Terms of Service

Last Updated: August 4, 2026

Welcome to SHEPHERD. These Terms of Service (“Terms”) govern your access to and use of the website located at shepherdskin.com (the “Site”), including any purchases made through the Site.

By accessing or using the Site, or by purchasing any products through the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

1. About SHEPHERD

The Site is owned and operated by SHEPHERD 33 LLC, doing business as SHEPHERD (“SHEPHERD,” “we,” “our,” or “us”). SHEPHERD offers premium skincare products intended for cosmetic use only.

2. Eligibility & Use of the Site

You must be at least 18 years of age or the age of majority in your jurisdiction to make a purchase through the Site.

By using the Site, you represent and warrant that:

• You are legally capable of entering into a binding agreement

• Information you provide is accurate and complete

• Your use of the Site complies with applicable laws

We reserve the right to refuse service, suspend accounts, or cancel orders at our discretion and for any lawful reason.

Electronic Communications Consent

By using the Site or making a purchase, you consent to receive electronic communications from SHEPHERD, including order confirmations, shipping notifications, transactional updates, policy changes, and other communications relating to your use of the Site or your purchase. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.

3. Products & Cosmetic Use Disclaimer

All products sold by SHEPHERD are cosmetic products intended for external use only.

Our products:

• Are not intended to diagnose, treat, cure, or prevent any disease

• Have not been evaluated by the U.S. Food and Drug Administration (FDA), unless expressly stated

• Are not a substitute for professional medical advice

Individual results may vary. If you have known sensitivities, allergies, or medical conditions, consult a qualified healthcare professional prior to use.

Product Images, Visual Representations & AI-Generated Content

SHEPHERD may use a combination of photography, digital renderings, illustrative images, enhanced visuals, and artificial intelligence–assisted image generation in connection with product displays, marketing materials, and website content.

All product images and visual representations are provided for illustrative and marketing purposes only. While we make reasonable efforts to present our products accurately, images may not be exact representations of the final product and may vary with respect to color, size, texture, finish, packaging details, labeling, or scale.

Actual product appearance may differ due to lighting conditions, screen displays, device settings, batch variations, or manufacturing updates. Product images should not be relied upon as precise or definitive representations of the product you will receive.

SHEPHERD does not guarantee that any image, rendering, or visual representation—including those created or enhanced using artificial intelligence—will be an exact match to the delivered product. Such visual content does not constitute a warranty, promise, or guarantee of product characteristics.

By purchasing from SHEPHERD, you acknowledge and agree that product images are illustrative in nature and that minor variations between displayed images and delivered products do not constitute defects or grounds for return, refund, or chargeback, except where required by applicable law.

4. Orders, Pricing & Availability

All prices are listed in U.S. dollars unless otherwise stated.

We reserve the right to:

• Modify prices at any time without notice

• Limit quantities purchased per order or per customer

• Discontinue products at any time

Order confirmation does not constitute acceptance. We may cancel or refuse any order due to inventory limitations, pricing errors, suspected fraud, unauthorized transactions, or other lawful reasons.

Personal Use Only; Reseller Prohibition

Products purchased through the Site are for personal use only and may not be resold, redistributed, or offered for commercial sale. You may not purchase products for the purpose of engaging in a commercial sale of those products to any third party, whether through online marketplaces, retail locations, or any other channel.

SHEPHERD reserves the right, at its sole discretion, to limit the quantity of products purchased per person, per household, or per order. We reserve the right to cancel any order, restrict any account, or refuse to process any transaction that we reasonably believe, in our sole discretion, is associated with unauthorized resale, commercial redistribution, or fraudulent activity.

Fraud Protection

As part of our order processing procedures, SHEPHERD screens orders for fraud or other unauthorized or illegal activity. We reserve the right to refuse to process an order, cancel an order, or restrict or terminate an account due to suspected fraud, unauthorized activity, or any violation of these Terms. SHEPHERD may contact you using the email address or phone number provided at checkout to verify your order. We take these measures to protect our customers and our business.

