OVERVIEW
This website is operated by Manuela Valenti LLC dba By Valenti® Organics. Throughout the site, the terms “we,” “us,” and “our” refer to By Valenti®. We provide this website, including all information, tools, and services available, subject to your acceptance of the terms, conditions, policies, and notices outlined here.
By accessing our site and/or purchasing from us, you engage in our “Service” and agree to be bound by these Terms and Conditions (“Terms of Service,” “Terms”), including any additional terms and policies referenced or linked herein. These Terms apply to all users of the site, including but not limited to browsers, vendors, customers, merchants, and content contributors.
Please read these Terms of Service carefully before 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 the terms and conditions, you may not access the website or use any services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
Any new features or tools added to the store will also be subject to these Terms of Service. The most current version of the Terms is available on this page, and we reserve the right to update, change, or replace any part by posting updates to our website. It is your responsibility to review this page periodically for changes. Continued use of the website after updates are posted constitutes acceptance of those changes.
Our store is hosted by Shopify Inc., which provides the online e-commerce platform that enables us to offer our products and services to you.
SECTION 1 - TRADEMARKS AND COPYRIGHT
All content available on this website — including, but not limited to, text, images, product formulations, photographs, graphics, logos, trademarks, service marks, trade names, design elements, videos, product names, and software — is the property of Manuela Valenti LLC, BY VALENTI® and BY VALENTI® ORGANICS or its content suppliers, and is protected by applicable copyright, trademark, and other intellectual property laws in the USA and internationally.
BY VALENTI® and BY VALENTI® ORGANICS, along with any derivatives, variations, or adaptations of these trademarks — whether in whole or in part — on any platform, medium, or format, are the exclusive property of Manuela Valenti LLC.
Unauthorized use, reproduction, distribution, or misappropriation of our copyrighted material, trademarks, brand identity or any misleading representation — including but not limited to the creation of fake or derivative social media accounts, websites, or digital profiles intended to impersonate, mislead, or deceive the public, gain advantage of our name and goodwill — is strictly prohibited. We actively monitor such unauthorized use and will take legal action against individuals or entities that engage in infringement or fraudulent activities. We reserve all rights and remedies for infringement of our intellectual property and will prosecute violations to the fullest extent of the law.
You are granted a limited, non-exclusive, non-transferable license to access and use the website for personal, non-commercial purposes only. Any other use, including modification, distribution, transmission, or reproduction of any content without explicit consent from Manuela Valenti LLC, is strictly prohibited.
SECTION 2 - ONLINE STORE TERMS
By agreeing to these Terms, you confirm that you are either of the legal age of majority in your state or province of residence, or that you have obtained the necessary consent to allow your minor dependents to use this site.
You agree not to use our products for any unlawful or unauthorized purposes, and in using our Services, you must comply with all applicable laws and regulations, including but not limited to copyright and intellectual property laws.
Additionally, you must not transmit any worms, viruses, or harmful code of any kind. Any breach or violation of these Terms will result in the immediate termination of your access to our Services.
SECTION 3 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone, for any reason, at any time.
- You acknowledge that your content (excluding credit card information) may be transferred unencrypted and may involve:
(a) transmissions over various networks; and
(b) modifications to comply with technical requirements of connecting networks or devices. - Credit card information is always encrypted during transmission over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, access to the Service, or any contact on the website through which the Service is provided, without our express written permission.
The headings in this agreement are included for convenience only and do not limit or otherwise affect these Terms.
SECTION 4 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We do not guarantee that the information available on this site is accurate, complete, or current. The content provided is for general informational purposes only and should not be relied upon as the sole basis for making decisions without consulting primary, more accurate, complete, or timely sources. Any reliance on the material available on this site is at your own risk.
This site may include historical information, which is provided for reference purposes only and may not be current. We reserve the right to modify the contents of this site at any time; however, we are under no obligation to update any information.
You acknowledge that it is your responsibility to monitor any changes to our site.
SECTION 5 - MODIFICATIONS TO THE SERVICE AND PRICES
Product prices are subject to change without notice. Ingredient manufacturers and producers may adjust costs at their discretion, and we will update our product prices accordingly upon receiving notice of such changes.
We reserve the right to modify or discontinue the Service, or any part of its content, at any time without prior notice.
