Terms of service
TERMS OF SERVICE
Last updated: August 4, 2026
OVERVIEW
Welcome to MisMacK Clean Cosmetics®.
The terms “we,” “us,” and “our” refer to MisMacK Clean Cosmetics®. MisMacK Clean Cosmetics® operates this website and online store, including all related information, content, features, tools, products, and services provided to you through the website, collectively referred to as the “Services.”
Our store is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service, together with any policies referenced within them, describe your rights and responsibilities when accessing or using our Services.
Please read these Terms carefully. They contain important information about your legal rights, responsibilities, warranty limitations, and limitations of liability.
By visiting, interacting with, purchasing from, or otherwise using our Services, you agree to these Terms of Service and our Privacy Policy. If you do not agree with these Terms or our Privacy Policy, you must not access or use the Services.
SECTION 1: ACCESS AND ACCOUNTS
By agreeing to these Terms, you confirm that you are at least the age of majority in your province, state, territory, or country of residence.
If you permit a minor dependent to access or use the Services through a device you own or manage, you accept responsibility for their use of the Services.
To browse our store, create an account, or purchase products or services, you may be required to provide information including your name, email address, phone number, billing address, shipping address, and payment information.
You confirm that all information you provide is accurate, current, and complete and that you have the authority to provide it.
You are responsible for protecting your account credentials and for all activity conducted through your account. You may not sell, transfer, assign, or license your account to another person.
SECTION 2: OUR PRODUCTS AND PRODUCT INFORMATION
We make reasonable efforts to ensure that product descriptions, photographs, ingredients, colours, shades, pricing, and other information appearing on our website are accurate.
Actual colours and product appearance may differ depending on your device, screen, lighting, settings, skin tone, and application method. We cannot guarantee that your device will display colours accurately.
Cosmetic and skincare results vary between individuals. We do not guarantee that a product will produce a particular result or meet every individual preference or expectation.
Product information provided through the Services is for general informational purposes only. It is not medical advice and is not intended to diagnose, treat, cure, or prevent any disease or medical condition.
Customers are responsible for reviewing ingredient lists before use. If you have known allergies, sensitivities, skin conditions, or medical concerns, consult an appropriate healthcare professional before using a product.
Follow all product directions and discontinue use if irritation or an adverse reaction occurs.
We reserve the right to change product descriptions, ingredients, packaging, pricing, availability, or other information when reasonably required. Ingredient lists shown on product packaging should be treated as the most current information for the specific product received.
We may discontinue products or limit the quantity available to any person, household, geographic region, or jurisdiction.
SECTION 3: ORDERS
Placing an order constitutes an offer to purchase products or services from MisMacK Clean Cosmetics®.
We reserve the right to accept, decline, limit, or cancel an order where reasonably necessary. Reasons may include product availability, payment concerns, suspected fraud, incorrect pricing, shipping restrictions, or errors in product information.
An order is not accepted until payment has been successfully processed and we have issued an order confirmation.
Please review your order carefully before submitting it. Orders begin processing quickly, and cancellation requests cannot be guaranteed.
If we decline, change, or cancel an order, we will attempt to contact you using the email address, billing address, shipping address, or phone number provided with the order.
Purchases are subject to our Return and Refund Policy, which is available through the policy links in our store footer and during checkout.
Products purchased through our consumer website are intended for personal or household use. Products may not be purchased for commercial resale unless MisMacK Clean Cosmetics® has provided written authorization or the purchase is made through an approved wholesale arrangement.
Wholesale accounts and orders may be subject to separate terms, policies, minimum orders, pricing, payment requirements, and agreements.
SECTION 4: PRICES, PAYMENTS, AND BILLING
Unless otherwise indicated, prices shown on our Canadian website are displayed in Canadian dollars.
Prices, promotions, discount codes, and product availability may change without notice. The price charged will be the price displayed and accepted at the time the order is submitted, subject to the correction of genuine errors.
Unless expressly stated otherwise, displayed prices do not include applicable taxes, shipping charges, customs duties, tariffs, brokerage fees, or other import charges.
Prices offered through our online store may differ from prices available at our physical location, events, retail partners, wholesale accounts, or other authorized sellers.
Promotions may be governed by additional terms. If promotional terms conflict with these Terms, the promotional terms will apply to that promotion.
