Wholesale terms of use: expurtise.com
1. Introduction
These Terms of Use (this “Agreement”) constitute a binding agreement between The Skin Care Group, LLC and its affiliates and subsidiaries (collectively, “ExPürtise”) and you with respect to all information, data, graphics, products, reviews, content, or other materials ordered, provided or otherwise accessible on or through the website, located at expurtise.com, (hereinafter, collectively the “Website”), and your use of and access to our “Services” offered on the Website. The Website is for people to discover, try and purchase skincare products (the “Services”). In this Agreement, “we”, “us”, “our” and other similar references mean ExPürtise and “you” and “your” and other similar references mean a specific user of the Website. All capitalized terms shall have the meaning ascribed to each of them as set forth in the body of this Agreement.
IF YOU DO NOT AGREE TO THIS AGREEMENT (INCLUDING THE PRIVACY POLICY), THEN YOU SHOULD NOT USE THE WEBSITE. YOU SHOULD READ THIS AGREEMENT CAREFULLY BEFORE USING OR ACCESSING THE WEBSITE, BECAUSE THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS AND OBLIGATIONS. YOU SHOULD ALSO RETAIN A COPY OF THIS AGREEMENT (INCLUDING THE PRIVACY POLICY) FOR YOUR RECORDS.
2. Your Account
You may register with ExPürtise by creating an account on the Website. This personal account (hereinafter, “Personal Account”) is solely for your personal and non-commercial use. If you choose to create an account with us, you agree to provide only accurate, complete registration information, and you will keep that information up-to-date if it changes. When you register, you will obtain unique log-in credentials (a “Member ID”). Access to the Website and Services is not authorized by any other person or entity using your Member ID and you are responsible for preventing such unauthorized use. Individuals and entities whose privilege to access the Website or use the Services has previously been terminated by ExPürtise may not register for an account, nor may you designate any of those individuals to use your account on your behalf.
ExPürtise relies on Member IDs to know whether members accessing the Website and using our Services are authorized to do so. If someone accesses our Website or Services using a Member ID that we have issued to you, we will rely on that Member ID and will assume without incurring any liability whatsoever to you that access has been made by you. You are solely responsible, and irrevocably acknowledge and agree that ExPürtise shall have no responsibility or liability whatsoever, for any and all access to the Website or use of the Services by persons using your Member ID. Please notify us immediately if you become aware that your Member ID is being used without authorization.
3. Rules Regarding Information and Other Content
When you use the Website, you can publish and obtain access to various kinds of information and materials, all of which we call “Content.” Content also includes information and materials posted to the Website by you such as text, images, audio, video, location data, and all other forms of data or communication. You agree not to revise or obscure Content posted by others (including advertising and promotions authorized by ExPürtise), and you agree not to post or use any Content in any manner that:
• infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others;
• violates the privacy, publicity, or other rights of third parties;
• is unlawful, defamatory, discriminatory, libelous, pornographic, obscene, abusive, threatening, harassing, pornographic, hateful, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate, as determined by ExPürtise in its sole discretion;
• is false or inaccurate; or
• could damage our company, parent company, sister companies, affiliates, advertisers, or other parties.
Though we strive to enforce these rules with all of our members, you may be exposed through the Website or Services to Content that violates our policies or is otherwise offensive. You may use the Website and Services at your own risk. We may, but are not obligated to, terminate Personal Accounts and/or remove Content from the Website if we determine or suspect that those accounts or Content violate the terms of this Agreement or the applicable agreement with the offending member(s). We take no responsibility for your exposure to Content on the Website whether it violates our content policies or not.
