Returns and Refunds Policy
1 - Returns and Refunds
We accept product returns for refund within 30 days of purchase. Unless a major defect is discovered with your item, it must be unused and in the same condition in which it was received to be eligable for a refund. Returned items must be in their original packaging and be accompanied by a receipt or proof of purchase to be refunded.
In special circumstances where a refund is not applicable, we may provide you with store credit or another means of discount instead.
If you really hate this product email us at firstname.lastname@example.org and we'll make sure to make it right.
2 - Refund process
Once your return is received and inspected, we will send you an email to notify you of the approval or rejection of your refund.
If your refund is approved, a credit will be applied to your original method of payment within 30 days.
3 - Late or missing refunds
If you don't receive your refund within the 30 day window, first contact your credit card provider and bank; there is often some processing time before a refund is posted.
We will be happy to provide information on the status of your refund at any time via any contact method listed on our contact page.
4 - Ineligibility of discounted items
We do not provide refunds of products that were purchased at a discount due to a sale or use of a promotional code at checkout.
5 - Exchanges
We replace items that are defective, damaged, or do not meet your expectations for any other reason. If you need to an item replaced via exchange, get in contact to describe the situation and mail your item to the address found on our contact page.
6 - Gifts
Returns of gifted items shipped directly to the recipient that meet our refund criteria are refunded with store credit.
Once a gifted item is received and its refund is approved, we will email a gift certificate to the recipient address.
7 - Shipping
The shipping cost associated with returning an item is the responsibility of the party returning the item.
1 - ACCESS TO THE WEBSITE AND THE PRODUCTS
THIS WEBSITE IS INTENDED FOR USERS TWENTY ONE (21) YEARS OF AGE OR OLDER. IF YOU ARE UNDER TWENTY ONE YEARS OF AGE, PLEASE EXIT THIS SITE IMMEDIATELY. A PARENT OR GUARDIAN WILL BE REQUIRED TO ACCESS THIS SITE FOR YOU.
BY PURCHASING ANY OF THE PRODUCTS, YOU REPRESENT THAT YOU ARE AT LEAST TWENTY ONE (21) YEARS OF AGE, OR THE LEGAL AGE REQUIRED BY THE STATE OP PROVIDENCE YOU ARE IN TO PURCHASE THE PRODUCTS, WHICHEVER IS GREATER.
2 - PRODUCT ORDER PLACEMENT
Orders of Products may be placed directly on the Website by following the purchase prompts. Your receipt of an order confirmation from us, in electronic or other form, does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not your credit card has been charged. If your credit card has been charged and your order is canceled, we will immediately issue a refund to your credit card account in the amount of the charge and notify you that your order was canceled. In addition, we may, in our sole discretion, limit the quantities that an individual or a household may purchase in a single order or in multiple orders, and we may impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion in compliance with applicable law.
All Product prices are listed on the Website on the applicable Product pages. Prices are in U.S. dollars and may change from time to time without notice. You agree to pay in full at the time of placing an order using any major credit card accepted by us. Prices listed are exclusive of federal, state, and local sales, use, excise, or similar taxes, or shipping fees, and you will be liable for such taxes and fees. All applicable fees and taxes, including shipping fees, shall be added to your order at the time of check out.
We us reliable third-party carriers such as UPS and Fed-Ex to delivery the Products to you. Shipping fees will be applied at the time of check out. All delivery times provided for in an order confirmation represent approximate delivery times, and actual delivery times may vary as a result of events outside of our control. We shall not be liable for any damages (including, without limitation, any incidental or consequential damages) arising from failure to deliver or delay in delivering the Products. You bear all risk of loss and damage to the Products from the time the Products leave our warehouse or fulfillment house. Delivery is deemed complete and title to the merchandise passes to you upon acceptance of shipment by a common carrier.
We want our customers to be happy with their purchases. If you are unhappy with your order, we will accept Product returns in accordance with our Product Return Policy which can be found at https://thetopical.co/terms and is incorporated herein by reference.
We attempt to be as accurate as possible with Product descriptions and prices. However, we do not warrant that Product descriptions or prices are accurate. We may change product descriptions and prices at any time. In the event that a Product is listed at an incorrect price or with incorrect information due to typographical error, error in pricing, or Product information error, we have the right to refuse or cancel any orders placed for Products listed at the incorrect price or with incorrect information. We have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card has been charged. If your credit or debit card has already been charged for the purchase and your order is cancelled, we shall immediately issue a refund to your credit card account in the amount of the charge and advise you of the canceled order.
