TERMS AND CONDITIONS OF WEBSITE USE
1. CONTROLLING PROVISIONS: No terms and conditions other than the Terms and Conditions of Website Use (“Terms and Conditions”) contained herein shall be binding upon MBR Medical Beauty Research USA LLC (hereinafter “MBR”) unless accepted by it in a writing signed by an officer of MBR. All terms and conditions contained in any prior oral or written communications are superseded by these Terms and Conditions. Buyer will be deemed to have assented to all Terms and Conditions contained herein if any part of the goods and/or services described herein are shipped or an invoice is presented in connection with the said goods and/or services.
Please note that your use of our Website constitutes your agreement to follow and be bound by these Terms and Conditions. We may modify these Terms and Conditions or other policies set forth on the Site from time to time. When we modify these Terms and Conditions, we will update the “Last Updated” line above.
2. REVIEW: It is your responsibility to regularly review these Terms and Conditions. Your use of the Site following the posting of an updated Terms and Conditions constitutes your acceptance of such updated Terms and Conditions.
3. PURCHASING: You may only buy products from our website if you are 18 yrs or older. You may not purchase for resale purposes. Please read and check your order to ensure it is correct. (Specifically, the quantities and size options.) Buy clicking “Submit Order” you are committed to the purchase. You will receive an email from us acknowledging that we have received your order. Once the payment is processed you will receive an acceptance email.
4. RETURNS: Refunds, exchanges or credit on unopened products only are allowed within 30 days of delivery date on MBRskincare.com purchases.
5. EMAIL: Buyer is aware they will receive order emails which are sent as part of the order process. Also, unless Buyer opts out, Buyer will receive periodic promotional emails from MBR about MBR’s promotions and products. Buyer can permanently opt out of promotional emails by contacting us by email at [email protected] or by phone at 1.888.627.2012. Also, Buyer can permanently opt out by clicking the unsubscribe link in any of the promotional emails MBR sends.
6. TERMS: Buyer agrees to pay for the products according to MBR’s payment terms. All orders ship after payment has been processed.
7. DELIVERY: MBR will make a good faith effort to complete delivery of the products as indicated by MBR in writing, but MBR assumes no responsibility or liability and will accept no back charge for loss or damage due to delay or inability to deliver, whether or not such loss or damage was made known to MBR, including, but not limited to, liability for MBR's non-performance caused by natural disasters, war, labor difficulties, accidents, inability to obtain materials, delays of carriers, contractors or suppliers or any other causes of any kind whatever beyond the control of MBR. Under no circumstances shall MBR be liable for any special, consequential, incidental, indirect, or liquidated damages, losses, or expense (whether or not based on negligence) arising directly or indirectly from delays or failure to give notice of delay.
8. PAYMENT: Payment terms are Credit Card only. Buyer’s obligation to pay all amounts is absolute and unconditional and is not subject to any abatement, reduction, set-off, defense, counterclaim, interruption, deferment or recoupment for any reason whatsoever.
9. PRICING: We strive to ensure accuracy in pricing on our website, however, errors may occur. We cannot be held responsible for any misrepresentation in pricing that might arise and apologize for any inconvenience that may result should this occur.
10. INDEMNIFICATION: MBR shall not be responsible for any losses or damages sustained by the Buyer or any other person because of misuse or misapplication of the products. Buyer shall defend, indemnify and hold harmless MBR and its agents and employees against any loss, damage, claim, suit, liability, judgment or expense (including, without limitation, attorneys’ fees) arising out of or in connection with any injury, disease or death of persons (including, without limitation, Buyer's employees and agents) or damage to or loss of any property or the environment, or violation of any applicable laws or regulations resulting from or in connection with the sale, transportation, or use of the products by Buyer, whether caused by the concurrent and/or contributory negligence of Buyer, MBR, or any of their agents, employees or suppliers. The obligations, indemnities and covenants contained in this paragraph shall survive the consummation or termination of this transaction.
