Terms & Conditions (T&C)

Dutch Barn Soap Company (“Dutch Barn Soap,” “we,” “our,” or “us”)
Website: DutchBarnSoap.com
Address: 200 River Rd, Belle Mead, NJ 08502
Email: [email protected]

1) Agreement to Terms

These Terms & Conditions (“Terms”) govern your access to and use of DutchBarnSoap.com (the “Site”), purchases made through the Site, and any related services. By accessing the Site or placing an order, you agree to these Terms.

2) Eligibility

You must be at least 18 (or the age of majority in your state) to purchase. If you order on behalf of another person or entity, you represent that you are authorized to accept these Terms for them.

3) Products; Handcrafted Variations

We sell cold-process soaps, body butters, salves/balms, and scrubs (“Products”). Because Products are handcrafted in small batches, color, pattern, weight, and scent may vary. Natural ingredients (e.g., butters, waxes, essential oils) can soften or melt in warm weather; resolidification or cosmetic changes do not affect function.

4) Safe Use; Allergy & Sensitivity Notice (Assumption of Risk)

Products are for external use only. Avoid eyes and mucous membranes. Patch-test first; discontinue if irritation occurs. Surfaces may become slippery; use caution in shower/tub. Some Products contain nut oils, botanicals, clays, or essential oils that can trigger sensitivities. By using the Products, you acknowledge these risks and agree to use as directed.
We make cosmetic-only claims; our Products and content are not medical advice and are not intended to diagnose, treat, cure, or prevent any disease (drug-type claims can change a product’s regulatory status).

5) Ingredient & Label Information

Ingredients (INCI where applicable), net contents, identity, business name/address, and any required warnings are provided on labels/product pages in line with 21 CFR Parts 701 & 740 and related FDA guidance.

6) Regulatory Status (Soap vs. Cosmetics)

Depending on intended use and claims, “true soap” marketed solely as soap can be regulated by CPSC, while body butters/salves/balms/scrubs are typically cosmetics under FDA oversight; drug-type claims can trigger drug rules. We do not market drug claims.

7) Orders, Pricing, Taxes; Not for Resale

All orders are offers to purchase subject to acceptance. We may correct errors (including price/availability/description) and cancel/refund orders affected by error or suspected fraud. Prices and availability may change without notice. We collect sales tax where required; you are responsible for other taxes/duties. Purchases are for personal use only; resale is not permitted without our prior written consent.

8) Shipping, Risk of Loss & Delivery Delays

We ship to the address you provide using your selected method. Risk of loss passes to you upon the carrier’s delivery scan at your address.
Shipment timing. If we state a timeframe, we aim to meet it; if none is stated, we ship within a reasonable time and in compliance with the FTC Mail/Internet/Telephone Order Merchandise Rule. If shipment will be delayed past the promised time (or 30 days if no time is stated), we will seek your consent to the delay or issue a prompt refund as required by law.
Warm-weather advisory. Body butters/balms can soften/melt in transit; bring packages inside promptly and allow to resolidify at room temperature.

9) All Sales Final — No Returns/Exchanges

Due to the personal nature of bath & body products, all sales are final; no returns, exchanges, or order cancellations after checkout. This is in addition to non-waivable rights under law (e.g., refunds required by the FTC rule when shipment is delayed and you don’t consent). For California customers, we conspicuously disclose this no-refund policy (e.g., at checkout and on product pages) as required by Cal. Civ. Code § 1723.
Damaged/Incorrect items. Email [email protected] with order number and photos within 48 hours of delivery. At our discretion and consistent with law, we may replace or refund affected items; returns are not required.

10) Promotions, Gift Cards & Bundles

Promos/coupons are single-use, cannot be combined (unless stated), have no cash value, and may be modified/ended anytime where lawful. Gift cards are not reloadable, not for resale, and not redeemable for cash (except where required by law).

11) User Accounts; Acceptable Use

You’re responsible for safeguarding login credentials and all activity on your account. You agree not to (a) interfere with Site operation, (b) access non-public areas, or (c) use the Site unlawfully. We may suspend/terminate access for violations.

12) User Content (Reviews/Photos) & License

If you submit reviews, photos, or other content (“UGC”), you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, adapt, publish, and display your UGC to operate, improve, and market the Site/Products. You represent you own or have rights to the UGC and that it does not infringe others’ rights. We may remove UGC at our discretion.

