Orders of 39.90$ and upwards shipping costs are free of charge

0

Your Cart is Empty

Terms and Conditions

SKINLABO S.r.l.TM Terms of Service

Last Updated November 5, 2021

Thanks for using the Skinlabo S.r.l. services (including its website, and mobile and web-based applications, and any other tools, products, or services provided by Skinlabo S.r.l.  that link to or reference these Terms) (collectively, the “Services”). The Services are provided by SKINLABO S.r.l. (“Skinlabo”, “we,” “our,” or “us”), located at Skinlabo S.r.l. Via Pietro Micca, 20 10122 Torino (TO), Italy, VAT. 11541460017 through its website located athttps://Skinlabo.us/

The Services are the online retail website for the sale of made-in-Italy beauty products, including certain creams, make-up products, and detergents made available by Skinlabo (collectively, the "Products"). The following are the general terms and conditions governing the relationship between you as the customer and Skinlabo with regard to the sale of the Products.

By using our Services and purchasing our Products, you are agreeing to these Terms of Service (“Terms”). Please read them carefully.  Our Products and Services are very diverse, so sometimes additional terms or product requirements (including age requirements) may apply. If additional terms or conditions are available with or applicable to the relevant Products, then those additional terms become part of your agreement with us if you use those Services.  By purchasing our Products, or using the Services, you intend and agree to be legally bound by these Terms.  You may wish to print or save a local copy of the Terms for your records.

YOU ACKNOWLEDGE AND AGREE THAT THESE TERMS OF SERVICE LIMIT OUR LIABILITY AND THAT YOU ARE RELEASING US FROM VARIOUS CLAIMS IN SECTION 11 AND 12 BELOW. THESE TERMS ALSO CONTAIN A BINDING ARBITRATION PROVISION IN SECTION 16 THAT AFFECT YOUR RIGHTS UNDER THESE TERMS WITH RESPECT TO THE SERVICES.

THE PRODUCTS WHICH ARE MADE AVAILABLE FOR PURCHASE VIA THE SERVICES ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, AND SKINLABO DOES NOT AND CANNOT PROVIDE MEDICAL ADVICE OR DIAGNOSE YOUR HEALTH CONDITIONS.  ALWAYS CONSULT A PHYSICIAN OR OTHER HEALTHCARE PROVIDER FOR PERSONAL MEDICAL ATTENTION AND ADVICE. DO NOT USE THE PRODUCTS OR SERVICES AS A SUBSTITUTE FOR CONSULTING WITH YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER. USE OF THE PRODUCTS OR SERVICES IS NOT INTENDED FOR MEDICAL EMERGENCIES. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY OR GO TO YOUR NEAREST EMERGENCY MEDICAL SERVICE PROVIDER. SKINLABO DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR ANY PARTICULAR PRODUCT IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOU OR FOR ANY PARTICULAR PURPOSE.  NO DIRECTOR, EMPLOYEE, AGENT, PARTNER OR REPRESENTATIVE OF SKINLABO, ITS SUBSIDIARIES AND AFFILIATES IS ENGAGED IN RENDERING MEDICAL ADVICE, DIAGNOSIS, TREATMENT OR OTHER MEDICAL SERVICES. YOU SHOULD CAREFULLY READ ALL PRODUCT PACKAGING AND INSTRUCTIONS BEFORE USING ANY PRODUCTS MADE AVAILABLE VIA OUR SERVICES. 

Using our Services

You must follow any policies made available to you within the Services, including our Privacy Policy located at https://skinlabo.us/pages/privacy

Don’t misuse our Services.  For example, don’t interfere with our Services, try to access them using a method other than the interface and the instructions that we provide, or extensively or automatically copy any content from the Services (in other words, no scraping). You may use our Services only for your personal non-commercial use, and  as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies, if we are investigating suspected misconduct, or for any other reason.

Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access through them (“Content”). You may not use Content, except as permitted in these Terms, by its owner, or as otherwise permitted by law. These Terms do not grant you the right to use any branding or logos used in our Services, including the Skinlabo name and logo. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.

Our Services display some Content that is not our own.  For example, Content belonging to our advertisers, other third parties, you, or other users (collectively, “Third Party Content”).  We are not responsible for, and you waive all of our liability with respect to, Third Party Content.  Third Party Content is the sole responsibility of the individual or entity that makes it available to you via the Services. We may review Third Party Content to determine whether it is illegal or violates our policies, and we may remove or refuse to display Third Party Content that we believe violates our policies or the law. But we do not generally review content beforehand, and we are not obligated to do so.  

In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of our marketing emails by sending a written request to the email: privacy@skinlabo.com   Please be aware that there may be a brief period before we are able to process your opt-out. 

Some of our Services are available on mobile devices or may utilize SMS/iMessage, which may cause you to incur SMS or data charges with your wireless provider.  Please be aware that we have no control over these charges, and if you do not wish to be charged, you should stop using the mobile or SMS/iMessage features (as applicable). When you send SMS/iMessage messages using the Services, you represent and warrant you have the recipient’s prior consent to send him or her messages.

  • Your Skinlabo Account

  • You may need an account in order to use the Services. If you create your own account, you agree that all registration information you give us will be accurate and current.  If your account has been assigned to you by an administrator, such as your employer or educational institution, different or additional terms may apply and your administrator may be able to access or disable your account.  You will timely notify us of any changes to any of the foregoing information.  You are responsible for controlling access to any PCs, mobile devices, or other end points that you allow to store your Services password, or on which you enable a "Remember Me" or similar functionality ("Activated Device"). Accordingly, you agree that you will be solely responsible for all activities that occur under your Services accounts, including the activities of any individual with whom you share your Services account or an Activated Device.

    To protect your account, keep your password confidential. You are responsible for the activity that happens on or through your account.  If you learn of any unauthorized use of your password, please contact us atciao@skinlabo.com. 

  • Payment 

  • You agree to pay all amounts owed to us for the Products or Services.  Unless expressly stated otherwise, each discount code is not cumulative. We may require you to maintain valid credit card or other payment account information with us in order to purchase the Products or Services, and if so, you hereby authorize us to charge your credit card or other payment account for the Products or Services. Your right to purchase Products through the Services is conditioned upon our receipt of payment.  Refusal of Product delivery does not release you from payment liability. If a payment cannot be charged to your credit card or if a charge is canceled for any reason, or if you fail to maintain valid, up-to-date payment information or to keep your payments current, we reserve the right to immediately either suspend or terminate your access and account immediately without notice, thereby terminating these Terms. Any failure to maintain valid, up-to-date payment information with us or to make payments when due will constitute a material breach of these Terms, for which we may suspend or terminate your access to the Services immediately without notice. Interest will be charged on all unpaid delinquent amounts at the rate of 1.5% per month or the highest rate permitted by applicable law, whichever is lesser.  You agree to reimburse us for all collection agency fees, attorneys’ fees and other costs we may incur to collect delinquent amounts you owe to us.    

  • Privacy and Feedback 

  • Our privacy policy located at https://skinlabo.us/pages/privacy explains how we treat your personal information and protect your privacy when you use our Services. By using our Services, you agree that we can collect, use, and share data from you as described in our privacy policy. We are not responsible for any information or Content that you share with others via your use of the Services.  You assume all privacy, security, and other risks associated with providing any information, including personally identifiable information, to other users of the Service.  

    If you submit feedback or suggestions about our Services, you agree that we may use your feedback or suggestions without obligation to you.  

  • Shipment and Delivery

  • Products will be shipped through the carrier and the delivery service you choose while placing an order to the address indicated in the order as follows:

    • STANDARD DELIVERY within 15 days starting from the date of your order confirmation email
    • EXPRESS DELIVERY with 10 days starting from the date of your order confirmation email

    Title and risk of loss pass to you upon our transfer of the Products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed If the courier is not able to successfully deliver the Products it will leave a notice with a phone number to be contacted in order to arrange a new delivery date.

