TERMS AND CONDITIONS OF USE
CAREFULLY READ AND UNDERSTAND THESE TERMS
ATTENTION: This is a binding Agreement (the "Agreement") between You, the individual or entity accessing, using or purchasing Product from this Website ("you," "your" or "Customer") and South Beach Skincare ("LifeCell," "we," "our" or "Company") the owner and administrator of this
IT IS STRONGLY RECOMMENDED THAT YOU REVIEW THIS DOCUMENT
Your 30 Day Trial Period will start when the order is placed. You will be responsible to pay Shipping and Handling charges for your first shipment of LifeCell. If you wish to cancel your order within your Trial Period, simply call 1-866-977-1412 and return your tube (even if it's empty!) within 30 days from shipping date and you will not be charged anything other than the shipping and handling fee. If you enjoy LifeCell, do nothing and at the end of your Trial Period your credit card provided today will be charged $189.00 and you will automatically be enrolled in the LifeCell VIP Discount Club. This means that in approximately 30 days from the end of your Trial Period and every 60 days thereafter, you will be shipped a new 2 months supply of LifeCell for the low VIP price of $149.00 per tube with FREE shipping for domestic customers. This is a reoccurring order which is more fully described below in section 2. Remember, you can cancel at any time by contacting our Customer Care Department at 1-866-977-1412 or visit us online at www.lifecellskin.com. Today's charges and future charges will appear on your credit card as South Beach Skincare/Lifecell or Life cream. In addition to free enrollment in the VIP Replenishment Service, you will also be subscribed to our LifeCell Mailing List to receive occasional emails about new products, promotions, and free beauty and skin care tips.
Note: When using a debit/gift card, your bank may authorize your card
for $189.00 by creating a "pending transaction" on your account. If
you see this on your account, it's only a temporary authorization and
will disappear in a few days. It is NOT a charge. We do not charge
your card (besides S/H) for 30 days.
PLEASE READ THE FOLLOWING SECTION CAREFULLY. THE FOLLOWING SECTION DISCUSSES A NEGATIVE BILLING OPTION INVOLVING THE PRODUCT(S) YOU ORDER FROM THE COMPANY. AS DISCUSSED IN GREATER DETAIL BELOW, YOU WILL BE LIABLE FOR PAYMENT OF PRODUCT THAT WAS SHIPPED TO YOU, AND PAYMENT FOR FUTURE SHIPMENTS OF PRODUCT, UNLESS YOU NOTIFY US TO STOP SUPPLYING THE PRODUCT TO YOU.
If you experience any delays in the delivery of your LifeCell, you may contact our Customer Care department at 1-866-977-1412 or visit us online at www.lifecellskin.com
If you are not satisfied with the Product for any reason and wish to cancel prior to the expiration of the 30 Day Trial Period, simply contact our Customer Care department at 1-866-977-1412 or visit us online at www.lifecellskin.com and cancel your order. You will never be billed again and incur no further charges or fees, beyond shipping and handling, as long as you return the Product within 30 days from shipping date (even if it is empty). No commitments, no hassles. Please note that we cannot process packages marked "Return to Sender." Returned packages require a Return Merchandise Authorization (RMA) number to ensure accurate processing. For more information, please see the "PRODUCT RETURN" section below for simple instructions on how to return the Product and how to avoid getting charged for Product that you want to return.
Unless you contact our Customer Care Department at 1-866-977-1412 or visit us online at www.lifecellskin.com to cancel your bi-monthly subscription, you will continue to receive a fresh 60 day supply of LifeCell every other month, and your credit card on file will be automatically charged. Your request for cancellation, whether by phone or email, will be processed immediately; however, you will be responsible for payment of any Product that has either already been shipped to you or that has already been delivered to you at the time of your cancellation. If you request a cancellation within the 30 Day Trial Period and return the Product to us using your RMA number, described below, within thirty (30) days from the shipping date, you will not be charged for any Product and will only be charged the shipping and handling fees. (Please see the "Trial Terms and Conditions" section, above, and the "Product Returns" section below).
Regardless of whether you cancel your order within the Trial Period or not, you will be responsible to pay the shipping and handling charges that you selected upon ordering the Product. Your credit card on file will be billed for this amount, and you agree to pay such amount regardless of whether you cancel your Trial Order in a timely fashion or not. However, if you have encountered an error in your order Company may, at its discretion, refund your Shipping and Handling. If you suspect any errors in your order, please contact our Customer Care Department at 1-866-977-1412 or visit us online at www.lifecellskin.com.
