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Terms and Conditions

Terms and Conditions

General Terms

This Website (the “Skbiobeauty.com“) is operated by SKBioBeauty (the “Company“). The Users of the Website (“User” or “Users”) are requested to carefully review all the terms and conditions specified herein (“Terms and Conditions“), and all use of the Website or browsing of the Website’s contents is conditional upon a User’s acceptance and agreement to these Terms and Conditions as well as to the Company’s privacy policy (“Privacy Policy“), as may be amended and/or updated from time to time. In the event that a User does not agree to these Terms and Conditions, either in whole or in part, such User may not browse the Website and/or make any use of the Website for any purpose. Any User who has browsed the Website or who uses the Website will be considered to have agreed to all the terms and conditions set forth herein, as well as to any terms and conditions set out in the Privacy Policy.

The Company reserves the right to modify or amend, from time to time, in whole or in part, these Terms and Conditions, including any characteristics or applications described herein. All such amendments or modifications shall be subject to the Company’s sole discretion without requirement of prior notice. Additionally, the Company may assign and/or transfer any of its rights in or to the Website to third parties, provided that the transferee shall act in accordance with the provisions of these Terms and Conditions.

The Company may, from time to time, in its sole and absolute discretion, and without requirement of prior notice, amend the structure, contents, or Products offered on the Website and any other aspect related thereto, including by deleting or removing any information or materials displayed thereon. The User hereby waives any rights and/or claims regarding such changes and/or any rights or claims based on any damage and/or malfunction that may occur as a result of such changes. Users must familiarize themselves with and understand all of these Terms and Conditions as may be updated from time to time.

The Company reserves the right, in its sole and absolute discretion, at any time, and without requirement of prior notice, to prevent certain Users from browsing the Website, to revoke Website access to certain Users and/or to prevent certain Users from accessing specific content or services presented on the Website and/or from purchasing Products through the Website.
Users may not use the Website or any materials set forth thereon for any illegal purposes and/or in any manner that contravenes these Terms and Conditions. Moreover, Users may not make any use of the Website that may cause damage to the Website, the contents thereof, the Company networks and/or communications equipment, or interfere with or disrupt the use of or access to the Website by other Users.

All terms set forth herein apply in equal force to men or women according to context, regardless of whether such terms are stated in the masculine, feminine or plural. For the avoidance of doubt, the use of the masculine, feminine or plural is for convenience only.
All rights afforded to the Company as set forth herein are in addition to any rights afforded to it, generally, pursuant to any applicable law.

Products and Registration
This Website enables the Users to purchase cosmetics and beauty products (the “Products“).

In order to purchase the Products, the Users may register to the Website as provided below. In order to register to the Website, the Users must be at least 18 years old. Notwithstanding, in the event of a User that is at least 13 years old, such User may register to the Website, but only if such registration has been made by the parent or legal guardian of such User.

Upon completing the registration process, the User shall receive a password that is uniquely associated with such User, which password shall be used by the User in order to purchase the Products.

The User shall be responsible for all the activity that shall be made in the Website using his password, and therefore the User should not reveal his/her password to others. The User agrees to indemnify and hold the Company harmless from any improper or illegal use of his password, including illegal or improper use of the password by anyone to whom the User have revealed and/or gave permission to use the password.

Copyrights
All intellectual property rights, including without limitation, any copyrights and/or other similar rights and designs, and patents (collectively “Intellectual Property Rights“) pertaining to the Website, the information included thereon, and any content or services offered or listed therein, including (without limitation) any text, drawings, graphical representations, sounds, software applications, graphs and images and videos shall vest exclusively with the Company and any third parties that have granted the Company and the right to publish such content on the Website, and are protected by intellectual property laws of certain countries as well as pursuant to international treaties.

Unless expressly permitted by the Company, Users may not copy, download to computer and/or any other electronic device, reproduce, modify, distribute, transmit, publicly display, transmit, publish, adapt, create derivative works, use any of the Products information, license, sell, rent or store the contents of the Website or any content set forth thereon or derived therefrom, whether in whole or in part, temporarily or permanently, directly or indirectly through cooperation between a User and any third parties, or in any manner, or through any means, whether electronic, mechanical, optical, photographic or sound-recording, or otherwise, without receiving the explicit advance written permission from the Company.

