Terms and Conditions

Last updated: March 01, 2023

Please read these terms and conditions carefully before using our website or making a purchase.

Introduction

This website is owned and operated by Spa Rific®. By accessing or using this site, you agree to be bound by these Terms and Conditions and our Privacy Policy. If you do not accept these terms, please do not use this site.

We may periodically update these terms. Your continued usage after an update constitutes acceptance of the modifications. Please check this page regularly for updates.

Definitions

The terms “us” “we” and “our” refer to Spa Rific®, the owner of this website.

A “visitor” is someone who browses our website. A “member” is someone who has registered an account with us. The term “user” refers to all visitors and members.

Use of Our Website

  • You agree to use this site only for lawful purposes and in a manner that complies with all applicable laws.
  • We grant you a limited, revocable, and non-exclusive license to access and use this site for personal use only.

User Accounts

  • To make a purchase or access certain features, you may need to register an account.
  • You agree to provide accurate and current information and to promptly update your details if they change.
  • Your account credentials are personal to you and must not be shared with anyone. You’re responsible for all activities under your account.
  • We are not liable for any loss caused by unauthorized use of your credentials. You must immediately notify us of any unauthorized account access.

User Content

  • We may allow you to post content to our site such as comments, photos, videos, reviews etc.
  • You retain ownership of intellectual property rights over content you submit.
  • You grant us a perpetual, worldwide license to use, host, store, reproduce, modify, create derivative works, publish, distribute and sub-license your content.

Prohibited Conduct

You agree not to:

  • Post illegal, offensive, pornographic, or promote violence, discrimination, or illegal activities.
  • Infringe copyright, trademarks, patents, or other intellectual property rights.
  • Violate the legal rights of others including privacy and publicity rights.
  • Engage in spamming, flooding, scraping, or other disruptive activities.
  • Introduce viruses, spyware, malware, or other harmful code into our site.
  • Use scraping, data extraction, bots, crawlers, or similar data gathering tools without permission.
  • Interfere with the operation of our site or overload our systems causing malfunction.
  • Misrepresent your identity or provide false details to access our site.

Purchase Terms

  • You agree to the prices, fees, shipping costs, and product availability as displayed on our site. Prices and availability are subject to change.
  • You must be at least 18 years old or have parental consent to make a purchase.
  • We reserve the right to refuse or cancel an order for any reason, including errors, inaccuracies, or omissions on the site. If we cancel your order after payment, we will issue a refund.
  • The risk of loss and ownership transfers to you when we ship the order. We are not liable for delayed or lost shipments.

Returns and Refunds

Please refer to our Return Policy for details on eligible returns and refunds for purchases made on our website.

Disclaimer of Warranties

Content and products on our website are provided “as is” without warranty of any kind. We disclaim any warranties to the fullest extent permitted by law including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Limitation of Liability

We will not be liable for any indirect, incidental, consequential, special, punitive or exemplary damages arising from your use of this site.

Our maximum liability arising from your use of the site is limited to the total amount you paid to us over the past 12 months.

Indemnification

You agree to defend, indemnify, and hold us harmless from any claims, damages, losses, liabilities, judgments, fees, and costs incurred by us or third parties due to or arising from your use of our site, your breach of these terms, or your violation of any law or rights of a third party.

Copyright Disputes

Please notify us of any copyright or trademark violations so we can rectify the issue. For more details on reporting copyright infringements refer to our Copyright Policy.

Governing Law

These Terms will be governed by the laws of the State of California without regard to conflict of laws principles. Any disputes related to these Terms must be resolved exclusively in courts located in Los Angeles County, California.

Termination

We reserve the right to suspend or terminate your access to the website if we reasonably believe you have violated these Terms. You have the right to terminate your use of the site at any time. Any provisions that should survive termination of these Terms will remain in effect after termination.

Entire Agreement

These Terms constitute the entire agreement between you and Spa Rific® related to use of this website. They supersede any prior agreements.

Additional Terms for Certain Services

Additional terms may apply to certain products, services, promotions, or activities available on our website. Read the following sections for those additional conditions.

Product Reviews

  • You may have the opportunity to post reviews of products you purchase. We encourage honest feedback based on your experience.
  • You agree your reviews will be truthful, free from bias, and contain no false claims. We reserve the right to remove inaccurate reviews.
  • You may receive compensation or incentives for reviews only upon clearly disclosing it in your review.

Contests and Sweepstakes

  • Official rules for contests, sweepstakes, promotions will be posted on a designated page. You must comply with any terms and limitations to participate.
  • Contests are not open to our employees or family.
  • We are not responsible for lost, late, incomplete, invalid, or misdirected entries.
  • Winners may need to consent to the use of their name, image, and/or likeness for promotional purposes.
  • All prizes are awarded on an as-is basis. We disclaim liability for any defect in a prize.

