Terms of service
TERMS OF SERVICE – FOCUS SKIN
Welcome to Focus Skin. The terms “we”, “us” and “our” refer to Focus Skin. Focus Skin operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, as a customer, with a personalized shopping experience, referred to as the “Services”. Focus Skin is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service, together with any related policies, define your rights and responsibilities when using the Services.
Please read these Terms of Service carefully, as they contain important information about your legal rights and include disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and by our Privacy Policy:
https://focuskin.fr/policies/privacy-policy
If you do not agree to these Terms of Service or to our Privacy Policy, you must not access or use the Services.
SECTION 1 — ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are of legal age in your state or province of residence, and that you authorize any minor dependents to use the Services on devices that you own, purchase, or manage.
To use the Services, including browsing our online store(s) or purchasing products or services, we may require you to provide certain information, such as your email address, billing information, payment information, and shipping details. You represent and warrant that all information you provide through our store(s) is accurate, current, and complete, and that you have all necessary rights to provide such information.
You are solely responsible for maintaining the security of your account credentials and for any activity carried out 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 display our products and services as accurately as possible in our online store(s). However, please note that product colors or appearance may vary depending on the device you use to access the store and on your device settings and configuration.
We do not guarantee that the appearance or quality of any product or service you purchase will meet your expectations or match exactly what is shown or described in our online store(s).
All product descriptions may be changed 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 product 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. Focus Skin reserves the right to accept or refuse your order for any reason, at its sole discretion. Your order is not accepted until Focus Skin has confirmed its acceptance. We must receive and process your payment before your order is accepted.
Please review your order carefully before submitting it, as Focus Skin may not be able to accommodate cancellation requests after an order has been accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you using the email address, billing address, and/or phone number provided at the time of the order.
Purchases may only be returned or exchanged in accordance with our Refund Policy:
https://focuskin.fr/policies/refund-policy
You represent and warrant that your purchases are intended for personal or household use and not for commercial resale or export.
SECTION 4 — PRICING AND BILLING
Prices, discounts, and promotions may be changed 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 stated in the order confirmation email. Unless otherwise stated, displayed prices do not include taxes, shipping and handling fees, customs duties, or import charges.
Prices displayed in our online store(s) may differ from prices offered in physical stores or through online stores or other channels operated by third parties. From time to time, we may offer promotions that affect pricing and are governed by separate terms. In the event of a conflict between the terms of a promotion and these Terms, the promotional terms will prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our store(s). You agree to promptly update your account and any other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you where necessary.
You represent and warrant that:
(i) the credit card information you provide is true, accurate, and complete;
(ii) you are duly authorized to use that credit card for the purchase;
(iii) the charges incurred by you will be honored by your card issuer; and
(iv) you will pay all charges at the displayed prices, including shipping and handling fees and all applicable taxes.
SECTION 5 — SHIPPING AND DELIVERY
We are not responsible for shipping or delivery delays. All shipping times are estimates and are not guaranteed. We are not responsible for delays caused by carriers, customs processing, or events beyond our control. Once we transfer the products to the carrier, ownership and risk of loss pass to you.
SECTION 6 — INTELLECTUAL PROPERTY
Our Services, including without limitation all trademarks, service marks, text, displays, images, graphics, product reviews, videos, audio content, and their design, selection, and arrangement, are owned by Focus Skin, its affiliates, or its licensors, and are protected by U.S. and foreign patent, copyright, and intellectual property laws.
These Terms allow you to use the Services for personal, non-commercial purposes only. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any content from the Services without our prior written consent.
Except as expressly provided in these Terms, nothing in these Terms grants, or should be interpreted as granting, any license or other right in any patent, trademark, copyright, or other intellectual property belonging to Focus Skin, Shopify, or any third party. Any unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted are reserved.
The Focus Skin name, logo, product and service names, designs, and slogans are trademarks of Focus Skin or its affiliates or licensors. You must not use these marks without Focus Skin’s prior written permission. The Shopify name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans appearing on the Services are trademarks of their respective owners.
SECTION 7 — OPTIONAL TOOLS
You may be given access to customer tools offered by third parties as part of the Services, which we do not monitor and over which we have no control.
You acknowledge and agree that we provide access to such tools “as is” and “as available”, without any warranties, representations, or conditions of any kind and without endorsement. We shall not be liable for any issues arising from your use of optional third-party tools.
Your use of optional tools made available through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and agree to the terms provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services, including new tools and resources. Such new features will also form part of the Services and will be subject to these Terms.
SECTION 8 — THIRD-PARTY LINKS
The Services may contain content and hyperlinks to websites provided or operated by third parties, including integrated third-party features. We are not responsible for reviewing or evaluating the content or accuracy of third-party content or websites that you choose to access. If you decide to leave the Services to access third-party content or websites, you do so at your own risk.
We are not responsible for any harm or damage related to your access to third-party websites, or your purchase or use of products, services, resources, or content on third-party websites. Please carefully review third-party policies and practices before engaging in any transaction. Any complaints, claims, concerns, or questions regarding third-party products and services should be directed to the relevant third party.
SECTION 9 — RELATIONSHIP WITH SHOPIFY
Focus Skin is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make through our store are conducted directly with Focus Skin.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and Focus Skin, including any damage, injury, or loss resulting from products or services purchased. You expressly release Shopify and its affiliates from any claims, damages, or liability arising from your purchases and transactions with Focus Skin.
SECTION 10 — PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, available here:
https://focuskin.fr/policies/privacy-policy
Certain personal information may also be subject to Shopify’s Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information relating to your access to and use of the Services in order to provide and improve the Services. Information you submit through the Services will be transferred to and shared with Shopify, as well as with third parties that may be located in countries other than the country where you reside, in order to provide services.
