The following Terms and Conditions apply to the Skin Care Factory (“SCF”) website and all other sites, mobile sites, services, applications, platforms, and tools where these Terms and Conditions appear or are linked (collectively, the “Site”). SCF provides its services to you (the “Customer”) subject to these Terms and Conditions. By using the Site, you agree to the Terms and Conditions. If you do not accept these Terms and Conditions and agree to these Terms and Conditions, then you may not use the Site.
Changes to This Agreement
SCF reserves the right, at any time, to modify or update these terms, upon notice to the Customer in writing to the last address supplied by the Customer, by email or posting on the site or by any other reasonable means of communication. Customer confirms his or her acceptance of the modifications or updates by continuing to use the Site.
The Site is intended for use by individuals 13 years of age or older. If you are under 18, you may use this Site only with involvement of a parent or guardian.
You may be required to register with SCF in order to access certain services or areas of the Site. With respect to any such registration, we may refuse to grant to you the user name you request. Your user name and password are for your individual or business use only. You also agree not to share your username or password with any other person or business. If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. In addition to all other rights available to SCF reserves the right, in its sole discretion, to terminate your account, refuse service to you, or cancel orders.
Governing Law and Dispute Forum/Jury Trial Waiver
THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE OF ARIZONA, WITHOUT CONSIDERATION OF ITS CONFLICT OF LAW PRINCIPLES AND CUSTOMER, BY ACCEPTING THIS AGREEMENT, CONSENTS AND AGREES TO EXCLUSIVE JURISDICTION IN THE STATE OF ARIZONA, MARICOPA COUNTY, PROVIDED THAT A PARTY MAY SEEK ENFORCEMENT OF A JUDGMENT OF SUCH COURTS IN ANY COURT OF COMPETENT JURISDICTION. BOTH SCF AND CUSTOMER WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY DISPUTE BETWEEN THE PARTIES.
License and Access
For retail customers: SCF grants you a limited license to access and make personal use of the Site and Site content only for noncommercial purposes and only to the extent such use does not violate these Terms and Conditions. This license does not include any resale or commercial use of the Site; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site; any downloading, copying, or other use of the Site for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. You may be asked to provide a current reproduction of a professional aesthetics license from your state or local licensing authority to qualify for certain discounts. The applicability of professional discounts, and the validity of any proffered professional license is within the sole discretion of SCF. All rights not expressly granted to you in these Terms and Conditions are reserved and retained by SCF and/or its content providers. The Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of SCF. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of SCF without express written consent. You may not misuse the Site. You may use the Site only as permitted by law. The licenses granted by SCF terminate if you do not comply with these Terms and Conditions and/or any other Site Terms & Conditions.
For Wholesale Customers: Upon receipt of a valid reseller’s certificate, SCF grants you a limited license to access and make commercial use of the Site and Site content and only to the extent such use does not violate these Terms and Conditions. This license does not include any collection and use of any product listings, descriptions, or prices; any derivative use of the Site; any downloading, copying, or other use of the Site for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms and Conditions are reserved and retained by SCF and/or its content providers. The Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of SCF. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of SCF without express written consent. You may not misuse the Site. You may use the Site only as permitted by law. The licenses granted by SCF terminate if you do not comply with these Terms and Conditions and/or any other Site Terms & Conditions.
Purpose of Sales
For Retail Customers: All sales of products by SCF are limited to personal use and may not, without the express prior written approval of SCF, be made in conjunction with any resale or commercial use. We reserve the right to limit quantities to normal retail purchases.
All Site content, design, text, graphics, images, logos, buttons, icons, interfaces, audio and video clips, and the selection and arrangements thereof are the exclusive property of SCF, or its respective content providers, and are protected by U.S. and international copyright laws. All software used on the Site is the property of SCF or its respective software suppliers, and such software is protected by U.S. and international copyright laws and other laws and treaties. The compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive property of SCF and is protected by U.S. and international copyright laws.
Graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Site are trademarks or trade dress of SCF or its licensors. SCF’s trademarks and trade dress may not be used in connection with any product or service that is not SCF’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits SCF. All other trademarks not owned by SCF that appear on any Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by SCF.
SCF has made reasonable effort to display as accurately as possible the colors of the products that appear on the Site. However, the actual colors you see will depend on a number of factors including the monitor that you use and the settings on the monitor. SCF does not guarantee that the display of any color will be accurate. If for any reason you are unsatisfied with your experience on the Site, please contact us. Any refunds or credits due shall be provided in accordance with our Return Policy.
Disclaimer – Beauty Products
The use and selection of cosmetics and fragrance products and other health and beauty products requires care to be certain that any directions and warnings from the manufacturer are observed and followed and that Customer is aware of the possibility that some people may have allergic or other reactions to such products.
