Terms and Conditions

VIVÉA 44 — TERMS OF SERVICE

Effective Date: October 11, 2025
Entity: Janel Gonzalez LLC, a California limited liability company, d/b/a VIVÉA 44 (“VIVÉA 44,” “we,” “us,” or “our”). Address: 76 Woodlyn Ln, Bradbury, CA 91008. Contact: info@vivea44.com. Website:https://www.vivea44.com (the “Site”).
Brand stylization: VIVÉA 44 / Vivea44.com. 

IMPORTANT—ARBITRATION & CLASS ACTION WAIVER: Except for certain limited disputes described below, you agree to resolve all disputes with us through binding individual arbitration, and you waive your right to participate in a class action or jury trial. See Section 19.

These Terms of Service (the “Terms”) govern your access to and use of the Site, our online store and point‑of‑sale experiences, our social media pages, SMS and email programs, wholesale portal, loyalty/rewards and referral programs, affiliate program, and any content, features, or services that link to these Terms (collectively, the “Services”).

By accessing or using any part of the Services; creating an account; subscribing to any auto‑renewing purchase; opting in to email or SMS; checking a box or clicking a button referencing these Terms (including at checkout); or placing an order, you agree to these Terms. If you do not agree, do not use the Services.

We may change these Terms at any time by posting an updated version on the Site and updating the “Effective Date” above. Changes are effective upon posting. Your continued use of the Services (including placing orders) after we post changes means you accept the updated Terms. For material changes, we may also provide additional notice (e.g., email, SMS, banner).

1) Eligibility; U.S.-Only

You must be 18 years or older to create an account, make purchases, participate in subscriptions, loyalty/rewards, referrals, wholesale, or submit user content. The Services are directed to residents of the United States (50 states, D.C., and U.S. territories) only; we do not ship internationally and do not intentionally offer the Services outside the U.S. The Site is not directed to children under 13.

2) Accounts & Security

You are responsible for maintaining the confidentiality and security of your account credentials and for all activities under your account. Credential sharing is prohibited. Notify us promptly of any unauthorized use. To the maximum extent permitted by law, we are not liable for any loss or damage arising from unauthorized account use unless caused by our breach of security.

3) Acceptable Use; Prohibited Conduct

You agree to comply with all applicable laws and these Terms and not to: (a) copy, modify, distribute, reverse engineer, or create derivative works of the Services; (b) interfere with or disrupt the Services; (c) use bots, scrapers, data‑miners, or similar tools; (d) use any content or data from the Services to train, fine‑tune, or improve any AI model, or for any competitive or benchmarking purpose; (e) upload viruses, malware, or harmful code; or (f) engage in fraudulent, deceptive, or abusive behavior (including reselling, chargeback abuse, or false claims).

4) Intellectual Property; License to Use the Site

All content and materials on the Services (including text, graphics, logos, images, video, audio, code, and the “look and feel”) are owned by or licensed to VIVÉA 44 and are protected by intellectual‑property laws. Subject to your compliance with these Terms, we grant you a limited, revocable, non‑exclusive, non‑transferable license to access and use the Services for personal, non‑commercial purposes.

5) User Content; Reviews; License & Moderation

If you post, upload, submit, or otherwise provide any content (including reviews, photos, videos, audio, comments, social or UGC submissions, testimonials, survey responses, and any materials sent via email, SMS, chat, DMs, or forms) (“User Content”), you represent and warrant that you own or have necessary rights to that User Content and that it does not violate law or third‑party rights.

License. You grant VIVÉA 44 a perpetual, worldwide, irrevocable, royalty‑free, transferable, and sublicensablelicense to use, reproduce, host, store, adapt, modify, edit, translate, create derivative works from, publish, publicly display and perform, distribute, advertise, commercialize, and otherwise exploit your User Content, with or without attribution, in any media or channel now known or later developed, including on the Services, in advertising and marketing (email, SMS/MMS, social, paid ads), on packaging, at point‑of‑sale, and in internal materials. You waive any moral rights or similar rights you may have in your User Content to the maximum extent permitted by law. We may monitor, reject, remove, or disable access to any User Content at our sole discretion and without notice.

Endorsed content must comply with FTC Endorsement Guides (e.g., disclose any material connection, be truthful and typical, and reflect actual experience).

6) Products, Pricing, Availability; No Medical Claims

We sell cosmetic products (not medical devices or drugs). Statements have not been evaluated by the FDA; products are not intended to diagnose, treat, cure, or prevent any disease. Perform a patch test before first use and discontinue if irritation occurs. Review full ingredient lists; we cannot guarantee that products were made in an allergen‑free facility or that you will not experience an allergic reaction.

We may change or discontinue products, sets, bundles, prices, discounts, and offers at any time without notice. Product images and descriptions are approximate and for convenience. From time to time, we may offer pre‑orders, presales, or backorders; shipping dates are estimates only. We may cancel any pre‑order/presale/backorder at any time for any reason, including supply issues, and will refund amounts paid to the original payment method.

