Terms and Conditions
NOTICE: Before accessing or using products featured on this website, we urge you to read this “Terms and Conditions” content very carefully and thoughtfully before making your purchase.
1. CANCELING YOUR ORDER
Please note that it is solely your responsibility to notify us if your Skin Flow product order is not received in a timely manner or is in any way delayed due to circumstances beyond our control. Should you encounter a delay or problem related to delivery issues, contact our Customer Care department immediately at 855-382-6647 or emailing us at [email protected] to register your shipping-related concern.
1.1: How to cancel your Skin Flow product order
We want you to be so satisfied with your new skincare products that you continue to use them regularly, but if you are dissatisfied for any reason, notify our Customer Care department at 855-382-6647 immediately to talk with a Customer Care representative, or email us at [email protected] to cancel future shipments. Please be advised that if we have already shipped your product, changes in your account revert to our stated conditions and you are responsible for the product on order.
1.2 Skin Flow Beauty product shipping policy
Should you find yourself dissatisfied with your Skin Flow product and decide to cancel your subscription, you must do so. For your convenience, we will use the credit card number you provided at that time to cover this amount and whether or not you cancel your order in a timely manner, this amount will be charged to you. We invite you to call our Customer Care Department at 855-382-6647 to discuss disputed amounts or contact us by email at [email protected]
1.3 Notice of Price Reduction Policy
We reserve the right to reduce the price of any Skin Flow products and at any time without notifying you in advance. As always, call our Customer Care department if there is any aspect of this policy that you do not understand.
1.4 Ship Time Clarification
It takes one (1) business day to process an Skin Flow product order followed by an estimated ship time of between two and three (2 and 3) calendar days to reach you. Neither Sundays holidays are factored into this timeline, you may wish to observe an eleven (11) calendar day processing and shipping window. If you experience delivery delays, contact our Customer Service Department immediately at 855-382-6647 or email us at [email protected] to discuss your situation . We make every effort to grant reasonable requests related to shipment delays, but this extension is at the Company’s sole discretion.
2. GENERAL TERMS AND CONDITIONS ASSOCIATED WITH YOUR ORDER
I am agreeing to enroll in a monthly autoship program and i will be automatically sent a new supply at a cost of $142.97 every 30 days unless cancelled. By placing an order with us, you attest to having read, understood and agreed to the Terms and Conditions (collectively, Terms) as set forth in this statement. These terms and conditions apply to every transaction you undertake that is associated with this website and featured product. This agreement is governed and defined by the Electronic Signatures section of the Global and National Commerce Act, thus when you indicate your compliance with Terms and Conditions set forth within this language by clicking on a box appearing on any page that reads, “I Agree” or any similar declarative statement you indicate that you have read all of the terms associated with your transaction, whether or not you have actually read all or some of the language.
Further, by accessing the Website, you also declare that you have been apprised of all Terms and Conditions. For your protection, we urge you to print this document and keep it for your personal records so you may refer to it in the future. If you do not agree to be bound by these Terms and Conditions, you do not have permission to use or access this Website or purchase products via the site, therefore, understand that if you do access, use or purchase products online, you state that you understand, agree and consent to all Terms contained herein.
3. TEMPORARY PRICE REDUCTION
From time to time, the Company may find itself in a position to lower or reduce the price of an order a) for the benefit and convenience of customers, b) for promotional purposes or c) to make sure that the sales transaction into which you enter is supported by a third party financial resource like a credit card company or another financial entity. If the Company determines it will reduce a price for any of the aforementioned reasons, you will be billed at the reduced price until these conditions are met: a) The promotional period as set forth in the price reduction language ends or b) we receive confirmation from your credit card company or financial entity that payment is assured. Once either condition is met to the satisfaction of the Company, the original price will again be instituted as a default amount and we are under no obligation to notify you in advance that pricing has reverted to its regular amount. That stated, if your order is processed at the lower amount, a new billing cycle begins on the date on which the original price is restored and the next payment will be processed at that rate.
