TERMS AND CONDITIONS OF SERVICE AND SALE
CAREFULLY READ AND UNDERSTAND THESE TERMS
ATTENTION: This is a binding Agreement (the "Agreement") between a consumer (“you” “your” or
“Customer”) accessing or using this Website and South Beach Skin Care, Inc. d/b/a www.buylifecell.com ("we," "our" or "Company") the owner and administrator of this Website and all content contained
herein (collectively, "Website").
PLEASE READ THE FOLLOWING SECTION CAREFULLY. THE FOLLOWING SECTION DISCUSSES YOUR INITIAL PURCHASE AND RECURRING ORDERS. YOU WILL BE LIABLE FOR PAYMENT FOR THE LIFECELL PRODUCT THAT WAS SHIPPED TO YOU, AND PAYMENT FOR FUTURE SHIPMENTS OF LIFECELL, UNLESS YOU NOTIFY US TO STOP RECURRING ORDERS OF THE PRODUCT. YOU MAY AT ANY TIME TERMINATE THE SALE TO YOU OR ADJUST THE TIME PERIODS YOU ARE REQUESTING THE SHIPMENTS. The price of your initial order and subscription terms depends on the offer chosen at checkout. Offers available are:
For your convenience, you have authorized us to charge the credit card you provided us for your initial order. If you have chosen a subscription, your authorization to charge the credit card will continue until you cancel future orders. You will receive a reminder email from us every fifty-seven (57) days in the event you need to change your order or wish to cancel further orders. You may cancel your order at any time.
2. RECURRING ORDERS, CANCELING AND RETURN POLICY
If you wish to change your order or cancel any order, you may contact our Customer Care department at (877) 393-8303 or +1 (954) 376-4314 or visit us online at www.buylifecell.com Unless you contact our Customer Care Department at (877) 393-8303 or +1 (954) 376-4314 or visit us online at www.buylifecell.com to cancel your bi-monthly orders, we will continue to ship a fresh 60 day supply of LifeCell every other month, and the credit card on file will be charged. Your request for cancellation, whether by phone or email, will be processed immediately and you will receive an email confirmation of the cancellation; however, you will be responsible for payment of any LifeCell product that has either already been shipped to you or that has already been delivered to you at the time of your cancellation.
You have authorized your order and credit card on file to be billed for the initial order. If you have encountered an error in your order we may, at our discretion, refund your Shipping and Handling. If you suspect any errors in your order, please contact our Customer Care Department at (877) 393-8303 or +1 (954) 376-4314 or visit us online at www.buylifecell.com
We reserve the right to reduce pricing without prior notice to you. However, if we are required to increase the price, you will be notified in advance and we will request you confirm the increased price and your agreement. You will always have the right to cancel an order and get a refund of your purchase price if you do not agree to pay any reduction or increase in the price amount.
Your order will be processed within 3 business days. Shipping time is estimated to be three to five (3-5) calendar days. If you experience delays in the delivery of your LifeCell, you may contact our Customer Care department at (877) 393-8303 or +1 (954) 376-4314 or please visit us online at www.buylifecell.com
These terms and conditions apply to all transactions made on or through this Website. This Agreement is intended to be governed by the Electronic Signatures in Global and National Commerce Act. You manifest your agreement to the terms and conditions in this document by any act demonstrating your assent thereto, including clicking the submit button for the order, or by merely accessing the Website, whether you have read these terms or not. This includes your authorization to charge your credit card or debit your bank account. Please print these terms and conditions for your personal records. In addition, you consent to receive electronic communications from South Beach Skin Care, Inc. relating to your account. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receive certain other communications from us, such as newsletters special offers, promotional announcements and customer surveys via email or other methods. By placing an order with us, you will be deemed to have read, understood, and agreed to these Terms and Conditions of Use (collectively, "Terms"). If you do not agree to be bound by these Terms, you may not access or use the Website, or purchase any LifeCell product(s) through the Website. By accessing, using or ordering LifeCell product(s) through the Website, you affirm that you have read this Agreement and understand, agree and consent to all Terms contained herein.
You may return your initial order within 120 days of purchase for a full refund of the initial product. The product may be used in whole or partly. You must contact our customer service notifying us of your return and cancellation. Customer service will provide you with a Return Merchant Number to be placed in or on the package you return. Customer Service will confirm your request to return and cancel orders through the email address you provided. Upon receipt of the returned product, we will issue a full refund (less shipping and handling charges).
The condition of your reorder must be unused and returned within 30 days from the shipping date. Exceptions may apply at our sole discretion. You must return reorders by marking the package "Refused: Return to Sender" and the RMA number you are provided by Customer Service.
We are not responsible for lost or stolen items. We recommend all returned items to be sent using some type of third party delivery confirmation system to ensure proper delivery.
When we ship LifeCell to you, our Standard priority mail service is shipped via the combined services of the United States Postal Service and United Parcel Service. With our Expedited Priority Processing Option (if available), we will make your shipment our priority and ship your package out the same day for all orders placed before 1PM EST and the next day for all orders placed after 1PM EST (packages should arrive within three to five (3-5) business days). Please note that shipments are not sent out on Saturdays, Sundays, or any Holidays. We do not guarantee arrival dates or times.