5. Payment Terms

We accept payment through authorized third-party payment processors. By submitting payment information, you represent and warrant that you are authorized to use the selected payment method.

SHEPHERD does not store full credit or debit card numbers.

6. Shipping & Risk of Loss

Shipping timelines are estimates only and are not guaranteed.

Title to and risk of loss for products pass to you when the products are tendered to the carrier for shipment, except as otherwise required by applicable law.

Shipping methods, processing times, delivery estimates, and shipping charges are set forth in the Shipping Policy, which is incorporated into these Terms by reference.

SHEPHERD is not responsible for delays, loss, or damage caused by carriers, weather conditions, supply chain disruptions, or events beyond our reasonable control. Claims relating to shipments that are lost or not delivered must be submitted within thirty (30) days following the estimated delivery date. Claims relating to products that arrive damaged are governed by Section 7 and must be submitted within the period stated in that Section.

7. Returns, Refunds & Chargebacks

Returns, refunds, and replacements are further governed by the Return & Refund Policy posted on the Site, which is incorporated into these Terms by reference.

Due to the personal, consumable, and hygienic nature of skincare products, all sales are final, and returns or exchanges are not accepted, except where required by applicable law.

Refunds or replacements may be considered solely in the following limited circumstances, subject to verification and SHEPHERD’s sole discretion:

(a) Products that arrive damaged during shipment

(b) Products that are defective due to a verified manufacturing error

(c) Documented severe allergic reactions, meaning an adverse reaction requiring medical evaluation or treatment and supported by reasonable documentation

(d) Products that are materially incorrect due to a fulfillment error by SHEPHERD

(e) Products in a shipment confirmed lost by the carrier, subject to the timeframes set forth in Section 6

Refunds will not be issued for:

• Dissatisfaction with results or expectations

• Normal skin adjustment, purging, irritation, or sensitivity

• Individual ingredient intolerance disclosed in the ingredient list

• Temperature-related changes in texture, firmness, or appearance occurring in product transit or storage, as described in the Product Information page
  
  

• Failure to perform a patch test

• Misuse, overuse, or use contrary to directions

To request consideration, customers must contact SHEPHERD within 10 days of delivery — or, for claims under subsection (e), within the timeframe set forth in Section 6 — at support@shepherdskin.com and provide order details, photographs, and any supporting documentation reasonably requested. Approval is not guaranteed. SHEPHERD reserves the right to request additional information or documentation as reasonably necessary to evaluate any request.

Initiating a chargeback without first contacting SHEPHERD to seek resolution may be considered a violation of these Terms and may result in limitations on future orders.

8. Allergic Reactions & Sensitivities

Ingredient information is provided for transparency; however, you are responsible for reviewing ingredients prior to use.

SHEPHERD is not responsible for adverse reactions resulting from individual sensitivities, allergies, misuse, or failure to patch test. Discontinue use immediately if irritation occurs.

Some products may contain essential oils, botanical extracts, or naturally derived ingredients. If you are pregnant, nursing, have a medical condition, or are under the care of a healthcare provider, consult a qualified healthcare professional prior to use. SHEPHERD makes no representations regarding the suitability of any product for use during pregnancy or nursing.

9. User Conduct

You agree not to:

• Use the Site for unlawful purposes

• Attempt to interfere with Site security or functionality

• Submit false, misleading, or fraudulent information

• Infringe upon the intellectual property or rights of others

We reserve the right to suspend or terminate access for violations of these Terms.

10. Third-Party Services & Links

The Site may include links to third-party websites or services. SHEPHERD does not control and is not responsible for the content, policies, or practices of third-party websites or platforms.

Your interactions with third-party services are governed by their respective terms and privacy policies.

11. User-Generated Content, Reviews & Testimonials

By submitting reviews, testimonials, comments, images, videos, or other content (“User Content”) to SHEPHERD or through the Site, you grant SHEPHERD a perpetual, irrevocable, royalty-free, worldwide, sublicensable license to use, reproduce, modify, publish, display, distribute, and otherwise exploit such User Content for lawful business purposes, including marketing and advertising.

