TERMS & CONDITIONS
Purchase Specific Terms and Conditions:
This purchase is a one-time purchase option whereby you would pay a onetime charge for a specific amount of product or products. You would be charged immediately for your purchase and your product would be shipped within 24 – 48 hours. Additionally; you would never receive any future shipments from us, nor be charged ever again.
Upon confirming your order you will be shipped the product, or products ordered of New Age Skin Care. Orders are shipped within 24- 48 hours (Monday through Friday) using our standard USPS First Class shipping method and delivery generally takes anywhere from 2 to 4 days depending on your geographic location. Please be advised that shipments are not sent on Saturdays, Sundays, or any Holidays. New Age Skin Care does not guarantee specific arrival dates or times. New Age Skin Care does not refund delivery or handling charges for any shipments.
PLEASE CONTACT CUSTOMER CARE AT 1-800-391-1562 FOR SHIPMENTS NOT RECEIVED WITHIN 10 DAYS. REFUNDS WILL NOT BE ISSUED FOR SHIPMENTS CLAIMED AS UNDELIVERED IF NOT REPORTED WITHIN 10 DAYS.
Contacting Customer Service: You may contact our customer care department at 1-800-391-1562 Monday to Friday 7am to 5 pm MST and Saturday 10 am to 2 pm MST.
1) Please do not return any product to us without first obtaining an RMA number from customer service. Please note that any packages marked "refused" or "Return to Sender" will not be processed as a refund. You must obtain an RMA number first.
2) If you do not receive your shipment within 5 working days from the date you placed your order, please contact us immediately so we can address the situation appropriately.
TO BE ELIGIBLE FOR A REFUND, THE ITEM MUST MEET ALL OF THE FOLLOWING CRITERIA:
Product must be unopened and unused with safety seal intact
Limit one (1) return per product, per household
Return product must be returned to us within thirty (30) days of the assigned Return Merchandise Authorization (RMA) number
Customer is responsible for all return shipping costs
Shipping and handling charges are non-refundable
Repetitive returns are not allowed
Reversals and Chargebacks
We consider charge backs and reversals as potential cases of fraudulent use of our services and/or theft of services and as such will be treated. We reserve the right of filing a complaint with the appropriate local and federal authorities to investigate. Be advised that all activity and IP address information is being monitored and that this information may be used in a civil and/or criminal case(s) against a client if there is fraudulent use and or theft of services. IN THE EVENT THAT A REVERSAL OR CHARGEBACK CLAIM IS FILED WITH THE CARDHOLDER'S BANK, REFUND REQUESTS WILL BE DENIED BY OUR RISK MANAGEMENT DEPARTMENT TO PREVENT FRAUDULENT ACTIVITY ATTEMPTING TO OBTAIN MULTIPLE REFUNDS.
Damaged or Incorrect items
In the event that your order arrives damaged, or you receive the wrong item, please call our Customer Service Department at 1-800-391-1562 or email us at firstname.lastname@example.org within 24 hours.
We ask that you do not dispose of any damaged products until you contact the Customer Service Department for instructions, as we may require the return of the damaged goods.
In the event of a damaged order, we will ship a replacement order promptly.
If you have ordered incorrectly, we will ship the correct item once we have received the return of the incorrect product.
All damaged orders must be reported within five (5) business days of delivery.
Damaged orders not reported within five (5) business days of delivery confirmation cannot be adjusted or credited.
LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTY
THE MATERIALS AND PRODUCTS CONTAINED AND OFFERED ON THE WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEW AGE SKIN CARE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHER VIOLATIONS OF RIGHTS. IN NO EVENT SHALL NEW AGE SKIN CARE OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES,UNDER ANY CAUSE OF ACTION WHATSOEVER INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT, STRICT LIABILITY, WARRANTY, OTHERWISE, FOR ANY CLAIM CAUSE OF ACTION, FEE, EXPENSE, COST, OR LOSS (COLLECIVELY, "CLAIMS") ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY STATEMENT, THE PRODUCTS, OR THE CUSTOMER'S USE OF THE WEBSITE OR ANY PRODUCT. NEW AGE SKIN CARE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY NEW AGE SKIN CARE WEBSITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; NEW AGE SKIN CARE FURTHER ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY FAILURES, DELAYS,MALFUNCTIONS, OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED ON THE WEBSITE; ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT PROVIDED ON THE WEBSITE; OR ANY CONDUCT BY USERS OF THE WEBSITE, EITHER ONLINE OR OFFLINE. NEW AGE SKIN CARE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY NEW AGE SKIN CARE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
You agree that New Age Skin Cares' entire liability for all CLAIMS shall be limited, in the aggregate, to the lesser of (i) USD $500.00, or (ii) the total amount of money You paid to New Age Skin Care in the one (1) month period immediately preceding the incident on which Your alleged claim is based. This limitation of liability shall apply for all CLAIMS, regardless of whether New Age Skin Care was aware of or advised in advance of the possibility of damages or such CLAIMS. You understand that this is a significant limitation on your right to sue the Company and you should not proceed if you do not agree. The warranties and representations specifically set forth in this agreement are the only warranties and representations with respect to this Agreement, and are in lieu of any and all other warranties, written or oral, express or implied, that may arise either by agreement between the parties hereto or by operation of law, including warranties of merchantability and fitness for a particular purpose. None of these warranties and representations will extend to any third person. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to You.
CONSENT TO RECEIVE EMAILS FROM US
If you sign up via any of our opt-in forms, or make a purchase from any of our websites, we will send you emails anywhere from one to three times a week. These emails can be comprised of order confirmation, shipping confirmation, announcement type emails &/or our skin care newsletter and informational emails that we send out regularly. Typically in our emails you will find relevant information that is related to a purchase you made with us, or the newest tips, tricks, and information related to skin care. Please remember that if you no longer wish to hear from us, you can simply unsubscribe at any time using the link in the footer of any email that we send you.
REPRESENTATIONS; PRODUCT DISCLAIMERS
New Age Skin Care is committed to improving the well-being of our customers by providing safe and effective wellness products made with the highest quality ingredients. You understand, however, that Our Products have not been evaluated by the Food and Drug Administration, and Our Products are not intended to diagnose, treat, cure or prevent any disease. The information on this Website or in emails is designed for informational purposes only and is not intended to be a substitute for informed medical advice or care.
You understand that You should not use this information to diagnose or treat any health problems or illnesses without consulting Your doctor or physician. You further understand that this Product is not intended for use by persons under 18 years of age. You also understand that the Product is not intended or to be used to treat any type of medical condition. You agree that You either have consulted, or will consult, with a physician or doctor before using any of Our Products, particularly if You suffer from any medical condition including, but not limited to, strokes, high blood pressure, heart, liver, kidney or thyroid disease, diabetes, anemia, depression, anxiety, other psychiatric conditions, a family history of these or other medical conditions, or if taking any prescription, OTC and/or other herbal medications, and You agree that you will cease immediately from taking or using Our Products if You experience any ill effects or unintended side effects of any Product. New Age Skin Care endeavors to provide You with accurate information about Our Products. You understand and agree that the information New Age Skin Care conveys about or Products and/or the efficacy of Our Products, is obtained from independent third parties such as news agencies, scientific reports, and scientific / research entities ("Third Parties"). New Age Skin Care does not warrant or represent that such information is error-free, and New Age Skin Care does not represent or endorse any Third Parties or the methods that they use to arrive at their conclusions. All Product specifications, performance data, and other information on the Website is for informational and illustrative purposes only, and do not constitute a guarantee or representation that the Products will conform to such specifications or performance data.
New Age Skin Care does not warrant or represent that Our Products will provide You with any particular benefits, or that Your results will match those of others who use Our Products. Individual results will vary from person to person.
By using the Website, You agree to comply with all applicable laws and regulations of the United States. The material provided on the Website is protected by law including, but not limited to, United States copyright and trademark law and international treaties. New Age Skin Care makes no representation that materials contained in the Website are appropriate or available for use in other locations and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Website from other locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws.