You agree to provide accurate and complete billing, payment, shipping, and account information. You agree to update your information when necessary so we can process your order and contact you.
You confirm that you are authorized to use the payment method submitted and that the payment information provided is accurate.
You are responsible for all charges associated with an approved order, including the product price, taxes, shipping, and any applicable customs or import charges.
SECTION 5: SHIPPING AND DELIVERY
Orders are shipped in accordance with our Shipping Policy, which is available through the policy links in our store footer and during checkout.
Processing and delivery times are estimates and are not guaranteed.
We are not responsible for delays caused by carriers, weather, labour disruptions, customs processing, incorrect addresses, border inspections, natural events, or circumstances reasonably beyond our control.
Customers are responsible for providing a complete and accurate shipping address. Additional costs caused by an incorrect or incomplete address may be charged to the customer where permitted by law.
International customers may be responsible for customs duties, tariffs, import taxes, brokerage fees, and other charges imposed by the destination country. These charges are not included unless expressly stated during checkout.
We will provide notice of known material delays when reasonably possible.
Responsibility for loss or damage during delivery will be determined according to applicable law and our Shipping Policy. Nothing in these Terms limits any delivery rights that cannot legally be waived.
SECTION 6: RETURNS, REFUNDS, AND MANUFACTURING DEFECTS
Due to the sanitary and hygienic nature of cosmetics and skincare products, all purchases are final sale unless otherwise required by law.
We do not accept returns or exchanges for change of mind, shade selection, personal preference, skin sensitivity, allergic reaction, or products that have been opened or used.
If a product has a suspected manufacturing defect, arrives damaged, or is not the product ordered, contact us in accordance with our Return and Refund Policy.
We may request photographs, video, the order number, packaging information, or the return of the affected product before approving a replacement or refund.
Nothing in these Terms or our Return and Refund Policy limits rights or remedies that cannot legally be waived under applicable consumer protection laws.
SECTION 7: INTELLECTUAL PROPERTY
The Services and their contents are owned by or licensed to MisMacK Clean Cosmetics® and are protected by Canadian and international intellectual property laws.
Protected content includes, without limitation, trademarks, trade names, logos, product names, formulas where proprietary, packaging, photographs, graphics, written content, videos, audio, product reviews, website design, and the selection and arrangement of website materials.
MisMacK Clean Cosmetics®, Sports Colour Cosmetics™, GamePlay™, Fan Kit™, Grit Sticks™, Grit Kits™, and GlitterEnvi™ are trademarks or registered trademarks owned by or licensed to MisMacK Clean Cosmetics®.
You may use the Services only for personal and lawful purposes.
Without prior written permission, you may not reproduce, copy, modify, distribute, publish, display, transmit, store, sell, license, create derivative works from, or commercially exploit any portion of the Services.
Nothing in these Terms grants you any ownership, licence, or other right to our intellectual property except the limited right to access and use the Services in accordance with these Terms.
Shopify’s name, logo, products, services, and related marks belong to Shopify or its licensors. All other names, logos, products, and trademarks belong to their respective owners.
SECTION 8: OPTIONAL TOOLS
We may provide access to tools, applications, or features operated by other providers.
We do not control or monitor every external tool and do not guarantee its availability, accuracy, security, or suitability.
Access to optional tools is provided on an “as is” and “as available” basis to the fullest extent permitted by law.
Your use of optional tools is at your discretion and may be subject to separate terms and privacy policies established by the provider.
We may introduce new tools, resources, or features in the future. Unless stated otherwise, those additions will form part of the Services and will be governed by these Terms.
SECTION 9: THIRD PARTY LINKS AND SERVICES
The Services may contain links, embedded content, applications, payment services, or functionality provided by third parties.
We are not responsible for reviewing or guaranteeing the accuracy, security, legality, availability, or content of external websites or services.
If you access an external website or purchase a product or service from another provider, you do so subject to that provider’s terms and policies.
Review the policies of an external provider before completing a transaction or providing personal information.
Questions or complaints about products or services supplied by another provider should be directed to that provider.
SECTION 10: RELATIONSHIP WITH SHOPIFY
MisMacK Clean Cosmetics® is powered by Shopify, which enables us to provide the Services to you.
