Last Updated: 01/05/16
INTRODUCTION AND ACCEPTANCE OF TERMS
This website offers consumers a convenient way to find, learn about, and purchase products from ATOI Skincare, Inc ( “we”,” us”, or “our”). We provide this website (the “Site”) subject to the terms and conditions set forth herein (the “Agreement”). The terms of this Agreement apply whether you are just visiting the Site or are a registered Account user (as described below). By using the Site, you acknowledge that you have read and understand this Agreement and that you agree to be bound by all of its terms. If you do not agree to all of the terms set forth in this Agreement, please do not use the Site.
Your use of this Site shall be governed in all respects by the laws of the state of New York, U.S.A., without regard to choice of law provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site shall be in the state or federal courts located in New York County, New York.
In accordance with our ÀTOI Skincare, Inc Store Policies, to make a purchase online, you must be a legal resident of the 50 states of the United States of America or the District of Columbia and be at least 18 years of age.
MODIFICATION OF THIS AGREEMENT
We may modify this Agreement or other policies set forth on the Site from time to time. When we modify this Agreement, we will update the “Last Updated” line above. It is your responsibility to regularly review this Agreement. Your use of the Site following the posting of an updated Agreement constitutes your acceptance of such updated Agreement.
If any part of this Agreement is found to be invalid or unenforceable, that shall not affect the validity or enforceability of any other provision of this Agreement.
The use of certain services on the Site requires the user to have established a user account (an “Account”). There is no charge to establish or maintain an Account, and an Account is required to make a purchase from the Site. In order to establish an account, you must:
• Provide us with your name, a valid e-mail address, and such other information as we may require from time to time;
• Create a password; and
• In accordance with our ÀTOI Skincare, Inc Store Policies, to make a purchase online, you must be a legal resident of the 50 states of the United States of America or the District of Columbia and be at least 18 years of age.
You are solely responsible for maintaining the confidentiality of your password(s) and for restricting access to your computer, and for all activities that occur under your Account or password. We will not be liable for any loss that you may incur as a result of someone else using your Account or password, either with or without your knowledge. You agree to be responsible for losses incurred by us or another party due to someone else using your Account and/or password either with or without your knowledge. You agree to notify us immediately of any unauthorized use of your Account and/or password(s) and any other breach of security relating to the Site. You agree that any information you provide to us will be current, accurate and complete and that you will keep such information up to date by notifying us of any changes.
CODE OF CONDUCT
By accessing or using any Site or any feature provided through our Site, including but not limited to, when submitting a Communication to our Site, you agree to abide by the following standards of conduct. You agree that you will not, and will not authorize or facilitate any attempt by another person or entity to:
• Post any information known by you to be false, inaccurate or misleading.
• Post or transmit any Communication that contains or advocates hate or racism or that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious or otherwise objectionable, in whole or in part, or that interferes with anyone’s use or enjoyment of the Site, as determined by ÀTOI Skincare, Inc.
• Post or transmit defamatory, libelous or slanderous Communications.
• Post or transmit any Communication that infringes another person or entity’s copyright, trademark, right of publicity or other proprietary right or violates any applicable law. Any person determined by ÀTOI Skincare, Inc, in its sole discretion, to have repeatedly violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on the Sites.
• Post any Communication which violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, and false advertising).
• Post any Communication depicting a health condition in a derogatory or inflammatory way or misrepresenting a health condition in any way.
• Post any Communication for which you were compensated or granted any consideration by any third party.
• Post any third party web sites, addresses, email addresses, contact information or phone numbers.
• Reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of any Site or use or access to the Site.
• Post unsolicited advertising or unlawfully promote products or services, including sending unsolicited email advertisements. Harass, threaten, stalk or intentionally embarrass or cause distress to another person or entity.
• Impersonate another person or entity.
• Promote, solicit, or participate in any multilevel marketing or pyramid schemes.
• Solicit personally identifiable information from or exploit children.
• Engage in disruptive activity such as sending multiple messages in an effort to monopolize the forum or posting unrelated to a forum’s designated topic or theme.
