This website is owned and operated by EUPHORIC INNOVATION, LLC ("EUPHORIC INNOVATION LLC," "Company," and collectively referred to as "we," "us," or "our") for its brand, Silk Nips ("Brand"). These Terms of Use govern your access to and use of our website(s), including any content, functionality, and services offered on or through the websites and platforms where these Terms are located (referred to hereinafter both individually and collectively as either the "Website" or "Websites"), whether you are a guest or a registered user.
The Website is intended for users aged 18 and above. If you are under 18 years old, you are not permitted to use this Website. Certain areas of the Website may require you to provide personally identifiable information. Your submission of personal information through the Website is governed by our Privacy Policy.
Terms of Sale
You may be asked to provide certain information relevant to a transaction, including, but not limited to, details about your payment method (such as payment card number and expiration date), billing address, and shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant the Company the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction.
All descriptions, images, references, content, products, and prices of products described or depicted on the Website are subject to change at any time without notice. By placing an order, you represent that the products or services ordered will be used only in a lawful manner.
Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only in accordance with our Return Policy or 30-Day Money-Back Guarantee, as applicable, which may be available in the footer of the Website.
The Company reserves the right, with or without prior notice, to do any one or more of the following:
- (a) Limit the available quantity of or discontinue any product or service;
- (b) Impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion;
- (c) Bar any user from making or completing any or all transaction(s); and
- (d) Refuse to provide any user with any product or service.
You agree to pay all charges incurred by you or on your behalf through the Website, at the price(s) in effect when such charges are incurred, including, without limitation, all shipping and handling charges. In addition, you remain responsible for any applicable taxes related to your transaction(s).
Sales of products or services may be limited to any person, geographic region, or jurisdiction. We reserve the right to limit the quantities of any products or services offered. All descriptions of products, services, or pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on this Website is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.
Payment
While we do not charge a fee for subscription services, subscribers are responsible for paying any fees incurred in connection with purchasing selected products. These fees include, but are not limited to, shipping and handling charges and applicable taxes. Subscribers determine how often they want to place orders and will be charged based on the selected subscription schedule (e.g., monthly subscribers will be charged each month), unless they cancel the order or subscription in a timely manner according to these Subscription Terms. Total charges may vary and may increase or decrease depending on the cost of the goods purchased. We generally send order confirmation notices to the email associated with your subscription prior to processing your order. These confirmation notices include information about your subscription, upcoming charges, billing dates, and instructions on how to cancel the subscription service.
Cancellations
Subscribers may cancel their subscription services at any time in accordance with these Subscription Terms. To cancel the subscription, you must unsubscribe at least seven (7) days before the order is processed by following the instructions in the email sent in connection with your subscription order or by canceling through the Website. Failure to properly cancel on time may result in your order being processed, although subsequent orders will be canceled if you opt out. Even if you successfully terminate your subscription, if the effective date of termination is after an order has been processed, you will need to separately cancel that processed order to avoid being charged. Processed orders may be canceled in accordance with the applicable Cancellation Policy available in the footer of the Website. If you do not cancel processed orders on time, you may be charged for that order; however, subsequent orders associated with your subscription will be terminated due to your cancellation. For more information on returning orders, please refer to the refund and return policy. You can also reach us through the Contact Page for assistance with canceling your subscription.
Returns and Refunds
Orders purchased through the subscription program are subject to the applicable refund and return policy, which may be available in the footer of the Website.
Disclaimers; Limitation of Liability
We do not guarantee, represent, or warrant that your use of our Website, including any services, will be uninterrupted, timely, secure, or error-free. We do not warrant that the results obtained from the use of the Website will be accurate or reliable.
You expressly agree that your use of, or inability to use, the Website is at your sole risk. THE WEBSITE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE WEBSITE ARE (EXCEPT AS MAY OTHERWISE BE EXPRESSLY STATED IN WRITING BY US) PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT ARE MADE WITH RESPECT TO THIS WEBSITE OR ANY INFORMATION OR SOFTWARE THEREIN.
You acknowledge and agree that the release under these Terms applies to all known and unknown claims, and you hereby waive any and all rights and protections under California Civil Code Section 1542, which states: A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in their favor at the time of executing the release, and that, if known, would have materially affected their settlement with the debtor or released party.
IN NO CASE, INCLUDING NEGLIGENCE, SHALL EUPHORIC INNOVATION, LLC, THE BRAND, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS (COLLECTIVELY, “COMPANY ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (COLLECTIVELY, “DAMAGES”) ARISING FROM THE USE OF OR INABILITY TO USE THIS WEBSITE, NOR SHALL COMPANY OR COMPANY ENTITIES BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT CAUSED BY EVENTS BEYOND COMPANY’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS WEBSITE'S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES WILL COMPANY OR COMPANY ENTITIES BE LIABLE FOR ANY DAMAGES OF ANY KIND THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS UNDER THIS PARAGRAPH MAY NOT APPLY TO YOU, AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF COMPANY’S NEGLIGENT, FRAUDULENT, RECKLESS ACTS, OR INTENTIONAL MISCONDUCT.
ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE WEBSITE ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION ON THE WEBSITE IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANY JURISDICTION WHERE AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.
Miscellaneous
In the event that any provision of these Terms of Use is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions. The failure of Company or Brand to comply with these Terms because of an act of God, epidemic, outbreak, war, fire, riot, terrorism, earthquake, actions of federal, state, or local governmental authorities, or for any other reason beyond the reasonable control of Company or Brand, shall not be deemed a breach of these Terms.
Both you and Company acknowledge and agree that no partnership is formed and neither of you nor Company has the power or the authority to obligate or bind the other.
On certain areas of our Website, you may be given the ability to provide us with personally identifiable information. Your submission of personal information through the Website is governed by our Privacy Policy available in the footer of our Website.
These Terms will be governed by and construed in accordance with the internal laws of the State of New York without regard to conflicts of laws principles. By using this Website, you hereby agree that any and all disputes regarding these Terms and/or the Website not subject to the arbitration provision set forth above will be subject to the federal and state courts located in the State of New York. YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS WEBSITE AND/OR THESE TERMS, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. These Terms operate to the fullest extent permissible by law.
The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use and any policies or operating rules posted by us on this Website or in respect to the services provided on the Website constitute the entire agreement which you agree is binding on you and your heirs, successors, affiliates, and representatives, and supersedes any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use). By using the Website, you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.
Privacy Policy
This Privacy Policy describes how Silk Nips Store (the "Site", "we", "us", or "our") collects, uses, and discloses your personal information when you visit, use our services, or make a purchase from www.shopsilknips.com (the "Site") or otherwise communicate with us regarding the Site (collectively, the "Services"). For purposes of this Privacy Policy, "you" and "your" means you as the user of the Services, whether you are a customer, website visitor, or another individual whose information we have collected pursuant to this Privacy Policy.
Please read this Privacy Policy carefully. By using and accessing any of the Services, you agree to the collection, use, and disclosure of your information as described in this Privacy Policy. If you do not agree to this Privacy Policy, please do not use or access any of the Services.
Changes to This Privacy Policy
We may update this Privacy Policy from time to time, including to reflect changes to our practices or for other operational, legal, or regulatory reasons. We will post the revised Privacy Policy on the Site, update the "Last updated" date, and take any other steps required by applicable law.
Your Rights
Depending on where you live, you may have some or all of the rights listed below in relation to your personal information. However, these rights are not absolute, may apply only in certain circumstances, and, in certain cases, we may decline your request as permitted by law.
- Right to Access / Know: You may have a right to request access to personal information that we hold about you, including details relating to the ways in which we use and share your information.
- Right to Delete: You may have a right to request that we delete personal information we maintain about you.
- Right to Correct: You may have a right to request that we correct inaccurate personal information we maintain about you.
- Right of Portability: You may have a right to receive a copy of the personal information we hold about you and to request that we transfer it to a third party, in certain circumstances and with certain exceptions.
- Restriction of Processing: You may have the right to ask us to stop or restrict our processing of personal information.
- Withdrawal of Consent: Where we rely on consent to process your personal information, you may have the right to withdraw this consent.
- Appeal: You may have a right to appeal our decision if we decline to process your request. You can do so by replying directly to our denial.
- Managing Communication Preferences: We may send you promotional emails, and you may opt out of receiving these at any time by using the unsubscribe option displayed in our emails to you. If you opt out, we may still send you non-promotional emails, such as those about your account or orders that you have made.
You may exercise any of these rights where indicated on our Site or by contacting us using the contact details provided below.
We will not discriminate against you for exercising any of these rights. We may need to collect information from you to verify your identity, such as your email address or account information, before providing a substantive response to the request. In accordance with applicable laws, you may designate an authorized agent to make requests on your behalf to exercise your rights. Before accepting such a request from an agent, we will require that the agent provide proof you have authorized them to act on your behalf, and we may need you to verify your identity directly with us. We will respond to your request in a timely manner as required under applicable law.
Complaints
If you have complaints about how we process your personal information, please contact us using the contact details provided below. If you are not satisfied with our response to your complaint, depending on where you live you may have the right to appeal our decision by contacting us using the contact details set out below, or lodge your complaint with your local data protection authority.
Contact
Should you have any questions about our privacy practices or this Privacy Policy, or if you would like to exercise any of the rights available to you, please call or email us at care@shopsilknips.com or contact us at 3458 Lakeshore Drive, Tallahassee, FL, 32312, US.