Terms of Service Agreement
LAST UPDATE OF THIS TERMS OF SERVICE AGREEMENT – 2018 – Dec - 17
Welcome to our online store! HERBS AND BUTTER SKINCARE provides its products to you subject to the following conditions. If you visit or shop within this website, you accept these conditions. Please read them carefully. Accessing this website is the equivalent of your signature and indicates your acceptance of these terms and conditions and that you intend to be legally bound by them. If you do not agree with these terms and conditions, please do not use our website.
This HERBS AND BUTTER SKINCARE Terms of Service Agreement (this "Agreement") governs your access to and use of the websites, services and applications (collectively, the "Site") which are operated or provided by HERBS AND BUTTER SKINCARE. In consideration for your right to access and use the Site, you agree to the terms and conditions set out below.
As used in this Agreement, “you” means (and “your” refers to) the user of the Site, “we” means (and “us”, “our”, and “ours” refer to) HERBS AND BUTTER SKINCARE, and its owners and operators, and “Services” means any and all services and products that are made available on or through the Site. The effective date of this Agreement is when you accept it, in accordance with the terms and conditions that are set out below.
When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
CHANGES TO THIS AGREEMENT
We may revise this Agreement, at any time, by updating this posting. We may provide notice to you of material revisions by means of a general notice on the Site. Your continued use of the Site after such revisions are posted, will signify your agreement to these revised terms. Therefore, you should visit this page periodically to review this Agreement.
OWNERSHIP OF CONTENT
Our Content: Except for Your Content (which is discussed below), all materials displayed or otherwise accessible on the Site, including, without limitation, text, photographs, images, illustrations, graphics, icons, code (collectively, "Our Content") and the selection and arrangement of Our Content on the Site are protected by copyright, pursuant to Canadian copyright laws, international conventions and other copyright laws. We either own the intellectual property rights, including copyright, or have acquired the necessary rights or licences, in and to Our Content. Portions of Our Content may have been licensed to us or published on the Site by third parties. Any reproduction, modification, publication, transmission, transfer, sale, distribution, display or exploitation of the Site or Our Content, whether in whole or in part, without our express written permission, is strictly prohibited. The display of Our Content does not imply that you have been granted a license by us or other entities with respect to it.
Your Content: You retain ownership in and to materials you submit to us, including, without limitation, reviews, comments and other content (collectively, "Your Content"), but you agree to grant us a sub-licensable, irrevocable licence to use Your Content, as we see fit, in our sole discretion, for the purpose of providing the Services and in connection with any sale of HERBS AND BUTTER SKINCARE in whole or in part, including the assets thereof. We reserve the right to disclose Your Content, at any time, as is required to comply with applicable laws, and the right to remove any of Your Content that is in violation of the terms and conditions of this Agreement. You also agree that any rights you assert in and to Your Content will be subject to standards of commercial reasonableness. You represent and agree that you will not post to the Site or the Services, any trade secrets, confidential information, intellectual property and other proprietary information of any other person, without authorization from such other people, or any obscene or defamatory content. Your Content (and our use thereof in accordance with this Agreement) shall not knowingly infringe the intellectual property rights, including copyright, patents, trade-marks or trade secrets, of any third party. You hereby indemnify and hold harmless, us and our owners, subsidiaries, affiliates, representatives, agents, licensors or their respective heirs, administrators, executors, successors and assigns (as the case may be) (collectively, "Others"), from any and all liability or loss, including reasonable counsel fees, which we suffer in connection with any claim or action by reason of a breach of the foregoing representations and warranties.
Reporting infringement: If you believe in good faith that any material that is made available on the Site infringes your copyright, please contact us at firstname.lastname@example.org.
Trademarks: Certain words, phrases, names, designs or logos on the Site may constitute trademarks, services marks, or trade names that are owned by us or others. The display of such marks on the Site does not imply that you have been granted a licence by us or others with respect to them.
Subject to your compliance with the terms and conditions of this Agreement, we hereby grant to you a limited personal, non-exclusive, non-transferable, revocable license to access, view and use our Site, including a limited license to download, print and store single copies of Our Content from the Site, for your personal use, provided that you maintain all copyright and other notices contained in such items and you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover, any source code, in the Site. Our Content must not be reproduced, republished, or disseminated in any manner or form without our prior written consent or the prior written consent of the third parties from which such information was collected, as the case may be.
