Set out below are the terms and conditions on which We will supply products (the “Products”) listed on the following website: http://www.dermalogica.ca (the “Site”) to you the consumer (“You”/”Your”).
You should read these terms and conditions carefully before you start to use the Site. By using the Site, you indicate that you accept these terms and conditions and that you agree to abide by them. You should print a copy for future reference.
If you do not agree to the terms and conditions of online sales, please refrain from using or purchasing any Product from the Site. Any contract for any Products which you purchase using the Site will be between You and Dermalogica (Canada) Ltd. Dermalogica (Canada) Ltd is registered in Canada and has its registered office at 720 King Street West, Suite 300, Toronto, ON, M5V 2T3. We are a wholly owned subsidiary of Dermalogica Inc. whose principal place of business is 1535 Beachey Place, Carson, California, 90746, USA. Please read these terms and conditions carefully before purchasing any Products on the Site. You should understand that by purchasing Products you agree to be bound by these terms and conditions and should print a copy for future reference.
1. Your Status
By purchasing Products through Our Site, You agree and confirm that:
1.1 You are legally capable of entering into binding contracts; and
1.2 You are at least 18 years old.
2. Formation of Contract
2.1 After placing an order, You will receive an e-mail from Us which will include an invoice for the goods You have ordered. Please note that this does not mean that an order has been accepted. An order from You constitutes an offer to Us to buy Products. All orders are subject to acceptance by Us, and the contract (“Contract”) will only be formed when We dispatch the goods.
2.2 The Contract will relate only to those Products which We have dispatched. We will not be obliged to supply any other Products which may have been part of Your order.
2.3 By initially accepting an order, We are under no obligation to supply the Products ordered. No additions or changes may be made to an order once placed. Products will be dispatched within 48 hours of the order being placed on the Site, unless there are exceptional circumstances.
2.4 You will be notified by email when Your order has been dispatched. Details of the Products We have sent You will be listed in the email. We will automatically refund You for any Products we are unable to supply.
2.5 Orders will be delivered to the address provided to Us when You place Your order on the Site. Any delivery dates suggested are estimates only, and We are not liable for any losses caused by late delivery or non-delivery.
2.6 The Products will be at Your risk from the time of delivery.
2.7 Ownership of the Products will only pass to You when the goods are delivered to the address You requested when ordering.
3. Price and Payment
3.1 The price of any Products will be as quoted on the Site from time to time, except in cases of obvious error. These prices exclude delivery costs which will be added to the total amount due. Prices are liable to change at any time, but changes will not affect any orders You have placed prior to the date of the change and which We have accepted. We will however, endeavor to provide reasonable notice of any price increases.
3.2 Payment for all Products must be by credit card. We accept payment by PayPal, MasterCard,& VISA. We will charge your credit card prior to dispatching goods.
3.3 It is always possible that, despite Our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of Our dispatch procedures so that, where a Product's correct price is less than Our stated price, We will charge the lower amount when dispatching the Product to You. If a Product's correct price is higher than the price stated on the Site We will normally, at our discretion, either contact You for instructions before dispatching the Product, or reject your order and notify you of such rejection. We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have notified You that Your order has been dispatched, if the pricing error is obvious and unmistakable and could have reasonably been recognized by You as a mis-pricing.
4. Refunds and Returns
4.1 We offer a 100% money back guarantee on Products returned for any reason. Before You return any Products to Us please contact our returns support staff (see our Returns Policy) who will provide You with a personalized return code (MRA). For your protection, We recommend that you always use a recorded delivery service to return the Products as We will not refund any costs until We receive them.
4.1.1 For Products that have been delivered in error We will refund the full value of those Products and the costs of returning them upon Our receipt of the original item.
4.1.2 For Products that arrived damaged We will offer You a replacement and refund You the cost of returning the Product to Us upon Our receipt of the original item.
4.1.3 If You return a Product which You are unsatisfied with for any reason other than the Product being damaged or delivered in error, You will only be refunded the price You paid for the Product upon Our receipt of the original item; no carriage will be refunded (unless You cancel the contract within 14 days after You received the order). Any return must be made within fourteen (14) days of the original date of purchase.
4.2 Where We are unable to supply a Product You have ordered and paid for We will automatically refund You the amount paid for the Product as soon as reasonably possible. We will usually refund any money received from You using the same method originally used by You to pay for Your purchase.
5. Consumer Rights
5.1 As a consumer, You may cancel a Contract at any time within seven working days, beginning on the day after You received the Products. In this case, You will receive a full refund of the price paid for the Product in accordance with Our refunds policy unless You have waived this right by using the Products before the end of this seven day period.
5.2 To cancel a Contract, You must inform Us in writing.
6. Warranties and Liabilities
WE MAKE NO WARRANTY, REPRESENTATION OR CONDITION AS TO SUITABILITY OF THE PRODUCTS FOR THE PURPOSE OR THAT OF ANY THIRD PARTY. ANY IMPLIED WARRANTIES OR CONDITIONS (INCLUDING, BUT WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) ARE HEREBY EXCLUDED.YOU AGREE THAT OUR TOTAL LIABILITY, IF ANY, FOR ANY AND ALL DAMAGES RELATING DIRECTLY OR INDIRECTLY TO YOUR PURCHASE OF THE PRODUCTS THROUGH THIS SITE SHALL BE LIMITED TO THE AGGREGATE AMOUNT PAID TO US BY YOU FOR THE RELEVANT ORDER AND WILL IN NO EVENT INCLUDE ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR OTHER DAMAGES OF ANY KIND, EVEN IF WE HAVE BEEN APPRAISED OF THE LIKELIHOOD OF SUCH DAMAGE OCCURRING.
7. Written Communications
Applicable laws require that some of the information or communications We send to You should be in writing. When using our Site, You accept that communication with Us will be mainly electronic. We will contact You by e-mail or provide You with information by posting notices on the Site. For contractual purposes, You agree to this electronic means of communication and You acknowledge that all contracts, notices, information and other communications that We provide to You electronically comply with any legal requirement that such communications be in writing. This condition does not affect Your statutory rights.
8.1 All notices given by You to Us must be sent to 720 King Street West, Suite 300, Toronto, ON, M5V 2T3 OR email@example.com. We may give notice to You at either the e-mail or postal address You provide to Us when you registered to become a registered user with Us, or updated details as held within the Site on My Details. Notice will be deemed received and properly served immediately when posted on the Site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
8.2 Products will be dispatched to the address provided to Us by You via the Site. Invoices will be emailed to the e-mail address provided to Us by You via the Site.
9. Transfer of rights and obligations
9.1 The terms and conditions are binding on You and Us and on our respective heirs, legal administrators, executors, successors and assigns (as the case may be).
9.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of Your rights or obligations arising under it, without our prior written consent.
9.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
10. Events outside our control
10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (a “Force Majeure Event”).
10.2 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and We will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
12. Entire agreement
These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
13.1 Any variation to these terms and conditions shall have no effect unless expressly agreed in writing and signed by one of Our authorized representatives.
13.2 The information and materials contained in these pages - and the terms, conditions, and descriptions that appear - are subject to change. Your eligibility for particular Products is subject to final determination and acceptance by Us.
13.3 Any disputes arising involving Your purchase of the Product will be exclusively governed by the laws of the Province of Ontario and the laws of Canada applicable therein without regard to its conflict of law provisions. You expressly consent to the exclusive forum, jurisdiction and venue of the court of Ontario and/or the Federal Court of Canada in Ontario or any other judicial district or jurisdiction as We may determine in any and all actions, disputes or controversies relating hereto.