• Introduce viruses, worms, Trojan horses, harmful code, or any software or other materials that contain a component harmful to the Site.
• Gain unauthorized access to any computer system or nonpublic portion of the Site or interfere with or disrupt the Web Sites or the servers or networks connected to the Site.
• Invade the privacy of any person, including posting personally identifying or otherwise private or sensitive information about a person without their consent or harvesting personally identifiable information about the Sites’ users.
• Engage in, encourage, advocate, provide instructions for or discuss with the intent to commit conduct that would constitute a criminal or civil offense or otherwise violate any federal, state, local, or international law or regulation.
• ÀTOI Skincare, Inc cannot and does not assure that other users are or will be compliant with the foregoing Code of Conduct or any other provisions of these Terms, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
CONTENTS OF THE WEB SITE - DISCLAIMER
The materials the Site (including any graphics, software, recommendations or other materials) and any materials made available through the Site are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, ÀTOI Skincare, Inc disclaims all warranties, express or implied, including but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. ÀTOI Skincare, Inc does not warrant or make any representations regarding the use or the results of the use of the materials in the Site in terms of its correctness, accuracy, reliability, or otherwise. The materials in the Site could include technical inaccuracies or typographical errors. These materials could be inaccurate or become inaccurate as a result of development occurring after their respective dates. ÀTOI Skincare, Inc undertakes no obligation to verify or maintain the accuracy of such information. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.
OPERATION OF THE WEB SITES - DISCLAIMER
ÀTOI Skincare, Inc endeavors to maintain the Site and its operation, but is not, and cannot be, responsible for the results of any defects that may exist in the Site or its operation. As to the operation of the Site, ÀTOI Skincare, Inc expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to all implied warranties of merchantability or fitness for a particular purpose, title and non-infringement. ÀTOI Skincare, Inc makes no warranty that (i) the operation of the Site will meet the user’s requirements; (ii) access to the Site will be uninterrupted, timely, secure, free of viruses, worms, Trojan Horses or other harmful components, or free of defects or errors; (iii) the results that may be obtained from the use of the Site will be accurate or reliable; or (iv) defects will be corrected. You (and not ÀTOI Skincare, Inc) assume the entire cost of all servicing, repair, or correction that may be necessary for your computer equipment and software as a result of any viruses, errors or any other problems whatsoever you may have as a result of visiting the Site. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.
LIMITATION OF LIABILITY
In no event ÀTOI Skincare, Inc, be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential, damages, or any damages whatsoever, even if ATOI Skincare, Inc has been previously advised of the possibility of such damages, whether in an action under contract, negligence. or any other theory, arising out of or in connection with the use, inability to use, or performance of the information, service, products, and materials available from this site. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.
You agree to indemnify, defend, and hold harmless ÀTOI Skincare, Inc, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation by you of the Agreement, your use of the Site (including negligent or wrongful conduct) and/or the use of any Site for which you have registered by any other person using your user account.
To the extent consistent with our Privacy Statement, we may in our discretion communicate with you electronically, including but not limited to by email or by posting notices on the Sites. You consent to receive communications from us electronically and agree that all agreements, notices, disclosures or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
APPLICABLE LAW AND DISPUTES
The Agreement shall be governed by and interpreted in all respects in accordance with the substantive laws of the state of New York, U.S.A., without regard to its choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that except as specified herein, any disputes directly or indirectly arising out of or relating to the Agreement or the Site (including the purchase of ÀTOI Skincare, Inc products via the Site) shall be resolved exclusively in the state or federal courts located in New York County, New York. You hereby irrevocably consent to such venue and to the exclusive jurisdiction of any such court over any such dispute.
The foregoing notwithstanding, you agree that ÀTOI Skincare, Inc, at its sole discretion, may require you to submit any disputes directly or indirectly arising out of or relating to the Agreement or the Site exclusively to final and binding arbitration taking place in New York, New York under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding such Rules, however, such proceeding shall be governed by the laws of the state of New York, U.S.A. Any award in any arbitration initiated hereunder shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this section, except as may be required by statute.
