TERMS OF SERVICE
CAREFULLY READ AND UNDERSTAND THESE TERMS BEFORE ORDERING ANY LIFECELL THROUGH THIS WEBSITE AS THESE TERMS ARE BINDING ON YOU.
ATTENTION: This is a binding Agreement (the "Agreement") between you, the individual or entity accessing, using or purchasing LifeCell from this Website ("you," "your" or "Customer") and South Beach Skin Care, Inc.("LifeCell," "we," "our" or "Company") the owner and administrator of this Website and all content contained herein (collectively, "Website").
1. TERMS AND CONDITIONS
A. Trial Terms and Conditions
Your 30 day Trial Period of LifeCell will start when the LifeCell is shipped. You will be responsible to pay Shipping and Handling charges for your first shipment. If you wish to cancel your order within your 30 day Trial Period, simply call 1-877-393-8303 and return the remaining LifeCell or empty container to us. If you enjoy LifeCell, do nothing and at the end of your Trial Period the 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 month supply of LifeCell for the low VIP price of $149.00 per tube with FREE shipping for domestic customers. By submitting your order today, you authorize us to charge your credit card every 60 days until you cancel further orders. 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 1-877-393-8303 and returning the product package to us or visit us online at http://www.lifecellskin.com/returns.php
Note: When using a debit/credit card, your bank will pre-authorize your card for $189.00 thereby 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. Thereafter, you authorize us to debit your account $149.00 per tube every 60 days for each 2 month shipment of LifeCell. Keep in mind all transactions on this website are in USD. If your financial institution operates with a currency other than USD, they may assess an international currency exchange fee.
B. Subscription Terms and Conditions
As a recurring order member, your First 30 day supply of LifeCell will start when the product is shipped to you. Thereafter every 30 days you will receive a new supply and the same price will be charged to your payment option. Shipping is free for domestic customers. By submitting your order today, you authorize us to charge your credit card every 30 days after we have sent your order until you cancel further orders. 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 1-877-393-8303 and returning the product package to us or visit us online at http://www.lifecellskin.com/returns.php
2. RECURRING ORDERS
PLEASE READ THE FOLLOWING SECTION CAREFULLY. THE FOLLOWING SECTION DISCUSSES A NEGATIVE BILLING OPTION INVOLVING LIFECELL PRODUCTS YOU ORDER FROM THIS WEBSITE. AS DISCUSSED IN GREATER DETAIL BELOW, YOU WILL BE LIABLE FOR PAYMENT FOR THE LIFECELL PRODUCT THAT WAS SHIPPED TO YOU, AND PAYMENT FOR FUTURE SHIPMENTS OF LIFECELL PRODUCTS, UNLESS YOU NOTIFY US TO STOP SUPPLYING THE LIFECELL TO YOU AND RETURN THE FIRST LIFECELL CONTAINER – EVEN IF IT IS EMPTY.
Trial Orders: If you do not cancel your order within the 30 Day Trial Period, you authorize us to charge your credit card $189.00. If after your 30 Day Trial Period you wish to continue to receive LifeCell, simply do nothing, and in approximately 30 days and continuing every 60 days thereafter (a Recurring Order), you'll be shipped out a fresh new 60 day supply of LifeCell for the low VIP price of $149.00 per tube with FREE shipping. For your convenience, you have authorized us to charge the credit card you provided us for your initial order for all subsequent orders and shipments. Your authorization to charge the credit card will continue until you cancel further orders.
Subscription Orders. After your first order and $94.50, you may cancel further orders at any time. If you do not cancel the order, you authorize us to send you a 30 days supply each 30 days and charge your payment source $94.50 each month. You may cancel or adjust these shipments at any time.
