Terms of service

TERMS OF SERVICE

Effective Date: 1/1/2026

These Terms of Service (“Terms”) govern use of the website operated by Simcha Wink LLC.

By accessing or purchasing from this site, you agree to be legally bound by these Terms.

1. Governing Law

These Terms are governed by the laws of the State of Michigan, without regard to conflict of law principles.

The Federal Arbitration Act (9 U.S.C. §§ 1–16) governs arbitration provisions.

2. Binding Arbitration Agreement

Any dispute arising from or relating to these Terms or any purchase shall be resolved exclusively through binding individual arbitration, not in court.

  • Arbitration shall be conducted in Michigan.

  • Parties waive right to jury trial.

  • Parties waive right to participate in class actions.

  • Claims must be brought individually.

  • Small claims court claims may be filed if eligible.

  • Customers may opt out of arbitration within 30 days of purchase by written notice.

This provision survives termination of these Terms.

3. Class Action Waiver

To the fullest extent permitted by law, all disputes must be brought individually.

No class, collective, consolidated, or representative actions are permitted.

4. Limitation of Liability

To the maximum extent permitted by law:

Simcha Wink LLC shall not be liable for:

  • Indirect damages

  • Incidental damages

  • Consequential damages

  • Lost profits

  • Personal injury arising from misuse

Total liability shall not exceed the amount paid for the product giving rise to the claim.

5. Disclaimer of Warranties

Products are provided “AS IS” and “AS AVAILABLE.”

We disclaim all implied warranties, including:

  • Merchantability

  • Fitness for a particular purpose

  • Non-infringement

Some jurisdictions may not allow certain limitations; limitations apply to the fullest extent permitted by law.

6. Professional Use Disclaimer

Professional-grade products are intended for trained lash technicians.

Simcha Wink is not responsible for:

  • Improper installation

  • Third-party client injuries

  • Business losses incurred by professionals

Professional purchasers assume commercial risk.

7. Intellectual Property

All content, branding, logos, product images, and designs are property of Simcha Wink LLC.

Unauthorized reproduction, resale, or distribution is prohibited.

We reserve the right to pursue enforcement actions against counterfeiters and unauthorized resellers.

8. Age Requirement

Purchasers must be at least 18 years old.

9. International Users

Customers outside the United States agree that:

  • Purchases are governed by Michigan law.

  • Compliance with local regulations is their responsibility.

  • Simcha Wink makes no representation that products comply with foreign regulations.

10. Account Suspension & Termination

We reserve the right to:

  • Refuse service

  • Cancel orders

  • Suspend accounts

  • Block future purchases

At our sole discretion.

11. Modification of Terms

We reserve the right to update these policies at any time.

Continued use of the website constitutes acceptance of updated Terms.

12. Severability

If any provision is found unenforceable, the remaining provisions remain in full force and effect.