CAREFULLY READ AND UNDERSTAND THESE TERMS BEFORE ORDERING ANY PRODUCT THROUGH THIS WEBSITE.
IT IS STRONGLY RECOMMENDED THAT YOU REVIEW THIS DOCUMENT
IN ITS ENTIRETY BEFORE ASSENTING TO THE STIPULATIONS CONTAINED HEREIN.
These terms and conditions apply to ALL transactions made on or through this Website. This Agreement is intended to be governed by the Uniform Electronic Transactions Act (“UETA”) and the Electronic Signatures in Global and National Commerce Act (“ESGNCA”). These laws govern interstate commerce. It is suggested that you print this form for your personal records.
By placing an order with us, you will be deemed to have read, understood, and agreed to these Terms and Conditions of Use (collectively, “Terms”). If you do not agree to be bound by these Terms, you may not access or use the Website, or purchase any Product(s) through the Website. By accessing, using or ordering Product(s) through the Website, you affirm that you have read this Agreement and understand, agree and consent to all Terms contained herein.
Your agreement to pay for any Products ordered from Company as explained below shall act as good consideration for receipt of said Products. You manifest your agreement to the terms and conditions in this document by any act demonstrating your assent thereto, including clicking any button containing the words “I agree” or similar syntax, whether you have read these terms or not.
Dermaset accepts debit cards, credit cards, prepaid cards, and gift cards for purchases of Dermaset.
You may return an unopened package of a Dermaset order as long as it is received by Company within three (3) weeks from the date of your receipt, as reflected by USPS tracking information. Please contact our Customer Care department at 1-855 936-8700, email firstname.lastname@example.org, or visit us online at dermasetskincare.com, uk.dermasetskincare.com, ca.dermasetskincare.com, au.dermasetskinare.com, depending on your location.
4. Price Reduction:
Company reserves the right to reduce pricing without prior notice to you. For your convenience and benefit, Company may temporarily reduce the price of your order for promotional purposes, or to ensure that your purchase order transaction is capable of being processed by your credit card company or processor.
4.1 Shipping; General:
When we ship the Product to you, our Standard priority mail service is shipped via the combined services of the United States Postal Service and United Parcel Service. With our Expedited Priority Processing Option (if available), we will make your shipment our priority and ship your package out the same day for all orders placed before 1PM EST and the next day for all orders placed after 1PM EST (packages should arrive within seven to ten (7-10) business days depending on location. Please note that shipments are not sent out on Saturdays, Sundays, or any Holidays. We do not guarantee arrival dates or times.
4.2 Shipping; Tracking, Notifications.
Dates of receipt and shipping updates will be tracked using USPS Tracking publicly and www.stamps.com internally. The Website also contains tracking information if you provide your order number. USPS Tracking information is only stored for sixty (60) days. Verification of delivery through either tracking service will act as de facto proof of delivery. You may request a copy of tracking records from Company if USPS Tracking has expired. You may also receive tracking updates about your order via SMS through the phone number you provide. The “Track Your Package” link on the Website may be utilized at your discretion in order to keep yourself updated on the status of your order’s delivery. Dermaset is not liable for any sent packages that are stolen, lost, or damaged, whether before or after date of delivery, though Company does retain the right to offer replacement deliveries, discounts or other offers at its own discretion if notified by you within a reasonable timeframe, also to be determined by Company.
5. Return Address:
Returned Products must be sent to the following address:
“215 South 21st Ave. Hollywood, Fl 33020”
We are not responsible for lost or stolen packages. We recommend all returned items to be sent using some type of third party delivery confirmation system to ensure proper delivery. Confirmation of successful delivery via tracking information provided by you to Dermaset will result in your return being processed as if it was ordinarily received.
6. Timeframe of Issuing of Refunds:
Refunds will be issued as a credit to your form of payment that was originally billed or refunds will be issued via check, mailed to the customer’s address on file. If eligible, refunds are processed within 1 to 2 business days from the date requested then approved. Refunds take between 1 to 5 business days to post to your account or to receive the check via mail. A refund receipt will be emailed to customers address on file as confirmation of a refund..
