These Terms of Online Sales and Service (“TOSS”) constitute the agreement between C.O. Makeup dba Source Organics (“Source Organics”) and the party set forth in the related registration order form (“You” or “Your”) regarding Your use of Source Organics’ website located at www.sourceorganics.com (the “Site”) and Source Organics’ related products or services.
PLEASE READ THESE ENTIRE TOSS CAREFULLY BEFORE USING, AND DURING USE OF, ANY PART OF THE SITE. THESE TOSS CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU.
BY USING THIS SITE, OR BY PLACING AN ORDER FOR PRODUCTS, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THESE TOSS, AND YOU ACCEPT AND ARE BOUND BY THESE TOSS. IF YOU ARE AGREEING TO THESE TOSS ON BEHALF OF ANOTHER PERSON OR ENTITY, THEN YOU REPRESENT AND WARRANT TO SOURCE ORGANICS THAT YOU HAVE THE AUTHORITY TO BIND THAT PERSON OR ENTITY TO THESE TOSS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM SOURCE ORGANICS IF YOU (A) DO NOT AGREE TO THESE TOSS, (B) ARE NOT THE OLDER OF AT LEAST 18 YEARS OF AGE OR LEGAL AGE TO FORM A BINDING CONTRACT WITH US, OR (C) ARE PROHIBITED BY APPLICABLE LAW FROM ACCESSING OR USING THE SITE OR ANY OF THE SITE’S CONTENT.
IF YOU DO NOT AGREE TO BE BOUND BY ANY PART OF THESE TOSS, YOU MUST NOT USE THE SITE OR ORDER ANY PRODUCTS AND YOU MUST CEASE ANY USE OF THE SERVICES IMMEDIATELY.
- YOUR AGE AND ELIGIBILITY TO ORDER PRODUCTS AND USE THE SITE
- The Site is not intended for children under the age of 13 and no person under the age of 13 may use the Site or order products.
- YOU MAY NOT order products OR USE THE WEBSITE if You are UNDER the age of majority in the jurisDiction in which You reside.
LIMITED USE RIGHTS; RESERVATION OF RIGHTS
Limited Use Rights and Conditions
- Source Organics grants to You, for Your personal use (or, with respect to an entity, its internal business use) only, a limited revocable, non-exclusive, non-transferable, non-sublicenseable, personal, non-commercial, right to use the Site and Content as made available by Source Organics, subject to the terms and conditions of these TOSS,.
- You agree to comply with any other rules, procedures, policies, terms or conditions that govern all or any portion of the Site and any Content, as well as any products made available by Source Organics.
- Content: means any product descriptions, video, graphics, pictures, music, text, logos, marks, designs, information, data, software, hyperlinks, embedded links, URLs, and other types of content.
- Source Organics’ Content means any Content available on the Site or used to create and operate the Site, as well as the selection and arrangement of such Content.
AVAILABILITY OF PRODUCTS
- Products listed on the Site may not be available at the time You make Your order. Your order is subject to availability of products.
- ACCEPTANCE OF ORDERS
- Except in Quebec, the descriptions of products on our Site are invitations for You to make an offer to purchase. Your order will only be accepted once the goods are ready to be shipped and payment has been processed. Source Organics reserves the right to accept or reject the order once You have completed and placed Your order. Source Organics also reserve the right to cancel an order for any reason, even if payment has already been made. If payment has already been made, Source Organics will refund the payment to the credit card You provided for payment.
ERRORS RE: PRODUCT DESCRIPTIONS & PRICE
- Should Source Organics discover a product’s price, specification or description has been misstated, Source Organics reserves the right to correct, refuse or cancel any order regardless of whether the order has been confirmed and credit card charged. You will be contacted and have the right to confirm any increase in price or shipping charges. If your credit card has already been charged for the purchase amount, Source Organics will issue a credit to your account in the amount of the incorrect price.
- During the check-out process You will be provided with a list of the products You are purchasing, their price, list of all additional charges (such as shipping and handling), taxes, and any applicable discounts. You will be asked to confirm Your order at the end of the check-out process. By clicking “confirm”, You agree to pay Source Organics the amount set out in box labelled “Order Total”. The Order Total is set out in Canadian dollars. The Order Total will be charged to the credit card You entered when the product is shipped. You may pay using Visa, PayPal or MasterCard credit cards. If Your payment is declined or reversed for any reason, Your order will be cancelled and Your order will not be shipped.
