Terms and Conditions of Purchase
Last Updated: September 8th, 2020
THESE TERMS AND CONDITIONS OF PURCHASE (“PURCHASE TERMS”) CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM SKYN, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE PURCHASE TERMS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE PURCHASE TERMS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE PURCHASE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH SKYN, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
These Purchase Terms apply to the purchase and sale of products and services through skyn.io (the “www.skyn.io“). These Purchase Terms are subject to change by Skyn Aesthetics Group, LLC, a Delaware limited liability company (referred to as “Skyn”, “us”, “we”, or “our” as the context may require), without prior written notice at any time, in our sole discretion. Any changes to the Purchase Terms will be in effect as of the “Last Updated” date referenced on the Website. You will be notified via e-mail and/or prominent notice on the Website for 30 days of any material change in these Purchase Terms. You should review these Purchase Terms prior to purchasing any product or services that are available the Website. Your continued use of any service offered through the Website after the “Last Updated” date will constitute your acceptance of and agreement to such changes.
- Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Purchase Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion.
- Prices and Payment Terms.
- All prices, discounts, and promotions posted on the Website are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
- We may offer from time to time promotions that may affect pricing and that are governed by terms and conditions separate from these Purchase Terms. If there is a conflict between the terms for a promotion and these Purchase Terms, the promotion terms will govern.
- Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept all major credit cards for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges, if any, and all applicable taxes, if any.
- In the event you are provided an amortized payment option, you will be responsible for paying an initial deposit in the amount of fifty percent (50%) of the aggregated purchase total including a payment plan fee in the amount of sixteen point nine percent (16.9%) of the subtotal. The remaining balance, together with any payment of applicable interest thereon, will be paid in four (4) equal bi-weekly installments commending on the first monthly anniversary of your purchase date, or such other payment schedule as may be agreed to by Skyn in writing, which schedule will be incorporated herein. Skyn reserves the right to change the payment schedule at its discretion upon notice. If for any reason your payment is declined, you will provide an alternative, valid payment method.
- You acknowledge that you may be assessed fee(s) charged to Skyn for any and all defaulted or declined payments.
- You accept responsibility for all recurring charges and acknowledge that: (i) a late fee in the amount of $25 may be assessed if a scheduled payment is missed or declined; (ii) you will not receive your course certification until completion of all amounts dues to Skyn; (iii) access to and use of any Skyn course may be suspended or terminated upon any late or declined payment; (iv) Skyn reserves the right to report delinquent payments to credit agencies and collections agencies, and you are responsible for all costs associated therewith, including attorney’s fees; (v) all delinquent payments will bear interest on the past due amount at the rate of 11.9% per month calculated daily and compounded monthly or, if lower, the highest rate permitted under applicable law; and (vi) Skyn may accelerate all amounts due in the event of a missed or declined payment.
- Shipments; Delivery; Title and Risk of Loss.
- We will arrange for shipment of the products to you. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order. Orders over $50 in the United States are eligible for free standard shipping. Expedited shipping may be purchased at checkout. Products are shipped the same or next day with 2-3 business day shipping. If a product is on backorder we will do our best to make the delay and approximate ship date known.
- Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any theft, damage, loss or delays in shipments.
- Returns and Refunds. WE OFFER NO RETURNS OR REFUNDS ON: (1) ANY PRODUCTS ONCE THEY HAVE BEEN SHIPPED; OR (2) SERVICES ONCE YOU HAVE LOGGED INTO A COURSE. ALL SALES ARE FINAL. If you have concerns about your products or services you have received or any of the products or service, please email us at firstname.lastname@example.org. We will work with you to address your concerns.
- Warranty Disclaimer. ALL PRODUCTS AND SERVICES OFFERED ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
- Limitation of Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE PURCHASE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR WEBSITE.
The limitation of liability set forth above shall only apply to the extent permitted by law.
- Not for Resale or Export. You represent and warrant that you are buying products or services from the Website for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the United States.
- Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Purchase Terms, for any failure or delay in our performance under these Purchase Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic or pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
- Governing Law and Jurisdiction. This Website is operated from the United States. All matters arising out of or relating to these Purchase Terms are governed by and construed in accordance with the internal laws of the State of Arizona without giving effect to any choice or conflict of law provision or rule (whether of the State of Arizona or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Arizona. Any legal suit, action or proceeding arising out of or relating to these Purchase Terms shall be instituted in the federal courts of the United States of America or the courts of the State of Arizona in each case located in the City of Phoenix and County of Maricopa, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding.
- Assignment. You will not assign any of your rights or delegate any of your obligations under these Purchase Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Purchase Terms.
- No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Skyn.
- No Third-Party Beneficiaries. These Purchase Terms do not and are not intended to confer any rights or remedies upon any person other than you.
- To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
- To Us. To give us notice under these Purchase Terms, you must contact us by personal delivery, overnight courier, or registered or certified mail to 522 N CENTRAL AVE #13150, PHOENIX, ARIZONA 85004. We may update address for notices to us by posting a notice on the Website. Notices provided by personal delivery will be effective immediately. Notices provided by registered or certified mail will be effective three business days after they are sent.
- Severability. If any provision of these Purchase Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
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