We shall not be liable to you or any third party for any modifications, price changes, suspensions, or discontinuation of the Service.
SECTION 6 - PRODUCTS AND SERVICES
Certain products or Services may be available exclusively online through our website. These products or Services may have limited quantities and are subject to return or exchange only in accordance with our Refund Policy.
We have made every effort to accurately display the colors and images of our products as they appear in our store; however, we cannot guarantee that your device’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sale of our products or Services to any individual, geographic region, or jurisdiction, and may exercise this right on a case-by-case basis. Additionally, we reserve the right to limit the quantities of any products or Services we offer.
All product descriptions and pricing are subject to change at any time without notice, at our sole discretion. We also reserve the right to discontinue any product at any time. Any offer for a product or Service made on this site is void where prohibited by law.
We do not guarantee that the quality of any products, Services, information, or other materials purchased or obtained will meet your expectations, nor do we warrant that any errors in the Service will be corrected.
For details regarding subscription services, please refer to our Subscription Policy, which serves as an addendum to these Terms.
SECTION 7 - SHIPPING POLICY
By placing an order on through the store you agree to our Shipping Policy.
SECTION 8 - MEDICAL DISCLAIMER
We believe in the nutritional benefits of the natural botanical ingredients used in our soaps and skincare products. We also believe that natural products are milder, healthier, gentler on the skin, and better for the environment. While many believe in the healing properties of herbs, essential oils, and other natural ingredients, they are not intended to be used for self-medication or to treat any physical or mental health conditions. If you have a medical condition such as acne, rosacea, eczema, or any other concern, please consult your doctor or a qualified healthcare professional before using our products.
We are not responsible or liable for any individual reaction to specific ingredients. Each product description on our website and packaging includes a complete list of ingredients. If you have sensitivities or allergies to any listed ingredients, you should not use the product. If you choose to do so, you agree to assume full responsibility and release us from any liability for potential adverse reactions. Individuals may develop sensitivities or reactions at any time, even without prior conditions. If irritation occurs, discontinue use immediately and consult a healthcare professional.
The content provided on this website is for informational purposes only and has not been evaluated by the Food and Drug Administration (FDA). Our products are intended for personal care and enjoyment. The information presented is sourced from various references to educate customers about the potential benefits of herbs, essential oils, and other natural ingredients in our products.
Information and statements regarding the health-related benefits of certain ingredients are not intended to diagnose, treat, cure, or prevent any disease. The information provided should not replace advice from your physician or medical professional. Do not use the content on this site to self-diagnose or treat any health problems or conditions. The information provided is not intended to prescribe or be considered medical advice.
SECTION 9 - PROMOTIONAL SALES AND SPECIALS
We may, at our sole discretion, offer limited-time promotional price reductions in the form of sales, sales events, specials, and similar promotions (“Offer”) exclusively on our website. Each Offer is valid only for the specified promotional period (“Promotional Period”), as detailed on the corresponding event page on our website. To qualify for the promotional pricing, orders must be placed within the designated Promotional Period.
Promotional Offers do not apply to taxes, shipping and handling fees, previous purchases, special or prior orders, orders placed after the Promotional Period, raincheck items, gift cards, gift certificates, or gift packaging.
Offers are subject to adjustments based on returns, cancellations, and/or exchanges. We reserve the right to modify or discontinue any Offer at any time, for any reason, without prior notice.
Promotional Offers cannot be combined with any other coupons, discounts, or promotional offers. They are non-transferable and cannot be redeemed for cash or credit.
SECTION 10 - PRE-ORDERS - OUT OF STOCK PRODUCTS
Due to our manufacturing process, some products may be marked as “Out of Stock” with no option to place an order, while others may be available for pre-order despite not being ready for immediate shipment. Products available for pre-order will display an estimated shipping date on the product listing page.
By placing an order for a pre-order product, you acknowledge and agree that your entire order will not be shipped until the pre-ordered product is back in stock and available for dispatch on the specified date. Your credit card will not be charged until your entire order is ready for shipment.
If an item becomes out of stock during order processing, the order total will be adjusted accordingly, and the unavailable product will be removed from the final invoice.
