TERMS OF PURCHASE (see "Terms of Service" further below)
Effective date: Sunday, December 1, 2019
Neauvia North America, Inc
TERMS OF PURCHASE
PLEASE READ THESE TERMS OF PURCHASE (THE “TERMS”) CAREFULLY. BY PURCHASING PRODUCTS FROM SKIN CHEMISTRY YOU ACCEPT AND AGREE TO ABIDE BY THESE TERMS. YOU AGREE THAT THE TERMS ARE ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT ACCEPT THE TERMS, YOU MUST CLICK ON THE “CANCEL” BUTTON AND NOT PURCHASE THE PRODUCTS. WHEN USED IN THIS AGREEMENT, THE WORDS “YOU,” “YOUR” AND “YOU” MEAN THE PERSON THAT IS PURCHASING THE PRODUCTS AND THE WORDS “WE,” “OUR,” “US” AND “SKIN CHEMISTRY” MEAN SKIN CHEMISTRY.
1.1. Each purchase is for an individual purchase or subscription to skin care products for the period specified in the Order (“Products”).
1.2. Products are sold to you solely for your personal use. You may not resell, transfer or otherwise commercially exploit Products.
1.3. Your subscription for Products will automatically renew, unless you opt out. We will send you an email notice at your email address on record three (3) days before your next shipment with an opportunity to opt out of renewal.
1.4. Please keep a record of when your subscription term ends and the next shipment date. You are responsible for timely opting out of renewing your subscription regardless of whether you receive any notice from us.
1.5. You may, through your online account: (a) Cancel your subscription.
2.1. You will be required to create a unique (“Password”) that will be required to order Products. You may only purchase Products using your assigned Password, and may not purchase Products using the Password of any other person.
2.2. You may not make your Password available to others, nor allow purchase of Products by others through your Password. You agree to accept sole responsibility and liability for maintaining the confidentiality of your Password, for restricting access to your Password and for all purchases, whether authorized or unauthorized, of Products under your Password.
2.3. Your completion of a registration or an order form (an “Order”) creates no contractual or other obligation on our behalf. Any such obligation will only be created by our acceptance of each order, which will be solely within our discretion. WE RESERVE THE RIGHT TO REJECT ANY ORDER. You will be solely responsible for the accuracy and truthfulness of the information you provide in your registration and any Order. We will be entitled to rely on any and all such information.
2.4. In order to purchase Products, you will be required to represent either that (i) you are eighteen (18) years of age or older or (ii) if you are under eighteen (18) years of age, the parent or guardian named in your registration has consented to your purchase of Products and agreed to be responsible for your purchase of Products.
2.5. We will, and you expressly authorize us to, use the information you provide in your registration and any Order to: (a) process Orders including, without limitation, processing payments and communicating with you about the status of your Order and (b) communicate with you about other products we offer or other topics we think you might find of interest.
3.1. We will charge the total price specified in the Order to the credit card or Paypal account specified in the Order. All payments will be made in United States dollars.
3.2. If we are unable to bill charges in the manner designated in your Order, we will promptly notify you at the e-mail address specified in your Order and will suspend the processing of your Order until you pay the charges through some other means. If you have not paid outstanding charges within forty-eight (48) hours of notice your Order will be canceled.
3.3. You will be responsible for and will pay all applicable sales, value added use or similar taxes if any, imposed by taxing authorities by reason of the sale and delivery of products herein provided.
3.4. Any merchandise, coupons, offers, products or services offered to you through links to the Site are provided by third parties who are not affiliated with Skin Chemistry.
4. Proprietary Rights
4.1. Skin Chemistry and any other trademarks used with the Products are trademarks of Skin Chemistry and the Products and the trade dress and packaging of Products are protected by trademark and copyright law. All rights reserved.
4.2. The composition of the Products is proprietary to Skin Chemistry and protected by trade secret law. You may not reverse engineer or otherwise seek to determine the composition of any Products.
