Terms & Conditions
These Terms and Conditions (Terms) are entered into by the customer that accepts these Terms electronically (you or your means you and your agents, as applicable) and Hammer Holdings, LLC, DBA Dermolyte Skincare (The Company). These Terms govern your purchase of Dermolyte Skincare’s skin care products (the Product), and your use of and access to this Website and any and all of its sub-pages (collectively, The Website). These Terms may be updated from time to time, without notice to you. Your continued purchase of the Product constitutes your acceptance to the new Terms.
1. Important Disclaimer
The Product should not be used by anyone under who is pregnant, nursing, or breastfeeding. Information and statements regarding product have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure or prevent any disease. You further agree not to use or access the Website or purchase the product if doing so would violate the laws of Your state, province or country.
3. PURCHASING THE PRODUCT
Upon placing your first order for the Product you will be enrolled in Dermolyte Skincare Refill Program. As a member in the Program, Dermolyte Skincare will immediately send you a trial bottle, and all you pay for is shipping and handling at a rate of $9.95 (USD)(occasional promotional rates may apply). As a member in the Program, you have 14 days to try the Product (the Trial Period). Please note that delivery time is subtracted from your Trial Period, and will reduce the number of days allocated to your Trial Period. If the Product is not right for you call 1-800-453-7610 during the Trial Period. Otherwise, at the end of your Trial Period, as a member in the Program, your credit card will be charged $89.95 (USD) for the Product you already received. Then 45 days from your initial order of the Product (and every 30 days thereafter), you will be sent a new supply of the Product, (50 mL worth) and your credit card will be charged $89.95 + $9.95 S/H (the Monthly Fee).
Foreign Transaction Fee: Occasionally Dermolyte Skincare uses international banks for credit card processing. Some Issuing banks (the bank your credit card card is tied to) charge small fees for processing offshore. These may show up as "Int Fee", "Foreign Transaction Fee," or something similar. These fees are charged by your bank, not Dermolyte Skincare.
You hereby authorize Dermolyte Skincare (or its partners, affiliates and/or agents) to charge your credit card the Monthly Fee and You acknowledge and agree that Dermolyte Skincare will not obtain additional authorization from you for each Monthly Fee charged to your Credit Card.
4. CANCELLATION AND REFUND AND EXCHANGE POLICY
If you wish to cancel future deliveries of the Product or receive an RMA number, you must call 1-800-453-7610.
If you cancel after the expiration of the Trial Period, you may still receive a refund by calling 1-800-453-7610. To make a return, please call for a RMA. All Product returns must be sent to Dermolyte Skincare at 405 W. Fairmont Dr., Tempe, AZ 85282. The items must be returned in the same condition as received.
PLEASE NOTE THAT THERE IS A 20% RESTOCKING FEE ON ALL RETURNED PRODUCTS.
5. GENERAL PAYMENT INFORMATION
All fees are payable in United States currency. Upon prior written notice to you (i.e., email), Dermolyte Skincare reserves the right to change its pricing and/or billing practices whenever necessary, in its sole discretion. If you do not agree with these changes, you may cancel your membership in the Program, as applicable, at any time, but you will remain responsible for timely payment of any and all fees that you have already incurred (including any applicable late fees). Continued acceptance of the Product, after receipt of such notice shall constitute consent to any and all such changes. If you fail to make any scheduled payment for a Product, such overdue amounts will be subject to interest charges in the amount of one and one half percent (1.5%) per month, compounded monthly and Dermolyte Skincare may, in its sole discretion, decide to terminate your membership in the Program for non-payment.
6. License Grant
Dermolyte Skincare grants you a limited license to access and make personal use of the website and not to download (other than page caching) or modify it, or any portion of it. This license does not include any resale or commercial use of the website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the website or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Dermolyte Skincare.
Upon request by Dermolyte Skincare, you agree to defend, indemnify, and hold harmless Dermolyte Skincare and its affiliates, their employees, contractors, agents, representatives, officers, directors, co-branders, content licensors and/or other partners from all liabilities, claims, and expenses, including without limitation attorneys fees that arise from: (a) your use of the website or the Products; and/or (b) your breach of these Terms and the terms of the Program. Dermolyte Skincare reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Dermolyte Skincare in asserting any available defenses.
All content included on this website, including but not limited to text, graphics, logos, button icons, images, and audio clips, digital downloads, and data compilations, is the property of Dermolyte Skincare and is protected by United States and international copyright laws.
9. Third Party Sites
Dermolyte Skincare may allow third parties to advertise on the website. Please be aware that Dermolyte Skincare is not responsible for the business and privacy practices of these other sites. Dermolyte Skincare encourages you to be aware of this when you leave the website and to read the legal notices and privacy policies of each and every website you visit. The website also contains links to other websites on the Internet that are owned and operated by third parties. Dermolyte Skincare does not control the information, products or services available on these third party websites. The inclusion of any link does not imply endorsement by Dermolyte Skincare of the applicable website or any association with the website’s operators. Because Dermolyte Skincare has no control over such websites and resources, you agree that Dermolyte Skincare is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from any such websites or for the protection of your data privacy by third parties. You agree that Dermolyte Skincare shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site or any such dealings or promotions.
