Terms & Conditions
These Terms and Conditions apply to all users of this site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. Any new features or tools which are added to the current site shall also be subject to the Terms and Conditions. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website.
It is the users responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Registration for an Account
Users may register for an account to use some of the features of the website. You are required to provide true, accurate, current and complete information when creating an account, including your name, address, e-mail address, etc. Registered users can manage their account through the “Account” page of the website after signing in. It is the users responsibility to update the information at all time. Untamed Humans reserves the right to update the registration requirements.
Eligibility to Purchase
By making a purchase on the website, you represent, warrant, and confirm you are 18 years of age or older, lawfully able to enter into and form contracts on the internet in accordance with the laws of the States of Oregon, and have a shipping address within the United States, any US Territory, or an APO/FPO address with a US zip code. You are solely responsible for damages, losses, taxes, and other costs for any purchase made in violation of these representations, warranties, and confirmations. You agree to indemnify, hold harmless, and release UH from any and all damages, losses, taxes, and other costs for any such purchases. Until further notice, we do not ship internationally.
If you place an order without becoming a registered user, you will need to provide accurate information about yourself and complete in all respects, including your name, address, email and other required information as listed. You will also be required to provide valid payment details that you are the person referred to in the “Billing” information.
You will need to use a valid issued credit/debit card by a bank acceptable to Untamed Humans, and have authorized us to process any necessary changes on the card in the amount of the total purchase price plus shipping fee, handling fee and sales tax. Products purchased by you must be for personal use or gifting and must not be re-sold or used for any commercial benefits. Untamed Humans reserves the full right to restrict multiple quantities of products shipped to any one customer or postal address.
By confirming a purchase, you give full authorization to Untamed Humans to perform credit checks and where deemed necessary, to transmit or to obtain your credit card information or credit report information (including any updated information) to or from third parties only to verify your identity, to obtain an initial credit/debit card authorization and/or to authorize transactions. You also agree that we may use the information to conduct appropriate anti-fraud checks. Personal information that you provide may also be disclosed to a third-party credit reference or fraud prevention agency which may keep a record of the data.
Please follow the instructions and make final changes to your order before confirming your purchase order. All orders are subject to acceptance and any products in “Your Cart” are not held until your order is submitted and accepted by us.
The personalized products are made to order. Occasionally, due to high demand, we may be waiting for ingredients or materials needed in your products from our suppliers. Untamed Humans may offer you the opportunity to either place an advanced order which may ensure that you receive the item on an estimate date or to register your email for notification when the products are once again available.
When you submit an order using the website, you agree to the most updated Terms & Conditions and you are responsible for understand the latest Terms & Conditions written on this page.
Products are Not for Medical Disease
Untamed Humans products and services are not intended to diagnose, treat, cure or prevent any medical disease. All statements provided on this website and through Untamed Humans communication are solely for informational purposes only. Please contact your physician or other medical professionals when you have medical health concerns.
Acceptance of Order
After you have placed an order, we will only start processing your order after we have issued an email with a form called a “Confirmation of Order”. When we send you an acknowledgement, we will include an order reference number and details of the product(s) you have ordered.
We may, in our discretion, refuse to accept any order for any reason, including failure to obtain authorization for payment, shipping restrictions, products supply shortage or the product(s) does/do not meet our quality control standards or are withdrawn or you do not meet the eligibility to purchase. You may re-submit a new order with new products when the product(s) you ordered is/are withdrawn. We will not be liable to you or any third-party by reason of our withdrawing any product(s) from the website.
Until the time when we accept your order, we reserve the right to refuse to process your order and you reserve the right to cancel it. If you have cancelled your order before our acceptance, or if we cancel your order at any time for any reason, we will promptly refund any payment already made for the order of the product(s).
If you have made an order by mistake or have any concern about a mis-order, please contact us immediately by email to firstname.lastname@example.org
Products shown on the product pages are in US Dollars and are exclusive of taxes and shipping charges. You may find taxes, if applicable and other handling fee and shipping charges on the review page by clicking “checkout” in your shopping cart.
