Last updated October 30, 2019 GENERAL TERMS & CONDITIONS 

Welcome to the webshop www.skinergetics-swiss.com. These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and Skinergy Inc. ("Company", "we", "us", or "our"), concerning your access to and use of the https://www.skinergetics-swiss.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Site"). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY. Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. In order to purchase Products through the Webshop, the Customer must: (i) be at least 18 years old; the purchase by minors must be approved by their legal representatives; (ii) be a consumer, that is to say, a natural person acting for private purposes outside his or her commercial, business, or professional life; and (iii) have a valid credit card or Stripe Account. If Customer does not meet the aforementioned criteria or if we have reason to believe that Customer uses incorrect information, we reserve the right to disable, block or delete Customer's account at any time without having to justify our decision 

2. INTELLECTUAL PROPERTY RIGHTS 

2.1 Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site "AS IS" for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. 

2.2 Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks. 

3. USER REPRESENTATIONS 

3.1 By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation. 

3.2 If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). 

4. USER REGISTRATION 

4.1 You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. 

4.2 We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable. 

5. PROHIBITED ACTIVITIES 

5.1 You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the Site, you agree not to: - Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us. - Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses. - Use a buying agent or purchasing agent to make purchases on the Site. - Use the Site to advertise or offer to sell goods and services. - Engage in unauthorized framing of or linking to the Site. - Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein. - Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords. - Make improper use of our support services or submit false reports of abuse or misconduct. - Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools. - Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site. - Attempt to impersonate another user or person or use the username of another user. - Sell or otherwise transfer your profile. - Use any information obtained from the Site in order to harass, abuse, or harm another person. - Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise. - Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site. - Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site. - Harass, annoy, intimidate, or threaten any of our employees or agents engaged in p providing any portion of the Site to you. - Delete the copyright or other proprietary rights notice from any Content. - Copy or adapt the Site's software, including but not limited to Flash, PHP, HTML, JavaScript, or other code. - Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site. - Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms"). - Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software. - Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site. - Use the Site in a manner inconsistent with any applicable laws or regulations. 

6. SUBMISSIONS 

6.1 You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. 

6.2 We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. 

 6.3 You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. 

6.4 You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions. 

7. ORDER PROCESS 

7.1 The Customer is guided through the order process by simple instructions in the Webshop. 

7.2 To place an order, please enter the number of products you wish to order and to add the selected products to the shopping cart. 

7.3 Please follow the instructions on the screen to complete the order. You can always correct errors in entered data or modify the contents of the shopping cart by adding one or more products to the shopping cart or deleting them. You can also delete the whole order when completing the order, as long as you have not yet submitted your order. By submitting your order, you confirm to have read all instructions during the order process and to accept and agree with these Terms and Conditions. The order on the Webshop takes place by clicking the "order with obligation to pay" button at the end of the order process. 

7.4 By submitting your order at the end of the order process by clicking the "order with obligation to pay" button, Customer makes a legally binding offer to conclude a purchase contract for the products in the shopping cart. 

7.5 Upon completion of the order, an order confirmation page will appear and you will shortly receive an e-mail confirming receipt of your order. This order confirmation e-mail contains a summary of the Terms and Conditions, information on the characteristics of the products ordered, a detailed list of prices and terms of payment, information on the delivery fees, the address for complaints, information on customer service and applicable warranties. The confirmation of the receipt of your order does not represent a legally binding declaration of acceptance of your offer to conclude a purchase contract for the products by Skinergy Inc. 

7.6 The purchase contract for the products between Customer and Skinergy Inc. is only concluded by a declaration of acceptance by Skinergy Inc. Such a legally binding declaration of acceptance is either done by sending you a shipping confirmation by e-mail or by dispatching the ordered products to you, whichever occurs sooner. 

7.7 If you do not receive an order confirmation e-mail within 24 hours of completing the order, please contact us at 1(646)897-2432 and/or orders@skinergetics-swiss.com for assistance. 

