|TERMS & CONDITIONS
LAST UPDATED: April 25th, 2011
ATTENTION: This is a binding agreement between You, the person or entity agreeing to the terms contained in this document ("You" "Your" or "Customer"), and alluskincare.com ("Our" or "Company") the owner and administrator of this Website and all content and functionality contained herein. IT IS STRONGLY RECOMMENDED THAT YOU REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ACCESSING, USING OR BUYING ANY PRODUCT THROUGH THE WEBSITE.
These terms and conditions, as well as any additional terms, conditions and covenants referenced in or made available by hyperlink in this document (collectively, these "Terms" or this "Agreement"), govern Your use of and access to this Website and any and all of its sub-pages (collectively, the "Website"). This Agreement is intended to be governed by the Electronic Signatures in Global and National Commerce Act. You manifest Your agreement to the terms in this document by any act demonstrating Your assent thereto, including clicking any button containing the words "I agree" or similar syntax, or by merely accessing the Website, whether You have read these terms or not. It is suggested that You print this form for Your personal records. Alluskincare.com reserves the right to revise, amend, or modify this policy and Our other policies and agreements related to the Website at any time and in any manner, without prior notice to You. Accordingly, You should periodically check this page for any modifications of these Terms. If You do not agree to be bound by these Terms, You may not enter, access or use the Website, or purchase any products through this Website, and You should exit the Website immediately. By accessing, using or ordering products through the Website, You affirm that You have read this Agreement and understand, agree and consent to all Terms contained herein.?You further agree not to use or access Website if doing so would violate the laws of Your state, province or country. At the bottom of this page appears a "last modified" date. If the "last modified" date remains unchanged, then You may presume that no changes have been made since the "last modified" date. A changed "last modified" dates indicate that this document has been updated or edited, and the updated or edited version supersedes any prior versions immediately upon posting.
ORDERING PRODUCTS THROUGH THE WEBSITE: POLICIES
NOTE:Allu Eye Serum comes with a (14) day trial period as described in this Agreement. If You have any questions about our 14- Day Trial, please contact Our Customer Service Department toll-free at 877-588-9583. Our Customer Service Department is open Monday through Friday, from 9am to 9pm Eastern Standard Time (EST).
14 DAY TRIAL
Our 14 DAY Trial policy requires You to understand certain important dates. The policy, and the important dates for You to know, are as follows:
OFFER TERMS: Your 14 DAY Trial of the Allu Eye Serum includes a full 30-day supply of Allu Eye Serum for just $4.95 S&H. You will have 14 days to try this product and join the movement sweeping across the country! If you like how our Allu reduces the visible signs of skin aging, do nothing and at the end of your trial period you agree to be billed the discounted price of $99.00. Plus, if you decide to keep your product, you agree to be enrolled in the Allu Ultimate Skin Club and every 30 days from your initial order date, you will receive a fresh supply of your product for the same low price (Plus $4.95 Shipping). If for any reason this product is not for you, call Allu Skin Care Customer Care toll-free at 877-588-9583 within your 14-Day trial period to cancel. We will issue you an RMA number and you then simply return the unused portion of the product and you will NEVER be billed. No commitments, no hassles! Offer is available while supplies last! Regardless of whether You cancel Your 14-Day Trial in a timely fashion or not, You will be responsible to pay the shipping and handling charges associated with Allu Eye Serum (currently $4.95). You agree that we can charge Your credit card for this amount, and You agree to pay such amount regardless of whether You cancel Your 14-Day Trial in a timely fashion or not. No refunds will be issued for shipping and handling charges.
CANCELLATION OF ORDER.
If You wish to cancel future deliveries of Allu Eye Serum and You are within the 14-Day Trial Period, then call Allu Skin Care Customer Care toll-free at 877-588-9583 within your 14-day trial period to cancel. We will issue you an RMA number and you then simply return the unused portion of the product within 30 days from the order date, and you will NEVER be billed, that is, unless you do not return the product within the time allotted. If You wish to cancel future deliveries of Allu Eye Serum outside of the 14-DayTrial, then You must call Our Customer Service Department toll-free at 877-588-9583 and request that such future shipments be terminated. Alternatively, you can send an email requesting cancellation to firstname.lastname@example.org. When emailing us, please include your full name and address. Your request for termination, whether by phone or email, will be processed immediately; however, subject to our refund policy (described below) You will be responsible for payment for any Product that has either (i) already been shipped to You or (ii) already being delivered to You at the time of Your call.