11. WARRANTIES DISCLAIMER: This Site and the materials and products on this Site are provided “as is”. Except as otherwise provided on each product, MBR disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. MBR does not represent or warrant that the functions contained in the Site will be uninterrupted or error-free, that the defects will be corrected, or that this Site or the server that makes the Site available are free of viruses or other harmful components. MBR does not make any warrantees or representations regarding the use of the materials in this Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
12. NSPECTION AND ACCEPTANCE: Claims for damage, shortage or errors in shipping must be reported within one (1) day following delivery to Buyer. Buyer shall have two (2) days from the date Buyer receives any products to inspect such products and services for defects and nonconformance that are not due to damage, shortage or errors in shipping and notify MBR, in writing, of any defects, nonconformance or rejection of such products. After such two (2) day period, Buyer shall be deemed to have irrevocably accepted the products, if not previously accepted. After such acceptance, Buyer shall have no right to reject the products for any reason or to revoke acceptance. Buyer hereby agrees that such two (2) day period is a reasonable amount of time for such inspection and revocation. Buyer shall have no right to order any change or modification to any product or service previously ordered by Buyer or its representatives or cancels any order without MBR's written consent and payment to MBR of all charges, expenses, commissions and reasonable profits owed to or incurred by MBR.
13. SALES TAXES: We are required by law to collect state sales tax on orders being shipped to the following states CA. Sales tax will be assessed on the total purchase*, including shipping and handling charges. If you have other questions regarding sales tax, please feel free to Email Us at [email protected]
14. SEVERABILITY: These Terms and Conditions shall not be construed against the party preparing them, but shall be construed as if all parties jointly prepared these Terms and Conditions and any uncertainty or ambiguity shall not be interpreted against any one party. If any provision hereof is held to be illegal, invalid or unenforceable under any present or future laws, such provision shall be fully severable and the Terms and Conditions herein shall be construed and enforced as if such illegal, invalid or unenforceable provision had never been made a part hereof. The remaining provisions herein shall remain in full force and effect and shall not be affected by such illegal, invalid or unenforceable provisions or by their severance here from.
15. NON-WAIVER: MBR's failure to insist upon the strict performance of any term or condition herein shall not be deemed a waiver of any of MBR's rights or remedies hereunder, nor of its right to insist upon the strict performance of the same or any other term herein in the future. No waiver of any term or condition hereunder shall be valid unless in writing and signed an officer of MBR.
16. NOTICE: Any required notices shall be given in writing, in the case of MBR, at MBR Medical Beauty Research USA LLC, 8484 Wilshire Blvd. Suite 540, Beverly Hills CA, 90211. In the case of Buyer, at the address designated on Buyer’s purchase order or to such other address as either party may substitute by written notice to the other and shall be deemed given upon personal delivery, overnight delivery or five days following deposit in the mail.
17. LIABILITY: Our liability If we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if you and we contemplated it at the time we entered into the Contract.
We only supply Products (including any free samples provided with your order) for domestic and private use. You agree not to use the Products for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We do not in any way exclude or limit our liability for:
- Death or personal injury caused by our negligence;
- Fraud or fraudulent misrepresentation; and any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
18. ENTIRE AGREEMENT: This document constitutes the entire, complete, and exclusive agreement between the parties with respect to the subject matter hereof and contains all the agreements and conditions of sale; no course of dealing or usage of the trade shall be applicable unless expressly incorporated herein. The Terms and Conditions contained herein may not be added to, modified, superseded or otherwise altered except by a written modification signed by an officer of MBR. All transactions shall be governed solely by the Terms and Conditions contained herein. These Terms and Conditions constitute the entire agreement between you and us and they supersede any and all earlier agreements between you and us.
19. GOVERNING LAW AND JURISDICTION: United States law governs these Terms and Conditions. This means that United States law will govern the Contract for the purchase of Products through our Website, and any dispute or claim arising out of or in connection with it. You and we both agree that the courts of the United States will have exclusive jurisdiction of any disputes.