Terms of service

These Terms of Service govern access to and use of the United States website and online services operated by JUNGSAEMMOOL USA INC., including purchases made directly through those services.

Please read carefully Section 19 contains a binding individual arbitration agreement and class-action waiver. It affects how disputes may be resolved and includes a 30-day right to opt out.

1. Acceptance of These Terms

By accessing or using our services, creating an account, or placing an order, you agree to these Terms and any policies incorporated by reference, including our Privacy Notice and Return Policy. If you do not agree, do not use the services. Additional terms presented for a promotion or feature also apply; if they conflict with these Terms, the additional terms control for that promotion or feature.

2. Eligibility

You must be at least 13 years old to use the website. If you are under the age of majority where you live, a parent or legal guardian must approve your use. You must be at least 18 years old, or the age of majority in your jurisdiction, and legally capable of entering a contract to make a purchase.

3. Accounts

You agree to provide accurate and current information and to keep your login credentials confidential. You are responsible for activity under your account unless prohibited by law. Notify us promptly if you suspect unauthorized access. We may suspend or close an account to protect customers, prevent fraud, comply with law, or address a violation of these Terms.

4. Privacy

Our Privacy Notice explains how we handle personal information and is incorporated into these Terms. By using the services, you acknowledge the practices described in that Notice.

5. Permitted Use

The services and products are offered for lawful personal and household use. Unless we authorize otherwise in writing, you may not purchase products for resale or commercial distribution. We may limit quantities or cancel orders that appear to be placed by resellers, involve fraud, or violate these Terms.

You may not:

• Use the services for an unlawful, fraudulent, deceptive, or abusive purpose.
• Interfere with security, access controls, networks, or the operation of the services.
• Introduce malware or harmful code, scrape or crawl the services without permission, or attempt to access nonpublic systems.
• Use another person's account or personal information without authorization.
• Infringe intellectual property, privacy, publicity, or other legal rights.
• Post content that is false, misleading, defamatory, obscene, threatening, discriminatory, or otherwise unlawful.
• Use our content, products, or services to train or develop an automated model without our written permission.

6. Product Information and Appropriate Use

We try to display product descriptions, shades, images, ingredients, sizes, and availability accurately. Screen settings, lighting, production variations, packaging updates, and other factors may affect appearance. Product information may be corrected or updated without notice. If information on the website differs from the product label, follow the label unless we tell you otherwise.

Cosmetic content on the services is provided for general information and is not medical advice. Follow product directions and warnings. Discontinue use if irritation or another adverse reaction occurs and seek medical care when appropriate. Product results vary by individual. Nothing in these Terms excludes warranties or remedies that cannot legally be excluded.

7. Orders Payments Prices and Taxes

Submitting an order is an offer to purchase. An automated acknowledgement does not mean that we have accepted the order. We may accept, reject, limit, or cancel an order for availability, pricing, payment, fraud-prevention, shipping, legal, or other legitimate reasons. If we cancel after payment is captured, we will issue an appropriate refund.

Prices are displayed in U.S. dollars unless stated otherwise. Prices generally exclude shipping and applicable sales tax, which are shown at checkout. You authorize us and our payment processors to charge the payment method submitted for the order total and to issue credits or reversals when appropriate. You are responsible for providing accurate billing, shipping, and contact information.

We may correct pricing, description, or availability errors. If a material correction affects an order, we may contact you for instructions or cancel and refund the affected order. Promotions are subject to stated terms, dates, exclusions, quantity limits, and availability and generally cannot be applied retroactively.

8. Shipping and Delivery

Orders are fulfilled from within the United States and are shipped to eligible U.S. destinations using the methods offered at checkout. Because inventory is imported and cleared before domestic customer delivery, customers ordinarily will not be charged import duties at delivery. Sales tax and shipping charges, if any, are calculated at checkout.

Delivery dates are estimates, not guarantees. Risk of loss and title pass as provided by applicable law. We are not responsible for delays caused by carriers, weather, natural events, government action, address errors, or circumstances beyond our reasonable control, but this does not limit non-waivable consumer rights. You are responsible for reviewing the shipping address before submitting an order.

9. Order Changes and Cancellations

Contact customer service promptly if you need to request a cancellation. A request is not effective until we confirm that fulfillment has stopped. Once an order has entered shipping or has been transferred to the carrier, it generally cannot be canceled and must be handled under the Return Policy. We do not guarantee that an address, product, or payment method can be changed after submission.

10. Returns and Refunds

Returns and refunds for purchases made directly through our United States website are governed by our Return Policy, which is incorporated into these Terms. Purchases made from another retailer or marketplace must be handled by that seller. Refund posting times depend in part on the original payment provider.

11. Promotions Samples and Gifts

Promotions, samples, gifts with purchase, and discount codes are subject to availability and any additional terms disclosed with the offer. Unless stated otherwise, promotions cannot be combined, exchanged for cash, applied to prior orders, or transferred. We may modify or end a promotion as permitted by law. We may adjust a refund if a return causes an order to no longer qualify for a promotion.

12. Intellectual Property

The services and their content, including trademarks, logos, product names, text, photographs, graphics, videos, software, layout, and design, are owned by or licensed to us and protected by intellectual property laws. We grant you a limited, revocable, nonexclusive, nontransferable right to access the services for personal, noncommercial use. No other right or license is granted.