3. CANCELING ORDERS AND RETURN POLICY
If you experience any delays in the delivery of your LifeCell, you may contact our Customer Care department at 1-877-393-8303 or visit us online at http://www.lifecellskin.com/returns.php
3.1 How to Cancel Your Order
If you are not satisfied with LifeCell for any reason and wish to cancel, simply contact our Customer Care department at 1-877-393-8303 or visit us online at http://www.lifecellskin.com/returns.php and cancel your order. If you are on a Trial Period then you must return the container to us – even if it is empty. You will never be billed again and incur no further charges or fees, beyond shipping and handling. No commitments, no hassles. However, if you fail to return the container to use within the 30 day trial period, we will charge you subject to a refund when we receive the container. Please note that we cannot process packages marked "Return to Sender” without a Return Merchandise Authorization (RMA) number to ensure accurate processing. For more information, please see the "LIFECELL RETURN" section below for simple instructions on how to return LifeCell and how to avoid getting charged for LifeCell that you want to return.
3.2 How to Cancel Your Order AFTER a 30 Day Trial Period
Unless you contact our Customer Care Department at 1-877-393-8303 or visit us online at http://www.lifecellskin.com/returns.php to cancel your bi-monthly subscription, you will continue to receive a fresh 60 day supply of LifeCell every other month, and the 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 LifeCell that has either already been shipped to you or that has already been delivered to you at the time of your cancellation. If you return the product within 15 days of cancellation un-opened or in the original packaging with an RMA number, we will refund the product charges to your credit card. We do not refund shipping and handling charges. We do not refund product charges for return of any product in which the container has been opened.
3.3 Refund Policy for Shipping and Handling Charges
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 LifeCell. Your credit card on file will be billed for this amount, and you authorize this payment regardless of whether you cancel your Trial Order in a timely fashion or not. However, 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 1-877-393-8303 or visit us online at http://www.lifecellskin.com/returns.php.
3.4 Price Reduction or Increase
We reserve the right to reduce pricing without prior notice to you; however, if we have a price increase, you will always have the right to cancel an order and get a refund of the purchase price if you do not agree to pay the increased price amount.
3.5 Shipping Time
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 LifeCell. If you experience delays in the delivery of your LifeCell, you may contact our Customer Care department at 1-877-393-8303 or please visit us online at http://www.lifecellskin.com/returns.php and request an extension of your Trial Period. Reasonable requests are normally granted, but this decision remains at our sole discretion.
4. ELECTRONIC CONSENT
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 receiving electronic communications from LifeCell 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 receiving 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 of Service (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(s) through the Website. By accessing, using or ordering LifeCell(s) through the Website, you affirm that you have read this Agreement and understand, agree and consent to all Terms contained herein.
5. TEMPORARY PRICE REDUCTION
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 LifeCell 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 LifeCell 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.
Regardless of whether you timely cancel your order, Company will not refund or credit any shipping and handling charges for any LifeCell that was shipped to you.
6. LIFECELL RETURNS
6.1. How to Return Your Reorder (Reoccurring Order)
To return a product after reorder, you must call and cancel further orders and return the product in its original container un-opened within 15 days of cancellation and no later than 30 days from 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.
6.2 Return Address
Returned LifeCell must be sent to the following address:
South Beach Skincare, Inc.
Hollywood, FL 33020
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.
7. SHIPPING TERMS
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.
7.1 How to Alter Your Shipping Schedule
Please note that our Customer Care Department (available at 1-877-393-8303 or online at http://www.lifecellskin.com/returns.php and we can help you alter your delivery schedule if you need to modify the automatic 60 day delivery schedule.
8. BILLING ERRORS
If you believe that you have been billed in error, please notify our Customer Care Department at 1-877-393-8303 or please visit us online at http://www.lifecellskin.com/returns.php 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.
9. REPRESENTATIONS; DISCLAIMERS
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 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.
We do not guarantee that you will have any specific or particular result or benefit from the LifeCell, or that your experience will match those of others who use LifeCell. Individual results will vary from person to person.
10. YOUR REPRESENTATIONS
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 re-sell, re-distribute or export LifeCell that you order from the Website.
