Terms of Service
Terms of Service
Effective Date: September 25, 2024
Welcome to www.wonderfillrefillery.com and our related websites that link to these Terms (collectively, the “Website”), owned and operated by Wonderfill Refillery (“Wonderfill Refillery,” “we,” “us,” or “our”). Except as otherwise noted herein, these terms and conditions (the “Terms”) govern your use of the Website and Wonderfill Refillery’s services, applications, and content (collectively, the “Site”) and your purchase, receipt, or use of our products made available through the Site (collectively, the “Product(s)”).
PLEASE READ THESE TERMS CAREFULLY BECAUSE YOUR USE OF THE SITE OR PURCHASE OF PRODUCTS CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SITE, OR PURCHASE, RECEIVE OR USE OUR PRODUCTS.
THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
Wonderfill Refillery reserves the right to change or modify these Terms at any time and in our sole discretion. If we make material changes to these Terms, we will provide notice of such changes, such as by sending you an email notification or providing notice through the Site. By continuing to access or use the Site in any way after such notice has been provided, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Site or order, receive, or use the Products. If you do not agree to the revised Terms, you are free to reject them, but in that case, you may not access or use the Site or order, receive, or use the Products.
Account Creation; Eligibility
You may use the Site only if you can form a binding contract with Wonderfill Refillery, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations. In order to purchase from the Site, you must complete the registration process to obtain a user account. You will be required to provide your name and email address. You must provide complete and accurate information about yourself during the registration process, and you have an ongoing obligation to update this information if and when it changes. We will handle your information consistent with our Privacy Policy, which is incorporated into these Terms by reference. When you create an account, you will be required to create a user ID and password. You agree that you will never share your user ID and password with anyone else for any reason. You agree that only you will use your account. You agree to contact Wonderfill Refillery immediately in the event you become aware of unauthorized access to your account. You agree that you are solely responsible for all activity that takes place in connection with your account and you agree to indemnify and hold harmless Wonderfill Refillery from any damages that arise out of or in relation to the use of your account. You agree that you will not create more than one account. By registering and obtaining an account, you affirm that you will follow the Terms and your registration constitutes your consent to enter into agreements with us electronically. Paying for the connectivity and data plans of your computer devices is your responsibility. Wonderfill Refillery has no responsibility for the availability of the Internet and other telecommunication services necessary to access the Site.
Terms of Sale
Orders, Pricing, and Payments. Wonderfill Refillery strives to communicate accurate pricing and product information but will not be held responsible for any pricing, typographical, or other errors. The displayed colors of the Products depend upon the monitor of the user, and Wonderfill Refillery cannot guarantee that the user’s monitor will accurately portray the actual colors of the Products. Products displayed may be out of stock or discontinued, and prices are subject to change. Your order is subject to cancellation by Wonderfill Refillery, in Wonderfill Refillery’s sole discretion. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. Unless otherwise agreed to by Wonderfill Refillery, payment must be received by Wonderfill Refillery prior to Wonderfill Refillery’s acceptance of an order. Wonderfill Refillery may process payment for and ship parts of an order separately. Purchases may not be resold or exported. Your purchase is for your own use, not for resale or export. Your purchase may not be sold, leased, or transferred to restricted countries, restricted end-users, or for restricted end uses according to U.S. export and sanctions laws.
Shipping. You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. Please refer to our FAQ page for more information regarding shipping.
Taxes. We will collect applicable sales tax on Products shipped to the states for which we determine we have a duty to collect sales tax. If an item is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in tax rates. Unless you provide Wonderfill Refillery with a valid and correct tax exemption certificate applicable to your purchase of Product and the Product ship-to location, you are responsible for sales and other taxes associated with the order.
Returns & Exchanges. Please refer to our FAQ page for more information regarding returns and exchanges.
Product Disclaimer. All Products should be used strictly in accordance with their instructions, precautions, and guidelines. You should always check the ingredients for Products to avoid potential allergic reactions. Use of the Site is not meant to serve as a substitute for professional medical advice: the Site is solely an online store for specialty beauty products. Please consult with your own physician or healthcare practitioner regarding the use of any Products or information received from the Site before using or relying on them. Your physician or healthcare practitioner should address all medical questions, concerns, and decisions regarding the possible treatment of any medical condition. Wonderfill Refillery does not give or intend to give any answers to medical-related questions. Wonderfill Refillery does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Website. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY. The Products available on the Site, including any samples Wonderfill Refillery may provide to you, are for your personal use only. You may not sell or resell any Products you purchase or otherwise receive from Wonderfill Refillery. Wonderfill Refillery reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or Products to be provided to you that may result in a violation of this Agreement, as determined by Wonderfill Refillery in its sole discretion. Except where prohibited by law, Wonderfill Refillery may limit the number of Products available for purchase.
Security Rules
Violations of system or network security may result in civil or criminal liability. Wonderfill Refillery investigates violations and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:
(i) accessing data not intended for you or logging on to a Wonderfill Refillery server or account that you are not authorized to access;
(ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt);
(iii) attempting to interfere or interfering with the operation of our Site, our provision of services to any other visitors to our Site and our hosting provider or our network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “email bombing” or “crashing” the Site; and
(iv) forging any TCP/IP packet header or any part of the header information in any email or transmission or posting to our Site.