     

    Shipping costs are $5.90 for orders up to $34.99. Orders of $35 and upwards shipping costs are free of charge.

     

    No shipping fee will apply if you select the EXPRESS Delivery service while placing the purchase order.

     

    Skinlabo is not liable for any delays in shipment or for any failure of shipment due to incorrect information provided by you.

  • Products, Pricing, Purchases, Returns, and Refunds

  • A description of each Product available for purchase through the Services can be found on the applicable Product page on the Services. Product information, including descriptions, technical information, specifications, and other information related to a Product (collectively, “Product Information”) are provided for your convenience in your selection of Products. The accuracy or completeness of Product Information is not guaranteed and is subject to change without notice. The appearance of the Products on the Services may differ from the physical article depending on your Internet browser or the device or monitor you use. 

    All prices posted on Services are subject to change without notice. The price charged for a Product will be the price in effect at the time an order is placed and will be set out in an order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total and will be itemized in your order confirmation email.  We are not responsible for pricing, typographical, or other errors in any Product Information or offer by us and we reserve the right to modify or cancel any orders arising from such errors. 

    Only Products that are available in stock may be ordered through the Services, and Products are not guaranteed to be in stock. We are not responsible for delays in availability information on the Services. If one or more Products ordered are not immediately available for shipment, we may at our discretion: (a) process the available Products immediately and send the missing Products promptly after they are available again without any charge for additional shipping costs; or (b) provide you the choice of whether to (i) receive the Products in one shipment, delaying the processing of the order, or (ii) cancel the order for Products not available immediately.

    Skinlabo reserves the right to promptly notify you of the non-acceptance of the order submitted, for lack of availability or for any other reason permitted by applicable law; provided that for any Product orders canceled, we will not charge you, or, if applicable, refund the purchase price of any canceled product orders.

    Except for food products which are non-returnable, we will accept a return of any Product in an unopened container for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within 30 working days of the delivery date and provided that the Product and its container are returned in their original condition.  To return the Product, you must contact us by giving us written request for a return, providing the order information and the Product you would like to return using one of the following means: 

    Email: ciao@skinlabo.com

    Registered Mail 

     

    (Customer Service – _+39 3408570553__________ – __________) 

    or via e-mail(_ciao@skinlabo.com_________) When we receive such written communication, Skinlabo will contact you in a timely manner, in order to indicate the address where the Products must be returned. You shall return the Products following the instruction received and at your own expense within 14 days starting from the date we provide you with a return address. You bear the risk of loss during shipment, and title will pass to us upon receipt.  Once we receive the returned Products, we will process your refund back to the same payment method used to make the original purchase through the Services.

    For any further information about returning a Product you can reach Customer Service: Telephone (_+39 3408570553______)- e-mail: (_ciao@skinlabo.com_________).Goods not for Resale or Export

    You represent and warrant that you are buying Products from the Services for your own personal use only, and not for resale or export.

  • Modifying and Terminating our Services

  • We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether, at any time, without any notice or liability.

    You can stop using our Services at any time, although we’ll be sorry to see you go. We may also stop providing Services to you, or add or create new limits to our Services, at any time.

    Sections 11 – 16 will survive termination or expiration of these Terms indefinitely.

  • Our Warranties and Disclaimers

  • Skinlabo warrants that the Products purchased on the Services will be free from any defects for a period of time of 2 (two) years starting from the date of the order confirmed by Skinlabo (“Warranty Period”). 

