Terms & Conditions

BORCHELLISKINCARE.COM

Website Terms of Use & Service

These Terms of Use are effective from March 23, 2023.

Borchelli Skincare® and Enterprises operate this website. Throughout the site, the terms “we,” “us,” and “our” refer to Borchelli Skincare®. Borchelli Skincare® offers this website, including all information, tools, and services available to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including those additional terms and conditions and policies referenced herein and available by hyperlink. These Terms of Service apply to all site users, including, without limitation, browsers, vendors, customers, merchants, and contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website after posting any changes constitutes acceptance of these changes.

Our store is hosted on Shopify Inc. They provide us with an online e-commerce platform that allows us to sell our products and services to you.

ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms, viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason.

We understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to the technical requirements of connected networks or devices. Credit card information is always encrypted during transfers over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any Service portion, use of the Service, or access to the Service or any contact on the website through which the service is provided without express written permission from us.

The headings in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

ACCURACY, COMPLETENESS, AND TIMELINES OF INFORMATION

We are only responsible if the information on this site is accurate, complete, and current for you. The material on this site is provided for general information only. It should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, complete, or timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Just to let you know, historical data, necessarily, is not current and is provided for your reference only. We reserve the right to change the content of this site at any time, but we don't have to update any information on our site. You agree that it is your responsibility to monitor our site changes.

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. 
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.

PRODUCTS OR SERVICES (if applicable)

All products and services may be available exclusively online through the website. These products and services may have limited quantities.

We have made every effort to display the colors and images of our products that appear at the store as accurately as possible. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right but are not obligated to limit the sale of our products or Services to any person, geographic region, or jurisdiction.

We may exercise this right on a case-by-case basis. We reserve the right to limit the quantity of any products or services we offer.

All descriptions of product or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer of any product or service made on this site is void where prohibited.

We do not warrant that the quality of any product, service, information, or other material purchased or obtained by you will meet your expectations or that any errors in the Service will be corrected.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We'd like to let you know that we reserve the right to refuse any order you place with us. We may limit or cancel quantities purchased per person, household, or ranking at our sole discretion. These restrictions may include orders placed with or under the same customer account, credit card, and charges using the same billing and shipping address. If you change or cancel an order, we may attempt to notify you by contacting the e-mail and billing address/phone number provided when the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

Please know that you agree to provide current and accurate purchases and account information for all purchases made on our online store. You agree to promptly update your account and other information, including your email address, credit card number, and expiration dates. We can complete your transactions and reach out to you as needed.

For more details, please review our Returns Policy.

OPTIONAL TOOLS

We may provide you access to third-party tools we neither monitor nor have any control or input. 
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations, conditions, or any endorsement. We shall have no liability arising from or relating to your use of optional third-party tools.

You can use optional tools offered through the site at your own risk and discretion. Please ensure that you are familiar with and approve the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and features through the website (including the release of new tools and resources). Such new features and services shall also be subject to these Terms of Service.

THIRD-PARTY LINKS

Certain content, products, and services that are available via our Services may include third-party materials.

Third-party links on this site may direct you to third-party websites not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant it. We will not accept any liability or responsibility for any third-party materials or websites or any other materials, products, or services of third parties.

We are not liable for any harm or damage in purchasing or using goods, services, resources, content, or other transactions connected to third-party websites. Please review third-party policies and practices carefully and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to a third party.

CONSENT FOR MARKETING MESSAGES

By consenting to Borchelli Skincare SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.

If you would like to unsubscribe from receiving text marketing messages and notifications, please reply with STOP to any mobile messages sent or use the unsubscribe link we gave you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered reasonable. While we do not charge you for the service, you are responsible for all charges associated with text messaging imposed by your wireless provider. Messages and data rates may apply.

If you have any questions, please text HELP to the number you received the messages from. You can also contact us via email at cs@borchelliskincare.com for more information. 

We have the right to modify any telephone number or shortcode we use to operate the service at any time. So that you know, you will be notified on these occasions. If you agree that any messages you send to a telephone number or shortcode we have changed, including any STOP or HELP requests, may not be received, we will not be liable for any bids in such messages.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, or any action you may or may not take in reliance on the information or Service.

Your right to privacy is important to us. You can view our Privacy Policy at https://borchelliskincare.com/pages/privacy-policy to determine how we collect and use your personal information.

USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example, contest entries) or without a recommendation from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments may not contain libelous, otherwise unlawful, abusive, or obscene material or contain any computer virus or other malware that could affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments you or any third-party posted.

PERSONAL INFORMATION

Our Privacy Policy governs your submission of personal information through the store. View our Privacy Policy.

ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our site or on the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. You are right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We don't have to update, amend or clarify information on the Service or any related website, including pricing information, except as required by law. No specified update or refresh date applied to the Service or on any related website should be taken to indicate that all information on the related website has been modified or updated.

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We're correct to terminate your use of the Service or any related website for prohibited use.

DISCLAIMER OF WARRANTIES: LIMITATION OF LIABILITY

We do not promise, represent or warrant that your use of our services will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time; we may remove the service for indefinite periods or cancel the service at any time without notice.

You agree that your use or inability to use the service is at your own risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Borchelli Skincare®, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Borchelli Skincare® and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third party.

SEVERABILITY

Suppose any provision of these Terms of Service is deemed unlawful, void, or unenforceable. In this case, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed to be severed from these Terms of Service; such determination shall not affect the validity or enforceability of any other remaining provisions.

TERMINATION

The obligations and liabilities of the parties incurred before the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are practical unless and until terminated by you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or when you cease using our site.

If, in our sole judgment, you fail, or we suspect that you have been unable, to comply with any term or provision of these Terms of Service, we may also terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; and accordingly may deny you access to our Services (or any part thereof).

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or concerning The Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any previous versions of the Terms of Service).

Any ambiguities in interpreting these Terms of Service shall not be construed against the drafting party.

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM (INCLUDING CART REMINDERS) TERMS AND CONDITIONS

(a). Once you opt-in to the service, we will send you an SMS to confirm your signup. (b). Our messaging service will be used for marketing communications (including company updates, events, sales, shopping cart reminders, etc.) (c). You can cancel the SMS service at any time. Just text "STOP" to the shortcode. Once you send the SMS "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, sign up as you did the first time, and we will send you SMS messages again. (d). If you forget what keywords are supported at any time, just text "HELP" to the shortcode. Once you send the SMS message "HELP" to us, we will respond with instructions on how to use our service and unsubscribe. (e). We can deliver messages to the following mobile phone carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Symmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). ***Carriers are not liable for delayed or undelivered messages*** (f). As always, messages and data rates may apply to any messages sent to you and to us from you. The frequency of messages may vary. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about this shortcode's services, please email us at  cs@borchelliskincare.com.

If you have any questions regarding privacy, please read our privacy policy: https://borchelliskincare.com/pages/privacy-policy.

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed by the laws of Borchelli Skincare® 99 WALL ST., Suite 931, NEW YORK, New York 10005-4301

CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

At our sole discretion, we reserve the right to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of these changes.

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us via cs@borchelliskincare.com.