Should you become dissatisfied with Skin Flow products for any reason, contact our Customer Care department immediately 855-382-6647 or email us at [email protected]. Your order will be cancelled immediately and you are not required to return the product.
5. PRODUCT EXCHANGE POLICY
5.1 How to Exchange Your Order
If you are dissatisfied with your purchase because it has been subjected to shipping or product damage within 30 days of your original purchase, we will be happy to exchange it. Request a Return Merchandise Authorization (RMA) number from our Customer Care Department at 855-382-6647
1) We are unable to process, exchange or otherwise process packages marked “Return to Sender,”
2) Your account cannot be credited if you do not return it to the address specified at the end of this Terms and Conditions statement. Further, the RMA number must appear on the outer packaging of any returned product. Our shipping department is prohibited from accepting packages without RMA numbers on the outer packaging.
3)We are not responsible for any item that is lost or stolen during transit, which is why we strongly recommend that you use a reliable third party delivery confirmation system to ensure tracking and delivery compliance.
6. SHIPPING TERMS
Our product shipment protocols have been put into place to give you the best and fastest service. Your product is shipped on the same day the order is received as long as we receive it before 1 p.m. EST on weekdays. Orders placed after that time will be processed the following day. Your package(s) should arrive in two to three (2 to 3) business days, but we cannot guarantee the arrival date or time because once it leaves our warehouse, it is the responsibility of the carrier to deliver in a timely manner. NO SHIPMENTS ARE PROCESSED ON SATURDAY, SUNDAY OR HOLIDAYS.
7. BILLING ERRORS
It is your responsibility to check every statement you receive as soon as it arrives. If you believe that there is an error, it is imperative that you notify our Customer Care Department immediately at 855-382-6647 or via email at [email protected] If you wait to notify us after our 30-day return policy ends, you will have no recourse and the statement you receive will be deemed acceptable, for all intents and purposes, including credit card statement inquiry resolution disputes. If you fail to report credit card account statement errors or discrepancies within this window of time, you are deemed to have released the Company from all claims and liabilities associated with errors and discrepancies.
8. Representations; Disclaimers
The Company prioritizes customer satisfaction and product integrity; these are the foundations of our business. By reviewing this Terms and Conditions statement, you understand that we are not responsible for website content and promotional materials. Because the product has not received United States Food and Drug Administration (FDA) approval, you further understand that no products are intended to treat, diagnose, prevent or cure any disease or condition. For that reason, information provided on our website or by the Company cannot and does not substitute for consulting medical and health care professionals to diagnose or treat any condition that you have self-diagnosed. Further, you acknowledge that any marketing material associated with our products is not to be misconstrued as medical advice.
When our products are used, outcomes and results vary from person to person. Therefore, the information we provide about product and efficacy does not guarantee a result. This material is gleaned from third party information resources like scientific reports, nutritional specialists, educational institutions, scientific journals, articles and agencies within science and research communities. As such, we do not guarantee, warrant or represent research and information we broadcast and publish as being error-free, nor do we warrant information sources themselves, nor the conclusions they reach as a result of their research. The product specifications and performance data appearing on our marketing materials, website and other communications are for illustrative and informational purposes exclusively and constitute no guarantees or representations of guarantees that the product will conform to performance data or specifications.
In sum: We cannot and do not guarantee results or benefits as a result of using Company product and we cannot assure you that your experience will mirror that of others, since results vary from one person to another.
9. YOUR REPRESENTATIONS
Since this product is formulated for people over the age of 18, you represent that you are at least 18 and that you do not intend to allow anyone under that age to use, order or otherwise come into contact with this product. By placing your order, you attest to being at least 18 years old, that the information you provide is accurate, up-to-date and sufficiently detailed to enable the Company to fulfill and ship your order in a timely manner. Further, you acknowledge being responsible for all financial matters associated with your order, including promptly updating account information.