Any cause of action or claim you may have directly or indirectly arising out of or relating to the Agreement or the Site (including the purchase of ÀTOI Skincare, Inc products via the Site) must be commenced within one (1) year after the claim or cause of action arises.
No failure on the part of ÀTOI Skincare, Inc to enforce any part of the Agreement shall constitute a waiver of any of ÀTOI Skincare, Inc’s rights under the Agreement whether for part or future actions on the part of any person. Neither the receipt of any funds by ATOI Skincare, Inc nor the reliance of any person on ÀTOI Skincare, Inc’s actions shall be deemed to constitute a waiver of any part of the Agreement. Only specific, written waiver signed by an authorized representative of ÀTOI Skincare, Inc shall have any legal effect whatsoever.
PRODUCTS & ORDERING
We currently accept the following payment methods:
• VISA • MasterCard • Discover Card • American Express
MAKING A PURCHASE
If you wish to purchase products or use certain services described on the Site, you will be asked to supply certain information, including but not limited to credit card or other payment information. You agree that all information that you provide to us will be accurate, complete and current. You agree to pay all charges incurred by you or any other user of your Account and/or any credit card or other payment mechanism issued to you, including without limitation any applicable taxes and shipping, handling and processing charges, if any, relating to such purchases and transactions. We will charge your credit card when the item you purchased is shipped. Credit card orders shipped to a location other than your billing address may require additional verification. Tax is collected only on orders shipped to NY.
We only sell products to individuals who can purchase with a permitted payment method.
You are permitted to purchase products or services via the Site only for personal use and not for resale. We may in our discretion refuse and/or cancel any order that we believe may lead to the resale of products or services ordered from us. We make no promise that products and services described on the Site are appropriate or available for use outside of the United States. Accessing this Site from territories where its contents are unlawful is prohibited. It is your responsibility to ascertain and obey all applicable laws and regulations with respect to the purchase, possession and use of any product or service ordered via the Site.
We reserve the right to refuse to process or complete any transaction, and to cancel any transaction, in our sole discretion.
ORDER ACCEPTANCE POLICY
The advertisement of any product on this Site does not constitute an offer to sell. Your order or your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. All orders placed are subject to additional credit verification. We may also require additional verifications or information before shipping any order.
ORDER LIMITATION POLICY
Given the popularity of some products, we reserve the right to limit the quantities of items that can be purchased.
PRICING AND AVAILABILITY
All prices and availability of products are subject to change without notice, up until the order is completed and confirmed. We make every effort to provide you the most accurate information on pricing and availability.
In addition, some of the items on our web site may be incorrectly priced or no longer available at the time you place your order.
In the event a product is listed at an incorrect price, we have the right to refuse or cancel any orders placed for the product listed at the incorrect price. If an item’s correct price is lower than our stated price, we will charge the lower amount and ship you the item. If an item’s correct price is higher than our stated price, we will cancel your order and notify you of the price error and order cancellation. You will, of course, have an opportunity to purchase the item at the correct price, if you so wish.
If an item you have ordered is not available because it is temporarily out of stock, we will handle the issue as described in our Backorder Policy. If we do not believe that we will be able to fill your order at any time (such as, for example, if the product has been discontinued), we will notify you of the same by email or telephone and we will cancel your order for that item.
We try our best to be as accurate as possible. However, we do not warrant that the product descriptions or other content of this Site are accurate, complete, reliable, current, or error-free. The colors you see will depend on your monitor and we cannot guarantee that your monitor’s display of any color will be accurate. All features, content, specifications, sizes and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures and similar descriptions may be approximate and are provided for convenience only. Packaging may vary from that shown. If a product offered by us is not as described, your sole remedy is to return it unopened in its original packaging in accordance with the Return Policy and Return Procedures.
