Terms of Service 

Kapelle Skin LLC 

Effective Date: January 13, 2026

Table of Contents 

1. Acceptance of Terms 

2. Who We Are; No Medical Advice 

3. Eligibility & Geographic Restrictions 

4. Accounts & Guest Checkout 

5. Product Information, Orders & Pricing 

6. Payment Methods & Authorization 

7. Shipping & Delivery 

8. Returns, Refunds & Exchanges 

9. Product Safety, Allergies & Patch Testing 

10. User-Generated Content 

11. Intellectual Property; License to Use the Site 

12. Prohibited Uses 

13. Privacy & Marketing Communications 

14. AI-Generated Content 

15. Accessibility Commitment 

16. Disclaimer of Warranties 

17. Limitation of Liability 

18. Indemnification 

19. Dispute Resolution; Governing Law; Arbitration 

20. Changes to the Site or Terms 

21. Termination & Suspension 

22. Intellectual Property Complaints (DMCA) 

23. Third-Party Services 

24. Contact Information 

25. General Provisions 

1. Acceptance of Terms 

These Terms of Service (these "Terms") constitute a binding legal agreement between you and  Kapelle Skin LLC, a New York limited liability company doing business as "Kapelle Skin" (the  "Company," "we," "us," or "our"). These Terms govern your access to and use of our website  located at www.kapelleskin.com (the "Site") and your purchase of products offered through the  Site (the "Products"). 

By accessing or using the Site, browsing our Products, placing an order, or creating an account,  you acknowledge that you have read, understood, and agree to be bound by these Terms, our 

Privacy Policy (available at www.kapelleskin.com/privacy-policy), and any additional policies  referenced herein, including our shipping and return policies. If you do not agree to these Terms,  you may not access or use the Site or purchase Products. 

These Terms apply to all visitors, users, and customers of the Site. We reserve the right to refuse  service to anyone for any lawful reason at any time. 

2. Who We Are; No Medical Advice 

2.1 Company Identity 

Kapelle Skin LLC is a New York-based company that develops and sells cosmetic skincare  products directly to consumers in the United States. The Company operates independently and is  not affiliated with any medical practice, physician, or healthcare provider. 

2.2 Products Are Cosmetics, Not Drugs 

The Products sold on this Site are cosmetics intended for topical application to enhance the  appearance of skin. Products are not drugs, medical devices, or treatments, and are not intended to  diagnose, treat, cure, or prevent any disease or medical condition. 

All content on the Site, including product descriptions, ingredient information, educational articles,  and other materials, is provided for informational and marketing purposes only. Such content does  not constitute medical, dermatological, or healthcare advice. 

2.3 No Medical Advice or Professional Relationship 

We do not provide medical advice through the Site, and nothing on the Site should be construed  as medical guidance or a recommendation for treatment. Product suggestions, ingredient  information, and skincare tips are general in nature and not tailored to your individual health  circumstances. 

Purchasing Products does not create a doctor-patient relationship, healthcare provider relationship,  or any professional advisory relationship between you and the Company or any of its personnel. 

For questions or concerns about skin conditions, allergies, medical treatments, or the suitability of  any Product for your individual circumstances, consult a licensed dermatologist, physician, or  other qualified healthcare professional. 

2.4 FDA Disclaimer 

Statements regarding Products have not been evaluated by the U.S. Food and Drug Administration  (FDA). Products are not intended to diagnose, treat, cure, or prevent any disease. 

3. Eligibility & Geographic Restrictions

3.1 United States Sales Only 

The Site and Products are intended for customers located in the United States. We currently sell  and ship only to addresses within the fifty (50) U.S. states. We do not accept orders for delivery to  Post Office Boxes (PO Boxes), U.S. territories, military addresses (APO/FPO), international  addresses, or freight forwarding services. 

We reserve the right to refuse or cancel orders for any lawful reason, including those that appear  intended for international resale, commercial redistribution, or delivery to addresses outside the  United States. 

3.2 Age Requirements 

You must be at least eighteen (18) years of age to purchase Products from the Site. By placing an  order, you represent and warrant that you are at least 18 years old and have the legal capacity to  enter into these Terms. 

The Site is not directed to children under thirteen (13) years of age, and we do not knowingly  collect personal information from children under 13. If you are a parent or guardian and believe  your child has provided us with personal information, please contact us at hello@kapelleskin.com,  and we will delete such information promptly. 

3.3 Compliance with Local Laws 

You are responsible for ensuring that your access to and use of the Site complies with all applicable  laws and regulations in your jurisdiction. 

4. Accounts & Guest Checkout 

4.1 Guest Checkout 

The Site allows you to complete purchases as a guest without creating an account. If you choose  guest checkout, you will provide only the information necessary to process and fulfill your order. 