Company reserves the right to reduce pricing without prior notice to you; however, 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 increased price amount.
Your order will be processed within 3 business days. Shipping time is estimated to be three to five (3-5) calendar days and is included in your 30 Day Trial Period, so you will have approximately twenty-five (25) calendar days to evaluate the Product. If you experience delays in the delivery of your LifeCell, you may contact our Customer Care department at 1-866-977-1412 or please visit us online at www.lifecellskin.com and request an extension of your Trial Period. Reasonable requests are normally granted, but this decision remains at the Company's sole discretion.
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 any button containing the words "I agree" or similar syntax, or by merely accessing the Website, whether you have read these terms or not. It is suggested that you print this form for your personal records.
For your convenience and benefit, Company may temporarily reduce the price of your order for promotional purposes, or to ensure that your purchase order transaction is capable of being processed by your credit card company or processor. If Company reduces the price of the Product as described herein, you will be billed at the reduced price until the promotional period ends or Company is assured of payment by your credit card company or its processor, after which time the Product price will be restored to its usual price, without prior notice to you. If your order is processed at the reduced price a new billing cycle will begin from the date of the new payment processing.
If you are unsatisfied with LifeCell for any reason, simply cancel your order by contacting our Customer Care department at 1-866-977-1412 or please visit us online at www.lifecellskin.com before your 30 Day Trial Period expires. Upon contacting Company and cancelling your order, you will be provided with a Return Merchandise Authorization ("RMA") number. After canceling your order, you must return the unused portion of the Product, or if it is empty, just return the empty tube to our Company. You must write the RMA number on the return packaging in order to avoid being billed for the Product. If you follow the procedures outlined in this paragraph, you will not be charged for the Product you received during the 30 Day Trial Period.
7.1. How to Return Your Trial Order
To return a Product for an exchange due to shipping damage or when cancelling your order during your 30 Day Trial Period, you will need to obtain a Return Merchandize Authorization ("RMA") number by contacting the Customer Care Department at 1-866-977-1412 or please visit us online at www.lifecellskin.com.
The condition of your reorder must be unused and returned within 15 days from order date. Exceptions may apply at the descrection of the Company. You may return reorders by marking the package "Refused: Return to Sender" and RMA numbers are not needed.
When we ship the Product 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. We do not refund or credit shipping charges for any monthly or bi-monthly shipments.
Please note that our Customer Care Department (available at 1-866-977-1412 or online at www.lifecellskin.com) can help you alter your delivery schedule if you need to modify the automatic 60 day delivery schedule.
If you believe that you have been billed in error, please notify our Customer Care Department at 1-866-977-1412 or please visit us online at www.lifecellskin.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 Company mission to provide our customers with the finest Products available. We believe in the efficacy of the Products we sell. You understand, however, that the statements on the Website, promotional materials and the Product have not been evaluated by the United States Food and Drug Administration, and the Product 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. We want you to have the most accurate information concerning the Product. The information we communicate to you about the Product and/or its efficacy is obtained from independent 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 Product 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 the Product 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, the Product. 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 and keeping such information (and any passwords given to you for the purposes of accessing the Website and/or purchasing Products) secure against unauthorized access. Unless agreed otherwise or required by applicable law, any warranties provided in relation to the Product only extend to you on the understanding that you are a user, and not a reseller, of the Product. You shall not re-sell, re-distribute or export any Product that you order from the Website.
We shall not be liable and you shall not be entitled to reject Product delivery, except for damage to the Product or any part thereof occurring in transit (where the Product is carried by our own transport or by a carrier on our behalf), and where we are notified of such damage within five (5) business days of your receipt of the Product.
TO THE MAXIMUM EXTENT LEGALLY PERMITTED, WHETHER OR NOT COMPANY WAS AWARE OR ADVSED 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 THE PRODUCTS 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. THE PRODUCTS ARE 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 harmless Company, its officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, 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 the 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 e-mail 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.lifecellskin.com. In the case of sending notices to you, Company will use the email address you provided to Company when you ordered your Product. 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 the Product should we believe that you have violated any of the terms of this Agreement or if we believe you have sought, in bad faith, charge backs, credit backs, Product returns, discounts or any other conduct designed to injure, harass or disrupt this Website or the Company's 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 reserve the right to cooperate with authorities to prosecute offenders to the fullest extent of the law.
If you purchase any Products available on our websites, you will be responsible for paying any sales tax indicated on the Web Site.
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 Product. 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.