Terms of service
OVERVIEW
Welcome to Nue Aesthetics and Wellness. The terms “we,” “us,” and “our” refer to Nue Aesthetics and Wellness. Nue Aesthetics and Wellness operates this store and website, including all related information, content, features, tools, products, and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Nue Aesthetics and Wellness is powered by Shopify, which enables us to provide the Services to you.
The following terms and conditions, together with any policies referenced herein, these “Terms of Service” or “Terms,” describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access our Services.
Section 1 - Access and Account
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.
To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide in our store is correct, current, and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all account activity under your account. You may not transfer, sell, assign, or license your account to any other person.
Section 2 - Our Products
We have made every effort to provide an accurate representation of our products and services in our online store. However, colors and product appearance may differ from how they appear on your screen due to the type of device you use and your device settings.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be exactly as depicted in our online store.
All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region, or jurisdiction on a case by case basis.
Section 3 - Orders
When you place an order, you are making an offer to purchase. Nue Aesthetics and Wellness reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Nue Aesthetics and Wellness confirms acceptance. We must receive and process your payment before your order is accepted.
Please review your order carefully before submitting it, as Nue Aesthetics and Wellness may be unable to accommodate cancellation requests after an order is accepted. If we do not accept, change, or cancel an order, we will attempt to notify you using the email address, billing address, and or phone number provided at the time the order was made.
Your purchases are subject to our Refund Policy.
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
Section 4 - Prices and Billing
Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs, or import charges.
Prices posted in our online store may be different from prices offered in physical stores or in stores operated by third parties. We may offer promotions from time to time that are governed by separate terms and conditions. If there is a conflict between promotion terms and these Terms, the promotion terms will govern.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our store. You agree to promptly update your account and other information so we can complete your transactions and contact you as needed.
You represent and warrant that the payment information you provide is true, correct, and complete, that you are authorized to use the payment method provided, and that you will pay all charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes.
Section 5 - Shipping and Delivery
We currently ship within the United States only. We do not offer international shipping at this time.
We are not liable for shipping or delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers or events outside our control. Once we transfer products to the carrier, title and risk of loss pass to you.
Section 6 - Intellectual Property
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, audio, and the design, selection, and arrangement thereof, are owned by Nue Aesthetics and Wellness, its affiliates, or licensors and are protected by applicable intellectual property laws.
These Terms permit you to use the Services for your personal, non commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent.
Except as expressly provided herein, nothing in these Terms grants you any license or right under any patent, trademark, copyright, or other intellectual property of Nue Aesthetics and Wellness, Shopify, or any third party. All rights not expressly granted are reserved.
Section 7 - Optional Tools
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control over.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without warranties, representations, or conditions of any kind and without endorsement. Any use by you of optional third party tools is entirely at your own risk and discretion.
Section 8 - Third Party Links
The Services may contain materials and links to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third party materials or websites. If you choose to access any third party site, you do so at your own risk.
Section 9 - Relationship with Shopify
Nue Aesthetics and Wellness is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Nue Aesthetics and Wellness. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Nue Aesthetics and Wellness.
Section 10 - Privacy Policy
All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may also be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
Section 11 - Feedback
If you submit any ideas, suggestions, feedback, reviews, proposals, plans, or other content to us, you grant us a perpetual, worldwide, sublicensable, royalty free license to use, reproduce, modify, publish, distribute, and display such content in any medium for any purpose, including commercial use.
Section 12 - Errors, Inaccuracies and Omissions
Occasionally there may be information on our site that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information is inaccurate at any time without prior notice.
Section 13 - Prohibited Uses
You may use the Services only for lawful purposes. You may not use the Services to violate any laws, infringe upon intellectual property rights, harass or harm others, transmit false or misleading information, distribute spam or malware, impersonate another person, scrape or extract data, or interfere with the security or functionality of the Services. We reserve the right to suspend or terminate access if we determine that you have violated these Terms.
Section 14 - Agents
If you use or enable any software or service that takes autonomous or semi autonomous action on your behalf to access or interact with the Services, you agree that such use must comply with all applicable requirements in these Terms, including any measures we use to limit or control automated access.
Section 15 - Termination
We may terminate this agreement or your access to the Services at any time without notice in our sole discretion. You will remain liable for all amounts due up to and including the date of termination.
Section 16 - Disclaimer of Warranties
The Services and all products offered through the Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, durability, title, and non infringement, except as expressly stated by Nue Aesthetics and Wellness and to the fullest extent permitted by law.
Section 17 - Limitation of Liability
To the fullest extent permitted by law, Nue Aesthetics and Wellness, its affiliates, partners, employees, agents, contractors, service providers, licensors, and Shopify and its affiliates shall not be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of the Services or any products purchased through the Services.
Section 18 - Indemnification
You agree to indemnify, defend, and hold harmless Nue Aesthetics and Wellness, Shopify, and their respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any claims, damages, liabilities, and expenses, including reasonable attorneys’ fees, arising out of your breach of these Terms, your violation of any law, or your violation of the rights of a third party.
Section 19 - Severability
If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms without affecting the validity and enforceability of any remaining provisions.
Section 20 - Waiver; Entire Agreement
These Terms of Service and any policies or operating rules posted by us on this site constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals.
Section 21 - Assignment
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms without notice to you.
Section 22 - Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws applicable in the jurisdiction where Nue Aesthetics and Wellness is headquartered.
Section 23 - Headings
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Section 24 - Changes to Terms of Service
We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.
Section 25 - Contact Information
Questions about the Terms of Service may be directed to us by phone at 707-775-7393.