4.2 Account Creation  

You may create an account to save your shipping information, track orders, and access other  account features. By creating an account, you agree to provide accurate, current, and complete  information and to update such information as necessary to keep it accurate. 

4.3 Account Security 

You are responsible for maintaining the confidentiality of your account credentials (username and  password) and for all activities that occur under your account. You agree to notify us immediately 

of any unauthorized use of your account or any other security breach. We are not liable for any  loss or damage arising from your failure to protect your account credentials. 

5. Product Information, Orders & Pricing 

5.1 Product Descriptions 

We make reasonable efforts to accurately describe Products, including ingredients, intended use,  size, and other attributes. However, we do not warrant that product descriptions, images, colors,  or other content on the Site are completely accurate, current, or error-free. Actual product  packaging, colors, and appearance may vary from images displayed on the Site due to monitor  settings, photography, manufacturing variations, or product reformulations. 

5.2 Pricing & Availability 

All prices are stated in U.S. dollars and are subject to change without notice. We reserve the right  to modify prices, discontinue Products, or limit quantities available for purchase at any time. 

In the event of a pricing error (such as an incorrect price displayed due to a technical malfunction),  we reserve the right to cancel affected orders and issue full refunds, even if an order confirmation  has been sent. 

5.3 Order Placement & Acceptance 

When you place an order through the Site, you are making an offer to purchase Products subject  to these Terms. Your order is not accepted, and no contract of sale is formed, until we ship the  Products and send you a shipment confirmation email. 

We reserve the right to refuse or cancel any order for any lawful reason, including but not limited  to: 

• Product unavailability or inventory limitations; 

• Suspected fraudulent, unauthorized, or illegal transactions; 

• Errors in product descriptions, pricing, or availability; 

• Orders that appear intended for commercial resale or redistribution; 

• Orders with shipping addresses outside the United States or to freight forwarders; or • Violations of these Terms. 

If your order is cancelled after your payment method has been charged, we will issue a full refund  to the original payment method. 

5.4 Taxes

Applicable sales taxes will be calculated and added to your order total at checkout based on the  shipping address and current tax rates. You are responsible for any additional taxes, duties, or fees  that may apply in your jurisdiction. 

5.5 Risk of Loss & Title 

Title and risk of loss for Products pass to you upon delivery to the carrier for shipment. Once  Products are delivered to the carrier, you bear the risk of loss or damage during transit, except in  cases of our negligence or failure to properly package and ship Products. 

6. Payment Methods & Authorization 

6.1 Accepted Payment Methods 

We accept the following payment methods through our payment processor: 

• Major credit and debit cards (Visa, Mastercard, American Express, Discover); • Apple Pay; 

• Google Pay. 

6.2 Payment Authorization 

By providing payment information and submitting an order, you: 

• Authorize us to charge the provided payment method for the total order amount, including  Products, shipping, and applicable taxes; 

• Represent and warrant that you are authorized to use the payment method provided; • Represent and warrant that all payment information is accurate, current, and complete; • Agree that we may obtain preauthorization of charges from your payment card issuer prior  to finalizing your order. 

6.3 Payment Processing & Security 

Payments are processed through a third-party payment processor. We do not store your complete  payment card information on our servers. Payment processing is subject to such third-party  payment processor's terms and policies, and your payment information is handled in accordance  with industry-standard security protocols. 

6.4 Fraud Prevention & Verification 

We may use fraud detection and prevention tools to verify the legitimacy of orders. If we suspect  fraudulent activity, unauthorized use of a payment method, or other suspicious circumstances, we  reserve the right to: 

• Place orders on hold pending verification;

• Request additional information or documentation to confirm your identity and billing  information; 

• Cancel orders and issue refunds; or 

• Report suspected fraud to appropriate authorities. 

7. Shipping & Delivery 

7.1 Shipping Destinations 

We ship Products exclusively to addresses within the fifty (50) U.S. states. We do not ship to P.O.  boxes, U.S. territories, military addresses (APO/FPO/DPO), or international destinations. 

7.2 Shipping Timeframes 

Shipping timeframes are estimates only and are not guaranteed. Actual delivery times may vary  based on carrier performance, shipping destination, weather conditions, and other factors beyond  our control. 

7.3 Shipping Costs 

Shipping costs, if any, will be calculated and displayed at checkout based on the shipping address  and selected shipping method. 

7.4 Tracking Information 

Upon shipment, you will receive an email with tracking information. You are responsible for  monitoring the shipment and ensuring someone is available to receive the package. We are not  responsible for packages marked as delivered by the carrier but reported as missing by the  recipient. 

