Terms of Service

SKINFIX INC. TERMS OF SERVICE – USA

Effective Date: March 28, 2019

Skinfix Inc. (referred to as "Skinfix" or "we" or "us") is pleased to provide this website for your personal use. Please read the terms and conditions carefully as they govern your use of the Skinfix website. Your access to and use of this website is subject to the terms and conditions set out below (“Terms of Service”) and all applicable laws and regulations.

From time to time we may change these Terms of Service. We will notify you of any material changes to our Terms of Service by posting an updated copy on our website. Please check our website periodically for updates. By using this website, you agree to the Terms of Service in place at the time of use.

USE OF THIS WEBSITE

The information posted by Skinfix on this website is believed to be accurate when posted but is not warranted or represented in any way to be so. Skinfix assumes no liability or responsibility for any errors or omissions on this website. Any use or reliance on such information is at your own risk. Skinfix reserves the right to limit or restrict your use of this website at any time.

This website may contain links or content from third party sources. Skinfix is not liable for any third-party products, views or information presented on this website and such information or content does not reflect the opinions, recommendations or practices of Skinfix unless specifically stated otherwise. If you decide to access any website linked through this or to this website, you do so entirely at your own risk.

ORDERING

Your purchase of products from this website is subject to these Terms of Service. You understand and accept that you are solely responsible for all applicable costs involved with ordering products from our website.

By submitting an order, you represent and warrant that all information you have entered for the order is accurate. All orders are subject to acceptance by Skinfix. We issue a confirming acknowledgment for each accepted order. You should notify us immediately if discrepancies are noted in the acknowledgment. Prices do not include shipping, handling and taxes which shall be charged on all orders as applicable.

All orders of products must be for your personal use only. By purchasing products, you hereby agree not to resell or distribute such products for any commercial purposes. All orders are subject to our acceptance or rejection based on product availability, noncompliance with these Terms of Service or any other reason as determined in our sole discretion. For instance, if we have reason to believe that your order is not for personal use, we reserve the right to reject or cancel any order that you place. We also reserve the right, in our sole discretion, to take steps to verify your identity to process your order. We will either not charge you or refund the charges for orders that we cancel or do not process.

SHIPMENT

Unless you are otherwise notified by us, shipments will be made via ground delivery. All ship and delivery dates specified on our website are estimates and are subject to change. Skinfix is not responsible for delays by the shipper. Risk of loss or damage to the products shall pass to you upon commencement of shipment.

This website may be accessed from countries other than the United States or Canada. This website may contain products or references to products that are not available outside of the United States or Canada. Any such references do not imply that such products will be made available outside the United States or Canada. If you access and use this website outside the United States you are responsible for complying with your local laws and regulations and will assume the full shipping charges for the order to arrive.

PRICING AND PRODUCT AVAILABILITY

All prices displayed in on our website are quoted in U.S. dollars. We strive to provide accurate pricing information regarding the products available on our Website. We cannot, however, insure against pricing errors. We reserve the right, at our sole discretion, to not process or to cancel any orders placed for a product whose price was incorrectly posted on our Website as a result of an error. If this occurs, we will notify you by email. Our Website may contain information regarding the availability of products. In rare cases, a product may be in stock when you place the order, and sold out by the time we attempt to process the order. Should this happen, we will notify you by email and cancel the item from your order. We also may offer some products for sale before they have been manufactured or arrive at our warehouse. When you pre-order these products, we will ship them out once they are available. In rare cases, these items may not become available for shipping. Should this happen, we will notify you by email and cancel the item from your order.

Unless otherwise specified, prices quoted are exclusive of: (a) the applicable costs of shipping or carriage to the agreed place of delivery; and (b) value added tax and any other tax or duty which (where applicable) must be added to the price payable. You agree to pay for applicable taxes, shipping or carriage of the products as such costs are specified by us when you submit your order.

