THE SHADY SUN
TERMS & CONDITIONS
Effective date: January 1, 2017
Shady Sun Sunless, LLC ("us", "we", or "our") operates the www.theshadysun.com website (hereinafter referred to as the "Service").
We may provide paid products and/or services within the Service. In that case, we use third-party services for payment processing (e.g. payment processors).
We do not accept money orders, cashier’s checks, personal checks, or company checks as a form of payment for online orders or tanning services. If your order is large enough and you need to pay by company check, please email us at firstname.lastname@example.org.
Shady Sun Sunless, LLC shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within the same state. For orders shipped to other states, you are solely responsible for all sales taxes or other taxes.
Orders are placed online. We accept orders via email (email@example.com) if you need special assistance. Your receipt of other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Shady Sun Sunless, LLC reserves the right at any time after receipt of your order to accept or decline your order for any reason or to supply less than the quantity you ordered of any item.
If an item you ordered is out of stock, we will ship your product as soon as it becomes available. However, there may be times when the product you have ordered is back ordered, which will delay fulfilling your order. We will keep you informed of any products that you have ordered that are out-of-stock, back ordered, or unavailable for immediate shipment. You may cancel your order at any time prior to shipping.
Your total price for the products will be stated on your invoice and order receipt. Terms of payment are within the Service’s sole discretion, and unless otherwise agreed to by the Service, payment must be received by the Service prior to Service’s acceptance of an order. Payment for the products must be made by credit card, debit card, PayPal, or some other prearranged payment method. Currently, the Service does not accept money orders, cashier’s checks, personal checks, or company checks as a form of acceptable payment, unless otherwise specifically approved. Orders are not binding upon the Service until accepted by the Service, and the Service reserves the right to decline the acceptance of any order, including, without limitation, in the event the price of the products is a mistake. Prices advertised do not include shipping and handling or applicable sales taxes, which will be added to the price you pay.
Service may revise, modify, and discontinue products, or any content contained within at any time.
You must examine the products when you receive them. If any item, or any part thereof, is damaged or missing, you must notify Shady Customer Service by email firstname.lastname@example.org within 24 hours of receiving shipment so that we may investigate and issue a product exchange. For items damaged in transit, see "Returns & Exchanges."
For a multiple product order, we will make every attempt to ship all products contained in the order at the same time. Products that are unavailable at the time of shipping will be shipped as they become available, unless you inform us otherwise. You will only be charged for products contained in a given order placed, plus any applicable shipping charges. You will only be charged for shipping at the rate quoted to you on your purchase receipt. The entirety of this shipping charge may be applied to the first product(s) shipped on a multiple shipment order.
Returns & Exchanges
All spray tan solution, self-tanning products, and aftercare sales are final. There are no refunds or exchanges due to change of mind or ordering the wrong product. So please double check your cart before completing your order. If you are unsure about a product it is highly recommended that you order a sample before placing a full-size order.
We can not guarantee results on spray tan solution or self-tanning products as there are many factors beyond our control that will affect the outcome- for example, application method, level of application skill, amount of product applied, skin conditions, hormonal or medication issues, amount of time before showering, additional body care products, etc.
If a solution is damaged please contact us within 24 hours of receipt and must include a picture of the damaged packaging. Item will be exchanged for the same product. You can not exchange a damaged product for a different product. Items damaged in transit require a picture of the damage sent to The Shady Sun within 24 hours of receiving the shipment for investigation and consideration for a refund.
For any type of return, the buyer is responsible for shipping fee for the return and there will be no refunds in shipping fees to and from. There is also a potential 25% restocking fees on all returns,
If you purchase from a distributor you must adhere to their company policy. The Service will not participate in the return and exchange of products purchased through third-party distributors.
Spray Tan Technician Manual Training
Please be advised that this is an informational manual only. We are not offering spray tan certification on behalf of any state and is offered just through Shady Sun Sunless, LLC, not the State of Maryland, or any other US states. This training manual is just through Shady Sun Sunless, LLC which is a private company. We are not accredited through or with any state, federal, government or health accredited agency. You are responsible for finding out the requirements of your state as to what they need for you to start up your spray tan business.
Spray tanning is currently not regulated by the state of Maryland and this manual is based on the personal experience of Amanda Arnold and the companies’ affiliates. It is to help with the proper use of the company’s products and techniques and general business tips. Our manual is not part of any curriculum, cosmetology program, or continuing education program offered by the state of Maryland or any other state on the US or country. Anyone participating in this manual training is solely 100% responsible and obligated to find out their specific business and professional licensing requirements and laws and to follow them in their jurisdiction of residence and/or business operations. The Service cannot be held liable for any claims that may arise from the use of its techniques, products, or services in any State, Country, or Territory.
Any information provided by Amanda Arnold, Shady Sun Sunless, LLC. or its affiliates are just suggestions. It does not constitute legal or medical advice and is not to be taken as such in any way, shape, or form. You agree to hold harmless Amanda Arnold, Shady Sun Sunless, LLC. and its affiliates for any and all direct, consequential, special, or other damages or legal costs that may result from actions from this training course. You are 100% responsible for your own actions and if you are unsure about anything in your business it is recommended you contact a licensed attorney for any legal advice/council and a medical professional for anything medically related.