However, purchases made through our store are made directly from MisMacK Clean Cosmetics®.
By using the Services, you acknowledge that Shopify is not the seller of MisMacK Clean Cosmetics® products and is not responsible for the sales transaction between you and MisMacK Clean Cosmetics®.
To the fullest extent permitted by law, Shopify and its affiliates are released from claims, damages, and liabilities arising directly from products purchased from MisMacK Clean Cosmetics®.
Nothing in this section limits any rights that cannot legally be waived.
SECTION 11: PRIVACY
Personal information collected through the Services is handled in accordance with our Privacy Policy, which is available through the policy links in our store footer.
Because Shopify hosts the Services, Shopify may collect and process information relating to your access and use of the Services to provide and improve its services.
Information submitted through the Services may be transmitted to Shopify and other service providers located in Canada, the United States, or other countries.
Shopify’s processing of personal information is also governed by Shopify’s applicable privacy policies.
Please review our Privacy Policy for more information about how MisMacK Clean Cosmetics®, Shopify, and our service providers collect, use, disclose, retain, and protect personal information.
SECTION 12: FEEDBACK, REVIEWS, AND SUBMISSIONS
If you submit a review, photograph, video, idea, suggestion, proposal, comment, or other content to us, collectively referred to as “Feedback,” you grant MisMacK Clean Cosmetics® a worldwide, royalty free, transferable, sublicensable licence to use, reproduce, modify, publish, distribute, translate, display, and communicate that Feedback for lawful business and promotional purposes.
This licence does not transfer ownership of your Feedback to us.
You confirm that you own the Feedback or have all permissions necessary to provide it. You also confirm that your Feedback does not violate another person’s intellectual property, privacy, publicity, personality, or other rights.
You must disclose any payment, gift, discount, free product, or other incentive received in connection with Feedback or a review.
We are not required to keep Feedback confidential, compensate you for unsolicited Feedback, publish Feedback, or respond to Feedback.
We may monitor, edit, decline, or remove Feedback that we reasonably believe is unlawful, deceptive, defamatory, abusive, obscene, discriminatory, misleading, unrelated, infringing, or otherwise inappropriate.
You may not use a false identity, impersonate another person, or misrepresent the origin of Feedback.
You remain responsible for the accuracy and legality of the Feedback you submit.
SECTION 13: ERRORS, INACCURACIES, AND OMISSIONS
Information on the Services may occasionally contain typographical errors, inaccuracies, or omissions relating to product descriptions, ingredients, pricing, promotions, availability, shipping charges, or delivery times.
We reserve the right to correct errors, update information, or cancel an affected order where reasonably necessary.
If an order is cancelled after payment because of an error, we will refund the applicable amount to the original payment method.
SECTION 14: PROHIBITED USES
You may access and use the Services only for lawful purposes.
You may not use the Services:
To violate any international, federal, provincial, territorial, state, or local law
To infringe our intellectual property or the rights of another person
To harass, threaten, abuse, defame, discriminate against, intimidate, or harm another person
To provide false, fraudulent, or misleading information
To distribute viruses, malware, or other harmful code
To send spam, deceptive messages, or unauthorized solicitations
To impersonate another person or organization
To collect or track personal information without authorization
To interfere with the security or operation of the Services
To bypass access controls, security features, or technical restrictions
To scrape, extract, copy, resell, or exploit website content without written authorization
To use automated systems in a manner that places an unreasonable burden on the Services
To engage in conduct that restricts another person’s lawful use of the Services
We may restrict, suspend, or terminate access where we reasonably believe these Terms have been violated.
SECTION 15: AUTOMATED AGENTS
This section applies when software or a service takes autonomous or partly autonomous action on behalf of a person or organization and accesses or interacts with the Services. Such software is referred to in this section as an “Agent.”
An Agent must accurately identify itself where technically required and must not conceal that its activity is automated.
An Agent must not imitate human behaviour for the purpose of evading access restrictions, complete or bypass measures intended to distinguish humans from automated systems, or provide false information about whether an interaction is automated.
We may use technical measures to limit or prevent automated access.
No Agent may continue accessing the Services after being instructed or technically directed to stop.
