Terms of service

 

WELCOME/INTRODUCTION

 

Welcome to the website of Gotji Beauty, LLC (“Gotji”, “Gotji Beauty”, “gotji”) located at www.gotjibeauty.com (or any successor URL).  Please carefully review the following terms and conditions of use (“Terms”), which set forth the legally binding terms of use between you and us when you access and use our website, services, or content (collectively, the “Site”) and when your purchase or use our cosmetics or other products from the Site (collectively, the “Product(s)”).  Your use of the Site is conditioned upon acceptance of and compliance with these Terms.  By accessing the Site, you are signifying that you have read, understand, and agree to be bound by all of the terms, conditions, and guidelines set forth in these Terms, including our Privacy Policy, and any updates, without limitation or qualification. 

 

OF NOTE, THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION AND WAIVER OF CLASS ACTIONS AND JURY TRIALS THAT REQUIRES THAT ANY DISPUTES WITH GOTJI OR ITS AFFILIATES MUST BE RESOLVED THROUGH INDIVIDUAL ARBITRATION; YOUR LEGAL OPTIONS IN THE EVENT OF A DISPUTE MAY BE LIMITED.  If you do not agree with any part of these Terms, then you do not have permission to access or use the Site, or purchase, receive, or use our Products. Certain areas, activities, or services within the Site are governed by additional terms and policies.  By using those areas, activities, or services, you agree to such additional terms and policies.

 

By accessing or using the Site, you represent and warrant that you are of legal age to form a binding contract (or have the consent of a parent or guardian who is of legal age) and you represent and warrant that you have read, understood, and agree to be bound by these Terms, as updated from time to time.  Your right to access and use the Site and the Products are subject to your continued compliance with these Terms and all applicable laws, and will terminate immediately, without any further action by Gotji, if you breach these Terms.  These Terms are also incorporated by reference into our Privacy Policy.  Throughout the Site and these Terms, the use of “we,” “us,” or “our” refers to Gotji and “you” or “your” refer to you.  For the purposes of the Terms, references to “Gotji” includes our respective officers, directors, agents, partners, managers, employees, members, affiliates, designees, subsidiaries, licensees, predecessors in interest, content or service providers, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms or any prior agreements between you and us.

 

RIGHT TO CHANGE THE SITE

 

Gotji strives to ensure that the content of the Site is accurate and complete, but we reserve the right to change or modify any of the terms or conditions contained in these Terms at any time, without notice, and in our sole discretion.  We reserve the right to modify, remove, or suspend the Site or any service, content, feature, information, link, or product offered through the Site, or terminate your right to access or use any portion of the Site, with or without notice, at any time in our sole discretion.  As an express condition to your use of and access to the Site, you agree that we shall not be liable to you or to any third party for any modification, removal, suspension, or restriction of any part of the Site.  If we suspend or discontinue any part of the Site or terminate your account, we are not responsible for providing you with any information or content.  You acknowledge that there is no guarantee that the Site, its features, or any products or services will always be available or continue without interruption.  We may also delete your preferences and other data linked to your account.  You have no recourse with regard to any information that we delete regardless of any value you may ascribe to such information.  We expressly disclaim any value you may attribute to any of your information stored on our servers.

 

If we make material changes to these Terms, we will provide notice of such changes by posting the updated Terms on the Site or by email.  Any changes or modifications to these Terms will be effective upon posting of the updated revisions, will replace the prior version, and are applicable to any future disputes between the parties, regardless of when the disputed interactions arose.  Your continued use of the Site in any way after such notice has been provided constitutes your acceptance of the revised Terms and all of the terms incorporated therein by reference.  We recommend you review the Terms frequently to ensure your understanding of the terms and conditions that apply when you access the Site or order, receive or use the Products.  If you do not agree to the revised Terms, you are free to reject them, but in that case you may not access or use the Site or order, receive or use the Products.

 

THE SITE AND ITS CONTENT

 

Gotji has created a Site offering products and information with an approach to beauty that combines lifestyle, science, and wellness.  The content and information on the Site are for informational purposes only.  They are not intended to replace the advice of your qualified healthcare professional or provide any medical advice to diagnose, treat, cure, eliminate, or prevent any disease, medical condition, or any other medical risks or health issues.  You are solely responsible for your decisions and agree not to rely on the Site’s content as a substitute for advice from a licensed medical professional.  You should never ignore or delay getting personalized medical attention because of something you read on the Site.  You understand and accept that delaying or avoiding professional medical care based on content found here may involve significant risks, including but not limited to impairments or detriments to your health.   The links and other information on the Site are for informational purposes and do not constitute medical advice.  It is your obligation to consult with your qualified healthcare provider to receive personalized advice and to follow all safety instructions before using any product, especially if you are undergoing treatment of another condition, pregnant, breastfeeding, or if you have any unique or special medical needs.  Without intending to revise or limit the foregoing language in this section, the obligation rests solely and exclusively with you to seek out the advice of your own qualified medical professional before determining if a product, information on our Site, or action is suitable for you and your individual health needs.  If you are experiencing a medical emergency, call 911 or your local emergency number immediately.

 

PRIVACY POLICY

 

We respect the privacy of your personal information. Please view our Privacy Policy  for more information on how we use, share, and protect your information.

 

ACCOUNT REGISTRATION, ACCESS TO, AND USE OF THE SITE

 

You must be at least 18 years of age (or the age of legal majority in your jurisdiction) to use our Site. If you are not of legal age to form a binding contract in your place of residence, you must have the permission of your parent or legal guardian who agrees to be bound by these Terms.  If you are a parent or legal guardian of a user under the age of legal majority, you agree to be fully responsible for the acts or omissions of such user in relation to our Site.  If you use our Site on behalf of another person: (a) all references to you throughout these Terms will include that person; (b) you represent that you are authorized to accept these Terms on behalf of that person; and (c) in the event you or that person violates these Terms, that person agrees to be responsible to us.

 

To view information on our policy regarding the privacy of children under the age of 13, please see our Privacy Policy.  Pursuant to 47 U.S.C. Section 230(d) as amended, Gotji hereby notifies you that parental control protections (such as computer software or filtering services) are commercially available and may assist you in limiting minors access to harmful material.

 

Your use of the Site is completely voluntary and for your own benefit.  You shall not be entitled to compensation of any kind from Gotji for such use.  Your use of the Site requires appropriate telecommunication links.  We shall have no responsibility or liability for any costs or expenses incurred in connection with your use of the Site.  You are solely responsible for all costs, including but not limited to computer, internet access, and any other expenses that flow directly or indirectly from your use of the Site.

 

You do not need to create an account to use the Site, receive content or other marketing information, or to purchase products on the Site.  If you choose to create an account on our Site, you represent and warrant that the information you provide us is accurate, complete, and current at all times. To create an account on the Site you must enter your first name, last name, email address, and create a password.  By obtaining an account you affirm that you will follow the Terms and your registration constitutes your consent to enter into agreements with us electronically.  By registering for an account, you consent to the transmission of your information--including personal information as defined in our Privacy Policy (such as your name, email, phone number, shipping and billing address, and payment information) to Gotji, its agents and third-party partners. You also consent to their collection, storage, processing, transmission, and the use of this information for the Site’s functionality, including processing payment, administrative purposes, and for any other purpose permitted or required by law.  If the Site allows you to link your account to any social networking or other online accounts, you may only link accounts you own.  By linking these accounts, you expressly authorize us to access, use, and where necessary, store information from those third-party accounts on your behalf.