Further, it is your responsibility to keep and maintain proprietary data like passwords assigned to your account for the purposes of purchasing products and accessing the website and it is also your responsibility to protect and secure this data to prevent unauthorized access to your account. Should you not agree to abide by these specific Terms and Conditions, any warranties associated with your orders are null and void. As required by applicable law, you hereby understand and attest to being a user, not a reseller, of product and that any effort to re-sell, re-distribute or export product bought via the website is prohibited.
Further, you agree to be responsible for paying for the product, taxes, shipping, handling and other costs associated with your order that are stipulated by language on the website at the time your order(s) is placed. Payment is required before delivery and only by the approved third party resources accepted by the website. Please be aware of the fact that we do not accept other methods of payment without giving prior consent.
10. REJECTION, DAMAGE OR LOSS IN TRANSIT
As a customer-focused business, we make every effort to contract with reliable shipping companies with excellent reputations, but because we cannot be responsible for merchandise that is not in our control while it is in transit, we shall not be liable for product damaged as a direct result of our own transport or a third party transport company. Further, you are not entitled to reject the delivery of any product that has not been damaged in transit. We are usually notified of such damage within five (5) business days of product arrival. For more clarification, call our Customer Care department at 855-382-6647 or email us at [email protected]
11. LIABILITY LIMITATION
TO THE MAXIMUM EXTENT OF THE LAW AND WITHIN LEGALLY PERMISSIBLE BOUNDARIES, THE AGGREGATE LIABILITY OF OUR COMPANY SHALL UNDER NO CIRCUMSTANCES EXCEED THE COST OF YOUR ORDER. GIVEN THIS STATEMENT, WHETHER OR NOT THE COMPANY WAS AWARE OF POSSIBLE DAMAGES AND/OR ADVISED OF SUCH DAMAGES AND WHETHER OR NOT LIMITED REMEDIES FAIL TO SOLVE A PROBLEM OUR AGGREGATE LIABILITY, WHETHER FOR TORT, BREACH OF CONTRACT OR OTHER LEGAL REMEDIES, MAY NEVER LEGALLY SURPASS PRODUCT COSTS UNDER ANY CIRCUMSTANCE.
ADDITIONALLY, WE ASSERT THIS HOLD HARMLESS POSITION: UNDER NO CIRCUMSTANCE CAN WE BE HELD LIABLE FOR ANY OF THE FOLLOWING REASONS: INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR LOST REVENUES OR COSTS ASSOCIATED WITH THESE SITUATIONS. ALL PRODUCT IS SOLD TO YOU WITH NO WARRANTY ATTACHED AND DELIVERED TO YOU “AS IS.” WE MAKE NO SPECIFIC REPRESENTATIONS OR WARRANTY EXCEPT THAT WHICH IS STATED ELSEWHERE WITHIN THIS TERMS AND CONDITIONS STATEMENT, AND WE THEREFORE DISCLAIM ANY AND ALL IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING IMPLIED MERCHANTABILITY, FITNESS FOR PURPOSE AND NON-INFRINGEMENT LANGUAGE WITHOUT LIMITATION.
By ordering product on our Company website, you hereby agree to indemnify and hold harmless Company principals, including employees, officers, directors, shareholders, independent contractors, telecommunication entities and agents from claims, loss, liability, expense, cost and/or demands associated with online transactions, including legal and accounting fee limitations, for direct or indirect damage to product that is purchased as a direct result of your misuse of the Company website.
Should you breach the Terms and Conditions stipulated to in this Agreement, the Company is hereby absolved of responsibility for your misuse of the website. Should you be in violation of agreement conditions, policies and limitations, we shall promptly inform you of your status by electronic mail and include explanations of claims or suits instituted as a result of your misuse of the website. You are therefore responsible for cooperating fully and at your own expense to defend against any and all legal actions. Your refusal to communicate or otherwise respond to our communications constitutes your permission for the Company to seek any and all redress associated with claims and suits filed in the course of our effort to seek full recompense from you.