SECTION 16: TERMINATION
We may suspend or terminate your account or access to all or part of the Services if you violate these Terms, misuse the Services, engage in suspected fraud, or create a security or legal risk.
You remain responsible for amounts properly owing up to the effective date of termination.
Provisions relating to intellectual property, Feedback, warranties, liability, indemnification, privacy, governing law, and any other terms that should reasonably survive will continue after termination.
SECTION 17: DISCLAIMER OF WARRANTIES
To the fullest extent permitted by law, the Services are provided on an “as is” and “as available” basis.
We do not guarantee that the Services will always be uninterrupted, secure, timely, accurate, or free from errors.
General content available through the Services is provided for informational purposes. Any reliance placed on that content is at the user’s discretion.
Except for warranties or conditions expressly provided by MisMacK Clean Cosmetics® or required by law, we disclaim implied warranties and conditions relating to the Services and products, including merchantable quality, fitness for a particular purpose, durability, title, and noninfringement.
Some jurisdictions do not permit certain warranty exclusions. In those jurisdictions, exclusions apply only to the extent permitted by law.
Nothing in these Terms excludes warranties, guarantees, conditions, rights, or remedies that cannot legally be excluded.
SECTION 18: LIMITATION OF LIABILITY
To the fullest extent permitted by law, MisMacK Clean Cosmetics®, its affiliates, partners, directors, officers, employees, contractors, agents, service providers, and licensors will not be liable for indirect, incidental, special, punitive, or consequential damages arising from the use of the Services.
This may include lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar losses.
Nothing in these Terms excludes or limits liability for fraud, wilful misconduct, gross negligence, personal injury caused by negligence, or any other liability that cannot legally be excluded or limited.
Where liability cannot be excluded but may be limited, our liability will be limited to the maximum extent permitted by applicable law.
SECTION 19: INDEMNIFICATION
To the extent permitted by law, you agree to indemnify and hold harmless MisMacK Clean Cosmetics®, Shopify, and our respective affiliates, partners, officers, directors, employees, contractors, agents, licensors, and service providers from claims, liabilities, losses, and reasonable legal costs arising from:
Your material breach of these Terms
Your unlawful use of the Services
Your violation of another person’s rights
Content or Feedback you submit through the Services
We will provide reasonable notice of a claim where practicable. You agree to provide reasonable cooperation in responding to an indemnified claim.
SECTION 20: SEVERABILITY
If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision will be enforced to the maximum extent permitted by law or severed where necessary.
The remaining provisions will continue in effect.
SECTION 21: WAIVER AND ENTIRE AGREEMENT
A failure to exercise or enforce a right under these Terms does not waive that right.
These Terms, together with our Privacy Policy, Return and Refund Policy, Shipping Policy, and any other policies or rules posted through the Services, constitute the agreement between you and MisMacK Clean Cosmetics® regarding your use of the Services.
These Terms replace prior communications or agreements relating to the same subject matter.
Any ambiguity will be interpreted fairly and in accordance with applicable law.
SECTION 22: ASSIGNMENT
You may not transfer or assign your rights or obligations under these Terms without our prior written consent.
We may transfer or assign our rights and obligations as part of a merger, acquisition, corporate restructuring, financing, sale of assets, or transfer of the Services, subject to applicable law.
SECTION 23: GOVERNING LAW
These Terms and any separate agreements through which we provide the Services are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable within British Columbia.
Subject to any consumer rights that require otherwise, disputes will be submitted to the courts located in British Columbia, Canada.
SECTION 24: HEADINGS
Headings are included for convenience and do not limit or otherwise affect the interpretation of these Terms.
SECTION 25: CHANGES TO THESE TERMS
The current version of these Terms is available on this page.
We may update these Terms by publishing a revised version on our website.
Where required by law, we will provide notice of material changes. Changes will become effective on the date stated in the notice or when published if no later date is stated.
Continued use of the Services after changes become effective constitutes acceptance of the revised Terms, except where applicable law requires additional consent.
SECTION 26: CONTACT INFORMATION
Questions about these Terms should be sent to:
MisMacK Clean Cosmetics®
Head Office / Logistics
Unit 3 - 471 5th Street SW
Salmon Arm, British Columbia
Canada
V1E 1SP
Email: mismackcosmetics@gmail.com
Phone: 1 250 833 6169