Users may not make any use of, or copy or take any other action with respect to, any registered trademarks or not registered that appear on the Website, including the Company’s trademarks or trademarks of third parties in all territories
It is strictly forbidden to display any of the Website’s Webpages, or any portion thereof, using a graphical design or interface that differs from that displayed on the Website, without receiving the Company’s prior written consent.

The presentation or inclusion of information or content that is displayed on the Website or on other websites that are linked to the Website shall not be interpreted as granting any rights to the Users in such information or materials, including any intellectual property rights, or as granting any license or similar right to the Users.
It is forbidden to display contents from the Website in any technology that displays, in an integrated manner, content from the Website in conjunction with content from third party websites.

Responsibility
The contents displayed on the Website and the Products offered thereon are provided solely on an “as is” basis. The Company does not warrant that the content presented on the Website (including content that is uploaded by the Company and/or its representatives and/or individuals or entities connected with the Company) and/or the Products to be purchased through the Website will be appropriate or suitable to Users’ needs and expectations. The Company makes no warranties or representations that the content presented on the Website will be reliable, available, accurate, or free of harmful components, such as viruses, “Trojan horses” and similar items.

The Company does not assume or bear any liability or responsibility with respect to the quality of the content presented on the Website (including by the Users), even if the content is offensive, indecent, illegal or in violation of copyrights or third party intellectual property rights. A User who believes that a particular content is offensive may provide the Company with a notice in such respect, and following such notice the Company shall be entitled to act in its sole and absolute discretion with respect to the disposition of such content.

The Company does not assume or bear any liability or responsibility in relation to errors, changes or mistakes with respect to the Website’s contents, including errors and mistakes in contents uploaded by Users. The use of the Website by the User constitutes an agreement by the User not to assert any right and/or claim against the Company with respect to the content presented thereon and/or with respect to any changes or modifications that are made regarding the content that will be entered into the Website. The Company may terminate the operation of the Website at any time.

Except as expressly set forth above and to the maximum extent permitted by applicable law, the Company makes no warranty of any kind, express, implied or statutory, regarding the Website, and all such warranties, including, without limitation, the implied warranties of merchantability and/or fitness for a particular purpose are hereby expressly disclaimed by the Company. The User acknowledges that the Company has not represented or warranted that the Website will be uninterrupted, error free, without delay or without compromise of the security systems and features therein and appurtenant thereto.

Under no circumstances shall the Company (or any of its shareholders, directors, officers, employees, affiliates, representatives) be liable to the Users for any consequential, incidental or special damages arising out of or in connection with the Website and/or these Terms of Conditions, including with respect to the use or inability to use the Website, even if the Company has been advised of the possibility of such damages.

Without derogating from the above, if the Company is found liable (whether under contract, tort (including negligence) or otherwise), the cumulative liability of the Company for all claims whatsoever related to the Website or otherwise arising out of these Terms of Conditions, shall not exceed the amount of the total payments that the User actually paid to the Company for the Products he purchased during the six (6) months preceding the date on which the event occurs or which the user claims establishes any right towards him.

No action, whether based in contract, strict liability or tort, including any action based on negligence, arising out of and/or related to these Terms of Conditions, may be brought by the Users against the Company more than twelve (12) months after such cause of action accrued.

It is hereby emphasized that, the Company is unable to ensure against or prevent hacking or similar intrusion on the Website, to ensure the absence of disruptions or interruptions to the Website’s operation, to ensure the correct and error-free operation of the Website, or to ensure that there will not be any errors and/or technical failures of any kind with respect to the Website available through the Website and/or with respect to any information contained thereon. The Company does not warrant against any unauthorized intrusion upon Company computers or Company servers and/or any Users’ computers. The Company will not bear any liability or responsibility of any kind with respect to any harm derived or resulting from the receipt or use by a third party of information that is displayed on the Website, including information pertaining to Users or related thereto, and each User waives, in advance, any claims connected thereto. Moreover, although the Company is taking efforts to enable the Website to operate correctly and continuously, the Company does not warrant that the Website will operate continuously or without fault or without cessation of service, or that Users’ activity on the Website will not cease or be disrupted, or that the Website’s content will be error-free, or that the Website has not caused or will not cause damage to Users via software failures, hardware damage, damage to Users’ telecommunication lines and similar types of harm or damage. The Company shall bear no responsibility and/or liability in connection with any failure, interruption, destruction or damage as aforesaid, and the User waives in advance any claim in connection therewith.