7.5 Delays & Events Beyond Our Control 

We are not liable for shipping delays, lost packages, or delivery failures caused by: 

• Carrier delays or errors; 

• Natural disasters, severe weather, or force majeure events; 

• Incorrect or incomplete shipping addresses provided by you; 

• Recipient unavailability or refusal to accept delivery; or 

• Other circumstances beyond our reasonable control. 

If you experience shipping issues, please contact us at hello@kapelleskin.com, and we will make  reasonable efforts to assist with tracking and resolution. 

8. Returns, Refunds & Exchanges

8.1 Return Eligibility & Timeframe 

We want you to be satisfied with your purchase. If you are not completely satisfied, you may return  unopened, unused Products in their original, sealed packaging within thirty (30) days of the date  the carrier’s tracking records show the package as delivered (the “Delivery Date”) for a refund or  store credit, subject to the conditions below. Please note that original shipping and handling fees  are non-refundable  

Returns must meet the following requirements: 

• Products must be unopened, unused, and in original, sealed packaging;

• Return request must be initiated within thirty (30) days of the Delivery Date;

• Products must be returned in resalable condition; 

• Proof of purchase (order number and receipt) must be provided. 

8.2 Non-Returnable Items 

The following items are not eligible for return or refund: 

• Opened or used Products (for health and safety reasons); 

• Products without original packaging or seals; 

• Products with packaging that has been damaged, altered, or defaced 

8.3 Damaged or Defective Products 

If you receive a damaged or defective Product, you must notify us within thirty (30) days of the  Delivery Date by emailing hello@kapelleskin.com with the following information: 

• Order number; 

• Product name and SKU; 

• Clear photographs showing the damage or defect; 

• Description of the issue. 

Upon verification, we may, at our discretion: 

• Issue a replacement Product (subject to availability); or 

• Provide store credit or a refund to the original payment method. 

We will cover return shipping costs for verified damaged or defective Products. Return shipping  labels will be provided upon approval of the claim. 

8.4 Return Authorization & Process 

To initiate a return, contact us at hello@kapelleskin.com with your order number and reason for  return. We will provide a Return Merchandise Authorization (RMA) number and return  instructions. Returns sent without an approved RMA may be refused or returned to the sender.

You are responsible for return shipping costs unless the return is due to a verified defect or error  on our part. We recommend using a trackable shipping method, as we are not responsible for lost  return packages. 

8.5 Refund Processing 

Once we receive and inspect the returned Product, we will process your refund or issue store credit  within a commercially reasonable timeframe. Refunds will be issued to the original payment  method. Please allow additional time for your financial institution to process the credit. 

8.6 Replacement Limit 

We will provide a maximum of one (1) replacement per order. If you receive a second defective  or damaged item, we will issue a refund instead of another replacement. 

8.7 Final Sale Items 

Items marked as "final sale" or purchased during promotional periods may be excluded from our  standard return policy. Any such restrictions will be clearly stated at the time of purchase. 

9. Product Safety, Allergies & Patch Testing 

9.1 Potential for Allergic Reactions 

Cosmetic products, including our Products, contain ingredients that may cause allergic reactions,  irritation, or sensitivity in some individuals. Reactions can occur even with products formulated  for sensitive skin or labeled as hypoallergenic. 

We strongly recommend performing a patch test before using any new Product, especially if you  have sensitive skin, known allergies, or a history of adverse reactions to cosmetics or skincare  products. 

9.2 How to Perform a Patch Test 

To perform a patch test: 

1. Apply a small amount of the Product to a discreet area of skin (such as the inside of your  wrist or behind your ear). 

2. Wait 24-48 hours and monitor for signs of irritation, redness, itching, swelling, or  discomfort. 

3. If irritation occurs, discontinue use immediately and rinse the area thoroughly with water.

9.3 Discontinue Use If Irritation Occurs

If you experience redness, burning, itching, swelling, rash, or any adverse reaction during or after  use of a Product, discontinue use immediately, rinse the affected area with water, and consult a  dermatologist or healthcare professional. 

We are not responsible for adverse reactions resulting from failure to patch test, use of Products  despite known allergies, or use in a manner inconsistent with Product instructions. 

9.4 Ingredient Transparency 

We strive to provide complete and accurate ingredient lists for all Products on the Site. Ingredient  lists are also printed on Product packaging. If you have specific allergies or sensitivities, carefully  review ingredient lists before purchasing or using Products. 

9.5 Not Evaluated by the FDA 

Statements regarding our Products and ingredients have not been evaluated by the U.S. Food and  Drug Administration. Products are not intended to diagnose, treat, cure, or prevent any disease or  medical condition. 