 

You are responsible for keeping your account and password confidential, including, but not limited to, restricting access to your device and account. You may not share your account credentials with any other party or use anyone else’s account. Your password must be strong and secure. You must notify us in writing immediately if you become aware of any security breach or unauthorized use of your account.  Unless you close your account or report misuse to us in writing, you will be solely responsible for all acts and omissions and all obligations made by you or through your account (including, but not limited to, any purchases).  If you allow others to access your account in violation of these Terms, you agree to be responsible for ensuring their compliance with these Terms.  You agree to indemnify and hold harmless Gotji from any damages arising out of or in relation to the use of your account.  Gotji is not responsible or liable for any losses resulting from unauthorized account use. Without limiting any other rights we may have, we reserve the right to take any actions we consider necessary to protect the security of the Site and your account, including but not limited to terminating your account, changing your password, or requiring additional information to verify account activity. 

 

By submitting your email address on our Site, you consent to receive marketing or promotional materials, notices, and other communications via the email address you provided. You agree to keep your contact information up to date to ensure you receive important notices. You may unsubscribe from these communications or terminate your account at any time by following the unsubscribe link or instructions included in our emails.  Please allow 72 hours for termination to take effect.  Following termination, you will not receive further communications from us unless you re-register.  Our rights under these Terms will expressly survive account or access termination.

 

Certain areas of our Site, including these Terms, may include guidelines, rules, or policies (collectively, the “Rules”) related to community engagement.  Comments or content submitted by third-party users do not necessarily reflect our views.  Our Terms and Rules do not apply to companies not owned or controlled by Gotji or to individuals not employed or managed by Gotji.

 

The Site may contain links to third-party websites or third-party content, and third parties may also link to our Site.  Gotji does not monitor, approve, or control third-party websites or their content, and the inclusion of such links does not imply any affiliation, endorsement, or relationship between Gotji and those third parties. We do not guarantee the accuracy, completeness, or reliability of any third-party sites or content including but not limited to products, product descriptions, opinions, information, offers, services, or external websites.  We expressly disclaim any responsibility or liability related to any third-party websites or content. Your use of any third-party content or website is entirely at your own risk. You are encouraged to review the terms and privacy policies posted on any third-party site you visit. Any terms, warranties, or representations found on such sites are strictly between you and the third-party provider.

 

Gotji may collect non-personal information—data that does not directly identify you—such as device identifiers, operating system details, usage performance, time zone, and general location. This data helps us better understand user behavior and improve our services. Gotji may use, transfer, or disclose non-personal information for any purpose.  We employ physical, administrative, and technical safeguards to protect your data and personal information.  However, while we follow industry standards, we cannot guarantee that your communications or data will never be unlawfully intercepted or accessed by unauthorized third parties. In order for us to provide our services, you agree that we may process, transfer and store your information to the United States or other countries, where you may not have the same rights and protections as you do under local law. For more details, please see our Privacy Policy.  Subject to these Terms, our Privacy Policy, and applicable law, Gotji will retain your data and personal information as needed to comply with its legal obligations, resolve disputes, and enforce its agreements. 

 

Gotji reserves the right, in its sole discretion and without notice, to terminate or restrict your access to the Site or any part of it at any time.  These Terms and the User License will remain effective until terminated by Gotji. If you violate these Terms, your rights may be terminated automatically, without notice. Upon termination, you may no longer access the Site, and Gotji is not liable for any resulting loss or damages.  All terms herein intended to survive termination (including, without limitation, limitations of liability and dispute resolution), shall so survive.  

 

WHAT YOU AGREE TO DO AND NOT DO

 

By accessing or using the Site, Products, or any features or services offered, you agree to use them solely for lawful purposes and in accordance with these Terms. You are fully responsible for your conduct and any consequences resulting from your use of the Site.

 

By using the Site, you represent and warrant that:

you are at least 18 years of age (or have the consent of a parent or legal guardian) and have all necessary legal capacity and authority to enter into and be bound by these Terms;

• you will use the Site only for lawful purposes and will not violate any applicable laws, rules, regulations, code, orders, torts, rights (including, but not limited to, intellectual property, data, trademark, and export laws) or the like having the force of law of any applicable jurisdiction;
• you will not access or use the Site for any unauthorized or fraudulent purposes;
• you will only register for one account and not register for an account on behalf of any other person, group, or entity without appropriate authorization;
• you are not prohibited from using the Site under the laws of the United States, your place of residence, or any other applicable jurisdiction;
• you have the legal right to use any payment method provided;
• all information you provide is true, accurate, and complete, and you will use your real name when registering;
• you are responsible for maintaining the confidentiality and security of your account;
• you will comply with any applicable third-party terms when using the Site;
• you will not attempt to access any secure or non-public areas of the Site without our express permission;
• you will not engage in or promote any activity that is fraudulent, unlawful, or violates the rights of Gotji or any third party;
• you will abide by all requirements of Gotji, including, but not limited to, these Terms, our Rules, and our Privacy Policy. 

 

You agree that you will not, directly or indirectly:

• submit false, unauthorized, obscene, offensive, or misleading information;
• interfere with or attempt to interfere with the operation or security of the Site or its infrastructure;
• knowingly or recklessly use, deliver, or transmit any viruses, malware, unsolicited emails, trojan horses, trap doors, back doors, worms, time bombs, cancelbots, or any other software, whether harmful or not, to the Site;
• copy, reproduce, modify, add to, create derivative works of, alter, publicly distribute, republish, reverse-engineer, decompile, disassemble, download, archive, upload, post, transmit, publicly perform or display, disclose, license, index, transfer, sell, mirror, frame, “deep link,” scrape, data mine, extract, exploit, or otherwise use any content or other technology, services, information, or material obtained from or through the Site, either directly or through the use of any device, software, internet site, web-based service or other means, without our prior express written permission;
• hack, tamper with, impair, damage, attack, disable, exploit, negatively affect, inhibit, detrimentally interfere with, surreptitiously intercept, penetrate, or expropriate the Site or any of the Gotji system, network, data, or personal information;
• attempt to interfere with the proper working of the Site or take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
• develop or use any applications that interact with our Site without our prior written consent;
• divert our Site from its intended purpose(s) or otherwise attempt to interfere with or compromise the system integrity or security of Gotji or any connected networks, or take any action to impact the proper operation of the Site;
• use the Site to further any business or commercial purpose;
• collect any personally identifiable information from users without our prior express written permission;
• remove, alter, bypass, avoid, interfere with or circumvent any copyright, trademark or other proprietary notices marked on the content or any digital rights management mechanism, device or other content protection measures either directly or through other means;
• use our Site in a way that violates the intended use, impairs others’ experience, or facilitates prohibited content or activity;
• encourage or assist others in violating these Terms.

 

Gotji reserves all rights not expressly granted in and to the Site.

 

END USER LICENSE

 

Gotji grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Site for your personal and non-commercial use only.  This is strictly limited to viewing the Site, purchasing products, submitting information to the Site, and downloading product information for your own personal review in accordance with these Terms (“User License”).  You may only use the Site and Products in the way it is intended to function and only in accordance with these Terms and all applicable federal, state, local, and international laws, rules, and regulations.  Gotji does not grant you any other rights whatsoever beyond this license. All other rights are expressly reserved by Gotji.  Your use of the Site does not create any legal relationship with Gotji other than that of a permitted user. No agency, partnership, joint venture, employment, or franchise relationship is created between you and Gotji unless expressly stated in these Terms.  The license granted to you will automatically terminate if you fail to comply with these Terms.  

 

OUR RIGHT TO USER CONTENT

 

We welcome user comments, feedback, opinions, ideas, images, text, audio, video, testimonials, and other submissions (“User Content”).  We and our designees reserve the unrestricted right to use, transfer, remove, modify, or otherwise dispose of any and all User Content submitted to the Site, without notice and without any obligation to compensate you or any other party.  This section relates solely to intellectual property rights in User Content. It does not affect your rights with respect to personally identifiable information, which will be collected, used, and shared strictly in accordance with our Privacy Policy. 

