Terms & ConditionsSummary of Continuity Plan1. Orders/Billing. In consideration for the Products you order from South Beach, you agree to pay the sums listed below at the time such sums are due and owing: OPTION 1: One 40-day supply of LifeCell anti-aging cream for the sum of $189.00, if you are a domestic customer. If you are International customer, there will be at least $15 shipping charge unless a different shipping option is chosen. If you are domestic customer, this charge will be settled on your credit card statement or debit statement 30 days from the date of the Order unless You return the package and unused portion. If you are an international customer, this charge will appear on your credit card statement or debit statement 1-2 days after the product is shipped. If you return the package and unused portion of the product within 120 days from the date of purchase, you will receive a personal check from the company or credit to your account for a full refund of $189.00. If you use PayPal or Google Checkout to pay for the product, your account is charged on the date you place your order. Regardless, all other conditions and guarantees apply to PayPal or Google Checkout customers. OPTION 2: If you enroll in South Beach Skincare's convenient and hassle-free "Home Delivery Plan" and have a freshly-formulated LifeCell sent to your doorstep every 40 days. You will receive: $40 discount off the regular price of LifeCell on all future shipments which will be automatically charged to your credit card or debit card in the sum of $149. Shipping is free for domestic customers and there is at least $15 shipping charge for international customers unless a different shipping method is chosen or requested. There are no refunds for reorders unless You return the product NEW with unbroken seal within 30 days of the shipping date. In such case there will be a full refund minus $8 s/h cost for domestic customers or a full refund minus $15 or other s/h cost for international customers. Any order placed after the initial order is considered a reorder.
You understand there are no enrollment fees, and the original purchase is backed by South Beach Skincare's 120-day Guarantee. And if, for any reason, you are not totally satisfied with the original purchase of LifeCell, you must call or email your request to be immediately taken off the Home Delivery Plan. Our email address is [email protected] and our telephone number is 866-977-1412. MULTIPLE UNIT PURCHASES: If you purchase more than one unit initially, you authorized the credit card charge for all units at the time of your initial order. You understand and agree that "Option 2"program involves a continuity program and that you may be liable for future payments of goods and services, under the terms of this agreement. If you fail to notify us to not supply the products you ordered, beginning on the 35th day your credit card or debit card will automatically be charged.
If you fail to make any scheduled payment, such overdue amounts will be subject to interest charges in the amount of one and one half percent (1.5%) per month, compounded monthly. Automatic shipments to you may be stopped for non-payment. South Beach's authorization to provide and bill you is obtained by way of your electronic signature. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency. South Beach'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.
2. Cancellation and Returns. A. Cancellation of Continuity Program. You may cancel your continuing shipments at any time if you are not completely satisfied with the product by notifying South Beach at [email protected]. However, unless you are canceling pursuant to the 120 Day Money Back Guarantee for the first order, we will not refund any amounts previously paid up to the date of cancellation or termination, you shall not receive any pro-rata refund for partial months and you remain liable for any and all unpaid charges billed through the date of cancellation. You understand and agree that cancellation of the continuity program is your sole right and remedy with respect to any dispute with South Beach. B. Return Policy. If you are not fully satisfied with any future shipments, you may return any unopened containers with unbroken seal within 30 days of the shipping date for a full refund less the $8 s/h charge or expedited shipping and handling costs for domestic customers. For international customers there will be a full refund issued minus any shipping and handling cost. Please note that to cancel future automatic orders you must notify South Beach at [email protected].
Return Address:
701 n Federal Highway, 4th Floor Terms and ConditionsThank you for visiting the South Beach Skincare, Inc. ("South Beach") website ("Website"). This Website is intellectual property of South Beach Skincare, Inc. ("South Beach," "we," or "us"). By accessing this Website, purchasing products or services from this Website you agree to the following Website Terms and Conditions ("Terms and Conditions"). The South Beach Skincare, Inc.'s Privacy Policy ("Privacy Policy") and any and all other posted operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, are expressly incorporated herein by reference (collectively, the "Agreement"). Please review the Agreement carefully. If you do not agree to the terms and conditions contained within the Agreement in its entirety, you are not authorized to use the Website or purchase products from the website in any manner or form whatsoever. INTERNET TECHNOLOGY AND THE APPLICABLE LAWS, RULES, AND REGULATIONS CHANGE FREQUENTLY. ACCORDINGLY, WE RESERVE 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 MODIFIED PROVISION OF THIS AGREEMENT THAT MAY BE POSTED ON THE WEB SITE. SOUTH BEACH 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 SOUTH BEACH SKINCARE, INC. 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, THE AGREEMENT. The information presented on the Website is provided for informational purposes only and is in no way intended as a substitute for professional medical advice, diagnosis or treatment. This information and the products provided should only be used in conjunction with the guidance and care of your physician. Consult your physician before taking any supplements offered on or through the Website. Always seek the advice of your physician or other qualified health care provider if you have any questions regarding your health or medical condition.