10. Disclaimer of Warranties
THE WEBSITE AND THE PRODUCT OFFERED ON THE WEBSITE, ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). Dermolyte Skincare MAKES NO WARRANTY THAT THE WEBSITE OR THE PRODUCT OFFERED ON THE WEBSITE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) WILL HAVE SECURITY METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE WEBSITE, OR AGAINST INFRINGEMENT; AND/OR (E) WILL BE ACCURATE OR RELIABLE. THE WEBSITE AND THE PRODUCT OFFERED ON THE WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
11. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Dermolyte Skincare SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Dermolyte Skincare HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE WEBSITE AND THE PRODUCT ON THE WEBSITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY PRODUCT PURCHASED OR OBTAINED FROM OR THROUGH THE WEBSITE; (C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR PERSONALLY IDENTIFIABLE DATA; (D) THE FAILURE TO REALIZE ANY SKIN CARE BENEFIT OR OTHER HEALTH-RELATED OUTCOME; AND (E) ANY OTHER MATTER RELATING TO THIS WEBSITE OR THE PRODUCT OFFERED ON THE WEBSITE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE Dermolyte Skincare FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF Dermolyte Skincare TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE THIS WEBSITE, THE PRODUCT AND/OR SERVICES OFFERED ON THE WEBSITE, MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND Dermolyte Skincare. ACCESS TO THE WEBSITE AND THE PRODUCT OFFERED ON THE WEBSITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS Dermolyte Skincare LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
12. Choice of Law and Arbitration Provision
Any dispute arising out of or related to these Terms, which cannot be resolved by negotiation (including, without limitation, any dispute over the ability to arbitrate an issue), will be settled by binding arbitration in accordance with the J.A.M.S Arbitration Rules and Procedures. The arbitration will be held in Denver, CO. The costs of arbitration, including the fees and expenses of the arbitrator, will be borne by the party initiating the action unless the arbitration award provides otherwise. Each party will bear the cost of preparing and presenting its case. The parties agree that the arbitrator has no power or authority to make awards or issue orders of any kind except as expressly permitted by these Terms, and in no event does the arbitrator have the authority to make any award that provides for punitive or exemplary damages. The award may be confirmed and enforced in any court of competent jurisdiction. These Terms shall be treated as though it were executed and performed in Denver, CO and shall be governed by and construed in accordance with the laws of the State of Colorado (without regard to conflict of law principles).
You represent and warrant that (a) you are at least 18 years of age (or 19 years of age in the jurisdiction mentioned above); (b) you have the full right, power and authority to enter into this agreement; (c) by entering into this agreement you are not breaching any duty or obligation to any third party; and (d) the person consenting to these Terms is your duly authorized representative and authorized to bind you to the terms of these Terms. You may not assign or delegate any or all of your rights, obligations, and duties under these Terms without the prior written consent of Dermolyte Skincare, which may be withheld in Dermolyte Skincare sole discretion. If any clause or provision in these Terms is determined to be invalid or unenforceable, it will not affect the validity of any other clause or provision these Terms, which will remain in full force and effect. No waiver of any of the provisions of these Terms is binding unless it is in writing and signed by Dermolyte Skincare. The failure of either Dermolyte Skincare to insist on the strict enforcement of any provision of these Terms does not constitute a waiver of any provision and all terms shall remain in full force and effect. These Terms supersede and replace all prior and contemporaneous agreements, understandings and representations, whether oral or written, between the parties and relating to the subject matter hereof, and together with the other documents referenced herein, constitutes the entire understanding of the parties with respect to the subject matter of these Terms.
14. Dermolyte SkincareOne Year Warranty
We stand behind the quality of our product and guarantee to the original purchaser that our product shall be free from defects in material or workmanship for a period of one year from the original purchase date. This warranty applies to the product under normal. In the event you need to exchange your Product, simply call customer service at 1-800-453-7610 to obtain a Return Merchandise Authorization (RMA). Place the RMA number and the item(s) to be exchanged in a padded envelope, and mail it to us at Dermolyte Skincare Returns, 8601 W. Washington St. Suite 200 Tolleson, AZ 85353
Please allow 1-2 weeks for processing.
NOTE: All exchange requests MUST be accompanied by an RMA number, be received within one year from the date of the original order, and include all items to be exchanged . We reserve the right to refuse any exchange request that does not meet these requirements. We recommend that you return your product via traceable mail as we do not take any responsibility for undelivered exchanges.
15. CONTACT INFORMATION
If you have any questions about these Terms, please feel free to contact us at 1-800-453-7610 or for faster service email us at firstname.lastname@example.org.
Hours of Operation: Mon.-Fri. 9:00am-9:00pm EST.
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