Product Offer, Warranty & Return

Effective Date: September 1st, 2016

IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN YOU (“YOU”) AND DERMACLARA, LLC (THE “COMPANY” OR “WE”). PLEASE REVIEW THE POLICIES BELOW BEFORE COMPLETING A PURCHASE ON THE COMPANY WEBSITE OR MOBILE VERSION OR APPLICATION THEREOF (COLLECTIVELY, “SITE”). THESE ARE THE TERMS AND CONDITIONS THAT APPLY TO YOUR PURCHASE OF PRODUCTS FROM THE SITE (THESE “OFFER TERMS AND CONDITIONS”). YOU HEREBY AGREE TO THE TERMS CONTAINED IN THIS AGREEMENT (“AGREEMENT”) BY COMPLETING A PURCHASE, WHICH AS A PART OF SUCH PROCESS SHALL INCLUDE THE SELECTION OF A METHOD OF PAYMENT, AND ENTRY OF YOUR PAYMENT METHOD INFORMATION. IN CONNECTION WITH THE FOREGOING, YOU HEREBY AUTHORIZE THE COMPANY TO CHARGE THE SELECTED PAYMENT METHOD AND ITS ASSOCIATED PAYMENT ACCOUNT THAT YOU HAVE SPECIFIED FOR THE PURCHASE OF THE PRODUCT.

SECTION 1 – Legal Age Requirement

By completing a purchase through the Site, you represent that you are at least 18 years old or are legally authorized, with any necessary consent of a parent or guardian, to agree to these Product Offer Terms and Conditions and fulfill any obligations in connection with such purchase. The Company reserves the right to verify the foregoing. At the time of delivery, any shipment containing a product may require further the signature of an adult possessing valid picture identification issued by a government agency.

SECTION 2 – Product Offer

When you place an order for the Company’s products, you will be charged the non-refundable shipping and handling fee plus the cost of your Company purchases on the payment card you provide at checkout.

All orders are subject to the Company’s acceptance. After your order has been placed, we will provide you with an email confirming our receipt of your order. The confirmation you receive does not constitute our acceptance of your order. Rather, we are only confirming our receipt of your order. The Company may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your payment card or payment method has already been charged for an order that is later cancelled by the Company, we will issue you a refund. If you do not receive confirmation that your order has been placed, please contact our customer service representative at: support@dermaclara.com. Your order will be deemed accepted upon its shipment and your receipt of a shipment confirmation of your order.

While we want everyone to be able to enjoy our products, we may, in our sole discretion, not accept an order or limit or cancel quantities purchased per person, per household or per order. Some reasons we may do so include, but are not limited to, the following: (1) orders that, in our sole discretion, appear to be placed by dealers, resellers or distributors; (2) orders that appear to be shipped to a freight forwarding company for reshipment; (3) orders that cannot be processed as a result of incorrect or invalid billing, shipping or payment information, including incorrect credit or debit card information such as card number, expiration date and card security value; incorrect payment method billing information (billing information provided must be the same as what your financial institution has on record); and/or insufficient or incorrect shipping address such as street address, city, state/province, ZIP or postal code; (4) orders, in our sole discretion, that we suspect to be fraudulent; or (5) orders connected to previous credit card disputes.

We reserve the right, subject to applicable law, to limit the sales of our products or services to certain persons, geographic regions or jurisdictions or on a case-by-case basis. Any offer for any product or service made on the Site is void where prohibited. Once an order has been placed, it cannot be cancelled unless the shipment is unavoidably delayed. In this case, we will do our best to cancel the order if requested.

If for any reason you are unsatisfied and want to return products you have ordered, please review the Return and Refund Policy outlined below.

SECTION 3 – Taxes and Shipping

All pricing set forth on the Site is in U.S. Dollars and is exclusive of applicable taxes and shipping charges. All orders are subject to any applicable taxes on the purchase or delivery of the Product and applicable shipping charges.

