Illumia Skin Care – TERMS & CONDITIONS OF USE
CAREFULLY READ AND UNDERSTAND THESE TERMS BEFORE ORDERING A PRODUCT.
This is a binding Agreement (the “Agreement”) between You, the individual or entity accessing, using or purchasing Product from this Website (“you,” “your” or “Customer”) and it applies to the online products and/or website(s) (collectively the “Product(s)”) sold, owned, and/or operated by Illumia Skin Care (located in 304 S. Jones Blvd #6412, Las Vegas NV 89107 ) and its subsidiaries or affiliated companies (“we”, “us”, or “our”), including (the “Website”). By using the Products and/or Website, you agree, without limitation or qualification, to be bound by the terms and conditions as set forth below.
Company reserves the right to change any of the provisions listed 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.
OFFER TERMS & CONDITIONS: All fees are payable in U.S. DOLLARS.
(Subscribe & Save – You can only add one subscription Product per Purchase & per Customer).
SUBSCRIBE & SAVE ORDERS: In case of recurring orders, you will be sent a new supply at the below purchase price (inclusive of S & H) every 30 days until cancelled. If you are not satisfied with the product, call Customer Care Department within 30 days of purchase to return it. Products must be sealed and in original packaging to qualify for a full refund.
Note: When using a debit/credit card, we might pre-authorize your card thereby creating a pending transaction. If you see this on your account, the charge will be captured between 1-7 calendar days. All transactions on this website are in USD. If your financial institution operates with a currency other than USD, they may assess an international currency exchange fee.
RECURRING ORDERS – TERMS & CONDITIONS:
In the event the selected package or product(s) are recurring, you acknowledge and agree that Illumia Skin Care will not obtain additional authorization from you for each future monthly payment. In addition, you do not hold Illumia Skin Care responsible for any overdraft charges or fees which you might incur during the ongoing membership program. After the initial 30 day billing cycle, recurring orders are under a 15-day money back guarantee. The order must be sent back sealed and in its original packaging within 15 days of delivery in order to receive a full refund. This means that you have 15 days from the day you receive the recurring order to post it back to our warehouse in order to be eligible for a refund. (Please refer to “RETURNS POLICY” section below, for details)
For so long as your membership is active, you will be billed, and you will be required to pay, all applicable charges. Failure to use the Illumia Skin Care products does not constitute a basis for refusing to pay any of the associated charges. Subject to the conditions set forth herein, you agree to be bound by the Billing Provisions of Illumia Skin Care in effect at any given time. Upon reasonable prior written notice to you (with email sufficing), Illumia Skin Care reserves the right to change its Billing Provisions whenever necessary, in its sole discretion. Continued use of the site and/or receipt of the Illumia Skin Care products after receipt of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the Billing Provisions shall not apply to any charges incurred prior to the applicable amendment or modification.
Illumia Skin Care authorization to provide and bill for the Illumia Skin Care products is obtained by way of your electronic signature or, where applicable, via physical signature and/or voice affirmation. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency. Illumia Skin Care reliance upon your electronic signature was specifically sanctioned and written into law when the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act were enacted in 1999 and 2000, respectively. Both laws specifically preempt all state laws that recognize only paper and handwritten signatures. Where you fail to make any VIP Membership Program payments, such overdue amounts will be subject to your account being deactivated, in which case no further product will be shipped to you and access to the Membership site will be denied, for non-payment.
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. If Company reduces the price of the Product as described herein, you will be billed at the reduced price until the promotional period ends or Company is assured of payment by your credit card company or its processor, after which time the Product price will be restored to its usual price, without prior notice to you. If your order is processed at the reduced price a new billing cycle will begin from the date of the new payment processing.
SHIPPING & DELIVERY:
The standard ground mail service is shipped via United States Postal Service First Class Mail or DHL. Your shipment will be dispatched within 24-72h and will arrive within 3-5 business days in the US and 10-15 business days for International shipments. If you have not received your order within 21 days from your purchase date, please contact customer support so we can check the status of your order directly with the carrier. If you entered the wrong address on our order form and we are forced to reship your package, there will be an additional shipping and processing charge equal to your original order. Please be advised that shipments are not sent out on Saturdays, Sundays, or any Holidays. We do not guarantee arrival dates or times.