 

By submitting User Content, and subject to our Privacy Policy, you acknowledge and agree that all User Content you submit will be treated as non-confidential and non-proprietary to you and may be viewed by you and/or other users of this Site.  Gotji has no obligation to keep your submission confidential and disclaims all responsibility and liability for User Content, including any misuse or republishing by third parties.  We have no obligation to monitor, use, respond to, display, compensate, or credit you for any User Content you submit.  You will fully and unconditionally hold harmless, release, and forever discharge Gotji from any and all claims, demands, and damages (actual or consequential, direct or indirect) arising from or related to: disputes between you and other users or third parties, and Gotji’s use of your User Content in accordance with these Terms, including any alleged infringement of intellectual property, privacy, publicity, or “moral rights.”

 

If you want to keep any ideas or materials confidential or proprietary, do not post or submit them to the Site. You understand and accept that Gotji may, but is not obligated to, investigate reports of non-compliant User Content and may, at its sole discretion, take any action it deems appropriate.

 

By submitting User Content, you represent and warrant that:

• you are 18 years of age or older;
• you own or otherwise control any and all necessary rights to the User Content that you submit or store and that our public posting and use of that User Content will not infringe or violate the rights of any third party in any manner;
• your User Content, and our use of such User Content as permitted by these Terms, will not cause injury to any person or entity;
• you have obtained permission from any individuals (including minors, if you are the legal guardian) that appear in the User Content to use, and grant others the right to use, their name, image, voice and/or likeness without the need for payment to you or any other person or entity;
• you have voluntarily waived any moral rights that you may have in such User Content, and you do not require that any personally identifying information be used in connection with the Content that you submit, or any derivative works of or upgrades or updates thereto;
• you are solely responsible for any content you provide and your interactions with other users;
• if your User Content is based on the use of specific products, you actually used the referenced products accordingly with the instructions, you shared a fair representation of the actual performance and appearance of the products you used, and you did not use any tools, special effects, or any other method to materially enhance or alter the performance or appearance of such products;
• any endorsements or testimonials reflect your true experiences and honest opinions and comply with the Federal Trade Commission’s Guides on the Use of Endorsements and Testimonials in Advertising, including clear and conspicuous disclosure of any incentives, compensation, or material connections;
• your User Content is lawful, respectful, and complies with these Terms.

 

You retain ownership of your User Content. However, by submitting or posting any User Content, you grant Gotji a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable, and sublicensable license to:

• use, copy, reproduce, modify, adapt, publish, translate, distribute, perform, display, create derivative works from, and otherwise exploit your User Content (in whole or in part) without any credit, attribution, notice, approval, consideration or compensation to you;
• use your name, likeness, handle/username, and any associated profile information as submitted in connection with the User Content;
• display your User Content across any and all media formats, channels, and technologies now known or hereafter developed, for any purpose, including commercial, marketing, or promotional uses.     

 

You also grant each Site user a non-exclusive license to access, use, and interact with your User Content via the Site in accordance with these Terms.  We are not responsible for any user’s misuse or misappropriation of any User Content you post on the Site.  If you do not wish to grant these rights, you should not submit User Content to the Site.

 

You represent and warrant that you will not post any User Content that:

• is unlawful, fraudulent, libelous, defamatory, negligent, misleading, untrue, false, seditious, inflammatory, obscene, harassing, abusive, threatening, stalking, hateful, harmful, discriminatory, malicious, offensive, suggestive, predatory, tortious, or otherwise objectionable;
• contains viruses, malware, or other harmful or disruptive elements that could in any way affect the operation of our Site;
• creates liability or offers medical advice;
• infringes on any third-party rights (including but not limited to copyrights, trademark, privacy, publicity, personality, contract, statutory, or any other intellectual property or proprietary rights);
• includes false or misleading claims, disinformation, misinformation, impersonations, or personal/confidential information of others;
• violates any law or promotes illegal activities;
• contains unauthorized promotional materials, spam, or commercial content;
• in Gotji’s sole judgment, violates these Terms or is otherwise inappropriate.

 

Gotji is a passive host of User Content and all User Content is provided “as is,” and you acknowledge that it may contain inaccurate, offensive, or objectionable material.  Your only remedy is to discontinue viewing such content. If you believe User Content violates these Terms, you may report it by contacting us at hello@gotjibeauty.com. 

 

Gotji does not endorse or guarantee any User Content or third-party opinions posted on the Site, nor does it make any representations or warranties regarding its accuracy, reliability, timeliness, completeness, usefulness, or quality.  Gotji takes no responsibility and disclaims all liability for user conduct and User Content.  To the fullest extent permitted by law, you agree to indemnify, hold harmless, and release Gotji from any and all liability, claims, losses, or damages arising out of or in connection with your User Content, including any claims of infringement, defamation, misappropriation, or breach of rights of publicity, privacy, or moral rights.  Gotji reserves the absolute right—but not the obligation—to monitor, screen, remove, refuse, block, move, or edit any User Content, at any time, for any reason or no reason, without notice or liability. 

 

The rights and licenses granted to us under these Terms will continue to apply even after termination of your use of the Site or these Terms.  We reserve the right, at our sole discretion, to enforce this section as we see fit. This includes taking actions to determine whether a violation has occurred and to cooperate with law enforcement or comply with any applicable law, regulation, legal process, or governmental request.  Any actions that compromise or attempt to compromise the security or integrity of our systems or networks may result in civil or criminal liability, and we reserve the right to pursue all available legal remedies in response to such violations. Our decision not to enforce any part of these Terms in a particular instance does not waive our right to enforce them in other situations.  Please note that this section does not create any private right of action for any third party.  Additionally, it does not guarantee that the Site will be free of content that may violate these Terms.  You acknowledge that Gotji may preserve and disclose User Content if required to do so by law or in good faith to protect its rights, comply with legal process, or enforce these Terms.

 

PROPRIETARY RIGHTS 

 

As between you and Gotji all content, features, and materials on this Site—including, without limitation, trademarks, service marks, patents, copyrights, trade names, trade secrets, logos, product names, text, images, video, audio, slogans, designs, illustrations, icons, graphics, and the compilation thereof (collectively, the “Gotji Content”)—are owned, controlled, or licensed by Gotji and are protected by U.S. and international intellectual property laws.  Unless expressly authorized in writing by Gotji, you may not use, reproduce, distribute, modify, display, perform, publish, transmit, license, create derivative works from, sell, or exploit any part of the Gotji Content in any manner with Gotji’s prior express written consent. Nothing contained on the Site shall be construed as granting any license or right to use any Intellectual Property displayed on the Site without Gotji’s prior written permission.

 

You may download or copy materials from the Site solely for your personal, non-commercial use, provided you do not remove any proprietary notices or modify the materials in any way. You will be solely responsible for any damage to your device, system, or data loss that results from such downloads. No right, title, or interest in any downloaded materials is transferred to you as a result of such use.  Any unauthorized use of the Site or its content may violate copyright, trademark, proprietary, privacy, publicity, and other applicable laws and could subject you to civil or criminal liability. All rights not expressly granted are reserved.

 

ACCURACY OF CONTENT AND PRODUCTS ON THE SITE

 

We have made every effort to accurately describe and display product information.  However, the Site may contain inaccuracies, omissions, or typographical errors, including in pricing, product descriptions, specifications, availability, and images.  While we have tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.  We make no representations as to the completeness, accuracy, reliability, validity or timeliness of product listings, images, descriptions, or instructions on the site. Information regarding, and the availability of, any Product (including the validity of any coupon or discount) are subject to change at any time without notice. Gotji reserves the right to modify or discontinue any product, service, or feature offered on the Site at any time without notice. All products and services are offered subject to availability and are void where prohibited.