To the extent that the User identifies a violation of this Terms of conditions and/or any other matter that he or she believes may constitute a violation of applicable law, the User is requested to immediately report such potential violation to the Company at customercare@SKBioBeauty.com, following which the Company will act promptly to identify whether a violation/offense occurred, and, to the extent necessary, will act in accordance with (and subject to the Company’s sole discretion) any applicable law.

Purchase of Products through the Website

The Website allows Users to purchase Products. To the extent that the User purchases Products through the Website, such purchase shall be made using credit card or PayPal or other alternative payment tool (collectively, “Payment Methods“) and such purchase shall be effected in accordance with the procedures and rules established by the Company and such relevant credit card companies/Payment Methods’ providers and/or PayPal. The payment for such Products shall be made solely through a Payment Method owned by the User or which is found in the legal and authorized possession of the person who ordered such Products. The User shall be solely responsible for any damage that may be caused to the Company that follows, is derived from or is due to the cancellation of charges made through any Payment Methods, regardless of whether the cancellation was carried out pursuant to the User’s instructions or based on the instructions or policies of the relevant Payment Methods’ provider. Subject to the provisions of applicable law, the Company may charge Users’ Payment Methods following the purchase of any Products provided by or through the Website.

Any purchase of Products through the Website will be subject to the execution of an appropriate order by filling out an order page, which will appear in the portion of the Website that offers the relevant Products and which will address the conditions applicable to such purchase. The purchase of any Products does not afford the purchaser any right over and above those rights that are explicitly specified on the Website, with respect to such Products at the time in which the User purchased such Products.

All of the Products available on the website and samples which the Company may provide, are for personal use only. The User is not entitled to serve as the Company’s wholesaler or reseller and/or to sell each Product or sample he received from the Company in any other way. The Company maintains the right, with or without notice, to cancel or reduce the amount of each order, or Products that need to be provided to the User, if the Company is convinced, according to its sole discretion, that the User may breach the Terms and Conditions.

It is possible that the Company will update and/or change the Product from time to time. The list of ingredients of the Product on the website refers to the most updated composition of the Product, and it is possible that the ingredients of the Product supplied will differ slightly from those indicated on the website. However, the list of ingredients on the Product that is actually will be supplied will reflect the ingredients of the Product.
The Company disclaims any liability and/or responsibility to any claim and/or issue and/or matter related to the purchase of any Products through the Website.
The prices on the website do not include delivery fees, unless it is explicitly stated otherwise. The Company maintains its right to update the Product prices stipulated on the website, from time to time, according to its sole discretion. The valid price for each Product ordered through the website is the price advertised on the Website during the completion of the order, unless it is stated otherwise on the Website. It is necessary to pay in advance for each Product that is purchased via the Website.

A User who places an order for Products through the Website will receive an initial confirmation of receiving the details of his order. It is clarified that this notification does not constitute a commitment by the Company to deliver the ordered Products, but only a confirmation that the order details have been received in the Company’s systems. The Company has the right to cancel any purchase in cases where there are errors or disruptions in the Product description, its price, details related, or in the event that the Product is out of stock or in any other reason according to the Company sole discretion. The User will be notified of any such cancellation.