- All payments are processed by Shopify, Our payment processor. Such processing is governed solely by Shopify’s terms of service and not these TOSS. Source Organics have no liability arising from your use of such payment processor, or for any arrears by the payment processor.
- Estimated Shipping Rates are set-out below. Shipping & Returns
- The cost of shipping will be provided at the time of check-out and included in the Order Total. Packages shipped to Canadian addresses do not require a signature upon delivery.
- Source Organics is not responsible for the loss of any products once the order has been shipped to the delivery address You provided.
CANADA (NON-REMOTE LOCATIONS)
- Free economy shipping within Canada on all orders of $85.00 CAD or more (before taxes) excluding remote and difficult to serve locations.
- Any order below $85.00 CAD will have a flat rate fee of $10.25
- Orders require 2-7 business days for processing and delivery
- Express shipping available in Canada will have a flat rate of $14.99
- Express orders require 1-3 days for processing and delivery.
CANADA (REMOTE LOCATIONS)
- Please be advised Source Organics is unable to service areas in Canada including Yukon, Northwest Territories, Nunavut and the following postal codes:
- Free economy shipping on all US orders of $150.00 CAD or more.
- There are no CAD minimum requirements and all order under $149.99 are subject to a $19.99 flat rate Shipping fee
- Orders require 10-14 business days for processing and delivery
- Border custom fees are the purchasers responsibility
- No shipments available to Alaska & Hawaii
- Free economy ground shipping on all International orders $250.00 CAD or more
- Requirements for International orders are $100.00 CAD minimum and are subject to a 39.99 flat rate shipping fee
- Orders require 2-5 weeks for processing and delivery
- Border custom fees are the purchasers responsibility.
RETURNS AND WARRANTY CLAIMS
- Source Organics ONLY accepts returns for Canadian orders and deliveries.
- You may return products (other than travel size, travel kit and sample products) in unused and original condition for a on-line store credit with Source Organics, less applicable discounts, within 30 days of the date of purchase. Returned products must be unopened in their original packaging. In all other cases, all sales are final. To initiate the return, please contact Source Organics at firstname.lastname@example.org within such 30 day period and clearly note Your invoice number in the email.
- You are responsible for the return shipping cost.
- Source Organics will ONLY pay for return shipping if the products were shipped incorrectly and or arrived damaged. With an incorrect and or damaged shipment, Source Organics must be contacted within 48 hours of delivery. You will be issued a full refund to the credit card or purchase account used once the wrong and or damaged items have returned.
- Once Your return is received by Source Organics, Your refund will be processed in the form of an on-line store credit will be applied within 3-5 business days. However, if You paid for the returned product with a gift card, a new gift card in the amount of such credit will be sent to you in 3-5 business days.
- If You submit testimonials, ideas, suggestions, commentary or feedback to Source Organics regarding the Site, any products, or any Content (collectively, "Feedback"), then You agree that Source Organics may use the Feedback freely and for any purpose. Feedback, even if designated as confidential by You, will not create any confidentiality obligation for Source Organics. You waive any and all moral rights You may have in any of Your Feedback.
- You represent and warrant that: (i) You either are the sole and exclusive owner of all of Your Feedback or You have all rights, licenses, consents and releases necessary to use Feedback in connection with the Site and to grant Source Organics the license to use the Feedback freely; and (ii) Your Feedback, or Source Organics’s use of the Feedback, will not infringe any third party’s intellectual property or other proprietary rights, or result in the violation of any applicable law, rule or regulation.
- Source Organics may review, monitor, or remove any Feedback at Source Organics’ sole discretion and at any time and for any reason, without notice to You.
- Source Organics does not endorse any Feedback.
- ACCEPTABLE USE AND RESTRICTIONS
- You agree to abide by and not violate the Acceptable Use Policy, which can be found at Appendix A below.
- INTELLECTUAL PROPERTY OWNERSHIP
- Except for the rights explicitly granted to You, as between Source Organics and You, Source Organics reserves all right, title and interest (including all intellectual property rights) in and to the Site and Source Organics Content.
- All trademarks and other indicia of origin appearing on or in the Site and Source Organics Content are the property of Source Organics or Source Organics’ providers, suppliers or licensors, or the trademark’s property owners, unless otherwise indicated. You may not use any trademark or other indicia of origin appearing on on or in the Site or any Source Organics Content.
- Source Organics, or owners of any other intellectual property rights, may enforce its or their intellectual property rights to the fullest extent permitted by law, including against You personally.