SECTION 4 – 60-Day Money Back & Empty Jar Guarantee

Company products carry a 60-day money back & empty jar guarantee from date of receipt of goods. All returns, including partial or fully used products must be in their original individual packaging. Refunds do not include the original cost for shipping and handling and any return shipping costs you may incur.

The empty jar guarantee is limited to one per household. Only original Dermaclara containers and packages qualify as “empty jars”.

SECTION 5 – Satisfaction Guarantee

Dermaclara clarafuse dermapads are also subject to our 60-day Satisfaction Guarantee, whereby customers who are unsatisfied with their results to any of the 4 treatment areas (stomach, thighs, arms, and chest) after they have used clarafuse for at least 2 (two) consecutive months are entitled to receive a full refund (less the cost of shipping and handling) for their Dermaclara clarafuse purchases.

Claim Process for Lifetime Satisfaction Guarantee

To request a Satisfaction Guarantee refund, please contact our customer support team at: support@dermaclara.com

You will need to include your name, phone number, order ID, date you started your Dermaclara clarafuse treatment and a brief summary of your request in your email. To complete your claim, we will require receipts or proof of at least three (3) consecutive purchases; the date of your first purchase plus two (2) further purchases both made within six (6) months of your first purchase.

If you are approved, then your refund will be processed. Within five to seven business days, a credit will be applied to your credit card or original method of payment. The maximum credit refunded will be the original invoice value of your purchases less the cost of shipping and handling and cannot exceed six (6) months of purchases.

Your Lifetime Satisfaction Guarantee is not conditional upon the return of any of your Dermaclara purchases.

If you haven’t received your refund, please check your bank account first to see if it has been posted. If not, contact your credit card company as it may take there is often some processing time before a refund is posted. If you are still experiencing problems, please contact our customer support team at support@dermaclara.com

SECTION 6 Limited 1-Year Warranty

In addition to your 60-day money back guarantee, the Dermaclara Claratone and Clarapulse devices are warranted to be free from defect in material and workmanship for a period of one year after original purchase date under normal use. Breach of warranty includes the following uses; accident, misuse or alteration, servicing by unauthorized persons, use with unauthorized accessories and any other conditions beyond our control. The Company’s entire liability for any defective product shall not exceed the purchase price for the defective product. The Company disclaims any liability for general, consequential, incidental, or special damages even if aware of the likelihood of such damages. Some states do not allow exclusion or limitation or incidental or consequential damages or allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.

Your rights may vary from state to state.

We only replace items if they are defective or damaged and only issue exchanges for the same item. If you need to request a replacement product, please contact our customer support team at: support@dermaclara.com and follow the instructions above (Return Process).

Section 7 Return / Refund / Replacement Process

To request a return, refund or replacement for any of the Company products please contact our customer support team at: support@dermaclara.com

All refunds will be credited to the original form of payment or a Dermaclara gift card. You will need to include your name, phone number, Order ID, product you are wishing to return, and a brief summary of your request (Reason for Request, Return for Exchange or Return for Refund) in your email. To complete your return, we will require a receipt or proof of purchase. Upon acceptance of a return request, our customer support team will issue you a ‘Return Material Authorization’ (RMA) tracking number. You will be responsible for paying your own shipping costs for returning your item. Shipping costs are non-refundable. Please consider using a trackable shipping service or purchasing shipping insurance as we cannot guarantee that we will receive your returned item. For approved refunds, please allow 14 business days for credit processing after receipt of your return. It you have requested a replacement, you will be debited for the replacement item(s) and credited for the returned item(s). Please refrain from filing any claims for chargebacks with your credit card provider while we are processing your return / refund to avoid delaying the process.

Incomplete Returns / Returning Gift Items

All items that were included in your original order (including all gift items) need to be returned to qualify for a full refund), in addition all items (used or new) need to be returned in their original packaging to qualify for a refund. For missing / incomplete items, the company will debit the full retail price of each item from your original order value. For example; If you purchased a Dermaclara ‘Advanced Silicone Fusion Treatment’ ($195 value) and choose to keep the Dermaclara ‘Claratone’ ($49 value), your qualifying refund will be $195 - $49 = $146.