You represent that the User Content reflects your honest opinion and actual experience and does not contain false, misleading, or deceptive statements. Individual results may vary.

SHEPHERD reserves the right to remove or refuse User Content at its sole discretion.

12. Marketing Use; No Endorsement

SHEPHERD may reference its customers, users, products, services, or general user experiences in marketing, advertising, or promotional materials, provided that any such references are truthful, non-misleading, and compliant with applicable law.

Use of customer reviews, testimonials, or User Content does not imply endorsement beyond the individual’s stated experience, and individual results may vary. Any statistical, aggregate, or anonymized information used in marketing materials shall not identify any individual unless required by law or expressly authorized.

Nothing in these Terms shall be construed as granting SHEPHERD the right to represent that any user endorses SHEPHERD or its products except as expressly stated by the user.

13. Influencer Relationships and Disclosures

SHEPHERD may engage independent influencers, creators, or brand partners who may receive compensation, free products, or other consideration in connection with content featuring SHEPHERD or its products. Any such relationships are intended to comply with applicable advertising and endorsement laws, including Federal Trade Commission (FTC) disclosure guidelines.

Nothing in these Terms creates an agency, partnership, employment, or endorsement relationship between SHEPHERD and any influencer or creator.

14. Intellectual Property; Trade Dress; International Enforcement

All content made available on or through the Site, including but not limited to product formulations, ingredient combinations, product concepts, packaging designs, labels, logos, trademarks, service marks, trade dress, color schemes, typography, artwork, photographs, videos, written materials, website design, user interfaces, and overall brand presentation (collectively, the “Intellectual Property”), is owned by or exclusively licensed to SHEPHERD 33 LLC and is protected by United States and international intellectual property laws.

Ownership & Protection

The Intellectual Property is protected under, without limitation:

• United States copyright, trademark, and trade dress laws

• The Lanham Act (15 U.S.C. § 1051 et seq.)

• United States unfair competition and false designation of origin laws

• International treaties and conventions, including but not limited to:

   – The Berne Convention for the Protection of Literary and Artistic Works

   – The Paris Convention for the Protection of Industrial Property

   – The TRIPS Agreement (Agreement on Trade-Related Aspects of Intellectual Property Rights)

All rights not expressly granted are reserved.

Product formulations, ingredient ratios, sourcing specifications, and manufacturing processes constitute proprietary trade secrets of SHEPHERD 33 LLC and are protected under applicable state and federal trade secret laws, including the California Uniform Trade Secrets Act (Cal. Civ. Code § 3426 et seq.) and the Defend Trade Secrets Act of 2016 (18 U.S.C. § 1836 et seq.). Misappropriation of SHEPHERD’s trade secrets, whether through improper acquisition, disclosure, or use, may result in civil liability, injunctive relief, and, where applicable, criminal penalties.

Prohibited Conduct

You may not, directly or indirectly:

• Copy, reproduce, reverse engineer, replicate, adapt, or imitate any product, formulation, packaging, label, or design

• Create, manufacture, market, or sell products that are confusingly similar in appearance, branding, or trade dress

• Use SHEPHERD’s trademarks, trade dress, or brand elements in a manner likely to cause confusion, mistake, or deception

• Register domain names, social media handles, marketplace listings, or advertising keywords incorporating or confusingly similar to SHEPHERD’s Intellectual Property

• Assist, enable, or facilitate any third party, manufacturer, supplier, distributor, or reseller in any of the foregoing

International Copycats & Global Enforcement

SHEPHERD actively and aggressively enforces its Intellectual Property worldwide, including against unauthorized manufacturers, resellers, distributors, factories, and copycats operating outside the United States.

