Terms and Conditions
Last Modified: July 11, 2017
These Terms and Conditions (hereinafter referred to as “Agreement”, “Terms and Conditions” or “Terms”) are a legally binding agreement between you either an individual, group or entity (the “Customer”, “User”, “You”, or “Your”) and www.olorunskin.com (“Website”, “Olorun Skin”, “Site” or “Service”) owned and operated by RH Fafanto, LLC (“Company”, “We”, “Us”, or “Our”) operating in accordance with the Laws of the State of Texas from its offices located at 9914 Hawksbill Peak, San Antonio, Texas 78245, USA.
Olorun Skin Website is not addressed at Users under the age of 18 years. If you are under 18 years of age, you must obtain the express consent of your parent or legal guardian to access and use our Website. As a Parent(s) and/or Legal Guardian(s) of a User under the age of eighteen (18) you take responsibility for: (i) your actions; (ii) any charges associated with your purchase of products through the Website; and (iii) your acceptance and compliance with these Terms. If you do not have the requisite consent from your parent(s) or legal guardian(s), you must stop accessing this Site immediately and please do not purchase any products through our Website.
If you are entering into this agreement on behalf of an entity, you represent and warrant to the Company that you have the requisite authorization and capacity to enter into legally binding contracts on behalf of such entity.
IF YOU ARE UNDER THE AGE OF THIRTEEN (13) YEARS, YOU ARE NOT ALLOWED TO ACCESS OUR WEBSITE OR PROVIDE ANY PERSONAL INFORMATION TO THE SITE OWNER.
By using the Website, you represent and warrant to the Company that you have the right, authority, and the requisite capacity to enter into this Agreement which is a legally enforceable.
How the Website works
The Olorun Skin online store offers Users a convenient way to buy luxury skin care products online. Customers can easily select desired products from our collection of quality products as visible on our Website and place their order at www.olorunskin.com and make payments using Stripe payment processor. The Company currently uses USPO for shipping the products to all locations listed on our Website. Please note all shipping costs are borne by the User and Users are able to view the shipping costs before they checkout.
Delivery, Pricing and Payment
You acknowledge that delivery of the Products is subject to availability of the Products. We use third-party shipping service providers who strive to deliver the Product to you within the delivery time-frame stated at the time you place your order. However, you understand that all delivery time-frames provided by the Shipping company are estimates only and delays can occur for reasons beyond our or their control. If the delivery of your Product is delayed, we will make our best effort to inform you accordingly via e-mail. The time for delivery shall not be of the essence and we shall not be liable for any delay in delivery whatsoever caused.
Please provide us with a secure shipping address (where you or authorized representative will be available to accept delivery). The order will be delivered to the address you provide us at the time you place your order. In cases where the customer refuses to take delivery of the product without sufficient cause or justification, or the parcel bounces, We will keep your ordered product for a period of sixty (60) days, reckoned from the date We receives the bounced parcel. After the lapse of such period, the product or item is deemed abandoned by customer, and Company may dispose of the product in whatever way it deems fit. Notwithstanding the foregoing, We will use our best efforts to return the product to the Customer within the time frame provided, however, you will become liable for any additional re-delivery costs.
You may pay for the Product using any of the payment methods prescribed by us from time to time. By accepting our terms and conditions, you further accept to abide by the terms and conditions of our chosen Payment Processor.
Please note that we reserve the right to change our product prices at any time without giving any prior notice to you, you will be liable to pay the product price listed on our Website at the time you place your order.
Return, Replacement and Refund Policy
You may return any products purchased from our online store within 15 days from the time you placed your order and claim a full refund or request exchange with another item of comparable price from our collection. Please note that you will become liable for shipping costs for returns and re-delivery of items.
In the event we delivered incorrect item to you or the item you received was defective, we will gladly replace it for you after we receive the non-compliant item. We will bear the shipping costs for incorrect deliveries.
Please ensure that you meet all the requirements listed below to qualify for a return, refund and replacement before sending the items back to us.
For returns, refunds and replacement requests please send us an email at email@example.com with the words “Return Request” in the subject line and the following information: your full name, delivery address, email address, phone number along with the reason for return or replacement request. Once you receive a confirmation email from us regarding your return request, you will be expected to ship the nonconforming item back to the following return address:
RH Fafanto, LLC
10650 Culebra Road
San Antonio, Texas 78245
United States of America
Please note that you can only return items for refund or exchange as set out in this provision, if the following conditions are met:
- Items must be purchased from the online store at olorunskin.com;
- Return request email must be sent within 72 hours from the time of accepting delivery;
- The item you wish to return was not purchased in clearance sale or considered a special item of similar nature;
- You have received confirmation from the Company to ship the non-compliant item back;
- Items must be unused and in original packaging;
- Packaging must include all original items such as leaflets etc;
- Return package must include original invoice or sale receipt;
- Return shipment must be securely packaged to prevent any damage to the items during shipping;
Please note that we reserve the right to refuse replacement or accept any returns for items that do not comply with aforementioned requirements.
