TERMS OF SERVICE

Last updated September 13, 2024

This website is operated by Someday Beauty Inc. Someday Beauty Inc may also be referred to as “Someday Sunday”, “”, “we”, “us” and/or “our”. By accessing or using our Site you signify that you have read, understand, and agree to be bound by these Terms of Service ("Terms of Service"), regardless of whether you are a registered user of the Site. Please read these Terms of Service carefully before accessing or using our website. If you do not agree to these Terms of Service, do not use this Site.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”), including those additional terms and conditions and policies referenced herein. These Terms of Service apply to all users of this site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

These Terms of Service are effective as of the date posted above and we will not be bound by any additional or different terms or other documents that are inconsistent with these Terms of Service. We may modify or update these Terms of Service at any time by posting the amended terms on the Site and such terms shall be effective for all use of the Site and Services (as defined below) once they are posted. Your continued access to the Site and/or use of the Site or the Services provided on the Site following the posting of any additional or different terms in the Terms of Service constitutes your acceptance of those additional or different terms. We may in Our sole discretion, also add, delete or change some or all of the features of the Site or Company's Services at any time.

Our store is hosted by Shopify, Inc. They provide us with an online e-commerce platform that allows us to sell our products and services to you.

KEY DISCLOSURES

Our complete Terms of Service are set out below, but some important points for you to know before you become a customer are set out here:

• We may cancel, at any time before delivery and for whatever reason, an order that we have previously accepted.
• Subject to your consumer law rights, we do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
• To the extent permitted by law, our maximum aggregate liability arising from or in connection with the Terms of Service (including the products and/or the subject matter of the Terms) will be limited to, and must not exceed, the portion of the Price paid by you to us for the products the subject of the relevant claim.
• We may amend these Terms of Service at any time by publishing updated Terms of Service on our site.

Nothing in these terms seeks to limit your rights under the applicable consumer law.

DESCRIPTION OF SERVICES

Subject to the terms and conditions specified herein, We offer Users information regarding our products and allow Users to purchase such products through the Site; the Site also allows Users the possibility to post reviews (or other user-generated content), establish an account, sign up for product waitlists, participate in a contest or promotion, submit feedback or user comments, complete optional surveys, contact customer service or otherwise interact with the Site (the “Services”). Certain of our Services require Users to provide personal information, as detailed in our Privacy Policy.

ONLINE STORE TERMS

• By placing an order you are offering to purchase a product on and subject to these Terms of Service. The product and subject of orders made by you are subject to availability and confirmation of the order price.
• 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, or that you are 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 this site.
• Discount or 'coupon' codes are only applicable as advertised on our website. Only a single discount code can be applied upon checkout. The special terms associated with our current offers, discounts, and applicable products can be found on our Site. For more details about the validity of these codes, please contact support@somedaysunday.co.
• We reserve the right to cancel and refund orders at any time for any reason.
• You must pay us the purchase price for each product you order, plus any applicable delivery costs as set out on the site.
• Risk and title in any products ordered by you through Services pass to you on the date and time of delivery of those products to the nominated third party delivery or shipping company as selected by us from time to time.
• All orders are subject to acceptance by us, and we will confirm such acceptance by sending you an email confirming the products have been shipped. You may choose the method of shipment and timing of delivery if applicable. You will be charged shipping and handling charges accordingly based on your choice. We will not be held liable for deliveries that are delayed due to events that are beyond our control. However, we will work with you to ensure a smooth delivery.
• Please note that original shipping costs are non-refundable.

GENERAL CONDITIONS

• We reserve the right to refuse service to anyone for any reason at any time.
• You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
• You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
• The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
• When using our Services, You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

MODIFICATIONS TO THE SERVICE AND PRICES

• Prices for our products are subject to change without notice. The prices do not include taxes, shipping, or handling charges (to the extent applicable). Any applicable taxes, shipping, or handling charges will be communicated to you before you place an order.
• We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
• We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.
• Strikethrough prices (where applicable) may consider any discount code mentioned on the Site.

PRODUCTS OR SERVICES

• Certain products or services may be available exclusively online through the website and these products or services may have limited quantities.
• We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
• We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
• Subject to your consumer law rights, we do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

• We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made.
• We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
• You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.
• For more detail, please review our FAQs available on the Site, which form part of these Terms of Service.

CONTENT SUBMITTED BY USERS

• By providing information through the Site, including any product reviews, photographs, comments, or other submissions (“Submission”), you certify that your Submission consists of original material to which you have all the rights; that your Submission does not violate the rights of any third party, including, without limitation, copyright, trademark, patent, privacy or any rights creating claims for idea misappropriation or the right of publicity; that your Submission does not contain any material that is abusive, vulgar, threatening, harassing, libelous, defamatory, obscene or that is known to be false; and that your Submission does not include any private or personally identifiable information regarding any third party.
• By providing your Submission, you grant the Company a non-exclusive, perpetual, irrevocable, transferable and licensable worldwide right and license to use, reproduce, modify and otherwise exploit your Submission, with or without attribution, and hereby waive all moral rights therein; without limiting the foregoing, you further acknowledge and agree that any Submission will not be returned or kept confidential; that the Company is not obligated to use or pay you for the Submission; that the we may publish the Submission in perpetuity in all markets worldwide and in any and all media now known or hereafter discovered, including the Site; that we may edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service; that the Submission may be edited for length, clarity and/or functionality; that we may display your name in conjunction with the Submission; and that your Submission may be shared with legal authorities if we believe it is warranted or appropriate, or pursuant to a legal request.