It is your obligation and responsibility to read and understand any notice, document or communication the Company sends to you that relates to this Terms and Conditions Agreement. You are required to provide and use a current e-mail address for the purpose of exchanging communications. You may email us at [email protected] All notices and documents will be sent to the email address you provided with your initial order and considered valid unless you have contacted the Company since the order was placed and supplied another email address. Communications and correspondence (where properly address) shall be considered “received” in the following manner (i) the recipient acknowledges having received the communication; (ii) the sender receives an automated message stipulating that either email has been delivered or verification that said email has not been opened; or (iii) Forty-eight (48) hours has transpired following the transmission of the e-mail with no response unless the recipient has not received notification of a delay or the transmission itself failed but the sender was not notified of this fact.
We reserve the right to end all aspects of our business relationship by terminating your rights to use this website and/or subscriptions you have previously undertaken if we believe, for any reason, that you have knowingly violated the Terms and Conditions of this agreement. Additionally, we also reserve the right to terminate the relationship if we are of the opinion that you have sought, in bad faith, to block, hinder or impede product returns, charge backs, credit backs and/or exhibited any conduct that is designed to harass, injure or disrupt this Website and/or impeded any aspect of the Company’s business operations.
While we are under no obligation to either report and/or prosecute suspected or real credit card fraud, we reserve the right to do so should mitigating circumstances arise, and our discretion extends to requiring additional authorization and approvals from authoritative resources concerning your order. We require a telephone confirmation if circumstances arise that require more information. Additionally, we reserve the right to cancel, delay or recall from the shipper or otherwise refuse to shop product if we suspect fraud. At the time an order is placed, the Company captures specific information related to customers, and if we conclude that an order transmitted via the Website is in any way fraudulent, we reserve the right to use the information you provided transaction times, dates, IP addresses and other data to locate and identify said perpetrators of fraud. If we suspect the additional collusion of a website in connection with such fraud, we reserve the right but are not obligated to provide all records associated with the account/order to law enforcement officials and credit card companies to help with fraud investigations, whether or not a subpoena is issued. We also reserve the right to cooperate with said authorities to prosecute offenders to the fullest extent of the law.
16. SALES TAX
You are obligated by law to take responsibility for paying the sales tax, when applicable, appearing on your statement each time you make a purchase via the website.
17. INTELLECTUAL PROPERTY RIGHTS
The website and all contents associated with the site are the exclusive, sole property of the Company or licensors, therefore nobody outside these two entities may legally claim license or ownership rights to products, content, graphics and other types of material that is for the proprietary use of the website itself. Therefore, you may not claim ownership rights as a condition of your product purchase. Both the website and proprietary content are protected by trademark and copyright laws, thus you may not republish, transmit or copy any portions of the website’s content without the written, prior consent of the Company.
ARBITRATION AND WAIVER OF CLASS ACTION
If this arbitration clause proves to be unenforceable, you hereby agree that all claims will be settled within the purview of Small Claims Court. Further, this arbitration provision shall survive any and all Agreement terminations, including Skin Flow subscription, this Agreement and any other Agreement that you have sanctioned as a result of your relationship with Skin Flow, the Company and the website.
ARBITRATION OR SMALL CLAIM COURT RECOURSES
Should you decide to pursue arbitration or small claims court resolution, you are required to first send notification that you are pursuing either option to Skin Flow. This Notice to Skin Flow must be addressed to General Counsel, Skin Flow, Inc., [email protected] ("Notice Address").
If Skin Flow is the arbitration initiator, you are also required to send a copy of this notice, whether sent by or to Skin Flow, to the email account address that is associated with your subscription account. The content of said Notice must describe, in detail, (i) the nature, basis or reason for your claim and/or dispute and it must (ii) set forth the specific amount of relief (Demand) you seek. If no agreement to resolve the claim is reached within 30 days after the aforementioned agreement is received, either you or Skin Flow may institute an arbitration proceeding or turn to small claims court for a resolution.