13. Reviews and User Content

If you submit a review, photograph, video, comment, or other content, you represent that you own or control the necessary rights and that the content is accurate and lawful. You retain ownership of your content. You grant us and our affiliates a worldwide, nonexclusive, royalty-free, transferable and sublicensable license to host, reproduce, modify for formatting, publish, display, distribute, and use that content in connection with our services, products, advertising, and marketing, subject to our Privacy Notice and applicable law.

We may moderate or remove user content but are not required to do so. You should not submit confidential information or content that violates another person's rights. Where required, sponsored or incentivized reviews must include clear disclosure.

14. Feedback

If you provide ideas, suggestions, or other feedback about our services or products, you grant us the right to use that feedback without restriction or compensation, except to the extent prohibited by law. This does not apply to personal information, which is handled under our Privacy Notice.

15. Third-Party Services

The services may link to or integrate with third-party websites, payment methods, social platforms, and other services. We do not control their content, availability, security, or practices. Your use of a third-party service is subject to its terms and privacy notice. A link does not imply endorsement.

16. Electronic Communications

You consent to receive agreements, notices, order updates, and other communications electronically. You may retain copies for your records. Marketing communications are subject to your choices and applicable law; opting out of marketing does not stop transactional or safety communications.

17. Copyright Complaints

If you believe material on the services infringes your copyright, send a notice to JUNGSAEMMOOL USA INC., Attn: Legal, 530 Technology Drive, Suite 100, Irvine, CA 92618, or jsmbeauty_CS@jsmbeauty.com. The notice should identify the copyrighted work and material claimed to infringe, provide contact information and the location of the material, include the required good-faith and accuracy statements, and be signed by the rights holder or authorized agent. Knowingly false notices may create liability.

18. Disclaimers and Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM THE SERVICES OR THESE TERMS. OUR AGGREGATE LIABILITY FOR A CLAIM RELATING TO A PURCHASE WILL NOT EXCEED THE AMOUNT PAID FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM. THESE LIMITATIONS DO NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.

19. Dispute Resolution and Individual Arbitration

Informal Resolution First

Before filing a claim, you and JUNGSAEMMOOL USA INC. agree to try to resolve the dispute informally for at least 30 days. A written notice must describe the dispute, the requested relief, and the account or order involved, and must be sent to the other party. Notices to us must be sent to JUNGSAEMMOOL USA INC., Attn: Legal, 530 Technology Drive, Suite 100, Irvine, CA 92618. Statutes of limitation are tolled during this 30-day period where permitted by law.

Binding Individual Arbitration

Except for disputes eligible for small claims court and requests for public injunctive relief where applicable law requires a judicial forum, any dispute arising out of or relating to these Terms, the services, the Privacy Notice, or a purchase will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The Federal Arbitration Act governs this arbitration agreement. The arbitrator may award the same individual remedies a court could award, but may not consolidate claims or preside over a class or representative proceeding.

Class Action and Jury Trial Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND WE WAIVE THE RIGHT TO A JURY TRIAL AND AGREE THAT CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE-ATTORNEY-GENERAL, OR REPRESENTATIVE ACTION.

Opt Out

You may opt out of this arbitration agreement by mailing a signed notice to JUNGSAEMMOOL USA INC., Attn: Arbitration Opt Out, 530 Technology Drive, Suite 100, Irvine, CA 92618, within 30 days after first accepting these Terms. The notice must include your name, mailing address, account email if applicable, and a clear statement that you opt out. Opting out does not affect the remaining Terms.

Severability of Arbitration Terms

If a court determines that a particular claim or remedy cannot lawfully be arbitrated or waived, that claim or remedy will proceed in court after all arbitrable claims are completed. If the class-action waiver is found unenforceable for a particular class or representative claim, the arbitration agreement will not apply to that claim.

20. Governing Law and Venue

These Terms are governed by the Federal Arbitration Act and, to the extent state law applies, the laws of the State of California, without regard to conflict-of-law principles. Any court proceeding not subject to arbitration must be brought in a state or federal court located in Orange County, California, unless applicable law requires another forum.

21. Indemnification

To the extent permitted by law, you agree to indemnify and hold us and our affiliates harmless from third-party claims, losses, and reasonable costs arising from your unlawful use of the services, your user content, or your material breach of these Terms. This section does not require indemnification for our own unlawful conduct and does not limit non-waivable consumer rights.

22. Changes Suspension and Termination

We may update these Terms by posting a revised version and changing the date above. Material changes apply prospectively and will receive any additional notice required by law. We may suspend or terminate access for violation of these Terms, fraud, security risk, or legal compliance. Provisions that by their nature should survive termination will survive, including ownership, disclaimers, limitations, dispute resolution, and accrued obligations.

23. General Terms

These Terms and incorporated policies are the entire agreement between you and us regarding the services. If a provision is unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will remain effective. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them as part of a corporate transaction or to an affiliate. We are not liable for delay or failure caused by events beyond our reasonable control.

24. Contact Us

Questions about these Terms may be sent to:
JUNGSAEMMOOL BEAUTY USA INC.
Attn: Legal
530 Technology Dr, Suite 100, CA 92618-1350
Email: support@jungsaemmool.us