The following are the terms of the agreement between Nancy K. Brown (N.K.B.) Aesthetics, Inc. ('Company') and the buyer ('Buyer') / user ('User') of goods, services and information through the Company’s Web site ('Site'). If you do not agree to these terms, you will not be able to purchase anything nor should you use this Site, so please review these terms carefully:
1. Introduction. Buyer / User agrees to the terms and conditions outlined in this Online Contract ('Contract') with respect to the goods, services and information provided by or through the Site. This Contract constitutes the entire and only agreement between the Company and Buyer / User, and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the goods, services and information provided by or through the Site, and the subject matter of this Contract. Buyer / User agrees to review this Contract prior to purchasing anything and/or using the Site. Purchase of a good or service and/or the use of the Site by the Buyer / User shall be deemed acceptance of this Contract.
2. Setup and Payment. Buyer represents and warrants that (i) he or she is the legal holder of the credit card and is legally entitled to the use of the credit card used to pay for goods or services from the Company's website and (ii) the credit card information supplied is true, correct, accurate and complete and (iii) charges incurred by the Buyer will be honored by the Buyer’s credit card company and (iv) Buyer shall pay charges incurred by Buyer at the amounts in effect at the time incurred, including shipping charges and all applicable taxes. Buyer shall be responsible for all charges incurred through use of Buyer’s password. Buyer agrees to keep his or her password confidential and to notify Company within 24 hours of any breach of this Contract or unauthorized use of the password. Company does not protect Buyer from unauthorized use of Buyer’s password.
3. Copyright. The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights, and the copying, redistribution, use or publication by a Buyer / User of any such content or any part of the Site is prohibited.
4. Use of Company literature and information. Company literature and information may only be used with the express consent of the Company and then solely and exclusively for the purpose of promoting and advertising Company products and services, or for the education on the proper use of Company products and services. The Company reserves the right at its sole discretion to at any time withdraw its consent to any party for the use of its literature and information.
5. Editing, Deleting, and Modification. Company reserves the right in its sole discretion to edit or delete any information or content appearing on the Site and to remove any goods and services for sale. Company may modify this Contract, or prices, and may discontinue or revise any or all aspects of the Site in its sole discretion and without prior notice. Modification of this Contract will be deemed effective upon publication on the Site with respect to transactions occurring on and after said date.
6. Product and Service Use. The Buyer / User agrees to use the Company’s products and services as directed by the Company in its literature and packaging and not in any other manner or for any other purpose. The Buyer / User agrees to use common sense when using the Company’s products and services and to abide by any and all cautions and warnings. The Buyer / User agrees to read all information and instructions provided by Company, which may accompany the product or have been provided in any other manner, before using products. Always patch test product before proceeding further with any product, Company has introductory size products, which may be obtained for this purpose.
7. Medical Disclaimer. The information you obtain from Company web site pages is provided for informational purposes only and is not a substitute for qualified medical advise from a medical professional. No action should be taken based upon the information contained in the Company web Site pages. Consult an appropriate health care professional for advise relating to a medical problem or condition.
8. Right to Refuse. Company reserves the right in its sole discretion to refuse service or product sale at any time. Sale of any goods or services is subject to availability.
9. Indemnification. Buyer / User agrees to indemnify, defend and hold Company and its affiliates, licensors and suppliers harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to a Buyer’s / User's violation of this Contract or use of the Site.
10. Links. Buyer / User agrees to hold Company harmless for the use of links from Company web site including but not limited to those links which lead to other web sites, documents, pictures, audio files and video files, as these may be outside of Company’s control. Buyer / User agrees to hold Company harmless for any content which may be accessed through links leading to other web sites or contained in documents, pictures, video, audio or other files, folders or formats accessed through links from Company web site or content contained therein.
11. Non-Transferable. Buyer’s right to use the Service is not transferable and is subject to any limits established by Company or by Buyer’s credit card company.
12. Disclaimer I. THE SERVICE, CONTENT, LINKS, GOODS AND SERVICES FROM OR THROUGH THE SERVICE ARE PROVIDED 'AS-IS,' 'AS AVAILABLE,' AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE SOLE AND ENTIRE MAXIMUM LIABILITY OF COMPANY, FOR ANY REASON, AND BUYERS SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE PARTICULAR ITEMS PURCHASED. COMPANY AND ANY OF ITS AFFILIATES, DEALERS OR SUPPLIERS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND BUYER. THIS SITE AND GOODS AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SOME PROVINCIAL STATUTES MAY APPLY REGARDING LIMITATION OF LIABILITY.
13. Disclaimer II. The Company endeavors to ensure the accuracy of the published information in this Site, in its literature and on its packaging. Errors and omissions can however occur. The Company, its suppliers and any other parties supplying information will not be held liable for damages resulting from errors and / or omissions, problems resulting there from, or resulting from the dissemination there of via the Internet or any other method or media. The Company will not be held liable for technical or other difficulties resulting from the use of this Site.
