Version 2026-10-05. Eisinger Smith LLC, d/b/a Formule Privée. Governing law: State of Texas. Venue: Dallas County, Texas.
What you agree to at checkout
ASSUMPTION OF RISK, RELEASE & WAIVER OF LIABILITY. I confirm I personally designed and specified this custom formula. I understand that what I am paying for is a service: Formule Privée making this product to my specification — compounding, filling, and labelling the formula I designed — and not a pre-formulated or tested product or any particular result. I understand it is made to order to my specification; that Formule Privée has not tested it for irritation, stability, safety, or efficacy; and that it may not perform as intended and may cause irritation, sensitisation, allergic reaction, or other adverse effects, which could be significant. I voluntarily assume all risks arising from its formulation, production, and use — including any reaction resulting from my own skin type, allergies or sensitivities, pregnancy or nursing, or any health condition, medication, supplement, or other product I use, whether or not disclosed to the Company. It is my responsibility to review the ingredients and to consult a qualified healthcare or skincare professional about my circumstances before use. I also understand that ingredient-safety information and regulatory thresholds (including fragrance-allergen labelling limits) may change over time, and that any information provided reflects current standards and is not a guarantee of safety. To the fullest extent permitted by law, I release, discharge, and covenant not to sue Eisinger Smith LLC, d/b/a Formule Privée (Priveeformule), and its owners, officers, employees, and agents (the "Released Parties") from any and all claims, demands, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to this formula or its use, whether based in contract, warranty, tort, strict liability, or otherwise. The product is provided "AS IS" and "AS AVAILABLE," and the Released Parties disclaim all warranties, express or implied, including the implied warranties of merchantability and fitness for a particular purpose. I agree to indemnify, defend, and hold the Released Parties harmless from any claim, demand, or expense (including reasonable attorneys' fees) arising from my design, use, misuse, gifting, or resale of the formula, my breach of this agreement, or my violation of any law or the rights of any third party (including any person to whom I give or resell the product), except to the extent caused by a Released Party's gross negligence, willful misconduct, or fraud. This is not medical advice; I will patch-test 24–48 hours before first use and discontinue use and seek medical attention if any adverse reaction occurs. Nothing here limits liability for gross negligence, willful misconduct, or fraud, or waives any right that cannot be waived under applicable law. This product is a final, made-to-order sale for my personal use or to give as a personal, non-commercial gift only; I will not resell, redistribute, or offer it for sale, and if I give it to another person I will tell them it is a custom, untested cosmetic, share these warnings and the ingredient list with them, direct them to patch-test before use, and remain responsible for their use. I understand that the ingredients I add to the base can change its texture, feel, scent, colour, or other aesthetic qualities — for example, making it tacky, sticky, thinner, thicker, oilier, or grainier — and that these are expected results of my selections, not defects. Because the price pays for the service of making this product to my specification, and that service is complete once the product is made, it cannot be resold or restocked. I understand all sales are final and the product is non-refundable, non-returnable, and non-exchangeable, except (a) for one complimentary reformulation under the Formule Privée Formula Promise, which keeps the same actives as my original order unless Formule Privée reduces or removes one, does not cover changes in texture, feel, tackiness, scent, colour, or other aesthetic qualities caused by the ingredients I chose to add to the base, and is never a refund or credit; or (b) where a refund or remedy is required by non-waivable law (for example, a product that arrives defective or not as described). This waiver is governed by the laws of the State of Texas, without regard to its conflict-of-laws rules, and the exclusive venue for any dispute is the state or federal courts located in Dallas County, Texas.
Full terms
0. Parties. "The Company" means Eisinger Smith LLC, a limited liability company doing business as Formule Privée (Priveeformule). "Released Parties" means the Company and its owners, members, officers, employees, contractors, and agents.
1. Custom, made-to-order product. The customer is the formulator. The customer selects the ingredients, concentrations, base, botanicals, and fragrance. The Company manufactures the product to the customer's specification and does not represent that the resulting combination is safe, effective, stable, or suitable for the customer or any purpose. What the customer pays for is a service: the Company's work of compounding, filling, and labelling the formula the customer specified. The price is for that making service — not for a pre-formulated or tested product, and not for any particular result — and the service is complete once the product is made.
2. No testing; no warranties. Each formula is bespoke and is not subject to stability, irritation, safety, or efficacy testing. The product is provided "AS IS" and "AS AVAILABLE." To the fullest extent permitted by law, the Released Parties disclaim all warranties, express, implied, or statutory, including merchantability, fitness for a particular purpose, and non-infringement.
3. Assumption of risk. Cosmetic ingredients — including natural botanicals, fragrance, acids, retinoids, and actives — may cause irritation, dryness, redness, burning, photosensitivity, allergic contact dermatitis, or other adverse reactions, which may be severe. Reactions may also arise from, or be worsened by, the customer's individual skin type, allergies or sensitivities, pregnancy or nursing, or any health condition, medication, supplement, or other product the customer uses, whether or not disclosed to the Company. It is the customer's responsibility to review the ingredients and consult a qualified healthcare or skincare professional about their circumstances before use. Fragrance allergens present above the applicable regulatory threshold are disclosed at the time of order; the customer understands that ingredient-safety information and regulatory thresholds (including fragrance-allergen labelling limits) may change over time, that any information provided reflects current standards, and that no such information is a guarantee of safety. The customer voluntarily and knowingly assumes all such risks.