PERSONAL INFORMATION

• Our collection of personal information through the site and store is governed by our Privacy Policy, the terms of which are incorporated into these Terms of Service. Our Privacy Policy can be viewed on the site. By accessing the site and purchasing products from our store, you expressly consent to the collection of your personal information as governed by the Privacy Policy.

INTELLECTUAL PROPERTY

• The intellectual property rights in all content that appears on, or in connection with, this site, including the Someday Sunday brand and all other trademarks, trade names and logos made available to you on or through this Website remain the property of Someday Beauty Inc. or its licensors and are protected by intellectual property laws around the world. All such rights are reserved by Someday Beauty Inc. and its licensors.
• You may store, print, and display the content supplied solely for your personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content of the site or copies of the content supplied to you or which appears on this site nor may you use any such content in connection with any business or commercial enterprise.

OPTIONAL TOOLS

• We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
• 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 any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
• Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
• We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

THIRD-PARTY SITES LINKED

• The Site may contain links to other Internet sites, applications, and resources. Links found on the Site may let users leave the Site and go to sites operated by parties other than Ours, including sites for payment for Services or other functions.
• We do not endorse and are not responsible or liable in any way for any content, advertising, services, or goods on or available from such linked sites, applications, or resources. The linked sites, applications, or resources are not under the control of Us and we are not responsible for the contents of any linked site, application or resource, or any link contained in a linked site, application, or resource that is not owned and operated by us, or any changes or updates to such sites, applications or resources. Such links to sites, applications, or resources maintained by third parties do not constitute an endorsement, guaranty, or warranty by the Company, or any of our affiliates, of any third party or their content, nor the existence of a partnership, joint venture, agency, or other relationship between the Company, or any of its affiliates, and any linked third party or their content.
• We do not assume any responsibility or liability for the actions, products, content, and/or information of these and other third parties and/or their sites, applications, or resources. Third parties’ sites are not subject to our Terms of Service and Privacy Policy. You should carefully review their privacy statements and other conditions of use.

ERRORS, INACCURACIES, AND OMISSIONS

• We have made every effort to present the most recent, accurate, and reliable information on the services at all times. However, occasionally there may be information in the Services that contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. Any errors are wholly unintentional and We reserve the right to amend errors or to update Product information at any time without prior notice.
• In the event a product is listed at an incorrect price due to photographic error, typographical error, or any other error in pricing information, we reserve the right to refuse or cancel any orders placed for any Product listed at the incorrect price.
• We reserve the right to refuse or cancel any such orders whether or not the order has been confirmed and your Method of Payment charged. If your Method of Payment has already been charged for the purchase or your order is canceled, we will issue a credit to your Method of payment in the amount of the incorrect price.

PROHIBITED USES

• In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

• We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free.
• We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
• You agree that from time to time we may remove the Service for indefinite periods or cancel the Service at any time, without notice to you.
• You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available for your use.
• Despite anything to the contrary, to the maximum extent permitted by law, our maximum aggregate liability arising from or in connection with the Terms (including the products and/or the subject matter of the Terms) will be limited to, and must not exceed, the portion of the price paid by you to us for the products the subject of the relevant claim.
• Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data, whether under the statute, contract, equity, tort (including negligence), indemnity or otherwise.
• Subject to any rights you have under any consumer protection law or any other laws that cannot be excluded, Someday Beauty Inc. excludes all implied terms and warranties, whether statutory or otherwise, relating to your use of the Service or the subject matter of these Terms of Service. You may be entitled to certain rights under consumer protection law or other laws that cannot be excluded, including any statutory guarantees that are provided under competition and consumer legislation.
• Our liability to you for loss or damage of any kind arising out of your use of the Service or these Terms of Service will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.

FORCE MAJEURE

• To the extent permitted by consumer law, we shall not be responsible for any delay, suspension, or failure arising out of any circumstances outside of our reasonable control, including acts of God, governmental actions, including any government-imposed shutdown or closure, a change in applicable law, riots, vandalism, strikes, lockouts or other labor difficulties, war or national emergency, pandemic, epidemic, quarantine or other widespread or serious threat to human health (including an outbreak or recurrence), acts of terrorism, fire, explosion, flood or other natural disasters, an act or omission of a third party, inability to obtain any necessary materials, equipment, facilities or services, the failure of performance provided by others, internet interruption or virus, accidents or breakdown of plant, machinery, software, hardware or communication network, and failure or shortage of power supplies or other essential utility.

MISCELLANEOUS You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates, or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.