Terms and Conditions

The following terms and conditions (referred to as both the "Terms and Conditions" and/or the "Agreement") apply to the Sowaka website (sowakanyc.com) and all other sites, mobile sites, services, applications, platforms, and tools where these Terms and Conditions appear or are linked (collectively, the "Site"). sowakanyc.com provides its services to you (the "Customer") subject to this Agreement. By using the Site, you agree to the Terms and Conditions. If you do not accept this Agreement and agree to these Terms and Conditions, then you may not use the Site.

By consenting to Sowaka’s SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list.

Message frequency varies. Consent is not a condition of purchase. If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages.

You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

For any questions, please text HELP to the number you received the messages from. You can also contact us at info@sowakanyc.com for more information.

We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions.

You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
Your right to privacy is important to us. You can see our Privacy Policy https://sowakanyc.com/policies/privacy-policy to determine how we collect and use your personal information.

Who We Are

As used in this Agreement, and on the Site, "sowakanyc.com, Sowaka, Sowaka Beauty, Site, We" refers to Sowaka, LLC., with headquarters located at 1154 Pacific st Brooklyn NY 11216. All content held on this website is the exclusive property of Sowaka, LLC. 

Changes to This Agreement

Sowaka Beauty reserves the right, at any time, to modify or update the terms of this Agreement, upon notice to the Customer in writing to the last address supplied by the Customer, by email or posting on the site or by any other reasonable means of communication. Sowaka Beauty also reserves the right, at any time, to modify or update its Privacy & Security Statement by using the same procedures. Customer confirms his or her acceptance of the modifications or updates by continuing to use the Site.

Age Requirement

The Site is intended for use by individuals 13 years of age or older. If you are under 18, you may use this Site only with involvement of a parent or guardian.

Your Account

You may be required to register with Sowaka in order to access certain services or areas of the Site. With respect to any such registration, we may refuse to grant to you the user name you request. Your user name and password are for your personal use only. If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. In addition to all other rights available to Sowaka, Sowaka reserves the right, in its sole discretion, to terminate your account, refuse service to you, or cancel orders.

Governing New York Law and Dispute Forum/Jury Trial Waiver

THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK, WITHOUT CONSIDERATION OF ITS CONFLICT OF LAW PRINCIPLES AND CUSTOMER, BY ACCEPTING THIS AGREEMENT, CONSENTS AND AGREES TO EXCLUSIVE JURISDICTION IN THE SUPREME COURT FOR THE STATE OF NEW YORK, NEW YORK COUNTY, PROVIDED THAT A PARTY MAY SEEK ENFORCEMENT OF A JUDGMENT OF SUCH COURTS IN ANY COURT OF COMPETENT JURISDICTION. BOTH SOWAKA BEAUTY AND CUSTOMER WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY DISPUTE BETWEEN THE PARTIES.

License and Access

Sowaka grants you a limited license to access and make personal use of the Site and Site content only for noncommercial purposes and only to the extent such use does not violate this Agreement. This license does not include any resale or commercial use of the Site; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site; any downloading, copying, or other use of the Site for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in this Agreement are reserved and retained by Sowaka and/or its content providers. The Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Sowaka. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Sowaka without express written consent. You may not use any meta tags or any other "hidden text" utilizing Sowaka's name or trademarks without the express written consent of Sowaka. You may not misuse the Site. You may use the Site only as permitted by law. The licenses granted by Sowaka terminate if you do not comply with this Agreement and/or any other Site Terms & Conditions.

Purpose of Sales

All sales of products by Sowaka Beauty are limited to personal use and may not, without the express prior written approval of Sowaka Beauty, be made in conjunction with any resale or commercial use. We reserve the right to limit quantities to normal retail purchases.