1. Acceptance of Agreement. You agree to the terms and conditions outlined in the Agreement with respect to your use of the Website including, but not limited to, your purchase of Online Products through this Website. This Agreement constitutes the entire and only agreement between you and South Beach with respect to your use of the Website and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to your use of the Website, the content contained therein and/or the analyses, research, opinions and other information provided by or through the Website. South Beach may change the Agreement, in whole or in part, at any time without specific notice to you. The latest Agreement will be posted on the Website. Your continued use of the Website following posted notice constitutes your acceptance of all of the terms and conditions contained within the Agreement in effect at that time. Therefore, you should regularly check this page for updates and/or changes. Unless explicitly stated otherwise, any future offer(s) or product(s) made available to you on the Website that augment(s) or otherwise enhance(s) the current features of the Website shall be subject to the Agreement posted at the time of your purchase. South Beach is not responsible or liable in any manner whatsoever for your inability to use the Website and/or obtain any Online Products. The Website and Products offered are available only to individuals who are at least eighteen (18) years of age and can enter into legally binding contracts. South Beach 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 prompted for such information.
2. Orders/Billing. In consideration for the Products you order from South Beach, you agree to pay the sums listed below at the time such sums are due and owing: OPTION 1: One 40-day supply of LifeCell anti-aging cream for the sum of $189.00, if you are a domestic customer. If you are International customer, there will be at least $15 shipping charge unless a different shipping option is chosen. If you are domestic customer, this charge will be settled on your credit card statement or debit statement 30 days from the date of the Order unless You return the package and unused portion. If you are an international customer, this charge will appear on your credit card statement or debit statement 1-2 days after the product is shipped. If you return the package and unused portion of the product within 120 days from the date of purchase, you will receive a personal check from the company or credit to your account for a full refund of $189.00. If you use PayPal or Google Checkout to pay for the product, your account is charged on the date you place your order. Regardless, all other conditions and guarantees apply to PayPal or Google Checkout customers. OPTION 2: If you enroll in South Beach Skincare's convenient and hassle-free "Home Delivery Plan" and have a freshly-formulated LifeCell sent to your doorstep every 40 days. You will receive: $40 discount off the regular price of LifeCell, and all future shipments automatically charged to your credit card or debit card in the sum of $149. Shipping is free for domestic customers and there is at least $15 shipping charge for international customers unless a different shipping method is chosen or requested. There are no refunds for reorders unless You return the product NEW with unbroken seal within 30 days of the shipping date. In such case there will be a full refund minus $8 s/h cost for domestic customers or a full refund minus $15 or other s/h cost for international customers. Any order placed after the initial order is considered a reorder.
You understand there are no enrollment fees, and the original purchase is backed by South Beach Skincare's 120-day Guarantee. And if, for any reason, you are not totally satisfied with the original purchase of LifeCell, you must call or email your request to be immediately taken off the Home Delivery Plan. Our email address is [email protected] and our telephone number is 866-977-1412. MULTIPLE UNIT PURCHASES: If you purchase more than one unit initially, you authorized the credit card charge for all units at the time of your initial order. Only one unit is eligible for the 120-Day money back guarantee. You understand and agree that "Option 2" program involves a continuity program and that you may be liable for future payments of goods and services, under the terms of this agreement. If you fail to notify us to not supply the products you ordered, beginning on the 35th day your credit card or debit card will automatically be charged.
If you fail to make any scheduled payment, such overdue amounts will be subject to interest charges in the amount of one and one half percent (1.5%) per month, compounded monthly. Automatic shipments to you may be stopped for non-payment. South Beach's authorization to provide and bill you is obtained by way of your electronic signature. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency. South Beach'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.
