Last updated October 30, 2019 GENERAL TERMS & CONDITIONS
2. INTELLECTUAL PROPERTY RIGHTS
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
3.2 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
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 firstname.lastname@example.org 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 email@example.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
11.1. 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.
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
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.
Skinergy Inc. 19 Marquis Court Edgewarer, NJ 07020 United States Phone: (+1)646-897-2432 firstname.lastname@example.org