Terms of Service.

READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS WEBSITE

This website (“Site”) is owned and operated by XVI Creations, LLC operating under the laws of Rhode Island, USA. In these Terms or Service (“Terms”), “we”, “us” and “our” refer to XVI Creations, LLC and the terms “you” or “your” refer to any user of our Site.

It is your responsibility to carefully read these Terms prior to using our Site or purchasing or accessing any of our products or services (collectively, “Services”).

We reserve the right to update and change these Terms at any time and it is your responsibility to review these Terms periodically. You can review the most current version of our Terms at any time by visiting this webpage. Your continued use of or access to the Site and/or Services affirms your acceptance of any changes to our Terms.

Acknowledgement and Consent

By accessing and continuing to use our Site and/or Services, you agree to these Terms and our Privacy Policy, you are legally bound to these Terms and our Privacy Policy whether or not you have read them.  If you do not agree with any of our Terms, please discontinue use of our Site and Services immediately.

Age Requirement

You warrant to us that you are at least 18 years old or the minimum legal age in your jurisdiction and/or country of residence to use our Site and/or Services. Using our Site and Services if you are under 18 years old or the minimum age in your province and/or country is prohibited. We reserve the right to terminate your access if it is discovered you are a minor.

Prohibited Activities

By using our Site, you agree not to misuse or tamper with our Site or Services, including but not limited to hacking, introducing viruses, trojans, worms or other technologically harmful material that would harm the functionality of, or jeopardize the security of our Site or Using the Website in a manner inconsistent with any and all applicable laws, regulations, and these Terms of Use. We will immediately report any such breach or what we deem in our discretion to be harmful activities to the relevant law enforcement authorities. You agree to indemnify, defend and hold us harmless from any and all third-party claims, liability, damages and/or costs arising from your use and misuse of our Site and/or your breach of these Terms.

Updates and Changes to Site

While we aim to keep this Site as up-to-date as possible, we cannot guarantee that all content on our Site is entirely accurate, complete, or up to date. We reserve the right at any time to modify or discontinue, in whole or in part, any Services offered, or prices for Services on our Site, without notice, at any time. We are not liable to you or any third-party for any modification, price change, suspension or discontinuation of any Services.

Payments and Refunds

We accept payments methods from the following providers:

  • Visa

  • Mastercard

  • AMEX

  • Discover

  • Apple Pay

Every effort will be made to ship your order within 2 business days after your order is accepted and in any event within 30 days of your order.

Due to the nature of our products we do not provide returns or refunds unless otherwise decided by our sole discretion on unused products and determined on a case-by-case basis. For more information, please see our shipping and refund policy.

Intellectual Property Rights

All images, text, designs, graphics, page layouts, icons, videos, logos and trademarks (collectively, “Intellectual Property”), are owned by or licensed to our Company or our affiliates, and are subject to copyright, trademark, patent, and other intellectual property rights under United States law. All content on the Site is proprietary to us.

You may not use our Intellectual Property for commercial or personal use without obtaining our permission. In no event do you obtain any rights or ownership in our Intellectual Property or may you claim that it is your own content or creation. If you have any questions relating to how you may use our Intellectual Property please inquire by sending an email to info@shopxvi.com

We reserve the right to take legal action to protect and defend our Intellectual Property, and violators will be prosecuted to the fullest extent permissible by law. You agree to indemnify, defend and hold us harmless for any and all damages, costs and expenses, including legal fees, arising from your use of our Intellectual Property and our enforcement of our rights.

Use of Third-Party Applications

In order to run our Site and provide our Services, we use a number of third-party applications for processing payment, delivering electronic newsletters, and translation. For more information as to how your personal information is collected, stored and processed, please refer to our Privacy Policy. You understand that it is your responsibility to review the terms of use for any such third-party applications. If you do not agree with the terms of use for any third-party application used by our Site, please discontinue use of our Site and Services immediately.

Warranties Disclaimer

You agree that all Services and related materials are provided “as is” and without warranty of any kind.

General Disclaimer

To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect, or consequential loss or damage incurred to you or others in connection with the use of our Site or the Services, including without limitation any liability for any accidents, delays, injuries, harm, damage, death, lost profits, personal or business interruptions, misapplication of information, physical, mental or emotional harm, and for any other loss or damage of any kind whether foreseeable or unforeseeable.

Third Party Disclaimer

You acknowledge and agree that we are not liable for any defamatory, offensive, or illegal conduct of any other participant or user.

Technology Disclaimer

We make reasonable efforts to provide you with modern, reliable technology, software, and platforms from which to access our Site and Services. In the event of a technological failure, you accept and acknowledge that we are not in any way responsible or liable for said failure and any resulting damages. While we will make reasonable efforts to support you, some technological issues are outside our control and you may need to access support from a third-party provider. We do not warrant that the Site or Services will be functional, uninterrupted, correct, complete, appropriate, or error-free, that defects will be corrected, or that any part of the Site or Services are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of our Site, Services or related materials, or on third-party websites in terms of their correctness, accuracy, timeliness, reliability, or otherwise.

Not Professional Advice

All Products should be used strictly in accordance with their instructions, precautions and guidelines. Always check the ingredients for Products to avoid potential allergic reactions. Use of the Website is not meant to serve as a substitute for professional medical advice. Please consult with your own physician or health care practitioner regarding the use of any Products or information received from the Website before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. Company does not give or intend to give any answers to medical-related questions. Company does not represent itself as a physician nor is this implied. We are not medical, legal, financial, or other government regulated professionals. Your use of our Site does not mean we are providing our professional services to you.  You expressly acknowledge and agree that we are not acting in any professional capacity.

Online Store Disclaimer

Certain Services may be available exclusively online through the Site and in limited quantities. We have made every effort to display as accurately as possible the colours and images of our products that appear on the Site. We cannot guarantee that your computer monitor's display of any colour will be accurate. We reserve the right, but are not obligated, to limit the sale of Services to any person, geographic region or jurisdiction. All descriptions of Services and pricing of Services are subject to change at any time without notice and we reserve the right to discontinue any product at any time.

We do not warrant that the quality of any Services will meet your expectations, or that any errors in the Service will be corrected.

Release, Indemnity and Waiver

Our Site and related materials are provided for educational and informational use only. You agree to indemnify release and save harmless XVI Creations, LLC and its agents, employees, contractors, heirs, executors, administrators, and assigns (collectively, “Released Parties”) for any direct or indirect loss or damage incurred as a result of your use of our Site, Services or any related communications, including as a result of any consequences incurred from technological failures such as a payment processor errors or technological malfunctions. You further waive any right you may have against the Released Parties and any legal recourse for any damages, costs, losses or expenses you may incur as a result of your use of the Site or Services. You acknowledge this release of liability is binding on your heirs, executors and anyone else who may be able to bring a legal action on your behalf in the future.

Limitation of Liability

We will not be held responsible or liable in any way for the information, products, or materials that you request or receive through or in relation to our Site or the Services. We do not assume liability for any third-party conduct, accidents, delays, harm, or other detrimental or negative outcomes as a result of your access of our Site and Services.

Termination of Your Use

If at any time we believe that you have violated these Terms, we shall immediately terminate your use of our Site, the Services and any related communications as we deem appropriate and in our sole discretion. At any time, we may block or revoke your access of our Site and Services without notice, and if necessary, block your IP address from further visits to our Site.

Full Agreement

You acknowledge that these Terms, together with our Privacy Policy constitute the full agreement relating to your use of the Site and Services.

We reserve the right to exercise or enforce our rights at a later date.

Contact

If you have any questions about our terms, please contact us at info@shopxvi.com.