RETURNS AND REFUNDS
We believe in complete customer satisfaction. This is reflected in our 30-day satisfaction guaranteed return policy. For all unused trial orders that are past their 14 day trial period and have been billed under the terms herein, you may return the unopened package within 30 days from the order date and you will be refunded for that order. Used trial orders are not eligible for return once the trial period has expired. For all recurring orders, if you are unsatisfied with the product, you may return the unopened package within 30 days from the shipped date and you will be refunded for that order. If you wish to return your order, please obtain a Return Merchandise Authorization (RMA) number first. The fastest way to obtain an RMA number is to contact our customer service representatives to request an RMA number.
Please note the following terms:
14-Day Trials are subject to billing for the balance of purchase price of the product after the specified trial period (14 days as applicable). To prevent this billing, you must first obtain your RMA number within the time frame of your trial period and return the unused product within 30 days from the order date, as stipulated in section above.
Packages marked "Return To Sender" will NOT be processed or refunded. Returned packages will only be refunded with an RMA number that was provided by Customer Service. Call Customer Service at 877-588-9583 for your RMA number. RMA numbers are good for 30 days.
All returned products may be subject to a 15% restocking fee. Restocking fee does not apply to Trial shipments.
Refunds will only be issued to the same credit card to which they were charged.
Customer is responsible for return shipping charges.
After the warehouse receives your return, it generally takes 3 business days to process your return. Please keep in mind that your bank typically posts credit in the billing cycle in which it was received. Therefore, the number of days it takes for credit to post to your account may vary, depending on your bank's billing and credit schedule.
Product(s) damaged during shipping will be replaced at no charge. Save the package and all contents, and contact our Customer Service for further instructions. Should you experience any problems with your order, please contact our Customer Service Support at 877-588-9583 immediately, so that we may correct it in a timely matter.
Refer a friend
and get 20% off your next shipment. For every person you refer that successfully enrolls into the program, you will receive 20% off your next shipment of the Allu Eye Serum. Just have your referral sign up for their 14 Day Trial of Allu Eye Serum at alluskincare.com. Once they have done so, just give us a call at 877-588-9583 with the following information: name, address or email of your referral. Upon verifying your referral, we will give you 20% off your next shipment. It's that simple! Please note that only one referral can be credited to each shipment.
CHARGEBACKS AND REVERSALS
We handle all chargebacks and reversals as potential cases of fraudulent use of our product offer and/or theft of product. In cases where we have provided a product and we have verified that a client has received a product and/or refused or returned product(s), whether or not they have used the product in any way, possible actions taken by the company may include filing a complaint with the Internet Crimes Bureau and/or local authorities, or reporting the incident to the appropriate authorities in your state to investigate theft of product and possible mail fraud which is a Federal Crime. All cases of chargeback requests will be vigorously fought by the Company. BE AWARE that if you choose to claim your online transaction was fraudulent that all activity and IP address information is captured. This digital proof of whom and where the order was placed will be submitted to the proper authorities. This information may be used in a civil and criminal case against a customer if there is fraudulent use or theft of product(s).
CREDIT CARD DESCRIPTOR
By ordering Product from alluskincare.com, You authorize alluskincare.com to charge Your credit card accordingly. This authority shall remain in effect until and unless You have canceled future orders of the Product as described in this Agreement, above. Please be aware that the descriptor (or subject line) that appears on Your credit card entry will be "ALLUSKINCARE877-588-9583." . If You have any questions about the descriptor on Your credit card statement, You should call Our Customer Service Department toll-free at 877-588-9583.
We reserve the right to modify the prices charged for the Product, or to add or remove any Products, from the Website at any time without prior notice to You. Price quotes provided to You prior to any price modification shall be honored.
If You believe that You have been erroneously billed, please notify Our Customer Service Department toll-free at 877-588-9583 immediately of such error. If We do not hear from You within thirty (30) days after such billing error first appears on any account statement, such fee will be deemed acceptable by You for all purposes, including resolution of inquiries made by Your credit card issuer. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to Us within thirty (30) days of its publication.
It is Our intention to provide You with the finest skincare product available, and we believe in the efficacy of every Product we sell. You understand, however, that Our Product has not been evaluated by the FDA, and Our Product is not intended to diagnose, treat, cure or prevent any disease. Individual results will vary, and are dependent on factors including age, weight, diet, and exercise regimen. You agree that You either have consulted, or will consult, with a physician before taking any of Our Product, and You will cease immediately taking Our Product if You experience any ill effects or unintended side effects of any Product. We endeavor to provide You with accurate information about Our Product. You understand and agree that the information we convey about or Product and/or the efficacy of Our Product, is obtained from independent third parties such as news agencies, scientific reports, and scientific / research entities (Third Parties). We do not warrant or represent that such information is error-free, and we do 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 Product will conform to such specifications or performance data. We do not warrant or represent that Our Product will provide You with any particular benefits, or that Your results will match those of others who consume Our Product. Individual results will vary from person to person.