In the event we decide to offer you a full or partial refund, such refund shall be made via the original payment mechanism and to the person who made the original payment. The processing of refund payment may take time. We are unable to offer any guarantees of any nature for the timeliness of refunds reaching your account. We may in our sole discretion agree to bear any costs that may be incurred in the processing of refund. We may at any time and without prior notice to you modify the mechanism of processing refunds.
You may cancel your order anytime before we dispatch it within 24 hours from the time you placed your order. To inquire about cancelling your order, please contact us at firstname.lastname@example.org by using the word “Cancellation” in the subject line. We will inform you if you are eligible to cancel your order.
We may Cancel an order at any time after the occurrence of either:
- the Products ordered being unavailable for any reason; or
- the User being in breach of an provisions of these terms
- We cease our business operation for any reason
International Customs Charges
You acknowledge that international deliveries may incur import duties and taxes imposed by the customs department of your country. Unless expressly stated otherwise, all such duties and taxes will be borne by you and the Company will not be liable for any additional charges that you may be required to pay by your local authorities. You are advised to familiarize yourself with all applicable laws and regulations to ensure that you are in compliance with your local laws before ordering any Product through the Website.
Account Registration and Access
Users are not required to sign-up at www.olorunskin.com to search for Products but you may be required to create an account on Olorun Skin website to purchase products listed on our site. You agree to provide us with correct and current information when creating an account on the Website and you agree to keep your login credentials strictly confidential. It is imperative that you refrain from disclosing your login credentials to any other third party.
Olorun Skin relies upon Users to protect their login credentials. You accept that all activity under your account is solely your responsibility and you will take all necessary steps for maintaining the confidentiality of your account sign-in credentials. You understand that by using another User’s account with their prior consent you are violating the terms of this Agreement and the Company is authorized to take legal action against for such violation. Furthermore, you agree to immediately notify Us in writing of any unauthorized use and access to your account, or similar security breach of which you become aware of.
We may access your account and the information that you have provided Us, for support, maintenance or for any security-related or business reasons that We in Our sole discretion deem fit.
Public Areas and User Generated Content
Our Website may contain blogs, ratings and reviews for our products, and/or other message or communication facilities (“Public Areas”) that allow you to communicate with other Users or publicly ask us questions regarding the products. You may only use such community areas to send and receive information that is relevant to the applicable forum. Please note that any and all submissions made to Public Areas will be publicly visible and that you will be publicly identified by your public profile when communicating in Public Areas. The Company will not be held responsible for the actions of any Users with respect to any information or materials posted in such Public Areas. Any content posted, generated or transmitted by a User through the Website is the sole responsibility of the User who originally created that content. We assume no liability or responsibility for any errors or omissions in any User Generated Content. We do not offer any assurances and disclaim all liability regarding the identity of any other Users.
You agree to grant us an unrestricted, worldwide, royalty-free licence to use, reproduce, modify and adapt any content publicly posted by you on the Website or our Social Media Pages for the purpose of including that material and information on the Website and as otherwise may be required to provide the Service or for the general promotion of the Website and Products as permitted by this Agreement.
You agree that at all times:
- You will comply with this Agreement and all applicable laws and regulations;
- You will ensure that you are aware of any laws that apply to you as a Customer of Products sold through the Website.
You agree not to:
- Post any content that may be potentially or actually harmful to the Company or any User;
- Post any content or information that is false, inaccurate, misleading or deceptive in nature;
- In any way, infringe any User or third party’s copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights including but not limited to rights of publicity, confidentiality or privacy;
- Act in any manner that may lead to violation of any applicable laws or regulation, including but not limited to those governing export and import control;
- Post any content that may be deemed defamatory, libelous, threatening or harassing;
- Post any content that is obscene or contain any material, that we may in our sole discretion deem inappropriate or unlawful;
- Intentionally or unintentionally cause harm or subvert the function of the Website by introducing any viruses, Trojan horses, time bombs, cancel-bots or other computer programming routines that may damage, modify, delete or interfere with any system, data or personal information stored on the Site;
If we determine, in our sole discretion, that you have breached any obligation under this provision, we reserve the rights to remove any content you have submitted through the Website or on our Social Media Pages and disallow you access to our website.