Return / Refund / Replacement Process


To request a return, refund or replacement for any of the Company products please contact our customer support team at: support@dermaclara.com

All refunds will be credited to the original form of payment or a Dermaclara gift card. You will need to include your name, phone number, Order ID, product you are wishing to return, and a brief summary of your request (Reason for Request, Return for Exchange or Return for Refund) in your email. To complete your return, we will require a receipt or proof of purchase. Upon acceptance of a return request, our customer support team will issue you a ‘Return Material Authorization’ (RMA) tracking number. You will be responsible for paying your own shipping costs for returning your item. Shipping costs are non-refundable. Please consider using a trackable shipping service or purchasing shipping insurance as we cannot guarantee that we will receive your returned item. For approved refunds, please allow 14 business days for credit processing after receipt of your return. It you have requested a replacement, you will be debited for the replacement item(s) and credited for the returned item(s). Please refrain from filing any claims for chargebacks with your credit card provider while we are processing your return / refund to avoid delaying the process.

Incomplete Returns / Returning Gift Items

All items that were included in your original order (including all gift items) need to be returned to qualify for a full refund), in addition all items (used or new) need to be returned in their original packaging to qualify for a refund. For missing / incomplete items, the company will debit the full retail price of each item from your original order value. For example; If you purchased a Dermaclara ‘Advanced Silicone Fusion Treatment’ ($195 value) and choose to keep the Dermaclara ‘Claratone’ ($49 value), your qualifying refund will be $195 - $49 = $146.


SECTION 8 Limited 1-Year Warranty

In addition to your 60-day money back guarantee, the Dermaclara Claratone and Clarapulse devices are warranted to be free from defect in material and workmanship for a period of one year after original purchase date under normal use. Breach of warranty includes the following uses; accident, misuse or alteration, servicing by unauthorized persons, use with unauthorized accessories and any other conditions beyond our control. The Company’s entire liability for any defective product shall not exceed the purchase price for the defective product. The Company disclaims any liability for general, consequential, incidental, or special damages even if aware of the likelihood of such damages. Some states do not allow exclusion or limitation or incidental or consequential damages or allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.

Your rights may vary from state to state.

We only replace items if they are defective or damaged and only issue exchanges for the same item. If you need to request a replacement product, please contact our customer support team at: support@dermaclara.com and follow the instructions above (Return Process).

SECTION 9 – Accuracy of Billing and Account Information

You agree to provide current, complete and accurate purchase and account information for all purchases made through our Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 10 – LIMITATION ON LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND AFFILIATES DO NOT ACCEPT OR ASSUME LIABILITY FOR YOUR USE OF THE PRODUCT. FURTHER, IN NO EVENT WILL THE COMPANY OR ITS OFFICERS, DIRECTORS, SUBSIDIARIES, AFFILIATES, EMPLOYEES OR AGENTS BE LIABLE TO ANY PARTY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RELATING TO A SALE OF MERCHANDISE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. THE COMPANY AND ITS AFFILIATES’ MAXIMUM LIABILITY FOR THE PURCHASE OF THE MERCHANDISE SHALL NOT EXCEED THE AMOUNT PAID FOR SUCH MERCHANDISE. IN SOME JURISDICTIONS, THE FOREGOING LIMITATIONS OF LIABILITY MAY NOT FULLY APPLY. ACCORDINGLY, IN SUCH JURISDICTIONS, THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT OF THE LAW.

SECTION 11 – DISCLAIMER OF WARRANTIES

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED BY THE COMPANY, THE COMPANY AND AFFILIATES MAKE NO OTHER WARRANTY OF ANY KIND REGARDING THE PRODUCT AVAILABLE FOR SALE ON THE WEBSITE, WHICH IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. IN PARTICULAR, TO THE MAXIMUM EXTENT OF THE LAW, THE COMPANY AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.

