Terms of Purchase


Date Last Revised: May 30, 2013

PLEASE READ THESE TERMS OF PURCHASE CAREFULLY BEFORE COMPLETING A PURCHASE USING THIS WEB SITE. In addition to the Terms of Use http://evolutionofsmooth.ca/terms-of-use/ which govern your use of this Web Site, these Terms of Purchase govern any order or purchase you (the individual completing this order, “you”) make on the Web Site operated by eos Products, LLC (“EOS” or “we”). These Terms of Purchase constitute a legal agreement between you and EOS; by proceeding to place an order and accepting these Terms of Purchase, you agree to be bound by these Terms of Purchase whether or not you have read them. YOU AGREE THAT THESE TERMS OF PURCHASE ARE ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. If you do not agree to these Terms of Purchase, proceed to cancel your order now. Please print a copy of these Terms of Purchase for your records.

The term “Web Site” means the web site at www.evolutionofsmooth.ca, including sub-domains of evolutionofsmooth.ca and pages within any such web site and any equivalent, mirror, replacement, substitute or backup for such web site. It does not apply to our other web sites on domains other than evolutionofsmooth.ca, which may have their own terms of purchase. The use of the word “including” in these Terms of Purchase to refer to specific examples will be construed to mean “including, without limitation” or “including but not limited to” and will not be construed to mean that the examples given are an exclusive list of the topics covered.


1. Order Process


All advertisements on this Web Site are invitations to purchase and not offers to sell. EOS reserves the right, at its sole discretion, to accept or reject your order once your order has been completed and submitted to EOS.

While it is EOS’s practice to confirm orders by email to the e-mail address associated with your order, this e-mail is a confirmation that your order has been received by EOS but does not constitute acceptance of your order. EOS reserves the right at any time after receipt of your order to accept or decline your order for any reason and EOS will contact you at the e-mail address provided in the order form of its decision to accept or reject your order. In the event that EOS rejects the order, EOS will have no obligation to fulfill your order and you will have no obligation to pay EOS for the order. EOS reserves the right, without prior notice, to limit the order quantity on any Order. EOS also may require verification of information prior to the acceptance and/or shipment of any order.


2. Price.


You agree to pay EOS the amount set out as the “TOTAL” in your order summary (the “Fee”). The Fee is quoted in United States dollars and includes shipping and handling, all applicable taxes, customs fees and brokerage fees which you are responsible for paying. Since our products are shipped from the United States, you will be responsible for and be charged for customs fees and brokerage fees, if any, which will be billed by the carrier.


3. Method of Payment.


Payments may be made using credit cards and debit cards.

You authorize EOS (and EOS’s designated payment processor) to charge the applicable card for the Fee and you represent and warrant that you are the cardholder of the applicable card. If your card is rejected by the card issuer, your order will not be shipped and EOS will have no obligation to fulfill your order.

You also authorize EOS (and EOS’s designated payment processor) to collect and store your credit card number, along with other related transaction information for use in connection with your current order and future purchases made through your account.

If you pay by credit or debit card, EOS may obtain a pre-approval from the issuer of the card for an amount up to the amount of the Fee.

EOS will bill your card at the time of purchase or shortly after. If you cancel a transaction before completing it, that pre-approval may result in your funds not otherwise being immediately available. If you pay by debit card and your payment results in an overdraft or other fee from your bank, you alone are responsible for that fee.

To the fullest extent permitted by law, you waive all claims against EOS related to payments unless you submit the claim to EOS within 30 days after the charge.


4. Availability.


The purchase of products on this Web Site is subject to availability. In the event that EOS advises you that such products are no longer available, EOS will have no obligation to fulfill your order and you will have no obligation to pay EOS for the order. If you have already paid for the order, your only remedy is to receive a refund of the amount paid by you to EOS for the order.


5. Geographic Scope.


This Web Site is intended for use by users in Canada, and products purchased on this Web Site will only be shipped to Canadian and American addresses. Please note that this Web Site is controlled and operated from the United States.


6. Shipping.


We will ship the products purchased by you on this Web Site to the Canadian shipping address you provided to us. Your purchase of any products through this Web Site will be based on the following shipping terms:

Shipping for orders comprising 6 or fewer individual lip balms (excluding gift sets/multi-packs) or hand lotions - or any combination thereof - is a flat rate of US $15.00 per shipment. Shipping will be via USPS.

Shipping for all other products is based on USPS Priority International weight-based rates and will be calculated during checkout.

It may take up to 2 weeks from the date you place your order to receive your order.


7. Privacy.


For information on how EOS collects, uses and protects the personal information you may provide on this Web Site, read EOS’s Privacy Policy available at http://evolutionofsmooth.ca/privacy-policy-cookie-restriction-mode (the “Privacy Policy”). Please print a copy for your records


8. Accounts; passwords; security. .


When you are setting up your account and/or making a purchase, you must give EOS accurate and complete information. This means that you cannot set up an account using someone else’s name or contact information, and in no event can you set up an account using a phony name or phony contact information. You are completely responsible for your account and everything that happens on your account. This means you need to be careful with your password. If you find out that someone is using your account without your permission, you must let EOS know immediately. You may not transfer your account to someone else. You will be liable for losses and damages incurred by EOS (or anyone else) due to the unauthorized use of your account.