You hereby represent and warrant that You are age eighteen (18) or older, that You have read this Agreement and thoroughly understand the terms contained in this Agreement, that any Products You purchase from the Website will be used for Your personal, non-commercial use, and that You will not re-sell, re-distribute or export any Product that You order from the Website. You further represent that New Age Skin Care has the right to rely upon all information provided to New Age Skin Care by You, and New Age Skin Care may contact You by email, telephone or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) customer satisfaction surveys, and (iii) inquiries about any orders You placed, or considered placing, at or through the Website.
The Website and all of its contents including, but not limited to, articles, other text, photographs, illustrations, graphics, product names, designs, logos, and the collection, arrangement, and assembly of all content (collectively, "the Intellectual Property") are protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is the exclusive property of New Age Skin Care or its licensors. No license or ownership rights in or to any of the Intellectual Property are conveyed to You by virtue of this Agreement or by Your purchase of any Product from the Website. The Intellectual Property is protected by the copyright and trademark laws of the United States. Unless otherwise permitted by law, none of the Intellectual Property may be reproduced by You without New Age Skin Cares' prior written permission.
WEBSITE USER CONDUCT AND RESTRICTIONS
You must be 18 years of age or older to access Our Website. As a user of the Website, You agree that in connection with Your use of the Website and the content You will not:
- Upload, post, email, or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of anyone's privacy, hateful, or racially, ethnically, or otherwise objectionable;
- Conduct Yourself in an inappropriate, offensive, indecent, or vulgar manner while using Our service or Website;
- Use the Website for any unlawful purpose;
- Upload, post, email, or otherwise transmit any content that You do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
- Upload, post, email, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other intellectual property right of any party;
- Upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- Upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- Interfere with or disrupt the Website, the services, the content or servers or networks connected to the Website, the services or the content, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website, the services, and/or the content, the terms of which are incorporated herein;
- Intentionally or unintentionally violate any applicable local, state, national, or international law.
Without the express prior written authorization of New Age Skin Care, You may not:
- Duplicate the Website (except as expressly provided elsewhere in this Agreement or as permitted by law);
- Create derivative works based on the Website or any of the Intellectual Property;
- Remove any copyright or other proprietary notices from the Website or any of the Intellectual Property contained therein;
- Frame or utilize any framing techniques in connection with the Website or any of the Intellectual Property;
- Use any meta-tags or any other "hidden text" using the Website's name or marks;
- "Deep-link" to any page of the Website;
- Circumvent any encryption or other security tools used anywhere on the Website (including the theft of user names and passwords or using another person's user name and password in order to gain access to a restricted area of the Website);
- Use any data mining, bots, or similar data gathering and extraction tools on the Website;
- Use any device, software or routine to bypass any operational element or to interfere, or attempt to interfere, with the proper working of the Website, server or activities conducted therein; or,
- Take any action that imposes an unreasonable or disproportionately large load on the Website or its network infrastructure.
TERMINATION OF AGREEMENT
This Agreement shall remain in force as long as You access the Website, use any functions or features of the Website, or order anything from the Website. New Age Skin Care reserves the right to terminate this Agreement without notice and/or refuse to sell to anyone who New Age Skin Care believes, in Our sole discretion, (i) has violated any of the terms of this Agreement, (ii) is abusing the Products or the services New Age Skin Care provides, or (iii) is unable to provide Us with sufficient information to allow Us to properly identify the customer's real name, address, or other contact information.