SCF is not the manufacturer of the products it sells. Customers are advised to read and strictly follow the label, all packaging inserts and instructions and all manufacturer directions and warnings.
General Disclaimer – All Products
SCF does not represent or warrant that any advice or any particular product will achieve any result of any kind. Price and availability information contained on this site is subject to change without notice. SCF shall not be bound by any errors or omissions in posting product information or prices with respect to any products or services offered on the Site.
All materials and information presented by SCF on the Site are intended to be used for informational purposes only. The products promoted on the Site, including cosmetic products, are not intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease, and are not intended to affect the structure of or any function of the human body. The results reported, if any, may not necessarily occur in all individuals. Please consult with your own physician or health care practitioner regarding any suggestions and recommendations made at the Site.
In providing product information to its customers, SCF relies in part on product descriptions furnished by manufacturers, wholesalers, and other third parties. If you believe that any information is not accurate, please contact us.
SCF cannot and does not represent or warrant that the Site or its server will be error-free, uninterrupted, free from unauthorized access (including third-party hackers or denial of service attacks), or otherwise meet your requirements.
THE SITE AND ALL INFORMATION, CONTENT, WRITTEN MATERIALS AND SERVICES MADE AVAILABLE TO YOU THROUGH THE SITE (COLLECTIVELY, THE “SITE CONTENTS”) ARE PROVIDED BY SCF ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES, INCLUDING ANY EXPRESS WARRANTIES, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OR ANY WARRANTIES AS TO THE COMPLETENESS OF THE SITE CONTENTS OR THAT EMAILS SENT FROM SCF ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. THE FOREGOING DISCLAIMERS OF REPRESENTATIONS AND WARRANTIES SHALL BE APPLICABLE ONLY TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW AND SHALL IN NO EVENT BE CONSTRUED TO BE BROADER THAN PERMITTED BY THE APPLICABLE LAW.
Order Acceptance/Shipping Terms/Refunds
The receipt of an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Such receipt also does not constitute a confirmation that the product or service is in stock or otherwise available on the price and terms published on the Site, or published in any catalog or other advertisement. SCF reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any Customer for any reason, including limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified as potential fraud. SCF reserves the right to limit the quantity of items purchased per person, per household or per order for any reason; and these restrictions may apply to orders placed by the same account, the same credit card, and also to orders that use the same billing address and/or shipping address. SCF also reserves the right, in our sole discretion, to either prohibit sales or limit quantities of sales to dealers or resellers. For purposes of these Terms and Conditions, reselling shall be defined as purchasing or intending to purchase any item from SCF for the purpose of engaging in a commercial sale of that same item with a third party. With respect to items sold by SCF, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by SCF is higher than our stated price, we will at our discretion, either contact your for instructions before shipping or cancel your order. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. Verification of order and customer information may be required prior to the acceptance of any order. SCF is not obligated to fulfill any order and may refuse any order. Alternatively, SCF may accept the order and notify the Customer of an estimated time for shipment (in which case the order shall be deemed to remain open until delivery). Charges to Customer’s credit card shall only be processed for collection when a shipment has been made. Any shipping and handling charges which are imposed may reflect estimated or average amounts required to cover the cost of shipping and handling and need not reflect the exact cost of the specific order. In the event of an authorized return of any goods sold from the Site, SCF is not obligated to include a refund of any shipping and handling charges or gift wrap charges except when the return is for defective product and SCF shall have the option to refund any amount owing to Customer by either crediting the charge card used for payment or mailing a check to the Customer at the address shown on the related order.
Upon the written request of the Customer, SCF, in its sole and absolute discretion, will determine whether to accept returns and whether to grant a refund or store credit for any accepted returns. A 20% restocking fee will be charged for all stock item returns with the shipping costs to be paid by the Customer. Items must be returned in brand new, unused, sealed condition, with all tags and packaging intact, no exceptions. Items returned to us in used or other condition will be returned back to you. Items shipped to us without prior written authorization will be refused. Original order shipping charges, if applicable, are not refundable. All special orders or “as is” sales are final. Refunds are issued in the original form of payment only. Credit card refunds will be issued to the same credit card used on the original order. Please allow 10 business days after receipt for your return and refund to be processed. SCF reserves the right to final determination as to whether any return will be accepted, or refund granted.
Risk of Loss
The risk of loss for and title to products purchased on the Site passes to the purchaser upon delivery to the carrier.