9. Compliance with Laws.


It is your responsibility to ascertain and obey all applicable local, provincial, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Web Site.


10. Product Descriptions.


EOS makes commercially reasonable efforts to make product descriptions for items listed for sale on this Web Site as accurate as possible. Despite our efforts, the information on this Web Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on this Web Site. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. EOS makes all reasonable efforts to accurately display the attributes of its products, including the applicable colors; however, the actual color you see will depend on your computer system, and EOS cannot guarantee that your computer will accurately display such colors. If a product offered by EOS is not materially as described, your sole remedy is to return it in unused condition and obtain a refund from EOS.


11. Cancellation, Return, Refund, and Exchanges.


Except as otherwise expressly specified and to the extent permitted by applicable laws, all sales are final.

Certain Canadian jurisdictions may provide you specific cancellation right; EOS will respect all such applicable laws. Additionally, EOS will accept returns of unopened products in their original packaging that are received within 21 days of the shipment date; return shipping costs for such returns are your sole responsibility.


12. No Warranties.


TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, THE PRODUCTS PROVIDED ON THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER LEGAL, EXPRESS OR IMPLIED, ARISING FROM STATUTE, TORT, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS.


13. Limitation of liability.


TO THE FULL EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT WILL EOS (AND ITS SUPPLIERS AND PARTNERS AND ITS AND THEIR OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, ADVERTISERS, MANDATARIES AND LICENSORS) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ANY LOSS, COSTS, EXPENSES OR LOSS OF REVENUE OR PROFIT), ARISING OUT OF OR IN CONNECTION WITH ANY PRODUCTS PURCHASED FROM EOS OR THEIR USE OR MISUSE, WHETHER OR NOT ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), CIVIL LIABILITY OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EOS’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURY AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH ANY PRODUCTS PURCHASED FROM EOS AND ANY USE MADE THEREOF WILL BE LIMITED TO ALL FEES PAID BY YOU TO EOS HEREUNDER FOR THE PURCHASE OF SUCH PRODUCTS.

SUBJECT TO THE REQUIREMENTS OF APPLICABLE LAW, NO CLAIM OR ACTION IN RELATION TO YOUR ACCESS OR USE OF THIS WEB SITE OR ARISING FROM THESE TERMS OF PURCHASE MAY BE BROUGHT MORE THAN ONE YEAR AFTER SUCH CAUSE OF ACTION AROSE.


14. Technical Issues.


Your only remedy for a technical failure or interruption of service is to request that your transaction be completed at a later time.


15. Applicable law; jurisdiction.


These Terms of Purchase and any disputes arising under or related to these Terms of Purchase (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of Ontario and the laws of Canada applicable therein, without reference to its conflicts of law principles that would result in the application of the laws of another jurisdiction. Any legal actions, suits, proceedings, disputes, controversies or claims arising out of or relating to these Terms of Purchase (whether for breach of contract, tortious conduct or otherwise), including the validity, invalidity, breach or termination thereof, will be brought exclusively in court of competent jurisdiction located in Ontario, and you hereby accept and submit to the personal jurisdiction of such Ontario courts with respect to any legal actions, suits or proceedings arising out of these Terms of Purchase. Applicable laws may require that the laws of the Canadian jurisdiction in which you reside to apply, in which case the laws of such jurisdiction will apply. The parties hereby expressly agree to exclude the application of the United Nations Convention on Contracts for the International Sale of Goods as amended, replaced or re-enacted from time to time.


16. Severability; No Waiver; Assignment


If any provision of these Terms of Purchase shall be found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Purchase and shall not affect the validity and enforceability of any remaining provisions. No failure on the part of EOS to enforce any part of these Terms of Purchase shall constitute a waiver of any of EOS’s rights under these Terms of Purchase whether for past or future actions on the part of any person. Neither the receipt of any funds by EOS nor the reliance of any person on EOS’s actions shall be deemed to constitute a waiver of any part of these Terms of Purchase. Only a specific, written waiver signed by an authorized representative of EOS shall have any legal effect whatsoever. You may not assign these Terms of Purchase and/or your order or assign any rights or delegate any obligations hereunder and thereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect. EOS may assign these Terms of Purchase or any rights hereunder without your consent and without notice.


17. Changes to the Terms of Purchase.


EOS may at any time modify these Terms of Purchase by providing you notice, via e-mail or mail, to the e-mail or billing address associated with your account, all in accordance with applicable laws.


18. Language.


It is the express wish of the parties that these Terms of Purchase and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que tous les documents y afférents soient rédigés en anglais.


19. Entire Agreement.


These Terms of Purchase and your invoice/order constitute the entire agreement between you and EOS with respect to your purchase on this Web Site and supersede all previous agreements, understandings and representations relating thereto.


20. How to Contact EOS


We are located at:

eos Products
105 East 34th Street, #130
New York, NY 10016

You can also reach us at:

Email: info@evolutionofsmooth.com

Phone: (866) 547-4367 (toll-free)
(212) 929-6367
M-F 9:00am to 5:00pm ET