 

Any Products sold on or through this Site are intended for personal use only and may not be for resold, exported, or transferred to restricted countries, restricted end users, or for restricted end uses according to U.S. export and sanctions laws.  Prices are shown in U.S. dollars unless otherwise indicated, and applicable sales taxes or fees may be added at checkout.  All purchases are returnable and refundable pursuant to our return policy and any additional terms and conditions indicated at the time of purchase.

 

The content on this Site is provided for general informational purposes only. While we strive for accuracy, we do not guarantee that any Gotji Content is accurate, complete, or up to date. You rely on the Site, Gotji Content, and Products at your own risk.  Before making decisions based on the Gotji Content, we encourage you to consult other sources of information that may be more complete, timely, relevant, or accurate.  Gotji reserves the right to correct any errors, inaccuracies, or omissions and to update information at any time without prior notice.   We also reserve the right to cancel or modify orders affected by such errors.

 

INGREDIENTS, ALLERGY, AND USAGE DISCLAIMER

 

Please read this section before purchasing or using our Products.

 

We are committed to transparency and consumer safety.  We provide ingredient lists for every product, and we strongly encourage all customers to review them carefully before purchase and use.  All our cosmetic products are formulated with care using high-quality natural and synthetic ingredients.  While we strive to provide complete and accurate ingredient lists, formulas may change or vary slightly between batches. Product packaging and labeling may contain updated or additional information and may vary from what is shown on the Site. You should not rely solely on the information provided on this Site.  It is your responsibility to always refer to the actual packaging and labeling you receive before using any product.

 

It is your sole responsibility to ensure that any product you purchase does not contain ingredients that may trigger an allergic reaction or interact negatively with your medications or health conditions. While we take great care in sourcing and manufacturing, we cannot guarantee that our Products are free from trace amounts of allergens or ingredients that you may have sensitivities to.  By using our products, you acknowledge and accept this risk. 

If you have any known allergies or skin sensitivities, we recommend performing a patch test before full application. Apply a small amount to a clean area of skin and wait 24 hours. If any irritation or discomfort occurs, discontinue use immediately and consult a healthcare provider. 

 

All products should be used strictly in accordance with the instructions, precautions, warnings, and guidelines on the product packaging. Improper use of products may result in adverse effects. Use only as directed. Products are for external use only.  We recommend consulting with a qualified healthcare provider before starting any new product, especially if you:

• have known allergies or sensitivities;
• are pregnant or breastfeeding;
• take prescription or over-the-counter medications;
• have a medical condition or are undergoing medical treatment.

 

Your physician or health care practitioner should address any and all medical questions, concerns, and any unique precautions you may be advised to take before using our Products.  Do not disregard professional medical advice or delay seeking it because of something you have read on our Site.  Gotji is not responsible or liable for any adverse reactions, health issues, or damages resulting from ingredient sensitivities, product misuse, or failure to follow usage guidelines.  If you experience any adverse reaction or discomfort, discontinue use immediately and seek medical attention. If you are experiencing a medical emergency, call 911 or seek emergency medical care immediately.

 

Please note that the statements made about products on the Site have not been evaluated by the U.S. Food and Drug Administration or any other government agency.  Our Products are not intended to diagnose, treat, cure or prevent any medical condition or disease.  The results reported, if any, may not necessarily occur in all individuals. Any minor’s uses any of our Products should be only with the consent of the legal or parental guardian and appropriate consultations with the minor's qualified professional health care provider.

 

TERMS OF SALE

 

In order to make purchases on the Site, you must be at least 18 years old or have the permission of your parent or legal guardian.  You agree to provide information that is accurate, current, and complete, including your name, billing and shipping addresses, email address, and payment details. By submitting this information, you represent and warrant that you have the legal right to use any payment method provided.

 

By placing an order, you authorize us to share your information with third-party services for the purposes of transaction processing and fraud prevention.  Gotji does not control and is not responsible for the actions, services, data handling, or content of any third-party platforms, including Shopify (our e-commerce platform), PayPal, or Google Pay.  This Site is hosted on Shopify Inc., which provides the e-commerce platform we use to sell our Products. Your data may be stored through Shopify’s secure servers in accordance with its privacy and security practices. They store your data on a secure server behind a firewall. It is encrypted according to the requirements of the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction, then your purchase transaction information is deleted. For more information, please review Shopify’s Terms of Service and Privacy Policy. Similarly, if you use Google Pay or PayPal, you agree to be bound by their respective terms and privacy policies.  

 

Products are offered for personal use or gifting purposes only. Resale or commercial use is strictly prohibited. Gotji reserves the right to limit quantities per order, customer, or shipping address, at our sole discretion.

 

By submitting an order, you agree to be bound by the Terms in effect at the time of purchase. Orders are subject to acceptance and payment must be received before we will process or confirm an order. Prices and product availability are subject to change without notice. Although we strive for accuracy, we are not responsible for typographical or pricing errors.

 

Order acknowledgements do not constitute acceptance of your order. We will send an order confirmation email upon acceptance of your order. We reserve the right to refuse or cancel any order for any reason, including but not limited to: product unavailability, payment authorization failure, suspicion of fraud or unauthorized activity, or violation of these Terms. We may require verification of information prior to acceptance and fulfillment.  If we cancel your order after you have been charged or if you cancel an order before acceptance, we will issue a prompt refund of any payments made. In either case, we may attempt to notify you using the contact details provided at the time of purchase.

 

You agree to pay all applicable shipping and handling charges shown at checkout. Shipping estimates are not guaranteed, and Gotji is not liable for delays.  All shipments are made under a shipment contract, meaning title and risk of loss pass to you upon delivery to the carrier.  Claims for lost or damaged items must be made with the carrier.  Sales tax will be collected where required by law. The tax amount displayed at checkout may be adjusted based on applicable laws. If you qualify for tax exemption, you must provide a valid exemption certificate at the time of purchase.

 

We may occasionally offer pre-orders or allow you to subscribe to auto-replenishment services. By enrolling in an auto-refill subscription, you authorize recurring charges for the selected product(s) at the frequency and price in effect at the time of each shipment. You may cancel at any time. Pre-order and waitlist purchases are subject to the same terms as regular purchases.

 

We take reasonable care, insofar as it is within our control to do so, to protect your payment and order information. However, Gotji is not liable for unauthorized access unless caused by our gross negligence.  To learn more about how we collect, use, and protect your information, please see our Privacy Policy. 

 

By purchasing through the Site, you agree to these Terms of Sale. If you do not agree, do not complete your purchase. If legal action is necessary to collect unpaid amounts, you agree to reimburse Gotji for all related expenses, including reasonable attorneys’ fees.  We reserve the right to modify these Terms of Sale at any time. Your continued purchases after a change constitutes acceptance of the updated terms. If any provision of these Terms of Sale is held invalid or unenforceable by a court of competent jurisdiction, the other provisions of these Terms of Sale will remain in full force and effect.  Our failure to enforce any right or provision of these Terms of Sale does constitute a waiver of future enforcement of that right or provision.  These Terms do not create any third-party beneficiary rights.

RETURN POLICY

 

We hope that you are satisfied with your purchase. However, if for any reason you wish to return a Product purchased through the Site, you may do so within thirty (30) days of the purchase date for a refund, exchange, or store credit.  Please send our team an email at hello@gotjibeauty.com with “Return” in the subject line and include the order number, shipping zip code, list of product(s) being returned, and reason for return in the body of the message.  We may decline a return if it fails to meet these criteria.