All arbitration proceedings are governed by the International Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. Modifications to the Agreement are required to be vetted by the AAA. You may read the AAA Rules and Forms covering all aspects of the arbitration process online at www.adr.org or you can call the AAA at 1-800-778-7879 and ask for these documents. You also have the option of writing directly to the Address of Record to obtain documents you will need to direct your efforts, or you can download all of the forms and agreements necessary at www.adr.org.
Should you be required to pay a filing fee to initiate the arbitration process, once Skin Flow receives confirmation of your payment, the Company will promptly reimburse the full amount of your payment as long as said payment does not exceed $10,000. Should the filing fee surpass this amount, both parties agree to be equally responsible for the amount.
Since arbitrators are bound by the terms of this Agreement, you hereby agree that any and all issues associated with this arbitration will be mediated by the arbitrator and that all decisions relating to the scope and enforceability of this Agreement shall be determined by the arbitrator. Further, unless you or Skin Flow choose a location outside your county or parish, all hearings related to arbitration proceedings are to be conducted in your community. Additionally, an arbitrator will be selected in accordance with AAA Rules.
Further to the aforementioned Terms and Conditions stated within this section of the Agreement, you acknowledge and agree to submit to arbitration if the amount of your claim is less than $10,000 and upon agreeing, you may decide whether the proceedings will move forward based solely on content contained within documents submitted to the arbitrator. You may also be asked to agree to a telephonic hearing in lieu of an in-person hearing recommended by AAA arbitration rules. Should your claim exceed $10,000, AAA rules will determine your right to a hearing.
That stated, regardless of how your arbitration proceedings are structured, the arbitrator is deemed to be official responsible for issuing a well-reasoned and supported decision in the form of a written document once evidence, testimony and proceedings conclude. In the event the arbitrator’s decision awards you an amount that is greater than the amount of the last written settlement offered by Skin Flow before arbitration commenced (or in the event Skin Flow failed to make a settlement offer before an arbitrator was appointed), Skin Flow will then pay you the amount of the award or $1,000 whichever amount is greater. The payment of filing, administration and arbitrator fees will be governed by AAA rules unless negotiated before arbitration began.
BECAUSE YOU AND Skin Flow BOTH AGREE THAT EACH MAY BRING LEGAL CLAIMS AGAINST THE OTHER AS A DIRECT RESULT OF DISPUTES OVER ANY OR ALL ORDERS PLACED, YOU ALSO AGREE THAT THIS LEGAL REDRESS SHALL ONLY BE SOUGHT AS AN INDIVIDUAL RATHER THAN AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION SUIT OR REPRESENTATIVE LEGAL PROCEEDING. Therefore, unless you and the Company agree otherwise, the arbitrator you choose may not consolidate the claims of others or in any way agree to hear multiple claims, nor is he or she permitted to preside over any such hearings. If this prohibition proves unenforceable, all arbitration proceedings associated with this legal action shall be null and void. That stated, an arbitrator may award injunctive or declaratory relief that favors only the individual party and only to the extent that provides relief warranted and justified by that individual’s claim.
AN ARBITRATOR MAY NOT, UNDER ANY CIRCUMSTANCE, AWARD PUNITIVE DAMAGES TO EITHER CLAIMANT, BUT HE OR SHE SHALL AWARD ATTORNEY’S FEES AND COSTS TO THE PREVAILING PARTY THAT ARE NOT TO EXCEED REASONAL LEGAL FEES AND COSTS OF $5,000 UNLESS PROHIBITED BY AAA RULES. THIS AMOUNT IS THE MUTUALLY AGREED AMOUNT BASED ON THE HIGHEST LEVEL OF REASONABLE ATTORNEY FEES.