4. Release and covenant not to sue. To the fullest extent permitted by law, the customer releases, discharges, and covenants not to sue the Released Parties from any and all claims arising out of or relating to the formula's design, production, or use, whether based in contract, warranty, tort, strict liability, or otherwise.
5. Indemnification. The customer will indemnify, defend (with counsel reasonably acceptable to the Company), and hold the Released Parties harmless from and against any claim, demand, action, liability, damage, loss, cost, or expense (including reasonable attorneys' fees) arising out of or relating to: (a) the customer's design, specification, use, misuse, storage, gifting, or resale of the formula; (b) the customer's breach of this waiver or the Terms of Service; (c) the customer's violation of any applicable law or the rights of any third party (including any person to whom the customer gives or resells the product); or (d) any formula name or other content the customer supplies. This obligation survives completion of the order. Nothing in this section requires the customer to indemnify a Released Party against that Released Party's own gross negligence, willful misconduct, or fraud, or waives any right that cannot be waived under applicable law.
6. Limitation of liability. To the fullest extent permitted by law, the Released Parties' aggregate liability arising from any order will not exceed the amount the customer paid for that order, and the Released Parties will not be liable for indirect, incidental, special, consequential, or punitive damages.
7. Medical disclaimer. Nothing provided is medical advice. The customer should consult a qualified professional about their skin, patch-test 24–48 hours before first use, and discontinue use and seek medical attention if any adverse reaction occurs.
8. Savings clause. Nothing in this waiver excludes or limits liability for gross negligence, willful misconduct, fraud, death or personal injury caused by negligence where such limitation is prohibited, or any right or remedy that cannot be waived or limited under applicable law. If any provision is held unenforceable, the remainder stays in effect and the unenforceable provision is limited to the minimum extent necessary.
9. Governing law & venue. This waiver and any dispute arising from it are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules. The exclusive venue and forum for any dispute is the state or federal courts located in Dallas County, Texas, and the customer consents to personal jurisdiction there.
10. Personal use; no resale; gifting. The product is sold solely for the customer's personal use or to give as a personal, non-commercial gift, and each order is a final, made-to-order sale. The customer will not resell, redistribute, offer for sale, or otherwise commercially transfer the product. If the customer gives the product to another person, the customer will inform that person that it is a custom, untested cosmetic made to the customer's specification, will share the ingredient list and these safety warnings, and will direct them to patch-test before use; that recipient's use is subject to the same assumption of risk and release, and the customer remains responsible as set out in Section 5 (Indemnification).
11. Acceptance & record. The customer accepts this waiver by checking the acknowledgment box at checkout. Acceptance, the waiver version, the disclosed concerns and allergens, and a timestamp are recorded with the order.
12. Final sale & the Formula Promise. Because the price pays for the service of making a formula to the customer's specification, that service is complete once the product is made, and every formula is custom-blended and made to order, it cannot be resold or restocked, and all sales are final: no refunds, returns, exchanges, or store credit, except as set out in this section or where a remedy is required by non-waivable law (for example, a product that arrives defective or not as described).
The Formula Promise. If a custom formula isn't right for the customer, the Company will reformulate it once, at no charge, on these terms:
- (a) One per customer. One complimentary reformulation per customer. Any further reformulation is at the Company's sole discretion.
- (b) Request within 10 days of delivery (the carrier's delivery date), with the order number, a short description of what wasn't right, and a photo of the product.
- (c) Same actives. The reformulation keeps the same active ingredients as the original order. The Company's formulation team may reduce the level of, or remove, an active, and may adjust the base, fragrance, botanicals, oils, or other non-active elements. Actives cannot be added or swapped.
- (d) Same product type and size, made and shipped at no cost to the customer (standard shipping is on us).
- (e) Reformulation, not refund. The Formula Promise is never a refund, credit, or exchange for a different product.
- (f) Fair use. The Company may decline a request that appears to abuse this promise — for example repeated claims, multiple accounts, or resale.
- (g) Reactions. If the customer has a reaction, they should stop use and seek medical advice (Section 7). A reformulation does not admit fault and does not change Sections 2–6 or 10.
- (h) Texture, feel and other aesthetics are not covered. Adding actives, botanicals, oils, or fragrance to a base can change its texture, feel, scent, colour, or other aesthetic qualities — for example making it tacky or sticky, thinner or thicker, oilier, grainier, slower to absorb, or slightly different in scent or colour. These are expected results of the customer's own selections, not defects, and are not grounds for a reformulation under the Formula Promise. A preference for different packaging, or a change of mind, is likewise not grounds for a reformulation.
To request a reformulation, use our customer care form with your order number, a short note on what wasn't right, and a photo of the product.