CANCELLING ORDERS AND RETURN POLICY:
Once an order has been submitted your credit card will be charged. Our ordering process is streamlined so your order will immediately be sent to processing and then shipping. If you’d like to modify your order contact us immediately by phone or email provided. Please allow 24h for us to process your request if sent via email.
If you experience any delays in the delivery of your Illumia Skin Care order, you may contact our Customer Care Department at 1-347-630-8948 or email us at firstname.lastname@example.org.
Subscriptions can be cancelled at any time before the next billing cycle. Subscription cancellation will be effective immediately. Please refer to the following RETURNS POLICY.
1. If you are not fully satisfied with your purchase, you may cancel your order within 30 days (including shipping time) by contacting our Customer Care Department at 1-347-630-8948 or by email at email@example.com. Products must be sealed and in original packaging to qualify for a full refund.
2. To receive your refund, you must postmark your return within 30 days of the day of purchase. You must include a note with your order number, name, address, email address and a phone number inside of the package.
3. You will be required to return ALL bottles received (unopened or opened), depending on the selected package, by following the “PRODUCT RETURN” steps listed below.
a. To return a Product for an exchange due to shipping damage or when cancelling your order:
i. Call Customer Care Department 1-347-630-8948 or email us at firstname.lastname@example.org.
ii. You will be given a Return Merchandise Authorization (RMA) number instantly over the phone or within 24-48h if requested via email.
iii. Please have the return tracking number ready when contacting us.
iv. Send Postage Paid to:
Attention: Illumia Skin Care PO Box 30111-137 Salt Lake City UT 84130, USA
(Canada Exclusive Offer (Available Only to Residents of Canada)
Attention: Illumia Skin Care
4. We will not accept or issue a refund for any packages marked
RETURN TO SENDER.
5. If you return a package, we recommend that you get proof of shipment.
6. Upon receipt of your returned product with a valid order number and personal details, a refund will be issued to your credit/debit card. After the shipping Department receives your return, it takes 5-7 business days to process your refund.
7. Once a return is processed, it can take up to one billing cycle for this return to be posted to your account, depending on your financial institution.
8. We reserve the right to replace any damaged products in lieu of refunding them at the discretion of the company.
9. We reserve the right to refuse a refund to any customer who repeatedly requests refunds or who, in our judgment, requests refunds in bad faith.
10. We don’t take any responsibility for lost or damaged returns.
11. NOTE: An RMA number can ONLY be obtained by contacting the Customer Care Department or by requesting it by email.
I understand the statements regarding these products have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure or prevent any disease. I understand the information on this Web site or in emails is designed for educational purposes only and is not intended to be a substitute for informed medical advice or care.
I understand I should not use this information to diagnose or treat any health problems or illnesses without consulting my doctor. I also understand that Illumia Skin Care is not intended or to be used to treat any type of medical condition.
LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTY:
THE MATERIALS AND PRODUCTS CONTAINED AND OFFERED ON THE WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Illumia Skin Care DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHER VIOLATIONS OF RIGHTS. IN NO EVENT SHALL Illumia Skin Care OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, UNDER ANY CAUSE OF ACTION WHATSOEVER INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT, STRICT LIABILITY, WARRANTY, OTHERWISE, FOR ANY CLAIM CAUSE OF ACTION, FEE, EXPENSE, COST, OR LOSS (COLLECTIVELY, “CLAIMS”) ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY STATEMENT, THE PRODUCTS, OR THE CUSTOMER’S USE OF THE WEBSITE OR ANY PRODUCT. Illumia Skin Care ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY Illumia Skin Care WEBSITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; Illumia Skin Care FURTHER ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY FAILURES, DELAYS,MALFUNCTIONS, OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED ON THE WEBSITE; ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT PROVIDED ON THE WEBSITE; OR ANY CONDUCT BY USERS OF THE WEBSITE, EITHER ONLINE OR OFFLINE. Illumia Skin Care DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY Illumia Skin Care WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
You agree that Illumia Skin Care’ entire liability for all CLAIMS shall be limited, in the aggregate, to the lesser of (i) USD $500.00, or (ii) the total amount of money you paid to Illumia Skin Care in the one (1) month period immediately preceding the incident on which your alleged claim is based. This limitation of liability shall apply for all CLAIMS, regardless of whether Illumia Skin Care was aware of or advised in advance of the possibility of damages or such CLAIMS. The warranties and representations specifically set forth in this agreement are the only warranties and representations with respect to this Agreement, and are in lieu of any and all other warranties, written or oral, express or implied, that may arise either by agreement between the parties hereto or by operation of law, including warranties of merchantability and fitness for a particular purpose. None of these warranties and representations will extend to any third person. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
CONSENT TO RECEIVE EMAILS FROM US:
If you sign up via any of our opt-in forms, or make a purchase from any of our websites we will send you emails anywhere from once to three times a week. These emails can be comprised of order confirmation, shipping confirmation, announcement type emails &/or our skin care newsletter and informational emails that we send out regularly. Typically, in our emails you will find relevant information that is related to a purchase you made with us, or the newest tips, tricks, and information related to diet. Please remember that if you no longer wish to hear from us, you can simply unsubscribe at any time using the link in the footer of any email that we send you.
You hereby represent and warrant that you are aged eighteen (18) or older, that you have read this Agreement and thoroughly understand the terms contained in this Agreement, that any Products you purchase from the Website will be used for your personal, non-commercial use, and that you will not resell, re-distribute or export any Product that you order from the Website. you further represent that Illumia Skin Care has the right to rely upon all information provided to Illumia Skin Care by you, and Illumia Skin Care may contact you by email, telephone or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) customer satisfaction surveys, and (iii) inquiries about any orders you placed, or considered placing, at or through the Website.
The Website and all of its contents including, but not limited to, articles, other text, photographs, illustrations, graphics, product names, designs, logos, and the collection, arrangement, and assembly of all content (collectively, “the Intellectual Property”) are protected by copyright, trademark, and other laws of the United States, as well as International conventions and the laws of other countries. The Intellectual Property is the exclusive property of Illumia Skin Care or its licensors. No license or ownership rights in or to any of the Intellectual Property are conveyed to you by virtue of this Agreement or by your purchase of any Product from the Website. Unless otherwise permitted by law, none of the Intellectual Property may be reproduced by you without Illumia Skin Care’ prior written permission.
CUSTOMER DISPUTES AND COMPLAINTS:
If either Illumia Skin Care or you wants to arbitrate a dispute, We each agree to send written notice to the other providing a description of the dispute, previous efforts to resolve the dispute, all supporting documents/information, and the proposed resolution. Notice to you will be sent to your billing address that you provided us and notice to us will be sent to 304 S. Jones Blvd #6412, Las Vegas NV 89107 . We each agree to make attempts to resolve this dispute within forty-five (45) days of receipt of the notice to arbitrate, then we may submit the dispute to formal arbitration.
The arbitration will be administered by the National Arbitration Forum (“NAF”) under its arbitration rules. If any NAF rule conflicts with the terms of this Agreement, the terms of this Agreement apply.
Unless we each agree otherwise, the Arbitration will be conducted by a single neutral arbitrator and will take place in the state of your last billing address. The federal or state law that applies to the Agreement will also apply during the Arbitration.
We each agree not to pursue Arbitration on a consolidated or class or collective actions. We each agree that any arbitration will be solely between you and Illumia Skin Care (not brought on behalf of or together with another individual’s claim). If for any reason any Court or arbitrator hold that this restriction in unconscionable or unenforceable, then this agreement to arbitrate does not apply and the dispute must be brought in Court. We each are responsible for our own costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration.
NO CLASS OR COLLECTIVE ACTIONS TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CONSOLIDATED OR CLASS OR COLLECTIVE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING. NO TRIAL BY JURY TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING
No waiver of or by Illumia Skin Care shall be deemed a waiver of any subsequent default of the same provision of this Agreement. If any term, clause or provision hereof is held invalid or unenforceable by a Court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.