YOUR MEMBERSHIP ACCOUNT
You may be required, when you use certain features of the Site (including, without limitation, the Services), to create a user name and password. If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use the Site only with involvement of a parent or guardian. We and our associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content and submit suggestions, ideas, comments, questions, or other information, so long as the content does not violate the terms of this Agreement. We reserve the right (but not the obligation) to remove or edit such content, but we do not regularly review posted content.
While you use the Site and the Services, you must comply with all applicable laws, rules and regulations. In addition, use of the Site and the Services is based on the following rules of conduct. You will not:
post, transmit, or otherwise make available any material that is or may be (a) threatening, harassing, degrading, hateful, or intimidating; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, pornographic, or otherwise objectionable; or (e) an infringement of another person's privacy by disclosing the personal information of another individual without their knowledge and consent;
post, transmit, or otherwise make available, any material that may violate the proprietary rights of any third party, including, without limitation, copyrighted software, photographs, texts, videos or artwork or any moral rights associated therewith;
use the Site in a manner which will violate or solicit the violation of any applicable local, provincial, territorial, state, national or international law, rule or regulation, including, without limitation, applicable privacy laws and the statute known as An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act (Canada) ("CASL");
use the Site to post transmit, or otherwise make available any material which would: (a) give rise to criminal or civil liability; (b) encourage conduct that constitutes a criminal offence; or (c) encourage or provide instructional information about illegal activities;
impersonate any person or entity, including, but not limited to, any of our representatives; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement you make without our prior written consent;
post, transmit, or otherwise make available any virus, worm, trojan horse, spyware, or any other computer code, file, or program that may, or is intended to, damage or hijack the operation of any hardware, software, server or telecommunications equipment;
conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to the Site, without our prior written consent;
interfere with or disrupt the Site;
post, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," investment opportunity, or any other form of solicitation;
use the Site for any commercial purposes other than those which are expressly set out in this Agreement; or
use the Site if you are a minor, except in accordance with applicable laws, and with the approval of your parent or guardian.
Any person who is found, or reasonably suspected, to have violated the rules of conduct provided above may be barred from using the Site, in our sole discretion, and may be subject to other legal remedies.
PRACTICES REGARDING USE AND STORAGE
Storage or Deletion of Content: You agree that we have no responsibility or liability for the deletion of, or the failure to store or to transmit, any information maintained by us, including, without limitation, Your Content and Our Content.
Limits on Storage: We retain the right to create limits on use and storage, at our sole discretion, at any time, with or without notice.
Our Access to Stored Content: We also reserve the right to access, read, preserve, and disclose any information in a manner we reasonably believe is necessary, including, without limitation, Your Content, to: (a) satisfy any applicable law, regulation, legal process or governmental request; (b) enforce this Agreement, including investigation of potential violations hereof; (c) detect, prevent, or otherwise address fraud, security or technical issues; (d) respond to user support requests; or (e) protect our rights, property or safety, our users or the public. We will not be responsible or liable for the exercise or non-exercise of our rights under this Agreement.
Monitoring: We have the right to access the Services, Our Content and Your Content at any time, to maintain their effective operation, to provide upgrades to the software or other system components and to review the your use of the Services, Our Content and Your Content. We reserve the right, but do not assume the responsibility or obligation, to monitor, view and audit transactions and communications, in our sole and absolute discretion, in order to manage the Site and the Services and for such other purposes as we shall deem necessary or advisable. If we determine, in our sole and absolute discretion, that you have breached or will breach a term or condition of this Agreement, we may, in our sole and absolute discretion, immediately terminate this Agreement and your access to the Site and the Services, all without notice to you.
Industry Analysis: We reserve the non-expiring right to use and disclose (for commercial purposes or otherwise) the textual and numerical statistical portion of all data in the Site and the Services at any time to conduct analysis for industry trends, provided that such data shall not be singularly isolated or otherwise able to identify an individual.
We reserve the right, as reasonably necessary or convenient, either for our own purposes or to improve the quality of any of the components comprising the Site or the Services, to change rules of operation for the technologies therein comprised, system interfaces, utilities, operating and other systems and software, and to implement enhancements, amendments or updates thereto. To minimize the effect of service outages, we will undertake reasonable efforts to schedule times during which the Site or the Services will be unavailable to you, due to maintenance.