While we always ensure all details are accurate on the website, we may discover errors in the pricing of products. In that case, we will notify you as soon as possible. We will not be obligated to accept or fulfill an order for a Product that has a pricing error and we reserve the right to cancel such an order that has been accepted or is in transit. If you order a Product that is priced incorrectly for any reason, we will email or telephone you to inform you. All payments that have been made will be refunded promptly as soon as possible. In the event that Product(s) is/are recalled in transit, we will process our refund once returned to us.
We accept payment made by Visa, MasterCard, American Express, Discover Card or any other methods listed on the website. You may find your payment history on your account page after site login. You confirm that the payment method you used is yours or that you have been specifically authorized by the owner of that form of payment. You also confirm that there are sufficient funds or credit facilities to cover the cost of the order.
We take reasonable care to make our Website secure. We are not a credit/debit card processing company. We rely on the expertise and knowledge of third-party credit/debit card processing companies. You are responsible for verifying that all third-party credit/debit card processing is satisfactory. You agree to release, indemnify, and hold harmless UH from any and all damages, costs, and expenses stemming from third-party credit/debit card processing. All credit/debit card transactions on the Website are processed using Stripe, a secure on-line payment gateway that encrypts your credit/debit card information in a secure host environment. Such information will only be used to process credit/debit card transaction which you have initiated. While we do not store your credit card information on our Website, Stripe may store credit/debit card information. By using our site, you consent to the use of your credit/debit card information by Stripe.
We take reasonable care to keep all your order and payment information secure. However, we are not liable for any loss you may suffer if a third-party procures unauthorized access to any data and/or personal information that you provide when accessing or ordering from the website.
Untamed Humans is responsible for each purchase during the time it is in transit until it is delivered to the address you provided in your order that is located within the United States, a US Territory or an APO/FPO address with a US zip code. Please understand that it may not be possible for us to deliver to some locations. We may inform you and arrange for cancellation or request an alternative delivery address.
Delivery of any order costing in excess of US$200 will require a signature acknowledging receipt to be delivered. Such Products cannot be left at places of delivery stipulated in your order without your signature or the signature of your authorized agent. Anyone present at the delivery address will be presumed to be your authorized agent for accepting delivery on your behalf. You acknowledge and consent you are solely responsible for persons accepting orders at your delivery address. Once a Product is delivered to you, or if a signature is required, delivery is signed for by you or by someone at the delivery address, responsibility for your purchased Product(s) passes to you and UH is not responsible for the Product.
With respect to orders that cannot be delivered without a signature, if delivery is delayed through your unreasonable refusal to accept delivery, if you are not at the place of delivery stipulated in your order on the designated delivery date, if you refuse to sign for the delivery of the Product(s) on delivery or if you do not (within two weeks of our first attempt to deliver the Product(s) to you) accept delivery or collect the Product(s) from the carrier, then we may (without affecting any other right or remedy available to us) do either or both of the following: (x) charge you for our reasonable storage fee(s) and other costs reasonably incurred by us, including redelivery costs; and/or (y) no longer make the Product(s) available for delivery or collection and notify you that we are immediately cancelling your order, in which case we will refund to you or your credit/debit card company, as applicable, any money already paid to us, less our reasonable administration charges, including the amount charged for attempting to deliver and then returning the Product(s).
Our goal is to deliver your purchased products by the estimated delivery date listed on your confirmed order. Although we intend to deliver products in accordance, we cannot guarantee any firm delivery dates and times. We will do our best to notify you if we anticipate a delay on delivery, but in no event will we be responsible for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
We accept returns if you are not satisfied with the product(s). All returns must be placed within 30 days from the order date. Products eligible for return must be sent back to us in their original packaging.
You are responsible for adequately packaging and securing the product(s) you are returning. We will not accept any damaged product(s) that’s caused by inadequate packaging by you or the Product is damaged or lost while being returned to us.
After we have received your eligible return(s), you will receive a refund which will be credited to the original payment method. Refunds include the amount of the product(s) plus taxes (if applicable) but will not include shipping cost unless faulty products occur (if you return a damaged or faulty product, we will refund the initial shipping charges paid by you). A return refund usually takes 5-10 business days or longer to process due to varying processing time between payment providers.
We reserve the rights to monitor the number of returns made by any specific customers. We also reserve the rights to refuse an order at our discretion if there is any unreasonable and repeated returns.
