptyou, its affiliates or other third parties as to the origin of any comments or communications. You are solely responsible for any communications or comments you make or post and their accuracy. Sculptyou.ca takes no responsibility and assumes no liability for any communications or posted by you or any third party.
- The entire content of materials and information in connection with the Products and Sculptyou website, including but not limited to trademarks, and all written, graphic, electronic, digital or oral, and all text, graphics and code is copyrighted, and the property of Sculptyou. ALL RIGHTS ARE RESERVED.
- Customer or a visitor may electronically copy, download or print portions of the materials information solely for Customer’s or visitor’s own non-commercial use, and to place an order for Products. Any and all other use, including but not limited to the alteration, reproduction, publication distribution, display, transmission, broadcast or exhibition, in any medium or format, including web sites/blogs and other social media of the content of the Sculptyou website, or any other information or materials of Sculptyou provided in connection with an Sculptyou website or Products is strictly prohibited, without the prior written consent of Sculptyou. To the extent Customer or a visitor copies or prints any materials including from the Sculptyou website or social media platforms, Customer and/or visitor agree to leave all proprietary notices intact, and shall not change or delete any notices from such information or materials.
- Any communication or material that Customer or visitor contributes including but not limited to data, questions, comments and suggestions is and shall be non-confidential and non-proprietary. Customer and visitor hereby grant Sculptyou complete use of such communications and materials for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting. Sculptyou shall be free to use any suggestions, ideas, concepts, know-how or techniques contained in any communication or material posted or provided for any purpose whatsoever, including, but not limited to, developing and marketing of its Products and any new products or services without compensation to you in any form whatsoever.
- Customer and visitor agree to refrain from posting or transmitting any material or comments that might infringe a third party’s copyright, trade-mark, privacy or other personal or proprietary right or be unlawful, threatening, libelous, defamatory, obscene, inflammatory, pornographic, or profane material of any kind or nature, or any material that could constitute or encourage conduct that could be considered a criminal offense, give rise to civil liability, or otherwise violate any law, or contain any computer virus or other malware that could in any way affect the operation of the website. Sculptyou will fully cooperate with law enforcement authorities and court orders requesting or directing Sculptyou to disclose the identity of anyone posting any such information or materials, to the extent permitted by applicable law.
- Sculptyou reserves the right to alter or delete material from the Sculptyou website and social media platforms, or its information and materials at any time, without notice.
- Uploading of a Customer’s or visitor’s own commercial content or using any Sculptyou social media to solicit others is strictly prohibited.
- The Sculptyou website may contain links to other websites that are not under the control of Sculptyou or its affiliates. Neither Sculptyou nor any of its affiliates has any responsibility for the linked websites and linking to such third party sites shall not constitute an endorsement of any website. Links are provided solely for the convenience and information of the visitor.
Duration of Agreement
- Term and Termination. These Terms and Conditions come into effect upon Customer or a visitor using the Sculptyou website for any purpose whatsoever, and shall continue during any subsequent use whether or not the Customer or visitor has actual knowledge of any changes to these Terms and Conditions.
- Survival. The obligations under paragraphs 3 (Privacy), 4 (Disclaimer), 5 (Warranties), 6 (Indemnity), 7 (Limitation of Liability), 8 (Intellectual Property and Communications), 9b (Survival), 10 (Dispute Resolution and Governing Law), 11 (Miscellaneous) and any other provision that by its nature extends beyond the duration of these Terms and Conditions, shall survive termination or expiration of this Agreement and continue in full force and effect.
Dispute Resolution and Governing Law
If any dispute arises in connection with these Terms and Conditions which the parties are unable to resolve amicably, such dispute shall be submitted to mediation, excepting only any cause of action giving rise to a Claim for equitable relief and/or Claims related to or involving intellectual property. This Agreement shall be governed by and construed exclusively in accordance with the laws of the Province of Ontario, Canada without regard to conflicts of law provisions. Customer and visitor hereby agree to submit to the jurisdiction of the courts in Toronto, Ontario Canada for the resolution of any dispute without regard to conflict of law principles.
- No Waiver. No waiver of any rights under this Agreement by Sculptyou will be effective unless in writing and signed by an authorized representative of Sculptyou. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms and conditions. In addition, a failure of Sculptyou to insist on or enforce strict performance of any these Terms and Conditions shall not be construed as a waiver thereof.
- Severability. If any of the provisions contained in this Agreement are held to be invalid, illegal or unenforceable by competent judicial authority, such provision shall be severed and the remainder of this Agreement shall remain in full force and effect.
- Assignment. Sculptyou may assign any of its rights and obligations under this Agreement to a third party at any time in its sole and absolute discretion and without prior notice to Customer or visitor.
- Notices. Any notice given pursuant to this Agreement shall be in writing and may be effectively given if sent by courier or email PDF as follows: if to Sculptyou, to the addresses specified on the Sculptyou website, and if to Customer or visitor, to the electronic address provided in the course of any communications with Sculptyou. Any notice received by the recipient before 4:00 p.m. on a business day in the jurisdiction of the recipient shall be deemed to have been given on that business day with confirmation of receipt. Otherwise the notice shall deemed to have been given on the next business day.
- Binding Agreement. This Agreement shall be binding upon and inure to the benefit of the parties and their respective permitted heirs and executors, successors and assigns.
- Entire Agreement. Unless other written terms and conditions are stated to apply to or be included in connection with Products or use of the Sculptyou website, these General Terms and Conditions, as they may be amended and published on the Sculptyou website from time to time comprise the entire agreement between Sculptyou and Customer or the visitor with respect to the Products and use of the Sculptyou website.
By clicking the button to place an order for any Products with Sculptyou, you confirm that:
- Yes, I have read, understand and agree to these Terms and Conditions.
- Yes, I agree that Sculptyou may communicate with me by way of email in connection with any Products ordered or purchased.
Please note that without clicking the both boxes to signify your agreement to these Terms and Conditions, Sculptyou will be unable to process your order.
- Yes, I would like to receive Sculptyou email promotions and other information. You understand that you may unsubscribe at any time, by way of the unsubscribe button contained in communication.