Terms of service

Welcome to XYNAMEL’s website and any related websites, pages, or services that link to these Terms (collectively, the “Website”). These Terms of Service (the “Terms”) govern your access to and use of the Website and any services, applications, features, and content made available through it (collectively, the “Site”), as well as your purchase, receipt, or use of any products offered through the Site (collectively, the “Products”).

PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THE SITE, OR BY PURCHASING, RECEIVING, OR USING ANY PRODUCTS, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SITE OR PURCHASE PRODUCTS.

DISPUTE RESOLUTION NOTICE: THESE TERMS INCLUDE A BINDING INDIVIDUAL ARBITRATION AGREEMENT AND A CLASS ACTION/JURY TRIAL WAIVER, WHICH AFFECT YOUR LEGAL RIGHTS.

1. Changes to These Terms

XYNAMEL may update or modify these Terms at any time in its sole discretion. If we make material changes, we will provide notice through the Site and/or other reasonable means. By continuing to use the Site after the changes become effective, you accept the revised Terms. If you do not agree, you must stop using the Site and refrain from purchasing Products.

2. Account Creation; Eligibility

You may use the Site only if you can form a binding contract under applicable law and you comply with these Terms and all applicable laws and regulations. Certain features may require creating an account. When creating an account, you agree to provide accurate, complete information and keep it updated.

You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. You agree to notify XYNAMEL promptly of any unauthorized use of your account. XYNAMEL may suspend or terminate accounts at any time in its sole discretion.

You are responsible for any internet, mobile, or data charges incurred while accessing the Site.

3. Terms of Sale

3.1 Orders, Pricing, and Payments

XYNAMEL aims to provide accurate Product and pricing information, but errors may occur. We reserve the right to correct errors, change prices, update information, or cancel orders where permitted by law.

Product availability may change at any time. Your order may be limited, refused, or cancelled at XYNAMEL’s discretion, including in cases of suspected fraud, unauthorized activity, or violations of these Terms. Payment must be successfully processed before an order is accepted and shipped, unless otherwise stated. We may ship and bill orders in multiple parts.

3.2 Quantity Limitations and Restrictions

We may limit quantities purchased per person, household, or order, including orders placed using the same account, payment method, billing address, or shipping address.

3.3 Resellers Prohibited

Purchases are for personal use only. Resale or commercial redistribution of Products is prohibited unless expressly authorized in writing by XYNAMEL. We may refuse orders or limit quantities to prevent unauthorized resale.

3.4 Shipping

Shipping and handling charges (if any) will be shown at checkout. Estimated delivery times are not guarantees. Risk of loss and title pass to you upon delivery of the Products to the carrier, to the extent permitted by applicable law.

3.5 Taxes

You are responsible for applicable taxes, duties, and other government charges. Taxes shown at checkout may be estimated and may be adjusted based on applicable rules at the time of processing.

3.6 Returns, Exchanges, and Refunds (Final Sale Policy)

ALL SALES ARE FINAL. XYNAMEL PRODUCTS ARE NOT REFUNDABLE AND WE DO NOT ACCEPT RETURNS OR EXCHANGES.

If your order arrives damaged, defective, or incorrect, you must use the contact form promptly after delivery and include your order number and photos of the issue and packaging. If eligible, XYNAMEL will work with you on an appropriate resolution, which may include a replacement or store credit, as permitted by law.

4. Product Use and Disclaimer

Products should be used only as directed, including any warnings and instructions on packaging and product pages. Always review ingredient information and discontinue use if irritation occurs. If you have allergies, sensitivities, or a medical condition, consult a qualified healthcare professional before using Products.

The Site and Products are not intended to diagnose, treat, cure, or prevent any disease. The Site is not a substitute for medical advice. If you believe you have a medical emergency, contact emergency services immediately.

5. International Sales

If we ship internationally, you acknowledge that:

  • You may be responsible for duties, taxes, brokerage fees, and other charges assessed by your destination country.

  • Delivery timelines may vary due to customs or carrier operations.

  • To the extent permitted by law, risk of loss transfers when the shipment is handed to the carrier.

Where required, additional country-specific terms may apply and will be presented at checkout or otherwise made available through the Site.