 

Once we approve your return request, please ship back the returnable item(s) to us at: Gotji Beauty, 2 Overhill Rd, Ste 400, Scarsdale, NY 10583.  Returns must be mailed at your expense, and you must include a valid receipt to complete the process.  Gotji does not take title to the returned Products until they are received, so we recommend using a trackable shipping method.  We reserve the right not to offer refunds for products we do not receive.  Once the returned product has been received and processed, we will issue a refund in whatever format you selected when initiating the return—either the original form of payment or store credit. Please note that refund timelines may vary based on your payment provider and billing cycle.

 

If the Product was purchased with a Gift Card, Gotji will issue your refund as store credit.  If you are returning a gift, proof of purchase is required; the refund will be issued either to the original payment method or as store credit for the gift recipient.

 

The refund will include the purchase price of the returned Product and any applicable sales tax. Please note that shipping and handling costs are not refundable.  If we determine that a returned Product is not eligible for return, we are under no obligation to return it to you and assume no responsibility for such items.

 

We reserve the right to investigate and reject return requests that we believe are unfounded, excessive, abusive, or fraudulent. This Return Policy is subject to change at our sole discretion.

 

GIFT CARD TERMS

 

This section applies specifically to your purchase and use of gift cards (“Gift Cards”).  By purchasing or redeeming a Gift Card, you accept and agree to be bound by these Gift Card Terms.  Gift Cards may only be purchased through our Site and require a valid email address to send and receive.  Gift Cards may be redeemed only in the United States and solely for Products offered on our Site.  Promotional codes or discounts cannot be applied to the purchase of Gift Cards unless expressly stated otherwise.  Purchases made using a Gift Card may be subject to applicable sales tax. If the purchase amount, including tax, is greater than the Gift Card value, you are responsible for any balance owed.

 

Gift Cards do not expire. Gift Cards cannot be reloaded, resold, transferred for value or redeemed for cash, except to the extent required by law.  If a purchase made with a Gift Card is returned, the refund amount will be issued as store credit to the individual initiating the return. See our Return Policy for more details. The risk of loss and title for a Gift Card passes to the purchaser upon electronic transmission. We are not responsible for undeliverable, lost, stolen, or misused Gift Cards to due incorrect email entry or unauthorized use.  

 

We reserve the right to suspend or terminate or otherwise limit your ability to purchase, receive and/or use Gift Cards if you violate this Section, another provision of these Terms, or if we suspect fraudulent, abusive or unlawful activity associated with your purchase, account and/or your use of Gift Cards.  

 

CONTESTS, SWEEPSTAKES, AND PROMOTIONS

 

We may, at our sole discretion, occasionally offer discounts codes, contests, sweepstakes, or other promotions (collectively, “Promotions”).  Promotions may be subject to additional terms and conditions, which will be provided separately and govern the specific Promotion. If you participate in any Promotion, you agree to the applicable Promotion rules as well as our Terms and Privacy Policy.  If the rules for a Promotion conflict with these Terms, the Promotion rules will apply. We reserve the right at any time without notice to retract or change any Promotions. Unless otherwise stated, Promotions may not be combined with other offers or applied to subscriptions.  Eligibility and redemption conditions will be determined solely by Gotji.

 

You may also be invited to attend events sponsored by Gotji or held by third parties (“Events”). Your participation in such Events is entirely voluntary and at your own risk. Gotji makes no representations or warranties about the safety, legality, quality, accuracy, integrity, or reliability of any third-party Events or services.

 

PRIVACY AND COMMUNICATIONS

 

Notwithstanding anything else to the contrary contained in these Terms, Gotji’s use of any personally identifiable information (name, email, etc.) you provide via the Site shall be governed by our Privacy Policy.

 

CONSENT TO ELECTRONIC COMMUNICATION

 

By using this Site, providing your contact information, or interacting with Gotji, you consent to receive electronic communications from us, whether required by law or otherwise. These communications may include notices, disclosures, agreements, legal documents, or other information related to your use of the Site or our Products.  We may deliver such communications via email (to the address you provided) or posting notices on the Site, at our sole discretion.  You agree that any requirement that communications be in writing is satisfied by our delivery of them electronically. We are not responsible for spam filters, delivery issues, or email/network filtering that may affect your receipt of communications.

 

If you provide Gotji with your mobile phone number, you certify that you are the account holder or have permission to use the account and consent to receive text messages (SMS and MMS) from us, including order updates, promotional content, and other informational messages. Texts may be sent via an automatic telephone dialing system or prerecorded voice technology.  Consent to receive mobile messages is not required to use the Site or to purchase any Products.  Message and data rates may apply, depending on your mobile carrier and service plan.  You are solely responsible for paying any charges incurred from these messages, including those related to confirmation texts or responses you send.  To opt out of receiving future text messages, reply “STOP” to any message, or email us at hello@gotjibeauty.com with “Unsubscribe from SMS” in the subject line.  After opting out, you may receive a final confirmation message. No additional texts will be sent unless you re-subscribe.  For help, reply “HELP” to any message. 

 

You consent to us contacting you via telephone, including calls made using automated dialing systems, prerecorded messages, or artificial voice technologies for non-marketing purposes, such as order updates or account issues.  Phone calls may be recorded or monitored for quality assurance, training, and compliance purposes. By providing your phone number, you consent on behalf of yourself and others using your phone number to such recording and monitoring, and authorize us to contact you using that number unless and until you withdraw consent.

 

You agree to notify us of any changes to your mobile telephone number by clicking the “Manage Preferences” link at the bottom of any subscription or by reaching out to our customer experience team at hello@gotjibeauty.com with “update mobile number” in the subject line. Please note that certain mobile features may not be supported by all mobile devices or carriers.

 

DISCLAIMER OF WARRANTIES

 

You acknowledge and agree that your use of the Site and any Products is at your own risk.  The Site and Products are provided on an "as is" and "as available" basis, without any representation, warranties, or conditions of any kind.  We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.  To the fullest extent permitted by applicable law, Gotji and its officers, directors, agents, partners, managers, employees, members, affiliates, designees, subsidiaries, licensees, predecessors in interest, content or service providers, suppliers, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products (collectively, the “Gotji Parties”) expressly disclaim all warranties, either express or implied, including but not limited to:

• warranties of merchantability;
• fitness for a particular purpose;
• non-infringement and title;
• accuracy, completeness, reliability, usefulness, quality, availability, safety, privacy, compatibility, or timeliness;
• any warranties arising from course of dealing, usage of trade, or performance.

 

We do not warrant or guarantee:

• any specific results from the use of any Products—individual results may vary;
• that the Site, the server (s), or any content, service, feature, or function will be error-free, secure, timely, free of viruses or other harmful components, or uninterrupted;
• that defects will be corrected. 

 

IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO 90 DAYS FROM THE DATE OF FIRST USE.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN IMPLIED WARRANTIES, SO THIS LIMITATION OF LIABILITY MAY BE LIMITED BY APPLICABLE LAW AND CERTAIN USERS MAY HAVE ADDITIONAL RIGHTS NOT EXPRESSED HEREIN.  IN SUCH CASES, OUR WARRANTIES ARE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

 

While we strive to provide accurate and up-to-date information, the Site may contain technical inaccuracies, typographical errors, or missing or outdated information. We reserve the right to correct these at any time without prior notice, but are under no obligation to do so. No opinion, advice, or any other information, whether oral or written, obtained by you from Gotji or through the Site, shall create any warranty not expressly stated in these Terms.

  

If you are dissatisfied with the Site or any Products, your sole and exclusive remedy is to discontinue use. If a product is proven to be defective or not as described, our sole obligation will be to offer a replacement or refund, as determined at our discretion and in accordance with our Return Policy.

  

Products offered in the Site may contain ingredients or materials that could be dangerous if handled improperly.  You understand and acknowledge that the Gotji Parties are not liable for any personal injury, health issues, or property damage arising from any misuse or improper handling of our Products. You further acknowledge that Products may not be suitable for use by children, and you expressly assume sole liability for providing any individual under the age of 18 with access to the Site or Products. You hereby agree not to use our services for illegal purposes and you are solely responsible for ensuring compliance with all applicable laws, rules, and regulations in your jurisdiction.