Initial product set (for context in disclaimers): 240 ml Cleanser, 30 ml Serum, 50 ml Cream, and Gua Sha; 1 ml cream samples may be included. 

7) Orders; Payment; Fraud

When you place an order, you offer to buy the items in your cart. We may accept or reject any order at our discretion. We may limit quantities, refuse or cancel orders, correct pricing or availability errors (even after submission), and require additional verification if fraud or abuse is suspected. We use third‑party processors and may support multiple methods (e.g., credit/debit cards, Shop Pay, Apple Pay, Google Pay, PayPal, buy‑now‑pay‑later services such as Afterpay, Klarna, Affirm/Shop Pay Installments, and others). You authorize us and our processors to charge your selected method for all amounts (including applicable taxes and shipping). Taxes are estimated at checkout and may be adjusted. Chargeback abuse is grounds to deny returns/refunds on current or future orders.

8) Shipping; Risk of Loss; Signature

We ship to U.S. addresses (50 states, D.C., and U.S. territories). Carriers may include USPS, UPS, FedEx, DHL, or others. Risk of loss and title transfer to you when we deliver the order to the carrier (i.e., upon carrier acceptance). After carrier acceptance, loss, theft, or misdelivery is your responsibility. We may, at our discretion, require a signature for high‑value shipments and/or assist with claims as a courtesy; we are not obligated to refund or replace.

9) Returns, Refunds, Exchanges (Retail)

For retail orders placed directly with VIVÉA 44:

  • “Keep‑It” Partial Refund. If you request a return/refund, you keep the products and we issue a refund less $7 per individual product in the order (the Gua Sha counts as a product). Example: 4 items → refund reduced by $28.

  • No Exchanges. For hygiene and safety reasons, we do not accept exchanges.

  • Damaged/Defective. If an item arrives damaged or defective, contact us within 30 days of delivery with proof (photos + order number). We will replace the item; replacements are final and not eligible for return/refund.

  • Fraud/Abuse. We may deny any refund we believe is fraudulent, abusive, or otherwise in violation of these Terms. If you initiate a chargeback, we may deny refunds or returns on current or future orders.

Retail return/refund policies may not apply to wholesale or third‑party marketplace purchases.

10) Subscriptions & Auto‑Renewal (ROSCA / California ARL Compliance)

We may offer subscription purchases through Shopify or approved subscription providers (e.g., Seal, Bold, Recharge).

Clear Disclosures. Before purchase, we will present the subscription price; renewal interval; how to cancel; that charges continue until canceled; and that you authorize recurring charges to your payment method.

Consent & Acknowledgment. By subscribing, you provide express consent to auto‑renewal. We will send a post‑purchase acknowledgment with the terms and a direct cancellation link.

Renewal Reminders. We will send renewal reminders: (i) 7 days before monthly (and other terms under 1 year); (ii) 30 days before annual (12+ months); and (iii) for free trials of 31+ days, 7 days before first billing.

Easy Cancel. You may cancel at any time before the next renewal via My Account → Manage Subscriptions → Cancel, via the direct cancellation link in the acknowledgment or reminder emails, or by emailing info@vivea44.com.

No Cancellation of Shipped Orders; No Retroactive Refunds. Once a subscription shipment has shipped (including the first shipment), it cannot be canceled or refunded. Prior renewal charges are non‑refundable.

11) Promotions; Discount Codes; Pricing Tests

We may issue promotions, credits, or discount codes; we may modify, pause, or terminate any promotion at any time without notice. Promotions may not be combined or applied to prior purchases and may be subject to additional terms. We may conduct A/B or dynamic pricing; prices and offers may vary by user, channel, or time.

12) Loyalty/Rewards & Referrals (If Offered)

We may operate loyalty/rewards and/or referral programs. Program participation is voluntary. We may change, suspend, or terminate any program at any time. We may void, freeze, or forfeit points, credits, or rewards we believe were obtained through fraud, abuse, or violation of program rules. Details (earn/burn rates, expiration, tiers, referral values, and exclusions) will be provided in program‑specific pages and are incorporated by reference.

13) Wholesale Terms

Wholesale accounts are subject to approval and separate wholesale terms (these Terms apply where not inconsistent). We may require business information and, if tax‑exempt, a valid resale/exemption certificate. No transshipping (no resale via unauthorized channels or export).

Wholesale Return/Refund Policy (Final Sale).

  • All wholesale sales are final. Orders cannot be canceled or returned once confirmed.

  • Damaged or defective items: We will replace or credit any product that arrives damaged or defective if reported within 5 business days of delivery with photos, order number, and batch details.

  • No returns for unsold or unwanted goods: We do not accept returns for overstock, buyer’s remorse, or delayed resale.

  • Return authorization required: No returns will be accepted without prior written approval. Unauthorized returns will be refused or not credited.

  • Shipping: If an issue is approved, we cover shipping for damaged/defective goods; otherwise, the buyer is responsible for all shipping costs.