Prohibited Uses; Access
The Site may be used only for lawful purposes and is available only for your personal, noncommercial use, which shall be limited to viewing the Site, purchasing products, providing information to the Site, and downloading product information for your personal review. You are responsible for your own communications, including the transmission, posting, and uploading of information, and are responsible for the consequences of such communications to the Site. Wonderfill Refillery specifically prohibits any use of the Site, and requires all users to agree not to use the Site, for any of the following:
(i) posting any information that is incomplete, false, inaccurate, or not your own;
(ii) engaging in conduct that would constitute a criminal offense, giving rise to civil liability, or otherwise violate any city, state, national or international law or regulation, or that would fail to comply with accepted Internet protocol;
(iii) communicating, transmitting, or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the irrevocable permission of the owner to post it;
(iv) communicating, transmitting, or posting material that (a) reveals trade secrets, unless you own them or have the irrevocable permission of the owner, (b) infringes on any other intellectual property, privacy or publicity right of another, or (c) is in violation of applicable laws or regulations;
(v) communicating, transmitting, or transferring (by any means) information or software derived from the Site to foreign countries or certain foreign nations in violation of any applicable export control laws; or
(vi) attempting to interfere in any way with the Site’s or Wonderfill Refillery’s networks or network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system.
No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except as specifically permitted on the Site. The Site, including all of its information and content, such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, software, and the HTML used to generate the pages (collectively, “Materials and Content”), is Wonderfill Refillery’s property or that of our suppliers or licensors and is protected by patent, trademark, and/or copyright under United States and/or foreign laws. Except as otherwise provided on the Site or in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit or distribute any Materials and Content from this Site in whole or in part, for any public or commercial purpose without the specific prior written permission of Wonderfill Refillery. We grant you a personal, limited, nonexclusive, nontransferable license to access the Site and to use the information and services contained therein solely for your personal, noncommercial use as described below. We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products and services described on the Site and to terminate, change, suspend, or discontinue any aspect of the Site, including, but not limited to, the Materials and Content on the Site as well as features and/or hours of availability of the Site, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.
Proprietary Rights
As between you and Wonderfill Refillery, Wonderfill Refillery is the owner and/or authorized user of any registered or unregistered trademark, trade name, and/or service mark appearing on the Site, and is the copyright owner or licensee of the Materials and Content on the Site, unless otherwise indicated. The Wonderfill Refillery logos, designs, titles, phrases, and product names and the copyrights, trademarks, service marks, trade dress, and/or other intellectual property in such materials (collectively, the “Intellectual Property”) are owned by Wonderfill Refillery and may be registered in the United States and internationally. You agree not to display or use the Intellectual Property in any manner without Wonderfill Refillery’s prior written permission. Nothing on the Site should be construed to grant any license or right to use any of the Intellectual Property without the prior written consent of Wonderfill Refillery. Except as otherwise provided herein, use of the Site does not grant you a license to any Materials and Content or features you may access on the Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Materials and Content, features or materials, in whole or in part. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Materials and Content or screens for any purpose except as otherwise provided by Wonderfill Refillery. If you make use of the Site, other than as provided herein, in doing so you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. The information on the Site, including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements of such, is protected by law, including, but not limited to, copyright law.
User Content; Social Media Agreement
We do not claim ownership of user-generated content and material. Any and all photographs, articles, images, graphics, videos, sounds, music, audio recordings, text, files, profiles, communications, comments, feedback, suggestions, ideas, concepts, questions, data or other content that you: (i) submit or post on the Site, on any of our blogs, social media accounts, or through tools or applications we provide for posting or sharing such content with us; or (ii) have posted or uploaded to your social media accounts, including but not limited to Instagram, Twitter, Facebook, TikTok, and Pinterest, that are tagged with #WonderfillRefillery or any other Wonderfill Refillery promoted hashtag (collectively “User Content”) shall be deemed non-confidential and non-proprietary. By submitting or posting any User Content, you grant to Wonderfill Refillery a perpetual, irrevocable, royalty-free, worldwide, sublicensable, and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, sell, display, transmit, publish, broadcast, host, archive, store, cache, use or otherwise exploit all or any portion of the User Content, as well as your name, persona, and likeness (and the likeness of any other person appearing therein, including, without limitation, any minor child) included in any User Content and your social media account handle, username, real name, profile picture and/or any other information associated with the User Content, in any commercial or noncommercial manner whatsoever, in whole or in part, in any and all distribution channels, forms, media or technology, whether now known or hereafter developed, including, but not limited to, in stores, printed marketing materials, emails, web pages, social media accounts, and for any other marketing, advertising, public relations, sales, or promotional purposes with or without attribution and without further notice to you. Neither you, nor any other person or entity, will have the right to:
(a) receive any royalty or consideration of any kind for the use of the User Content pursuant to these Terms; or
(b) inspect or approve the editorial copy or other material that may be used in connection with the User Content. Wonderfill Refillery will be free to use any ideas, concepts, know-how, or techniques contained in such User Content for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products that incorporate or otherwise rely upon such information. Wonderfill Refillery shall have no obligation to monitor User Content, use or display User Content, compensate you for submitting User Content, or respond to any User Content. Wonderfill Refillery retains the right, in its sole discretion and without prior notice, to remove, revise, or refuse to post any User Content.