This manual is to assist you in starting a spray tan business. It does not make any guarantees, claims, or promise you any specific earnings. It provides necessary skills and tools however you would still be required to practice them and does not guaranty that you will be ready to accept clients at the completion of this training. This is not a get rich quick scheme and your success is 100% dependent on your own actions, work, and what you contribute to your spray tan business. Completing this manual does not guarantee you any income or success. That is solely dependent on yourself and your own actions.
You certify that by purchasing any Service training manual, you are not an owner, employee, independent contractor, or educator of any competitor of the Service that sells or manufactures spray tan solution/self-tanning products for purchase and/or training programs. If you violate these terms or conditions, then the Service reserves the right to pursue all legal and equitable remedies against you.
You are expressly prohibited from using the Service's proprietary copyrighted training program materials for your own company use to train others in any other spray tan class or training company. You are prohibited from demonstrating any of the techniques or procedural information from the Service to any other person, including, but not limited to, co-workers, employees, contractors, friends, or family members.
You also acknowledge that you are not authorized to copy, distribute, or otherwise disseminate to any other person, including but not limited to co-workers, employees, contractors, friends, or family members the above proprietary materials enclosed within the manual.
In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Service shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Service shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Service shall issue a credit to your credit card account in the amount of the incorrect price.
FDA & DHA
Sunless tanning delivers a cosmetic glow by coating your skin with the chemical dihydroxyacetone (DHA). DHA interacts with the dead surface cells in the epidermis to darken skin color and simulate a tan, and the result usually lasts for several days.
While the FDA allows DHA to be "externally applied" for skin coloring, there are restrictions on its use. DHA should not be inhaled, ingested, or exposed to areas covered by mucous membranes including the lips, nose, and areas in and around the eye because the risks, if any, are unknown. According to the CFR, "externally applied" cosmetics are those "applied only to external parts of the body and not to the lips or any body surface covered by mucous membrane" (21 CFR 70.3v). The industry has not provided safety data to FDA in order for the agency to consider approving it for use on these exposure routes, including "misting" from tanning booths.
"Warning--This product does not contain a sunscreen and does not protect against sunburn. Repeated exposure of unprotected skin while tanning may increase the risk of skin aging, skin cancer, and other harmful effects to the skin even if you do not burn." (21 CFR 740.19)
What Does This Mean For The Sunless Process?
When using products containing DHA, it may be a challenge to avoid exposure in a manner for which DHA was not originally approved, including contact with the area of the eyes, lips or mucous membrane, or even internally. Because of this, the FDA suggests consumers ask the following questions when considering commercial facilities where DHA is applied by spraying or misting:
Are consumers protected from exposure on the lips and all parts of the body covered?
membrane? MucousAre consumers protected from exposure in the entire area of the eyes, in addition to the eyes themselves?
Are consumers protected from internal exposure caused by inhaling or ingesting the product?
If the answer to any of these questions is “no,” the FDA says that the consumer is not protected from the use of sunless products. In this case, the FDA suggests that the consumers request measures to protect their eyes and mucous membranes and prevent inhalation.
What Does This Mean For The Technician Applying Sunless?
Sunless airbrush technicians must take extra care in informing clients to avoid breathing the sunless product during the application process. Consumers also should try to avoid direct application of the product into the eye area as described above, and use a lip balm or other barrier product on the lips and in the nostrils to avoid contact with the mucous membrane. The FDA’s cautious opinion on DHA most likely stems from relying on limited information found in the product’s Material Safety Data Sheet (MSDS) originating in 1973. From its original use as a topical substance, DHA was listed with three “risk numbers”:
R38 Irritating to skin.
R37 Irritating to respiratory system.
R36 Irritating to eyes.
These risk numbers are based on pure forms of DHA with no other additives considered such as water and so on.
To best take advantage of the bronzing effects of sunless products in its newest form, prudent sunless airbrush/HVLP technicians should use care when offering sunless in a spray or mist application. Protect their lips with lip balm or petroleum jelly. Have your clients avoid getting this and other tanning products directly into their eyes. Disposable eye protection may be a good option. A nose filter can be used to protect the mucous membrane and also to provide inhalation protection. You can also offer a disposable face mask for extra protection. Disposable undergarments can be used to protect the more private mucous membranes. Ensure proper ventilation for staff and clients in the sunless application area of your salon. An overspray booth or overspray fans with filters should be set up to remove overspray in the air. Spray equipment should not be set up near intakes for the salon’s ventilation system. Although the sunless solution contains no known toxins, the repeated inhalation may cause irritation, as it would be with any substance. Common sense would dictate professional technicians wear a filtering mask while spraying clients.