    TO THE EXTENT NOT PROHIBITED BY LAW, WE LIMIT THE DURATION AND REMEDIES OF ANY WARRANTIES TO THE WARRANTY PERIOD.  SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

     

    THIS LIMITED WARRANTY ONLY EXTENDS TO THE ORIGINAL PURCHASER OF PRODUCTS FROM THE SITE.  IT DOES NOT EXTEND TO ANY SUBSEQUENT OR OTHER OWNER OR TRANSFEREE OF THE PRODUCT.  THIS LIMITED WARRANTY DOES NOT COVER ANY DAMAGES DUE TO 1) TRANSPORTATION; 2) STORAGE; 3) IMPROPER OR NEGLIGENT USE; 4) FAILURE TO FOLLOW PRODUCT INSTRUCTIONS; 5) MODIFICATIONS; 6) COMBINATION OR USE WITH ANY PRODUCTS, MATERIALS, PROCESSES, SYSTEMS OR OTHER MATTER NOT PROVIDED OR AUTHORIZED IN WRITING BY SKINLABO; 7) UNAUTHORIZED REPAIR; 8) NORMAL WEAR AND TEAR; OR 9) EXTERNAL CAUSES SUCH AS ACCIDENTS, ABUSE, OR OTHER ACTIONS OR EVENTS BEYOND OUR REASONABLE CONTROL. 

     

    THE WARRANTY PERIOD IS NOT EXTENDABLE EVEN IF WE REPAIR OR REPLACE A WARRANTED PRODUCT.  WE MAY CHANGE THE AVAILABILITY OF THIS LIMITED WARRANTY AT OUR DISCRETION, BUT CHANGES WILL NOT BE RETROACTIVE.

     

    TO OBTAIN THE WARRANTY: YOU MUST SEND THE WARRANTED PRODUCT ALONG WITH ALL DOCUMENTS PROVING THE PURCHASE AND THE DELIVERY DATE TO OUR ASSISTANCE CENTER:

     

    Corso Galileo Ferraris 22 Bis,

    10121 Torino (TO) Italia

    P.IVA 11541460017

     

    AS OUR SOLE LIABILITY UNDER THE LIMITED WARRANTY, AND YOUR SOLE AND EXCLUSIVE REMEDY, WE WILL, IN OUR SOLE DISCRETION, EITHER REPAIR OR REPLACE THE WARRANTED PRODUCT OR ITS DEFECTIVE PART OR REFUND THE PURCHASE PRICE OF SUCH PRODUCTS.  WE WILL ALSO PAY FOR SHIPPING AND HANDLING FEES TO RETURN THE REPAIRED OR REPLACEMENT PRODUCT OR PART TO YOU IF WE ELECT TO REPAIR OR REPLACE THE DEFECTIVE PRODUCT OR PART.

     

    SKINLABO DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. 

     

    For any further info please contact theCustomer Service.

    OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, NEITHER SKINLABO NOR ITS LICENSORS, SUPPLIERS, ADVERTISERS, OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE PRODUCTS OR SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE PRODUCTS OR SERVICES, OR THE RELIABILITY OR AVAILABILITY OF THE PRODUCTS OR SERVICES, OR THE ABILITY OF THE SERVICES TO MEET YOUR NEEDS.  WE ALSO DO NOT MAKE ANY WARRANTIES OR COMMITMENT RELATING TO NON-INFRINGEMENT, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR ERROR-FREE OR UNINTERRUPTED OPERATIONS IN CONNECTION WITH THE PRODUCTS OR SERVICES.  WE PROVIDE THE PRODUCTS AND SERVICES AND ALL INFORMATION PROVIDED THROUGH THE SERVICES “AS-IS.” WE ARE NOT RESPONSIBLE OR LIABLE FOR INJURIES SUSTAINED OR ILLNESSES SUFFERED IN CONNECTION WITH YOUR USE OF THE PRODUCTS OR SERVICES OR ANY TECHNIQUES OR PRACTICES DESCRIBED IN THE SERVICES.

    SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES IN CONNECTION WITH THE PRODUCTS AND SERVICES.

