Terms of service

Terms of Service

Last updated: July 16, 2026

Overview

Welcome to Sunny & Sheer Sunless Skincare.

The terms “Sunny & Sheer,” “we,” “us,” and “our” refer to Sunny & Sheer Sunless Skincare, a Colorado-based sole proprietorship headquartered in Frederick, Colorado.

Sunny & Sheer operates this store and website, including all related information, content, features, tools, products, services, professional-use products, appointment information, and links to third-party booking platforms, to provide customers with a curated shopping and service experience collectively referred to as the “Services.”

Our online store is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with any policies or terms referenced in them, describe your rights and responsibilities when you access or use the Services.

Please read these Terms carefully. They contain important information regarding your legal rights, product use, professional-use products, warranty disclaimers, and limitations of liability.

By visiting, interacting with, purchasing from, booking through, or otherwise using the Services, you agree to be bound by these Terms of Service and the following policies:

If you do not agree to these Terms or the Privacy Policy, you should not access or use the Services.

Section 1 — Access and Accounts

By agreeing to these Terms, you represent that you are at least the age of majority in your state, province, or jurisdiction of residence.

You may allow your minor dependents to access the Services on a device that you own or manage, but you remain responsible for their use of the Services.

To access certain features or purchase products, you may be asked to provide information including your name, email address, telephone number, billing information, payment information, and shipping address.

You represent and warrant that all information you provide is accurate, current, and complete and that you have the authority to provide it.

You are responsible for maintaining the confidentiality and security of your account credentials and for all activity occurring through your account. You may not transfer, sell, assign, or license your account to another person.

We reserve the right to refuse service, restrict access, cancel accounts, or cancel orders when reasonably necessary to prevent fraud, misuse, unauthorized transactions, or violations of these Terms.

Section 2 — Products and Product Information

We make reasonable efforts to accurately describe and display our products and services. However, product colors, undertones, packaging, texture, and appearance may differ from how they appear on your screen because of device displays, lighting, photography, and individual settings.

Product results may vary based on factors including:

  • Skin tone and skin chemistry

  • Skin preparation

  • Application method and technique

  • Amount of product applied

  • Development time

  • Environmental conditions

  • Aftercare

  • Storage and product age

  • Compliance with product instructions

We do not guarantee that every customer or client will achieve an identical color, depth, duration, or cosmetic result.

Product descriptions, pricing, packaging, ingredients, availability, and specifications may be updated or corrected at any time without prior notice. We reserve the right to discontinue products or limit quantities by customer, order, geographic region, or jurisdiction.

Unless expressly stated otherwise, Sunny & Sheer products are cosmetic products and are not intended to diagnose, treat, cure, or prevent any medical condition.

Products should be used only as directed and for their intended purpose.

Section 3 — Professional Spray-Tan Products

Products identified as “professional,” “professional use,” or “professional spray-tan solution” are intended for use by spray-tan professionals or purchasers who are familiar with professional HVLP spray-tan equipment, proper application practices, client protection, sanitation, ventilation, and product handling.

Professional spray-tan solution is intended for external cosmetic application only.

Professional users are responsible for:

  • Reviewing and following all product labeling and instructions

  • Using appropriate ventilation and application equipment

  • Protecting the eyes and areas surrounding the eyes

  • Protecting the lips and other mucous membranes

  • Taking reasonable steps to prevent inhalation or ingestion

  • Maintaining clean and properly functioning equipment

  • Following applicable licensing, sanitation, workplace, and client-safety requirements

  • Reviewing ingredient information for themselves and their clients

  • Stopping use if irritation or an unexpected reaction occurs

Sunny & Sheer professional spray-tan products do not provide protection from ultraviolet exposure or sunburn unless a product is expressly labeled with an SPF.

Professional purchasers may use Sunny & Sheer products while providing their own spray-tan services. However, products may not be resold, relabeled, repackaged, diluted for resale, represented as another brand’s product, or distributed under another name without prior written authorization from Sunny & Sheer.

The purchaser is responsible for determining whether a product is appropriate for their equipment, professional services, and intended use before opening it.

For best product quality, professional spray-tan solution should be kept tightly closed in a cool, dark place away from direct sunlight and excessive heat and should be used within six months of opening.

Section 4 — Orders

When you submit an order, you are making an offer to purchase.

