Skin Topic Terms and Conditions
Welcome to www.YourSkinTopic.com. Skin Topic LLC and team ask that you abide by the terms and conditions that follow, along with any other terms and conditions that may appear on the Website from time-to-time (Collectively, the “Conditions”). Your use of the Website constitutes your agreement with the Conditions that follow and we reserve the right to revise these Conditions at any time. When we make changes, we will post them here. You agree to check this section periodically to be aware of any changes and your continued use of the Website shall be considered your agreement to any modified Conditions. If you do not agree with these Conditions, please do not use the Website.
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Definitions
“Seller/we/our/us/Skin Topic LLC” means Skin Topic, and the company's website www.yourskintopic.com.
“Customer” means the person or company to whom this document is addressed.
“Website” shall mean, www.yourskintopic.com or any other subdomains of yourskintopic.com which may be accessible unless expressly excluded by their own terms and conditions.
“Online Store” shall mean the method by which the Customer browses and purchases the products from yourskintopic.com, being the Website and/or the App.
“Order” shall mean the submission of an order for products on the “Online Store” by the “Customer”.
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General
By placing an order through our website, you warrant that:
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you are legally capable of entering into binding contracts.
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you are at least 16 years old; and
Price
While we make every effort to ensure that all details, descriptions and prices which appear on this Website are accurate at time of going online, errors may occur. If we discover an error in the price of any goods which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full Refund.
Payment
Payments may be made by one of the following payment methods:
Major credit cards as listed: Visa, MasterCard, American Express, and Discovery. Upon receiving your order, we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your card will be debited upon authorization being received. The funds received upon the debiting of your card will be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the deposited funds will be used to pay for the goods you have purchased as listed in the confirmation email sent from info@yourskintopic.com.
Orders
All Orders are subject to acceptance and availability. Upon placing an Order with Skin Topic, the Customer will receive an order acknowledgement and subsequent update email(s). Receipt of the acknowledgement and these emails does not confirm that the Order has been accepted by Skin Topic.
Order acceptance and the creation of the contract between Skin Topic and the Customer will start at the time the products ordered by the Customer are dispatched from Skin Topic to be delivered to the address supplied by the Customer.
Skin Topic will take all reasonable care in accordance with applicable laws, in so far as it is in its power to do so, to keep the details of the Customer’s Order and payment secure, but in the absence of negligence on its part (and, subject to applicable laws, including laws relating to data protection and privacy) Skin Topic cannot be held liable for any loss suffered by Skin Topic if a third party procures unauthorized access to any data you provide when accessing or ordering from the Online Store.
Products purchased from Skin Topic are not for re-sale or distribution without the expressed and written authorization from Skin Topic. Skin Topic can at its sole discretion restrict ordering to a maximum of 5 pieces of any individual products and reserve the right to cancel any Orders which are suspected are being purchased for re-sale or distribution without the expressed and written authorization from Skin Topic.
Delivery
Any date or period for delivery shall be considered as indicative only. It is our policy to try to dispatch all orders within 3 - 5 business days. Any products not available at the time of your order will be sent to you, as soon as possible, with a status for expected delivery. In any case, delivery will be made within 30 days after the date we accept your order.
If there are delays in the delivery caused by the supplier, the carrier or any other third party then Skin Topic will contact you as soon as possible to let you know and, provided we do this, we will not be liable for such delay. If there is a substantial delay you may end the contract using the cancellation rights procedure below and will be entitled to receive a refund for any products you have paid for but not received.
Where products have been delivered, you must return these to Skin Topic at the address above and we will refund the costs of such return.
Cancellation Rights
In the case of Products, if you are contracting as a consumer, you have a statutory right to cancel your Product order for any reason and receive a full refund. You will receive a full refund of the price paid for the Products (excluding postage costs). Your statutory right to cancel a Contract relating to the purchase of a Product starts from the date when you receive the Product (when the Contract between us is formed). If the Products have been delivered to you, you may cancel at any time within 7 working days, starting from the day after you receive the Products. In the event that you received a Product that is damaged on delivery then please inform us of this in writing as soon as possible. If a Product is returned to us damaged and you have not informed us that the Product was damaged when you received it then we may refuse your right to cancel or receive a refund.
You will not have any right to cancel a Contract for Products or any customized Product which have had their security seal opened or unsealed.
To cancel a Contract, you must inform us in writing. If the Products have been delivered to you, you must also return the Products to us as soon as reasonably practicable, and at your own cost. You have a legal obligation to take reasonable care of the Products while they are in your possession.
Refunds
If an order is cancelled in accordance with the paragraph Cancellation Rights paragraphs above, then we will refund the amounts owed as soon as possible following cancellation and in any case within 30 days following cancellation.
If we are due to provide you with a refund then this will be made to the credit or debit card used to carry out the original transaction.