7. Billing Errors:
If you believe that you have been billed in error, please notify our Customer Care Department at 1-855 936-8700 or please visit us online at dermasetskincare.com, uk.dermasetskincare.com, ca.dermasetskincare.com, au.dermasetskinare.com, depending on your location, immediately. The Fair Credit Billing Act (“FCBA”) stipulates that you have 60 days from the date you receive your bill or statement to inform us in writing, and that Dermaset must respond to said writing within 30 days of receipt acknowledging or denying the error. If we do not hear from you within 60 days after such billing error first appears on any account statement, the billing will be deemed accepted by you for all purposes, including resolution of inquiries made by your credit card issuer. You are deemed to have released Company from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to Company within sixty (60) days of its appearance on your credit card account statement.
It is our Company mission to provide our customers with the finest Products available. We believe in the efficacy of the Products we sell. You understand, however, that the statements on the Website, promotional materials and the Product have not been evaluated by the United States Food and Drug Administration, and the Product is not intended to diagnose, treat, cure or prevent any disease. The information provided by our Websites or this Company is not a substitute for a face-to-face consultation with your health care professional and should not be construed as individual medical advice. Individual results will vary. We want you to have the most accurate information concerning the Product. The information we communicate to you about the Product and/or its efficacy is obtained from independent third parties such as educational institutions, scientific and news articles and agencies, nutritional specialists, scientific reports and researchers
(“Information Sources”). We do not warrant or represent that Information Sources are not error-free, nor do we warrant any Information Source or the methods that they use to arrive at their conclusions. All Product specifications, performance data and other information on our Websites are for informational and illustrative purposes only, and do not constitute a guarantee or representation that the Product will conform to such specifications or performance data.
We do not guarantee that you will have any specific or particular result or benefit from the Product, or that your experience will match those of others who use the Product. Individual results will vary from person to person.
9. Customer Representations:
You represent that you are at least 18 years of age and that you will not permit a person under 18 to order, or use, the Product. You represent that the information provided by you when placing your order is up-to-date, materially accurate and sufficient for us to fulfill your order in a timely and efficient manner. You are responsible for maintaining and promptly updating your account information with us and keeping such information (and any passwords given to you for the purposes of accessing the Website and/or purchasing Products) secure against unauthorized access. Unless agreed otherwise or required by applicable law, any warranties provided in relation to the Product only extend to you on the understanding that you are a user, and not a reseller, of the Product. You shall not re-sell, re-distribute or export any Product that you order from the Website.
You agree to pay for the Product and any taxes, shipping or handling of Product as such costs are specified by us on the Website when you submit your purchase order. Payment shall be made prior to delivery and by such methods as indicated on the Website (and not by any other means unless we have given our prior consent to such alternative payment methods).
10. Liability Limitation:
To the maximum extent legally permitted, whether or not Company was aware or advised of the possibility of damages, and whether or not the limited remedies provided herein fail of their essential purpose, our aggregate liability (whether for breach of contract, tort, or any other legal theory) shall in no circumstances exceed the cost of the products your ordered. Further, under no circumstances shall we be liable for special, incidental, indirect, or consequential damages, lost profits, lost revenue, or cost of cover. The Products are sold and delivered to you “As Is” with no warranty whatsoever except as expressly stated otherwise in this Section. We make no express warranties or representations and we disclaim all implied warranties and representations, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
You agree to defend, indemnify, and hold harmless Company, its officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from your misuse of the Website, or your breach of any of these terms and conditions of this Agreement. We shall promptly notify you by electronic mail of any such claim or suit, and cooperate fully (at your expense) in the defense of such claim or suit. If we do not hear from you promptly, we reserve the right to defend such claim or suit and seek full recompense from you.
12. Class Action Restriction:
You must resolve disputes against Dermaset on a sole individual basis. You are barred from bringing a claim in a class action suit or participate as a member of a class action suit brought against Dermaset. You may not consult with or collaborate with any potential or ongoing arbitration action.
13. Jury Trial Waiver:
To the maximum extent permitted by law, you waive your right to a jury trial in regard to any and all claims arising from under any provisions of this agreement or any contractual or tort actions. It is acknowledged that If any portion of this paragraph or agreement is deemed currently unenforceable under relevant valid law, they are deemed to apply should any law be altered to allow enforceability. Whether you as a customer decide to make use of our website or not, the agreement and all its provisions remain in effect and are unaltered.