You agree to pay for LifeCell and any taxes, shipping or handling of LifeCell as such costs are specified by us on the Website when you submit your purchase order. Payment shall be made prior to delivery and by such methods as indicated on the Website (and not by any other means unless we have given our prior consent to such alternative payment methods).
11. REJECTION, DAMAGE OR LOSS IN TRANSIT
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.
12. LIABILITY LIMITATION
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 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 http://www.lifecellskin.com/returns.php 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, charge backs, 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 reserve the right to cooperate with authorities to prosecute offenders to the fullest extent of the law.
17. SALES TAX
If you purchase any LifeCell available on our websites, you will be responsible for paying any sales tax.
18. INTELLECTUAL PROPERTY RIGHTS
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.
19. BINDING ARBITRATION AND CLASS ACTION WAIVER.
- If you are a customer in the United States (including its possessions and territories), you and we agree that any dispute, claim or controversy arising out of or relating in any way to the use of our site or sale of LifeCell, these Terms of Service and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms of Service, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and we are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your account with us. \
- If you elect to seek arbitration or file a small claim court action, you must first send us by certified mail, a written Notice of your claim ("Notice"). The Notice to us must be addressed to: The Goodman Law Firm, 3675 Ruffin Rd. Suite 135 San Diego, Ca. 92123 ("Notice Address"). If we initiate arbitration, we will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or us, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If we and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or we may commence an arbitration proceeding or file a claim in small claims court.
- If you wish to proceed with arbitration, you are required to pay a filing fee, which we will reimburse you for after we receive notice of the commenced of the arbitration process unless your claim is for greater than USD$10,000, in which event you will be responsible for filing fees.
- The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless we and you agree otherwise, any arbitration hearings will take place in the county of your residence.
- YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent neutralcessary to provide relief warranted by that party's individual claim.
- Governing Law. This Agreement and all disputes or issues arising from it shall be governed exclusively by the laws of the State of Florida, without regard to conflict or conflict of law principles. The sole and exclusive venue for any and all claims or causes of action arising from or related to this Agreement, or that are related in any manner to your purchase or attempted purchase of the LifeCell(s), shall be the State or Federal Courts in Broward County, Florida.
- 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.
- Assignment. This Agreement and the rights and liabilities of the parties hereto inure to the benefit of their respective successors and assigns. Company may assign this Agreement to any successor entity. Customer may not assign without the written permission of Company.
- Severability. If for any reason a court of competent jurisdiction or an arbitrator finds any provision of this Agreement, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of these Terms and Conditions will continue in full force and effect.
- Attorneys' Fees. In the event any Party shall commence any claims, actions, formal legal action, or arbitration to interpret and/or enforce the terms and conditions of this Agreement, or relating in any way to this Agreement, including without limitation asserted breaches of representations and warranties, the prevailing party in any such action or proceeding shall be entitled to recover, in addition to all other available relief, its reasonable attorney's fees and costs incurred in connection therewith, including attorneys' fees incurred on appeal.
- No Waiver. No waiver of or by Company shall be deemed a waiver of any subsequent default of the same provision of this Agreement.
- Headings. All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of this Agreement.
- Complete Agreement. This Agreement constitutes the entire agreement between the parties with respect to your access and use of the Website and your ordering and use of LifeCell, and supersedes and replaces all prior understandings or agreements, written or oral, regarding such subject matters.
- Modifications. WE reserves the right to change any of the provisions posted herein and you agree to review these terms and conditions each time you visit the Website. Your continued use of the Website following the posting of any changes to these terms and conditions constitutes your acceptance of such changes. We do not and will not assume any obligation to provide you with notice of any change to this document and you acknowledge and agree to same. Unless accepted by us in writing, you may not amend these terms and conditions in any way.
- This Trial Offer is valid for one household per lifetime. If you would like to buy LifeCell again, please contact the Customer Care Department at 1-877-393-8303.