Terms of service
TERMS OF SERVICE
Last Updated: May 12, 2026
OVERVIEW
This website is operated by Kay Elaine Skincare. Throughout the site, the terms “we,” “us,” and “our” refer to Kay Elaine Skincare. Kay Elaine Skincare offers this website, including all information, tools, products, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by these Terms of Service. These Terms apply to all users of the site, including browsers, vendors, customers, merchants, and contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all terms and conditions, you may not access the website or use any services.
Our store is hosted on Shopify Inc., which provides the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you have given consent for any minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose, and you may not violate any laws in your jurisdiction while using the Service.
You must not transmit viruses, malware, or any code of a destructive nature. A breach or violation of these Terms may result in immediate termination of your access to the Service.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content, excluding credit card information, may be transferred unencrypted and may involve transmissions over various networks. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without express written permission from us.
SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information on this site is inaccurate, incomplete, or outdated. The material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions.
We reserve the right to modify site content at any time, but we are not obligated to update any information. You agree it is your responsibility to monitor changes to the site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products and services are subject to change without notice.
We reserve the right to modify or discontinue the Service, or any part of it, without notice at any time.
We shall not be liable to you or any third party for modifications, price changes, suspensions, or discontinuation of the Service.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return & Refund Policy.
We make every effort to display product colors and images as accurately as possible. However, we cannot guarantee that your device’s display will accurately reflect product colors.
We reserve the right to limit sales of products or services to any person, geographic region, or jurisdiction. We may limit quantities of any products or services we offer. Product descriptions and pricing are subject to change at any time without notice.
We reserve the right to discontinue any product at any time. Any offer made on this site is void where prohibited.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse, limit, or cancel any order placed with us.
You agree to provide current, complete, and accurate purchase and account information for all purchases made through our store. You agree to promptly update your account information, including email address, billing address, shipping address, phone number, and payment information as needed.
For more details, please review our Return & Refund Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide access to third-party tools that we do not monitor, control, or manage.
You acknowledge and agree that such tools are provided “as is” and “as available” without warranties, representations, or conditions of any kind. Your use of optional third-party tools is entirely at your own risk and discretion.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products, and services available through our Service may include materials from third parties.
Third-party links may direct you to websites that are not affiliated with us. We are not responsible for examining or evaluating third-party content, accuracy, policies, products, services, or websites.
Any complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If you send us comments, feedback, ideas, suggestions, proposals, plans, reviews, photos, testimonials, or other materials, you agree that we may use, edit, copy, publish, distribute, and display them without restriction.
We are not obligated to:
• Keep comments confidential
• Pay compensation for comments
• Respond to comments
You agree that your submissions will not violate the rights of any third party and will not contain unlawful, abusive, obscene, harmful, or misleading material.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, information on our site may contain errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, shipping charges, transit times, or availability.
We reserve the right to correct errors, update information, or cancel orders at any time without prior notice, including after an order has been submitted.
SECTION 12 - PROHIBITED USES
You are prohibited from using the site or its content:
• For any unlawful purpose
• To violate laws or regulations
• To infringe upon intellectual property rights
• To harass, abuse, insult, harm, defame, slander, intimidate, or discriminate
• To submit false or misleading information
• To upload or transmit viruses or malicious code
• To collect or track personal information of others
• To spam, phish, crawl, scrape, or interfere with security features
• For any obscene, immoral, or unauthorized purpose
We reserve the right to terminate your use of the Service for violating prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee that your use of the Service will be uninterrupted, timely, secure, or error-free.
The Service and all products and services delivered through the Service are provided “as is” and “as available,” without warranties or conditions of any kind, either express or implied.
In no case shall Kay Elaine Skincare, our owners, directors, officers, employees, affiliates, agents, contractors, suppliers, service providers, or licensors be liable for any injury, loss, claim, or direct, indirect, incidental, punitive, special, or consequential damages of any kind arising from your use of the Service or any products purchased through the Service.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Kay Elaine Skincare and our affiliates, partners, officers, employees, contractors, suppliers, and service providers from any claim or demand, including reasonable attorneys’ fees, arising from your breach of these Terms or violation of any law or third-party rights.
SECTION 15 - SEVERABILITY
If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall still be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be severed from these Terms.
SECTION 16 - TERMINATION
These Terms remain effective unless terminated by either you or us.