You also agree to the following statement by purchasing a product from the Service:
I acknowledge that I am an adult, at least 18 years of age, and I have the legal right to consent to this agreement. I understand that the products sold on this website can contain chemicals harmful to health and there have not been any studies regarding the long term use of dha. I have read the FDA disclaimer(s) contained in this agreement, and am choosing voluntarily to purchase and use products from this website and/or from Shady Sun Sunless, LLC. generally, with full knowledge of the potential health risks and harm. I further agree not to use the products purchased from this website, and/or from Shady Sun Sunless, LLC. generally, on any person(s) under 18 years of age without parental consent, or permit any person(s) under 18 years of age to purchase or have access to any of the products purchased from this website and/or from Shady Sun Sunless, LLC. By purchasing this product you agree that you are 100% responsible for educating your customers on the safety of this product and take full liability for any adverse reactions you or your customers might possibly have by using this product.
By purchasing this product you agree to use at your own risk and Shady Sun Sunless, LLC are held harmless from any possible injury from use of this product.
Links to Other Sites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Copyright & Trademark Notices
All of the content included on this website, including the text, website design, graphics, videos, logos, icons, images, designs, screens, and configurations, is the property of the Corporation or its licensors and is protected by U.S. and international copyright and trademark laws. All the Products sold on this website, including the text, graphics, logos, icons, designs, and configurations of the Products, is the property of the Corporation and is also protected by U.S. and international copyright and trademark laws. You do not acquire any ownership rights by printing, downloading, otherwise saving any information, or using this website. Likewise, you do not acquire any ownership rights to the Products purchased from the Corporation. Any use of the Products or the content on this website other than for the express intended use of products and services provided, including reproducing, modifying, selling or reselling without express written permission, distributing, transmitting, replicating or public exhibition, in whole or in part, is strictly prohibited. The Shady Sun is the common law trademark of Shady Sun Sunless, LLC.
This website is provided by the Service on an “as is” basis and the use of this website, as well as the purchase of products from this website, is entirely at your own risk. The Service makes no representations or warranties of any kind, expressed or implied, as to the operation of the site, the information, content, materials, products, or services included or sold on this website, or the content of any products or services, including any implied warranties of merchantability and fitness for a particular purpose, the statutory warranty against non-infringement, and informational content. No oral advice or written information given by the website or its representatives, will create a warranty and you may not rely on any such information or advice. This Section shall survive any termination of this Agreement. Service reserves the right to modify its warranty at any time, in its sole discretion. Some states limit or disallow certain disclaimers of warranties, so certain portions or all of the above disclaimers may not apply to you.
Limitation of Liability
Neither the Service or any of its representatives, affiliates, licensors, or content providers shall be liable for any direct, indirect, incidental, special, or consequential damages, as well as any lost profits, loss of business, or punitive damages arising out of or related to the use of website or, the services, or transactions through this website, the purchase or use of any products and/or services on this website, or the inability to gain access to this website. You agree that, in no event shall website or its officers, directors, owners, independent contractors, employees, agents, licensors, or affiliates be liable, and you release all such persons from any liability, directly or indirectly, to you for any loss, damage, liability, or expense arising out of or related to the use of this website or the purchase and use of the products and/or services through this website regardless of whether such loss, damage, liability, or expense results directly or indirectly from the Service's negligence. In any event, Service's liability to you is limited to the aggregate dollar amount paid by you for the purchase of products or services under this agreement. This Section shall survive any termination of this Agreement. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree to indemnify the Service and its officers, directors, owners, independent contractors, employees, agents, and affiliates for and from any loss by reason of, in any way relating to, or arising out of: (a) your use of this website and any violation of any law, rule, or regulation arising out of such use; (b) any misuse of information, including email addresses and email content arising out of or relating to your use of this website or any related social media forum; and (c) any violation of this Agreement.
Applicable Law and Jurisdiction
This Agreement shall be construed and governed by the laws of the State of Maryland, United States of America and not by the application of choice of law principles or the laws of any other state or country. You agree that the federal and state courts located in Wicomico County, Maryland shall have exclusive jurisdiction and venue over any action brought to enforce the rights and obligations in or arising from this Agreement and each of the parties irrevocably submits to the jurisdiction of such courts.
The Service will not be liable in any amount for failure to perform under this Agreement if such failure is caused by power outages, Internet outages, communications outages, fire, flood, earthquakes, tornadoes, war, acts of God or the occurrence of any other unforeseen contingency beyond the control of the Service.
Entire Agreement; Non-Severability
This Agreement constitutes the entire agreement between you and the Service and supersedes all prior agreements and understandings, whether written or oral, with respect to the subject matter of this Agreement. If any term, provision, covenant or restriction of this Agreement is held by a court of competent jurisdiction or other authority to be invalid, void, unenforceable or against public Agreement, the remainder of this Agreement shall remain in full force and effect and the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties.
Changes to These Terms & Conditions
We may update our Terms & Conditions from time to time. We will notify you of any changes by posting the new Terms & Conditions on this page.
We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the "effective date" at the top of these Terms & Conditions.
You are advised to review these Terms & Conditions periodically for any changes. Changes to these Terms & Conditions are effective when they are posted on this page.
If you have any questions about these Terms & Conditions, please contact us