Terms of Sale

Welcome to the Winnow Clean. By. Design. LLC (“WINNOW”) website

www.winnowskincare.com, and/or any related mobile website or microsite (collectively, the “Website”). These are the terms and conditions (“Sales Terms”) that apply when you purchase merchandise, gift cards, and/or e-gift cards from the Website. If you place an order for merchandise through the Website, then you are confirming your acceptance of, and agreement to be bound by, these Sales Terms.

For purposes of these Sales Terms, any order that matches at least one of the above situation may be referred to as an order that was placed on the Website. Since these Sales Terms are subject to modification from time to time, please review and then save a copy for your personal records prior to your placement of each order.  

If you have questions in regards to these Sales Terms and/or any aspect of your order, then please contact the Winnow Customer Service Department by email
at care@winnowcbd.com.

  1. Order and Acceptance.
    1. Each part of an order that you submit to WINNOW constitutes an offer to make a purchase. After WINNOW receives your order through the Website, you will receive an email from WINNOW confirming receipt of your order. If you do not receive an email from WINNOW confirming receipt of an order that you placed, then please contact the Winnow Customer Service Department at the contact information provided above before you attempt to resubmit the same order. Please note that WINNOW’S confirmation of receipt of your order does not equate to WINNOW’S acceptance of your order.
    2. WINNOW is not deemed to have accepted any part of your order until the requested item(s) has/have been shipped and WINNOW has sent an email confirming shipment of that order (a “Shipment Confirmation Email”).
    3. If WINNOW rejects your order due to an error in pricing and/or other information, then WINNOW will notify you at the email address that  you have provided. Once the error has been corrected, WINNOW will ask you whether or not you would like to resubmit your order. If WINNOW has notified you that your order has been accepted by sending you a Shipment Confirmation Email, then you will not be required to pay a price that is greater than the order total that is listed in the email. If WINNOW has distributed merchandise that is different from the description of the relevant merchandise (as displayed on the Website at the time at which you placed your order), then you may request a return. For additional details, please review the Returns Policy outlined below.

  2. Refusing an Order
    Although it is unlikely that WINNOW would refuse to accept an order, WINNOW reserves the right to deny any order for any reason, including where the following situations arise:
    1. Error(s) in Billing, Payment, and/or Shipping Information
      Some orders cannot be processed due to erroneous information that you have provided, which includes, but is not limited to:
      1. Incorrect credit card or debit card number, expiration date, and/or security value.
      2. Other incorrect information regarding payment types.
      3. Incorrect billing information (e.g., when you provide billing information that is inconsistent with the billing information that your financial institution has on record).
      4. Insufficient or incorrect information regarding your shipping address (e.g., street address, city, state, zip or postal code, etc.).
      5. Suspected fraudulent information.
    2. Delayed Shipment or Unavailability of Merchandise
      If an item of merchandise is delayed out of the WINNOW’S fulfillment center or becomes unavailable, or if there is an error on the Website pertaining to the order (e.g., an error pertaining to the price and/or description of merchandise), then WINNOW may cancel the order. If this occurs, then WINNOW will contact you so that you are aware of the situation.
    3. Reshipping of Merchandise
      WINNOW’S policies do not allow merchandise to be reshipped in any way. Any order that is being shipped to a "Freight Forwarding Company" will not be accepted.
    4. Resale of Merchandise
      WINNOW is a valuable brand and, to protect WINNOW’S intellectual property rights, any suspected resale of merchandise for personal and/or business profit is strictly prohibited. WINNOW will not accept any order that is deemed to possess characteristics of reselling. WINNOW reserves the right to cancel any subsequent order from a customer who has been suspected of reselling.
    5. Previous Fraudulent Order History
      WINNOW may refuse to accept any order if fraudulent activity is suspected. WINNOW may refuse to process any subsequent order from a customer who has a history of placing fraudulent orders. WINNOW may refuse any order that is connected with a previous credit card dispute.

  3. Engagement with Winnow and Affiliates
    1. WINNOW and its suppliers, distributors, or any other affiliates reserve the right to block from receiving marketing communications and/or the right to remove and/or unsubscribe from the Website and all related platforms any email address, phone number, and/or mailing address that is associated with a customer who has been determined by WINNOW to possess characteristics of reselling and/or a customer order that has been determined by WINNOW to be fraudulent. Platforms affected by such removal and/or unsubscriptions include, but are not limited to:
      1. Any of WINNOW’S online accounts;
      2. Email marketing lists;
      3. Text messaging programs; and/or
      4. Direct mailing lists.
    2. In addition, affected customers may be prohibited from accessing and/or registering for each of the aforementioned platforms in the future.