SUBSCRIPTION SERVICES

If you choose to sign up for our subscription services option, your order(s) will be automatically re-ordered on the regular schedule you choose (for example, every 60 or 90 days). Delivery and billing will be repeated until you cancel your subscription service(s) or it reaches the end date or maximum product shipments you have selected. Subscription services can be cancelled at any time by logging into your Skinfix account and modifying your subscription service. You will be responsible for paying the applicable amount for orders shipped prior to the cancellation taking effect. Product pricing for your order will be locked in for the period starting on the initial order date and ending December 31 in that calendar year.

By choosing our subscription services option, you acknowledge that such services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. We may submit periodic charges (e.g., monthly) without further authorization from you, until you provide prior notice (receipt of which is confirmed by us) that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before we reasonably could act upon such notice.

RETURN AND EXCHANGE POLICY

Skinfix products purchased from our website must be returned or exchanged for the same item within 30 days from the date of purchase, be in new or gently used condition, and be accompanied with a proof of purchase. Proof of purchase may include your name, email, order number, lot #, and photo evidence of any damages.

Please Note: All returns and exchanges are subject to validation and approval at our discretion.

Skinfix purchases can be easily returned by mail with our pre-paid shipping labels. We regret to inform you that the shipping costs associated with your order are not eligible for refunds. Skinfix Inc. is not responsible for returned items lost during transit.

To begin the return or exchange process please follow these steps:

1. Contact us at info@skinfix.com (or call us at 1.866.927.2783) to let us know of your experience. Please include your name and proof of purchase.
2. Print your FREE return label sent to you by us.
3. Pack your returned/exchanged items safely in a secured package, attach your pre-paid shipping label and mail your items using the shipping company provided to you by us.

Once your return is validated and approved, please allow 7-10 business days for your refund to be processed.

For Exchanges, we will confirm the tracking number and the date in which you should expect your new product(s).

TRADEMARKS AND COPYRIGHT

This website contains the intellectual property of Skinfix, its affiliates and licensors protected by copyright and trademark laws. Nothing contained on this website should be construed as granting any license or right to use any trademark, logo, service mark, design or other intellectual property displayed on this website, without the prior written consent of Skinfix. All rights in respect of all such trademarks or other intellectual property are reserved.

All content on this website is copyrighted unless otherwise noted. You may freely browse this website but you may only download text, images, audio and video content for personal, non-commercial purposes. Nothing from this website may be used by you for public or commercial purposes, except as provided in these terms and conditions, without the prior written consent of Skinfix.

LIMITED WARRANTY

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE FOREGOING RETURN POLICY AND ANY APPLICABLE WRITTEN LIMITED WARRANTY INCLUDED WITH A PRODUCT ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO PRODUCTS, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF NON–INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, REGARDLESS OF WHETHER WE KNOW OR HAVE REASON TO KNOW OF YOUR PARTICULAR NEEDS. EXCEPT FOR THE EXPRESS RIGHTS STATED IN THESE TERMS, PRODUCTS ARE BEING PROVIDED “AS IS” WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU.

LIMITATION OF LIABILITY

IN NO EVENT SHALL SKINFIX BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING FROM OR CONNECTED WITH THIS AGREEMENT OR YOUR USE OR THE PERFORMANCE OF THE PRODUCT, REGARDLESS OF WHETHER SKINFIX KNOWS OR HAS REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

IN NO EVENT WILL SKINFIX’S LIABILITY FOR ANY CLAIM OF ANY KIND, WHETHER BASED IN CONTRACT, WARRANTY, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY LOSSES OR DAMAGES ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM, THIS AGREEMENT OR THE PERFORMANCE OR BREACH THEREOF, OR THE PRODUCT OR THE USE OR PERFORMANCE THEREOF, EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT.

SUBMISSIONS/USE OF INFORMATION

Any communications or material transmitted to Skinfix or through this website by electronic mail or otherwise, including any data, questions, comments, suggestions, or testimonials, is and will be treated as non-confidential and non-proprietary. Your transmission constitutes your warranty that such content is not subject to any third party copyright or any other proprietary rights, and that you have full capacity and authority to make such submissions.