Sunny & Sheer reserves the right to accept, decline, limit, or cancel an order for reasons including product availability, suspected fraud, pricing errors, payment issues, unauthorized resale, shipping limitations, or violation of these Terms.

An order is not accepted until payment has been authorized and Sunny & Sheer confirms acceptance or begins fulfillment.

Please review your order, product selection, formula, undertone, DHA percentage, quantity, billing information, and shipping address carefully before submitting it.

We may be unable to accommodate changes or cancellation requests after an order has entered processing or fulfillment.

If we decline, modify, or cancel an order, we will attempt to notify you using the email address, billing information, telephone number, or other contact information provided at checkout.

Returns and exchanges are governed by our Return and Refund Policy.

Section 5 — Prices and Billing

Unless otherwise stated, prices are listed in United States dollars.

Prices, discounts, product availability, and promotions are subject to change without notice. The price charged will be the price displayed when the order is submitted, subject to correction of obvious pricing or technical errors.

Unless expressly stated otherwise, listed prices do not include applicable sales tax, shipping, handling, customs duties, import fees, or other government-imposed charges.

Online prices may differ from prices offered at pop-ups, events, appointments, retail locations, wholesale arrangements, or third-party platforms.

Promotions may be governed by additional terms. If promotion-specific terms conflict with these Terms, the promotion-specific terms will control for that promotion.

You agree to provide current, accurate, and complete billing, payment, and account information.

You represent and warrant that:

  1. The payment information you provide is accurate and complete;

  2. You are authorized to use the payment method;

  3. Charges incurred by you will be honored by the applicable payment provider; and

  4. You will pay all properly disclosed charges, including shipping and applicable taxes.

We reserve the right to correct pricing errors and cancel an affected order. If payment has already been collected for an order we cancel, the applicable amount will be refunded.

Section 6 — Shipping and Delivery

Orders are carefully prepared and typically ship within 3–5 business days, excluding weekends and holidays.

The processing timeframe is the time required to prepare an order before it is transferred to the shipping carrier. Carrier transit time begins after the order has shipped and is separate from the 3–5 business-day processing period.

Tracking information will be sent to the email address or telephone number provided at checkout when available.

All carrier delivery dates are estimates. Delivery may be affected by weather, holidays, service disruptions, address issues, carrier delays, customs processing, or circumstances outside Sunny & Sheer’s reasonable control.

If we determine that we cannot ship an order within the promised processing timeframe, we will provide notice when required and give the customer the opportunity to accept the delay or cancel the unshipped order for a refund.

Heat-Sensitive Products

Professional spray-tan solution and certain skincare products may be sensitive to prolonged exposure to excessive heat.

Products are stored in a cool, dark environment before fulfillment. During periods of extreme heat, we may adjust the shipping date or avoid shipping immediately before a weekend or holiday to reduce the amount of time a package may remain in a hot carrier facility or delivery vehicle.

Customers should monitor tracking and bring heat-sensitive packages indoors promptly after delivery.

A temporary increase in product temperature during transit does not automatically mean the product is defective. Contact us if the product arrives leaking, visibly damaged, separated in a way that does not resolve after gentle mixing, unusually discolored, or otherwise appears compromised.

Shipping Addresses

Customers are responsible for providing a complete and accurate shipping address.

Sunny & Sheer is not responsible for delays, losses, or returned shipments caused by an incorrect or incomplete address supplied by the customer.

If an order is returned because of an incorrect address, refusal, unsuccessful delivery, or failure to retrieve the package, additional shipping charges may apply before the order can be resent.

Damaged, Leaking, or Incorrect Orders

Please inspect your order promptly after delivery.

If an item arrives damaged, leaking, defective, or incorrect, contact Sunny & Sheer within 48 hours of delivery and provide:

  • Your order number

  • Photographs of the outer shipping package

  • Photographs of the damaged, leaking, defective, or incorrect item

  • Any other information reasonably needed to evaluate the issue

Please retain the product and all original packaging until the claim has been reviewed.

Depending on the circumstances and available inventory, an approved claim may be resolved through replacement, store credit, partial refund, or refund.

Additional shipping terms are provided in our Shipping Policy.

Section 7 — Returns and Refunds

Unopened and unused products may be eligible for return within 14 days of delivery.

To qualify for a return, a product must generally be:

  • Unopened

  • Unused

  • In its original packaging

  • In resalable condition

  • Accompanied by proof of purchase

Due to sanitation, contamination, and product-integrity concerns, opened or used professional spray-tan solutions are final sale and cannot be returned or exchanged.