Our Liability
If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the contract.
We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Privacy Policy
Protecting your private information is our priority. This Statement of Privacy applies to www.yourskintopic.com, and Skin Topic LLC and governs data collection and usage. For the purposes of this Privacy Policy, unless otherwise noted, all references to Skin Topic LLC include www.yourskintopic.com and Skin Topic. The Skin Topic website is a Skin Care Products site. By using the Skin Topic website, you consent to the data practices described in this statement.
Collection of your Personal Information
In order to better provide you with products offered, Skin Topic may collect personally identifiable information, such as your:
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First and Last Name
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Mailing Address
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E-mail Address
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Phone Number
If you purchase Skin Topic's products, we collect billing and credit card information. This information is used to complete the purchase transaction.
We do not collect any personal information about you unless you voluntarily provide it to us. However, you may be required to provide certain personal information to us when you elect to use certain products. These may include: (a) registering for an account; (b) entering a sweepstakes or contest sponsored by us or one of our partners; (c) signing up for special offers from selected third parties; (d) sending us an email message; (e) submitting your credit card or other payment information when ordering and purchasing products. To wit, we will use your information for, but not limited to, communicating with you in relation to products you have requested from us. We also may gather additional personal or non-personal information in the future.
Use of your Personal Information
Skin Topic collects and uses your personal information to operate and deliver the product(s) you have requested.
Skin Topic may also use your personally identifiable information to inform you of other available from Skin Topic and its affiliates.
Sharing Information with Third Parties
Skin Topic does not sell, rent or lease its customer lists to third parties.
Skin Topic may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party. Skin Topic may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Skin Topic, and they are required to maintain the confidentiality of your information.
Skin Topic may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Skin Topic or the site; (b) protect and defend the rights or property of Skin Topic; and/or (c) act under exigent circumstances to protect the personal safety of users of Skin Topic, or the public.
Tracking User Behavior
Skin Topic may keep track of the websites and pages our users visit within Skin Topic, in order to determine what Skin Topic Products are the most popular. This data is used to deliver customized content and advertising within Skin Topic to customers whose behavior indicates that they are interested in a particular subject area.
Automatically Collected Information
Information about your computer hardware and software may be automatically collected by Skin Topic. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the product, and to provide general statistics regarding use of the Skin Topic website.
Right to Deletion
Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:
• Delete your personal information from our records; and
• Direct any service providers to delete your personal information from their records.
Please note that we may not be able to comply with requests to delete your personal information if it is necessary to:
• Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a product requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us;
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
• Debug to identify and repair errors that impair existing intended functionality;
• Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;
• Comply with the California Electronic Communications Privacy Act;
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent;
• Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;
• Comply with an existing legal obligation; or
• Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.
Children Under Sixteen
Skin Topic does not knowingly collect personally identifiable information from children under the age of sixteen. If you are under the age of sixteen, you must ask your parent or guardian for permission to use this website.
E-mail Communications
From time to time, Skin Topic may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication.
If you would like to stop receiving marketing or promotional communications via email from Skin Topic, you may opt out of such communications by notifying info@yourskintopic.com and making that request to be removed.
Changes to this Statement
Skin Topic reserves the right to change this Privacy Policy from time to time. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your account, by placing a prominent notice on our website, and/or by updating any privacy information. Your continued use of the website and/or Products available after such modifications will constitute your: (a) acknowledgment of the modified Privacy Policy; and (b) agreement to abide and be bound by that Policy.
Contact Information
Skin Topic welcomes your questions or comments regarding this Statement of Privacy. If you believe that Skin Topic has not adhered to this Statement, please contact Skin Topic at:
Skin Topic LLC
Disclaimer of Liability
Information provided on this Website is informational only and is not intended to diagnose, prescribe or replace the advice of medical professionals. It is your responsibility to check with a medical professional before using any products that may interfere with drugs or medical conditions. Skin Topic LLC is not responsible for incorrect use of products sold or information conveyed on this Website.
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law www.yourskintopic.com and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect www.yourskintopic.com’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Disclaimer as to Ownership of Trademarks, Images of Personalities and Third-Party Copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with www.yourskintopic.com and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and is in no way an assertion that such products are endorsed by or connected to www.yourskintopic.com.
Indemnity
You agree to indemnify, defend and hold harmless www.yourskintopic.com, its owners, members, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms of Service.
Variation
www.yourskintopic.com has the right in its absolute discretion at any time and without notice to amend, remove or vary the Products and/or any page of this Website.
Invalidity
If any part of the Terms of Product is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible, where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
Complaints
We operate a complaint handling procedure which we use to resolve disputes when they first arise, please let us know if you have any complaints or comments at info@yourskintopic.com.
Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Entire Agreement
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and concurrent agreements between you and www.yourskintopic.com. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Managing Member of info@yourskintopic.com.