- THIRD PARTY WEBSITES AND SERVICES
- Source Organics is not responsible for information on any third party website or service that is referred in, or accessible or connected by hyperlink to, the Site or any Content therein. If You access any third party website or service through the Site any Content therein, then You do so at Your own risk. Hyperlinks do not constitute third party endorsement of, sponsorship or endorsement by, or affiliation with, Source Organics.
- Source Organics may amend these TOSS with immediate effect at any time and without notice. Your use of the Site following any such amendment (including those implemented as part of the release of an Update) will constitute Your agreement to the terms and conditions of these TOSS in effect at the time of such use.
- The terms that govern Your order will be the terms posted to Source Organics’ Site on the day and time that you place Your order. Each time You place an order You should review and print these TOSS.
- TERMINATION; SUSPENSION; AFTER TERMINATION
- Source Organics reserves the right to reject, suspend or terminate Your use of all or any portion of the Site or any Content at any time and for any reason, in Source Organics’ sole discretion.
- The terms and conditions in these TOSS will continue to apply to Your past use of the Site and Content, in the form in which it or they then-existed at the time of the subject use. Furthermore, termination, rejection and/or suspension shall not relieve You of any obligations arising or accruing prior to such termination, rejection or suspension, or otherwise limit any liability that You otherwise may have to Source Organics.
- Upon termination of these TOSS, any provision hereof that by its nature is intended to survive the termination of these TOSS will survive such termination.
- GENERAL DISCLAIMERS; USE IS AT YOUR SOLE RISK
- The only express warranties or conditions are provided are those warranties that are described in the description of the products on this site, if any.
- Some jurisdictions, such as Québec, do not allow source organics to limit implied warranties and conditions. If these laws apply to you, some or all of the following disclaimers may not apply to you.
- USE OF THE SERVICES, CONTENT, OR PRODUCTS IS SOLELY AT YOUR OWN
- To the fullest extent permitted by applicable laws, (I) THE PRODUCTS, SERVICES AND CONTENT PROVIDED AND MADE AVAILABLE "AS IS" WITH NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, AND (II) SOURCE ORGANICS HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS IN RESPECT OF THE PRODUCTS, SERVICES AND CONTENT, WHETHER STATUTORY, COLLATERAL, IMPLIED, EXPRESS OR ARISING THROUGH A COURSE OF DEALING OR TRADE, INCLUDING ANY WARRANTY OR CONDITION OF QUALITY, FITNESS FOR PARTICULAR PURPOSE, MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT, DURABILITY, CURRENCY, ACCESSIBILITY, RELIABILITY, AVAILABILITY, SECURITY, UNINTERRUPTED USE, OR THAT THE SERVICES, PRODUCTS OR ANY CONTENT ARE OR WILL BE ERROR-FREE OR VIRUS-FREE.
- NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SOURCE ORGANICS WILL CREATE ANY REPRESENTATION, WARRANTY OR CONDITION.
- EXCLUSIONS OF LIABILITY
- Certain jurisdictions, such as Québec, do not allow the exclusions of damages. If these laws apply to you, some of the following exclusions of liability may not apply to you.
- SOURCE ORGANICS AND ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS, WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES (INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER TYPES OF DAMAGES) OR LOSSES (INCLUDING LOSS OF SAVINGS, LOSS OF PROFITS, REVENUES, DATA, CONTENT, BUSINESS OR GOODWILL) WHATSOEVER ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT (INCLUDING THE SERVICES AND ANY CONTENT THEREON OR THEREIN.
- THIS SECTION “EXCLUSIONS OF LIABILITY” WILL APPLY TO ALL CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND INJURY), FUNDAMENTAL BREACH, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF SOURCE ORGANICS OR YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF THE DAMAGES, OR IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE, AND WILL APPLY WHETHER OR NOT ANY DAMAGES COULD HAVE BEEN FORESEEN OR PREVENTED.
- You agree to indemnify, defend and hold harmless Source Organics and its affiliates, and their directors, officers, employees, agents, and third party sources from and against any and all suits, losses, claims, demands, liabilities, damages, costs and expenses (including reasonable legal fees) that arise from or relate to Your (or any person on your behalf’s):
- use of the Site or Source Organics Content, or use or provision of Feedback;
- breach of these TOSS or any representation, warranty or covenant made by You in these TOSS; or
- violation or misappropriation of any applicable law, statute, ordinance, or regulation, or of any third party's rights.