Events and Meetups

  • For any in-person gatherings facilitated through our site, you voluntarily assume all risks of personal injury or property damage. We are not liable for any loss in connection with the event.
  • You may not record the events without permission. All event content is our proprietary information.
  • If you engage in unacceptable behavior or violate any rules, we reserve the right to remove you from the event.

Subscriptions

  • Certain features on our site may offer recurring subscription services (ex. newsletters, courses).
  • You authorize us to charge your payment method on a recurring basis until you cancel.
  • You can cancel a subscription at any time from your account. Refunds are not provided for partial subscription periods.
  • We may suspend or terminate subscriptions due to non-payment.

Downloads

  • We may allow digital downloads of online courses, ebooks, music, or other content.
  • Your use of downloads is limited to personal, non-commercial purposes. You cannot redistribute or resell any downloads unless authorized by the content owner.
  • Downloads are not returnable or refundable. Please download carefully as we are not required to provide re-downloads.

User-Generated Content

  • We may host user-submitted content like comments, forum posts, photos, videos, etc.
  • You retain ownership of any original content you post, subject to our license described in these terms.
  • User content is not endorsed or controlled by us. We are not responsible for any inaccurate, objectionable, or inappropriate content users submit.
  • We may remove user content for any reason. You can request the removal of your posts.

Social Media Features

  • Our website may contain social sharing features of other sites like Facebook, Twitter, Pinterest etc.
  • Your use of these features may allow third parties access to your personal information and browsing activity.
  • These social media services have their own privacy policies. We are not responsible for their security and handling of your private details.

Advertisements

  • We display advertisements on certain areas of our site from third-party ad networks and advertisers.
  • Each advertiser is responsible for ensuring their ad complies with all applicable laws and regulations. We are not liable for the content of any ads.
  • The advertisers may engage in cookie drops, pixel tags, and other data collection directly through the ads. This site does not control those activities. Please review the advertisers’ privacy policies for details.

Electronic Payments Terms

These additional terms apply if you make a purchase or pay fees on our site using electronic payment means like cards, digital wallets, bank transfers etc.

Your Payment Obligations

  • You are responsible for paying all the amounts owed for services, products, or fees accessed through your account credentials.
  • We may suspend your account privileges or take other actions if we are unable to process payments from your designated account.

Payment Processing

  • All credit and debit card transactions are processed through third-party payment gateways like Stripe, PayPal etc.
  • Card payments are subject to the terms, conditions, and privacy policies of the payment gateway. We do not collect or store full card details.
  • You authorize the payment gateway to deduct any applicable transaction fees or currency conversion costs.

Recurring Payments

  • For some purchases, you may authorize recurring periodic charges to your designated card or account, such as subscriptions or installment plans.
  • You confirm your ability to make recurring payments and understand the amount may vary in each cycle based on your usage.
  • These recurring payments continue until the subscription or plan end date, or you cancel your authorization through your account portal.

Shipping and Delivery Terms

These terms apply if your purchase includes shipment of a physical product.

Product Details and Availability

  • We strive to display products accurately on our site. However, the actual color, size, and detail of the product you receive may be slightly different.
  • The product images shown are for illustration only and may not be an exact likeness of the product you are purchasing.
  • In case ofMismatch, we will make commercially reasonable efforts to find a suitable replacement or issue a refund.

Shipping Timelines and Costs

  • The shipping timelines displayed at checkout refer to our average processing and transit times. Delays can occur during periods of high order volume.
  • The shipping rate charged will reflect our current rates. We may ship using any carrier that meets delivery timeliness standards.
  • You authorize us to charge designated shipping fees and any carrier surcharges that apply to ensure timely delivery.

Tracking and Delivery

  • We will make efforts to provide tracking information as available. However, we are not responsible for a carrier’s tracking or delivery performance.
  • We are not liable for lost or stolen packages after an order is accepted and tendered to the carrier.
  • We may reject deliveries if the product appears damaged or tampered. Replacement items will be promptly dispatched after an investigation.

Return and Refund Policies

Please review our refund and return policy for information on how to return purchases made through our website.

Returns on Damaged, Defective, or Incorrect Items

  • If an item you ordered arrives damaged, defective, or different from its description, please contact us within 7 days with:
    • Details of the issue
    • Pictures where applicable
    • Request for a refund/replacement
  • We will make our best effort to resolve defects and errors in a fair and timely manner.