LINKING AND OTHER SITES
No Endorsement or Responsibility: The Site may include links to other websites, solely as a convenience to users. We do not endorse any such linked sites or the information, material, products or services contained on other linked sites or accessible through other linked sites. Furthermore, we make no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through linked sites.
Third Party Content: We may make third party content and material ("Third Party Content") available to you through the Site and the Services. Our making available of such Third Party Content does not constitute an endorsement or recommendation, and we are not responsible for any reliance you may place on Third Party Content. We make no warranties or representations as to any Third Party Content and we shall have no liability for it. Any opinions or statements made by third parties are those of such third parties, and do not necessarily state or reflect our views.
Use at Your Own Risk: Your access to and use of linked sites, including information, materials, products and services on linked sites or available through linked sites, is solely at your own risk and governed by the terms of service of the linked site. If there is any conflict between this Agreement and any of the terms or notices set forth on any other website, then the terms of that other website will control your use of information and content you access through that link. Please review the terms of service for each link so that you understand all of the terms that will apply.
Linking to the Site: Please advise us to request permission to link to the Site. We reserve the right to cancel and revoke any permission we may give to link to the Site at any time, for any reason, without any notice, and without any liability to you or any other person.
Use at Your Own Risk: Access to the Site and the Services and the materials provided on the Site and the Services are provided "as is" and without warranties of any kind either express or implied. BY USING THE SITE AND THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE AND THE SERVICES IS ENTIRELY AT YOUR OWN RISK.
No Warranty as to Accuracy: While we make every attempt to be as accurate as possible, we make no representation or warranties regarding the Site or materials on the Site, including, without limitation, that the Site or materials on the Site (including but not limited to Our Content or Third Party Content) will be accurate, complete, correct, timely or suitable, that any products and Services contained on or made available through the Site are of merchantable quality or fit for a particular purpose, that the Site and the Services will be available at all times or that the Site and the Services will be free from errors, viruses or other harmful components. We are not responsible for any materials, submissions or other information on the Site or the Services or any linked site that you may find offensive, undesirable or objectionable. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AND TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, WE AND OUR OTHERS SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Third Party Content and Services: We specifically disclaim any responsibility or liability for the accuracy, completeness, correctness, timeliness or usefulness of Third Party Content. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, warranties and conditions regarding the use of Third Party Content, including all implied warranties or conditions of merchantability, fitness for a particular purpose or non-infringement, whether express or implied, or arising from a course of dealing, usage or trade practice.
Insecurity of Internet: You should note that the Internet is an inherently insecure medium, and sending any online communication provides no guarantee of successful delivery. Care should be taken to ensure that the content of your online communication is not sensitive or confidential, since we can take no responsibility for communication which is intercepted, lost, delayed, or misdelivered. Since your computer equipment and the general reliability and performance of the Internet is outside our control, we do not warrant your performance will achieve expected or implied levels. Be aware that information you share on and through the Site and the Services will be available to others. We are not responsible for what others do with such shared materials and other information, once you post them on or through the Site and the Services. We are also not responsible for any unauthorized access to, or use of, the Site and the Services, and/or any and all personal information or financial information stored on or through the Site and the Services; any loss of your data or content through the Site and the Services; or the violation of your rights by any third party.
LIMITATION OF LIABILITY, RELEASE AND INDEMNITY
THIS SECTION LIMITS OUR LIABILITY TO YOU AND PROVIDES FOR A RELEASE AND AN INDEMNITY, FROM YOU, IN FAVOUR OF US. PLEASE READ IT CAREFULLY.
LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES SHALL YOU BE ENTITLED TO RECOVER ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES FROM US OR OUR OTHERS WHICH YOU MAY SUFFER ARISING, CAUSED, ARISING OUT OF, OR IN CONNECTION WITH, THE USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICES, ANY ACCURACY, INCOMPLETENESS, OR INCORRECTNESS CONTAINED ON THE MATERIALS DISPLAYED, ACCESSED, USED OR PURCHASED THROUGH THE SITE, OR YOUR RELIANCE OR ACTING UPON THE MATERIALS ON OR PURCHASED THROUGH THE SITE, INCLUDING, ANY LOSS OR DAMAGES IN THE NATURE OF OR RELATING TO LOST BUSINESS, LOST SAVINGS, LOST DATA, UNAUTHORIZED ACCESS TO OR USE OF THE SITE AND THE SERVICES AND DATA CONTAINED ON OR THROUGH THE SITE OR THE SERVICES AND/OR PROFITS, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT, TORT, IN EQUITY, AT LAW OR OTHERWISE AND WHETHER OR NOT WE HAVE OR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL THE LIABILITY OF US AND OUR OTHERS TO YOU FOR DAMAGES SUFFERED BY YOU ARISING OUT OF, RELATED TO OR CAUSED BY THE SITE, THE SERVICES OR THE USE THEREOF, EXCEED A MAXIMUM AMOUNT EQUAL TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICES IN THE SIX-MONTHS' PERIOD WHICH PRECEDES THE OCCURRENCE OF SUCH DAMAGES. YOU ACKNOWLEDGE THAT THIS SECTION REFLECTS THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT WE WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON LIABILITY.