 

Gotji makes no warranties, endorsements, guarantees of any kind or assumes responsibility for any information, products, or services offered by third parties through the Site, or any external sites linked to from this Site.  We do not control or endorse, and are not responsible for, the content, accuracy, policies, or conduct of any such third parties. If you choose to interact with or purchase from a linked site, you do so at your own risk.  Gotji is not liable for any damages, losses, or disputes arising from your use of third-party services or content.  We expressly disclaim all liability for personally identifiable information shared via third-party platforms (e.g., social media) in violation of the privacy settings you have established on those platforms. 

 

This Site is intended to serve as an online store for specialty beauty products. It is not intended to provide, and does not constitute, medical advice, diagnosis, or treatment.  While our founder may be a doctor, no physician–patient relationship is created or implied between you and Gotji by your use of the Site or Products. Any licensed medical professionals affiliated with Gotji are acting solely in their business or executive capacity, not in a clinical or advisory role.  The transmission or receipt of any content or communication online, by e-mail, or other methods does not constitute or create a physician-patient relationship or any other healthcare professional relationship between you and Gotji or any third party.  Gotji does not provide medical care, medical advice, or any other healthcare services.  We do not diagnose or treat any health condition, and no content on this Site should be interpreted as medical guidance or a recommendation for your personal health decisions.  Always consult your own physician or qualified healthcare practitioner with questions or for advice before using any product and before relying on information from this Site to decide whether a product, decision, or action is right for your specific health needs. 

 

All content available on this Site—including product descriptions, instructions, customer reviews, blog posts, and FAQs—is for general informational purposes.  By using this Site, you acknowledge and agree that any reliance on the information provided shall be at your sole risk, and Gotji disclaims all liability arising from such reliance.  You accept full responsibility for your use of the Site, its content, and any Products, and you  expressly release Gotji from any and all liability for any adverse effects or outcomes resulting from your use of, or reliance on, the information or products presented here—even if caused in whole or part by our action, inaction, or negligence or that of others.  Gotji reserves the right, in its sole and absolute discretion, to modify or remove content from the Site, update services or Products, correct any errors or omissions, and to make changes to the Site features, prices, and offerings at any time, with or without notice.

 

To the fullest extent permitted by applicable law, you expressly release and hold harmless the Gotji Parties from any and all responsibility, liability, claims, demands, damages, losses, or expenses of every kind and nature—known and unknown, suspected and unsuspected, disclosed and undisclosed (including, but not limited to, claims of negligence, consequential, incidental, or actual damages)-- arising out of or related to (a) your use of the Site or any Products; (b) interactions or disputes with other users; (c) acts or omissions of third parties; (d) unauthorized access to or use of your data or transmissions; or (e) any content, conduct, products, services, or communications through the Site.  This release applies whether based on warranty, contract, tort (including negligence), strict liability, or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. 

 

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

 

LIMITATIONS OF LIABILITY

 

To the fullest extent permitted by applicable law, in no event shall the Gotji Parties be liable to you for any direct, indirect, special, incidental, consequential, exemplary, punitive or any other damages, losses, injuries, or causes of action (whether in contract, tort, negligence, strict liability, warranty, any other legal or equitable theory, or otherwise) arising from or in any way related to:

• the use of, or the inability to use, the Site;
• the performance or non-performance of the Site;
• the order, receipt, or use of any Products;
• the content or functionality made available through or accessed through the Site.

 

This includes, without limitation, loss of revenue, loss of anticipated profits, business interruption, loss of data, loss of goodwill, or any other type of damage, tangible or intangible in nature, even if the Gotji Parties have been advised of the possibility of such damages and regardless of whether such damages were foreseeable.  

 

To the fullest extent permitted by applicable law, in no event shall the maximum aggregate liability of the Gotji Parties arising out of or in any way related to: (a) the order, receipt or use of Products purchased from the site exceed the amount paid for such Products and/or services; and (b) the access or use of the Site or content, exceed the greater of the amount you paid to us in the one (1) month period immediately preceding the date on which your claim arose or $100. The existence of more than one claim will not enlarge this limit.  The foregoing limitations shall apply even in the event your remedies hereunder fail of their essential purpose, and the foregoing shall constitute the Gotji Parties’ sole liability and obligation in respect hereof, regardless of the form of action, whether based in contract, tort (including, but not limited to, simple negligence, whether active, passive or imputed), strict product liability, or any other legal or equitable theory.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES (SUCH AS INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR PERSONAL INJURY FROM CONSUMER PRODUCTS).  IN SUCH CASES, THE ABOVE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

 

Any claim or cause of action arising out of or relating to these Terms, the Site, or the Products must commence within one (1) year after the claim or cause of action arises or it will be permanently barred. The preceding sentence does not apply to New Jersey residents.  Under no circumstances will the Gotji Parties be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Site, your account, or your personal data.  For complaints related to personal information, please refer to our Privacy Policy.

 

If you are dissatisfied with any portion of the Site or with any of these Terms, your sole and exclusive remedy is to discontinue using the Site and its services.  We reserve the right at all times to disclose any information that we deem necessary to comply with any applicable laws, rules, regulations, legal processes or governmental requests.  You hereby waive any legal rights or claims against us arising from such disclosures, release the Gotji Parties from any liability related to them, agree to defend us against any third-party claims arising from your conduct or content, and hold harmless the Gotji Parties from any resulting losses, damages, or expenses.

 

Access to the Site from jurisdictions where the Site or its content is illegal is prohibited. If you access the Site from outside the United States, you do so at your own risk, and you are solely responsible for compliance with local laws.

 

Without limiting anything set out above, to the fullest extent permitted by applicable law, you hereby release, waive, and discharge the Gotji Parties from any and all claims, liabilities, damages, losses, actions, demands, or expenses, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with these Terms, the Privacy Policy, your use of the Site, your use of the Products, or any related services or content.  The foregoing limitations are essential to these Terms, and we would not offer the Site, the Products, or our services to you under these terms without these limitations. 

 

If you are a California resident, you expressly waive CA Civil Code §1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”  You acknowledge and agree that this waiver is an essential part of the consideration given by Gotji under these Terms.

 

INDEMNIFICATION

 

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless the Gotji Parties from and against any and all losses, liabilities, damages, claims, actions, demands, obligations, penalties, expenses (including reasonable attorneys’ fees), or costs (collectively, “Claims”) in any way arising out of or related to:

• your access to, reliance upon, use of, or alleged use of the Site or any Products;
• your feedback or any User Content or materials submitted by you;
• your violation or alleged violation of any term of these Terms or the Privacy  Policy;
• your violation, misappropriation or infringement of any rights of any third party (including intellectual property, publicity, or privacy rights);
• your violation of any applicable law, rule, or regulation;
• any claim that any content submitted by you caused damage to a third party;
• any unauthorized or unlawful use of the Site or Products by another person using your credentials (username, password, or other security details); or
• any actual or alleged fraud, misconduct, gross negligence, or criminal acts committed by you or on your behalf.

 

You agree to promptly notify Gotji of any third-party Claims and to fully cooperate with the Gotji Parties in defending such matters.  Gotji reserves the right to assume the exclusive defense and control of any Claim or matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses. You further agree to reimburse Gotji within thirty (30) days of any written demand for any fees, costs, liabilities, fines, expenses, damages or other amounts paid or incurred by Gotji in association with the foregoing indemnity.  In addition, you agree to indemnify the Gotji Parties for any loss or costs (including reasonable attorneys' fees), resulting from your use of automated tools or technologies (such as robots, spiders, crawlers, or similar data gathering and extraction tools) or any other action you take that imposes an unreasonable burden or disproportionate load on our systems or infrastructure. 

