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).
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.
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.
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.
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.
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.
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.
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.