Terms and Conditions

ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS AND USE AND SALE

Spa Scotta (referred to as "us" or "we") provides the SpaScotta.com website and related products and services (together referred to as the "Site") subject to these terms and conditions (the "Terms of Use"), as well as any policies or guidelines referenced in these Terms of Use, or other written agreement between us.
BY ACCESSING THIS SITE, PLACING AN ORDER AND/OR BY COMPLETING THE REGISTRATION PROCESS, YOU AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ORDER GOODS OR SERVICES FROM THIS SITE AND MUST EXIT THIS SITE IMMEDIATELY.
These Terms of Use supersede all prior Terms of Use with respect to the Site, the content, orders, and products or services provided through the Site. We reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site and these Terms of Use periodically and to be aware of any modifications. Your continued use of this site after such modifications will constitute your acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.

PRIVACY

Please review our Privacy Policy, which also governs your visit to SpaScotta.com, to understand our practices.

ELECTRONIC COMMUNICIATIONS

When you visit SpaScotta.com, place an order or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. 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.

REGISTRATION DATA AND PRIVACY

In order to access some of the services on this site or to order products, an account and password are required. You can register by completing our online registration form, which requests certain information and data ("Registration Data"). By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.
You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account or password. SpaScotta.com does not sell products to children. If you are under 18, you may not order from SpaScotta.com.
You also grant us the right to disclose to third parties certain Registration Data for the purposes of processing your order and providing the services or products ordered. The information we obtain through your use of this site, including your Registration Data, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms of Use.

All content, graphics, images, design, logos, data compilation and other works related to the Site is the property of SpaScotta.com or its affiliates and suppliers, and are protected under United States and international copyright laws. You are granted a limited, nonexclusive license to view, print or download by page caching the Site for your own personal use and not for republication, distribution, sale, preparation of derivative works or other use.

TRADEMARK AND SERVICE MARKS

SPA SCOTTA, SPASCOTTA.COM, and the logos and graphics on the Site are trademarks or service marks of Spa Scotta, LLC. Other product and company names appearing on the Site are the trademarks and service marks of their respective owners.

THIRD-PARTY SITES AND INFORMATION

This Site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials, products or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.

TERMS AND CONDITIONS OF SALE

a.U.S. Sales Only

Purchases from SpaScotta.com are available only in the United States and are not available in any other location. We will only ship to domestic addresses.

b.Refund Policy

Except where expressly indicated on certain skin care products, all sales are final. Damaged products will be replaced upon return to SpaScotta.com or its retail store, at your own expense, along with your receipt or invoice.

c.Payment Methods

SpaScotta.com accepts credit cards and Spa Scotta Gift Cards as forms of payment. If a credit card company is being used for a purchase, Spa Scotta may obtain a pre-approval from the credit card company for an amount up to the amount of the order. Billing to your credit card occurs at the time of purchase or shortly thereafter. If the balance from a Spa Scotta Gift Certificate is used for a purchase, the amount is deducted from your Gift Certificate (as the case may be) at the time of purchase. If the total amount of the purchase is greater than the balance available in your Gift Certificate your credit card will be charged for the balance. SpaScotta.com accepts the following credit cards: Visa and MasterCard.

d.Sales and Other Tax

Purchases from SpaScotta.com may include sales tax, where applicable. You are solely responsible for any use or other taxes

e.Shipping and Risk of Loss

All items purchased from SpaScotta.com 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 our carrier. Shipping options, estimate delivery times and costs will be provided to you during the order process.

DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY SPA SCOTTA OR ITS AFFILIATES OR SUPPLIERS ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
SPA SCOTTA AND ITS AFFILIATES AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SPA SCOTTA AND ITS AFFILIATES AND SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
SPA SCOTTA, ITS AFFILIATES AND SUPPLIERS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms of Use, your use of this Site or from any information, content, materials, products or services included or otherwise made available to you through this site shall be limited to the amount you paid us for the product or service.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD-PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OR SHIPMENT OF ORDERS.

APPLICABLE LAW

By visiting SpaScott.com or ordering products or services, you agree that the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Spa Scotta or its affiliates and suppliers.

DISPUTES

Any dispute relating in any way to your visit to SpaScotta.com or to products or services you purchase through SpaScotta.com shall be submitted to confidential arbitration in Seattle, Washington, except that, to the extent you have in any manner violated or threatened to violate Spa Scotta's intellectual property rights, Spa Scotta may seek injunctive or other appropriate relief in any state or federal court in the state of Washington, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

PARTICIPATION IN PROMOTIONS

From time to time, this Site may include advertisements or promotions offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this Site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties, or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation, or responsibility for any part of any such correspondence or promotion.

FORCE MAJEURE

In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

SEVERABILITY

If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

NO WAIVER

Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.