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Welcome to our website! We want each visitor to Shimmerskincare.com to have a safe and pleasurable visit, therefore; we have established the following terms and conditions ("Terms and Conditions") so that we (we and you) know what to expect from each other. It is very important that you read and understand all of the following Terms and Conditions before making a purchase. Shimmer Skincare LLC reserves the right to amend at any time, any and all policies governing the Site, including these Terms and Conditions, thru posting the amended terms on the Site. You will be able to tell that a revision has been made to these Terms and Conditions by the date of the last revision indicated at the top of the document. The amended terms shall be effective immediately after they are posted on Shimmerskincare.com. Your continued use of our Site following the posting of such amended terms shall constitute your acceptance of any such changes. If you do not accept the amended terms, you must cease the use of our Site immediately.
Shimmerskincare.com does not permit or advise any minor to make a purchase on our Site. All purchases of our products should be performed by any individual 18 years of age or older.
Shimmer Skincare LLC encourages you to discuss potential benefits or concerns about product use with your physician prior to purchase. Your doctor should address any and all medical questions regarding possible treatment of dermatologic conditions. Shimmer Skincare LLC does not give nor intend to give any answers to medically related questions. We do not represent ourselves as or imply in any way that we are doctors or dermatologist.
All Shimmer Skincare purchases are for consumer use only. Products may NOT be resold. Dealer orders will NOT be accepted. Shimmer Skincare LLC reserves the right to restrict dealer activity and accounts and to deny dealer orders.
Promotional offers and Site-wide sales
Certain products are excluded from offers. Each product detail page indicates if the promotion does not apply. Sale pricing, promotional codes and other special offers cannot be applied toward prior purchases. Promotional codes may not apply to already discounted items. All prices and promotions are subject to change without prior notice.
Your credit card will be billed at the time that your order is placed. All our purchases are backed by a 100% satisfaction guarantee. You may return items, however; returns are handled on a per case bases, please contact Marnie at Shimmerskincare@comcast.net for specific return questions. Transactions on Shimmerskincare.com, including purchases and refunds, are made in US Dollars.
We have made every effort to display as accurately as possible the colors of our products that appear on the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate. We have attempted to be as accurate as possible. However, we do not warrant that the product descriptions are accurate, complete, reliable, current, or error-free. If a product offered by the Site is not as described, your sole remedy is to return it in unused condition.
We only collect sales tax for orders shipped to Michigan. However, depending on the state in which you reside, you may be responsible for state sales tax on your order.
Unless otherwise indicated, all of the Site materials—including, without limitation, all designs, text, graphics, and other files, and the selection and arrangement thereof—are the proprietary and copyrighted property of Shimmer Skincare LLC. Shimmer Skincare LLC grants you a limited license to access and make personal use of the Site (including making electronic copies and printing to hard copy, portions of the Site for informational, non-commercial, purposes only), and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Shimmer Skincare LLC . This license does not include any resale or commercial use of the Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. Any other use of materials found on the Site—including any reproduction, duplication, copying, sale, resale, visitation, or other exploitation for commercial use; reproduction for purposes other than described above; or modification, distribution, republication, display, or performance—without the prior written permission of Shimmer Skincare LLC is strictly prohibited. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Shimmer Skincare LLC without express written consent. Further, by submitting any and all information, data, text, messages, instructions, or other materials of any kind ("Content"), you specifically grant us an exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any Content that you post on the Site. No Content can be copied, scraped, or used in any fashion without the explicit written permission of Shimmer Skincare LLC.
All Shimmer Skincare LLC trademarks are the registered property of Shimmer Skincare LLC or its licensors. Such trademarks may not be copied, imitated or used, in whole or in part, without the prior written permission of Shimmer Skincare LLC. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners and may not be used without prior written permission.
You agree to (1) provide certain current, complete and accurate information about yourself as prompted to do so by the Site; and (2) maintain and update this information as required to keep it current and complete. Shimmer Skincare LLC shall have the right to use your information in accordance with the terms of the Shimmer Skincare LLC Privacy Statement. Providing inaccurate or false data may result in the termination of your User Account and your right to use the Site. You acknowledge that you are solely responsible for your use of the Site including but not limited to all content that you post or upload through the Site. You agree not to post, upload, email, transmit, distribute or otherwise publish on or through the Site any of the following:
- Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, negligent, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent, misleading, or that impersonates any person or entity or otherwise misrepresents your status or affiliation with a person or entity;
- Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, federal, or international law;
- Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content;
- Private information of any third party, including without limitation addresses, phone numbers, email addresses, Social Security numbers and credit card numbers, without the express permission of such party and in full compliance with all applicable laws and Shimmer Skincare LLC policies applicable to such information;
- Viruses, corrupted data or other harmful, disruptive or destructive files;
- Unsolicited promotions, advertising or solicitations for funds, goods or services, including junk mail, chain letters and spam; and
- Content that, in the sole judgment of Shimmer Skincare LLC, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which exposes Shimmer Skincare LLC or its employees, site partners' contributors, or other users to any harm or liability of any type. Prohibited use of this Site may result in, among other things, the termination of your User Account and your rights to use the Site.