10. User-Generated Content 

10.1 Scope of User-Generated Content 

The Site may, now or in the future, allow you to submit, post, or display user-generated content,  including product reviews, ratings, photographs, testimonials, comments, or other materials  (collectively, "User Content"). 

10.2 Ownership & License Grant 

You retain ownership of any User Content you submit. However, by submitting User Content to  the Site, you grant the Company a worldwide, non-exclusive, royalty-free, perpetual, irrevocable,  sublicensable, and transferable license to use, reproduce, modify, adapt, publish, display,  distribute, and incorporate such User Content into our marketing materials, social media,  advertising, and other promotional efforts, in any format or medium now known or hereafter  developed. 

This license includes the right to use your name, username, likeness, or other identifying  information in connection with the User Content, unless you explicitly opt out at the time of  submission. 

10.3 User Content Restrictions 

You agree that any User Content you submit: 

• Is accurate and truthful to the best of your knowledge;

• Does not violate any third-party rights, including intellectual property, privacy, or publicity  rights; 

• Does not contain defamatory, obscene, abusive, harassing, threatening, or otherwise  unlawful content; 

• Does not make medical claims, provide medical advice, or suggest that Products can  diagnose, treat, cure, or prevent any disease; 

• Does not include photographs or images of other individuals without their express consent; • Does not contain personally identifiable information about others (such as full names,  addresses, phone numbers, or email addresses); 

• Does not contain viruses, malware, or other harmful code; and 

• Complies with all applicable laws and regulations. 

10.4 Moderation & Removal 

We reserve the right, but have no obligation, to monitor, review, edit, or remove User Content at  any time and for any reason, including if we determine that User Content violates these Terms, is  inappropriate, or could expose the Company or others to liability. 

We do not endorse any User Content and are not responsible for the accuracy, completeness, or  reliability of User Content submitted by users. 

10.5 No Compensation 

You will not receive compensation or attribution for User Content used by the Company, except  where required by law or as otherwise agreed in writing. 

11. Intellectual Property; License to Use the Site

11.1 Ownership of Site Content 

All content on the Site, including but not limited to text, graphics, logos, images, photographs,  product names, trade dress, trademarks, service marks, software code, and other materials  (collectively, "Site Content"), is owned by the Company or its licensors and is protected by U.S.  and international intellectual property laws, including copyright, trademark, trade secret, and other  proprietary rights. 

The Company name, "Kapelle Skin," the Kapelle Skin logo, and all related names, logos, product  names, and slogans are trademarks or registered trademarks of the Company or its affiliates. You  may not use any trademarks without the Company's prior written consent. 

11.2 Limited License to Access the Site 

Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive,  non-transferable, non-sublicensable, revocable license to access and use the Site for personal, non commercial purposes only.

This license does not permit you to: 

• Reproduce, distribute, modify, create derivative works from, publicly display, publicly  perform, republish, or transmit any Site Content; 

• Use the Site or Site Content for any commercial purpose or for the benefit of any third  party; 

• Copy, download, or extract data from the Site using automated tools, scripts, bots, spiders,  crawlers, or scrapers; 

• Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source  code or underlying algorithms of any software used on the Site; 

• Circumvent, disable, or interfere with security features, access controls, or technological  measures that prevent or restrict access to the Site; 

• Frame, mirror, or link to any portion of the Site without our express written consent; or • Remove, obscure, or alter any copyright, trademark, or other proprietary notices from Site  Content. 

11.3 Reservation of Rights 

All rights not expressly granted to you in these Terms are reserved by the Company and its  licensors. Unauthorized use of the Site or Site Content may violate intellectual property laws and  other laws and may subject you to civil and criminal liability. 

12. Prohibited Uses 

You agree not to use the Site or Products for any unlawful purpose or in any way that violates  these Terms. Prohibited uses include, but are not limited to: 

• Violating any federal, state, local, or international law or regulation; 

• Infringing or misappropriating the intellectual property, privacy, publicity, or other rights  of the Company or any third party; 

• Transmitting or uploading viruses, malware, ransomware, or other harmful code; • Engaging in fraudulent, deceptive, or misleading conduct, including providing false  information during checkout or misrepresenting your identity; 

• Harassing, threatening, defaming, or abusing other users, Company personnel, or third  parties; 

• Interfering with or disrupting the operation of the Site, servers, or networks connected to  the Site; 

• Attempting to gain unauthorized access to any portion of the Site, other users' accounts, or  computer systems or networks; 

• Using the Site to distribute spam, unsolicited advertisements, or promotional materials; • Purchasing Products for purposes of commercial resale, competitive analysis, or  benchmarking without our express written consent; 

• Making medical claims about Products or using Products in a manner inconsistent with  their intended cosmetic use; or 

• Encouraging or facilitating any of the above prohibited activities.