5.1. All Sales are final. If you are dissatisfied with the Product please contact us. Refund requests must be made directly to Skin Chemistry at firstname.lastname@example.org. All refund requests must be made within thirty (30) days of the date of delivery by Skin Chemistry.
5.2. We may refund 50% of the amount paid for your most recent month of service (less any shipping and handling costs and fees related to the original purchase, which are non-refundable) to the credit card or Paypal account you used to make the original purchase and provide you instructions on returning the product. Notwithstanding the foregoing, Skin Chemistry does not control when a specific credit card company processes a credit transaction. You are responsible for contacting your credit card company if you have questions about the status of the credit.
5.3. If you have made excessive returns, as determined by us in our sole discretion, we reserve the right to reject further refund requests or Orders.
6. Disclaimer and Limitations
6.1. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS (A) PRODUCTS ARE PROVIDED AS IS AND AS AVAILABLE AND (B) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL WARRANTIES, WRITTEN OR ORAL, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
6.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6.3. OUR LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO ANY PRODUCTS WILL NOT EXCEED THE FEES ACTUALLY PAID TO US FOR THE PRODUCT.
7. Governing Law & Jurisdiction
This Agreement will be governed by and construed under the laws of the State of North Carolina, without giving effect to principles of conflicts of law. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to this Agreement. You consent to the exclusive jurisdiction of the state and federal courts in Raleigh, North Carolina in order to settle any claim, action or controversy arising out of or related to this Agreement.
TERMS OF SERVICE
Please Read Carefully
By accessing this site (the “Site”), you agree to the following Terms of Service. If you do not agree, you should exit the site and not use it further. Skin Chemistry reserves the right to revise these Terms at any time by updating this posting, and also to modify or terminate any products, services or features on the site at any time. All products, services or features available on or through this Site are subject to these Terms of Service, including but not limited to the EXCLUSION OF WARRANTIES and Limitations of Liability below.
By signing up for our mailing list or a product purchase or subscription, you represent, acknowledge and agree that you are at least the age of majority in your jurisdiction of residence. If you are a parent or legal guardian who is registering on behalf of a minor, you hereby agree to bind said minor to this Agreement and to fully indemnify and hold harmless Skin Chemistry if said minor breaches or disaffirms any term or condition of this agreement.
Limitations on Use
You may browse the site, and you may download material displayed on the site, all for non-commercial, personal use only. You may not remove any copyright, trademark or other proprietary notices from materials you download. Nor may you distribute, modify, transmit, reuse, re-post, or use any material from the site for public or commercial purposes. These limitations apply to all material on the site, including but not limited to the text, computer code, images, audio and video. Any use contrary to these limitations is a violation of the intellectual property rights of Skin Chemistry and/or its contributors. Unless otherwise noted, all material on the site is copyrighted. Copyright violation is a serious offense, punishable by civil and criminal penalties.
Product Returns - see Terms of Purchase (above)
Limitations on Liability
Skin Chemistry uses reasonable efforts to include accurate and up-to-date information on the site, but makes no warranties as to its accuracy. Skin Chemistry has not reviewed any sites linked to the site and is not responsible for the content of any off-site pages or any sites linked to the site. Your access to, and use of, the site, including your linking to any other off-site pages or other sites, are at your own risk.
Any merchandise, coupons, offers, products or services offered to you through links to the site are provided by third parties who are not affiliated with Skin Chemistry. Skin Chemistry does not endorse any third-party sites or any offers available through any such sites. Skin Chemistry has no responsibility for any transactions and communications between you and any third party, including but not limited to any personal information you may choose to provide to any third party.
Exclusion of Warranties
EVERYTHING ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, SKIN CHEMISTRY DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF ANY PRODUCTS, SERVICES, FEATURES, INFORMATION OR ADVICE ON THE SITE, AS WELL AS FOR ANY SUCH ITEMS OR OTHER CONTENT AVAILABLE THROUGH ANY LINKS TO THE SITE.