RELEASE: YOU AGREE TO RELEASE, REMISE, ACQUIT AND US, AND OUR OTHERS, FROM ANY CLAIMS, ACTIONS, DEMANDS, COSTS AND EXPENSES OF ANY KIND WHATSOEVER, WHETHER IN CONTRACT, NEGLIGENCE OR TORT, AT LAW OR IN EQUITY, OR BY STATUTE OR OTHERWISE, HOWSOEVER CAUSED, WITH RESPECT TO YOUR USE OF, OR OUR OPERATION OF, THE SITE AND THE SERVICES, EXCEPT AS MAY BE SET OUT IN THE PRECEDING PARAGRAPH.
INDEMNITY: You agree to indemnify, save and hold harmless us and our Others, from and against any claims, actions, demands, judgments, awards, declarations, orders, settlements, damages (including general, special, punitive, aggravated or exemplary damages), liabilities, losses, costs, charges, interest and expenses, or proceedings of any kind whatsoever which may be initiated or presented by any other persons, individuals or other legal entities, and which arise directly or indirectly from your use of or reliance on the Site or the Services or information available on or through the Site or the Services. Without limiting the generality of the foregoing, you hereby agree to pay all costs, fees and expenses, on a solicitor and own client basis, which may be incurred by us and our Others, relating to your use of or reliance on the Site or the Services and information available on or through the Site or the Services.
SINCE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES OR LIABILITY, SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
SHIPPING AND RISK OF LOSS
All items purchased from us are delivered to you pursuant to a shipment contract. Following our delivery of the product to the shipment carrier, we will not be responsible for products that are lost, damaged or stolen during shipping. Any unshipped product, resulting from your refusal or inability to take delivery, remaining in our possession 30 days after the date of this Agreement, shall become our property.
RETURNS AND REFUNDS
Subject to any specific shipping policies that may be posted on the Site, from time to time (which policies shall prevail and govern over this Agreement, in the event of conflict), if a product itself is not as described, your sole remedy is to return it to us in unused condition, for a refund. Otherwise, all sales are final.
CONFLICT OF LAWS
Applicable Laws: By visiting the Site and using the Services, you agree that the laws of the province of Manitoba, Canada, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and us or our Others.
Exclusion of Laws: We expressly exclude the UN Convention on Contracts for the International Sale of Goods, and The International Sale of Goods Act (Manitoba), C.C.S.M. c. S11, as amended, replaced or re-enacted from time to time.
Waiver of Rights: You agree to waive any right you may have to: (a) a trial by jury; and (b) commence or participate in any class action against us related to your use of the Site, the exchange of electronic documents between us or this Agreement and, where, applicable, you also agree to opt out of any class proceedings against us or our licensors.
Agreement in English: The parties hereto have required that this Agreement and all documents relating thereto be drawn up in English. Nous avons demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.
Any dispute relating in any way to your visit to the Site or your use of the Services (including products you purchase through the Site) shall be submitted to confidential arbitration in Manitoba, Canada, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any province or federal court in the province of Manitoba, Canada, and you consent to exclusive jurisdiction and venue in such courts. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies that are posted on the Site. These policies also govern your visit to the Site and your use of the Services. We reserve the right to make changes to the Site, our policies, and this Agreement at any time and your continued use of the Site following such changes constitutes your acceptance of those changes. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
We will not be liable for failure or delay in our performance of our obligations under this Agreement due to any cause beyond our reasonable control, including, but not limited to: (a) acts of God; or (b) failure or disruptions in third-party-controlled or operated communications facilities; or (c) worms, viruses and other disabling or disruptive software, communications or files.