    YOU AND YOUR HEIRS, SUCCESSORS, AND ASSIGNS HEREBY FOREVER IRREVOCABLY RELEASE, DISCHARGE, AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR AND THEIR SUCCESSORS AND ASSIGNS, AND OUR AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS  (COLLECTIVELY, “RELEASED PARTIES”) FROM, AND AGREE NOT TO SUE ANY RELEASED PARTY FOR, ANY LIABILITIES, CLAIMS, OBLIGATIONS, SUITS, ACTIONS, DEMANDS, EXPENSES, AND DAMAGES WHATSOEVER (COLLECTIVELY, “LIABILITIES”) THAT YOU MAY HAVE AGAINST ANY RELEASED PARTY WHETHER EXISTING NOW OR IN THE FUTURE, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR IN CONNECTION WITH YOUR OR A THIRD PARTY’S CONDUCT RELATED TO USE OF THE SERVICES.  YOU UNDERSTAND AND ACKNOWLEDGE THAT THE FOREGOING SENTENCE RELEASES AND DISCHARGES ALL LIABILITIES, WHETHER OR NOT THEY ARE CURRENTLY KNOWN TO YOU, AND YOU WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION 1542. YOU UNDERSTAND THE MEANING OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” BY AGREEING TO THESE TERMS AND THIS WAIVER, YOU ASSUME ALL RISK ARISING FROM YET UNKNOWN CLAIMS.

  • Liability for our Products and Services

  • THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS, OR CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT, OR FOR ANY LOST PROFITS, INCOME OR REVENUE.

    TO THE EXTENT NOT PROHIBITED BY LAW, SKINLABO (AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) AND OUR LICENSORS, SUPPLIERS, ADVERTISERS, AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

    TO THE EXTENT NOT PROHIBITED BY LAW, THE TOTAL LIABILITY OF SKINLABO (AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) AND OUR LICENSORS, SUPPLIERS, ADVERTISERS, AND DISTRIBUTORS, FOR ANY AND ALL CLAIMS UNDER THESE TERMS OR RELATING TO YOUR USE OF THE SERVICES, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLY YOU THE SERVICES AGAIN).

    IN ALL CASES RELATING TO PROVIDING YOU THE SERVICES, SKINLABO (AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) AND ITS LICENSORS, SUPPLIERS, ADVERTISERS, AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE OR THAT IS DUE TO EVENTS OUTSIDE OF OUR REASONABLE CONTROL, SUCH AS WARS, CRIMINAL ACTIVITIES, STORMS, PANDEMICS, NATURAL DISASTERS, ACTS OF GOVERNMENT, SUPPLY INTERRUPTIONS, OR TELECOMMUNICATION OR INTERNET FAILURES.

  • Business/Employer Uses of our Services

  • If you are using our Services on behalf of a business or employer, you are accepting these Terms on their behalf, and that business or employer agrees to be bound by these Terms. 

  • Indemnification

  • You hereby agree to indemnify, defend, and hold harmless Skinlabo, its affiliated companies, and its and their predecessors, successors, and assigns, and its and their respective directors, officers, employees, agents, representatives, partners, and contractors from and against all claims, losses, expenses, damages and costs (including, but not limited to, reasonable attorneys' fees), resulting from or arising out of your actual or alleged breach of these Terms, any Content you provide through the Services, or your use or misuse of the Services.  However, you will not be responsible for claims, damages, and costs which are found by a court of competent jurisdiction to have arisen solely from our violation of applicable law.    

  • About these Terms

  • We may modify these Terms or any additional terms that apply to a Service for any reason, for example, to reflect changes to the law or changes to our Services. You should look at the Terms regularly and the “Last Updated” date at the beginning of these Terms.  We’ll use reasonable efforts to give you notice of these modifications, such as posting notice of modifications to these Terms on this web page, through the Services, or via email.   By continuing to use the Services after we make these modifications, you agree that you will be subject to the modified Terms.  If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.

    If there is a conflict between these Terms and any additional terms for a Service, the additional terms will control for that conflict.