Copyright

All Site content, design, text, graphics, images, logos, buttons, icons, interfaces, audio and video clips, and the selection and arrangements thereof are the exclusive property of Sowaka Beauty, or its respective content providers, and are protected by U.S. and international copyright laws. All software used on the Site is the property of Sowaka Beauty or its respective software suppliers, and such software is protected by U.S. and international copyright laws and other laws and treaties. The compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive property of Sowaka and is protected by U.S. and international copyright laws.

Trademarks

Graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Site are trademarks or trade dress of Sowaka or its licensors. Sowaka's trademarks and trade dress may not be used in connection with any product or service that is not Sowaka's or, in any manner that is likely to cause confusion among customers. All other trademarks not owned by Sowaka that appear on any Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Sowaka.

Privacy Policy

Sowaka Beauty protects customer information according to our Privacy Policy posted on the Site, and our Privacy Policy, as amended from time to time, is incorporated by reference to be a part of this Agreement.

Colors/Satisfaction Policy/Returns

Sowaka Beauty has made every reasonable effort to display as accurately as possible the colors of the products that appear on the Site. However, the actual colors you see will depend on a number of factors including the monitor that you use and the settings on the monitor. Sowaka Beauty does not guarantee that the display of any color will be accurate. If for any reason you are unsatisfied with your experience on the Site, please contact us. If for any reason you are not satisfied with any products you purchase on the Site you can return them to our warehouse or any of our stores, and any refunds or credits due shall be provided in accordance with our Return Policy. We will provide a credit card refund for warehouse returns.

Disclaimer - Beauty Products

Sowaka Beauty sells products from many of the finest cosmetic and fragrance producers in the world. The use and selection of cosmetics and fragrance products and other health and beauty products ("Beauty Products") requires care to be certain that any directions and warnings from the manufacturer are observed and followed and that Customer is aware of the possibility that some people may have allergic or other reactions to such products.

We will endeavor to provide to Customers product labeling information, however, Sowaka Beauty is not the manufacturer of all of the Beauty Products it sells. Customers are advised to read and strictly follow the label, all packaging inserts and instructions and all manufacturer directions and warnings.

In providing information or advice on this Site with respect to Beauty Products, whether in chat rooms, in product descriptions, or otherwise, we may rely upon advice from third-party manufacturers and from licensed beauticians. As to any products of which Sowaka Beauty is not the manufacturer, we will, upon request, endeavor to identify the manufacturer of such product and provide to the Customer contact information for the manufacturer.

General Disclaimer - All Products

Sowaka Beauty does not represent or warrant that the information accessible through the Site is accurate, complete or current or that any advice or any particular product will achieve any result of any kind. Price and availability information contained on this site is subject to change without notice. We shall not be bound by any errors or omissions in posting product information or prices with respect to any products or services offered on the Site.

All materials and information presented by Sowaka Beauty on the Site are intended to be used for informational purposes only. The products promoted on the Site, including cosmetic products, are not intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease, and are not intended to affect the structure of or any function of the human body. The results reported, if any, may not necessarily occur in all individuals. Please consult with your own physician or health care practitioner regarding any suggestions and recommendations made at the Site.

In providing product information to its customers, Sowaka Beauty relies in part on product descriptions furnished by manufacturers, wholesalers, and other third parties. If you believe that any information is not accurate, please Contact Us.

Sowaka cannot and does not represent or warrant that the Site or its server will be error-free, uninterrupted, free from unauthorized access (including third-party hackers or denial of service attacks), or otherwise meet your requirements.

THE SITE AND ALL INFORMATION, CONTENT, WRITTEN MATERIALS AND SERVICES MADE AVAILABLE TO YOU THROUGH THE SITE (COLLECTIVELY, THE "SITE CONTENTS") ARE PROVIDED BY SOWAKA ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES, INCLUDING ANY EXPRESS WARRANTIES, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OR ANY WARRANTIES AS TO THE COMPLETENESS OF THE SITE CONTENTS OR THAT EMAILS SENT FROM SOWAKA ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. THE FOREGOING DISCLAIMERS OF REPRESENTATIONS AND WARRANTIES SHALL BE APPLICABLE ONLY TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW AND SHALL IN NO EVENT BE CONSTRUED TO BE BROADER THAN PERMITTED BY THE APPLICABLE LAW.