Any submissions you transmit or post become the property of Skinfix, its affiliates and assigns and may be used, subject to our Privacy Policy, for any purpose including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, posting and other uses in any way, whether for commercial gain or otherwise without liability or compensation to you. By transmitting any submission to Skinfix, you have for all purposes assigned and transferred to Skinfix all copyright, trademark and other intellectual property rights in and to the submission and to have irrevocably waived and released all moral and/or personal rights in and to the submission.

CONFIDENTIALITY

Unless encrypted, information sent or received over the internet is insecure and Skinfix cannot and does not make representation, warranty or promise concerning the interception by third parties of your information, personal or otherwise. Skinfix takes reasonable precautions to keep the information that we collect through this website secure, including organizational, physical and electronic precautions. Consequently, we cannot guarantee the security or confidentiality of information that you transmit.

JURISDICTION

These terms and conditions are governed by the laws of the Province of Nova Scotia and the laws of Canada applicable therein, without respect to its conflict of laws principles and you expressly agree that exclusive jurisdiction for any dispute with Skinfix in any way relating to this website resides in the Courts of the Province of Nova Scotia.

PRODUCT DISCLAIMER

Skinfix products are for EXTERNAL USE ONLY. Although we have researched all of our products requirements and formulations in an attempt to avoid common ingredients that are known to create sensitivity or cause irritation, we cannot be held liable for any symptoms that may result from the use of Skinfix products and encourage our customers to discontinue use immediately if rash, irritation, or discomfort develops. Further, Skinfix urges you to consult a physician if you experience symptoms such as persistent, unusual odor or discharge not related to our products, or any unusual signs. Our concern at Skinfix is with the safety and comfort of our customers and we have made every effort to check, update, and verify the accuracy of the information and resources in these pages.

THIS WEBSITE DOES NOT PROVIDE MEDICAL ADVICE

The contents of this website are for information purposes only. Text and information contained on this website and reference to resource material is not intended to diagnose, treat, suggest a course of treatment, cure or prevent any disease, condition or maladies.

The information contained in this website or obtained through the use of this website is not intended to be, nor is it implied to be, a substitute for professional medical or pharmaceutical advice. Any user should always seek the advice of their physician, pharmacist, or other qualified health care provider prior to commencing any treatment for any conditions, diseases or maladies, and questions in relation to such treatment should be directed to such professional health care providers. Users should never disregard professional medical advice or delay in seeking such advice because of information obtained from this website. Reliance on any information provided on this website is solely at your own risk.

Skinfix Authorized Retailer Terms & Conditions

To protect and promote our brand and reputation for providing high-quality products, Skinfix Inc. (“Skinfix”) has established these Authorized Retailer Terms & Conditions (the “Terms”), effective immediately, which apply to authorized Retailers of Skinfix products (the “Products”). By purchasing from Skinfix for retail sale, you (“Retailer”) agree to adhere to the following terms. Please read these Terms carefully.

1. Purchase Orders. Orders for Products made by Retailer shall be handled pursuant to the then-current product order, shipment, and return procedures, which may be amended by Skinfix at any time in its sole and absolute discretion. Skinfix reserves the right to reject any orders, in whole or in part, for any reason. Any additional or different terms proposed by Retailer (including, without limitation, any terms contained in any document incorporated by reference into a purchase order) are rejected and will be deemed a material alteration hereof, unless expressly agreed to in writing by Skinfix. Furthermore, Skinfix will not be bound by any "disclaimers", “click wrap” or "click to approve" terms or conditions now or hereafter contained in any website used by Retailer in connection with the Products or any sale thereof.

2. Manner of Sale. Retailer shall sell the Products only as set forth herein. Sales in violation of the Terms are strictly prohibited and may result in Skinfix’s immediate termination of Retailer’s account, in addition to other remedies. Specifically and without limitation, Products sold to unauthorized persons or through unauthorized channels, including unauthorized websites, shall not be eligible for certain promotions, services, and benefits, including, unless prohibited by law, coverage under Skinfix’s Product warranties, guarantees, and return policies (see Sec. 2 below). Furthermore, to the extent allowed by law and without limitation to any other disclaimer, Skinfix expressly disclaims any and all warranties and conditions to unauthorized Products; Products which are sold via unauthorized Retailers; and Products which are sold not in compliance with Skinfix’s quality control program or policies. Sales to or via Amazon.com and/or Third-Party Marketplaces in violation of this Agreement will render Retailer as an unauthorized Retailer, thereby voiding any and all Product warranties as well as Skinfix’s product return policies.