7.8 If you have any questions or concerns with the order or if you need information about an earlier order, please contact us at 1(646)897-2432 and/or FAQ@skinergetics-swiss.com Please have your customer number ready. 

8. TERMS OF DELIVERY 

8.1 Generally, the products are shipped within a few days of receiving the order. The estimated delivery date for the ordered products is shown during the order process and in the order confirmation e-mail. However, the estimated delivery date is indicative only and may change at any time. 

8.2 Subject to clause 8.3, if delivery is delayed, Customer is entitled to withdraw from the contract (with the exception of special orders) as of the 30th calendar day from the originally scheduled delivery date shown in the order confirmation e-mail. In such an event, Skinergy Inc. will refund the Customer any amount paid in advance. Customer shall not be entitled to claim any compensation for damages. 

8.3 Skinergy Inc. shall not be held liable for delays in delivery which are not the result of circumstances under Skinergy's Inc. control, e.g. delays resulting from force majeure, traffic congestion, adverse weather conditions, unexpected seizure by customs officials, etc. In cases of this kind, the Customer shall not be entitled to claim compensation for damages or to withdraw from the purchase agreement. 

8.4 Ordered products are delivered at the Customer's expense. The delivery and packaging costs are shown separately before conclusion of the order and on the invoice. 

8.5 The risk to the ordered products shall pass to the Customer at the time the ordered products are handed over by Skinergy Inc. to the postal operator, forwarding agent, carrier or other persons assigned to transport the ordered products. 

9. INSPECTION OF PRODUCTS 

9.1 The Customer is obliged to check the products for completeness and condition immediately upon receipt. Any complaints in relation to quality, specifications, defects or completeness of the products must be notified to Skinergy Inc. without undue delay, and in no case later than 48 hours after delivery, or the products shall be deemed to have been accepted. 

9.2 Skinergy Inc. shall not be held liable for transport damage or any damage caused by improper storage of the products after acceptance of the delivery by the Customer or his/her agents. 

10. RETURNING NON-DEFECTIVE PRODUCTS 

10.1 Skinergy Inc. is committed to providing the best products available to our Customers. If the below- received products nevertheless do not correspond to your requirements, you are, subject to the listed limitations, entitled to a 14-day right of cancellation and return from the day of receipt, whereby you do not have to give reasons for this. 

10.2 Excluded from the aforementioned right of cancellation and return are sealed products, which are not suitable for return due to health protection or hygiene reasons, if such sealed products were unsealed after delivery. 

10.3 If you wish to exercise your right of cancellation and return, you can notify us by phone at 1(646)897-2432 or e-mail at returns@skinergetics-swiss.com stating your customer information, in particular the customer number, order number and the description of the products to be returned. Our customer service will subsequently send you information about the return process. 

 10.4 If you return the products to us for reasons other than product defects, incomplete or faulty delivery, you are obliged to dispatch the products and pay for the return shipment. Products can only be returned in their original condition and in their original packaging. 

10.5 If you exercise your right of cancellation and return, we will refund you the full price of the products in question within 14 days of withdrawal if the products are returned to us unused and undamaged within 14 days of delivery and if the products treated with all due care. Refunds are made in the same payment method used by you to pay the returned products 

11. WARRANTY 

11.1. If the ordered products are defective at the time of the passing of the risk and such defects are promptly notified by Customer, Skinergy Inc. shall either provide a partial or full replacement with an equivalent product, replacing the product, providing a refund at current price (no more than the sales price at the time of the original order), or give a price reduction. No other rights or remedies shall be available. All warranty rights become time-barred two years after delivery of the ordered products to the Customer, even if the Customer does not discover the defects until later. 

11.2 Warranty is excluded if products have been accepted by the Customer, either explicit or in accordance with clause 9.1 of these Terms and Conditions. 

