Terms and Conditions
This website is operated by Cosmetican ApS. Throughout the site, the terms “S4TIVA”, “we”, “us” and “our” refer to Cosmetican ApS as the owner and operator of the S4TIVA brand and online store. Cosmetican ApS offers this website, including all information, tools and services available from this site to you, the user (“you”, “the Customer”), conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our website and/or purchasing something from us, you engage in our “Service” and agree to be bound by these Terms and Conditions (“Terms”), including any additional terms and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation browsers, customers, account holders and contributors of content. If you do not agree to all the Terms, you may not access the website or use any part of the Service.
You can review the most current version of these Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
COMPANY INFORMATION
The S4TIVA brand and this website are owned and operated by:
Cosmetican ApS
Refsnaesgade 46,
2200 Copenhagen N., Denmark,
Phone: +45 22 66 98 94
Email: info@cosmetican.dk
CVR/VAT: DK 45515087
These Terms constitute a legally binding agreement between you and Cosmetican ApS.
ONLINE STORE TERMS & ELIGIBILITY
By agreeing to these Terms, you represent that you are at least 18 years of age and legally capable of entering into binding contracts under applicable law. If you are using the website on behalf of another person or entity, you represent that you have authority to accept these Terms on their behalf.
You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws applicable in Denmark or in your jurisdiction (including, but not limited to, intellectual property laws, e-commerce and consumer protection laws).
Our products are offered strictly for personal use. You agree not to purchase products from us with the intention to resell or distribute them as part of a business, unless a separate written distribution or wholesale agreement has been concluded with us. We reserve the right, with or without prior notice, to cancel or reduce the quantity of any order that we believe, in our sole discretion, may result in a violation of these Terms or appears to be placed by dealers, resellers or distributors.
Any breach or violation of these Terms may result in immediate termination or suspension of your access to the Service.
GENERAL CONDITIONS
We reserve the right to refuse service to anyone, for any reason, at any time, to the extent permitted by Danish and EU law.
You understand that your non-payment data (not including credit card information) may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks, through our payment providers.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, the use of the Service, access to the Service, or any content on the website, without our express prior written permission.
The headings and section titles used in this agreement are for convenience only and do not limit or otherwise affect the interpretation of these Terms.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We strive to ensure that information made available on this site is accurate and up to date. However, we do not warrant that the information on this site is always complete, current or error-free. The material on this site is provided for general informational purposes only and should not be relied upon as the sole basis for decision-making without consulting primary, more accurate, more complete or more timely sources of information.
Any reliance on the material on this site is at your own risk. Historical information, where present, is not necessarily current and is provided for reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information, except where required by law. You agree that it is your responsibility to monitor changes to our site.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without prior notice.
We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service, provided that your statutory rights as a consumer under Danish and EU law remain unaffected.
PRODUCTS AND SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to our Returns & Refunds Policy.
We have made every effort to display as accurately as possible the colors, textures and images of our products that appear in the online store. We cannot guarantee that your computer or mobile device 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, where allowed by law. 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 and product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service on this site is void where prohibited by law.
We do not warrant that the quality of any products, services, information or other material purchased or obtained by you will meet your personal expectations, given that cosmetic results can vary from person to person.
ORDERS, BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. At our sole discretion, we may limit or cancel quantities purchased per person, per household or per order. These restrictions may apply to orders placed by or under the same customer account, the same payment card, and/or orders that use the same billing and/or shipping address.
In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email address, billing address and/or phone number provided at the time the order was made. We are not liable for any loss or inconvenience resulting from failure to receive such notifications due to incorrect contact information.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store and to promptly update your account and other information, including your email address and payment details, so that we can complete your transactions and contact you as needed.
More details on returns and refunds are set out in our separate Returns & Refunds Policy.
OPTIONAL TOOLS AND THIRD-PARTY SERVICES
We may provide you with access to tools or services operated by third parties over which we neither monitor nor have any control or 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 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 such tools are provided by the relevant third-party providers.
In addition, certain content, products and services available via our Service may include materials from third parties or links to third-party websites. We are not responsible for examining or evaluating the content or accuracy of such websites and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products or services of third parties. Complaints, claims or questions regarding third-party products should be directed to the third party.
USER COMMENTS, REVIEWS AND SUBMISSIONS
If, at our request, you send certain submissions (for example, contest entries, testimonials, product reviews), or without a request from us you send creative ideas, suggestions, proposals, plans or other materials (collectively “comments”), you agree that we may, at any time and without restriction, edit, copy, publish, translate, distribute or otherwise use in any medium any comments that you forward to us.
We are and shall be under no obligation to maintain any comments in confidence, to pay compensation for any comments, or to respond to any comments, unless otherwise agreed in writing.