  • Refunds or credits: Approved refunds are issued only to the original payment method or as a credit toward a future order; no cash refunds.

14) Affiliate & Influencer Rules

Affiliates and influencers must comply with our affiliate terms and the FTC Endorsement Guides (clear, conspicuous disclosures of material connections; truthful, typical claims). Prohibited: brand bidding, ad hijacking, cookie stuffing, toolbar injection, unauthorized couponing, trademark misuse, unlawful claims. We may withhold, claw back, or charge back commissions for cancellations, returns, fraud, or violations, with a 60‑day validation window. We may auditaffiliate activity and request reasonable documentation (e.g., dashboards, traffic sources, screenshots). Affiliates indemnify us for their violations or misconduct.

15) Communications; Email & SMS Programs

Email. If you provide your email, you agree to receive marketing emails from VIVÉA 44 (Janel Gonzalez LLC) and our service providers acting on our behalf, which may be sent from domains or sending addresses we control now or later. You can unsubscribe at any time via the link in our emails. Each email will identify VIVÉA 44 as the sender and include our physical mailing address.

SMS/MMS. If you consent, you agree to receive recurring automated marketing text messages (e.g., cart reminders) from VIVÉA 44 at the mobile number you provide. Consent is not a condition of purchase. Message and data rates may apply. Message frequency varies. Reply STOP to cancel, HELP for help. See our SMS terms (incorporated herein) for details. We may send from short code, toll‑free, 10DLC, or other approved sender IDs. We may not respond to replies to marketing texts; please contact info@vivea44.com for support.

Call/Chat Recording. We may record calls or live chats for quality assurance; notices will be provided as required by law.

16) Privacy

Our Privacy Policy explains how we collect, use, disclose, and safeguard information, and provides U.S. state privacy rights (including opt‑out of sale/share and honoring Global Privacy Control (GPC)). The Privacy Policy is incorporated into these Terms.

17) Third‑Party Services; Links

Third‑party platforms (e.g., Shopify, payment processors, analytics/ads platforms, session‑replay tools, social networks) are independent services with their own terms and privacy policies. We are not responsible for third‑party content, products, or services.

18) Disclaimers; Limitation of Liability; Indemnity

AS IS. The Services and all content/products are provided “AS IS” and “AS AVAILABLE.” To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, title, and non‑infringement.

Limitation of Liability. To the maximum extent permitted by law, our total aggregate liability for any claims arising out of or relating to the Services, products, or these Terms will not exceed one hundred dollars (US $100). We will notbe liable for any indirect, incidental, special, punitive, or consequential damages (including lost profits, data loss, or business interruption).

Indemnity. You agree to defend, indemnify, and hold harmless VIVÉA 44, its affiliates, officers, directors, members, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Services, your User Content, your violation of these Terms or law, or your infringement of any rights.

Some jurisdictions do not allow certain exclusions or limitations; in such cases, the above will apply to the maximum extent permitted by law.

19) Dispute Resolution; Arbitration; Class Action & Jury Waivers

Governing Law & Venue. These Terms are governed by the laws of the State of California, without regard to conflict‑of‑laws rules.

Binding Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or products shall be resolved by binding arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures, before a single arbitrator, in Los Angeles County, California. Judgment on the award may be entered in any court of competent jurisdiction.

Class Action & Jury Trial Waivers. You and VIVÉA 44 waive the right to a jury trial and waive the right to participate in a class, collective, or representative action. Disputes must be brought in the parties’ individual capacities.

Injunctive Relief Carve‑Out. Either party may seek temporary or preliminary injunctive relief in any court of competent jurisdiction to protect intellectual property rights, confidential information, security, or to prevent unauthorized scraping or misuse of the Services.

Each party is responsible for its own attorneys’ fees and costs except as otherwise provided by applicable law or the arbitrator’s award.

20) DMCA; IP Complaints

If you believe content on the Services infringes your copyright or other IP rights, send a notice to our DMCA agent:
DMCA Agent: Legal Department, Janel Gonzalez LLC
Address: 76 Woodlyn Ln, Bradbury, CA 91008
Email: info@vivea44.com
Include all required elements under 17 U.S.C. §512(c)(3).

21) Electronic Communications; Notices

You consent to receive notices and disclosures electronically (e.g., email, SMS, or posting on the Site). You are responsible for keeping your contact information current.

22) Changes; Assignment; Severability; Entire Agreement

We may change the Services or these Terms at any time by posting updates (see opening paragraph). You may not assign these Terms without our prior written consent. We may assign or transfer these Terms without restriction. If any provision is held invalid, the remaining provisions will continue in full force. These Terms (including policies and program terms incorporated by reference) are the entire agreement between you and us regarding the Services.

23) U.S. Export & Sanctions; Force Majeure

You may not use the Services in violation of U.S. export control and sanctions laws. We are not liable for delays or failures due to events beyond our reasonable control.

24) Contact

Questions about these Terms: info@vivea44.com; mail: Janel Gonzalez LLC, 76 Woodlyn Ln, Bradbury, CA 91008.