Welcome to Some By Mi! These Terms of Use govern your use of our website located at some-by-mi.com (the “Site”) and your purchase of products through the Site (collectively, the “Services”).
Please read these Terms carefully before accessing or using the Site or Services. By using the Site or Services, you agree to be bound by these Terms. If you do not agree to all the Terms, do not access or use the Site or Services.
1. Overview
Some By Mi sells skincare and cosmetic products. These Terms govern your use of our Site and purchase of our products.
2. Accepting the Terms
Please read these Terms carefully. By accessing or using any part of the Site or Services, you agree to be legally bound by these Terms as well as our Privacy Policy. If you do not agree to these Terms, do not access or use the Site or Services.
These Terms require arbitration on an individual non-class basis to resolve disputes, rather than jury trials, and limit remedies available to you in the event of a dispute. You can opt out of arbitration within 30 days of accepting these Terms by sending us written notice.
3. Changes to the Terms or Services
We may update these Terms from time to time. If we make material changes, we will notify you through the Site or by sending you an email. You can review the most current version of the Terms at any time by visiting this page. We will also update the “Last Updated” date at the top of these Terms.
Continued use of the Site or Services after any changes constitutes your consent to the revised Terms.
Occasionally we may also update or modify the Site or Services, including by removing some features. We reserve the right to do so in our sole discretion without notice. We have no obligation to provide a specific Service or feature set and may cease offering Services at any time.
4. Access and Use of the Site
You must be at least 13 years old to access or use the Site or Services. Use of the Site and Services is void where prohibited by law.
Some By Mi grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and Services for your personal, non-commercial purposes only.
You agree not to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit the Site, Services, or any Content obtained through the Site or Services.
You must follow any policies and procedures applicable to the Services that we provide or post. Failure to adhere to any of the provisions in these Terms may result in the suspension or termination of your access and use of the Site or Services.
5. Account Registration
In order to purchase products, you may need to register and create an account (“Account”).
You must provide accurate, current and complete information when creating an Account, and agree to promptly update your information so that it remains accurate, current and complete.
You are solely responsible for all activity that occurs under your Account, including purchases made by you or anyone you allow to use your Account.
Some By Mi reserves the right to suspend or terminate your Account if any information provided is inaccurate, fraudulent, not current, or incomplete.
You must safeguard your Account log-in credentials and not share your Account information with anyone else. If you believe your Account has been compromised, notify us immediately.
6. Purchases and Payment
You may purchase products listed for sale on the Site. All prices and charges associated with purchase orders are displayed during checkout.
Pricing and availability of products are subject to change at any time without notice. All orders are subject to acceptance, and we reserve the right to decline any order or cancel unfulfilled orders in our sole discretion.
We use third-party services for transaction processing, including accepting payments. The processing of payments will be subject to the terms of service and privacy policies of the relevant third-party processor in addition to these Terms.
Applicable taxes will be calculated based on information you submit during checkout. You are responsible for applicable taxes, which we will collect at the time of purchase.
You authorize us to charge the full purchase amount to the payment method used at checkout. If we cannot successfully charge that payment method, you are still obligated to pay for your purchase.
Payments are processed as soon as transactions are completed. You agree we may charge or continue charging your payment method as needed to process payment for your completed purchase.
All purchase transactions are final. Some By Mi does not accept product returns or provide refunds, except in our sole discretion under limited circumstances. See Section 9 for our return policy details.
7. Shipping and Delivery
We will ship purchased products to the shipping address provided at checkout. Please review your order carefully before checkout, as we cannot modify orders after they are placed.
Shipping dates are estimates only; your order will be shipped within the timeframe given at checkout based on stock availability and processing times. We will send shipping confirmations and tracking information to the email address you provide at checkout.
Title and risk of loss passes to you on transfer to the carrier. Loss, theft, damage, or misdelivery should be reported to the carrier, not Some By Mi. We cannot guarantee orders will arrive by a specified delivery date.
Some By Mi does not guarantee any customs, import taxes and duties, or any customs clearance. You are responsible for all applicable charges.
8. Content You Submit
The Site and Services may allow you to submit or upload reviews, comments, photos, videos, and other content (“User Content”), which may be made public. You are solely responsible for any User Content you submit.
You agree not to submit inappropriate User Content or anything illegal, offensive, threatening, libelous, defamatory, pornographic, obscene, racist, ethnically offensive, or encroaching on others’ privacy or proprietary rights.
Some By Mi can remove or modify User Content at its sole discretion.
By submitting User Content, you grant us an unconditional, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free license to use, modify, adapt, reproduce, publish, translate, distribute, perform, and display your User Content in connection with operating and providing the Site and Services.
You are not entitled to any compensation or attribution for use of your User Content. You represent and warrant you have all necessary rights to grant the license outlined above.
9. Returns and Refunds
Some By Mi does not accept returns or provide refunds on products, except in our sole discretion under very limited circumstances. Please choose your purchases carefully before ordering.
If you believe you qualify for a refund, please contact Customer Support. You will be required to provide proof of purchase and may be asked to return products at your own expense.