4. Conditional Use of Our Website and Services
Your permission to use the Website is conditioned upon your agreement that you:
• are 18 years of age or older;
• will comply with this Agreement;
• will not copy or distribute any part of the Website in any medium without ExPürtise’s prior written authorization;
• will provide accurate information when creating a Personal Account or registering for our Services;
• are solely responsible for your Member ID and the activity that occurs while signed in to or while using the Website using your Member ID;
• will not use the Website to collect any personally identifiable information, including account names, email addresses, or other such information, for commercial purposes;
• will not use the communication systems provided by or contacts made on the Website for any commercial purposes;
• are solely responsible for your Content submissions, including discussion posts, profile
information and links, pictures, and other such Content;
• represent that you own or have the necessary licenses, rights, permissions, and consents to use and authorize ExPürtise to use any and all Content submitted by you to the Website in ExPürtiseance with the licenses granted in this Agreement;
• hereby grant each ExPürtise member or user of the Website a non-exclusive license to access the Content you submit through the Website and to use, reproduce, distribute, prepare derivative works of, display and perform such Content as permitted through the Website’s functionality and under this Agreement;
• will not submit Content that is copyrighted or subject to third party proprietary rights, including rights of publicity, data privacy and trade secrets, unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such Content to the Website; and
• hereby affirm we have the right to determine whether any of your Content submissions are appropriate and comply with this Agreement, remove any and/or all of your submissions, and terminate your account with or without prior notice.
5. Non-Confidentiality, Security and Privacy
You understand that much of the information that you submit to us, such as your product reviews, is submitted precisely for the purpose of disclosure in a variety of ways by ExPürtise, and therefore such information is not subject to any confidentiality obligation. Other information, such as personal address information provided in connection with your purchase of beauty and personal care products and other merchandise on the Website is maintained with appropriate privacy and security protections. Any communications between you and ExPürtise, such as email or other correspondence, in which you offer suggestions or comments for improving or modifying our Services will be deemed by us to be non-confidential and non-proprietary, and you agree that such information may be used by us without any limitation whatsoever.
Our Privacy Policy explains how we collect, use and disclose information that pertains to your privacy. The Privacy Policy forms part of our agreement with you and is incorporated in this Agreement by reference. For full details, please refer to our Privacy Policy located at https://expurtise.com/privacy-policy/.
6. General Rules of Member Conduct
It is our goal to make the use of our Website and Services a good experience for all of our users, so you agree not to do any of the following:
• conduct or promote any illegal activities while using the Website or Services;
• upload, distribute or print anything that may be harmful to minors;
• attempt to reverse engineer or jeopardize the correct functioning of the Website or Services, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Website;
• take any action that imposes, or may impose, in our sole discretion, an unreasonable or
disproportionately large load on ExPürtise’s technology infrastructure or otherwise make excessive traffic demands of the Service;
• attempt to gain access to secured portions of the Website or Services to which you do not possess access rights;
• upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
• use the Website or Services to generate unsolicited email advertisements or spam;
• use any automatic or manual process to search or harvest information from the Website or Services, or to interfere in any way with the proper functioning of the Website and Services; or
• impersonate another member.
7. Links to Third Party Websites; Third Party Content
We do not have control over third party websites that our Website may link to. For example, the Website may contain links to third party websites that are not owned, operated, or controlled by ExPürtise. We, therefore, cannot and do not assume responsibility for the content, privacy policies, or practices of such websites or the companies that own them. Additionally, we cannot and will not censor or edit the content of any third party website. By using the Website you expressly relieve us from any and all liability arising from your use of any third party website or reliance on any content or other information available on any third party website.
Third party content may appear or be accessible through website links on or from this Website. We shall not be responsible for and assume no liability for any mistakes, errors, inaccuracies, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions or other representations in any such third party content appearing on or accessible from the Website. You acknowledge and agree that the information, views and opinions expressed in the third party content represent solely the thoughts of the author and are neither endorsed by nor do they reflect the belief of ExPürtise. It is your responsibility to evaluate, assess and bear the risk associated with the use or reliance of any such content. Any and all references to any product, recording, event, process, publication, service or offering of any third party by name, trade name, trademark or otherwise does not necessarily constitute or imply the endorsement or recommendation of such by ExPürtise.
8. No Medical or Professional Advice
All material, information other content posted or accessible on the Website is intended to be used for personal educational or informational purposes only. The statements made about products have not been evaluated by the U.S. Food and Drug Administration. The statements and products are not intended to diagnose, treat, cure or prevent any condition or disease. All products purchased from the Website should be used strictly as described by their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions. Use of the Website is not meant to serve as a substitute for professional medical advice. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Website before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. ExPürtise does not give or intend to give any answers to medical related questions and the Websites does not replace any medical professional or medical resource. ExPürtise does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Websites. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.