All of the products purchased on the Site should be used in accordance with the manufacturer's instructions, precautions and guidelines. If any minor uses any goods or product from Shimmerskincare.com it should be only after the legal or parental guardian has discussed this product with the minor's doctor.
User Account, Username, Password and Security
You agree that Shimmerskincare.com is not responsible for maintaining the confidentiality of your Username, Password and Account (with the exception of those assurances provided in the Shimmer Skincare LLC Privacy Statement) and that you are responsible for all activities that occur with respect to your User Account including maintaining the confidentiality of your Username, Password and Account information. You agree to defend, indemnify and hold harmless Shimmer Skincare LLC from any liability or expense arising from your misuse of the User Account. You agree to immediately notify Shimmer Skincare LLC of any unauthorized use of the User Account or any other breach of security known to you.
Monitoring of Site by Shimmer Skincare LLC
Shimmer Skincare LLC reserves the right, in its sole discretion, to monitor and review any activity, messages, uploaded files, chats, forums or other Content associated with the Site and reserves the right to authorize restrictions on access thereto.
You acknowledge that Shimmer Skincare LLC has no obligation to screen or monitor any of the messages, postings or other Content posted on or using the Site, that Shimmer Skincare LLC does not exercise editorial control over any such Content and that Shimmer Skincare LLC shall have no responsibility or liability of any kind in connection with such Content or for any mistakes, omissions, defamation, slander, libel, falsehoods, obscenity, pornography or profanity you may make or encounter while using the Site. The Content generated by users (via reviews, product questions/answers, etc) does not reflect the opinion of Shimmer Skincare LLC. Shimmer Skincare LLC may, but is not obligated to, do any of the following:
- Remove, screen, edit, filter or refuse to post any Content that it determines, in its sole discretion, may be harmful or offensive to others, may violate the rights of others or that are otherwise inappropriate or objectionable for any reason;
- Investigate any reported violation of its policies or complaints and take any appropriate action that it deems appropriate;
- Access, preserve and disclose any information it considers necessary or appropriate in order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect Shimmer Skincare LLC's systems and customers, or to ensure the integrity and operation of Shimmer Skincare LLC's business and systems, including, without limitation, user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and posted Content.
- Terminate, restrict or suspend your access to the Site or to any interactive areas for any reason.
Non Compliance Policy
We may terminate your access, or suspend your access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party provider, merchant, sponsor, licensor, service provider, or Shimmer Skincare LLC. In addition, we reserve the right to cancel any order or part of an order, or refuse service to anyone for any reason. Such reasons may include, but are not limited to, unauthorized coupon use, product availability, price discrepancy or pricing error.
Disclaimer of Warranties
THE SITE AND THE MATERIALS IN THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SKINSTORE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SHIMMER SKINCARE LLC DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. SHIMMER SKINCARE LLC DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
IN NO EVENT SHALL SHIMMER SKINCARE LLC, OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, OR EMPLOYEES, BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM SHIMMER SKINCARE LLC, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERROR, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO SHIMMER SKINCARE LLC'S RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SHIMMER SKINCARE LLC (WHETHER IN CONTRACT, WARRANTY TORT—INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED—PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO SHIMMER SKINCARE LLC FOR USE OF THE SERVICE.
You agree to defend, indemnify and hold harmless Shimmer Skincare LLC, and its officers, directors, employees, agents, independent contractors, service providers and consultants from and against any third party claims, damages, loss, liability, costs and expenses (including, but not limited to, reasonable attorney's fees) arising out of your use of the Site and any discussion forums or interactive areas contained herein, including without limitation any actual or threatened suit, demand, or claim made against Shimmer Skincare LLC and/or its independent contractors, service providers, or consultants, arising out of or relating to your use of this Site, any information or materials you submit, your violation of these Terms and Conditions, or your violation of the rights of any third party.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Michigan, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to the Site Terms and Conditions or your use of the Site shall be filed only in the state and federal courts located in Macomb County, Michigan and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of or relating to these Terms and Conditions or your use of the Site.