Customers should review the formula, DHA percentage, undertone, development instructions, product size, equipment compatibility, and other product details before opening a professional solution.

Original shipping charges are nonrefundable unless otherwise required by law or the return results from an error by Sunny & Sheer.

Customers are responsible for approved return shipping expenses unless the product arrived damaged, leaking, defective, or incorrect.

Returns sent without prior authorization may not be accepted.

Approved refunds are issued to the original payment method after the returned product has been received and inspected. Financial institutions and payment providers may require additional time to post a refund.

Nothing in these Terms limits any non-waivable consumer rights available under applicable law.

Complete return requirements are provided in our Return and Refund Policy.

Section 8 — Appointments and Third-Party Booking Services

Sunny & Sheer may provide appointment information or links to mobile spray-tan services through this website.

Appointments may be scheduled and processed through Square or another third-party booking and payment platform.

When you use a third-party booking platform, your transaction may also be governed by that provider’s terms, privacy policy, payment terms, and platform rules.

Appointment-specific terms may address:

  • Appointment availability

  • Full or partial prepayment

  • Cancellation and rescheduling

  • Late arrivals and no-shows

  • Flexible mobile arrival windows

  • Travel zones and travel fees

  • Appointment locations

  • Required preparation and aftercare

  • Memberships, packages, and gifted sessions

  • Space, access, lighting, ventilation, and privacy requirements

  • Service-specific eligibility or safety considerations

These appointment-specific policies are incorporated into these Terms when displayed during booking or purchase.

If an appointment-specific policy conflicts with these general Terms, the appointment-specific policy controls with respect to that appointment, package, membership, or service.

Sunny & Sheer does not guarantee a specific cosmetic result from a spray-tan service. Results vary based on skin preparation, skin condition, skin chemistry, chosen solution, development time, aftercare, and other individual factors.

Section 9 — Intellectual Property

The Services—including trademarks, trade names, logos, product names, formulas to the extent legally protectable, website text, graphics, photographs, videos, audio, product descriptions, educational content, reviews, and website design—are owned by or licensed to Sunny & Sheer and are protected by applicable intellectual-property laws.

These Terms permit you to use the Services for lawful personal use and legitimate evaluation or purchase of Sunny & Sheer products and services.

You may not reproduce, distribute, modify, create derivative works from, publicly display, republish, download, store, scrape, or transmit material from the Services without prior written authorization, except where permitted by law.

Nothing in these Terms grants you a license to use Sunny & Sheer’s trademarks, logos, branding, designs, product photographs, written content, or other intellectual property.

Sunny & Sheer’s names, logos, product names, service names, designs, and slogans may not be used without prior written permission.

Shopify’s names, logos, product names, service names, designs, and slogans are trademarks of Shopify or its applicable affiliates.

All rights not expressly granted are reserved.

Section 10 — Optional and Third-Party Tools

We may provide access to tools, integrations, embeds, applications, or functionality offered by third parties.

These tools may include Shopify applications, Square booking features, social-media integrations, payment providers, shipping services, review platforms, analytics tools, advertising tools, and other business technology.

We do not control every aspect of these third-party tools and provide access to them on an “as is” and “as available” basis.

Your use of third-party tools is at your own discretion and may be subject to the third party’s terms and privacy practices.

We are not responsible for harm resulting solely from the independent conduct, availability, security, or policies of a third-party provider, except to the extent liability cannot legally be excluded.

New features, tools, and resources added to the Services will also be governed by these Terms.

Section 11 — Third-Party Links

The Services may contain links to websites, booking platforms, social-media pages, content, or functionality operated by third parties.

We are not responsible for examining or evaluating the accuracy, security, availability, or content of third-party websites.

Accessing a third-party website is at your own discretion. You should review that party’s terms, privacy practices, return policies, and other applicable conditions before completing a transaction.

Questions or complaints concerning products or services supplied directly by a third party should be directed to that third party.

Section 12 — Relationship With Shopify

Sunny & Sheer Sunless Skincare is powered by Shopify, which enables us to provide the Services to you.

However, any sales and purchases made through our store are made directly between you and Sunny & Sheer Sunless Skincare.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sale between you and Sunny & Sheer, including any injury, damage, or loss resulting from products or services purchased from Sunny & Sheer.