3 - INTELLECTUAL PROPERTY
The Website may contain material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other material provided by or on behalf of us (collectively referred to as the “Content”). The Content may be owned by us or licensed to us by third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
The trademarks, service marks, and logos used and displayed on the Website may be registered and/or unregistered trademarks or service marks of ours or our licensors (collectively, the “Trademarks”). Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the Trademarks inures to the benefit of us or our licensors.
4 - COMMUNICATIONS WITH US
Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all e-mails and communications you send to us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you.
5 - DISCLAIMERS; LIMITATION OF LIABILITY
6 - DISCLAIMER OF WARRANTY
THE WEBSITE AND ALL PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE HEREBY DISCLAIM ALL WARRANTIES RELATING TO THE WEBSITE AND THE PRODUCTS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
7 - HEALTH DISCLAIMER
NONE OF THE PRODUCTS OR ANY STATEMENTS ON THE WEBSITE HAVE BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION (“FDA”). THE PRODUCTS ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE. THE INFORMATION ON THE WEBSITE OR OTHER MATERIALS WE MAY PROVIDE TO YOU ARE FOR INFORMATIONAL PURPOSES ONLY, AND THE INFORMATION IS NOT INTENDED FOR THE PURPOSE OF PROVIDING MEDICAL ADVICE. PLEASE CONSULT A PHYSICIAN BEFORE USING ANY OF THE PRODUCTS, ESPECIALLY IF YOU ARE PREGNANT OR NURSING, TAKING ANY MEDICATION, OR HAVE A SERIOUS MEDICAL CONDITION.
8 - LIMITATION OF LIABILITY
IN NO EVENT SHALL WE BE LIABLE (I) IF YOU OR ANYONE TO WHOM YOU PROVIDE ANY PRODUCT IS EXPOSED TO OR COMES INTO CONTACT WITH ANY ITEM THAT YOU OR THE OTHER PERSON IS ALLERGIC TO; (II) FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITE OR ANY PRODUCT, OR RELIANCE ON INFORMATION CONTAINED ON THIS WEBSITE, ANY ACCURACY OR OMMISSION IN SUCH INFORMATION OR FAILURE TO KEEP THE INFORMATION CURRENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (III) FOR DIRECT DAMAGES IN EXCESS OF THE AMOUNT PAID BY YOU TO US IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE CLAIM.
9 - EXTERNAL SERVICES
The Website may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content or products available through such External Sites. The External Sites may offer third-party goods and services (the “Third Party Products”), and you acknowledge and agree that: (i) we do not manufacture or sell the Third Party Products and thus have no control over the quality, safety, legality or efficacy of any Third Party Product; (ii) we have no involvement in any transaction involving any Third Party Products; and (iii) we shall have no liability with respect to any Third Party Product or any transaction or interaction between you and the provider of any Third Party Product.
The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
10 - INDEMNIFICATION
You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement, or your negligence or willful misconduct. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
11 - COMPLIANCE WITH APPLICABLE LAWS
The Website is based in the United States and the Products are intended for sale in the United States. We make no claims concerning whether any Products may be purchased, or whether any Content may be downloaded, viewed, or be appropriate, for use outside of the United States. If you access or use the Website or any Product from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
12 - TERMINATION OF THE AGREEMENT
We reserve the right, in our sole discretion, at any time and for any reason, without prior notice or liability, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Website and your ability to purchase any Products. We reserve the right to change, suspend, or discontinue all or any part of the Website and to stop selling any or all Products, at any time without prior notice or liability.
13 - MISCELLANEOUS
This Agreement and any action related thereto will be governed by the laws of the State of Colorado without regard to its conflict of laws provisions. Except for proceedings commenced by us to protect our intellectual property or confidential information which may be brought in any court of competent jurisdiction, the parties mutually agree that any and all disputes arising hereunder shall be resolved exclusively by state or federal courts located in the State of Colorado. The following provisions will survive any expiration or termination of this Agreement: “Intellectual Property,” “Communications with Us,” “Disclaimers; Limitation of Liability,” “Compliance With Applicable Laws,” “Indemnification,” “Termination of the Agreement,” and “Miscellaneous.”