Use of the Site
The Site contains material, including but not limited to software, text, graphics and images (collectively referred to as the “Content”). We may own the Content, or portions of the Content may be made available to us through arrangements that we have with third parties. We do not guarantee that any Content you access on or through the Site is or will continue to be accurate. The Content is protected by United States intellectual property laws. Unauthorized use of the Content may result in violation of copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use, copy or display the Content, including but not limited to use of framing or mirrors, except as permitted under this Agreement. No other use is permitted without our prior written consent. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of any of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of this Agreement, your right to access and/or use the Content and Site shall automatically terminate and you shall immediately destroy any copies you have made of the Content.
The trademarks, service marks, and logos of Untamed Humans (the “Untamed Humans Trademarks”) used and displayed in connection with the Services are registered and unregistered trademarks or service marks of Untamed Humans. Other company, product, and service names located on the Site or otherwise used in connection with the Services may be trademarks or service marks owned by third parties (the “Third Party Trademarks”, and, collectively with the Untamed Humans Trademarks, the “Trademarks”). Nothing on the Site, in the Services or in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site or otherwise used in connection with the Services without our prior written consent specific for each such use. The Trademarks may not be used to disparage us or any applicable third party, our or the applicable third party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Untamed Humans Trademarks as part of a link to or from any website is prohibited without our prior written consent. All goodwill generated from the use of any Untamed Humans Trademark shall inure to our benefit.
You agree not to: (a) take any action that imposes an unreasonable load on the Site’s infrastructure; (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site; (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Site; (d) delete or alter any material we or any other person or entity posts on the Site; or (e) otherwise take any action in violation of our guidelines and policies.
Third Party Sites
The Site may contain links to third party websites, services or other resources on the Internet, including but not limited to our sponsors and Facebook, and other websites, services or resources may contain links to the Site (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of any materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access any External Sites, you do so at your own risk. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through any External Sites.
Please remember that the manner in which Untamed Humans use, store and disclose your information is governed solely by the policies of such Untamed Humans, and we shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled on or offered through the Site. In addition, we are not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Untamed Humans. As such, we are not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Untamed Humans. We enable these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
With respect to the Photos (as defined below), Submissions (as defined below), and any content or other materials you provide to or upload through the Site or share with other Site users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein, and that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You shall not (and shall not permit any third party to) take any action or upload, post, or otherwise distribute any User Content that infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty. You shall not (and shall not permit any third party to) take any action or upload, post, or otherwise distribute any User Content that is false, misleading, untruthful or inaccurate, or is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion. We will remove User Content that violates these terms without notice.
The Site may pull content from our users who share photos and videos on Instagram using our brand hashtags, including, without limitation, #untamedhumans, #untamedhumansskincare, #sophisticatedmadesimple, #individualizedskincare, #maskreliefmist, #hyperindividualized #maskup #staymisty (collectively, the “Untamed Humans Hashtags”), or tagging the @Untamed Humans Skincare (collectively, “Photos”). You acknowledge and agree that the Photos may be used in Untamed Humans’, retail locations and emails and on the Site, and you hereby grant us permission to use and authorize others to use your name or social media handle in association with the Photos for identification, publicity related to the Services and similar promotional purposes, including after your termination of your Account or the Services. You represent and warrant that the posting and use of your Photos, including to the extent such Photos include your name, username, likeness, voice, or photograph, does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and other intellectual property rights.
By uploading any User Content you hereby grant and will grant Untamed Humans and its affiliated companies, successors and assigns a nonexclusive, worldwide, royalty free, fully paid up, transferable, sub-licensable, perpetual, irrevocable license to reproduce, adapt, publish, create derivative works from, copy, display, upload, publicly perform, distribute, store, modify and otherwise use your User Content and any name, username, likeness, voice or photograph provided in connection with your User Content, without compensation to you, in connection with the operation of the Site or the promotion, advertising or marketing of the Services, in any form, medium or technology now known or later developed, and including after your termination of your Account or the Services. For clarity, the foregoing license does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
Except where prohibited by applicable law, by submitting User Content through the Site, you are waiving and agreeing not to assert any copyrights or “moral” rights or claim resulting from our alteration of the User Content or any Photos, Submissions, photograph(s), footage, illustrations, statements or other work contained in the User Content. You are also agreeing to appoint Untamed Humans as your irrevocable attorney-in-fact with respect to the User Content, with the right to execute and deliver any documents, in your name and on your behalf, to ensure that we can use the User Content that you are licensing in any way we see fit, own and protect the rights in any derivative works created from your User Content, and have the User Content removed from any other website or forum.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services (collectively, “Submissions”) that you provide to us are non-confidential and we will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without your acknowledgment or compensation to you.