 

This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Gotji.  This indemnification obligation will survive the termination of these Terms and your use (or misuse) of the Site.

 

GENERAL LEGAL PROVISIONS

 

Except where prohibited by applicable law, these Terms (including any disputes or claims relating to their interpretation, validity, termination, or breach) and any sale or transaction between you and the Gotji Parties, shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.  If your jurisdiction requires that local consumer protection laws apply, those laws will govern to the extent required. If any provision in these Terms is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the original intent.

 

No failure or delay by Gotji in exercising any right, remedy, power, or privilege under these Terms shall operate as a waiver of such term or any other term or provision. No waiver of any term or breach of any provision of these Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof.  Similarly, no single or partial exercise of any right or remedy shall prevent any further or other exercise of that right or any other right. No waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. Our failure to enforce any part of these Terms shall not constitute a waiver of any rights. 

 

You agree that no joint venture, partnership, employment, agency, or franchise relationship is created between Gotji and you as a result of these Terms or your use of the Site, and neither party has any authority of any kind to bind the other in any respect.  You may not assign your rights or obligations under these Terms to any party without our prior written consent. Any unauthorized assignment shall be null and void.  Gotji may assign our rights under these Terms without restriction. These Terms will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.  Gotji hereby reserves all rights not expressly granted herein.

 

BINDING ARBITRATION AND CLASS ACTION WAIVER; JURY TRIAL WAIVER

 

If a dispute should arise between you and the Gotji Parties, we want to resolve it quickly, cost-effectively, and fairly. Most disputes can be resolved informally by contacting our customer service team at hello@gotjibeauty.com with “Help with Dispute” in the subject line.  Please include a detailed description of the nature of the dispute, the basis for your claims, and the resolution that you are seeking, so we can fully understand your concern. 

 

Gotji will make a good faith effort to resolve any dispute with you through an Informal Dispute Resolution Process within 45 days from the date that you send notice of dispute (which can be extended by mutual agreement of the parties).  If the dispute is not resolved through this Informal Dispute Resolution Process, either party may initiate binding arbitration as described below. A court of competent jurisdiction shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration.  Some jurisdictions do not allow pre-dispute mandatory arbitration clauses or waivers of class action rights. In such cases, this section shall apply to the fullest extent permitted by law.

 

YOU AND THE GOTJI PARTIES AGREE THAT ALL CLAIMS OR DISCPUTES BETWEEN US WILL BE RESOLVED BY BINDING ARBITRATION, AND YOU AND GOTJI KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHTS TO LITIGATE CLAIMS IN A COURT, TO A JURY TRIAL, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING. Rights you might otherwise have if you went to court may be unavailable or limited in arbitration.  This arbitration agreement applies to all claims, disputes, or controversies (whether in contract, tort, statute, fraud, misrepresentation, or otherwise, whether pre-existing, present or future, and including statutory, consumer protection, common law, intentional tort, injunctive and equitable claims) arising from or relating in any way to your use of the Site, Products, advertising, these Terms (its interpretation or the breach, termination or validity thereof), or any relationships that result from these Terms, including relationships with third parties who are not signatories to these Terms.

 

This arbitration agreement does not limit or waive your right to seek public injunctive relief under applicable law in any court of competent jurisdiction. To the extent a court determines that such a claim cannot be arbitrated, you and Gotji agree that the court shall stay that claim pending completion of arbitration of all other claims.

 

If your dispute cannot be resolved by negotiation, you agree that disputes must be resolved through binding arbitration rather than by a court, provided that you may assert claims in small claims court if your claims qualify.  Arbitration or small claims actions will be limited to individual disputes—class actions, mass arbitrations, and representative actions are not permitted.  In any dispute, you agree that no arbitration or legal proceeding shall be joined with any other or brought on a class representative basis. You are waiving your right to participate in a class action, a private attorney general capacity, or collective proceeding of any kind. 

 

You may initiate arbitration by sending a written request (along with a detailed description of your claim) by email at hello@gotjibeauty.com with “Arbitration Request” in the subject line. You may also contact us by mail at: Gotji Beauty, 2 Overhill Road, Ste 400, Scarsdale, NY 10583 (Attn: Legal Department).  The Request must include: (1) the name, telephone number, mailing address, e‐mail address of the party seeking arbitration; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States Dollars; (4) a statement certifying completion of the Informal Dispute Resolution process as described above; and (5) proof of payment of any filing fees.

 

All claims must be submitted to binding arbitration administered by either the American Arbitration Association (AAA) or JAMS, or a suitable substitute if neither is available. Arbitration will be conducted virtually unless both parties agree otherwise. The arbitrator will apply the applicable rules for consumer disputes of the selected forum and has the authority to determine the enforceability and scope of this arbitration agreement. 

 

Arbitrator decisions will be binding and enforceable in any court with jurisdiction.  Payment for all filing, administration and arbitrator fees will be governed by the rules of the applicable arbitration administrator, provided, that Gotji will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claim to be frivolous.  The arbitrator may award reasonable attorneys’ fees to the prevailing party only if authorized by statute. Information on AAA or JAMS and their applicable rules are available at the following numbers and URLs: (a) American Arbitration Association: (800) 778-7879, adr.org; (b) JAMS: (800) 352-5267, www.jamsadr.com.

 

Any arbitration proceedings held hereunder shall be confidential, except as required for legal, regulatory, or public safety disclosures.

 

Notwithstanding the arbitration provisions above, we also both agree that either party may bring suit in court to enjoin infringement or other misuse of intellectual property rights.  Additionally, either party may request emergency or provisional relief in court (e.g., injunctions or attachments) without waiving the right to arbitrate. This arbitration agreement does not preclude either party from seeking action by federal, state, or local government agencies.

 

Both parties have the right to bring or transfer qualifying claims to a small claims court of competent jurisdiction by providing notice to the other party. In the event a claim has already been filed in arbitration, the party who has filed that Claim will, within ten (10) days of receiving such a notice, withdraw their claim from arbitration. The parties will then proceed with the claim exclusively in small claims court.  Both parties retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions. Any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.

This Arbitration Agreement shall survive the expiration or termination of these Terms and shall apply, without limitation, to all claims that arose or were asserted before you agreed to these Terms (in accordance with the preamble) or any prior version of these Terms.

 

You have the right to opt out of this Arbitration Agreement within 30 days of the date you first became subject to it by sending written notice of your decision to opt out to hello@gotjibeauty.com or by mail to Gotji Beauty, 2 Overhill Road, Ste 400, Scarsdale, NY 10583. Your notice must include your name, address, and a clear statement that you wish to opt out of this Arbitration Agreement.  Opting out of this Arbitration Agreement will not affect any other portion of these Terms, nor will it affect any other arbitration agreements you may have previously entered into (or may enter into in the future) with the Gotji Parties.

 

If the Company makes a material change to this Arbitration Agreement, you may reject that change by sending written notice to hello@gotjibeauty.com or by mail to Gotji Beauty, 2 Overhill Road, Ste 400, Scarsdale, NY 10583 within 30 days of the change becoming effective.  If you reject a change, the version of this Arbitration Agreement that was in effect on the date you first accepted these Terms (or accepted any later changes you did not reject) will continue to apply.  Your continued use of the Site or Services after any such change becomes effective constitutes your acceptance of the revised Arbitration Agreement.

 

If any provision of this Arbitration Agreement is found to be invalid or unenforceable, that specific provision will be severed, and the remainder of this Arbitration Agreement will remain in full force and effect.
Any Dispute subject to this Arbitration Agreement must be initiated within the applicable statute of limitations period; otherwise, it will be permanently time-barred. The same limitation periods that would apply in a court of competent jurisdiction apply in arbitration.