Violation of this section may result in suspension or termination of your access to the Site,  cancellation of orders, and referral to law enforcement where appropriate. 

13. Privacy & Marketing Communications 

13.1 Privacy Policy 

Your use of the Site is governed by our Privacy Policy, available at  https://www.kapelleskin.com/privacy-policy and incorporated into these Terms by reference. The  Privacy Policy describes what personal information we collect (such as name, email, shipping  address, payment information, device data, and browsing activity), how we use it (to process  orders, provide customer support, prevent fraud, conduct analytics, and send marketing  communications), and how we share it with service providers. 

Please review the Privacy Policy carefully to understand our data practices.

13.2 Marketing Communications 

If you opt in to receive marketing emails or SMS messages (where available), we may send you  promotional content, product updates, special offers, and other marketing materials. You can  unsubscribe from marketing emails at any time by clicking the "Unsubscribe" link at the bottom  of any marketing email or by contacting us at hello@kapelleskin.com with "UNSUBSCRIBE" in  the subject line. 

If we offer SMS marketing in the future, you can opt out by replying "STOP" to any SMS message. 

Note that even if you opt out of marketing communications, we may still send you transactional  emails related to your orders, account, or customer service inquiries. 

13.3 Cookies & Analytics 

We use cookies, web beacons, pixels, and similar technologies to operate the Site, analyze usage  patterns, and deliver personalized content and advertising. Third-party services such as Google  Analytics and social media advertising platforms (Meta/Instagram, TikTok) may also use cookies  to collect information about your interactions with the Site. 

You can manage cookie preferences through your browser settings. For more information about  cookies and how to opt out of certain tracking, please see our Privacy Policy. 

13.4 Data Requests 

To request access to, correction of, or deletion of your personal information, or to exercise other  privacy rights, please email hello@kapelleskin.com with "PRIVACY" in the subject line. Include  your full name, order number (if applicable), and a description of your request. We will verify  your identity and respond within the timeframes required by applicable law.

14. AI-Generated Content 

14.1 Use of AI Tools 

The Company may use artificial intelligence (AI) tools and software to assist in creating, editing,  or enhancing marketing materials, product descriptions, visual content, or other Site Content. AI generated outputs are reviewed by Company personnel for accuracy, quality, and compliance with  applicable standards before publication. 

14.2 No Training on Customer Data 

We do not train AI models on customer checkout data, personal information, or order details. Any  use of AI tools is limited to content creation and does not involve processing of customer personal  data for model training purposes. 

14.3 AI-Generated Imagery 

Where AI tools are used to generate or modify product images, lifestyle photography, or other  visuals displayed on the Site, such images are intended for illustrative and marketing purposes  only. Actual Products may vary in appearance, color, texture, or packaging from AI-generated or  digitally enhanced images. 

We make reasonable efforts to ensure that all visual content, whether AI-generated or  photographed, accurately represents the Products. However, variations may occur, and you should  refer to product descriptions and ingredient lists for authoritative information. 

15. Accessibility Commitment 

We are committed to making the Site accessible to all users, including individuals with disabilities.  We strive to comply with applicable accessibility standards and continually work to improve the  user experience for everyone. 

If you experience difficulty accessing any portion of the Site or require assistance or reasonable  accommodations to complete a purchase, please contact us at hello@kapelleskin.com. We will  make reasonable efforts to provide the information or assistance you need in an accessible format. 

16. Disclaimer of Warranties 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND  PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT  WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. 

THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,  INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING,  USAGE, OR TRADE PRACTICE. 

Without limiting the foregoing, the Company does not warrant that: 

• The Site will be uninterrupted, secure, or error-free; 

• Defects or errors in the Site will be corrected; 

• The Site or servers are free of viruses or other harmful components; 

• Product descriptions, images, or other Site Content are accurate, complete, current, or  reliable; 

• Products will meet your expectations or achieve specific results; 

• Information obtained through the Site is accurate or reliable; or 

• Third-party services integrated with the Site will function properly. 

We expressly disclaim any representations or warranties regarding the suitability, safety, or  efficacy of Products for any particular individual or purpose. All Product recommendations,  descriptions, and information are provided for general informational purposes only and do not  constitute medical advice or personalized recommendations. 

Some states do not allow the exclusion or limitation of implied warranties, so the above exclusions  may not apply to you. In such cases, implied warranties are limited to the shortest duration  permitted by applicable law. 