Voluntary Returns and Refunds

  • For non-damaged products, voluntary returns may be allowed within 14 days of delivery for a full refund minus original shipping charges.
  • You must obtain a Return Authorization before shipping items back to us. Instructions will be emailed to you.
  • Refunds are generally processed within 3-5 business days after the returned products are inspected and accepted. Refunds may take 1-2 billing cycles to reflect in your account statement.

Exceptions and Exclusions

  • Custom and personalized products are non-refundable. Please verify your selections carefully during checkout.
  • Subscriptions, downloads, virtual goods cannot be returned as you gain immediate access to the product. Read terms before purchase.
  • Return shipping costs are the customer’s responsibility unless the return is due to our error.
  • Evidence of damage/misuse may result in denial of a refund and return of item at customer’s expense.
  • Sale items may be excluded from returns. Other exclusions may apply. Please read your receipt and our FAQ.

Modifying or Cancelling Orders

  • Unshipped orders can be modified or cancelled by contacting our support team.
  • Orders already tendered to a carrier cannot be modified or cancelled. Please reject delivery and notify us if the shipment is enroute.

Intellectual Property Provisions

Ownership of Site Content

  • All content, trademarks, logos, brands, proprietary information, and intellectual property on our website are our sole property and are protected by copyright, trademark, and other laws.
  • Any unauthorized use of the content may violate copyright laws, trademark laws, privacy laws, and other regulations.

Your IP Grant to Us

  • By posting or submitting content on our site, you grant us a perpetual, worldwide, non-exclusive, irrevocable license to use, host, store, reproduce, publish, display that content for any purpose.
  • We may edit, modify, or adapt user content. We are not required to display or compensate you for any user submissions.

DMCA Notice for Copyright Infringement Claims

  • If content on our site infringes your copyright rights, you may submit a notification to our designated DMCA Agent as per the Digital Millennium Copyright Act (DMCA).
  • The notice must contain details of your claim, contact details, description of the material being infringed, and the infringing URL.
  • If valid, we will promptly remove or disable access to the infringing material upon receipt of the notice. Please email copyright@sparific.shop for DMCA notices.

Disclaimers and Limitations

Medical Disclaimers

  • Content on our site is NOT a substitute for professional medical diagnosis, treatment, or advice. Always consult a physician regarding health concerns.
  • We are NOT liable for any adverse effects or consequences from the use of any products or suggestions mentioned on our site.

Warranty Disclaimers

We make NO promises or warranties:

  • That the site or its content will meet your needs or expectations.
  • That the site will be available at all times or error-free. We take efforts to minimize downtime, but cannot guarantee 24/7 availability.
  • For accuracy, completeness, timeliness, or authenticity of information provided. You use the site at your own risk.
  • That the site is free from viruses, malicious code, or other harmful components.
  • For any orders that could not be fulfilled due to stock unavailability, delivery issues, or other causes.

Limitation of Liability

  • We are NOT liable for any direct, indirect, punitive, incidental, consequential damages arising from use of this site or linked sites. This includes damages for loss of profits, revenue, data, or other intangibles.
  • You agree our liability for MONETARY DAMAGES, if any, shall NOT exceed the fees paid by you to us over the past 12 months.
  • The damage exclusions and limitations apply even if repair, replacement or refund fails to provide full compensation. Some states do not allow disclaimers of implied warranties, so the above disclaimers may not fully apply.

Concluding Legal Provisions

Updates to These Terms

  • We reserve the right to revise these Terms at any time by posting updated terms. Your continued use after updates constitutes acceptance.
  • For significant changes, we will make reasonable efforts to notify you through the website, emails, or other means. Please check back frequently for updates.

Idemnification and Waiver

  • You agree to indemnify, defend, and hold us harmless from any claims, damages, liabilities, costs, and expenses (including legal fees) arising from your use of this website. This includes your failure to comply with laws or breach of these Terms.
  • Any failure by us to exercise or enforce rights does not constitute a waiver of those rights.

Severability and Survival

  • If any provision of these Terms is held invalid or unenforceable, it will be modified to achieve the intent of the original term as closely as possible. The remaining terms will remain in effect and enforceable.
  • Any provisions that should logically survive termination of these Terms (such as indemnities, disclaimers etc.) will continue in effect beyond termination.

Governing Law and Jurisdiction

  • These Terms are governed by the laws of California, without regard to conflict of law principles.
  • For any disputes related to these Terms, you consent to the personal and exclusive jurisdiction of courts located in Los Angeles County, California.

Contact Details

Thank you for taking the time to understand our policies and terms better. If you have any questions or concerns, please get in touch with us:

Email: terms@sparific.shop

Phone: 1-800-123-4567

Office Address: 123 Spa Rific Lane, Los Angeles, CA 90025

We are committed to replying to queries and addressing issues promptly. We appreciate you joining our community!

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