Neither Skin Chemistry nor any other party involved with the site shall be liable for any direct, indirect incidental, consequential, or punitive or other damages or losses of any kind whatsoever arising out of your access to, or use of, the site, including but not limited to any failure of performance, error, omission, interruption, defect or computer virus, or the deletion, failure to store, misdelivery or unavailability of any information, material, products, services or features, even if advised of the possibility of such damages or losses. Skin Chemistry’s maximum liability to you for all claims, including but not limited to negligence, shall in no event exceed the amount you paid to Skin Chemistry for any products or subscriptions for which you acquired through this site. By using the site, you agree to release and hold harmless Skin Chemistry, its affiliates, officers, directors and employees from any and all claims, demands, damages, costs and expenses of any kind whatsoever relating in any way to use of the Site or any materials downloaded from this Site.
Some jurisdictions do not allow the exclusion of implied warranties or certain forms of damages, so some of the above exclusions may not apply to you.
By submitting to us any Submissions, you agree as follows:
The Submissions are your own. You did not copy them from anyone else. You have the right to submit them to us for publication.
We shall have the right to post (or to elect not to post) the Submissions on the site, and to modify them in any way we deem appropriate, either before or after posting.
Our right to use the Submissions is royalty-free (that is, without payment to you), and extends to all media, whether now existing or later discovered, including but not limited to print, film, electronic, etc. (not limited to our site). This permission is non-exclusive, permanent, irrevocable and worldwide.
You must include your name and e-mail address with any submission so we can contact you with any questions. Your name (but not your e-mail address) will be posted with the Submissions on the site and any other media in which we publish the Submissions. If you object to any modification(s) we make to the Submissions, you may request to have your name removed from any later publications.
Skin Chemistry is not responsible for any content, advice or information furnished or posted by members or other third parties, including but not limited to postings on any bulletin boards, chat rooms, member tips, or other spaces that invite submissions.
The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the site, are the Trademarks of Skin Chemistry, except as otherwise noted. All other Trademarks, publicity rights and other rights are the property of their respective owners. You do not have any license or right, by implication, estoppel, or otherwise, to use any Trademark, image or other material displayed on the Site without the written permission of Skin Chemistry or the third party that may own the relevant material.
Intellectual Property Infringement Claims
Skin Chemistry will respond as quickly as practical to any claims that infringing material appears on the site, including investigating any such claims and taking any appropriate action under applicable laws. If we receive a notice of infringement in accordance with the Digital Millennium Copyright Act (the “Act”), we will take steps to remove or disable access to the allegedly infringing material, including any links thereto. We may terminate access for any person who is a repeat infringer. Notices of alleged infringement should be sent to:
Attention: Registered Copyright Agent (email@example.com)
8480 Honeycutt Rd.
Raleigh, NC 27615
If we remove or disable access to any allegedly infringing material, we may attempt to contact the person who has posted that material to give that person a chance to respond. If there is a response, we will share it with the party who originally complained about the alleged infringement, and will give that party an opportunity to seek a court order or other judicial relief in accordance with the Act before we replace or restore access to the allegedly infringing material.
Skin Chemistry reserves the right to pursue any and all legal and equitable remedies against anyone violating these Terms and Conditions, including but not limited to terminating access to the site. Any failure by Skin Chemistry to enforce any of its rights hereunder shall not be deemed a waiver of such rights or of any other rights.
These terms and conditions are governed by the laws of the State of North Carolina, without regard to principles of the conflicts of laws, and may not be modified except as expressly stated herein. Any disputes relating hereto or to any use of this Site shall be resolved exclusively in the State or Federal Courts located in the State of North Carolina, and you and Skin Chemistry both consent to the jurisdiction of such courts for any such disputes. Unless otherwise specified, this site is made available only to provide information about Skin Chemistry and its products and services. Skin Chemistry controls and operates this site from its headquarters in Raleigh, North Carolina, USA, and makes no representation or warranty that materials in the Site are appropriate or available for use in any other jurisdictions. If you use this Site from elsewhere, you are responsible for compliance with all applicable local laws.