Terms of service

OVERVIEW

Welcome to BE HER. The terms “we,” “us,” and “our” refer to Burton Essentials LLC, doing business as BE HER.

BE HER operates this website and online store, including all related information, content, features, tools, products, and services offered through the site. These Terms of Service explain the rules that apply when you visit, browse, or make a purchase through our website.

Our online store is powered by Shopify, which provides the ecommerce platform that allows us to offer our products and services to you.

By accessing or using this website, you agree to these Terms of Service and our Privacy Policy. If you do not agree, please do not use the website or its services.

ELIGIBILITY AND ACCOUNT INFORMATION

By using this website, you represent that you are at least the age of majority in your state or province of residence.

You agree to provide accurate, current, and complete information when placing an order or creating an account. You are responsible for maintaining the confidentiality of your account information and for all activity conducted through your account.

You may not use our products or services for any unlawful or unauthorized purpose.

PRODUCTS AND INFORMATION

We make reasonable efforts to display and describe our products accurately. However, product colors, packaging, and appearance may vary slightly depending on your device, screen settings, manufacturing updates, or other factors.

Product descriptions, prices, availability, and other information may be updated or changed at any time without notice.

We reserve the right to discontinue any product or limit the quantity available for purchase.

BE HER products are intended for personal use and should be used according to the directions and warnings shown on the product packaging.

ORDERS

Submitting an order is an offer to purchase. We reserve the right to accept, decline, limit, or cancel an order at our discretion.

An order is not considered accepted until payment has been successfully processed and you receive an order confirmation.

Please review your order carefully before submitting it. Once an order has entered processing or fulfillment, we may be unable to make changes or cancel it.

We may contact you using the email address, billing address, shipping address, or telephone number provided with your order if additional information is needed.

Purchases are subject to our Return and Refund Policy.

Products purchased through this website are intended for personal or household use and not for unauthorized commercial resale.

PRICES, PAYMENTS, AND BILLING

Prices, discounts, promotions, and availability are subject to change without notice.

The price charged will be the price displayed at checkout when your order is placed. Unless otherwise stated, prices do not include applicable taxes or shipping charges.

You agree to provide accurate and complete billing, payment, and contact information.

You represent that you are authorized to use the payment method submitted and that all charges incurred will be honored by your payment provider.

SHIPPING AND DELIVERY

Shipping and delivery timeframes are estimates and are not guaranteed.

We are not responsible for delays caused by shipping carriers, weather, customs, incorrect delivery information, or events outside our reasonable control.

Customers are responsible for providing a complete and accurate shipping address. Additional costs caused by an incorrect or incomplete address may be the customer’s responsibility.

Please review our Shipping Policy for more information.

RETURNS AND REFUNDS

Returns and refunds are governed by our Return and Refund Policy.

Because BE HER products are personal-care items, opened, used, or unsealed products may not be eligible for return for hygiene and safety reasons, except where required by law or when a product arrives damaged, defective, or incorrect.

INTELLECTUAL PROPERTY

All content on this website, including the BE HER name, logos, trademarks, product designs, packaging, photographs, graphics, text, videos, and website design, is owned by or licensed to Burton Essentials LLC and is protected by applicable intellectual-property laws.

You may use this website only for personal and noncommercial purposes.

You may not reproduce, distribute, modify, republish, display, sell, license, or otherwise exploit any part of the website or its content without our prior written permission.

No rights or licenses are granted except as expressly stated in these Terms.

OPTIONAL TOOLS AND THIRD-PARTY SERVICES

We may provide access to tools, integrations, payment services, links, or features operated by third parties.

We do not control and are not responsible for third-party websites, services, content, policies, or practices.

Your use of third-party services is at your own discretion and may be subject to separate terms and privacy policies.

RELATIONSHIP WITH SHOPIFY

BE HER is powered by Shopify, which enables us to provide the online store and related services.

However, all sales made through this store are transactions directly between you and Burton Essentials LLC, doing business as BE HER.

Shopify is not responsible for the products sold through our store or for any injury, damage, loss, dispute, refund, or other issue arising from a purchase made from BE HER.

PRIVACY

Personal information collected through this website is handled according to our Privacy Policy.

Because our website is hosted by Shopify, Shopify may collect and process certain information in order to provide and improve its services.

Please review our Privacy Policy for more information about how personal information is collected, used, and shared.