 

 

 

CHOICE OF LAW/FORUM SELECTION

 

These Terms and any dispute that may arise between you and Gotji shall be governed by and construed in accordance with the Federal Arbitration Act (9 U.S.C. §§ 1–16), applicable federal law, and the laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).

 

If a claim is determined to be non-arbitrable or is properly brought in small claims court, any legal action must be filed in state or federal courts located in Westchester County, New York, and you hereby consent to the personal jurisdiction of those courts in connection with such claims.

 

To the extent required by applicable law, if your local law requires that consumer contracts be governed by local law and enforced in the courts of that jurisdiction, this section may not be applicable to you (but only to the extent that local law conflicts with this section).

 

ANTI-DIVERSION

 

Gotji is not responsible or liable for any injury or damage that may result from the use of its Products when purchased through unauthorized distributors, from the use of its Products in a manner inconsistent with instructions for their proper use, use past their expiration date, or when involving products that have been discontinued.  Gotji disclaims all warranties and liability for Products used beyond their expiration date or purchased through unauthorized third parties.

 

NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT DMCA

 

All contents of the Site including but not limited to design, text, graphics, interfaces are: Copyright 2025, Gotji Beauty, LLC. All rights reserved.  All trademarks, service marks, and trade names displayed are proprietary to Gotji, or licensed to Gotji by third parties.

 

Gotji respects the intellectual property right of others and expects users to do the same.  If you believe that any content appearing on the Site infringes your copyright, please notify us in accordance with information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. §512 (“DMCA”) as described in the procedure set forth below.

 

A notification of claimed copyright infringement should be e-mailed to our copyright agent at hello@gotjibeauty.com with “DMCA Takedown Request” in the subject line. You may also contact us by mail at:

Gotji Beauty, 2 Overhill Rd, Ste 400, Scarsdale, NY 10583

Attention: Legal Department

 

To be effective under DMCA, the notice must contain all of the following:

• an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• identification of the copyrighted work that you believe has been infringed upon;
• a sufficient description of where on the Site the material that you claim is infringing is located to enable us to identify and locate the material;
• how we can contact you, such as your address, phone number and e-mail address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or by law; and
• a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material that is allegedly infringed.

 

After receiving a valid notification of claimed infringement, we will promptly investigate the claim and remove or disable the allegedly infringing content as appropriate. If the infringing content was provided by another user, we will take reasonable steps to notify them of the takedown.  This notification process does not limit Gotji’s ability to exercise any other rights or pursue any other remedies it may have to address claims of infringement.  Under federal law, misrepresenting material as infringing may subject you to criminal prosecution for perjury and civil penalties, including damages, costs, and attorneys’ fees.

Please note that the preceding requirements are intended to comply with Gotji’s rights and obligations under the DMCA, but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws. We also reserve the right to terminate the accounts of repeat infringers in accordance with our policies and applicable law.

ADMISSIBILITY

 

A printed version of this agreement and of any notice provided electronically shall be admissible in judicial or administrative proceedings just like any other printed business records.  Both you and Gotji agree that this agreement and all related documents be drawn up in English.

 

The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.  Gotji may assign our rights and obligations under these Terms, including in the event of a merger, acquisition, or other corporate transaction.

 

NOTICES

 

Unless otherwise specified in these Terms, all notices will be in writing and will be deemed to have been duly given when: personally delivered, received by certified or registered mail (return receipt requested), confirmed electronically by facsimile or email, or one day after being sent by recognized overnight delivery service.  We may send you notices by email, through a general Site announcement, or via postal mail based on your contact information in our records.

 

NOTICE TO CALIFORNIA CONSUMERS

 

Under California Civil Code Section §1789.3, California consumers are entitled to the following consumer rights notice:

 

The provider of the Site is Gotji Beauty, LLC located at 2 Overhill Rd, Ste 400, Scarsdale, NY 10583. For questions or complaints, you may contact us by mail to the above address or by email at hello@gotjibeaty.com with “California 1789.3 Inquiry” in the subject line. California consumers may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 1-800-952-5210.

 

REMEDIES

 

In addition to any other available remedies, if you breach any terms or conditions of these Terms, Gotji may immediately terminate your access and pursue legal action and/or equitable injunctions to prevent further harm, including financial compensation and injunctive relief.  You also further agree to forfeit any benefits or compensation received from such a violation.

 

You hereby agree that if any of these Terms are not specifically enforced, Gotji could be irreparably damaged.  Therefore you agree that Gotji shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect any of these Terms, in addition to any other available remedies.

 

EMAIL

 

You are welcome to contact Gotji at hello@gotjibeauty.com. However, please be aware that email communications may be lost, intercepted or altered.  Gotji is not liable for any damages related to communications to or from the Site. You agree with respect to any information provided by you to us through the Site or via e-mail that:

• Gotji has no obligation concerning such information;
• the information is non-confidential;
• Gotji may use, disclose, distribute, share, or copy the information freely and may use any ideas, concepts or know-how contained in the information for any purpose without compensation (for purposes of clarification, all submissions, suggestions, corrections, additions, modifications, etc. you submit are owned outright, solely, and exclusively by Gotji without any consent, approval, notice, or compensation to you); and
• your information is truthful and does not infringe on the rights of others.

 

SEVERABILITY

 

The provisions of these Terms are intended to be interpreted in a manner which makes them valid, legal, and enforceable.  No waiver by Gotji of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.  Any failure of Gotji to assert a right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be partially or wholly invalid, illegal or unenforceable for any reason, such provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remaining Terms shall continue to be enforced to the maximum extent permitted by law (but in no case shall there be class arbitration). It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by Gotji, or alternatively, by a court of law. If such provisions cannot under any circumstances be so modified or restricted, they shall be deemed severable from the Terms without affecting the legality, validity, or enforceability of any remaining provisions.  These Terms will survive the termination of your relationship with us.

 

ACCESSIBILITY STATEMENT

 

Gotji is committed to making our website accessible and user-friendly for all users, including individuals with disabilities. We strive to meet or exceed accessibility standards to the extent reasonably possible. If you are having difficulty viewing or navigating the content on this website, or notice any content, feature, or functionality that you believe is not fully accessible to people with disabilities, please contact us at hello@gotjibeauty.com with “Accessibility Issue” in the subject line and provide a description of the specific issue you encountered, including the relevant web page or feature. We take your feedback seriously and will consider it as we evaluate ways to accommodate all of our customers and improve our accessibility policies.

 

Please note that while we aim to accommodate all users, we do not warrant that the website is fully compliant with any specific accessibility standards, including the Americans with Disabilities Act (ADA) or Web Content Accessibility Guidelines (WCAG).

 

We appreciate your understanding and support.

 

CONTACT INFORMATION

 

If you have any questions about these Terms, want to provide notice, or would like to reach out to us with any inquiries, you may contact us at:

 

📧 hello@gotjibeauty.com

📫 Gotji Beauty, 2 Overhill Road, Suite 400, Scarsdale, NY 10583

 

ENTIRE AGREEMENT

 

These Terms, together with our Privacy Policy and any other applicable policies or notices, form the complete and exclusive agreement between you and Gotji regarding your use of our Site and Products. They supersede any prior agreements or communications, written or oral.

 

Gotji may terminate this agreement and deny you access to the Site at any time, immediately and without notice, if in Gotji’s sole discretion you fail to comply with any provision of these Terms. These Terms inure to the benefit of Gotji’s successors, assigns, affiliates and licensees. These Terms will survive the termination of your relationship with us.  All rights not expressly granted herein are hereby reserved to Gotji.

 

These Terms of Use were last updated October 4, 2025.