To the extent permitted by applicable law, you release Shopify and its affiliates from claims, damages, and liabilities arising from or related to your purchases and transactions directly with Sunny & Sheer.

Section 13 — Privacy

Personal information collected through the Services is governed by our Privacy Policy.

Because the Services are hosted by Shopify, Shopify collects and processes certain personal information concerning your access to and use of the Services to provide and improve Shopify-powered services.

Information submitted through the Services may be transmitted to Shopify and other service providers, including providers located outside the jurisdiction where you reside.

Information submitted through Square or another third-party appointment platform may be separately collected and processed by that provider.

Please review our Privacy Policy and the applicable third party’s privacy policy for additional information.

Section 14 — Feedback and Reviews

If you submit, upload, post, email, or otherwise provide ideas, suggestions, feedback, reviews, photographs, testimonials, proposals, or other content collectively referred to as “Feedback,” you grant Sunny & Sheer a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display that Feedback for lawful business purposes.

This may include operating, evaluating, improving, and promoting the Services.

You represent and warrant that:

  1. You own or have the necessary rights to submit the Feedback;

  2. Your Feedback is accurate to the best of your knowledge;

  3. You have disclosed any compensation or incentive received in connection with it; and

  4. The Feedback does not violate applicable law, another person’s rights, or these Terms.

We are not obligated to keep Feedback confidential, compensate you for Feedback, or respond to Feedback.

We may monitor, edit, decline to publish, or remove Feedback that we reasonably believe is unlawful, misleading, abusive, obscene, fraudulent, defamatory, infringing, or otherwise inappropriate.

You may not impersonate another person, use a false identity, or misrepresent the source of Feedback.

Section 15 — Errors, Inaccuracies, and Omissions

The Services may occasionally contain typographical errors, inaccuracies, technical errors, or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times, product availability, appointment availability, or other information.

We reserve the right to correct errors, update information, or cancel affected orders when information is inaccurate, including after an order has been submitted.

If an order is canceled after payment because of an error, the applicable payment will be refunded.

Section 16 — Prohibited Uses

You may use the Services only for lawful purposes.

You may not use the Services to:

  1. Violate any international, federal, state, provincial, or local law;

  2. Infringe intellectual-property, privacy, publicity, or other legal rights;

  3. Harass, threaten, abuse, defame, intimidate, or harm another person;

  4. Submit false, misleading, or fraudulent information;

  5. Transmit malware, viruses, malicious code, or harmful technology;

  6. Send spam, phishing messages, unauthorized advertising, or similar solicitations;

  7. Impersonate another person or entity;

  8. Obtain or attempt to obtain unauthorized access to an account, system, or data;

  9. Collect or track another person’s personal information without authorization;

  10. Reproduce, duplicate, sell, resell, scrape, or exploit the Services without authorization;

  11. Interfere with the security or operation of the Services;

  12. Circumvent access restrictions, robot-exclusion measures, or security controls;

  13. Purchase products for unauthorized resale, relabeling, counterfeiting, or deceptive distribution; or

  14. Use the Services in a manner that may expose Sunny & Sheer, Shopify, our customers, or another person to harm or liability.

We may suspend or terminate access when we reasonably determine that these Terms have been violated.

Section 17 — Automated Agents

This section applies if you use or deploy software that takes autonomous or semi-autonomous action on behalf of a person or entity to access or interact with the Services. Such software is referred to as an “Agent.”

An Agent may not access or interact with the Services unless it accurately identifies itself and complies with our technical and access requirements.

Agents must not:

  • Conceal that an interaction is automated;

  • Mimic human behavior to evade restrictions;

  • Circumvent CAPTCHAs or other access controls;

  • Provide false information when asked whether an interaction is automated; or

  • Continue accessing the Services after being asked or technically directed to stop.

We may restrict or block automated access to protect the Services, customers, inventory, and website functionality.

Section 18 — Termination

We may terminate or suspend this agreement or your access to all or part of the Services when reasonably necessary, including when you violate these Terms, misuse the Services, engage in suspected fraud, or threaten the security of the Services or another person.

You remain responsible for amounts properly incurred before termination.

Provisions that by their nature should survive termination will remain effective, including provisions concerning intellectual property, Feedback, disclaimers, limitations of liability, indemnification, severability, governing law, and privacy.