We reserve the right to terminate your access to or use of this Website and/or your subscription to the Product should we believe that you have violated any of the terms of this Agreement or if we believe you have sought, in bad faith, charge backs, credit backs, Product returns, discounts or any other conduct designed to injure, harass or disrupt this Website or the Company’s business operations.
We reserve the right, but undertake no obligation, to actively report and prosecute actual and suspected credit card fraud. We may, in our discretion, require further authorization from you such as a telephone confirmation of your order and other information. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. We capture certain information during the order process, including time, date, IP address, and other information that will be used to locate and identify individuals committing fraud. If any Web Site order is suspected to be fraudulent, we reserve the right, but undertake no obligation, to submit all records, with or without a subpoena, to all law enforcement agencies and to the credit card company for fraud investigation. We reserve the right to cooperate with authorities to prosecute offenders to the fullest extent of the law. We reserve the to pursue civil action to recoup financial losses as a result of any fraudulent activity.
16. Intellectual Property Rights:
Dermaset, Dermasetskincare.com, and other Dermaset graphics, logos, and other related images are copyrighted and trademarked property of Company. The Website contains information, data, graphics, photos, video, text and other material (“Content”) that are protected by copyright and trademark rights. The Website, and all content appearing therein, are the sole and exclusive property of the Company or its licensors. No license or ownership rights in or to any content of the Website are conveyed to you by reason of this Agreement or your purchase of Product. Unless otherwise permitted by law, you may not copy, modify, republish or transmit any portion of the Website for any purpose without Company’s prior written consent.
* Governing Law. This Agreement and all disputes or issues arising from it shall be governed exclusively by the laws of the State of Florida, without regard to choice of law or conflict of law principles. The sole and exclusive venue for any and all claims or causes of action arising from or related to this Agreement, or that are related in any manner to your purchase or attempted purchase of the Product(s), shall be the State or Federal Courts in Broward County, Florida.
* Overdraft fees. In the event of overdraft of customer’s account due to a charge for an original order or a reorder, the company is not liable for any customer’s overdraft fees.
* Assignment. This Agreement and the rights and liabilities of the parties hereto inure to the benefit of their respective successors and assigns. Company may assign this Agreement to any successor entity. Customer may not assign without the written permission of Company.
* Severability. If for any reason a court of competent jurisdiction or an arbitrator finds any provision of this Agreement, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of these Terms and Conditions will continue in full force and effect.
* Attorneys’ Fees. In the event any Party shall commence any claims, actions, formal legal action, or arbitration to interpret and/or enforce the terms and conditions of this Agreement, or relating in any way to this Agreement, including without limitation asserted breaches of representations and warranties, the prevailing party in any such action or proceeding shall be entitled to recover, in addition to all other available relief, its reasonable attorney’s fees and costs incurred in connection therewith, including attorneys’ fees incurred on appeal.
* No Waiver. No waiver of or by Company shall be deemed a waiver of any subsequent default of the same provision of this Agreement.
* Headings. All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of this Agreement.
* Complete Agreement. This Agreement constitutes the entire agreement between the parties with respect to your access and use of the Website and your ordering and use of the Product, and supersedes and replaces all prior understandings or agreements, written or oral, regarding such subject matters.
* Modifications. Company reserves the right to change any of the provisions posted herein and you agree to review these terms and conditions each time you visit the Website. Your continued use of the Website following the posting of any changes to these terms and conditions constitutes your acceptance of such changes. Company does not and will not assume any obligation to provide you with notice of any change to this document and you acknowledge and agree to same. Unless accepted by Company in writing, you may not amend these terms and conditions in any way.
18. Marketing and Promotional Contact:
By accessing the Website and providing your email address to Company, you agree to allow Company to enroll you in a mailing list. The mailing list may send you emails containing promotional material for marketing purposes. Such material may contain promotional codes offering discounts or other benefits, healthcare articles, or an invitation to provide feedback on Company’s Products and practices. Feedback may also be provided at your discretion via the “Give Us Your Feedback” link located on front page of the Website. The information you provide when accessing the Website, attempting to place an order, successfully placing an order, or providing feedback, will not be used in any other capacity and will never be provided to any third party except to further these promotional/marketing purposes, internal use by Company, advertising by Company. Should you wish to unsubscribe from the mailing list, there are links to do so contained in the emails you receive. Unsubscribing will permanently remove you from the mailing list.