In these conditions:
(a) ‘Customer’ means the customer of the Goods specified above.
(b) ‘Business Day’ means a day in which banks are open for business in Dallas, Texas and specifically excludes Saturdays, Sundays and Public Holidays.
(c) ‘Goods’ means the product
(d) ‘Seller’ means Auspect Skincare International LLC.
These conditions prevail over all conditions of the Customer’s order to the extent or any inconsistency.
3. TERMS OF SALE
The Goods and all other products sold by the Seller are sold on these terms and conditions.
4. CONDITION OF SUPPLY OF GOODS
The Customer acknowledges and agrees that the Customer shall:
(a) Reside within the United States;
(b) Not, either directly or indirectly, sell the Goods to a third party
5. DRAWINGS, ETC
All specifications, drawings and particulars of weights and dimensions listed on the website are approximate only and any deviation from any of these things does not vitiate any contract with the Seller or form grounds for any claim against the Seller.
Any performance figures are estimates only. The Seller is under no liability for damages for failure of the Goods to attain such figures.
(a) The delivery times made known to the Customer are estimates only and the Seller is not liable for late delivery or non-delivery.
(b) The Seller is not liable for any loss, damage or delay occasioned to the Customer arising from late or non-delivery.
(c) The Seller may at its option deliver the Goods to the Customer in any number of instalments.
(d) If the Seller delivers any of the Goods by instalments, and any one of those instalments is defective for any reason.
(i) It is not a repudiation of the contract of sale formed by these conditions; and
(ii) The defective instalment is a severable breach that gives rise only to a claim in
accordance with para 12.1.
(e) The Customer agrees that if the Seller has a claim for loss or damage or shortage of Goods delivered to the Customer by instalments, the Customer must submit a claim to the Seller in accordance with para 9.
8. PASSING OF RISK
Risk in the Goods passes to the Customer upon actual or constructive delivery of the Goods to the Customer.
9. LOSS OR DAMAGE OR SHORTAGE OF GOODS IN TRANSIT
(a) The Seller is not responsible to the Customer for any loss or damage to Goods in transit caused by any event of any kind by any person (whether or not the Seller is legally responsible for the person who caused or contributed to that loss or damage).
(b) The Customer must notify the Seller at email@example.com of loss or damage or shortage of Goods delivered to the Customer, within seven (7) days of the date of receipt of the Goods. If any Goods received by the Customer are different to the Goods ordered, the Customer must notify the Seller within twenty-four (24) hours of the date of receipt of the Goods.
(c) Provided the Customer has notified the Seller in accordance with para 9(b) and the Seller is satisfied that the Customer has submitted a genuine claim, the Seller will replace the Goods which have been damaged or lost or the Goods which are different to the Goods ordered with equivalent or similar Goods.
(d) The Customer waives any claim for loss or damage or shortage of Goods or for Goods which are different to the Goods specified, if the Customer fails to notify the Seller within the period specified in para 9(b) above.
10. SENSITIVITY TO THE GOODS
If the Customer claims to be sensitive to the Goods, the Customer acknowledges and
(a) The Customer will discontinue using the Goods immediately;
(b) The Customer will promptly provide to the Seller at firstname.lastname@example.org, a full description of the claim, including contact details, such as the customer’s full name, address and phone number (“the customer’s claim”);
(c) Upon the Seller receiving the customer’s claim from the Customer, the Seller will investigate the customer’s claim and if the Seller is satisfied that the customer has a valid claim, the Seller may offer a refund for the goods.
11. WARRANTY AGAINST DEFECTS
11.1 The Seller makes no warranties or representations either express or implied, as to fitness, merchantability or any other matters of any kind or nature, except as expressly set forth herein.
11.2 The Seller (the provider of this warranty and whose full details are contained in para 12.4 herein below) warrants against defects in its Goods however such warranty is limited to the extent of the manufacturer’s factory warranty.
11.3 Para 11.2 will be operative so long as:
(a) Defects have arisen solely from faulty materials or workmanship;
(b) The Goods have not received maltreatment, inattention or interference by the Customer which has caused the alleged defect;
(c) Accessories of any kind used by the Customer in conjunction with the Goods are manufactured by or approved by the Seller; the Seller is otherwise entitled to assert that such have contributed to or caused the alleged defect; and
(d) The defective Goods are promptly returned at the Customer’s cost to the Seller with a defects claim, as further explained below.