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.
1 - Acceptance of Terms
2 - Scope of this policy
The Website is operated by Topical in the United States (US). If you are located outside of the US, please be aware that any information you provide to us may be transferred to, processed, maintained, and used on computers, servers, and systems located outside of your home country, where the data protection laws may not be as protective as those in your jurisdiction. Your decision to provide such data to us, or allow us to collect such data through the Website, constitutes your consent to this data transfer.
3 - Information We Collect and How We Use It
4 - Contact Information
We collect contact information on the Website when you contact us, request a copy of our newsletter, or purchase any Product(s); contact information typically includes your name, email address, postal address, and any information you provide in messages to us (e.g., via the Contact page). We use such contact information to respond to your inquiries, provide you with requested information, send you an electronic copy of our newsletter, assist in processing orders, or to contact you for the purpose of direct marketing of our current and future products and/or services.
5 - Billing Information
If you wish to purchase a Product, you will be required to provide certain additional information, which may include a debit or credit card number, expiration date, card verification value, and similar information (“Billing Information”). Billing Information is collected and processed by our third-party payment processor operating as our agent (See, Sharing with Third Parties). While Topical may obtain and process your Billing Information, we do not store it.
6 - From Your Activity
In an ongoing effort to improve the Website, we automatically collect certain information regarding the activity of visitors to our Website. This information includes the device from which you access the Website, your IP addresses, browser type and language, referring and exit pages and URLs, date and time, amount of time spent on particular pages, what sections of the Website you visit, and similar information concerning your use of the Website.
7 - From Cookies
Cookies are small packets of data that a website stores on your computer's hard drive so that your computer will "remember" information about your visit. If you do not want us to place a cookie on your hard drive, you may be able to turn that feature off on your computer or mobile device. Please consult your Internet browser's documentation for information on how to do this. However, if you decide not to accept cookies from us, the Website may not function properly.
8 - Third-Party Analytics
Google Analytics: https://www.google.com/analytics
9 - Aggregate Data
In an ongoing effort to better understand our users and the Website, we might analyze your information in aggregate form to operate, maintain, manage, and improve the Website. This aggregate information does not identify you personally. We may share this aggregate data with our affiliates, agents, and business partners. We may also disclose aggregated user statistics in order to describe our products and services to current and prospective business partners and to other third parties for other lawful purposes.
10 - Sharing with Third Parties
We may engage other companies and individuals to perform certain business-related functions on our behalf. Examples may include marketing assistance, payment processing, and cloud hosting providers. These other companies will have access to the personal information only as necessary to perform their functions and to the extent permitted by law. We may also share your personal information with any of our parent companies, subsidiaries, affiliates, or other companies under common control with us for the purposes described herein.
11 - Business Transfers
12 - Disclosure to Public Authorities
We are required to disclose personal information in response to lawful requests by public authorities, including for the purpose of meeting national security or law enforcement requirements. We may also disclose personal information to other third parties when compelled to do so by government authorities or required by law or regulation including, but not limited to, in response to court orders and subpoenas.
13 - Personal Information Rights
14 - Opt Out for Direct Marketing
You may opt out at any time from the use of your personal information for direct marketing purposes by sending us an email at email@example.com.
Where provided, you may also manage your receipt of marketing communications by clicking on the "Unsubscribe" link located on the bottom of a Topical marketing email and following the instructions found on the page to which the link takes you.
You cannot opt out of receiving transactional or administrative e-mails. Where you have opted out of direct marketing as set forth herein, please allow us a reasonable time to process your request.
15 - Retention of Personal Information
16 - How We Protect Your Information
17 - Children
18 - California Privacy Rights
Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to obtain certain information about the types of personal information that companies with whom they have an established business relationship (and that are not otherwise exempt) have shared with third parties for direct marketing purposes during the preceding calendar year, including the names and addresses of those third parties, and examples of the types of services or products marketed by those third parties. If you wish to submit a request pursuant to Section 1798.83, please contact Topical via email firstname.lastname@example.org.
In addition, Topical does not monitor, recognize, or honor any opt-out or do not track mechanisms, including general web browser “Do Not Track” settings and/or signals.
19 - External Websites
21 - How to Contact Us