Suspension of your Use of the Site: If you breach any provision of this Agreement, you may no longer use the Site. We may at any time and for any reason, with or without cause, and in our sole discretion, immediately suspend or terminate (in whole or in part) your permission to use the Site or the Services, all without any notice or liability to you or any other person.
No Refunds or Rights on Termination: We shall not be responsible for refunding or otherwise paying any funds, amounts or credits that we may owe to you if we have suspended or terminated your permission to use the Site or any part thereof. We reserve the right to cease, suspend or interrupt operation of or access to the Site or any part thereof, and shall not be required to provide any notice in respect of such cessation, suspension or interruption of access, nor shall we have any liability for such cessation, suspension or interruption of access.
Any provision of this Agreement that must survive to fulfill its essential purpose (whether expressly stated as such or not) and any obligation you have to pay fees incurred before termination will survive the termination of this Agreement. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. We may assign this Agreement without restriction. The posting of email addresses on the Site and the Services does not, unless otherwise expressly indicated or as part of the operation of the Services, constitute consent (express or implied) for you to send unsolicited commercial electronic messages, to such email addresses. This Agreement constitutes the entire agreement between us and you, pertaining to the subject matter hereof, and supersedes all prior formal and informal agreements, proposals, promises, inducements, representations, conditions, warranties, understandings, negotiations and discussions, whether oral or written, between us and you.
IT IS IMPORTANT THAT YOU CAREFULLY READ THE FOLLOWING.
ACCEPTANCE OF TERMS
WHAT TYPE OF INFORMATION DO WE COLLECT?
We receive, collect and store any information you enter on our Website or provide us in any other way. Personal Information that you submit to us may include your name; email address; username; password; communications with us; payment details (including credit card information); comments; feedback; product reviews; purchase history; recommendations; and any personal profile you create through the Website or the Services. In addition, we may collect from you information such as: the Internet protocol (IP) address used to connect your computer to the Internet; your connection information; the type of operating system your computer uses; and the type of browser you are using. We may use software tools to measure and collect session information, including page response times, length of visits to certain pages, page interaction information, and methods used to browse away from the page.
HOW DO WE COLLECT PERSONAL INFORMATION?
While we usually collect your Personal Information directly from you, in some cases you may be asked to provide information to a third party, such as when you submit billing information to service providers we use to process payments on our behalf.
WHY DO WE COLLECT SUCH PERSONAL INFORMATION?
We collect Personal Information for the following purposes:
To provide and operate the Services;
To personalize and improve your use of the Services;
To provide you with ongoing customer assistance and technical support;
To be able to contact you with general or personalized service-related notices and promotional messages;
To confirm your identity;
To create aggregated statistical data and other aggregated and/or inferred non-personal Information, which we or our business partners may use to provide and improve the Services;
In connection with an actual or possible corporate reorganization, merger or amalgamation with another entity, or an actual or possible sale of all or a substantial portion of the assets which are used to provide the Services; and
To carry out any other purpose that you have authorized or that is required or permitted by law.
Cookies are small pieces of data stored on a website visitor's browser, usually used to keep track of their movements and actions on the website.
There are two types of cookies:
Session (Transient) cookies: These cookies are erased when you close your browser, and do not collect information from your computer. They typically store information in the form of a session identification that does not personally identify the user.
Persistent (Permanent or Stored) cookies: These cookies are stored on your hard drive until they expire (i.e. they are based on a set expiration date) or until you delete them. These cookies are used to collect identifying information about the user, such as Web surfing behavior or user preferences for a specific site.
We collect anonymous information about how you use our Website and Services by setting and accessing cookies on your computer. These cookies track information such as how often you visit our Website, what pages you view, and where you go after you leave the Website.
What type of cookies do we use?
HOW DO WE DISCLOSE OR SHARE YOUR PERSONAL INFORMATION?
We do not disclose Personal Information to third parties for purposes other than those for which it was collected, except with your consent or as required or permitted by law.
There are a variety of circumstances where we may be required or permitted to transfer or disclose Personal Information to third parties. For example, we may transfer Personal Information to a third party engaged by us to perform functions on our behalf (such as a payment processor) or disclose Personal Information to a public authority or agent of a public authority if, in our reasonable judgment, it appears that there is imminent danger to life or property which could be avoided or minimized by disclosure of the information.