6. Security Rules

You agree not to violate or attempt to violate the security of the Site, including by:

  • Accessing data not intended for you;

  • Attempting to probe or test system vulnerabilities;

  • Interfering with Site operations (including by introducing malware, flooding, or other attacks);

  • Forging headers or manipulating identifiers.

We may investigate suspected violations and cooperate with law enforcement where appropriate.

7. Prohibited Uses; Access

You may use the Site only for lawful, personal, non-commercial purposes. You agree not to:

  • Submit false or misleading information;

  • Infringe intellectual property or privacy rights;

  • Upload viruses or harmful code;

  • Attempt unauthorized access to systems or accounts;

  • Use the Site to harass, threaten, defame, or violate any law.

We may restrict or terminate your access to the Site at any time for any reason, including suspected violations.

8. Intellectual Property

All content on the Site, including text, images, graphics, logos, product names, designs, and software (collectively, “Content”) is owned by or licensed to XYNAMEL and protected by intellectual property laws.

You may not copy, reproduce, distribute, modify, or create derivative works from the Content without XYNAMEL’s prior written consent, except as expressly permitted by law.

9. User Content; Social Media

If you submit content to XYNAMEL (e.g., reviews, comments, photos, or messages) or tag XYNAMEL on social media, you grant XYNAMEL a worldwide, royalty-free, perpetual, irrevocable, sublicensable license to use, reproduce, modify, publish, and display that content for lawful business purposes, including marketing, subject to applicable law.

You represent that you have the rights necessary to submit the content and that it does not violate any third-party rights or laws. We may remove content at our discretion.

10. Promotions

From time to time, XYNAMEL may offer contests, giveaways, or promotions. These may be governed by additional rules presented with the promotion. If promotion rules conflict with these Terms, the promotion rules will control for that promotion.

11. Copyright Complaints (DMCA)

If you believe content on the Site infringes your copyright, you may submit a notice that includes:

  1. Your physical/electronic signature;

  2. Identification of the copyrighted work;

  3. Identification of the allegedly infringing material and where it is located;

  4. Your contact information;

  5. A statement of good-faith belief the use is unauthorized; and

  6. A statement under penalty of perjury that the notice is accurate and you are authorized to act.

To submit a copyright complaint, use the contact form and include “DMCA Notice” in the message.

12. Privacy

Our collection and use of personal information is governed by our Privacy Policy (incorporated by reference). Please review it for details about how we handle your information.

13. Third-Party Links

The Site may link to third-party websites or services. XYNAMEL does not control and is not responsible for third-party content, policies, or practices. Your use of third-party services is at your own risk.

14. Disclaimers

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

XYNAMEL DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT DEFECTS WILL BE CORRECTED.

15. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, XYNAMEL AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE SITE OR PRODUCTS.

TO THE FULLEST EXTENT PERMITTED BY LAW, XYNAMEL’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE OR PRODUCTS WILL NOT EXCEED THE AMOUNT YOU PAID TO XYNAMEL FOR THE PRODUCT(S) GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

16. Indemnification

You agree to indemnify and hold harmless XYNAMEL and its affiliates, officers, directors, employees, agents, and service providers from any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to your use of the Site, your violation of these Terms, or your violation of any rights of another.

17. Governing Law

These Terms and any disputes arising from them are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law principles, except where prohibited by applicable consumer protection laws.

18. Dispute Resolution; Binding Arbitration; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.

You and XYNAMEL agree that any dispute, claim, or controversy arising out of or relating to the Site, Products, or these Terms will be resolved by binding arbitration on an individual basis, except that either party may bring claims in small claims court if eligible.

YOU WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION.

The arbitration will be administered by a recognized arbitration provider and conducted in a mutually convenient location, or remotely, unless applicable law requires otherwise. The arbitrator may award the same remedies available in court on an individual basis only.

This arbitration agreement survives termination of these Terms.

19. Termination

XYNAMEL may terminate or suspend your access to the Site at any time in its sole discretion, including for suspected violations of these Terms. Sections that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, arbitration, and indemnification) will survive.

20. Contact

For questions, concerns, or notices (including DMCA notices), please use the contact form.