17. Limitation of Liability 

17.1 Exclusion of Certain Damages 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE  COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,  SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL,  SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING  OUT OF OR RELATED TO YOUR USE OF THE SITE OR PRODUCTS, INCLUDING  BUT NOT LIMITED TO: 

• Loss of profits, revenue, data, goodwill, or business opportunities; 

• Personal injury (except as provided below), emotional distress, or reputational harm; • Costs of substitute goods or services; 

• Unauthorized access to or alteration of your data; 

• Damages arising from reliance on Site Content or Product information; • Damages resulting from shipping delays, lost packages, or carrier errors; or • Any other indirect or consequential damages, whether based on contract, tort (including  

negligence), strict liability, or any other legal theory, even if the Company has been advised  of the possibility of such damages. 

17.2 Cap on Total Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY'S TOTAL  AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO  THESE TERMS, THE SITE, OR PRODUCTS SHALL NOT EXCEED THE GREATER  OF: 

(A) ONE HUNDRED DOLLARS ($100.00); OR 

(B) THE TOTAL AMOUNT YOU PAID TO THE COMPANY FOR PRODUCTS IN THE  TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. 

17.3 Exceptions 

The limitations in this Section 17 do not apply to: 

• Bodily injury or property damage caused by defective Products, to the extent such liability  cannot be waived under applicable law; 

• Liability for fraud, willful misconduct, or gross negligence; 

• Violations of consumer protection laws where limitation of liability is prohibited; or • Any other liability that cannot be excluded or limited under applicable law. 

17.4 Applicability 

The limitations and exclusions in this Section 17 apply regardless of the form of action, whether  in contract, tort, negligence, strict liability, or otherwise, and even if any limited remedy fails of  its essential purpose. Some jurisdictions do not allow certain limitations on liability, so some of  the above limitations may not apply to you. 

18. Indemnification 

You agree to indemnify, defend, and hold harmless the Company, its affiliates, and their respective  officers, directors, employees, agents, suppliers, and licensors from and against any and all claims,  liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and legal  costs) arising out of or related to: 

• Your use or misuse of the Site or Products; 

• Your violation of these Terms or any applicable law or regulation; 

• Your infringement or misappropriation of any intellectual property, privacy, publicity, or  other rights of the Company or any third party; 

• Any User Content you submit or actions you take on the Site; 

• Your negligence, willful misconduct, or breach of any representation or warranty contained  in these Terms; or 

• Any dispute between you and a third party arising from your use of the Site or Products. 

The Company reserves the right, at its own expense, to assume the exclusive defense and control  of any matter subject to indemnification by you. You agree to cooperate with the Company's defense of such claims and not to settle any such claim without the Company's prior written  consent. 

This indemnification obligation survives termination of these Terms and your use of the Site.

19. Dispute Resolution; Governing Law; Arbitration

19.1 Governing Law 

These Terms and any disputes arising out of or related to these Terms, the Site, or Products shall  be governed by and construed in accordance with the laws of the State of New York, without  regard to its conflict of laws principles. 

19.2 Informal Dispute Resolution 

Before initiating any formal dispute resolution proceeding, you agree to first contact the Company  at hello@kapelleskin.com to attempt to resolve the dispute informally. Provide a detailed  description of the dispute, your contact information, and the relief you seek. Both parties agree to  negotiate in good faith for at least thirty (30) days before pursuing arbitration or litigation. 

19.3 Binding Arbitration 

If informal resolution is unsuccessful, you and the Company agree that any dispute, claim, or  controversy arising out of or relating to these Terms, the Site, or Products (each, a "Dispute") shall  be resolved by binding individual arbitration administered by the American Arbitration  Association (AAA) under its Consumer Arbitration Rules, or alternatively by JAMS under its  Comprehensive Arbitration Rules and Procedures, rather than in court. 

Arbitration uses a neutral arbitrator instead of a judge or jury and is subject to limited appellate  review. Arbitration may involve more limited discovery than court proceedings. 

YOU AND THE COMPANY AGREE THAT EACH PARTY MAY BRING CLAIMS  AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A  PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED,  REPRESENTATIVE, OR COLLECTIVE ACTION OR PROCEEDING. CLASS  ARBITRATIONS, CLASS ACTIONS, AND REPRESENTATIVE ACTIONS ARE NOT  PERMITTED. 

19.4 Arbitration Procedures 

• Location: Arbitration shall take place in Kings County, New York, or at your option, in  the county where you reside. 

• Costs: Each party is responsible for its own arbitration fees and costs, except that the  Company will pay your filing fees if required by the AAA Consumer Arbitration Rules or  if such fees would be prohibitive compared to the cost of litigation.

• Arbitrator Authority: The arbitrator may award any relief available in court, including  damages, injunctive relief, and attorneys' fees where authorized by law. The arbitrator's  decision is final and binding, subject to limited rights of appeal under the Federal  Arbitration Act. 