If we intend to voluntarily disclose your Personal Information to a third party for a purpose other than an Identified Purpose, we will obtain your consent before we make such a disclosure.
In some instances, we may generate non-identifying and aggregate profiles from your Personal Information. We may disclose this non-identifying personal information to third parties to enable them to provide targeted content or advertisements to you, or for their own business analysis and research purposes.
HOW DO WE STORE AND PROTECT YOUR PERSONAL INFORMATION?
We will only use Personal Information for the purposes that we identify to you. We may engage service providers to assist us with fulfilling these purposes, and, in some instances, these service providers may be located outside Canada.
We only select service providers that protect Personal Information in a manner that is comparable to the protection we provide under our own privacy policies. However, Personal Information may be subject to, and accessed under, the laws of the countries in which our service providers operate.
If you have any questions about our transfer of Personal Information to our service providers outside Canada, or if you would like to learn more about our privacy policies in that regard, please contact us at the contact information provided below.
Two examples of how we use third parties to offer the Services to you are as follows:
Our company is hosted on the Wix.com platform. Wix.com provides us with the online platform that allows us to sell our products and Services to you. Your data may be stored through Wix.com’s data storage, databases and the general Wix.com applications. They store your data on secure servers behind a firewall.
We protect Personal Information against such risks as loss, theft, unauthorized access, disclosure, copying, use, modification or destruction, through generally accepted security measures.
HOW DO WE COMMUNICATE WITH YOU?
We may contact you to notify you regarding your account, to troubleshoot problems with your account, to resolve a dispute, to collect fees or monies owed, to poll your opinions through surveys or questionnaires, to send updates about our company or your order, or as otherwise necessary to contact you to enforce our Terms of Service Agreement, applicable national laws, or any other policy or agreement we may have with you. For these purposes we may contact you via email, telephone, text messages, and postal mail.
HOW LONG WILL WE RETAIN YOUR PERSONAL INFORMATION?
We will keep your Personal Information for as long as is necessary for us to fulfill the Identified Purposes. Generally speaking, that means we will destroy or anonymize your Personal Information when your account with us is no longer active (in most cases, our retention period is one year). Despite this, in limited circumstances we may be required by law to keep your Personal Information for a longer period of time.
Any Personal Information which is collected for the purposes of processing payments to us is: a) immediately securely transmitted to our third party payment processors; and b) not stored or retained on or by the Website.
THIRD PARTY WEBSITES AND LINKS
HOW CAN YOU WITHDRAW YOUR CONSENT OR ACCESS, VERIFY AND CORRECT YOUR PERSONAL INFORMATION?
You may withdraw your consent for us to manage your Personal Information in a particular way, subject to legal or contractual restrictions and reasonable notice. However, this may limit our ability to provide you with certain Services. You may contact us for more information regarding the implications of withdrawing consent.
You can typically access and review your Personal Information that is in our custody or control, and make appropriate changes to it, by logging into your account. If necessary, you may also contact us. You may be required to put your request in writing and to show us identification. The reason we ask for identification is to ensure that, among other things, we do not unintentionally change or release your Personal Information to a third party who is representing himself/herself as you.
or send us mail to:
Herbs and Butters SkinCare
60 Goldenrod Cove
Canada R2J 3Z8
Your order is important to us, which why we will process it within 3 business days.
All orders are shipped via Canada Post
$4.99CAD - all orders under $75CAD
Free - all order over $75CAD
Shipping within Canada takes approximately 3-5 business days after processing
$14.99CAD - all orders under $75CAD
$9.99 - all orders over $75CAD
Shipping within the contiguous 48 states takes approximately 5-7 business days after processing
All other countries:
Flat rate of $19.99CAD
Buyers with a shipping address outside of the Canada may be assessed taxes, duties, or import charges on their purchase depending on their country's import laws. By purchasing an item from Herbs and Butter SkinCare, you understand that you are solely responsible for these additional charges. Herbs and Butters SkinCare will not be held responsible to reimburse the buyer of any such expenses imposed. Please check with your country's customs office to determine what these additional costs will be prior to purchasing an item from us.
We take pride in all our products. We use only the best ingredients and we pride ourselves with the quality and standard of our manufacturing. We also understand that not all skin types are the same.
All of our products come with a 14 days money back guarantee. You can return your order for any reason. We will gladly return your money. Please ship your order back to us in it's original container to the address noted above. Your satisfaction is very important to us.