- Source Organics has the right but not the obligation to participate in any defense or settlement. If Source Organics chooses to participate, each party must pay for its own lawyers' fees. This obligation survives the termination of these TOSS.
- APPLICABLE LAW
All matters relating to these TOSS will be governed by the statutes and laws of the Province of Ontario or the federal laws of Canada, as applicable, without regard to the conflicts of laws principles thereof. You and Source Organics also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts of the Province of Ontario or the federal courts of Canada, as applicable, located within the City of Toronto, with respect to any and all matters arising in connection with these TOSS.
- INVALIDITY; ENTIRE AGREEMENT; WAIVER
If any provision of these TOSS are found invalid or unenforceable, that provision shall be enforced to the maximum extent possible and the remaining provisions of these TOSS shall remain in full force and effect. These TOSS constitute the entire understanding, and supersedes all other understandings, between You and Source Organics concerning the subject matter hereof. No waiver of a right of a party under these TOSS will be effective unless it is in writing and signed by the party waiving its right. A waiver of a right by a party (or failure by a party to enforce a provision of these TOSS) will be effective only in the specific instance and for the specific purpose for which it is provided. No waiver will be deemed a waiver of any prior or subsequent default hereunder.
Source Organics may assign these TOSS in whole or in part at any time without Your consent. You may not assign these TOSS or assign, transfer or delegate any of Your rights or obligations under these TOSS (including Your Account). Any purported assignment, transfer or delegation in violation of this provision is void from the outset.
- FORCE MAJEURE
Source Organics will not be liable under these TOSS because of a failure or delay in performing Source Organics’ obligations hereunder on account of any cause beyond Source Organics’ reasonable control, such as, strikes, riots, insurrection, terrorism, fires, natural disasters, acts of God, war, governmental action.
Headings are inserted for convenience of reference only and will not affect the construction or interpretation of the Agreement. Where the word “including” or “includes” is used herein, it means “including without limitation” or “includes without limitation”, respectively. The language used in these TOSS are the language chosen by the parties to express their mutual intent, and no rule of strict construction will be applied against any party.
- LANGUAGE OF THIS AGREEMENT
It is the express wish of the parties that these TOSS and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.
APPENDIX A – ACCEPTABLE USE POLICY
- NONE OF Your Feedback WILL:
- infringe any third party’s rights;
contain any of the following:
- content that infringes on or misappropriates any other intellectual property rights, or violates the privacy or publicity rights of others; or
- anything that is illegal, discriminatory, sexually explicit, obscene, libelous, defamatory, threatening, harassing, embarrassing, abusive, violent, hateful or otherwise offensive; or
be used by You to:
- impersonate another person, living or dead;
- post false, inaccurate or misleading information, opinions or notices (commercial or otherwise) or chain letters; or
- post advertisements, or solicitations of business.
- YOU MAY NOT do, or attempt to do, any of the following with respect to the Site or any Content in or on the site (including source organics content):
- use the Site or any Content, for anything other than Your own personal purposes;
- use the Site or any Content for any purpose that is illegal or fraudulent or infringes on any third party rights;
- violate, remove, modify or obscure any copyright notices, trademark notices, or other proprietary notices or legends that are on or in the Site or any Content;
- exploit, use, make available, rent, lend, sell, frame, mirror, perform, display, broadcast, publish, exhibit, transmit, distribute, license, modify, delete, copy, download, create adaptations or derivative works of, any or all of the Site or any Content;
- operate a server in connection with the Site or any Content;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site;
- replicate the “look and feel” of the Site or any Content;
- access all or any part of the Site or any Content in order to build a product or service that competes the Site or any Content;
- decompose, decompile, reverse engineer, disassemble, or otherwise attempt to gain access to the source code of the Site or any Content;
- violate, or attempt to violate, the security of the Site or any Content, or another end-user’s account, in any way through any means or device (e.g. spamming, hacking, crashing, uploading viruses or time bombs);
- take any action that imposes, or may impose (in Source Organics’ discretion) an unreasonable or disproportionately large load on, or otherwise disrupts, restricts, inhibits or impedes Source Organics or the Site’s infrastructure;
- interfere or attempt to interfere with the proper working of, or any activities conducted on or in the Site or any Content;
- use any robot, spider, scraper or other automated means to access the Site or any Content, for any purpose; or
- access or ascertain, or disclose, any other end-user’s password, account, and/or personal information that they have not disclosed or intentionally chosen to disclose publicly.
Last Revised: September 2 2022