WEBSITE USER CONDUCT AND RESTRICTIONS:
You must be 18 years of age or older to access Our Website. As a user of the Website, you agree that in connection with your use of the Website and the content you will not:
– Upload, post, email, or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of anyone’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
– Conduct yourself in an inappropriate, offensive, indecent, or vulgar manner while using Our service or Website;
– Use the Website for any unlawful purpose;
– Upload, post, email, or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
– Upload, post, email, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other intellectual property right of any party;
– Upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
– Upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
– Interfere with or disrupt the Website, the services, the content or servers or networks connected to the Website, the services or the content, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website, the services, and/or the content, the terms of which are incorporated herein;
– Intentionally or unintentionally violate any applicable local, state, national, or international law. Without the express prior written authorization of Illumia Skin Care, you may not:
– Duplicate the Website (except as expressly provided elsewhere in this Agreement or as permitted by law); – Create derivative works based on the Website or any of the Intellectual Property;
– Remove any copyright or other proprietary notices from the Website or any of the Intellectual Property contained therein; – Frame or utilize any framing techniques in connection with the Website or any of the Intellectual Property;
– Use any meta-tags or any other “hidden text” using the Website’s name or marks;
– “Deep-link” to any page of the Website;
– Circumvent any encryption or other security tools used anywhere on the Website (including the theft of user names and passwords or using another person’s user name and password in order to gain access to a restricted area of the Website);
– Use any data mining, bots, or similar data gathering and extraction tools on the Website;
– Use any device, software or routine to bypass any operational element or to interfere, or attempt to interfere, with the proper working of the Website, server or activities conducted therein; or, – Take any action that imposes an unreasonable or disproportionately large load on the Website or its network infrastructure.
TERMINATION OF AGREEMENT:
This Agreement shall remain in force as long as you access the Website, use any functions or features of the Website, or order anything from the Website. Illumia Skin Care reserves the right to terminate this Agreement without notice and/or refuse to sell to anyone who Illumia Skin Care believes, in Our sole discretion, (i) has violated any of the terms of this Agreement, (ii) is abusing the Products or the services Illumia Skin Care provides, or (iii) is unable to provide Us with sufficient information to allow Us to properly identify the customer’s real name, address, or other contact information.
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.
The Website may provide links to other World Wide Web sites or resources. Illumia Skin Care has not reviewed these websites and is not responsible for the accuracy, content, privacy policies or availability of information found on websites that link to or from any Illumia Skin Care Website. Illumia Skin Care cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any Illumia Skin Care Website or third-party content on our sites. Illumia Skin Care does not endorse any of the merchandise, nor has Illumia Skin Care taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites or content. Illumia Skin Care does not make any representations or warranties as to the security of any information (including, without limitation, and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against Illumia Skin Care with respect to such sites and third-party content. Illumia Skin Care strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Neither Illumia Skin Care nor its affiliates, officers, directors, shareholders, employees, independent contractors, telecommunications providers, or agents shall be liable for any damages, including but not limited to direct, indirect, incidental, consequential, or punitive damages arising out of your use of third-party material or third-party sites that are linked to this Website. No link to the Website may be framed to the extent that such frame contains any sponsorship, advertising, or other commercial text or graphics. All links to the Website must be to www.illumiaskincare.com. Deep linking to internal pages of this Website is expressly prohibited without prior written consent from Illumia Skin Care.
Illumia Skin Care shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond Our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, for so long as such event continues to delay Illumia Skin Care’ performance.
You agree to defend, indemnify, and hold harmless Illumia Skin Care, its affiliates, officers, directors, shareholders, employees, independent contractors, telecommunications providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including, but not limited to, reasonable legal and accounting fees, which are not limited to NEVADA RULES OF CIVIL PROCEDURE, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from your use, misuse, or inability to use the Website, or your breach of any of these terms and conditions of this Agreement. Illumia Skin Care 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 Illumia Skin Care does not hear from you promptly, Illumia Skin Care reserves the right to defend such claim or suit and seek a full recompense from you.
Disclaimer: This product has not been evaluated by the FDA. This product is not intended to diagnose, treat, cure or prevent any disease.