TERMS & CONDITIONS
Please review this Agreement carefully. If you do not agree to all of the terms of the Agreement, you are NOT AUTHORIZED to access or use the Website or to purchase products or services from the Website
You acknowledge that this Agreement is legally binding and governs your use of the Website and the purchase of any products and services. When you submit an order for a product or service, you are certifying that you have read, understood, and agree to be bound by, all of the terms in the Agreement.
TRIAL USE OFFER AND SUBSCRIPTION:
To help you get started, we offer our customers not only a 14 day trial use ofXtra Lash, but also an automatic enrollment in the Company’s monthly home delivery program (“Subscription”). We want you to try the Product to determine if it is right for you. When you submit your order, you will receive the Product, subject to a 14 day trial use period, together with a Subscription. You agree to pay the non-refundable discounted Shipping & Handling cost of $6.95 for a trial of the Product (i.e., which will contain a 30 day supply).
If for any reason, you do not find that the Product is right for you, you may call our Customer Service center (i.e, at 1-877-880-7729 or the number shown on your bank statement) to process a written cancellation, or simply send an email with the written subject heading “Cancellation”, to firstname.lastname@example.org. If you cancel your Subscription before the end of the 14-day trial use period you will received RMA # by email to return the product within 30days from the date RMA issued if we received the product with-in 30days we will not charge the full price for the Product. Your 14-day trial use period begins from the order date. Our products are normally delivered within 3 to 5 business days from the order date. If you do not receive your Product within 5 business days after placing an order, please contact a Customer Service representative. Our Customer Service staff will provide an estimated delivery date and tracking information.
If you do not cancel, in writing, before the end of the 14-day trial use period, you will be charged the full $109.00 retail purchase price for the Product received (i.e., to your credit/debit card on file) and you will be automatically enrolled for a Subscription.
Subscription – Customers enrolled for a Subscription will automatically receive a 30 day supply of the Product approximately every 30 days, without any further action on your part. As consideration for each 30 day supply, we will charge your credit/debit card the retail purchase price amount of $115.95 ($109.00 + $6.95 Shipping & Handling) beginning on the 30th day from the order date and every 30 days continuously thereafter until you choose to cancel your Subscription in writing. This constitutes your only notice of the Subscription delivery/billing schedule and no further notice will be sent to you by the Company. To cancel your Subscription at any time, you may call our Customer Service center (i.e, at email@example.com, or at the number shown on your bank statement) to process a written cancellation, or you may simply send an email or letter to the Company with the subject heading “Cancellation” requesting that the same be cancelled.
BY COMPLETING AN ORDER, YOU ACKNOWLEDGE, UNDERSTAND AND AGREE THAT THIS CONSUMER TRANSACTION INVOLVES A NEGATIVE OPTION (I.E., ENROLLMENT FOR A SUBSCRIPTION), AND THAT YOU MAY BE LIABLE FOR THE PAYMENT OF FUTURE PRODUCTS AND SERVICES UNDER THE TERMS HEREOF IF YOU FAIL TO NOTIFY THE COMPANY IN WRITING NOT TO SUPPLY THE PRODUCTS OR SERVICES DESCRIBED. YOU MAY CANCEL THE SUBSCRIPTION IN WRITING AT ANY TIME AS SPECIFIED ABOVE.
If you elect to cancel prior to the 14 day trial use (i.e., by notifying us in writing within 14 days of the order date) as stated above, you will not be charged for the Product (though the Company will not refund amounts paid for Shipping and Handling), your enrollment for a monthly Subscription will be cancelled, and you will not receive any further delivery of Product from the Company. You are only eligible to receive one (1) 14 day trial use from the Company.
If you elect to cancel after the 14 day trial use (i.e., by notifying us in writing after 14 days of the order date), you may still cancel your Subscription; however, you will NOT be entitled to a refund for any Product delivered or any payment(s) for such and you will remain liable for any unpaid charges billed through the date of your cancellation (which shall be effective upon the Company’s receipt of written notice of cancellation). Future monthly shipments of Product will be cancelled.
If you are not completely satisfied with the Product, you may contact us by telephone at (US) 1-855-294-1035, or at the numbers shown on your bank statement, and a Customer Service representative will assist you. By completing an order, you acknowledge, agree and understand that cancellation in writing of the Subscription is your sole responsibility and that these Terms and Conditions set forth your sole right and remedy with respect to any dispute with the Company arising out of any charges or cancellation.
BILLING / ELECTRONIC SIGNATURE:
In consideration of the Company’s delivery of the Products you order, you agree to timely pay the purchase price and related costs (i.e., Shipping and Handling) when such sums are due and owing. You may choose to pay with a credit or debit card. The Company's authorization to ship and bill you for any Products ordered is obtained by way of your electronic signature. Once an order is electronically signed by you, the order constitutes an agreement for the purchase of the Products specified. You agree that the Company may rely upon your electronic signature as confirming your agreement to purchase the Products ordered. The Company's reliance upon your electronic signature is specifically sanctioned by the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act. Both laws specifically preempt all state laws that recognize only paper and handwritten signatures, which shall hereby be deemed waived by you.
All Products purchased by you from the Company are further subject to the terms of a shipment contract and the risks of loss and title for such Products pass to you upon the Company’s delivery of the Products to the carrier for your benefit.