• Retailer shall sell Products solely to end users of the Products. Retailer shall not sell to anyone a quantity of the Products greater than that generally purchased by an individual for personal use.

• Retailer shall not sell, ship or invoice Products to customers outside of the United States or to anyone Retailer knows or has reason to know intends to ship the Products outside of the United States without the prior written consent of Skinfix.

• Retailer is permitted to market for sale or sell the Products through websites owned or operated by Retailer; provided however, that such websites identify Retailer’s full legal name, mailing address, telephone number and email address. Skinfix, in its sole discretion, may revoke Retailer’s authorization to sell the Products on such websites at any time, and Retailer shall cease marketing for sale and/or selling the Products on such website immediately upon notice of such revocation. Retailer shall not sell the Products on or through any other website, including any third-party marketplace website such as Amazon, eBay, Jet, Rakuten, Walmart Marketplace, or Sears Marketplace, without the prior written consent of Skinfix, which is granted solely by Skinfix in its discretion. No Skinfix employee or agent can authorize online sales through oral statements, other written agreement, or by any other means.

• Retailer shall comply with any and all applicable laws, rules, regulations, and policies related to the advertising, sale, and marketing of the Products.

3. Material Product Characteristics. The following features constitute notable and material characteristics of Skinfix Products inherent to the quality and authenticity of such Products:

• Clinically Tested. Products undergo rigorous clinical testing in order to meet Skinfix’s high quality standards. To ensure consumer satisfaction and maintain consumers’ confidence in the premium nature of the Products, all Products are subject to such testing.
• “Planet-Aware Packaging. All components of the Products’ packaging is certified as “Planet-Aware.” This means the packaging meets strict standards for being environmentally friendly and sustainable.
• How-to Recycling Instructions. Aligning with Skinfix’s stance on environmental protection and important to its loyal consumers are the “how-to” recycling instructions included on Products’ labels.
• The Skinfix Promise. The Skinfix promise, including Skinfix’s strict prohibition on using any of a long list of toxic or otherwise detrimental ingredients, is an inherent inclusion of any authentic Skinfix Product (the full Promise, including the list of prohibited and unused ingredients, is included here in full - https://skinfix.com/pages/our-promise).

4. Product Care & Quality Controls. Retailer shall care for the Products as set forth herein.
   
   
   • Product Inspection. Retailer shall inspect the Products upon receipt and during storage for damage, defects, broken seals, evidence of tampering or other nonconformance (collectively, “Defects”). Retailer shall also inspect its inventory regularly for expired or soon-to-be expired Products and shall remove those Products from its inventory. Retailer shall not sell any Products that are expired. If any Defects are identified, Retailer must not offer the Product for sale and must promptly report the Defects to Skinfix.

• Product Storage and Handling. Retailer shall exercise due care in storing and handling the Products, store the Products in a cool, dry place, away from direct sunlight, extreme heat, and dampness, and in accordance with any additional storage guidelines specified by Skinfix from time to time.

• Recalls and Consumer Safety. To ensure the safety and well-being of the end-users of the Products, Retailer shall cooperate with Skinfix with respect to any Product recall or other consumer safety information dissemination effort.

• Alterations & Bundling Prohibited. Retailer shall sell Products in their original packaging, with all seals intact. Retailer shall not sell or label the Products as “used,” “open box” or any other similar descriptors. Relabeling, repackaging (including the separation of bundled products or the bundling of products), misbranding, adulterating, and other alterations are not permitted. Retailer shall not tamper with, deface, or otherwise alter any batch code or other identifying information on Products or packaging. Retailer shall not remove or destroy any copyright notices, trademarks or other proprietary markings on the Products, documentation, or other materials related to the Products. Removing, translating, or modifying the contents of any label or literature accompanying the Products is prohibited. Retailer shall not advertise, market, display, or demonstrate non- Skinfix products together with the Products in a manner that would create the impression that the non- Skinfix products are made by, endorsed by, or associated with Skinfix.