Unauthorized use may result in:

• Immediate cease-and-desist demands

• Platform takedowns (including but not limited to Amazon, Shopify, Meta, Google, Alibaba, and payment processors)

• Customs seizures, import/export enforcement actions, and border-control notifications

• Civil litigation in the United States and/or foreign jurisdictions

• Claims for injunctive relief, statutory damages, disgorgement of profits, attorneys’ fees, and costs, to the maximum extent permitted by law

No License; No Estoppel

Nothing in these Terms grants any license or right to use SHEPHERD’s Intellectual Property, whether by implication, estoppel, or otherwise. Any unauthorized use constitutes a material breach of these Terms.

Injunctive Relief

You acknowledge and agree that unauthorized use of SHEPHERD’s Intellectual Property would cause irreparable harm for which monetary damages would be inadequate. Accordingly, SHEPHERD shall be entitled to immediate injunctive relief, without the requirement of posting a bond, in any jurisdiction worldwide, in addition to any other remedies available at law or equity.

15. Digital Millennium Copyright Act (DMCA)

SHEPHERD respects the intellectual property rights of others and expects users of the Site to do the same. If you believe that your work has been copied and made available on or through the Site in a way that constitutes copyright infringement, you may submit a notification pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512 (“DMCA”), by providing SHEPHERD’s designated copyright agent with the following information in writing:

• A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed

• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works

• Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit SHEPHERD to locate the material on the Site

• Your name, address, telephone number, and email address

• A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law

• A statement, made under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf

SHEPHERD’s designated copyright agent for notice of claims of copyright infringement is:

SHEPHERD 33 LLC

Attn: DMCA Agent

3941 Park Drive, PMB 251

El Dorado Hills, CA 95762

Email: support@shepherdskin.com (subject line: “DMCA Takedown Request”)

Upon receipt of a valid DMCA notification, SHEPHERD will act expeditiously to remove or disable access to the allegedly infringing material. In accordance with the DMCA, it is SHEPHERD’s policy to terminate, in appropriate circumstances, the accounts of users who are repeat infringers.

If you believe that material you posted on the Site was removed or access to it was disabled by mistake or misidentification, you may submit a counter-notification to the designated copyright agent containing: (a) your physical or electronic signature; (b) identification of the material that was removed or disabled and the location at which it appeared before removal; (c) a statement under penalty of perjury that you have a good-faith belief the material was removed or disabled as a result of mistake or misidentification; and (d) your name, address, telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located (or, if outside the United States, any judicial district in which SHEPHERD may be found) and that you will accept service of process from the person who provided the original DMCA notification.

16. Disclaimers

THE SITE AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE”, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

SHEPHERD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

17. Limitation of Liability

To the maximum extent permitted by law, SHEPHERD shall not be liable for any indirect, incidental, consequential, special, or punitive damages arising out of or related to:

• Use of the Site

• Purchase or use of products

• Allergic reactions or sensitivities

• Delays, errors, or interruptions

To the maximum extent permitted by law, SHEPHERD’s total aggregate liability for any claim arising out of or relating to the Site, these Terms, or any product shall not exceed the greater of:

(a) the amount paid by you for the product giving rise to the claim, or

(b) One Hundred U.S. Dollars (USD $100).

Time Limitation on Claims

Any claim arising under or relating to these Terms, the Site, or any product must be brought within one (1) year after the cause of action accrues. Any claim not brought within this period is permanently barred. This limitation applies to the fullest extent permitted by applicable law.

18. Indemnification

You agree to indemnify and hold harmless SHEPHERD, its owners, officers, employees, and affiliates from any claims, damages, losses, or expenses arising from your use of the Site, violation of these Terms, or misuse of products.

19. No Professional Advice

Information provided on the Site is for general informational purposes only and does not constitute medical, dermatological, or professional advice.

Faith-Based Inspiration; No Spiritual or Healing Claims

SHEPHERD draws historical, cultural, and philosophical inspiration from ancient traditions, Christian biblical theology, and natural ingredients historically used in cosmetic and wellness traditions. Such references are symbolic and inspirational only.

SHEPHERD does not claim that its products heal, cure, or provide spiritual, medical, or miraculous benefits.

