OVERVIEW

This website is operated by Kemoha Beauty, LLC. Throughout this site, the terms, “we”, “us” and “our” is referring to Kemoha Beauty, LLC. Kemoha Beauty, LLC offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

1. INTRODUCTION

1.1 Welcome to Kemoha Beauty, LLC, a distinguished handmade skincare business. Established as a Limited Liability Company and operating from Pennsylvania, we are a botanical-enriched body care and wellness company dedicated to providing high-quality, organic skincare solutions. Our website, located at kemohabeauty.com, serves as the primary platform for showcasing and selling our products.

1.2 This document, henceforth referred to as the "Terms and Conditions," governs the use of our website and services. By accessing our website, engaging with our content, or purchasing our products, you ("the User") agree to be bound by these Terms and Conditions. It is crucial that you read and understand these terms thoroughly before using our services.

1.3 The Terms and Conditions outline the legal agreement between you and Kemoha Beauty, LLC. They encompass the rules and guidelines for using our website, purchasing our products, and interacting with our services. This policy is intended to ensure a clear understanding of the rights and obligations of both parties involved.

1.4 Kemoha Beauty, LLC reserves the right to modify or update these Terms and Conditions at any time without prior notice. It is the responsibility of the User to periodically review these terms to stay informed of any changes. Continued use of the website and services after any such changes constitutes acceptance of the new Terms and Conditions.

2. USER REGISTRATION AND ACCOUNT

2.1 Registration Requirements: To access certain features of our website, including the ability to purchase products, users have the option to create an account. When registering for an account, users are required to provide accurate, current, and complete information. It is the user's responsibility to maintain and update this information as necessary.

2.2 Account Security: Users are responsible for maintaining the confidentiality of their account information, including their password. Kemoha Beauty, LLC is not liable for any loss or damage arising from the user's failure to comply with this security obligation. Users should immediately notify Kemoha Beauty, LLC of any unauthorized use of their account.

2.3 User Conduct: Users agree to use the website and services in a manner consistent with all applicable laws and regulations. Users must not engage in any activity that is harmful to the website, its services, other users, or any third-party. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of the user's account, at Kemoha Beauty, LLC's discretion.

2.4 Account Termination: Kemoha Beauty, LLC reserves the right to suspend or terminate a user's account at any time for any reason, including but not limited to breach of these Terms and Conditions. Upon termination, the user will lose access to all parts of the website and services that require account registration.

2.5 Privacy: User registration data and other personal information about users are governed by our Privacy and Data Protection policy outlined in Section 9. Users acknowledge and agree that their use of the website is also governed by our Privacy and Data Protection policy.

3. PRODUCTS AND SERVICES

3.1 Product Description: Kemoha Beauty, LLC offers a range of micro-batch items and handmade skincare products, crafted from organic wildcrafted botanicals. Our product line includes but is not limited to creams, salves, oils, soaps, scrubs, lip balm, candles, and other essentials designed for everyday skin healing and wellness. Each product is described in detail on our website, including ingredients, usage instructions, and other relevant information.

3.2 Product Quality and Representation: While we strive for accuracy, we cannot guarantee that the product descriptions and representations on our website are completely accurate, complete, or error-free. The colors and appearance of products might vary depending on your monitor or device settings, and we cannot guarantee that your device will display colors accurately.

3.3 Availability: All products are subject to availability. We reserve the right to discontinue any product at any time. If a product is no longer available after placing an order, we will inform you promptly and offer alternatives or a refund.

3.4 Allergen Information: Given the nature of our products, we advise customers to review the ingredient list for allergens. Kemoha Beauty, LLC is not liable for any allergic reactions or skin sensitivity resulting from the use of our products. Customers are encouraged to perform a patch test before regular use.

3.5 Changes and Improvements: Kemoha Beauty, LLC continually seeks to improve and innovate our product offerings. We reserve the right to make changes to our products, including modifications in design, materials, and formulation, without prior notice.