SECTION 11 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
To ensure legal authorization for credit card transactions, the billing name and address provided must match the name and address associated with the credit card. Third parties, including spouses or other individuals claiming to have received verbal authorization to use your card, do not constitute valid legal authorization, as they are not the registered cardholder.
We reserve the right to refuse any order placed with us. At our sole discretion, we may limit or cancel quantities purchased per person, per household, or per order. These restrictions may apply to orders placed using the same customer account, credit card, billing address, and/or shipping address. If any changes are made to your order or if it is canceled, we may attempt to notify you using the email address, billing address, or phone number provided at the time of purchase. We also reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all transactions made through our store. It is your responsibility to promptly update your account details, including email address, credit card information, and expiration dates, to ensure the successful completion of your transactions and to allow us to contact you when necessary.
For more details, please review our Refund Policy.
SECTION 12 - OPTIONAL TOOLS
We may provide you with access to third-party tools and services over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.
SECTION 13 - THIRD-PARTY LINKS
We may provide access to third-party tools and services over which we have no control, monitoring, or input. You acknowledge and agree that such tools are provided on an “as is” and “as available” basis, without any warranties, representations, conditions, or endorsements of any kind. We assume no liability arising from or related to your use of these optional third-party tools.
Your use of optional tools available through our site is entirely at your own risk and discretion. It is your responsibility to ensure that you are familiar with and agree to the terms and conditions set forth by the respective third-party provider(s).
Additionally, we may introduce new services, features, or tools through the website in the future, including updates and additional resources. Any such new features and services will also be subject to these Terms.
SECTION 14 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you submit specific materials at our request (such as contest entries), or if you voluntarily provide creative ideas, suggestions, proposals, plans, or other materials—whether online, by email, postal mail, or otherwise (collectively referred to as "comments")—you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate, and use your comments in any medium. We are under no obligation to:
- Maintain any comments in confidence;
- Provide compensation for any comments; or
- Respond to any comments.
While we may, at our sole discretion, monitor, edit, or remove content that we determine to be unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable—or content that violates any party’s intellectual property rights or these Terms—we are not obligated to do so.
You agree that your comments will not violate any third-party rights, including but not limited to copyright, trademark, privacy, personality, or any other personal or proprietary rights. Furthermore, you agree that your comments will not contain any unlawful, abusive, defamatory, obscene material, or any computer virus or malware that could interfere with the operation of the Service or any related website.
You may not use a false email address, impersonate someone else, or otherwise mislead us or third parties regarding the origin of any comments. You are solely responsible for the accuracy of your comments, and we assume no responsibility or liability for any comments posted by you or any third party.
SECTION 15 - PERSONAL INFORMATION
Your submission of personal information through our website is governed by our Privacy Policy.
SECTION 16 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on our site or within the Service may contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to modify or update information, or cancel orders if any information within the Service or on any related website is found to be inaccurate—at any time and without prior notice, including after an order has been submitted.
We are under no obligation to update, amend, or clarify information within the Service or on any related website, including but not limited to pricing information, except as required by law. No specific update or refresh date applied in the Service or on any related website should be interpreted as an indication that all information has been modified or updated.
SECTION 17 - PROHIBITED USES
In addition to the prohibitions outlined in these Terms, you are strictly prohibited from using the site or its content for the following purposes:
- For any unlawful purpose;
- To solicit others to engage in unlawful activities;
- To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances;
- To infringe upon or violate our intellectual property rights or those of others;
- To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- To submit false or misleading information;
- To upload or transmit viruses or any other malicious code that could affect the functionality or operation of the Service, related websites, other websites, or the Internet;
- To collect or track the personal information of others;
- To engage in spamming, phishing, pharming, pretexting, spidering, crawling, or scraping;
- For any obscene or immoral purpose; or
- To interfere with or circumvent the security features of the Service, related websites, other websites, or the Internet.
We reserve the right to terminate your access to the Service or any related website if you violate any of these prohibited uses.
SECTION 18 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results obtained from the use of the Service will be accurate or reliable. You acknowledge and agree that we may, from time to time, remove the Service for indefinite periods or cancel the Service at any time without prior notice.
