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Terms of Use

TENDERLY TERMS OF USE
Effective Date: September 2025

By accessing and using Tenderly's website, products, and services, you agree to be bound by these Terms of Use. Please read carefully before making any purchases.

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ACCEPTANCE OF TERMS

Agreement to Terms
By purchasing, using, or accessing any Tenderly products or services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and our Privacy Policy. These terms apply to all customers, regardless of location.

Capacity to Contract
You represent that you are at least 18 years old and have the legal capacity to enter into this agreement. If you are under 18, you must have parental consent and supervision for product use.

Modifications
We reserve the right to modify these terms at any time. Changes will be effective immediately upon posting on our website. Continued use after modifications constitutes acceptance of new terms.

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PRODUCT INFORMATION AND MEDICAL DISCLAIMERS

FDA and Health Authority Disclaimers
These statements have not been evaluated by the FDA or Botswana Ministry of Health. Products are not intended to diagnose, treat, cure, or prevent any disease.

Our products are cosmetic preparations for topical use only and are not medical treatments. Any health-related claims are based on cosmetic benefits, not medical or therapeutic effects.

Active Ingredient Warnings
Our products contain active ingredients including retinol, vitamin C, and alpha/beta hydroxy acids. These ingredients may cause:
- Increased sun sensitivity
- Initial skin irritation or dryness
- Allergic reactions in sensitive individuals
- Interactions with other skincare products

MANDATORY PATCH TESTING: We strongly recommend patch testing all products before full use. Apply small amount to inner arm, wait 24 hours, and check for adverse reactions.

Contraindications
Do NOT use our products if you:
- Are pregnant or nursing (especially retinol products)
- Have active skin conditions requiring medical treatment
- Are currently using prescription retinoids or acids
- Have known allergies to listed ingredients
- Are under 18 without parental supervision

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CUSTOMER RESPONSIBILITIES AND ASSUMPTION OF RISK

Informed Use Agreement
By purchasing and using our products, you acknowledge that:
- You have read all ingredient lists and warnings
- You understand the risks associated with active ingredients
- You will follow all usage instructions and recommendations
- You will perform patch testing before first use
- You assume all risk of adverse reactions when used as directed

Usage Instructions Compliance
You agree to:
- Follow all provided usage instructions exactly
- Start with recommended frequencies and amounts
- Use appropriate sun protection with photosensitizing ingredients
- Discontinue use immediately if irritation occurs
- Seek professional medical advice for severe reactions

Sun Protection Requirement
CRITICAL: When using retinol or acid products, you MUST use broad-spectrum SPF 30+ sunscreen daily. Failure to do so increases risk of sun damage and hyperpigmentation.

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LIABILITY LIMITATIONS

Limited Liability
TENDERLY'S TOTAL LIABILITY SHALL NOT EXCEED THE PURCHASE PRICE OF THE SPECIFIC PRODUCT CAUSING ANY CLAIMED DAMAGE. We shall not be liable for indirect, incidental, special, consequential, or punitive damages.

Assumption of Risk
You acknowledge that skincare products, particularly those with active ingredients, carry inherent risks including but not limited to:
- Allergic reactions and skin sensitivities
- Purging or initial breakout periods
- Sun sensitivity and photodamage
- Interactions with other products or medications

Professional Medical Advice
We are not medical professionals. Our recommendations are cosmetic guidance only. Always consult healthcare providers for:
- Medical skin conditions
- Medication interactions
- Severe or persistent reactions
- Professional treatment decisions

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INTELLECTUAL PROPERTY

Trademark Protection
"Tenderly" and all related logos, product names, and marketing materials are protected trademarks. Unauthorized use is strictly prohibited.

Content Ownership
All website content, product descriptions, formulation information, and educational materials are proprietary to Tenderly and protected by copyright law.

User-Generated Content
By submitting reviews, photos, or other content, you grant Tenderly unlimited rights to use, modify, and distribute such content for marketing and educational purposes.

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ORDERING AND PAYMENT

Order Acceptance
All orders are subject to acceptance and product availability. We reserve the right to refuse or cancel orders for any reason, including:
- Product safety concerns for specific customers
- Inventory limitations
- Suspected fraudulent activity
- Violation of terms of use

Pricing and Payment
- All prices are in Botswana Pula (BWP)
- Prices subject to change without notice
- Payment required before shipping (except Pay After Delivery options)
- All sales final except as specified in Return Policy

Pay After Delivery Terms
For Pay After Delivery orders:
- Products must be inspected immediately upon delivery
- Payment due within 24 hours of satisfactory inspection
- Products remain Tenderly property until payment
- Return required if payment not made within specified timeframe

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SHIPPING AND DELIVERY

Delivery Terms
- Delivery times are estimates, not guarantees
- Risk of loss transfers upon delivery
- Signature required for delivery confirmation
- Customer responsible for providing accurate delivery address

International Shipping
For international orders:
- Customer responsible for customs duties and taxes
- Longer delivery times apply
- Some products may be restricted in certain countries
- International returns subject to additional requirements

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CUSTOMER DATA AND PRIVACY

Health Information Collection
We collect health-related information including:
- Skin type and sensitivity information
- Allergy and reaction history
- Product usage patterns
- Consultation responses

Data Use Limitations
Health information is used solely for:
- Product safety screening
- Personalized recommendations
- Adverse event reporting
- Customer safety monitoring

Data Protection
We implement industry-standard security measures to protect customer health data and comply with applicable privacy laws.

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PROHIBITED USES

You may not:
- Resell products without written authorization
- Use products for commercial beauty services without licensing
- Modify, dilute, or alter product formulations
- Share personal consultation information with others
- Use products beyond expiration dates
- Ignore safety warnings or instructions

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DISPUTE RESOLUTION

Governing Law
These terms are governed by the laws of Botswana. Any disputes will be resolved in Botswana courts.

Mediation Requirement
Before filing any legal action, parties agree to attempt good-faith mediation through a mutually agreed mediator.

Class Action Waiver
You agree to resolve disputes individually and waive rights to participate in class action lawsuits.

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FORCE MAJEURE

We are not liable for delays or failures due to circumstances beyond our control, including natural disasters, government actions, supply chain disruptions, or public health emergencies.

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SEVERABILITY

If any provision of these terms is found unenforceable, the remaining provisions remain in full effect.

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CONTACT INFORMATION

For Terms of Use Questions:
Email: info@tenderly.store
WhatsApp: +267 74033153

For Product Safety Concerns:
Immediate WhatsApp: +267 74033153
Email: info@tenderly.store

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ACKNOWLEDGMENT

BY USING OUR PRODUCTS AND SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS, AGREE TO ASSUME THE RISKS ASSOCIATED WITH ACTIVE INGREDIENT SKINCARE, AND CONSENT TO THE LIMITATIONS OF LIABILITY DESCRIBED HEREIN.

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These Terms of Use comply with Botswana consumer protection laws, international cosmetic regulations, and best practices for active ingredient skincare businesses. Terms subject to updates based on regulatory changes.