19.5 Exceptions to Arbitration 

Notwithstanding the arbitration agreement above, either party may: 

• Bring a claim in small claims court if the claim qualifies and remains in small claims court;  or 

• Seek equitable or injunctive relief in any court of competent jurisdiction to protect  intellectual property rights, trade secrets, or to prevent irreparable harm. 

19.6 Opt-Out Right 

You have the right to opt out of the arbitration agreement by notifying the Company in writing  within thirty (30) days of first accepting these Terms. Your opt-out notice must include: 

• Your full name; 

• Email address; 

• Order number (if applicable); 

• A clear statement that you wish to opt out of the arbitration agreement; and • Your signature (electronic signature is acceptable). 

Send your opt-out notice to: 

Kapelle Skin LLC 

Attn: Arbitration Opt-Out 

41 Schermerhorn Street #1117

Brooklyn NY 11201

Email: hello@kapelleskin.com (subject line: "Arbitration Opt-Out") 

If you opt out, all other provisions of these Terms remain in effect, but disputes will be resolved  in court under Section 19.7 rather than through arbitration. 

19.7 Jurisdiction & Venue 

For disputes not subject to arbitration (either because you opted out or because the dispute falls  within an exception), you agree to submit to the exclusive personal jurisdiction of the state and  federal courts located in Kings County, New York. You waive any objection to venue in such  courts and any claim that such courts are an inconvenient forum. 

19.8 Jury Trial Waiver

TO THE EXTENT PERMITTED BY LAW, YOU AND THE COMPANY WAIVE ANY  RIGHT TO A JURY TRIAL FOR ANY DISPUTE, WHETHER RESOLVED THROUGH  ARBITRATION OR LITIGATION. 

20. Changes to the Site or Terms 

20.1 Modifications to Products and Site 

We reserve the right to modify, suspend, or discontinue any aspect of the Site or Products at any  time without notice, including availability of Products, features, pricing, descriptions, and Site  functionality. We are not liable to you or any third party for any modification, suspension, or  discontinuance of the Site or Products. 

20.2 Updates to Terms 

We may revise these Terms at any time by posting updated Terms on the Site with a new Effective  Date at the top of the document. Material changes will be communicated through: 

• A notice on the Site homepage or checkout page; 

• Email notification to the address associated with your account or most recent order; or • Other reasonable means calculated to provide notice. 

Your continued use of the Site or purchase of Products after the revised Terms are posted  constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you  must discontinue use of the Site. 

We encourage you to review these Terms periodically to stay informed of any updates. 21. Termination & Suspension 

21.1 Termination by the Company 

We reserve the right, in our sole discretion and without prior notice, to: 

• Suspend, restrict, or terminate your access to the Site; 

• Cancel pending or completed orders and issue refunds; 

• Delete any User Content you have submitted; or 

• Take any other action we deem necessary to protect the Site, other users, or our business  interests. 

Grounds for termination or suspension include, but are not limited to: 

• Violation of these Terms or any applicable law; 

• Fraudulent, abusive, or harmful conduct; 

• Suspected unauthorized use of payment methods;

• Multiple returns, refund requests, or chargebacks that suggest abuse of our policies; • Interference with Site operations or other users' access; 

• Commercial resale or redistribution of Products without authorization; or • Any other conduct that, in our judgment, poses a risk to the Company, Site, or other users. 

21.2 Termination by You 

You may stop using the Site at any time. If you wish to delete your account (if account functionality  is available), contact us at hello@kapelleskin.com. 

21.3 Effect of Termination 

Upon termination: 

• Your license to access and use the Site immediately terminates; 

• You must cease all use of the Site and Products for any commercial purpose; • We may delete or disable your account and User Content; 

• Sections 2 (No Medical Advice), 9 (Product Safety), 11 (Intellectual Property), 16  (Disclaimer), 17 (Limitation of Liability), 18 (Indemnification), 19 (Dispute Resolution),  and 25 (General Provisions) survive termination. 

Termination does not affect any rights or obligations that accrued prior to termination, including  any outstanding payment obligations or pending orders. 

22. Intellectual Property Complaints (DMCA) 22.1 DMCA Notice 

The Company respects the intellectual property rights of others and expects users to do the same.  If you believe that content on the Site infringes your copyright or other intellectual property rights,  please notify our designated agent in writing. 