OWNERSHIP; INTELLECTUAL PROPERTY
The Website, and all images and content at the Website (collectively, "Materials"), are the sole and exclusive property of alluskincare.com or its licensors. No license or ownership rights in or to any of the Materials are conveyed to You by virtue of this Agreement or by Your purchase of any Product from the Website. The Materials are protected by the copyright and trademark laws of the United States. Unless otherwise permitted by law, none of the Materials may be reproduced by You without alluskincare.com's prior written permission.
You hereby represent and warrant that: You are age eighteen or older; You have read this Agreement and thoroughly understand the terms contained in this Agreement; Any Product You purchase from the Website will be used for Your personal, non-commercial use; You will not re-sell, re-distribute or export any Product that You order from the Website; alluskincare.com has the right to rely upon all information provided to alluskincare.com by You; alluskincare.com 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.
Without the express prior written authorization of alluskincare.com, 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 Materials; Remove any copyright or other proprietary notices from the Website or any of the Materials contained therein; Frame or utilize any framing techniques in connection with the Website or any of the Materials; Use any meta-tags or any other "hidden text" using the Website's name or 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.
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. We reserve the right to terminate this Agreement without notice and/or refuse to sell to anyone who We believe, in Our sole discretion, (i) has violated any of the terms of this Agreement, (ii) is abusing the Products or the services we provide, 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.
LIMITATION OF LIABILITY; NO WARRANTIES
In no event shall alluskincare.com or its officers, directors, employees or subcontractors 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 or otherwise, for any claim, cause of action, fee, expense, cost or loss (collectively, "Claims") arising from or related to this Agreement, the Product, or Customer's use of the Website or any Product. Except as otherwise specifically stated in this Agreement, the Website and all Products and services provided to You are provided "as is", without any warranty whatsoever. You agree that alluskincare.com's 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 alluskincare.com in the one (1) month period immediately preceding the incident on which Your Claim is based. This limitation of liability shall apply for all Claims, regardless of whether Themiracleface.com was aware of or advised in advance of the possibility of damages or such Claims. 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 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.
You agree to defend, indemnify, and hold harmless alluskincare.com, its officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from Your 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.
Any notice required to be given under this Agreement to You may be provided to You by postal mail or by email. If notice is sent by email, such notice shall be sent to the last known email address that You provided to Us, and shall be deemed delivered once sent. Notices by customers to alluskincare.com must be sent in writing to the following address: alluskincare.com, Attention: Legal, 415 Madison 14th/15th Floor Ave New York, NY 10017
alluskincare.com 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 the alluskincare.com's performance.
Governing Law. This Agreement and all matters arising out of, or otherwise relating to, this Agreement shall be governed exclusively by the laws of the State of New York, excluding its conflict of law provisions.
RIGHTS TO INJUNCTIVE RELIEF
Both parties acknowledge that remedies at law may be inadequate to provide an aggrieved party with full compensation in the event of the other party's breach, and that an aggrieved party shall therefore be entitled to seek injunctive relief in the event of any such breach, in addition to seeking all other remedies available at law or in equity.
The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective assignees, successors, executors, and administrators, as the case may be.
If for any reason a court of competent jurisdiction or an arbitrator finds any provision of this Agreement, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of these Terms and Conditions will continue in full force and effect.
In the event any Party shall commence any claims, actions, formal legal action, or arbitration to interpret and/or enforce the terms and conditions of this Agreement, or relating in any way to this Agreement, including without limitation asserted breaches of representations and warranties, the prevailing party in any such action or proceeding shall be entitled to recover, in addition to all other available relief, its reasonable attorney fees and costs incurred in connection therewith, including attorney fees incurred on appeal.
No waiver of or by alluskincare.com 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 constitute the entire agreement between the parties with respect to Your access and use of the Website and Your ordering and use of the Product, and supersedes and replaces all prior understandings or agreements, written or oral, regarding such subject matters.
alluskincare.com 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. alluskincare.com does not and will not assume any obligation to provide You with notice of any change to this document. Unless accepted by alluskincare.com in writing, these terms and conditions may not be amended by You.