SECTION 12 – Additional Terms and Conditions

In addition to these Sales Terms and Conditions and the policies stated above, any purchases you make through the Site are subject to the Website Terms of Use and Privacy Policy

SECTION 13 – Dispute Resolution

BINDING ARBITRATION

ANY CLAIM OR DISPUTE RELATING IN ANY WAY TO YOUR PURCHASE OF THE COMPANY PRODUCTS SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION, except that either party may seek interim relief from any state or federal court in the party’s state of residence to protect the party’s intellectual property rights. ARBITRATION WOULD REMOVE YOUR RIGHT TO LITIGATE A CLAIM IN COURT OR TO HAVE A JURY TRIAL ON THAT CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. IT IS IMPORTANT THAT YOU READ THIS PROVISION CAREFULLY BEFORE ACCEPTING THESE TERMS OF USE. The arbitration will be administered by the American Arbitration Association or National Arbitration and Mediation, Inc. under The National Arbitration Forum’s Code of Procedure in effect when the claim is filed (the “Code”). The Code and other information may be obtained from the National Arbitration Forum website (www.adrforum.com) or by calling 1-800-474-2371. The Company shall have the ability to choose between these two forums as well as choose a venue that is convenient for the Company. The parties shall split 50%/50% the cost of the administrative and arbitrator fees. Notwithstanding any choice of law provision included in the Terms, this arbitration section is subject to the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.) and the New York Convention on the Recognition of Foreign Arbitral Awards (9 U.S.C. §§ 201-208 or as codified in the jurisdiction where enforcement of the award is sought). The arbitration will be conducted before a single arbitrator, and will be limited solely to the dispute or controversy between you and the Company. Hearings shall be held as provided by the Code and if any in-person hearing is required, it shall be held in a venue chosen by the Company. Any participatory arbitration hearing that you attend shall take place in California. California state law will apply during the arbitration. The judgment upon the award rendered by the arbitrator(s) shall be final and binding and may be entered in any court of competent jurisdiction. Unless inconsistent with applicable law, each party shall bear the expense of their respective attorneys’, experts’ and witness fees, regardless of which party prevails in the arbitration.

NO CLASS ACTIONS

TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CONSOLIDATED OR CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING. YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST (PRODUCT NAME) IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

IF YOU HAVE ALREADY PURCHASED A PRODUCT AND YOU DO NOT AGREE TO THE FOREGOING TERMS OF USE, YOU MUST TELL US IN WRITING AND RETURN THE PRODUCT TO GET A REFUND.

SECTION 14 – Governing Law

These Terms and Conditions shall be construed and enforced solely in accordance with the laws of the State of California in the United States of America, as applied to agreements entered into and completely performed in the State of California (without regard to conflict of law principles). Any claim you might have against the Company must be brought within two (2) years after the cause of action arises, or such claim or cause of action is barred. In addition, you agree to waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to these Terms and Conditions. You also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to these Terms and Conditions and is hereby disclaimed. A printed version of these Terms and Conditions and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent as other documents and records originally generated and maintained in printed form. Please contact the Company if you wish to receive a printed copy of these Terms and Conditions.

SECTION 15 – Survival

If any provision of these Offer Terms and Conditions is held to be invalid or unenforceable, that provision shall be construed consistent with applicable law, and the remaining provisions shall be enforced.

SECTION 16 – Entire Agreement

These Terms and Conditions make up the entire agreement between the Company and you relating to your use of the Product. These Terms and Conditions replace any prior understandings or agreements (whether oral or written) regarding the products purchased on the Site.

SECTION 17 Contact Us

Questions about the Terms should be sent to us at: legal@dermaclara.com

7868 Silverton Ave. Suite B, San Diego, CA 92126

(800) 397-1288

support@dermaclara.com

       

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