Given the nature of the Product, refunds can only be processed in writing for unused Product timely returned in an acceptable condition (i.e., suitable for resale). If you are not happy with your purchase, please call our Customer Service center at (US) 1-877-880-7729, or at the numbers shown on your bank statement, and a Customer Service representatives will assist you in processing any eligible refund request pursuant to the Company’s Refund Policy. You acknowledge that failure to follow the Refund Policy may result in our inability to authorize or process a refund. Adherence to the terms of the Refund Policy is strictly required and your sole responsibility.
No refund will be given for any unused Product returned more than fourteen (14) days after the Company’s shipment thereof to you or returned in an unacceptable condition (i.e., unsuitable for resale), unless it was damaged by the Company prior to or during shipment to you. You have a duty to inspect all Product deliveries upon receipt and timely return any non conforming Products to the Company as set forth above. All unused Products that are timely returned in an acceptable condition may be eligible for a refund, subject to a restocking fee of twenty dollars($20) or twenty percent (20%) of the purchase price, whichever is greater (“Restocking Fee”). If the Product was damaged by the Company prior to or during shipment, a Restocking Fee may not apply. The refund amount will be equal to the purchase price for the accepted, returned Product minus the Restocking Fee.
To properly ensure the processing of a refund, and as a requirement of our Refund Policy, you are required to call our Customer Service center to obtain a Return Merchandise Authorization (“RMA”) Number and to process any refund request in writing with specific reference to the RMA. Packages simply marked “Return to Sender” or “Refused”, etc. will NOT be considered eligible for refunds. A refund request will require 3 to 5 business days for approval. By completing an order, you acknowledge, understand and agree to be bound by the Refund Policy as stated herein. You also acknowledge and understand that adherence to the Refund Policy is strictly required and your sole responsibility.
US :14925 Heritage Crest Way Bluffdale, UT - 84065
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY:
THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED BY COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE AND/OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY PRODUCT, INCLUDING DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
LIMITED REMEDIES; DISPUTE RESOLUTION:
Except as otherwise provided herein, this Agreement confirms that the Company’s sole legal responsibility and liability for any Product timely rejected and returned (i.e., for untimely or non delivery, for nonconforming Products, for mishandling or Product defects of any kind) shall be to refund the purchase price paid for, or to replace, any Product, at the option of the Company.
Any dispute concerning any term of this Agreement shall be resolved solely and exclusively by arbitration to be held in Salt Lake County, State of Utah by a single disinterested arbitrator with the American Arbitration Association and pursuant to Utah law, which shall be deemed to govern this Agreement the benefits of which are acknowledged by you. Except as may be required to enforce an arbitration decision, you and the Company expressly waive the right to file any legal action in any other state or federal court or before any other tribunal, and the right to a trial by jury. Each party to such arbitration shall be responsible for its own attorneys’ fees and costs regardless of the outcome of the arbitration.
ACCEPTANCE OF AGREEMENT:
You agree to the terms and conditions of this Agreement. This Agreement constitutes the entire and only agreement between you and Company with respect to your use of the Website and purchase of our Products, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect thereto. The content contained herein and/or the analyses, research, opinions and other information provided by or through the Website, through Customer Support, or through any other agent of the Company may be updated and/or amended from time to time, in whole or in part, at any time without specific notice to you. The latest terms of this Agreement will be posted on the Website. Your continued use of the Website and/or receipt of new Products delivered to you following any updates or amendments shall constitute your acceptance of all of the terms and conditions contained within the Agreement in effect at that time. You agree to and shall regularly check the Website for such updates and/or amendments. Unless expressly stated otherwise, any future offer(s) or product(s) made available to you by the Company on the Website shall be subject to the terms of this Agreement at the time of your purchase. The Company is not responsible or liable in any manner whatsoever for your inability to use the Website and/or to order Products. The Website and Products offered are available only to individuals who are at least eighteen (18) years of age and/or who can enter into legally binding contracts under Utah law. The Company reserves the right, in its sole discretion, to deny any order of anyone at any time and for any reason, whatsoever. You certify that you are eighteen (18) years of age and agree to provide true, accurate, current and complete information when asked for such information.
If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
NOTICE - INTERNET TECHNOLOGY AND THE APPLICABLE LAWS, RULES AND REGULATIONS CHANGE PERIODICALLY. ACCORDINGLY, THE COMPANY RESERVES THE RIGHT TO MAKE CHANGES TO THIS TO WEBSITE AT ANY TIME. YOUR CONTINUED USE OF THE WEB SITE CONSTITUTES YOUR AGREEMENT TO ANY NEW OR AMENDED PROVISION OF THIS AGREEMENT THAT MAY BE POSTED ON THE WEB SITE.
NOTICE - THE COMPANY IS NOT A COVERED ENTITY FOR PURPOSES OF THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (“HIPAA”), NOR IS THE INFORMATION PROVIDED BY YOU TO COMPANY CONSIDERED PROTECTED HEALTH INFORMATION UNDER HIPAA. AS SUCH, THE ADDITIONAL PRIVACY AND SECURITY PROTECTIONS AFFORDED TO CONSUMERS/PATIENTS UNDER HIPAA ARE NOT CONTEMPLATED BY, NOR CONTAINED WITHIN, THIS AGREEMENT.
Contact Us. If you have any questions about the Agreement, Product and/or about the practices of Company, please feel free to call a Customer Service representative at (US) 1-877-880-7729 during normal business hours.