We will review each refund request carefully against our exceptions criteria. If you are approved, refunds will be processed using your original payment method within approximately 5-7 business days.
10. Reviews and Ratings
The Site allows reviews, ratings, photographs, and other content about products to be published (“Reviews”). Reviews reflect the subjective opinions and experiences of our customers. Reviews are not verified, confirmed, or endorsed by Some By Mi.
We encourage open and honest feedback. By submitting a Review, you agree it accurately reflects your honest opinions and experiences, and does not contain defamatory or illegal content. Reviews are subject to our submission guidelines and terms.
Some By Mi reserves the right to remove Reviews in our sole discretion, including those that may be in violation of our policies or submission guidelines. You are personally responsible for any Review you submit.
11. Copyright and Trademark
The content on the Site and Services, including without limitation text, software, scripts, source code, API, photos, sounds, music, videos and interactive features is owned by or licensed to Some By Mi and is protected by copyright, trademark, patent and other laws.
Some By Mi owns trademarks and registered trademarks including SOME BY MI and our logo. All other trademarks are property of their respective owners.
You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display or otherwise exploit Site or Service content. Use of the Site or Service does not grant you any intellectual property rights.
12. Disclaimers and Limitations
The Site and Services are provided on an ‘As Is’ basis without warranties of any kind. We expressly disclaim all warranties and conditions, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not guarantee the Site or Services will be secure, error-free, uninterrupted, always available, or completely accurate. You bear the entire risk relating to the quality and performance of the Site and Services.
Some By Mi is not liable for any loss, corruption, damage, theft, disclosure, or unauthorized access to your data or information provided in connection with the Site or Services.
To the maximum extent permitted by law, Some By Mi and our shareholders, affiliates, directors, officers, agents, content providers, and licensors will not be liable for any direct, indirect, incidental, punitive, consequential, special or exemplary damages, including loss of profits, lost data, business interruption, or other losses arising from or relating to these Terms or your use of (or inability to use) the Site or Services, even if Some By Mi has been advised of the possibility of such damages.
In no event will our total aggregate liability arising under or relating to these Terms exceed $100 USD, regardless of the legal theory asserted. The existence of multiple claims will not expand this limitation.
Relevant limitations also apply to any developer or third-party service provider we use in connection with the Site or Services.
13. Indemnification
You agree to defend, indemnify, and hold harmless Some By Mi and our shareholders, affiliates, directors, officers, agents, employees, content providers, and licensors from any liability, damages, losses, and expenses (including reasonable attorneys’ fees) arising from your violation of these Terms or misuse of the Services or Site.
We reserve the right, at our own expense, to defend ourselves against any third-party claims that give rise to your duty to defend, indemnify, and hold harmless under these Terms.
14. Termination
We reserve the right to terminate your access and use of the Site or Services if we determine you have violated these Terms or other policies we have established, with or without notice to you.
You may terminate your relationship with Some By Mi at any time by discontinuing your use of the Site and Services.
Termination does not excuse your responsibility to pay any outstanding fees accrued before termination or comply with all post-termination obligations in these Terms.
15. Governing Law
These Terms will be governed by the laws of the State of Delaware without regard to conflict of laws principles. You agree to the personal jurisdiction of and exclusive venue in the state and federal courts located in Delaware.
16. Arbitration and Class Action Waiver
Please read this section carefully. It affects your rights and will impact how claims you and we have against each other are resolved. You and Some By Mi agree that any dispute or claim relating in any way to these Terms, your use of the Services, or our relationship will be resolved by binding arbitration, rather than in court, except you may assert claims in small claims court if your claims qualify. This agreement to arbitrate is intended to be broadly interpreted.
Arbitration precludes you from filing a lawsuit or class action claim against Some By Mi. You and Some By Mi agree to give up the ability to litigate claims in court before a judge or jury. Arbitration provisions do not deprive any party of substantive rights and remedies but rather changes the forum in which those rights and remedies will be determined.
You and Some By Mi agree that any arbitration shall be limited to the dispute between us and not as part of any representative, consolidated, add-on, or class proceeding.
If you do not wish to be bound by this arbitration provision, you must notify us in writing within 30 days from the later of the date that you first accepted the arbitration provision or the date you become subject to this arbitration provision. Your timely written notification must be sent us and must include: (1) your name; (2) your email address; and (3) a clear statement you do not wish to resolve disputes with us through arbitration.
This dispute resolution provision applies unless prohibited by applicable law. If this specific paragraph is found unenforceable, then the entirety of this dispute resolution provision shall be null and void. The remaining provisions of these Terms will continue to apply.
17. General Terms
These Terms constitute the entire agreement between you and Some By Mi with respect to your use of the Site and Services. They supersede all prior or contemporaneous communications, proposals, and representations.
These Terms do not confer any rights on third parties. The failure to require performance of any provision will not waive the right to require performance later.
No waiver shall be effective unless in writing. Any waiver or failure to enforce a provision of these Terms on one occasion will not constitute a waiver of any other provision or of the same provision again.
If any portion of these Terms is deemed invalid or unenforceable, the remaining portions will still apply to the greatest extent possible.
Section titles are for convenience only and have no legal or contractual effect.