4. ORDERING PROCESS

4.1 Placing an Order: Orders can be placed through our website. By placing an order, you are offering to purchase a product on and subject to these Terms and Conditions. All orders are subject to availability and confirmation of the order price.

4.2 Order Acceptance: Receipt of an order via our website does not constitute acceptance of an order. Order acceptance and the completion of the contract between you and Kemoha Beauty, LLC will occur upon our sending you an email that confirms the products have been dispatched.

4.3 Order Cancellation: We reserve the right to cancel any order for any reason. Possible reasons for cancellation include, but are not limited to, the following: fraud or an unauthorized or illegal transaction.

4.4 Errors in Order Processing: In the event of a mistake in your order, such as an incorrect product or pricing error, we will attempt to contact you for instruction before dispatch. If we are unable to contact you, we may cancel the order and issue a full refund.

4.5 Payment: Payment must be made at the time of placing the order. We accept various payment methods, as indicated on our website. Your order will not be dispatched until payment has been successfully processed.

5. PRICES AND PAYMENT

5.1 Pricing: All prices for products available through Kemoha Beauty, LLC are detailed on our website. We reserve the right to change prices without notice. Prices are inclusive of any applicable sales tax but do not include any shipping or handling charges, which shall be added to the total amount due where applicable.

5.2 Price Errors: In the event of a pricing error on our website, we reserve the right to cancel any orders resulting from such errors. If an order is canceled due to a pricing error, and payment has already been made, a full refund will be issued.

5.3 Payment Methods: Kemoha Beauty, LLC accepts various forms of payment as indicated on our website. By submitting your payment information, you confirm that you are authorized to use the designated payment method and authorize us to charge your purchase order to that method.

5.4 Payment Security: We employ robust security measures to ensure the safety of your personal and payment information. However, Kemoha Beauty, LLC cannot guarantee the security of any data transmission over the Internet and will not be liable for any breach of security not caused by our negligence.

5.5 Billing Information: You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.

6. SHIPPING AND DELIVERY

6.1 Shipping Policy: Kemoha Beauty, LLC ships to addresses within the United States. We do not ship to select international destinations at this time. Shipping fees and delivery times vary based on the destination and are calculated at the time of order. Shipping fees are non-refundable, except in cases of faulty or incorrectly supplied items. All shipping fees and processing times are determined by the United States Postal Service (USPS).

6.2 Delivery Times: Estimated delivery times are provided as a guide only and commence from the date of dispatch. Kemoha Beauty, LLC is not responsible for delays caused by customs clearance or other regulatory processes. All processing and delivery times are determined by the United States Postal Service (USPS).

6.3 Risk of Loss: All items purchased from Kemoha Beauty, LLC are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

6.4 International Shipping: For international orders, additional duties, taxes, and fees may apply, for which the customer is solely responsible. Please be aware that Kemoha Beauty, LLC has no control over these charges and cannot predict their amount.

6.5 Inspection upon Receipt: Upon receipt of your order, you are responsible for inspecting the products for any damage or discrepancies. If there are any issues, you must report them to Kemoha Beauty, LLC within a specified period as detailed in our Returns and Refunds policy.

7. RETURNS AND REFUNDS

7.1 Return Policy: At Kemoha Beauty, LLC, we strive for complete customer satisfaction however, all products manufactured and distributed at Kemoha Beauty, LLC are final sale. Due to the nature of our specialized products, we do not accept returns or exchanges. In the event your items are incorrect or damaged upon arrival, contact customer support so a representative can correct the issue.

7.2 Procedure for Returns: To initiate a return for incorrect or damaged items, customers must contact our customer service team with the order number and reason for return. Upon approval, instructions for returning the products will be provided. For incorrect and damaged items, Kemoha Beauty, LLC will be responsible for providing return shipping label costs due to a fault on our part.