11.4 Further to para 11.3, the Seller has no liability to remedy any defects in Goods or replace Goods where the damage arose from:
(i) Improper use by the Customer;
(ii) The use of accessories including consumables, which were not manufactured by the Seller;
(iii) Any contamination or leakages caused or induced by the Customer;
(iiii) Any modifications of the Goods by the Customer;
(v) Any misuse of the Goods by the Customer or anyone for whom the Customer has a legal responsibility (including a minor);
(vi) Any use or operation of the Goods outside of the physical or environmental specifications of the Goods;
(vii) Inadequate or incorrect skin preparation;
(viii) Inadequate or improper maintenance of the Goods; or
(ix) Fair, wear and tear of the Goods;
12. SELLER’S LIMITATION OF LIABILITY
12.1 Anything to the contrary herein notwithstanding, in no event shall the Seller’s liability to the Customer or any other party under or arising out of these Conditions of Sale for the purchase of Goods by the Customer from the Seller exceed the amount paid to the Seller by the Customer in respect of the applicable Goods to which such liability relates or during which such liability occurs.
12.2 The Seller shall not, under any circumstances, be responsible for any indirect, special, punitive or consequential damages, including, without limitation, loss of profits, business interruption or loss of goodwill, regardless of cause.
11.3 The Seller’s liability for a breach of a condition or warranty implied by or contained in any applicable legislation is limited to any one or more of the following at the Seller’s sole and exclusive discretion:
(i) The replacement of the Goods or the supply of equivalent Goods;
(ii) The repair of the Goods;
(iii) The payment of the cost of replacing the Goods
12.4 In order for the Customer to make a claim under the warranty against defects as contained in para 11, the Customer must notify the Seller at email@example.com as to the alleged claim (a defect claim). The Good(s) must be posted to the Seller (the provider of the warranty against defects) to the following address and at the Customer’s cost:
Auspect Skincare International LLC
C/O Brilliant Fulfillment LLC
1625 Crescent Circle, Suite 112
Carrollton, Texas 75006
Attn: Product Claims
For further information, the Seller may also be contacted at
12.5 In the event the Seller determines a Customer’s claim is valid, in addition to any remedy the Seller agrees to provide the Customer in accordance with the provisions herein and in accordance with any applicable legislation, the Seller agrees to reimburse the Customer for the Customer’s reasonable shipping costs incurred in returning the Good(s) to the Seller.
(a) Unless otherwise stated all prices quoted by the Seller for products are net, exclusive of tax and shipping and the Customer agrees to pay any tax and shipping in addition to the product price.
(b) If the Seller reserves the right to alter the price of Goods or Services at any time.
The purchase price in relation to Goods is payable immediately between the Customer and the Seller.
No order may be cancelled except with the written consent of the Seller and on terms which will indemnify the Seller against all losses. All cancellation requests are to be directed to firstname.lastname@example.org
The Customer indemnifies on a continuing basis and on a fully indemnity basis the Seller from and against any liability, loss, expense or demand for or arising from any false, misleading, deceptive or misdescriptive representation or statement made by the Customer in respect of the Goods to any person. This indemnity survives termination of this agreement by either party for any reason.
17. EXCLUSION OF REPRESENTATIONS AND ARRANGEMENTS
Except as referred to in para 11.1 herein, these terms and conditions supersede and exclude all prior and other discussions, representations (contractual or otherwise) and arrangements relating to the supply of the Goods or any part of the Goods including, but without limiting the generality of the foregoing, those relating to the performance of the Goods or any part of the Goods or the results that ought to be expected from using the Goods.
18. NO WAIVER
A waiver of either party hereto of any default or breach by the other of a provision hereof shall not be considered a waiver of any subsequent default or breach of the same or any other provision hereof. The failure of either party to object to or to take affirmative action with respect to any conduct of the other which is in violation of these Conditions of Sale shall not be construed as a waiver thereof, or of any future breach or subsequent wrongful conduct.
19. FORCE MAJEURE
If by reason of any fact, circumstance, matter or thing beyond the reasonable control of the Seller, including but not limited to fire, flood, war, riot, accident, strikes, acts of God, interruption of or delay in transportation, changes in laws or regulations, or any other causes beyond the Seller’s reasonable control, the Seller’s performance of any obligation in whole or in part is delayed, impracticable, or unduly burdensome, the Seller is relieved of that obligation under this agreement to the extent and for the period that it is so unable to perform and is not liable to the Customer in respect of such inability.
20. CUSTOMER ACKNOWLEDGEMENT
The Customer acknowledges that the above provisions of these Conditions of Sale are reasonable and reflected in the price and the Customer accepts the risks associated with these Conditions of sale and/or shall insure accordingly.
21. PLACE OF CONTRACT
(a) These Conditions of Sale and each contract for sale of the goods shall be governed by and construed and enforced in accordance with the laws of the State of Texas, without regard to principles in respect of conflict of law.
(b) The parties consent to the exclusive jurisdiction in the state and federal courts in the State of Texas with respect to any claim arising out of or related to these Conditions of Sale and each contract for the sale of Goods.