Order Acceptance/Shipping Terms/Refunds

The receipt of an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Such receipt also does not constitute a confirmation that the product or service is in stock or otherwise available on the price and terms published on the Site, or published in any catalog or other advertisement. Sowaka Beauty reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any Customer for any reason, including limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified as potential fraud. Sowaka Beauty reserves the right to limit the quantity of items purchased per person, per household or per order for any reason; and these restrictions may apply to orders placed by the same account, the same credit card, and also to orders that use the same billing address and/or shipping address. Sowaka Beauty also reserves the right, in our sole discretion, to either prohibit sales or limit quantities of sales to dealers or resellers. For purposes of this Agreement, reselling shall be defined as purchasing or intending to purchase any item from Sowaka Beauty for the purpose of engaging in a commercial sale of that same item with a third party. With respect to items sold by Sowaka Beauty, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Sowaka Beauty is higher than our stated price, we will at our discretion, either contact your for instructions before shipping or cancel your order. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. Verification of order and customer information may be required prior to the acceptance of any order. Sowaka Beauty is not obligated to fulfill any order and may refuse any order. Alternatively, Sowaka Beauty may accept the order and notify the Customer of an estimated time for shipment (in which case the order shall be deemed to remain open until delivery). Charges to Customer's credit card shall only be processed for collection when a shipment has been made. Any shipping and handling charges which are imposed may reflect estimated or average amounts required to cover the cost of shipping and handling and need not reflect the exact cost of the specific order. Same day delivery may be available in a limited geographic area. Applicable taxes and delivery fees will apply. The delivery fee does not include voluntary tip(s) or gratuity provided to the courier. In the event of an authorized return of any goods sold from the Site, Sowaka Beauty is not obligated to include a refund of any shipping and handling charges or delivery charges or gift wrap charges except when the return is for defective product and Sowaka Beauty shall have the option to refund any amount owing to Customer by either crediting the charge card used for payment or mailing a check to the Customer at the address shown on the related order.

Risk of Loss

The risk of loss for and title to products purchased on the Site passes to the purchaser upon delivery to the carrier.

Online Conduct

Any conduct by a person that in Sowaka Beauty's sole discretion restricts or inhibits any other person from using or enjoying the Site is prohibited. Customer agrees to use the Site only for lawful purposes and in accordance with that prohibition. Customer agrees that he or she will not post on the Site or transmit through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law.

User Comments, Feedback, Posts, and Other Submissions

You may submit, post, or otherwise make available reviews, comments, feedback, suggestions, questions, photos, videos, and other content on or through the Site (collectively, "Comments") as long as your Comments do not contain any Prohibited Content. "Prohibited Content" means Content that:

• is threatening, defamatory, hateful, harassing, abusive, or obscene;

• violates the right of privacy or right to publicity;

• is false, deceptive, or otherwise misleading;

• infringes any intellectual property right, such as patent, copyright, trademark, and/or trade secret;

• contains any software virus or other malware;

• includes any commercial or political solicitation;

• violates any local, state, or federal law or regulation;

• impersonates another person or entity;

• includes any advertisement, pyramid scheme, or other "spam;" and/or

• is otherwise objectionable or non-family-friendly as determined by Sowaka in its sole discretion.

Although we cannot monitor all Comments, Sowaka reserves the right (but not the obligation), in its sole discretion, to remove or edit any Comment that appears on the Site for any reason and at any time. Nevertheless, you are solely responsible for any Comments you submit, post, or otherwise make available on or through the Site, and you agree to indemnify Sowaka for all claims resulting from any such Comments. Sowaka has no obligation (1) to maintain any Comment in confidence; (2) to pay any person any compensation for any Comment; or (3) to respond to any Comment.