• Customer Service & Product Representations. Retailer and Retailer’s sales personnel shall familiarize themselves with the features of all Products marketed for sale and must obtain sufficient Product knowledge to advise end-user customers on the selection and safe use of the Products, as well as any applicable warranty or return policy. Retailer must make itself available to respond to customer questions and concerns both before and after sale of the Products and should endeavor to respond to customer inquiries promptly. Retailer and Retailer’s agents must represent the Products in a professional manner and refrain from any conduct that is or could be detrimental to the reputation of Skinfix. Retailer agrees to cooperate fully with Skinfix in any investigation or evaluation of such matters.

5. Intellectual Property. Skinfix owns all proprietary rights in and to the Skinfix brand, name, logo, trademarks, service marks, trade dress, copyrights, and other intellectual property related to the Products (the “IP”). Retailer is granted a limited, non-exclusive, non-transferable, revocable license to use the IP solely for purposes of marketing and selling the Products as set forth herein. This license will cease upon termination of Retailer’s status as an Authorized Retailer. Skinfix reserves the right to review and approve, in its sole discretion, Retailer’s use or intended use of the IP at any time, without limitation. All goodwill arising from Retailer’s use of the IP shall inure solely to the benefit of Skinfix.

6. If Retailer violates any of the Terms, Skinfix reserves the right to terminate the Terms immediately in addition to all other available remedies. Upon termination, Retailer will immediately lose its status as an Authorized Retailer and shall immediately cease (i) selling the Products; (ii) acting in any manner that may reasonably give the impression that Retailer is an Authorized Retailer or has any affiliation with Skinfix; and (iii) using any IP.

7. Availability of Injunctive Relief. Notwithstanding anything to the contrary herein, if there is a breach or threatened breach the Terms, it is agreed and understood that Skinfix will have no adequate remedy in money or other damages at law. Accordingly, Skinfix shall be entitled to injunctive relief and other equitable remedies; provided, however, no specification in the Terms of any particular remedy shall be construed as a waiver or prohibition of any other remedies in the event of a breach or threatened breach of the Terms. No failure, refusal, neglect, delay, waiver, forbearance, or omission by Skinfix to exercise any right(s) herein shall constitute a waiver of any provision herein.

8. Skinfix reserves the right to update, amend, or modify the Terms upon written or electronic notice to Retailer. Unless otherwise provided, such amendments will take effect immediately and Retailer’s continued use, advertising, offering for sale, or sale of the Products, use of the IP, or use of any other information or materials provided by Skinfix to Retailer under the Terms following notice will be deemed Retailer’s acceptance of the amendments. No waiver of any breach of any provision of the Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, nor shall it constitute a course of dealing and no waiver shall be effective unless made in writing. If any provision of the Terms is held contrary to law, the remaining provisions shall remain valid. The following provisions shall survive the termination of the Terms: Sections 3 and 7. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES EACH HEREBY IRREVOCABLY AND EXPRESSLY WAIVE ALL RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM (WHETHER BASED UPON CONTRACT, TORT, OR OTHERWISE) ARISING OUT OF OR RELATING TO THE TERMS OR ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY OR THE PARTIES ACTIONS IN THE NEGOTIATIONS, ADMINISTRATION, OR ENFORCEMENT HEREOF OR THEREOF. THE PARTIES ACKNOWLEDGE THAT SUCH WAIVER IS MADE WITH FULL KNOWLEDGE AND UNDERSTANDING OF THE NATURE OF THE RIGHTS AND BENEFITS WAIVED HEREBY, AND WITH THE BENEFIT OF ADVICE OF COUNSEL OF ITS CHOOSING.