We may, but have no obligation to, monitor, edit or remove content that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, libellous, obscene or otherwise objectionable, or that violates any party’s intellectual property or these Terms.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your comments will not contain unlawful, abusive or obscene material, or any malware or code that could affect the operation of the Service or any related website.
You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
PERSONAL INFORMATION AND PRIVACY
Your submission of personal information through the store is governed by our Privacy Policy and Cookie Policy, which comply with the General Data Protection Regulation (GDPR) and applicable Danish data protection laws. By using the website or placing an order, you consent to the processing of your personal data in accordance with these policies.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times or availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time, without prior notice, including after you have submitted your order.
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including pricing information, except as required by law. No specified update or refresh date should be taken to indicate that all information has been modified or updated.
PROHIBITED USES
In addition to other prohibitions set forth in these Terms, you are prohibited from using the site or its content:
for any unlawful purpose or to solicit others to perform unlawful acts;
to violate any applicable laws or regulations;
to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate;
to submit false or misleading information;
to upload or transmit viruses or any other type of malicious code;
to collect or track the personal information of others without a lawful basis;
to spam, phish, scrape or crawl the site;
to interfere with or circumvent the security features of the Service or any related website.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
INTELLECTUAL PROPERTY
All trademarks, logos, service marks, product names, designs, images, packaging and “look and feel” displayed on the Website belong to Cosmetican ApS or are used with permission. The Website and all its content are protected by Danish and international copyright and trademark laws.
No license or right to our intellectual property is granted to you under these Terms. Neither the trademarks, copyrights nor any portion of the Website may be used, copied, reproduced, sold, resold, accessed, modified or otherwise exploited, in whole or in part, for any purpose without our express prior written consent.
PRODUCT INFORMATION, COSMETIC NATURE AND CBD DISCLAIMER
S4TIVA products are cosmetic products enriched with CBD derived from industrial hemp, formulated for external use only. They are not intended to diagnose, treat, cure or prevent any disease or medical condition and should not be used as a substitute for medical treatment or professional advice.
While we carefully formulate our products and provide ingredient lists and usage instructions, individual results may vary depending on skin type, hair type and other personal factors. Customers with known allergies, sensitivities or medical conditions are advised to consult a healthcare professional before using our products.
We make no medical claims regarding CBD or any other ingredient. By purchasing and using our products, you acknowledge and agree that you do not rely on any such medical representations.
RETURNS, REFUNDS AND 30-DAY SATISFACTION GUARANTEE
We offer a 30-day satisfaction guarantee on S4TIVA products. If you are not satisfied with your purchase, you may request a return in accordance with our Returns & Refunds Policy, which forms part of these Terms by reference.
Conditions relating to timing, product condition, proof of purchase and refund methods are set out in that policy. We reserve the right to inspect returned products and to refuse returns that do not comply with the stated requirements.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
To the fullest extent permitted by law, 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 in every individual case.
You expressly agree that your use of the Service and our products is at your sole risk. Except where expressly stated by us or required by mandatory consumer law, the Service and all products delivered to you through the Service are provided “as is” and “as available”, without any representation, warranties or conditions of any kind, whether express or implied.
Nothing in these Terms excludes or limits any rights you have as a consumer under Danish or EU law that cannot be excluded or limited by contract. Subject to such mandatory rights, our total liability for any claim arising out of or relating to the purchase or use of our products shall be limited to the amount you paid for the product in question.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Cosmetican ApS and our officers, directors, employees, agents, contractors and service providers from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms or your violation of any law or the rights of a third party.
SEVERABILITY
If any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.
TERMINATION
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by ceasing to use the Website and notifying us that you no longer wish to use our Services.
If, in our sole judgment, you fail or we suspect that you have failed to comply with any provision of these Terms, we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination. We may also deny you access to our Services (or any part thereof).
Obligations and liabilities incurred prior to the termination date shall survive the termination of this agreement.
ENTIRE AGREEMENT
These Terms and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior agreements, communications and proposals, whether oral or written, between you and us.
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
GOVERNING LAW AND JURISDICTION
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Denmark, without regard to conflict of law principles.
Any dispute arising out of or relating to these Terms, the Website or the purchase of products shall be subject to the jurisdiction of the Danish courts, unless mandatory EU consumer rules require otherwise.
CHANGES TO TERMS
You can review the most current version of these Terms at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes constitutes acceptance of those changes.
CONTACT INFORMATION
Questions about these Terms & Conditions should be sent to us at:
Cosmetican ApS
Refsnaesgade 46
2200 Copenhagen N., Denmark
Email: info@cosmetican.dk