Terms of service
Botanicals Skin Bar, LLC Terms and Conditions
TERMS OF USE: WEBSITE
All material found in the pages of this Website is protected under the copyright laws of the United States and of other countries. Certain names, words, titles, phrases, logos, icons, graphics or designs in the pages of this Website may constitute trade names, trademarks or service marks of Botanicals Skin Bar, LLC. The display of trademarks, trade names or service marks on pages at this Website does not imply that a license of any kind has been granted to anyone else.
Any unauthorized downloading, transmission, republication or other copying or modification of material posted on this Website, including trademarks, trade names and service marks, may violate federal, common or civil law trade-mark law and copyright law, and may result in legal action.
Botanicals Skin Bar, LLC reserves the right to take legal action against any unauthorized use of the trade-names, trademarks, and images of Botanicals Skin Bar, LLC and its affiliates found on this website.
DISCLAIMER OF WARRANTIES
Botanicals Skin Bar, LLC compiled the information on this Website for the use of guests, prospective guests. The information, material and software algorithms contained in this Website or which may be downloaded from this Website, including text, graphics, and hyperlinks are provided ‘as is’ and ‘as available’.
The information and material contained in this Website are believed to be accurate and complete at the time of their posting. Although Botanicals Skin Bar, LLC attempts to ensure that all information and material remain current and accurate, they are subject to change without notice and Botanicals Skin Bar, LLC does not warrant their accuracy, completeness, and currency at all times.
No warranty of any kind, implied, express or statutory, including but not limited to warranties as to non-infringement of intellectual property rights or third-party rights, title, latent defects, uninterrupted service, merchantability, fitness for a particular purpose and freedom from computer viruses, is given in conjunction with the information, materials and software algorithms.
EXCLUSION OF LIABILITY
In no event will Botanicals Skin Bar, LLC be liable for any damages, including without limitation, direct or indirect, special, incidental, moral or consequential damages, loss of profits, opportunities or information or for expenses arising in connection with this Website, any software algorithms available on this Website, nor with any hyperlinked website or for the use of or the inability to use such material, software algorithms or hyperlinked website by interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Saratoga Botanicals is advised of the possibility of such damages, losses or expenses. Software algorithms made available and hyperlinks to other Internet resources are at your own risk. The content, accuracy, opinions expressed, and other links provided by these software algorithms and resources are not investigated, verified, monitored, or endorsed by Saratoga Botanicals.
LINKS TO THIRD PARTY WEBSITES
Botanicals Skin Bar, LLC does not control any third-party website and is therefore not responsible for the content of any linked website or any link contained in a linked website. Botanicals Skin Bar, LLC provides such links only as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by Saratoga Botanicals of the linked website or any information contained in it.
TERMS AND CONDITIONS: SERVICES
REPRESENTATIONS AND WARRANTY
Botanicals Skin Bar, LLC represents and warrants to Customer that it shall perform the Services using personnel of required skill, experience, and qualifications and in a professional and workmanlike manner in accordance with generally recognized industry standards for similar services and shall devote adequate resources to meet its obligations under these Terms.
Botanicals Skin Bar, LLC shall not be liable for a breach of the warranty set forth in this section unless Customer gives written notice of the defective Services, reasonably described, to Saratoga Botanicals within ten (10) days of the time when Customer discovers or ought to have discovered that the Services were defective. Subject to this section, Saratoga Botanicals shall, in its sole discretion, either:(i) repair or re-perform such Services (or the defective part); or (ii) credit or refund the price of such Services at the pro rata contract rate. THE REMEDIES SET FORTH IN THIS SECTION SHALL BE THE CUSTOMER’S SOLE AND EXCLUSIVE REMEDY AND Botanicals Skin Bar, LLC ’S ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY SET FORTH IN THIS SECTION.
DISCLAIMER OF WARRANTIES
EXCEPT FOR THE WARRANTY SET FORTH IN SECTION ABOVE, Botanicals Skin Bar, LLC MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE SERVICES, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; OR (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY OF TITLE; OR (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL Botanicals Skin Bar, LLC BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SARATOGA BOTANICALS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
IN NO EVENT SHALL Botanicals Skin Bar, LLC’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID OR PAYABLE TO Botanicals Skin Bar, LLC.
The limitation of liability set forth in the Section above shall not apply to (i) liability resulting from Botanicals Skin Bar LLC’ gross negligence or willful misconduct and (ii) death or bodily injury resulting from Botanicals Skin Bar, LLC’s negligent acts or omissions.