20. Force Majeure

SHEPHERD shall not be liable for delays or failures in performance resulting from events beyond its reasonable control, including acts of God, natural disasters, supply chain disruptions, labor shortages, carrier delays, governmental actions, or system failures.

21. Governing Law

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

22. Dispute Resolution & Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or any purchase or product shall be resolved exclusively through final and binding arbitration, administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.

Arbitration shall take place in California, unless otherwise required by law. You and SHEPHERD agree that all disputes shall be brought only in an individual capacity, and not as part of any class, collective, consolidated, or representative action.

This arbitration agreement is governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.) and shall survive termination of these Terms.

Small Claims Court

Notwithstanding the foregoing, either party may bring an individual action in small claims court in lieu of arbitration, provided the claim falls within the court’s jurisdictional limits and is brought on an individual (non-class, non-representative) basis.

Arbitration Opt-Out

You may opt out of this arbitration provision by sending written notice to support@shepherdskin.com within thirty (30) days of your first purchase from the Site. Your opt-out notice must include your full name, mailing address, email address, and a clear statement that you wish to opt out of arbitration. If you opt out, all other provisions of these Terms remain in full force and effect. If you do not opt out within the 30-day period, you will be deemed to have agreed to this arbitration provision.

Injunctive and Intellectual Property Relief

Notwithstanding the foregoing arbitration provision, SHEPHERD retains the right to seek injunctive, equitable, or other relief in any court of competent jurisdiction, including state or federal courts in California, solely to prevent or address unauthorized use, infringement, or misappropriation of its intellectual property, trade dress, confidential information, or proprietary rights, or to enforce restrictions on use of the Site.

Such actions shall not be deemed a waiver of SHEPHERD’s right to compel arbitration for all other disputes.

23. California Residents

If you are a California resident, you may have certain rights under the California Consumer Legal Remedies Act (Cal. Civ. Code § 1750 et seq.) and the Song-Beverly Consumer Warranty Act (Cal. Civ. Code § 1790 et seq.), as applicable.

Nothing in these Terms is intended to waive, limit, or disclaim any consumer rights that cannot be waived under applicable California law.

Where required by law, SHEPHERD will honor applicable statutory rights, including remedies for defective products, notwithstanding any contrary provision in these Terms.

24. Severability; No Waiver

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

Failure by SHEPHERD to enforce any right or provision shall not constitute a waiver.

25. Changes to These Terms

We may update these Terms periodically. Updated Terms will be posted on the Site with a revised effective date. Continued use of the Site constitutes acceptance of the updated Terms.

Changes to these Terms will not apply retroactively to orders placed or transactions completed before the effective date of the revised Terms.

26. Entire Agreement

These Terms of Service, together with the Privacy Policy, Shipping Policy, Return & Refund Policy, and Product Information page posted on the Site, constitute the entire agreement between you and SHEPHERD with respect to your use of the Site and any purchases made through the Site. These Terms supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written, relating to the subject matter hereof.

Order of Precedence

In the event of any conflict or inconsistency between these Terms and any policy or page incorporated by reference (including the Privacy Policy, Shipping Policy, Return & Refund Policy, and Product Information page), these Terms shall govern, except where the specific policy — or the product packaging you receive — expressly states that it is authoritative or controlling as to a particular matter. By way of example and not limitation, the product packaging remains authoritative as to the ingredient list (INCI) and the Period After Opening (PAO) for that specific product, as described in the Product Information page.

No statement, representation, warranty, or agreement made by any employee, agent, or representative of SHEPHERD outside of these Terms shall be binding on SHEPHERD unless expressly incorporated into these Terms in writing. For the avoidance of doubt, marketing materials, social media posts, email communications, and customer service interactions do not create additional contractual obligations beyond what is stated in these Terms and the policies referenced herein.

27. Contact Information

For questions regarding these Terms, contact:

Email: support@shepherdskin.com

Business Name: SHEPHERD

Legal Entity: SHEPHERD 33 LLC

Mailing Address: 3941 Park Drive, PMB 251, El Dorado Hills, CA 95762 United States