9. Termination
We may change or discontinue the Website or any of the Services at any time without prior notice. We reserve the right to terminate this Agreement at our election and for any reason, without prior notice, and this Agreement will automatically terminate in the event that you violate any of the terms and conditions set forth below. In the event of any termination, you will immediately cease access to the Website and Services.
10. Returns Overview
We stand behind the products we sell. Customers are responsible for shipping charges. All price and payments must be in US currency. Please understand that all sales are final, with the following exceptions.
11. Product Warranty
Repair or replacement may be issued for any product which is found to be defective under the terms of this warranty. ExPürtise will assist with warranty issued within the first 14 days of product purchase. After that time, ExPürtise must be contacted directly to address all warranty issues. For more information or to obtain contact information, please call us toll-free 800-294-1154.
12. Money Back Guarantee
If you change your mind about a purchase and the item is not defective and you have not used it, you have 14 days from the date of purchase to email or call us for a return authorization number (RA#). No return will be accepted without a RA#. We will only accept returns for items that are 100% in original, unopened packaging and in re-saleable condition, with all packaging, manuals, brochures, accessories and UPC label with an unbroken seal. We do not refund shipping charges. Items with Free Shipping will have the cost of outbound shipping & handling deducted from the total refund or a 25% restock fee, whichever is greater. We reserve the right to charge an additional restock fee for any items not meeting these requirements. We reserve the right to refuse a return on any product that does not meet these requirements.
13. Defective Returns
If you receive an item that is damaged or defective, please contact us immediately. Defective returns will be accepted for exchange or repair, at our discretion, within 14 days from the date of purchase. If there is no exchange or repair we have the right to impose 10 – 20% restocking fee, based on the condition of the item returned. No refunds or credit will be granted after 14 days. A product must be diagnosed “defective” by a member of the ExPürtise Support Staff before we can accept it as a defective return. If an item is claimed to be defective and after testing is found not to be defective, your refund will be reduced by the actual shipping costs we incurred and a restock fee of 20-35%, based on the condition of the item returned. Please save all packaging materials until you are confident that your item is not defective. We require the original packaging when sending an item back. Items without original packaging may be subject to a restock fee or possible rejection of credit. You are responsible for properly and securely packing the returned item to avoid any damage.
14. Undeliverable, Unauthorized or Refused Returns
ExPürtise will not accept unauthorized returns or exchanges. Packages without a RA# will be refused upon return to our warehouse. ExPürtise will impose a minimum of 20% and up to a 35% restocking fee plus any applicable shipping and handling charges for refused or undeliverable shipments. Additional charges may apply if the merchandise is not returned in 100% complete condition in the original, unopened packaging. The quickest way for us to handle a return is for you to accept delivery and then contact us about sending the item back. When you follow this procedure we can credit your account in a few days. If you refuse shipment the product goes back to the delivery company and might not get back to us for 2 or 3 weeks. We cannot process your return until we receive and inspect the product.
15. Return Instructions
Please call Toll Free at 800-294-1154 to obtain a RA# before shipping your product. NO returns of any type will be accepted without a RA#. An RA# is valid for 14 business days after issue and must be received in our warehouse within 30 days from the date of the invoice. We are not responsible for lost, stolen, or damaged packages. We strongly recommend that you fully insure your return shipment in case it is lost or damaged and use a carrier that can provide you with proof of delivery for your protection. All authorized returns must include a shipment tracking number. Once the return is processed and approved, a credit to your account or issuance of a check may take up to 14 business days. Any returns must be 100% complete in original, unopened packaging and in re-saleable condition, with all packaging, brochures, accessories and UPC label and/or unbroken seal. We reserve the right to charge up to a 35% restock fee or refuse a return on any product that does not meet these requirements. All returns must also be packed in an outer shipping carton with the RA# written on the shipping label. Please do not write anything on the outer box – only on the label. Many of our items are offered with free shipping. Please be aware that our actual outbound shipping cost will be deducted from your refund. The Customer is responsible for shipping and handling charges on all returned items.
Last revision 01/01/2016