SkinStasis Skin Care LLC
General Terms and Conditions of Sale
for NextLeapTM Products
1. SCOPE OF APPLICABILITY
1.1 These General Terms and Conditions of Sale (“GTCS”) apply to all sales of goods by us to you the customer notwithstanding any conflicting terms in any other communication from you or a third party, except that any conflicting or additional terms specified by Shopify or Deliverr that are applicable to the sale or delivery of our products to you shall supersede these GTCS.
1.2 We reserve the right to change these GTCS at any time. We will give thirty calendar days’ notice of any changes by posting notice on our website.
2. SALES THROUGH SHOPIFY, SHIPMENTS THROUGH DELIVERR
2.1 Purchases from us through our website are conducted through the services of Shopify and delivery is made by Deliverr, each of which have policies that are applicable to our sales to you.
2.2 Questions or issues relating to such policies or services should be directed to Shopify or Deliverr in the manner specified by them.
3. PRICES AND TERMS OF PAYMENT
3.1 The prices for our products are specified on our website shop at the time of purchase. All prices are exclusive of sales taxes and any shipping and other charges. Any applicable sales tax and shipping charge will be stated on the invoice at the time of purchase.
3.2 Payment must be made at the time of purchase in one of the payment options designated on our website store. Questions or disputes regarding payments must be made to the credit card or other payment service company.
4. TERMS OF DELIVERY AND LATE DELIVERY
4.1 Deliverr will use its best efforts to deliver our products in accordance with the delivery time selected by you at the time of purchase.
4.2 In case of delay or failure of delivery, you should contact Deliverr in accordance with their instructions.
5. ACCEPTANCE OF GOODS
5.1 You must inspect the product delivered upon receipt. If there is damage that makes the product unusable, you must contact Deliverr for replacement or refund.
6. WARRANTY, REFUNDS
6.1 We warrant that upon delivery and until the “Best By” date provided on the product, goods purchased from us will have the effects described on our website when used as instructed on our website. WE MAKE NO OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
6.2 Our products are generally regarded as being effective for everyone, although it is always possible that an individual may have a unique condition or circumstances that affect the effectiveness of our product. If you are unhappy with the effectiveness of our product at any time, you may request a full refund by sending us a written description of how you used the product and an explanation of why you are unhappy with its performance. Unless we are able to resolve the issue promptly, we will immediately refund the full purchase price and any sales tax and shipping charge you incurred.
6.3 If you request a refund, do not return the product. You may destroy it or, if it is in clean and usable condition, give it to a friend for whom it may be beneficial.
7. LIMITATION OF LIABILITY
7.1 Neither of us will be entitled to, and neither of us shall be liable for, indirect, special, incidental, consequential or punitive damages of any nature. Your recovery from us for any claim shall not exceed the purchase price for the goods giving rise to such claim and any related sales tax and shipping charge, irrespective of the nature of the claim, whether in contract, tort, warranty or otherwise.
8. FORCE MAJEURE
8.1 Shopify, Deliverr and we shall be excused from any delay or failure in performance if caused by reason of any occurrence or contingency beyond our reasonable control, including, but not limited to, acts of God, acts of war, fire, insurrection, strikes, lock-outs or other serious labor disputes, riots, earthquakes, floods, explosions or other acts of nature. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the time period equal to the period of such excusable interruption. When such events have abated, the parties’ respective obligations shall resume.
9. MISCELLANEOUS
9.1 The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these GTCS or to any contracts of sale entered into by us.
9.2 No waiver of any provision of these GTCS shall constitute a waiver of any other provision(s) or of the same provision on another occasion. Failure of either party to enforce any provision of these GTCS shall not constitute a waiver of such provision or any other provision(s) of these GTCS.
9.3 Should any provision of these GTCS be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, such provision may be modified by such court in compliance with the law giving effect to the intent of the parties and enforced as modified. All other terms and conditions of these GTCS shall remain in full force and effect and shall be construed in accordance with the modified provision.
9.4 These GTCS and all contracts of sale entered into between us shall be governed by and construed in accordance with the laws of the State of Texas without giving effect to any choice of law or conflict of law provisions. Any suits, actions or proceedings that may be instituted by either of us against the other shall be instituted exclusively before the competent courts of Dallas County and the State of Texas, however, without prejudice to our right to bring suits, actions or proceedings in any other court which would have jurisdiction if this provision is held to be unenforceable.