Although we make every attempt to have items in stock, occasionally items may be temporarily out of stock. If any item in your order is out of stock and we will be unable to ship it to you within 30 days of the date of your order, we will notify you of the delay, and you will have the opportunity to cancel the order if you wish by following the directions specified in the notice. If the item remains out of stock for a period of 60 days from the date of your order, we will cancel the order for the item, unless you request that we keep the order open and fill it later. If you receive a cancellation notification and would like us to keep the order open, please contact us by following the directions specified in the notice.
SHIPPING & RETURNS POLICY
Orders will only be shipped to addresses within the 50 states of the United States of America or the District of Columbia. We strive to ship your order as quickly as possible. However, our shipping estimates are not guarantees or promises that a product will ship on a specific day or be received by you within a specific period. The amount of time it takes for you to receive a product will depend on how long it takes us to process your order and how long it takes the carrier to deliver the order to you once it is shipped.
Our preferred shipping carrier is UPS. However, we reserve the right to use other shipping carriers.
Sorry, we are unable to ship to P.O. Boxes. All items must be shipped to a valid street address.
Shipping charges are based upon UPS Ground Shipping.
USPS Ground Shipping
Guaranteed day-definite delivery within 1 to 5 business days to all 50 states. Refer to USPS.com to determine scheduled delivery.
RISK OF LOSS
All items purchased from us are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
We want to ensure your complete satisfaction. We will happily accept returns in accordance with the following Return Policy:
Defective, damaged or incorrect items:
• Contact us at 212-929-2182 to speak to a Customer Service Representative and receive your return authorization (if eligible).
• You must have purchased the item from us at http://www.atoiskincare.com.
• If you received a damaged or defective item from us, or the wrong item was shipped to you, you will not be responsible for return shipping charges, and we will not charge any restocking or other fee in connection with the return. In addition, you will receive a full refund for the item, as described in our Refund Procedures.
• To obtain a refund, the item must be returned to us, unopened (unless the item was received by you in a defective or damaged condition) and in its original packaging, with all accessories, within 30 days of the date upon which we provided the item to the carrier for shipment to you. You must also follow the Return Procedures specified below.
• We cannot accept items back that have been opened or used unless the item was received by you in a damaged or defective condition.
• Damaged or defective items returned without their original packaging will not receive a refund. Other returns:
• Contact us at 212-929-2182 to speak to a Customer Service Representative and receive your return authorization (if eligible).
• You must have purchased the item from us at http://www.atoiskincare.com
• For all returns other than damaged, defective or incorrectly-shipped items (see above), you will be responsible for the shipping charges to return the item(s).
• To obtain your refund, the item must be returned to us, unopened and in its original packaging, with all accessories, within 30 days of the date upon which we provided the item to the carrier for shipment to you. You must also follow the Return Procedures specified below.
• To return an item, contact us at 212-929-2182 to speak to a Customer Service Representative and receive your return authorization (if eligible).
• Customer Service will provide you with a return label, which you will be required to print and affix to the package (if eligible).
• Securely pack the item(s) you are returning and include a copy of your original packing slip in an appropriately sized box.
• Affix the shipping label on the package to be returned.• After we receive, inspect and process your return, a refund will be issued in accordance with our Refund Procedures below.
If you are entitled to a refund in connection with a return, the following conditions will apply:
• Your refund will be in the form of payment used for the purchase.
• The amount refunded will be the purchase price paid by you for the returned item (which reflects the amount of any discounts, promotions or coupons that you received), including sales tax and shipping fees charged with respect to the item, as applicable.
• Credits will be issued after we receive, inspect and process your return. Please allow time for the returned item to be delivered to us, for us to inspect and process the return, and for the credit card issuer to credit your account. Your credit card company determines when the credit will be reflected in your statement. It may take one full billing cycle for the credit to appear on your account.
• Contact us at 212-929-2182 to speak to a Customer Service Representative for any questions about your return, or to inquire about the status of your refund.
Contact us via email: email@example.com
Contact us via phone: 212-929-2182 (Tuesday-Saturday 12am-6pm EST)
If these Terms do not address your question or if you would like to report a violation of our Code of Conduct, please contact us as follows:
Contact us via phone: 212-929-2182 (Tuesday-Saturday 12am-6pm EST)