7.3 Refund Eligibility: Products returned due to a defect or an error on our part will be fully refunded, including the cost of shipping. For all other returns request, we do not process refunds.

7.4 Processing of Refunds:  Any refunds that are due to fault of Kemoha Beauty, LLC will be processed to the original method of payment. Please allow a specified number of days for the refund to be processed. We will notify you once the refund has been initiated.

8. INTELLECTUAL PROPERTY RIGHTS

8.1 Ownership: All intellectual property rights in our products, website content, design, text, graphics, and other material related to Kemoha Beauty, LLC are owned by or licensed to Kemoha Beauty, LLC. This includes, but is not limited to, trademarks, service marks, trade names, logos, and patents.

8.2 Use of Material: The material provided on our website is for your personal, non-commercial use only. You may not reproduce, distribute, modify, display, perform, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from Kemoha Beauty, LLC, without our express written consent.

8.3 Prohibited Use: Unauthorized use of our intellectual property may violate copyright, trademark, patent, trade secret, and other laws. You agree to not use our trademarks or any similar marks in any way that might cause confusion or discredit Kemoha Beauty, LLC.

8.4 Copyright Notices: All copyright and trademark notices and other proprietary legends must remain on copies of the materials, whether electronic or printed.

9. PRIVACY AND DATA PROTECTION

9.1 Commitment to Privacy: Kemoha Beauty, LLC is committed to protecting the privacy and security of our customers' personal information. Our privacy policy outlines how we collect, use, disclose, and safeguard your information when you visit our website or use our services.

9.2 Data Collection: We collect various types of personal information during user registration, order placement, and other interactions with our website. This may include, but is not limited to, name, address, email address, and payment information. We also collect non-personal data such as browser type, IP address, and site usage statistics.

9.3 Use of Information: The personal information collected is used for processing orders, managing accounts, and improving our products and services. We may also use this information for communication purposes, such as responding to inquiries, sending updates, and marketing promotions, subject to user consent where required by law.

9.4 Data Security: We implement a variety of security measures to maintain the safety of your personal information. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

9.5 Sharing of Information: Kemoha Beauty, LLC does not sell, trade, or otherwise transfer to outside parties your personally identifiable information except as described in this policy. This does not include trusted third parties who assist us in operating our website, conducting our business, or serving you, so long as those parties agree to keep this information confidential.

10. DISPUTE RESOLUTION

10.1 Governing Law: These Terms and Conditions and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of Pennsylvania, United States.

10.2 Dispute Resolution Mechanism: In the event of a dispute arising from or related to these Terms and Conditions, the parties agree to seek resolution through amicable negotiation. If the dispute cannot be resolved through negotiation, the parties agree to submit to binding arbitration in Pennsylvania, United States.

10.3 Arbitration: Any arbitration shall be conducted on an individual basis and not in a class, collective, or representative action. The arbitrator's decision shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

10.4 Limitation of Claims: Any claim or cause of action arising out of or related to use of our website or these Terms and Conditions must be filed within one year after such claim or cause of action arose, regardless of any statute or law to the contrary.

11. TERMINATION OF ACCOUNTS OR SERVICES

11.1 Termination by Kemoha Beauty, LLC: We reserve the right to terminate or suspend your account and access to our services at any time, without notice, for conduct that we believe violates these Terms and Conditions or is harmful to other users of our services, or for any other reason in our sole discretion.

11.2 Effect of Termination: Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this website immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or our services.

11.3 User Initiated Termination: You may terminate your account at any time by contacting our customer service. Please note that even after your account is terminated, certain sections of these Terms and Conditions may remain in effect.

11.4 Survival of Obligations: Upon termination of your account, any provisions of these Terms and Conditions that, by their nature, should survive termination will remain in effect, including, but not limited to, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12. ELECTRONIC COMMUNICATIONS

12.1 Consent to Electronic Communications: By using our services and providing us with your email address, you consent to receiving electronic communications from Kemoha Beauty, LLC. These communications may include notices about your account, updates regarding our products and services, events, exclusive promotions, and information concerning or related to our services.