CUSTOMER FEEDBACK AND REVIEWS

If you submit reviews, photographs, suggestions, comments, ideas, or other content to us, you represent that you have the right to submit that content.

You grant us a nonexclusive, worldwide, royalty-free license to use, reproduce, publish, display, edit, and distribute that content for business, marketing, customer-service, and promotional purposes.

You agree not to submit content that is false, unlawful, abusive, defamatory, obscene, misleading, infringing, or harmful.

We reserve the right to remove or decline to publish submitted content.

ERRORS AND INACCURACIES

Occasionally, the website may contain typographical errors, inaccuracies, or omissions relating to product descriptions, prices, promotions, shipping charges, delivery estimates, or availability.

We reserve the right to correct errors, update information, or cancel orders affected by inaccurate information, including after an order has been submitted.

PROHIBITED USES

You may not use the website or its content:

For unlawful, fraudulent, or malicious purposes;

To violate applicable laws or regulations;

To infringe intellectual-property, privacy, or other legal rights;

To transmit malware, viruses, or harmful code;

To harass, threaten, abuse, defame, or discriminate against another person;

To submit false or misleading information;

To collect personal information about others without authorization;

To interfere with the security or operation of the website;

To scrape, crawl, copy, or extract website content using automated tools without permission;

To impersonate another person or entity;

To send spam, phishing messages, or unauthorized solicitations.

We reserve the right to suspend or terminate access to the website for violations of these Terms.

TERMINATION

We may suspend or terminate your access to the website or services at any time if we reasonably believe you have violated these Terms or applicable law.

Any obligations or liabilities incurred before termination will continue to apply.

Sections that by their nature should survive termination will remain in effect, including intellectual property, limitations of liability, indemnification, and governing law.

DISCLAIMER OF WARRANTIES

The website, services, and products are provided on an “as is” and “as available” basis to the fullest extent permitted by law.

We do not guarantee that the website will always be uninterrupted, secure, timely, or error-free.

Except where prohibited by law, we disclaim all express or implied warranties, including warranties of merchantability, fitness for a particular purpose, durability, title, and noninfringement.

Some jurisdictions do not allow certain warranty exclusions, so portions of this section may not apply to you.

LIMITATION OF LIABILITY

To the fullest extent permitted by law, Burton Essentials LLC, BE HER, Shopify, and their respective owners, employees, affiliates, contractors, licensors, and service providers will not be liable for indirect, incidental, punitive, special, or consequential damages arising from your use of the website, services, or products.

This includes loss of profits, revenue, data, savings, or replacement costs.

Nothing in these Terms limits any liability that cannot legally be limited or excluded.

INDEMNIFICATION

You agree to indemnify and hold harmless Burton Essentials LLC, BE HER, Shopify, and their respective owners, employees, affiliates, contractors, licensors, and service providers from claims, losses, liabilities, damages, and reasonable legal fees arising from:

Your violation of these Terms;

Your misuse of the website or services;

Your violation of applicable law;

Your violation of another person’s rights.

SEVERABILITY

If any provision of these Terms is found to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will remain in effect.

WAIVER AND ENTIRE AGREEMENT

Our failure to enforce any provision of these Terms does not waive our right to enforce it later.

These Terms, together with the policies referenced on this website, represent the entire agreement between you and BE HER regarding your use of the website and services.

ASSIGNMENT

You may not transfer or assign your rights or obligations under these Terms without our prior written consent.

We may transfer or assign our rights or obligations as part of a merger, acquisition, sale, restructuring, or other business transaction.

GOVERNING LAW

These Terms and any disputes relating to the website, services, or products are governed by the laws of the State of Arizona and applicable federal laws of the United States, without regard to conflict-of-law principles.

Any legal action must be brought in a court with proper jurisdiction located in Arizona, unless applicable law requires otherwise.

CHANGES TO THESE TERMS

We may update these Terms from time to time by posting a revised version on this page.

Material changes will take effect on the date stated in the updated Terms or as otherwise required by law.

Your continued use of the website after changes are posted constitutes acceptance of the revised Terms.

CONTACT INFORMATION

Questions about these Terms of Service may be sent to:

Burton Essentials LLC
Doing business as BE HER
Email: info@burtonessentials.com

Our public business mailing address and telephone number will be added once established.