12. PAYMENT TERMS 

12.1 The payment of the purchase is generally possible either by credit card, Stripe, or electronic bank transfer. However, Skinergy Inc. reserves the right, in its sole discretion, to alter the methods of payment and not to offer all Customers all of the aforementioned modes of payment. 

12.2 By paying with a credit card Customers confirms to use a valid credit card. Payments by credit c card are debited immediately by clicking the "order with obligation to pay" button. 

12.3 In case of an electronic bank transfer, the payment has to be made in advance via a bank transfer to the provided bank account number. Customer will receive information regarding the bank account number in the order confirmation e-mail. 

12.4 All ordered products remain the property of the Skinergy Inc. until payment is received in full. Skinergy Inc. is entitled to make an entry in the register for reservation of ownership. Without the express consent of Skinergy Inc., no pledging, transferring of security, processing or modification is permitted prior to transfer of ownership. 

12.5 Orders with a delivery address outside of Switzerland, must be paid in advance by credit card or electronic bank transfer. The ordered products will only be shipped after payment has been received. 

13. THIRD-PARTY WEBSITES AND CONTENT The Site may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("ThirdParty Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any ThirdParty Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the ThirdParty Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites. 

14. SITE MANAGEMENT We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site. 

15. PRIVACY POLICY We care about data privacy and security. By using the Site, you agree to be bound by our Privacy Policy posted on the Site, which is incorporated into these Terms of Use. Please be advised the Site is hosted in the United States. If you access the Site from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children's Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical. 

16. TERM AND TERMINATION These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. 

17. MODIFICATIONS AND INTERRUPTIONS We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site. We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith. 

18. GOVERNING LAW These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of New Jersey applicable to agreements made and to be entirely performed within the State of New Jersey, without regard to its conflict of law principles. 

19. DISPUTE RESOLUTION Any legal action of whatever nature brought by either you or us (collectively, the "Parties" and individually, a "Party") shall be commenced or prosecuted in the state and federal courts located in Bergen County, New Jersey, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non convenient with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use. In no event shall any claim, action, or proceeding brought by either Party related in any way to the Site be commenced more than two (2) years after the cause of action arose. 

20. CORRECTIONS There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice. 

21. DISCLAIMER THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. 

22. LIMITATIONS OF LIABILITY 

22.1 Liability is based on the applicable legal provisions. However, in no event shall Skinergy Inc. be liable for (i) slight negligence, (ii) indirect and consequential damage and subsequent damage and loss of profit, (iii) unrealized savings, (iv) damage resulting from delivery delay, or (v) any acts and omissions on the part of auxiliary persons of Skinergy Inc., be this contractual or noncontractual. 

2.2 Moreover, Skinergy Inc., is not liable for damage resulting from the following causes: (i) storage or use of products that is improper, unlawful or contrary to contract; (ii) force majeure, particularly natural hazards, moisture, shock and impact etc. that are not caused by Skinergy Inc. IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE ONE (1) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. 

23. NO MEDICAL ADVICE -This Webshop may contain information on various health conditions, medical issues and fitness topics as well as on the respective treatment measures. Information of this nature should not replace the instructions of a doctor, physician or other healthcare professional. The information contained herein should not be used to diagnose a medical or medical condition or illness. In such cases you must always consult a doctor, physician or other healthcare professional or seek medical advice. As with any other printed material, the information may become obsolete over time. It is imperative that the advice of a doctor, physician or other healthcare professional is always sought in order to arrive at an appropriate clinical assessment of the specific condition/s of individual patients 

24. INDEMNIFICATION You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it. 

25. USER DATA We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data. 

26. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means. 

27. CALIFORNIA USERS AND RESIDENTS If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254. 

28. MISCELLANEOUS These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use. CONTACT US In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at: 

Skinergy Inc. 19 Marquis Court Edgewarer, NJ 07020 United States Phone: (+1)646-897-2432  info@skinergetics-swiss.com