14. Refund Policy. If a product purchased is defective the Buyer can return the product in its original condition within three (3) days of receipt, to the following address: 46 Gariepy Crescent N.W. Edmonton Alberta Canada T6M 1A1. In such event, Company shall provide Buyer a credit for other purchases from the Site (less shipping and handling charges incurred). This Section 13 sets forth Buyer’s sole and exclusive right to refund. Certain products have a limited shelf life and have to be used within that time frame, no refunds or exchanges are available for these products. Buyer / User of product shall endeavor to use hygienic methods when using product (such as, but not limited to, keeping product container closed when not in use, keeping product away from sources of heat, direct sunlight and humidity, using clean hands or implement when removing product from container, not returning product to its container once product has been removed from its container). If Buyer / User is uncertain about suitability of a product, the Buyer / User may purchase a smaller size of said product, Company has introductory size products which may be obtained for this purpose. There is not refund or return offered for introductory size products.
15. Use of Information. Company reserves the right, and Buyer / User authorizes Company, to the use and assignment of all information regarding Buyer’s / User's use of the Site and all information provided by Buyer / User, subject to applicable law.
16. Miscellaneous. This Contract shall be treated as though it were executed and performed in Edmonton, Alberta, Canada, and shall be governed by and construed in accordance with the laws of Canada and of the Province of Alberta (without regard to conflict of law principles). Any cause of action of Buyer / User with respect to the Site must be instituted within three (3) months after any purchase or be forever waived and barred. All actions shall be subject to the limitations set forth in Sections 11 and 12. The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party. All legal proceedings arising out of or in connection with this Contract shall be brought solely in Edmonton, Alberta, Canada, and Buyer / User expressly submits to the jurisdiction of said courts and Buyer / User consents to extra-territorial service of process. Should any part of this Contract be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site or the Company is in conflict or inconsistent with this Contract, this Contract shall take precedence. Failure of Company to enforce any provision of this Contract shall not be deemed a waiver of such provision nor of the right to enforce such provision.
17. Pricing. All prices are subject to change without notice. All purchases exclude taxes, taxes are extra. All prices are subject to the taxes appropriate for the particular jurisdiction purchased from or delivered to. All products are delivered on a conditional sale basis, their title remains with Nancy K. Brown (N.K.B.) Aesthetics, Inc. until paid for in full. Shipping cost is extra. All prices are in Canadian Dollars (CDN).
18. General Cautions. Common sense caution applies. Always patch test any product before proceeding further with said product (Company has introductory size products which may be obtained for this purpose). Read cautions and warnings on packaging and any literature, which may accompany your product. Products are for external use only. Keep out of reach of children. Avoid contact with eyes and mucous membranes. If contact occurs rinse with water, if necessary contact your health care professional. Temporarily discontinue use if irritation occurs. If irritation persists, contact your skin care or health care professional which ever is more appropriate. Do not use product on abraded or irritated skin. Upon initial purchase, do not use product if outer protective seal has been broken (return to place of purchase for exchange). The practice of proper sun caution and the use of proper sun protection are recommended.
19. Pregnancy and lactation. Women who plan on becoming pregnant, are pregnant or are lactating (breast feeding) should always consult an accredited medical professional about the use and appropriateness of any product before using said product.
20. Testimonials. Company offers Buyer / User, through the submission of testimonial detailing Buyer's / User's experiences with Company products and services, the opportunity to be entered into a monthly draw.
Prize: $100.00 CDN of products that the Company offers. One prize of $100.00 CDN of Company products will be awarded each month, depending upon testimonial submission. The monetary value of the monthly prize will be increased to $125.00 CDN, if the winning entry, in addition to the testimonial, included before and after pictures of the Buyer / User.
Frequency of entering: Buyer / User may enter as often as desired.
Eligibility: All private individuals and skin, body, hand, foot and nail care industry professionals who purchase / use Company products and services are eligible for entry.
Awarding of prize: The monthly prize will be awarded on the last day of each month.
Legal: Testimonials may be subject to verification of actual Company product purchase and/or use. If testimonial is found to be fraudulent, the entry will be disqualified and not eligible for any prize. This contest and its nature may be altered or ended at any time at the Company's sole discretion without prior notification. All materials and their contents submitted, including pictures, become the sole and exclusive property of the Company and may be used at its sole discretion for any purpose it deems appropriate - the Buyer / User relinquishes all claims on said material and their contents and signs them over to the Company. Prizes chosen must be those, which the Company offers and are subject to availability. By submitting a testimonial, the Buyer / User acknowledges to have read, abide by and be bound by these conditions.
21. Trademarks. Aloe Exfoliant, Sun Defense, Defense Solaire, Quality Skin Care and Nancy K Brown are registered trademarks of Nancy K Brown (N.K.B.) Aesthetics, Inc. in Canada, the United States of America and other jurisdictions. Beware of imitations and imitators.