These Terms of Service (“Terms”) govern your access to and use of carolinewinters.com and your purchases (the “Services”), operated by Caroline Winters Beauty (“we,” “us,” “our”). Please read them carefully — they include a binding arbitration agreement and class-action waiver, warranty disclaimers, and limitations of liability. By placing an order or otherwise using the Services, you agree to these Terms and our Privacy Policy.

Eligibility and account

You must be at least the age of majority in your state of residence to purchase. You are responsible for the accuracy of the information you provide and for the security of your account.

Products and pricing

We try to display products and prices accurately, but colors and appearance may vary by device, and descriptions and prices may change without notice. We may limit or decline orders, including for suspected error, resale, or export.

Orders

Your order is an offer to buy. We accept it when we confirm it and process payment; we may decline or cancel an order and will try to notify you using the contact details you provide.

Subscriptions

If you enroll in “Subscribe & Save” or another recurring plan, the auto-renewal, billing, and cancellation terms are described in our Subscription & Auto-Renewal Policy, which is part of these Terms.

Shipping and risk of loss

Shipping terms are described in our Shipping Policy. We remain responsible for items lost or damaged in transit; risk of loss for a package passes to you once it is confirmed delivered to your address.

Returns and refunds

Returns, refunds, and our damaged or defective product remedy are described in our Returns & Refund Policy.

Intellectual property

The Services and their content (text, images, video, graphics, logos, and trademarks) are owned by us or our licensors and protected by law. We grant you a limited, personal, non-commercial license to use the Site. You may not copy, reproduce, distribute, or create derivative works without our prior written permission.

Your content and license

If you submit content (such as reviews, photos, or messages), you grant us a non-exclusive, worldwide, royalty-free, sublicensable license to use, reproduce, display, and adapt it in connection with the Services and our marketing, including through our advertising partners, until you delete it. If your content shows a person, you confirm you have their permission. You represent that you have the rights to the content you submit. We do not condition any benefit on, or restrict, your posting of honest reviews.

Copyright (DMCA)

If you believe content on the Site infringes your copyright, contact our designated agent at [email protected] with the information required by 17 U.S.C. 512(c)(3)(A). If your content was removed, you may submit a counter-notification under 17 U.S.C. 512(g). We terminate repeat infringers in appropriate circumstances. (To claim the DMCA safe harbor you must register this agent with the U.S. Copyright Office and renew every three years.)

Prohibited uses

You agree not to use the Services unlawfully, to infringe others’ rights, to introduce malware, to scrape or harvest data, or to interfere with the Site’s operation or security.

Third-party links

The Services may link to third-party sites we do not control. We are not responsible for their content or practices; review their terms and policies before using them.

Disclaimer of warranties

Except as required by law and except for any express written warranty we provide, the Services and products are provided “as is” and “as available,” and we disclaim all implied warranties, including merchantability and fitness for a particular purpose, to the fullest extent permitted by law. Nothing in these Terms limits non-waivable consumer rights or our liability for personal injury caused by a defective product.

Limitation of liability

To the fullest extent permitted by law, we will not be liable for indirect, incidental, special, consequential, or punitive damages, and our total liability for any claim relating to the Services or a product will not exceed the amount you paid for the product at issue. This section does not apply to liability for death or personal injury caused by our negligence, to fraud, gross negligence, or willful misconduct, or to any liability that cannot be limited or excluded by law.

Indemnification

You agree to indemnify and hold us harmless from third-party claims, and reasonable attorneys fees, arising out of your misuse of the Services or your breach of these Terms, except to the extent caused by us.

Dispute resolution; binding arbitration; class-action waiver

Please read this section carefully — it affects your legal rights.

• Informal resolution first. Before starting arbitration, contact us at [email protected] so we can try to resolve the issue; this informal period does not shorten any applicable limitations period.

• Binding arbitration. Except for small-claims matters and as stated below, any dispute relating to these Terms or the Services will be resolved by final and binding individual arbitration administered by the American Arbitration Association (AAA) under its consumer arbitration rules, seated in Delaware, rather than in court.

• Class-action waiver. Disputes will be brought only in your individual capacity, and not as a plaintiff or member in any class or representative proceeding.

• Arbitration fees. We pay the arbitration filing and administration fees required of businesses by the administrator's consumer arbitration rules.

• Waiver of court and jury trial. Except for small-claims matters, you and we waive the right to sue in court and the right to a jury trial.

• Delegation. The arbitrator decides issues about the scope, enforceability, and interpretation of this arbitration agreement.

• Your right to opt out. You may opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing [email protected] with your name and a statement that you opt out. Opting out does not affect the rest of these Terms.

• Exceptions. Either party may bring a qualifying claim in small-claims court, and either party may seek injunctive relief to protect intellectual property.

Governing law

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws rules, and the Federal Arbitration Act governs the arbitration agreement.

Changes to these Terms

We may update these Terms; we will post the updated version with a new effective date. Continued use after changes means you accept them.

General

If any provision is unenforceable, the rest remains in effect (severability). These Terms, with the policies referenced in them, are the entire agreement between us. We may assign these Terms; you may not. Our failure to enforce a provision is not a waiver. We are not liable for delays or failures caused by events beyond our reasonable control.

Contact

Caroline Winters Beauty, Caroline Winters Beauty, c/o Salesflex, 4250 Concorde Road, Suite 2, Memphis, TN 38118, USA, [email protected].