  4. Customer Initiated Order Cancellations and Changes
    You may make changes to or cancel your order at any time prior to the packing of your order in the Winnow Distribution Center. To make changes to or cancel your order, please contact the Winnow Customer Service Department by email at care@winnowskincare.com

  5. Merchandise on Backorder
    1. Merchandise on backorder is temporarily out of stock. If WINNOW is unable to ship any merchandise on backorder within thirty (30) days of the date on which you placed your order, then WINNOW will notify you at the email address that you have provided. You will not be charged for merchandise on backorder until it has been shipped.
    2. All items in an order will be shipped via the shipping service type that you selected when placing your order. The status of a backordered item will remain open in an order until:
      1. The merchandise is in stock, WINNOW has taken payment, and WINNOW has shipped the merchandise;
      2. WINNOW has contacted you to inform you that an item has been canceled; or
      3. You contact WINNOW for the purpose of making a change to or cancelling your order.

  6. Prices and Payments
    1. WINNOW may vary the price of its merchandise at any time. After WINNOW has accepted an order, WINNOW will not alter the price (except for merchandise that is eligible for a price adjustment).
    2. Price adjustments
      Orders that will be shipped to the U.S.: If you have ordered merchandise via the Website and WINNOW has reduced the price of any item of merchandise (of the same color and size) in your order, then WINNOW will process a price adjustment for you. WINNOW offers price adjustments only for merchandise purchased at full price. Each item that you purchase from WINNOW is eligible for only one (1) price adjustment. In order to request a price adjustment, please contact the Winnow Customer Service Department by email at care@winnowcbd.com within fourteen (14) days of the date on which you placed your order. Please remember to include your order number and other relevant details regarding the merchandise that you believe to be eligible for a price adjustment.
    3. Payments by credit card
      1. When you pay for an order using a credit card, WINNOW reserves the right to request additional evidence of your billing information. Please note that all payments with a debit card will be processed in the form of credit. The charge for your order will appear on your credit card statement as "SP Winnow." If you contest the validity and/or the amount of a charge pertaining to an order from WINNOW and you believe it to be fraudulent, then please contact WINNOW by email at care@winnowskincare.com.
      2. WINNOW will fully prosecute any fraudulent activity pertaining to the reversal of a valid charge for an order filed and delivered to the customer. In the event that your order has been canceled, then any "authorization hold" will drop off of your account within three (3) to five (5) business days.

  7. Limitation of Liability
    1. FOR PURPOSES OF THIS LIMITATION OF LIABILITY PROVISION, “WINNOW” INCLUDES NOT ONLY WINNOW CLEAN. BY. DESIGN. LLC, BUT ALSO ITS PARENTS, SUBSIDIARIES, AFFILIATES, PREDECESSORS, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS.
    2. YOU WAIVE THE ABILITY TO ASSERT A CLAIM AGAINST WINNOW MORE THAN ONE (1) YEAR AFTER THE FIRST EVENT OR FACT THAT GIVES RISE TO THE CLAIM.
    3. IN NO EVENT SHALL WINNOW BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS OR BUSINESS OPPORTUNITIES), REGARDLESS OF THE LEGAL THEORY, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE, AND REGARDLESS OF WHETHER WINNOW WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    4. NOTWITHSTANDING THE FOREGOING, THESE LIMITATIONS OF LIABILITY SHALL NOT APPLY TO INJURIES: (1) TO THE BODY OR PERSON; OR (2) CAUSED BY WINNOW’S WILLFUL, MALICIOUS, RECKLESS, OR GROSSLY NEGLIGENT ACTS OR OMISSIONS.
    5. THESE LIMITATIONS OF LIABILITY SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. BECAUSE THE LAW REGARDING LIMITATIONS OF LIABILITY VARIES FROM STATE TO STATE, THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

  8. Additional Terms and Resources
    1. If you have ordered merchandise via the Website, then your use of the Website is subject to the Website Terms of Use. Any personally identifiable information that you provide to WINNOW via the Website is subject to the Privacy Policy.
    2. WINNOW is located, and controls the Website, from its offices located in the State of New York. These Sales Terms shall be governed by the laws of the State of New York, without giving effect to its conflict of laws provisions. These Sales Terms are not enforceable by any party other than WINNOW and its customers. If any provision of these Sales Terms is determined to not be enforceable, then that particular term will be deleted and all other terms will remain.