You expressly agree that your use of the Service, or inability to use the Service, is at your sole risk. The Service, along with all products and services delivered to you through it, is provided on an "as is" and "as available" basis, unless expressly stated otherwise by us. We make no representations, warranties, or conditions of any kind, either express or implied, including but not limited to implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no event shall By Valenti®, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind. This includes, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise. This applies to any claims arising from your use of the Service or products purchased through the Service, including but not limited to errors or omissions in any content, or any loss or damage incurred as a result of the use of the Service or any content (or product) made available via the Service, even if advised of the possibility of such damages.
Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in such states or jurisdictions shall be limited to the maximum extent permitted by law.
We shall not be liable under any circumstances for the use or misuse of our products. You assume full responsibility for the use of our products. If any product causes an allergic reaction, you should discontinue use immediately and consult your physician. Most of our products are not intended for use on babies or newborns. The use of any of our products is solely at your own risk, and we assume no liability or responsibility if our products are incompatible with your skin type or your baby's skin.
SECTION 19 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless By Valenti®, along with our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claims, demands, liabilities, damages, costs, or expenses, including reasonable attorneys' fees, arising from:
- Your breach of these Terms or any documents referenced herein;
- Your violation of any applicable law or regulation; or
- Your infringement of the rights of any third party.
This indemnification obligation will survive the termination of your use of the Service.
SECTION 20 - SEVERABILITY
If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall still be enforceable to the maximum extent permitted by applicable law. The unenforceable portion shall be deemed severed from these Terms, and such a determination shall not affect the validity or enforceability of the remaining provisions.
SECTION 21 - TERMINATION
Any obligations and liabilities incurred by the parties prior to the termination date shall survive the termination of this agreement for all purposes. These Terms remain in effect unless terminated by either you or us.
You may terminate these Terms at any time by notifying us that you no longer wish to use our Services or by ceasing to use our site.
If, in our sole discretion, you fail to comply with any provision of these Terms, or if we suspect such failure, we reserve the right to terminate this agreement at any time without prior notice. Upon termination, you will remain responsible for any outstanding amounts due up to and including the date of termination, and we may deny you access to our Services, in whole or in part.
SECTION 22 - ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms, along with any policies or operating rules posted on this site or related to the Service, constitute the entire agreement and understanding between you and us. They govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, previous versions of these Terms).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 23 - GOVERNING LAW
These Terms and any separate agreements through which we provide you with Services shall be governed by and construed in accordance with the laws of the United States and the State of Michigan.
SECTION 24 - FORCE MAJEURE
We shall not be held liable for any delay or failure to perform our obligations under these Terms due to causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, strikes, labor disputes, supply chain disruptions, war, terrorism, or governmental actions.
SECTION 25 - THIRD-PARTY LINKS AND SERVICES
Our website may contain links to third-party websites or services that are not affiliated with us. We are not responsible for the content, policies, or practices of any third-party sites and encourage you to review their terms before engaging with them. Your interactions with third-party services are at your own risk.
SECTION 26 - ACCOUNT TERMINATION AND SUSPENSION
We reserve the right to suspend or terminate your account if you violate these Terms or engage in fraudulent, abusive, or unlawful activity. You may also request to terminate your account at any time by contacting us.
SECTION 27 - DISPUTE RESOLUTION
Any disputes arising from or relating to these Terms, our products or services shall be resolved through binding arbitration in the state of Michigan, in accordance with the rules of the American Arbitration Association. Both parties agree to waive their right to a trial by jury and to participate only in their individual capacities.
SECTION 28 - ELECTRONIC COMMUNICATIONS
By using our website, you consent to receive communications from us electronically, including emails, messages, SMS, text messages, and notifications related to your account, transactions, and promotional offers. You may opt out of promotional communications at any time.
SECTION 29 - CHANGES TO TERMS OF SERVICE
The most current version of these Terms is always available on this page. We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms by posting revisions on our website. It is your responsibility to periodically review our website for any changes.
Your continued use of or access to our website or Services after any updates are posted constitutes your acceptance of the revised Terms.
These Terms were last updated on 01/25/2023, and all changes are effective immediately upon posting.
SECTION 30 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us using the Contact Us form on our Site. Our contact information is posted below: Manuela Valenti, LLC d.b.a. By Valenti® Organics PO BOX 183325, Shelby Twp., MI 48318.