22.2 DMCA Agent Contact Information 

Copyright Agent: 

Kapelle Skin LLC 

Attn: DMCA Agent 

41 Schermerhon Street #1117

Brooklyn, NY 11201

Email: hello@kapelleskin.com 

22.3 Required Information for DMCA Notice 

Your notice must include:

• Identification of the copyrighted work claimed to have been infringed, or if multiple works,  a representative list of such works; 

• Identification of the material claimed to be infringing or the subject of infringing activity,  including sufficient information to enable us to locate the material (e.g., URL or  description); 

• Your contact information, including name, address, telephone number, and email address; • A statement that you have a good-faith belief that use of the material is not authorized by  the copyright owner, its agent, or the law; 

• A statement, under penalty of perjury, that the information in the notice is accurate and that  you are authorized to act on behalf of the copyright owner; and 

• Your physical or electronic signature. 

22.4 Counter-Notification 

If you believe that material you posted was removed in error or is not infringing, you may submit  a counter-notification to our DMCA Agent containing the information required under the Digital  Millennium Copyright Act (17 U.S.C. § 512(g)(3)). 

23. Third-Party Services 

23.1 Service Providers 

The Site integrates with and relies upon third-party service providers to deliver certain  functionality, including but not limited to: 

• Square, Inc.: Payment processing, checkout, and transaction services; • Google Analytics: Website analytics and usage tracking; 

• Social media platforms (Meta/Instagram, TikTok): Advertising and marketing pixels; • Email marketing platforms (Mailchimp, Square Marketing, or similar): Marketing  communications and newsletters; 

• Shipping carriers (USPS, UPS, FedEx, or similar): Package delivery and tracking  services. 

23.2 Third-Party Terms 

Your use of third-party services is governed by the applicable third party's terms of service and  privacy policy. We do not control and are not responsible for the content, functionality, security,  or practices of third-party services. 

23.3 No Endorsement; No Liability 

The presence of links to third-party websites or references to third-party services does not  constitute an endorsement or warranty by the Company. We are not liable for any damages, losses,  or issues arising from your use of third-party services, including payment processing errors,  shipping delays, data breaches, or other third-party failures.

24. Contact Information 

If you have questions, concerns, or requests regarding these Terms, the Site, or Products, please  contact us: 

Kapelle Skin LLC 

Mailing Address: 

41 Schermerhorn Street #1117

Brooklyn, NY 11201

Email: 

hello@kapelleskin.com 

(For privacy requests, include "PRIVACY" in the subject line) 

DMCA/Copyright Inquiries: 

hello@kapelleskin.com 

Arbitration Opt-Out: 

hello@kapelleskin.com (subject line: "Arbitration Opt-Out") 

25. General Provisions 

25.1 Entire Agreement 

These Terms, together with the Privacy Policy and any other policies or agreements referenced  herein, constitute the entire agreement between you and the Company regarding the Site and  Products and supersede all prior or contemporaneous understandings, agreements, representations,  and warranties, whether oral or written. 

25.2 Severability 

If any provision of these Terms is found to be unlawful, void, or unenforceable by a court or  arbitrator, that provision shall be deemed severable and shall not affect the validity and  enforceability of the remaining provisions. The unenforceable provision shall be modified to the  minimum extent necessary to make it enforceable while preserving its intent, or if modification is  not possible, it shall be deleted. 

25.3 No Waiver 

The Company's failure to enforce any right or provision of these Terms does not constitute a waiver  of that right or provision. No waiver of any term shall be deemed a further or continuing waiver 

of such term or any other term. Any waiver must be in writing and signed by an authorized  representative of the Company. 

25.4 Assignment 

You may not assign, transfer, or delegate these Terms or your rights or obligations hereunder, in  whole or in part, without the Company's prior written consent. Any attempted assignment in  violation of this provision is void. 

The Company may freely assign or transfer these Terms and any rights or obligations hereunder,  in whole or in part, without restriction, including in connection with a merger, acquisition,  corporate reorganization, sale of assets, or by operation of law. These Terms bind and inure to the  benefit of the parties and their respective successors and permitted assigns. 

25.5 No Third-Party Beneficiaries 

These Terms are for the benefit of you and the Company only and are not intended to confer any  right or benefit upon any third party, except as expressly provided herein (such as indemnified  parties under Section 18). 

25.6 Force Majeure 

The Company is not liable for any failure or delay in performing its obligations under these Terms  due to causes beyond its reasonable control, including but not limited to acts of God, natural  disasters, war, terrorism, labor disputes, government actions, pandemics, utility failures, or internet  service disruptions. 

25.7 Interpretation 

Section headings are for convenience only and do not affect the interpretation of these Terms. The  words "include," "includes," and "including" are deemed to be followed by "without limitation."  References to "writing" or "written" include email and electronic communications. 

25.8 Survival 

Provisions of these Terms that by their nature should survive termination shall survive, including  Sections 2, 9, 11, 16, 17, 18, 19, 22, and 25. 

25.9 Language 

These Terms are drafted in English. If these Terms are translated into any other language, the  English version controls in the event of any conflict or ambiguity.