The Company will make reasonable efforts to meet the estimated delivery dates listed on the Website, however the Company will not bear any liability and the User will not have any right and/or claim against the Company, for any reason whatsoever. It is clarified that the delivery of the Products will be carried out through delivery companies and in accordance with the delivery conditions of those delivery companies, as well as subject to the geographical coverage of the courier companies. The Company will deliver the Products all in accordance with the Company’s Delivery policy

One can return and/or cancel a Product purchase that was bought through the website in accordance with the Return policy of the Company. The User needs to examine the Product that was sent to him immediately after receiving the it, and make sure that the Products that were provided are identical to those that were ordered and update the Company regarding any discrepancy. If the User has received a defective Product, it will make sure to send him an alternative product at its expense or to credit the User, as it will be examined and decided by the Company according to its sole discretion.
The Company maintains the right to advertise, from time to time, to give various discounts, as well as to change and/or discontinue them at any time. The discounts will be valid only for purchases that were conducted and completed before they were discontinue and/or cancelled and/or changed and the User will not have any right and/or claim towards the Company with respect to this. There are no double discounts or double debits.

As long as the User has confirmed this as part of registering for the Website and/or ordering Products through the Website and/or signing up for the newsletter, the User will be added to the mailing list of the Company which will be used by the Company for sending marketing material and/or information on Products and discounts and/or other information regarding the Company. A User who joins the Company’s mailing list authorizes the Company to make use of the details he provided for direct mail purposes, and this includes use of email, telephone messages (sms and/or WhatsApp messages) or any other manner, messages related to Products that are provided by the Company and/or by third parties related to them in commercial relations or others, provided that each message that the Company sends, will enable the User to easily inform the Company that he is not interested in receiving any further messages. A User that requests to be released from the Company mailing list, will send a suitable message to the Company via the following email: customercare@SKBioBeauty.com and/or via a link that will be attached to the messages that are sent to Users , and the Company will remove them from the mailing list within five business days from the day the Company received instructions from the User to do so.
The Company will be entitled to offer via the Website marketing material, according to its sole and total discretion.

It is possible that the User may share the Products from the Website using an account in the social networks. The social networks are platforms owned by third parties, and therefore, the usage and linkage of content via the social networks, is under the responsibility of the user, is not related to the Website and it will be subject to 3rd party agreements. The Company shall bear no liability or responsibility with respect to any use of User via the social networks.

The information on the Website does not constitute cosmetic, physical, physiological, medical advice and/or medical treatment and/or any other substitute for any of these. Reliance on the data and/or the information and/or the content on the Website is the responsibility of the User. The information on the Website cannot in any case take the place of a medical diagnosis or clinical advice, and cannot replace medical treatment. The Company will not be held responsible for any use of this information. In case of doubt, we recommend that you consult your doctor.

Customer Service
For any issue related to the Website or the Products offered through it, you can contact by phone: +971 4 256 5808 or by email at the address: customercare@SKBioBeauty.com

Law and Jurisdiction
The Website, the use of the Website, these Terms of Conditions and any matters pertaining to the Website shall be governed by and construed in accordance with the laws of the United Arab Emirates without giving effect to its conflict of laws principles. Any dispute hereunder, including with respect to the Website and/or the use of the Website, shall be submitted to the exclusive jurisdiction of the courts of competent jurisdiction residing in the Dubai Courts, Dubai, UAE

These Terms of Conditions, together with all terms specified in any other portions of the Website, constitute the sole and complete Terms and Conditions governing use of the Website. No conduct by the Company shall be deemed to constitute or shall otherwise be considered to be a waiver of any rights set forth within these Terms of Conditions and/or according to any applicable law and/or a waiver of or consent to the breach thereof, or as a change, cancellation or addendum thereto, unless made expressly and in writing. To the extent that an applicable court or any other authorized entity deems any portion of these Term of Conditions to be invalid and/or in violation of any law, such determination shall not affect the validity of the remaining portions of the Terms of Conditions or any other terms set forth within the Website and governing the conduct of Users with respect thereto.

The Company will not be considered to have contravened the provisions of these Terms of Conditions if the Company was restrained from carrying out any action related thereto as a result of circumstances of force majeure and/or other circumstances that were beyond the Company’s control. Notices sent by the Company to Users in connection with use of the Website will be transmitted to the address provided by such Users during the course of their registration with the Website and/or to any other address specified by such Users through the course of their use of the Website. The Company may send notices to the Users via either letter or e-mail, and any notice that is sent in such a manner will be deemed to have been received by a User within 72 hours, if sent by letter or, if sent by e-mail, on the day sent.

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