13) Intellectual Property; DMCA

Site content (text, logos, images, designs) is owned by or licensed to Dutch Barn Soap and protected by IP laws.
DMCA. If you believe content on the Site infringes your copyright, send a notice meeting 17 U.S.C. §512(c)(3) to [email protected] (or our designated DMCA Agent listed on the Site). We respond expeditiously to compliant notices and may disable access to alleged infringing material; counter-notices are processed per §512. To maximize safe-harbor protection, we maintain a repeat-infringer policy and recommend registering a DMCA Agent with the U.S. Copyright Office.

14) Privacy

Your purchase and Site use are also governed by our Privacy Policy, which explains what data we collect, how we use it, and your rights (including, for California residents, disclosures under CCPA/CPRA and recognition of applicable signals such as Global Privacy Control).

15) California Proposition 65 (If Applicable)

Where required, we provide clear and reasonable warnings, including updated short-form warnings that identify at least one listed chemical (effective Jan 1, 2025, with a three-year transition for relabeling through Jan 1, 2028).

16) Disclaimers; Limited Warranties

EXCEPT AS REQUIRED BY LAW, THE SITE AND PRODUCTS ARE PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Any warranties that cannot be disclaimed remain only to the extent required by law. (Under UCC §2-316, any written disclaimer of merchantability must be conspicuous and mention “merchantability.”)

17) Limitation of Liability (Asset-Protective)

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THE PRODUCTS OR THE SITE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US FOR THE PRODUCT(S) AT ISSUE IN THE 12 MONTHS BEFORE THE CLAIM AROSE, OR (B) $100.
We do not exclude liability where prohibited by law. Limitation of consequential damages for personal injury in consumer goods is prima facie unconscionable under the UCC; our limitations apply only as permitted by law.

18) Indemnification (Focused on Misuse & UGC)

You agree to indemnify and hold harmless Dutch Barn Soap and our owners, employees, and agents from claims, losses, and expenses (including reasonable attorneys’ fees) arising out of: (a) your breach of these Terms; (b) UGC you submit; or (c) your illegal or improper use of the Site or Products (e.g., ignoring labeled warnings or using Products contrary to instructions). This clause does not require you to indemnify us for our own negligence or for product-related personal injury to consumers where such indemnity would be prohibited by law.

19) Dispute Resolution — Binding Arbitration, Class-Action Waiver & Jury Waiver (U.S. Customers)

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS.
By agreeing to these Terms, you and Dutch Barn Soap AGREE TO RESOLVE MOST DISPUTES THROUGH FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS AND NOT IN COURT. YOU AND DUTCH BARN SOAP WAIVE THE RIGHT TO A TRIAL IN COURT AND THE RIGHT TO A JURY TRIAL. YOU ALSO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION.

Scope & forum. The Federal Arbitration Act governs this agreement. Arbitration will be administered by the AAA under its Consumer Arbitration Rules; unless you and we agree otherwise, hearings occur by videoconference or in Somerset County, New Jersey. The arbitrator may award individual relief sufficient to satisfy your claim.
Small-claims carve-out. Either party may bring an individual action in small-claims court.
30-day opt-out. You may opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing [email protected] with subject “Arbitration Opt-Out” and your name, email, and billing address; opting out has no effect on past arbitrations.
Class/representative actions prohibited. Claims must be brought in an individual capacity only.
Exception for IP/injunctive relief. We may seek injunctive or other equitable relief in court to protect intellectual property or Site security.

20) Time Limit to Bring Claims

To the extent permitted by law, any claim must be filed within ONE (1) YEAR after the claim accrues; otherwise, it is permanently barred.

21) Force Majeure

We are not liable for delays or failures caused by events beyond our reasonable control (e.g., acts of God, labor disputes, supply-chain or carrier failures, epidemics, or utility outages).

22) Assignment

You may not assign or transfer rights or obligations under these Terms without our prior written consent. We may assign in connection with a merger, acquisition, or sale of assets.

23) Severability; No Waiver; Survival

If any provision is unenforceable, it will be modified to the minimum extent necessary and the remainder will remain in force. Our failure to enforce any right is not a waiver. Provisions that by their nature should survive (e.g., IP, disclaimers, limitations, indemnity, dispute resolution) survive termination.

24) Governing Law & Venue

These Terms are governed by the laws of New Jersey, without regard to conflicts rules. For disputes not subject to arbitration, exclusive venue is in state or federal courts located in Somerset County, New Jersey.

25) Changes to these Terms

We may update these Terms from time to time. The “Effective Date” below reflects the latest revision. Your continued use after an update means you accept the revised Terms.

26) Contact

Questions? [email protected] • 200 River Rd, Belle Mead, NJ 08502

Effective Date: October 26, 2025