Please note that our Customer Care Department (available at (877) 393-8303 or +1 (954) 376-4314 or online at www.buylifecell.com) can help you alter your delivery dates or cancel your orders.
If you believe that you have been billed in error, please notify our Customer Care Department at (877) 393-8303 or +1 (954) 376-4314 or please visit us online at www.buylifecell.com immediately. If we do not hear from you within 30 days after such billing error first appears on any account statement, the billing will be deemed accepted by you for all purposes, including resolution of inquiries made by your credit card issuer. You are deemed to have released Company from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to Company within thirty (30) days of its appearance on your credit card account statement.
It is our mission to provide our customers with the finest LifeCell Products available. We believe in the efficacy of LifeCell we sell. You understand, however, that the statements on the Website, promotional materials and the LifeCell product have not been evaluated by the United States Food and Drug Administration, and LifeCell is not intended to diagnose, treat, cure or prevent any disease. The information provided by our Websites or this Company is not a substitute for a face-to-face consultation with your health care professional and should not be construed as individual medical advice. Individual results will vary. The information we communicate to you about LifeCell and/or its efficacy is obtained from third parties such as educational institutions, scientific and news articles and agencies, nutritional specialists, scientific reports and researchers ("Information Sources"). We do not warrant or represent that Information Sources are not error-free, nor do we warrant any Information Source or the methods that they use to arrive at their conclusions. All LifeCell specifications, performance data and other information on our Websites are for informational and illustrative purposes only and do not constitute a guarantee or representation that LifeCell will conform to such specifications or performance data.
You represent that you are at least 18 years of age and that you will not permit a person under 18 to order, or use, LifeCell. You represent that the information provided by you when placing your order is up-to-date, materially accurate and sufficient for us to fulfill your order in a timely and efficient manner. You are responsible for maintaining and promptly updating your account information with us. Unless agreed otherwise or required by applicable law, any warranties provided in relation to LifeCell only extend to you on the understanding that you are a user, and not a reseller, of LifeCell. You shall not resell, re-distribute or export LifeCell that you order from the Website.
We shall not be liable and you shall not be entitled to reject LifeCell delivery, except for damage to LifeCell packaging or any part thereof occurring in transit and where we are notified of such damage within five (5) business days of your receipt of LifeCell.
TO THE MAXIMUM EXTENT LEGALLY PERMITTED, WHETHER OR NOT WEARE OR WERE AWARE OR ADVISED OF THE POSSIBILITY OF DAMAGES, AND WHETHER OR NOT THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE, OUR AGGREGATE LIABILITY (WHETHER FOR BREACH OF CONTRACT, TORT OR ANY OTHER LEGAL THEORY) SHALL IN NO CIRCUMSTANCES EXCEED THE COST OF LIFECELL YOU ORDERED. FURTHER, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, OR COST OF COVER. LIFECELL IS SOLD AND DELIVERED TO YOU "AS IS" WITH NO WARRANTY WHATSOEVER. EXCEPT AS EXPRESSLY STATED OTHERWISE IN THIS SECTION, WE MAKE NO EXPRESS WARRANTIES OR REPRESENTATIONS AND WE DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
You agree to defend, indemnify, and hold Us, our officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, harmless from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from your misuse of LifeCell or our Website, or your breach of any of these terms and conditions of this Agreement. We 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 we do not hear from you promptly, we reserve the right to defend such claim or suit and seek full recompense from you.
Any notice or other communications arising in relation to this Agreement shall be given by sending an email to the latest email address that one party has notified in writing to the other. In the case of Company, the email address can be found at www.buylifecell.com. In the case of sending notices to you, Company will use the email address you provided to Company when you ordered your LifeCell. Such notices or communications (where properly addressed) shall be considered received on the earliest of (i) the email being acknowledged by the recipient as received; (ii) receipt by the sender of an automated message indicating successful delivery or the email having been opened; or (iii) the expiry of forty-eight (48) hours after transmission, provided that the sender has not received notification of unsuccessful transmission.
We reserve the right to terminate your access to or use of this Website and/or your subscription to LifeCell should we believe that you have violated any of the terms of this Agreement or if we believe you have sought, in bad faith, chargebacks, credit backs, LifeCell returns, discounts or any other conduct designed to injure, harass or disrupt this Website or our business operations.
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 fully reserve the right to cooperate with authorities to prosecute offenders to the fullest extent allowable under applicable law.
If you purchase any LifeCell available on our websites, you will be responsible for paying any sales tax.
The Website, and all content appearing therein, are the sole and exclusive property of the Company or its licensors. No license or ownership rights in or to any content of the Website are conveyed to you by reason of this Agreement or your purchase of LifeCell. The Website and its content are protected under the laws of copyright and trademark. Unless otherwise permitted by law, you may not copy, republish or transmit any portion of the Website without Company's prior written consent.