2. Cancellation and Returns. A. Cancellation of Continuity Program. You may cancel your continuing shipments at any time if you are not completely satisfied with the product by notifying South Beach at [email protected]. However, unless you are canceling pursuant to the 120 Day Money Back Guarantee for the first order, we will not refund any amounts previously paid up to the date of cancellation or termination, you shall not receive any pro-rata refund for partial months and you remain liable for any and all unpaid charges billed through the date of cancellation. You understand and agree that cancellation of the continuity program is your sole right and remedy with respect to any dispute with South Beach. B. Return Policy. If you are not fully satisfied with any future shipments, you may return any unopened containers with unbroken seal within 30 days of the shipping date for a full refund less the $8 s/h charge or expedited shipping and handling costs for domestic customers. For international customers there will be a full refund issued minus any shipping and handling cost. Please note that to cancel future automatic orders you must notify South Beach at [email protected].
Return Address:
701 n Federal Highway, 4th Floor
4. Disclaimer of Warranties. THE WEBSITE, THE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, SOUTH BEACH MAKES NO WARRANTY THAT THE WEBSITE, THE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) WILL HAVE SECURITY METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE WEBSITE, OR AGAINST INFRINGEMENT; (E) WILL RESULT IN ANY SPECIFIC HEALTH-RELATED OUTCOME; AND/OR (F) WILL BE ACCURATE OR RELIABLE. THE WEBSITE, THE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. SOUTH BEACH IS NOT LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SOUTH BEACH OR OTHERWISE THROUGH OR FROM THE WEBSITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
5. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT SOUTH BEACH SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES EVEN IF SOUTH BEACH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE WEBSITE, THE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS PURCHASED OR OBTAINED FROM OR THROUGH THE SITE; (C) THE FAILURE TO RELALIZE ANY SPECIFIC RESULT FROM USE OF THE PRODUCT OR HEALTH-RELATED OUTCOME; AND (D) ANY OTHER MATTER RELATING TO THE WEBSITE, THE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE SOUTH BEACH FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF SOUTH BEACH TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE THE AMOUNT YOU PAID FOR THE PRODUCTS ORDERED AND PAID FOR ON THE WEBSITE. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE WEBSITE, THE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND SOUTH BEACH. ACCESS TO THE WEBSITE AND/OR THE PRODUCTS WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS SOUTH BEACH LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
6. Copyright and Trademarks. All logos, page headers, custom graphics and icons are trademarks and/or service marks owned by South Beach. All other trademarks, product names, company names and logos appearing on the Website are the property of their respective owners. The Website contains information, data, software, photographs, graphics, videos, text, images, typefaces, sounds and other material (collectively "Content") that are protected by copyrights, trademarks or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is copyrighted as a collective work under the United States copyright laws, and South Beach owns a copyright in the selection, coordination, arrangement and enhancement of such Content. All rights to such Content are reserved to their respective copyright owners. Except as permitted by the fair use privilege under United States copyright laws, you may not upload, post, reproduce or distribute in any way the Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. Any other use of the Content available on our Website, including reproduction for purposes other than as noted above, modification, distribution, replication, commercial or other use, without our prior written permission, is strictly prohibited.
7. Indemnification. You agree to indemnify and hold South Beach, its parents and subsidiaries, and each of their respective members, officers, directors, employees, agents, co-branders, content licensors and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys' fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Website; (b) your breach of the Agreement; and/or (c) your violation of any rights of another individual and/or entity.
8. Third Party Websites. The Website or our newsletter may contain links to other websites on the Internet that are owned and operated by third parties. South Beach does not control the information, products or services available on these third party websites. The inclusion of any link does not imply endorsement by South Beach of the applicable website or any association with the website's operators. Because South Beach has no control over such websites and resources, you agree that South Beach is not responsible or liable for the availability or the operation of such websites, for any material located on or available from any such websites or for the protection of your data privacy by third parties. Any dealings with, or participation in promotions offered by, advertisers on the Website, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable advertiser or other third party. You further agree that South Beach shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site or any such dealings or promotions.
9. General Provisions. The Agreement shall be treated as though it were executed and performed in the State of Florida and shall be governed by and construed in accordance with the laws of the State of Florida without regard to conflict of law principles. Should a dispute arise concerning the terms and conditions of the Agreement or the breach of same by any party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in South Beach, Florida in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. The Agreement is personal between you and South Beach and governs your use of the Website. South Beach's failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.
10. Overdraft Fees. Overdraft fees. In the event of overdraft of customer's account due to a charge for an original order or a reorder, the company is not liable for any customer's overdraft fees.
11. Contact Us. If you have any questions about the Agreement or about the practices of South Beach Skincare, Inc., please feel free to contact us at:
701 n Federal Highway, 4th Floor
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