Section 19 — Disclaimer of Warranties

Information presented through the Services is provided for general informational purposes.

Except as expressly stated in these Terms, a product warranty, our Return and Refund Policy, or as otherwise required by law, the Services and products are provided on an “as is” and “as available” basis.

To the fullest extent permitted by law, we disclaim implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title, and non-infringement.

We do not guarantee that:

  • The Services will always be uninterrupted, timely, secure, or error-free;

  • Product photographs will appear identical on every device;

  • A cosmetic product or spray-tan service will create the same result for every person;

  • A product will be compatible with every device, application method, or professional technique; or

  • Third-party platforms will always remain available.

Some jurisdictions do not permit the exclusion of certain warranties. In those jurisdictions, the exclusions apply only to the extent legally permitted.

Nothing in this section limits rights or remedies that cannot lawfully be waived.

Section 20 — Limitation of Liability

To the fullest extent permitted by law, Sunny & Sheer Sunless Skincare and its owners, employees, contractors, service providers, affiliates, and licensors will not be liable for indirect, incidental, punitive, special, exemplary, or consequential damages arising from your use of the Services or products.

This includes, where legally permitted, lost profits, lost revenue, lost savings, loss of data, business interruption, replacement costs, or similar damages.

Sunny & Sheer is not responsible for cosmetic results caused by improper preparation, incorrect product selection, failure to follow directions, improper storage, contaminated or unmaintained equipment, unauthorized product modification, excessive development time, inadequate aftercare, or use inconsistent with product instructions.

Nothing in these Terms excludes or limits liability for fraud, willful misconduct, gross negligence, personal injury caused by liability that cannot lawfully be excluded, or any other liability that applicable law does not permit us to exclude.

Section 21 — Indemnification

To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Sunny & Sheer Sunless Skincare, Shopify, and their respective owners, affiliates, partners, officers, employees, agents, contractors, licensors, and service providers from third-party claims, damages, liabilities, and reasonable legal expenses arising from:

  1. Your material breach of these Terms;

  2. Your violation of applicable law;

  3. Your violation of another person’s rights;

  4. Your misuse of the Services;

  5. Your unauthorized resale, relabeling, repackaging, or modification of a product; or

  6. Your professional application or use of a product in a manner inconsistent with its labeling, instructions, or applicable safety requirements.

We will provide reasonable notice of an indemnifiable claim when practicable. You agree to reasonably cooperate in the defense of such a claim.

Section 22 — Severability

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision will be enforced to the fullest extent permitted by law or severed to the minimum extent necessary.

The remaining provisions will continue in full force and effect.

Section 23 — Waiver and Entire Agreement

Our failure to exercise or enforce a right or provision does not constitute a waiver of that right or provision.

These Terms, together with the policies and operating rules posted through the Services, constitute the entire agreement between you and Sunny & Sheer concerning your use of the Services.

They supersede prior or contemporaneous communications concerning the same subject matter.

Section 24 — Assignment

You may not transfer or assign your rights or obligations under these Terms without our prior written consent.

We may transfer or assign these Terms and our rights and obligations in connection with a sale, transfer, restructuring, or other change involving the business, subject to applicable law.

Section 25 — Governing Law and Venue

These Terms and any separate agreement through which Sunny & Sheer provides products or Services will be governed by the laws of the State of Colorado, without regard to conflict-of-law principles.

Subject to applicable consumer-protection laws and any jurisdiction that cannot legally be waived, disputes will be brought in the appropriate state courts serving Weld County, Colorado, or the United States District Court for the District of Colorado.

You and Sunny & Sheer consent to the personal jurisdiction of those courts.

Section 26 — Headings

Headings are included for convenience and do not limit or otherwise affect the interpretation of these Terms.

Section 27 — Changes to These Terms

You may review the current version of these Terms on this page.

We reserve the right to update or replace portions of these Terms by posting a revised version on the website.

When required by applicable law, we will provide notice of material changes. Updated Terms become effective on the date stated in the revised version.

Your continued use of the Services after updated Terms become effective constitutes acceptance of the revised Terms to the extent permitted by law.

Section 28 — Contact Information

Questions regarding these Terms of Service may be directed to:

Sunny & Sheer Sunless Skincare
Frederick, Colorado 80504
United States

Email: sunnysheerskincare@gmail.com
Phone: 970-691-5660
Website: sunnysheer.com