The Website may provide links to other World Wide Web sites or resources. New Age Skin Care has not reviewed these websites and is not responsible for the accuracy, content, privacy policies or availability of information found on websites that link to or from any New Age Skin Care Website. New Age Skin Care cannot ensure that You will be satisfied with any products or services that You purchase from a third-party site that links to or from any New Age Skin Care Website or third-party content on our sites. New Age Skin Care does not endorse any of the merchandise, nor has New Age Skin Care taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites or content. New Age Skin Care does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) You might be requested to give any third party, and You hereby irrevocably waive any claim against New Age Skin Care with respect to such sites and third-party content. New Age Skin Care strongly encourages You to make whatever investigation You feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Neither New Age Skin Care nor its affiliates, officers, directors, shareholders, employees, independent contractors, telecommunications providers, or agents shall be liable for any damages, including but not limited to direct, indirect, incidental, consequential, or punitive damages arising out of your use of third-party material or third-party sites that are linked to this Website. No link to the Website may be framed to the extent that such frame contains any sponsorship, advertising, or other commercial text or graphics. All links to the Website must be to wwwdomain. Deep linking to internal pages of this Website is expressly prohibited without prior written consent from New Age Skin Care.
New Age Skin Care shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond Our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, for so long as such event continues to delay New Age Skin Cares' performance.
You agree to defend, indemnify, and hold harmless New Age Skin Care, its affiliates, officers, directors, shareholders, employees, independent contractors, telecommunications providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including, but not limited to, reasonable legal and accounting fees, which are limited to the laws of the state of Arizona, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from Your use, misuse, or inability to use the 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.
DISPUTE RESOLUTION BY BINDING ARBITRATION
We each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents/information, and the proposed resolution. You agree to contact Us with disputes by writing to Us at New Age Skin Care, 326 S. Siesta Lane, Suite 7, Tempe, AZ 85281. We will contact You by letter to Your billing address You provided Us.
Instead Of Suing In Court, We Each Agree To Arbitrate Disputes
If either New Age Skin Care or You wants to arbitrate a dispute, We each agree to send written notice to the other providing a description of the dispute, previous efforts to resolve the dispute, all supporting documents/information, and the proposed resolution. Notice to You will be sent to Your billing address that You provided Us and notice to Us will be sent to: New Age Skin Care, 326 S. Siesta Lane, Suite 7, Tempe, AZ 85281. We each agree to make attempts to resolve this dispute within forty-five (45) days of receipt of the notice to arbitrate, then We may submit the dispute to formal arbitration.
The FAA applies to this Agreement and arbitration provision. We each agree that the FAA's provisions, not state law, govern all questions of whether a dispute is subject to arbitration.
The arbitration will be administered by the National Arbitration Forum ("NAF") under its arbitration rules. If any NAF rule conflicts with the terms of this Agreement, the terms of this Agreement apply. You can obtain procedures, rules, and fee information from the NAF at 1-800-474-2371 or www.adrforum.com.
Unless We each agree otherwise, the Arbitration will be conducted by a single neutral arbitrator and will take place in the state of Your last billing address. The federal or state law that applies to the Agreement will also apply during the Arbitration.
We each agree not to pursue arbitration on a consolidated or classwide basis. We each agree that any arbitration will be solely between You and New Age Skin Care (not brought on behalf of or together with another individual's claim). If for any reason any court or arbitrator hold that this restriction in unconscionable or unenforceable, then this agreement to arbitrate does not apply and the dispute must be brought in court.
We each are responsible for our own costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration. However, New Age Skin Care will cover any arbitration administrative or filing fee above: (a) $25 if You are seeking less than $1,000 from New Age Skin Care or (b) the equivalent court filing fees for a court action in the appropriate jurisdiction if you are seeking $1,000 or more from us.
No Class Actions
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CONSOLIDATED OR CLASSWIDE BASIS; THATIS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSION OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITYON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.
No Trial By Jury TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION, OR OTHERPROCEEDING.
No waiver of or by New Age Skin Care shall be deemed a waiver of any subsequent default of the same provision of this Agreement. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.
All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of this 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 the Products, and supersedes and replaces all prior understandings or agreements, written or oral, regarding such subject matters.
MODIFICATIONS OF AGREEMENT
New Age Skin Care 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. New Age Skin Care does not and will not assume any obligation to provide You with notice of any change to this document. Unless accepted by New Age Skin Care in writing, these terms and conditions may not be amended by You.