Sowaka does not claim ownership of any Comment. However, you agree that we are free to use any Comment for the purpose of providing you and others with the use of the Site, with associated products and services, and with Sowaka's (and its successors' and assigns)' business. You grant Sowaka a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive, fully sublicensable right to use, reproduce, create derivative works from, modify, adapt, publish, edit, translate, distribute, perform, and display the Comment throughout the world in any media now known or hereafter developed. You also grant Sowaka the right to use the name and any other identification information that you submit, post, or otherwise make available in connection with the Comment.

You represent and warrant that:

• you own or otherwise control all of the rights to any Comment;

• use of any Comment supplied by you will not violate this Agreement; and

• the Comment will not cause injury to any person or entity.

Sowaka takes no responsibility and assumes no liability for any Comment or other content posted by you or any third party.  

Copyright Complaints

Sowaka respects the intellectual property of others. If you believe that your work has been copied on our Site in a way that constitutes copyright infringement, please contact us to report possible copyright infringement.

Termination of Usage

Sowaka Beauty may, without incurring any liability to the Customer, terminate access by such Customer, or suspend any Customer's access to all or part of the Site, without notice, for any conduct that Sowaka Beauty, in its sole discretion, believes is in violation of any applicable law or this Agreement, or is harmful to the interests of another user, a third-party, a merchant, a sponsor, a licensor, a service provider, or Sowaka Beauty.

Outside Sites and Linking

The Site may contain links to other sites on the Internet that are owned or operated by third party vendors and other third parties (the "Outside Sites"). Sowaka Beauty is not responsible for the availability of, or the content located on or through, any Outside Site. You should contact the site administrator or Webmaster for those Outside Sites if you have any concerns regarding such links or the content located on such Outside Sites.

Sowaka Beauty permits certain third party links to the home page of its site, provided that Sowaka Beauty is provided with notice of such links and does not thereafter object to such linking. No links or "deep links" are permitted to any page other than the sowakanyc.com home page without the prior written consent of Sowaka Beauty and Sowaka Beauty reserves the right to revoke unilaterally any consent that it may at any time give to any linkage, including linkages to the home page.

SMS Terms and Conditions

Last updated: Jan. 26, 2025

The SOWAKA mobile message service (the "Service") is operated by SOWAKA (“SOWAKA”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to SOWAKA’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of SOWAKA through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with SOWAKA. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to +18555259924 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other SOWAKA mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to +18555259924 or email info@sowakanyc.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

Severability

If any provision of this Agreement is found to be contrary to law, the remainder of that provision (if any) and the remaining provisions of this Agreement will remain in full force and effect.

Waiver

The waiver of any breach or default of this Agreement shall not constitute a waiver of any subsequent breach or default and shall not act to amend or negate the rights of the waiving party.

Entire Agreement

This Agreement shall, as the same may be amended from time to time, constitute the complete and exclusive agreement between Sowaka Beauty and Customer with respect to the subject matter hereof. It supersedes and replaces all prior discussions, negotiations, understandings and agreements, written and oral, regarding such matters. Any additional or different terms in any purchase order or other written or oral response by Customer shall be deemed rejected by Sowaka Beauty without need of further notice and shall not be part of this Agreement or in any way binding upon Sowaka Beauty.

Acceptance of This Agreement and of Amendments and Modifications Thereof

Use of the Site represents an acceptance by the Customer of the terms of this Agreement. Use of the Site shall be governed solely by the terms of this Agreement, as the same may be amended from time to time, and the policies published by Sowaka Beauty on the Site, which shall be the entire agreement of the parties with regard to the use of the Site. Amendments or other modifications to this Agreement may, from time to time, be made by Sowaka Beauty sending an email to the Customer at Customer's last known email address or by posting thereof on the Site.

Our Address and Contact Information Relating to the Terms of this Agreement

If you have any questions regarding the terms of this Agreement, you should contact Sowaka as follows:

By Email: info@sowakanyc.com