Any conduct by a person that in SCF’s sole discretion restricts or inhibits any other person from using or enjoying the Site is prohibited. Customer agrees to use the Site only for lawful purposes and in accordance with that prohibition. Customer agrees that he or she will not post on the Site or transmit through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law.
User Comments, Feedback, Posts, and Other Submissions
You may submit, post, or otherwise make available reviews, comments, feedback, suggestions, questions, photos, videos, and other content on or through the Site (collectively, “Comments”) as long as your Comments do not contain any Prohibited Content. “Prohibited Content” means Content that: is threatening, defamatory, hateful, harassing, abusive, or obscene; violates the right of privacy or right to publicity; is false, deceptive, or otherwise misleading; infringes any intellectual property right, such as patent, copyright, trademark, and/or trade secret; contains any software virus or other malware; includes any commercial or political solicitation; violates any local, state, or federal law or regulation; impersonates another person or entity; includes any advertisement, pyramid scheme, or other “spam;” and/or is otherwise objectionable or non-family-friendly as determined by SCF in its sole discretion.
Although SCF cannot monitor all Comments, SCF reserves the right (but not the obligation), in its sole discretion, to remove or edit any Comment that appears on the Site for any reason and at any time. Nevertheless, you are solely responsible for any Comments you submit, post, or otherwise make available on or through the Site, and you agree to indemnify SCF for all claims resulting from any such Comments. SCF has no obligation (1) to maintain any Comment in confidence; (2) to pay any person any compensation for any Comment; or (3) to respond to any Comment.
SCF does not claim ownership of any Comment. However, you agree that SCF is free to use any Comment for the purpose of providing you and others with the use of the Site, with associated products and services, and with SCF’s (and its successors’ and assigns)’ business. You grant SCF a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive, fully sublicensable right to use, reproduce, create derivative works from, modify, adapt, publish, edit, translate, distribute, perform, and display the Comment throughout the world in any media now known or hereafter developed. You also grant SCF the right to use the name and any other identification information that you submit, post, or otherwise make available in connection with the Comment.
You represent and warrant that: you own or otherwise control all of the rights to any Comment; use of any Comment supplied by you will not violate these Terms and Conditions; and the Comment will not cause injury to any person or entity. SCF takes no responsibility and assumes no liability for any Comment or other content posted by you or any third party.
SCF respects the intellectual property of others. If you believe that your work has been copied on our Site in a way that constitutes copyright infringement, please contact us to report possible copyright infringement.
Termination of Usage
SCF may, without incurring any liability to the Customer, terminate access by such Customer, or suspend any Customer’s access to all or part of the Site, without notice, for any conduct that SCF, in its sole discretion, believes is in violation of any applicable law or these Terms and Conditions, or is harmful to the interests of another user, a third-party, a merchant, a sponsor, a licensor, a service provider, or SCF.
Outside Sites and Linking
The Site may contain links to other sites on the Internet that are owned or operated by third party vendors and other third parties (the “Outside Sites”). SCF is not responsible for the availability of, or the content located on or through, any Outside Site. You should contact the site administrator or Webmaster for those Outside Sites if you have any concerns regarding such links or the content located on such Outside Sites.
SCF permits certain third-party links to the home page of its site, provided that SCF is provided with notice of such links and does not thereafter object to such linking. No links or “deep links” are permitted to any page other than the SCF.com home page without the prior written consent of SCF and SCF reserves the right to revoke unilaterally any consent that it may at any time give to any linkage, including linkages to the home page.
If any provision of these Terms and Conditions is found to be contrary to law, the remainder of that provision (if any) and the remaining provisions of these Terms and Conditions will remain in full force and effect.
The waiver of any breach or default of these Terms and Conditions shall not constitute a waiver of any subsequent breach or default and shall not act to amend or negate the rights of the waiving party.
These Terms and Conditions shall, as the same may be amended from time to time, constitute the complete and exclusive agreement between SCF and Customer with respect to the subject matter hereof. It supersedes and replaces all prior discussions, negotiations, understandings and agreements, written and oral, regarding such matters. Any additional or different terms in any purchase order or other written or oral response by Customer shall be deemed rejected by SCF without need of further notice and shall not be part of these Terms and Conditions or in any way binding upon SCF.
Acceptance of Terms and Conditions and of Amendments and Modifications Thereof
Use of the Site represents an acceptance by the Customer of the terms of these Terms and Conditions. Use of the Site shall be governed solely by the terms of these Terms and Conditions, as the same may be amended from time to time, and the policies published by SCF on the Site, which shall be the entire agreement of the parties with regard to the use of the Site. Amendments or other modifications to these Terms and Conditions may, from time to time, be made by SCF sending an email to the Customer at Customer’s last known email address or by posting thereof on the Site.