You acknowledge and agree that we may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce this Agreement; (c) respond to claims that any User Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Untamed Humans, our users and the public. You understand that the technical processing and transmission of the Site, including your User Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify us of your infringement claim in accordance with the procedure set forth below. We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Untamed Humans Copyright Agent (“Copyright Agent”) at email@example.com (Subject line: “Takedown Request”). You may also contact us by mail at: 425 NE 9th Avenue, Portland, OR. 97232.
To be effective, the notification must be in writing, and if sent by mail, certified return receipt requested, and contain the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it on the Site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
- your physical or electronic signature;
- identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within Portland, Oregon and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, we will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it within ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our sole discretion.
In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users who are deemed to be repeat infringers. We may also at our sole discretion limit access to the Site and/or terminate the Accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Governing Law and Jurisdiction
These Customer Terms & Conditions and any dispute that may arise between you and Untamed Humans will be governed by and construed in accordance with the Federal Arbitration Act, applicable federal law and the laws of the State of Oregon, without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction). DISPUTES ARISING FROM THESE CUSTOMER TERMS & CONDITIONS AND YOUR USE OF THE WEBSITE WILL BE RESOLVED BY BINDING ARBITRATION AS PROVIDED BELOW. BY AGREEING TO BINDING ARBITRATION, YOU ARE HEREBY WAIVING THE RIGHT TO BRING DISPUTES TO A COURT, INCLUDING THE RIGHT TO TRIAL BY JURY. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL. ANY CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO YOUR USE OF THE WEBSITE MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES.
Binding Arbitration and Class Action Waiver
In the event of any dispute between you and us regarding these Customer Terms & Conditions and/or any Products or services purchased from the Website, you and Untamed Humans agree to first send the other party a notice of dispute, which is a written statement setting forth the name, address and contact information of the party giving the notice, the facts giving rise to the dispute and the relief requested. You must send any notice of dispute by e-mail to firstname.lastname@example.org. We will send any notice of dispute to you at the contact information we have for you. You and Untamed Humans will attempt to resolve any dispute through informal negotiation within 30 days from the date that the notice of dispute is sent. If we are unable to resolve a dispute 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. The Federal Arbitration Act and federal arbitration law apply to these Customer Terms & Conditions. There is no judge or jury in arbitration and court review of an arbitration award is limited. It is important that you understand that the arbitrator’s decision will be binding and may be entered as a judgment in any court of competent jurisdiction.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to email@example.com. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person.
You agree to arbitrate with Untamed Humans only in your individual capacity and not as a representative or member of a class or in any consolidated or representative proceeding. As such, your claims may not be joined with any other claims and there will be no authority for any dispute to be arbitrated on a class-action basis or brought by a purported class representative. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. For certain claims, like violations of these Customer Terms & Conditions, we reserve the right to seek injunctive relief in a court of competent jurisdiction.
Untamed Humans Gift Card
About Your Card
The Cards are issued by UH. UH Gift Cards can be purchased at untamedhumans.com in the U.S.
For balance inquiry, log into your Account page and click “Check Gift Card Balance” or email firstname.lastname@example.org or . In most cases, the balance is adjusted immediately when you make a purchase, but there may be occasions when the balance adjustment is delayed.
Untamed Humans Gift Cards do not expire, unless indicated on the Gift Card otherwise.
An Untamed Humans Gift Card is redeemable for purchases of merchandise online at untamedhumans.com. The Cards have no cash value and may not be redeemed for cash (except as required by law) or used to purchase another Gift Card.
NO REFUNDS ARE PERMITTED WITH RESPECT TO CARDS.
Lost, Damaged Or Stolen Card
The value of any lost, damaged or stolen Cards will not be replaced.
UH reserves the right to refuse to honor a Card where UH suspects that the Card was obtained fraudulently.