General Terms & Conditions
Applicability - The following provisions are applicable for the relationship between DermSilk (hereinafter referred to as “Supplier”) and customers interacting with and/or making purchases from DermSilk (hereinafter referred to as “Customer”) on www.dermsilk.com (hereinafter referred to as “Website”).
Subscription Orders - Subscription orders allow customers to lock in a discounted rate on products and have orders automatically billed and shipped at any of the following intervals: 2 Weeks, 3 Weeks, 1 Month, 2 Months, 3 Months, 4 Months. We offer a hassle free anytime cancellation policy. You may cancel via your customer account portal or by contacting us through chat, email or phone.
Agreement - The goods and services sold on the Website form an offer from the Supplier for the Customer and are subject to all terms and conditions listed on the Website. Any transaction made on the Website form acceptance of this offer.
Availability - Any offer made by the Supplier is subject to the availability of good(s). If any good(s) are not available at the time of the agreement, the entire offer is considered null and void.
a. All prices listed on the Website are displayed in USD ($/United States Dollars).
b. All prices are subject to printing and typing errors. The Customer agrees that the Supplier accepts no liability for the consequences of these errors. In the case of this event, the Supplier is not responsible or obligated to deliver the good(s).
c. Prices listed on the Website are void of any applicable taxes or shipping charges. These fees are calculated at checkout and are to be covered by the Customer.
a. Payment from the Customer to the Supplier will be made in advance as indicated on the Website. The Supplier will not deliver good(s) until after payment is received.
b. The Supplier has fraud protection policies in-place to protect itself against fraudulent orders and payments. The Supplier may use any technology or company at their discretion or this service. If an order is rejected due to potential fraud, the Customer does not hold the Supplier responsible for any losses.
c.In the event of a payment reversal by the Customer, or if the payment fails to process for any reason, full payment is due immediately. For orders in which the Supplier extends net credit terms to the Customer, full payment is due as stated on those individual terms. Those terms may also specify interest rate for outstanding balances. These rates are subject to change at any time and may vary.
a. Delivery periods displayed on the Website are estimations, and therefore not binding. The Supplier will attempt to meet these quoted delivery dates as much as possible, however, will not be held responsible by the Customer in the inability to deliver. Inability to deliver does not grant the Customer the right to terminate the aforementioned agreement or demand any compensation for losses.
b. When only a portion of an order is available, the Supplier has the right to ship a partial or hold the order to ship complete once the entire order is available.
Transport and Delivery
a. The good(s) orders from the Supplier by the Customer will be shipped to the delivery address provided by the Customer. Transportation to this address will take place in a manner determined by the Supplier.
b. Ownership of a risk of loss of the ordered good(s) is transferred to the Customer upon delivery.
c. Delivery is defined as the moment the good(s) are handed from the transport company to the Customer. Handover may be performed directly (handing the good(s) directly to the Customer) or indirectly (leaving the good(s) at the Customer’s door).
Complaints and Discrepancies
a. The Customer must check the good(s) immediately upon delivery to confirm that the contents are in accordance with the order confirmation. Any discrepancies must be brought to the Supplier’s attention within 48 hours of delivery. If notice is not provided by the Customer to the Supplier of any discrepancies within this timeframe, the Customer automatically confirms that the delivery has been completed in accordance with the order confirmation.
b. If good(s) become defective within seven (7) days of delivery, the Supplier agrees to replace the good(s) and will cover the cost of shipping for both the defective and replacement good(s). To qualify for this policy, the Customer must notify the Supplier and request the appropriate return authorization documentation. Defective good(s) must be returned in the original packaging. c Goods not returned in their original packaging, even if defective, do not qualify.
c. The Customer will not return any good(s) to the Supplier without prior approval and the proper return authorization documentation. All returns are at the discretion of the Supplier and must have an authorized RMA “return merchandise authorization number”. This RMA can be requested by contacting the Supplier. Returns must be received by the Supplier within 14 days of the RMA issue date.
Force Majeure - If the Supplier is unable to meet its obligations, or can only meet them with difficulty, as a result of force majeure, it will be entitled wholly or partially to suspend or terminate the agreement with the Customer without judicial intervention. In such cases, the obligations under the agreement will wholly or partially be ended, without the parties being entitled to claim any compensation for loss or any other benefit from one another. In the event of partial compliance by the Supplier, the Supplier will return and transfer the part of the purchase amount pertaining to the part not complied with.
Return Shipments - An RMA is required for all return shipments. The Customer agrees to obtain an RMA by following the return instructions as found on the Website. If the Customer does not have an RMA, the Supplier will be entitled to refuse the return shipment. Taking receipt of a return shipment does not imply acknowledgement or acceptance by the Supplier of the reason for the return shipment stated by the Customer. The risk pertaining to a return shipped good remains with the Customer until the Supplier has received the returned good.
Applicable Law - The obligations between the Supplier and the Customer will be subject to the laws of the State of California, to the exclusion of all other countries’ and states’ laws.
a. If one or more of the provisions in the agreement between the Supplier and the Customer – including these general terms and conditions – are void or become legally invalid, the rest of the agreement will remain in force. The parties will consult with one another regarding the provisions which are void or are deemed legally invalid, in order to make a replacement arrangement.
b. The headings articles contained in these terms and conditions only serve as an indication of the subjects to be covered by said articles; no rights are to be derived from them.
c. The failure by the Supplier to invoke these terms and conditions in any case does not imply a waiver of the right to do so at a later stage or in a subsequent case.
d. Wherever applicable, the word “Customer” must also be read as “Customers”, and vice versa.
Language - These general terms and conditions have been drawn up in the English language. In the event of a dispute regarding the content or tenor of these general terms and conditions, the English text is binding. This text is not a legal document.
Disputes - Any disputes which may occur in the context of the agreement to which these general terms and conditions are applicable, or in the context of subsequent agreements related to it are subject to the laws of the State of California and may only be put before the competent court as designated by the Supplier.
All information on the Website was posted at the discretion of the Supplier and may be amended, removed, changed, or altered at any time and without notice.
The Supplier does not guarantee that all information displayed on the Website is correct. No rights may be derived from the information on the Website. Each use of the Website is performed at the Customer’s own risk. The Supplier will not be held liable for damage or loss that occurs or could occur as a result of direct or indirect use of the information found on the Website.
Downloading or acquiring information from the Website is done so at the Customer’s own risk. The Customer is responsible for any damage or loss to any computer system or data arising from downloading such materials.
All information on the Website is protected by intellectual property rights including but not limited to copyright, including but not limited to all text, photos, images, logos, graphics, and illustrations displayed. It is not permitted to store any part of the Website for personal or professional use, frame it, or reproduce it without written permission from the Supplier.
Use of the trade name and trademark rights to the name DermSilk, and use of the trademark right to the DermSilk logo are held by DermSilk. The use and reproduction of these assets are reserved exclusively for the Supplier and their group of companies and licenses. Use of these assets is forbidden without expressed written permission from an authorized officer of DermSilk.
All terms and use are subject to California law. Any disputes arising from the use of the Website and/or the information derived from the Website can only be put before the designated court.