Please review our Privacy Policy for more details on how we, Shopify, and our partners use your personal information.
SECTION 11 — FEEDBACK
If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content, collectively referred to as “Feedback”, you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium and for any purpose, including commercial purposes.
For example, we may use this license to operate, provide, evaluate, improve, and promote the Services, and to perform our obligations and exercise our rights under these Terms.
You further represent and warrant that:
(i) you own or otherwise have all necessary rights in the Feedback;
(ii) you have disclosed any compensation or incentive received in connection with your submission of Feedback; and
(iii) your Feedback will comply with these Terms.
We have no obligation to:
(1) keep Feedback confidential;
(2) pay compensation for Feedback; or
(3) respond to Feedback.
We may, but are not required to, monitor, edit, or remove Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property rights or these Terms.
You agree that your Feedback will not violate any third-party rights, including copyright, trademark, privacy, publicity, or other personal or proprietary rights. You also agree that your Feedback will not contain defamatory, unlawful, abusive, or obscene material, or any computer virus or other malware that could affect the operation of the Services or any related website.
You may not use a false email address, pretend to be someone else, or otherwise mislead us as to the origin of any Feedback. You are solely responsible for any Feedback you post and for its accuracy. We assume no responsibility for Feedback posted by you or any third party.
SECTION 12 — ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on or through the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, and 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 and without prior notice, including after you have submitted your order.
SECTION 13 — PROHIBITED USES
You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly:
(a) for any unlawful or malicious purpose;
(b) to violate any international, federal, provincial, national, or local law, rule, regulation, or ordinance;
(c) to infringe or violate our intellectual property rights or the intellectual property rights of others;
(d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or injure our employees or any other person;
(e) to submit false or misleading information;
(f) to upload or transmit any content that does not comply with these Terms;
(g) to transmit, or procure the sending of, any advertising or promotional material, including junk mail, chain letters, spam, or any similar solicitation;
(h) to impersonate, or attempt to impersonate, any person or entity; or
(i) to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or that, in our opinion, may harm Focus Skin, Shopify, or users of the Services, or expose them to liability.
In addition, you agree not to:
(a) upload or transmit viruses or any other malicious code;
(b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services;
(c) collect or track the personal information of others;
(d) spam, phish, pharm, pretext, spider, crawl, or scrape; or
(e) interfere with or bypass the security features of the Services or any related website.
We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we believe you have violated any part of these Terms.
SECTION 14 — TERMINATION
We may terminate this agreement or your access to the Services, or any part of them, at our sole discretion, at any time and without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provision that by its nature should survive termination.
SECTION 15 — DISCLAIMER OF WARRANTIES
The information presented on or through the Services is provided for general informational purposes only. We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability arising from any reliance placed on such materials by you, any other visitor to the Services, or anyone who may be informed of their contents.
UNLESS EXPRESSLY STATED BY FOCUS SKIN, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
Some jurisdictions limit or do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
SECTION 16 — LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, Focus Skin, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, or licensors, as well as Shopify and its affiliates, shall not be liable under any circumstances for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort, including negligence, strict liability, or otherwise, arising from your use of the Services or any product obtained through the Services, or any other claim related in any way to your use of the Services or any product, including, without limitation, any errors or omissions in any content, or any loss or damage of any kind resulting from your use of the Services or any content or product posted, transmitted, or otherwise made available through the Services, even if advised of the possibility of such damages.
SECTION 17 — INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Focus Skin, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any loss, damage, liability, or claim, including reasonable attorneys’ fees, payable to any third party arising from:
(1) your breach of these Terms;
(2) your violation of any law or the rights of a third party; or
(3) your access to and use of the Services.
We will notify you of any claim subject to indemnification, provided that any delay in notification will not relieve you of your obligations unless you are materially prejudiced by the delay. We may control the defense and settlement of the claim at your expense, including the selection of counsel, but we will not settle any claim involving non-financial obligations for you without your consent, which shall not be unreasonably withheld. You will cooperate in the defense, including by providing relevant documents.
SECTION 18 — SEVERABILITY
If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall nevertheless 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 the remaining provisions.
SECTION 19 — WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms, together with any policies or operating rules posted on this site regarding the Services, constitute the entire agreement between you and us and govern your use of the Services, replacing any prior or contemporaneous agreements, communications, or proposals, whether oral or written, including any prior versions of the Terms.
Any ambiguity in the interpretation of these Terms shall not be interpreted against the drafting party.
SECTION 20 — ASSIGNMENT
You may not delegate, transfer, or assign this agreement or your rights or obligations under these Terms without our prior written consent; any attempted assignment will be void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.
SECTION 21 — GOVERNING LAW
These Terms and any separate agreements through which we provide you with the Services shall be governed by and interpreted in accordance with the federal and state/territorial laws and courts of the jurisdiction where Focus Skin has its registered office. You and Focus Skin agree to the jurisdiction and venue of such courts.
SECTION 22 — HEADINGS
The headings used in these Terms are included for convenience only and shall not affect the interpretation of these Terms.
SECTION 23 — CHANGES TO THE TERMS
You can review the most current version of the Terms at any time on this page.
We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms by posting updates on our site. It is your responsibility to check this page periodically for changes.
We will notify you of any material changes as required by applicable law, and such changes will take effect on the date specified in the notice. Your continued use of the Services after any changes are posted constitutes acceptance of those changes.
SECTION 24 — CONTACT INFORMATION
Questions about these Terms should be sent to:
contact@focuskin.fr