We reserve the right to investigate and prosecute violations of any prohibited behavior or breach of these terms to the fullest extent of the law. We reserve the right to take actions to prevent and/or control such violation including but not limited to, removing any inappropriate communication or content from the Website and/or terminating the account of such violators and/or blocking their use of the Website.
We appreciate our Users and love to hear their views. If you would like to share your feedback and suggestions about how to improve our products or website, please submit your feedback to email@example.com. By contributing your feedback, you give us the right, at our discretion, to use, disclose or exploit your contribution and/or ideas, in whole or in part, without any restriction or compensation to you.
We reserve the right to change any features, products or the Terms on this Website at any time, in our sole discretion without giving any notice to you. All modifications/amendments will be effective upon implementation on the Website. You agree to review these Terms periodically to familiarize yourself with any change in your rights and obligations as a result of such modifications. Please note that we do not assume any responsibility for any loss suffered by you as a result of your failure to review such modified Terms or Website functionality. Unless expressly stated otherwise, your continued use of the Website after the introduction of modifications will constitute a tacit acceptance and agreement to abide by such modification.
We may in our sole discretion, at any time deactivate your access to the Website without giving any prior notice: to carry out any system maintenance on our website or/and testing or general bug fixing repairs or/and other related work. Without prejudice to any other provisions of this Agreement, we will not be liable to indemnify you for any loss or/and damage or/and costs or/and expense that the you may suffer or incur, as a result of such deactivation or/and suspension.
Reservation of Rights
We reserve all rights not expressly granted in these Terms & Conditions.
ANY CONTENT OR INFORMATION INCLUDING ANY, ADVICE, RECOMMENDATION OR GUIDANCE OR CLAIM POSTED ON OUR WEBSITE IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO TREAT ANY MEDICAL CONDITION OR REPLACE MEDICAL TREATMENT FROM A LICENSED MEDICAL PRACTITIONER. WE ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING WHETHER DIRECTLY OR INDIRECTLY FOR ANY ACTION OR OMISSION ON YOUR BEHALF, BASED ON THE INFORMATION, SERVICES OR OTHER MATERIAL MADE AVAILABLE THROUGH OUR WEBSITE.
Disclaimer of Warranties
THE PRODUCTS ON OUR WEBSITE ARE PROVIDED TO YOU ON AN “AS IS” BASIS WHICH MEANS THAT WE DO NOT OFFER ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANT-ABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, COMPLETENESS, SUITABILITY OR QUALITY OF PRODUCTS MADE AVAILABLE THROUGH THE WEBSITE.
WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ITS SHAREHOLDERS, OFFICERS, EMPLOYEES, DIRECTORS, AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT THE WEBSITE WILL BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS OF CONTENT, INFORMATION OR PRODUCTS PROVIDED THROUGH THE WEBSITE.
To the fullest extent permitted by law, you hereby agree to indemnify, defend, and hold harmless the Company, its directors, officers, employees, agents, licensors, attorneys, independent contractors and affiliates from and against any and all claim, loss, expense or demand of liability, including attorneys’ fees and costs incurred, in connection with your use or inability to use the Product purchased through the Site.
LIMITATION OF LIABILITY
THE COMPANY, ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS’ LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE PRODUCTS PURCHASED THROUGH THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN SUCH EVENT, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT THE COMPANY OR ITS EMPLOYEES, AFFILIATES OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS IS LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE PURCHASE PRICE PAID BY THE USER, IF ANY, DURING THE ONE (1) MONTH PRIOR TO THE TIME SUCH CLAIM AROSE.
This website is controlled by RH Fafanto, LLC dba Olorun Skin and operating in accordance with the Laws of the State of Texas, USA. Any legal actions pertaining to this Agreement must be brought in the courts of law with appropriate jurisdiction to rule upon the matter, located in San Antonio, Texas, USA. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
Assignability – The Company may assign any of its responsibilities and/or obligations to any other Person, at its sole discretion, without giving any notice to you. However, you shall not assign or transfer any of your rights under this Agreement to any other party, without express written consent from the Company.
Severability – If for any reason, any provision of this Agreement or any part thereof is found to be unlawful, void, or for any reason unenforceable, then such provision or part thereof will be limited to the minimum extent necessary and shall not impact the validity and enforceability of any remaining provisions of this Agreement.
Waiver – Any failure on the part of the Company to exercise any right or remedy under this Agreement will not constitute a waiver of such right or remedy.
Force Majeure – The Company is not liable for failure to perform any of its obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power, confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labor dispute, strike, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service.