You may terminate these Terms at any time by ceasing use of our site and services. We may terminate your access if we believe you have violated these Terms.
Any obligations or liabilities incurred prior to termination shall survive termination.
SECTION 17 - ENTIRE AGREEMENT
These Terms of Service, along with any policies posted on our site, constitute the entire agreement between you and Kay Elaine Skincare regarding your use of the Service.
Any failure by us to enforce any right or provision shall not constitute a waiver of that right or provision.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide services shall be governed by and construed in accordance with the laws of the United States and the State of Texas.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of these Terms at any time on this page.
We reserve the right to update, change, or replace any part of these Terms by posting updates to our website. Your continued use of the website after changes are posted constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about these Terms of Service should be sent to:
Kay Elaine Skincare
2524 Broadway St.
Beaumont, TX 77702
409-617-2201
cs@kayelaineskincare.com
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
Kay Elaine Skincare offers a mobile messaging program, which allows users to receive SMS/MMS messages related to our products, services, promotions, events, and updates.
By opting in to our mobile messaging program, you agree to receive recurring marketing and informational messages from Kay Elaine Skincare at the phone number provided. Consent is not required as a condition of purchase. Message and data rates may apply.
USER OPT-IN
Users may opt in to receive SMS/MMS messages through online forms, checkout forms, appointment forms, or other enrollment methods.
By participating, you confirm that you are authorized to use the mobile number provided and agree to receive messages from us.
USER OPT-OUT
To stop receiving messages, reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any message received from us.
You may receive one final confirmation message confirming your opt-out. Opt-out requests must be submitted by text reply using the approved keywords listed above.
HELP AND SUPPORT
For support regarding the mobile messaging program, reply HELP to the number you received messages from or contact us at:
cs@kayelaineskincare.com
409-617-2201
Please note that emailing or calling us is not the official method for opting out of SMS/MMS messages. To opt out, you must reply with one of the approved opt-out keywords.
DUTY TO NOTIFY
If you change, transfer, or stop using the mobile number used to subscribe to our messaging program, you agree to opt out before discontinuing use of that number.
You agree to indemnify and hold us harmless from claims or liabilities resulting from your failure to notify us of a phone number change.
PROGRAM DESCRIPTION
Users who opt into the Program may receive messages related to:
• Product launches
• Promotions and sales
• Service updates
• Events
• Order updates
• Appointment or customer support communications
COST AND FREQUENCY
Message and data rates may apply. Message frequency may vary based on your interactions with us, promotions, campaigns, and customer service needs.
MMS DISCLOSURE
If your mobile device does not support MMS messaging, SMS messages may be sent instead.
DISCLAIMER OF WARRANTY
The mobile messaging program is provided on an “as is” basis and may not be available in all areas or at all times. Delivery of mobile messages depends on your wireless carrier and network availability.
We are not responsible for delayed or undelivered messages.
PARTICIPANT REQUIREMENTS
You must have a wireless device capable of two-way messaging, be subscribed to a participating wireless carrier, and have text messaging service.
AGE RESTRICTION
You may not use or engage with the mobile messaging program if you are under 13 years of age.
If you are between 13 and 18 years old, you must have permission from a parent or legal guardian.
PROHIBITED CONTENT
You agree not to send prohibited content through the messaging platform, including:
• Fraudulent, threatening, harassing, or defamatory content
• Obscene, abusive, or discriminatory content
• Viruses, malware, or harmful code
• Illegal products, services, or promotions
• Content involving protected health information
• Any content prohibited by applicable law
DISPUTE RESOLUTION
Any dispute, claim, or controversy arising out of or relating to the mobile messaging program, these Terms, or your participation in the program shall be resolved through binding arbitration to the fullest extent permitted by law.
Arbitration shall take place in Texas before one arbitrator and shall be conducted on an individual basis only. Class actions and class arbitrations are not permitted.
If a dispute proceeds in court rather than arbitration, both parties waive the right to a jury trial to the fullest extent permitted by law.
MISCELLANEOUS
We reserve the right to update or modify these Mobile Messaging Terms at any time. Continued participation in the messaging program after changes are posted or communicated constitutes acceptance of the updated terms.
CONTACT INFORMATION
Kay Elaine Skincare
2524 Broadway St.
Beaumont, TX 77702
409-617-2201
cs@kayelaineskincare.com