12.2 Communications Format: Electronic communications from us may be in the form of emails, notices posted on our website, or other electronic messages. It is your responsibility to ensure that we have your current email address, and you open and review communications that we send to you.

12.3 Legal Effect: You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Your agreement to this form of communication is a precondition to using our products and services.

12.4 Opt-Out Option: If you do not wish to receive promotional emails from us, you may opt out by following the unsubscribe instructions provided in the emails. However, you will still receive non-promotional communications, such as those about your account or our ongoing business relations.

13. LICENSE AND SITE ACCESS

13.1 Grant of License: Kemoha Beauty, LLC grants you a limited, revocable, and non-exclusive license to access and make personal use of this website. This license does not include any rights to download (other than page caching), modify, or use any portion of the site for commercial purposes without express written consent from Kemoha Beauty, LLC.

13.2 Restrictions on Use: This license does not allow for any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

13.3 No Reproduction: The website or any portion of the website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent from Kemoha Beauty, LLC.

13.4 Written Permission: Any unauthorized use terminates the permission or license granted by Kemoha Beauty, LLC. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of Kemoha Beauty, LLC, so long as the link does not portray Kemoha Beauty, LLC, its products, or services in a false, misleading, derogatory, or otherwise offensive matter.

14. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

14.1 Disclaimer of Warranties: The Kemoha Beauty, LLC website and all information, content, materials, products, and services included on or otherwise made available to you through the website are provided by Kemoha Beauty, LLC on an "as is" and "as available" basis, unless otherwise specified in writing.

14.2 No Implied Warranties: Kemoha Beauty, LLC makes no representations or warranties of any kind, express or implied, as to the operation of the website or the information, content, materials, products, or services included on or otherwise made available to you through the website, unless otherwise specified in writing.

14.3 Limitation of Liability: Kemoha Beauty, LLC will not be liable for any damages of any kind arising from the use of the website or from any information, content, materials, products, or services included on or otherwise made available to you through the website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.

14.4 Statutory Rights: Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

15. CHANGES TO TERMS AND CONDITIONS

15.1 Amendment Authority: Kemoha Beauty, LLC reserves the right to update or modify these Terms and Conditions at any time without prior notice. Such changes, modifications, additions, or deletions shall be effective immediately upon posting on our website. Your continued use of the website after any such changes constitutes your acceptance of the new Terms and Conditions.

15.2 Notification of Changes: While we will endeavor to notify users of any significant changes to these Terms and Conditions through the website or via email, it is the responsibility of users to check this page periodically for changes. This page will always contain the most current version of the Terms and Conditions.

15.3 Continued Use After Changes: Your continued use of the website following the posting of changes to these Terms and Conditions signifies your acceptance of those changes. It is your responsibility to review these Terms and Conditions periodically and to be aware of any modifications.

15.4 Archived Versions: A history of the changes made to these Terms and Conditions may be requested by contacting us directly. This history will be provided for your convenience to understand the changes made over time.

16. MISCELLANEOUS

16.1 Severability: If any provision of these Terms and Conditions is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.

16.2 No Waiver: The failure of Kemoha Beauty, LLC to enforce any provisions of these Terms and Conditions or to respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of these Terms and Conditions or to act with respect to similar breaches.

16.3 Entire Agreement: These Terms and Conditions, together with any additional terms and conditions or policies referenced herein and/or available by hyperlink, constitute the entire understanding and agreement between you and Kemoha Beauty, LLC regarding the website and our services, and supersede any prior agreements, communications, and proposals, whether oral or written.

16.4 Headings: The headings used in these Terms and Conditions are included for convenience only and will not limit or otherwise affect these Terms and Conditions.

Any questions about the Terms and conditions can be directed directly to hello@kemohabeauty.com