TERMS AND CONDITIONS: GOODS
EXCEPT FOR THE WARRANTIES SET FORTH IN THIS SECTION SELLER MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO ANY GOODS SOLD OR MANUFACTURED BY Botanicals Skin Bar, LLC , INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; [OR] (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; [OR (c) WARRANTY OF TITLE;] [OR (d) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY;] WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
Botanicals Skin Bar, LLC shall not be liable for a breach of the warranties set forth in this Section unless: (i) Customer gives written notice of the defective Goods or Services, as the case may be, reasonably described, to Saratoga Botanicals within ten (10) days of the time when Customer discovers or ought to have discovered the defect; (ii) if applicable, Saratoga Botanicals is given a reasonable opportunity after receiving the notice of breach of the warranty to examine such Goods and Customer (if requested to do so by Saratoga Botanicals) returns such Goods to Saratoga Botanical’s place of business at Saratoga Botanicals cost, for the examination to take place there; and (iii) Saratoga Botanicals reasonably verifies Customer’s claim that the Goods are defective.
Botanicals Skin Bar, LLC shall not be liable for a breach of the warranty set forth in this section if: (i) Customer makes any further use of such Goods after giving such notice; (ii) the defect arises because: Customer failed to follow Botanicals Skin Bar, LLC oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods; or (iii) Customer alters or repairs such Goods without the prior written consent of Saratoga Botanicals.
Subject to this section above, with respect to any such Goods during the Warranty Period, Botanicals Skin Bar, LLCshall, in its sole discretion, either: (i) repair or replace such Goods (or the defective part) or (ii) credit or refund the price of such Goods at the pro rata contract rate provided that, if Botanicals Skin Bar, LLC so requests, Customer shall, at Seller’s expense, return such Goods to Seller.
THE REMEDIES SET FORTH IN THIS SECTION SHALL BE THE CUSTOMER’S SOLE AND EXCLUSIVE REMEDY AND Botanicals Skin Bar, LLC ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTIES SET FORTH IN THIS SECTION.
LIMITATION OF LIABILITY
IN NO EVENT SHALL Botanicals Skin Bar, LLC BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT Botanicals Skin Bar, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
IN NO EVENT SHALL SBotanicals Skin Bar, LLC’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID OR PAYABLE TO SARATOGA BOTANICALS.
The limitation of liability set forth in the Section above shall not apply to (i) liability resulting from Botanicals Skin Bar, LLC’s gross negligence or willful misconduct and (ii) death or bodily injury resulting from Botanicals Skin Bar, LLC’s negligent acts or omissions.
GENERAL TERMS: APPLICABLE TO WEBSITE USE, PRODUCTS & SERVICES
WAIVER
No waiver by Botanicals Skin Bar, LLC of any of the provisions of these Terms is effective unless explicitly set forth in writing and signed by Botanicals Skin Bar, LLC. No failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from these Terms operates or may be construed as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
FORCE MAJURE
Botanicals Skin Bar, LLC shall not be liable or responsible to Customer, nor be deemed to have defaulted or breached these Terms, for any failure or delay in fulfilling or performing any term of these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Botanicals Skin Bar, LLC including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
ASSIGNMENT
Customer shall not assign any of its rights or delegate any of its obligations under these Terms without the prior written consent of Botanicals Skin Bar, LLC. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves Customer of any of its obligations under these Terms.
NO THIRD-PARTY BENEFICIARIES
These Terms is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of these Terms.
GOVERNING LAW
All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of New York.
SUBMISSION TO JURISDICTION
Any legal suit, action, or proceeding arising out of or relating to these Terms shall be instituted in the federal courts of the United States of America or the courts of the State of New York in each case located in the City of Saratoga Springs and County of Saratoga and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.
NOTICES
All notices, requests, consents, claims, demands, waivers, and other communications hereunder (each, a “Notice”) shall be in writing. All Notices shall be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid), facsimile, or email (with confirmation of transmission) or certified or registered mail (in each case, return receipt requested, postage prepaid).
SEVERABILITY
If any term or provision of these Terms is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.
SURVIVAL
Provisions of these Terms, which by their nature should apply beyond their terms, will remain in force after any termination or expiration of these Terms.
Gift Card Policy
Gift Cards sold by Botanicals Skin Bar, LLC represents a pre-payment for goods and services of Botanicals Skin Bar, LLC. Usage constitutes acceptance of all terms and conditions, which are subject to change, and may be found on our website referenced below. This Gift Card must be presented at the time of service/purchase. This is not a credit card, debit card, asset account, or deposit account and is not valid for payment against credit cards balances. Merchant is not responsible for lost, stolen, damaged or unauthorized use of cards. Merchant is not responsible for Gift Cards Purchased for Saratoga Botanicals LLC [Purchased Prior to April 16, 2024] This card is not redeemable for cash or transferrable unless required by law. All prices are subject to change. This card may not be used for gratuities. There is no expiration date for cards purchased on or after April 16, 2024 under Botanicals Skin Bar LLC dba Botanical Spa, dba Young & Bloom Skin.
General
If you have any questions in regards to our terms of conditions, policies, privacy statement please send them to:
Young & Bloom Skin
130 Excelsior Ave, Ste 106
Saratoga Springs, NY 12866
U.S.A.
Phone (518) 306-4108
Email: info@botanicalsspa.com
Privacy statement updated November 13, 2019