    These Terms control the relationship between Skinlabo and you. They do not create any third-party beneficiary rights.  If you do not comply with these Terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).  If it turns out that a particular term is not enforceable, this will not affect any other terms.

    The laws of the United States, excluding its conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the Services.

    You may not assign or delegate your rights or obligations relating to these terms or your account for the Services without our prior written consent.  We may assign these terms or assign or delegate any of our rights or obligations at any time.  

    For information about how to contact Skinlabo, please visit our contact page located at https://Skinlabo.eu/pages/contacts.

    1. Binding Arbitration

    Without limiting your waiver and release in Sections 11-12, you agree to the following:

    1. Purpose. Any and all Disputes (as defined below) involving you and Skinlabo will be resolved through individual arbitration. In arbitration, there is no judge or jury and there is less discovery and appellate review than in court. This Section 16 (the "Arbitration Provision") shall be broadly interpreted. Notwithstanding anything to the contrary in these Terms, this Section 16 does not apply to an action by either party to enjoin the infringement or misuse of its intellectual property rights, including copyright, trademark, patent or trade secret rights.
    2. Definitions. The term "Dispute" means any claim or controversy related to the Services, including but not limited to any and all: (1) claims for relief and theories of liability, whether based in contract, tort, fraud, negligence, statute, regulation, ordinance, or otherwise; (2) claims that arose before these Terms or any prior agreement; (3) claims that arise after the expiration or termination of these Terms; and (4) claims that are currently the subject of purported class action litigation in which you are not a member of a certified class.  As used in this Arbitration Provision, "Skinlabo" means Skinlabo and any of its predecessors, successors, assigns, parents, subsidiaries and affiliated companies and each of their respective officers, directors, employees and agents, and “you” means you and any users or beneficiaries of your access to the Services.
    3. Initiation of Arbitration Proceeding/Selection of Arbitrator. The party initiating the arbitration proceeding may open a case with JAMS, formerly Judicial Arbitration and Mediation Services, Inc., (“JAMS”) by visiting its website (www.jamsadr.com) or calling its toll-free number (1-800-352-5267). You may deliver any required or desired notice to Skinlabo by mail to [ciao@skinlabo.com].
    4. Right to Sue in Small Claims Court. Notwithstanding anything in this Arbitration Provision to the contrary, either you or Skinlabo  may bring an individual action in a small claims court in the area where you access the Services if the claim is not aggregated with the claim of any other person and if the amount in controversy is properly within the jurisdiction of the small claims court.
    5. Arbitration Procedures. This Arbitration Provision shall be governed by the Federal Arbitration Act. Arbitrations shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures Streamlined Arbitration Rules and Procedures (the “JAMS Rules”) as modified by the version of this Arbitration Provision that is in effect when you notify Skinlabo  about your Dispute. You can obtain the JAMS Rules from the JAMS by visiting its website (www.jamsadr.com) or calling its toll-free number (1-800-352-5267). If there is a conflict between this Arbitration Provision and the rest of these Terms, this Arbitration Provision shall govern. If there is a conflict between this Arbitration Provision and the JAMS rules, this Arbitration Provision shall govern. If JAMS will not administer a proceeding under this Arbitration Provision as written, the parties shall agree on a substitute arbitration organization. If the parties cannot agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will administer a proceeding under this Arbitration Provision as written applying the JAMS Rules. A single arbitrator will resolve the Dispute. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect customer account information and other confidential or proprietary information. The arbitrator shall issue a reasoned written decision that explains the arbitrator’s essential findings and conclusions. The arbitrator’s award may be entered in any court having jurisdiction over the parties only if necessary for purposes of enforcing the arbitrator’s award. An arbitrator’s award that has been fully satisfied shall not be entered in any court.
    6. Waiver of Class Actions and Collective Relief.THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION, JOINT OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER SUBSCRIBERS OR USERS, OR OTHER PERSONS. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
    7. Arbitration Fees and Costs. If your claim seeks more than $75,000 in the aggregate, the payment of the JAMS fees and costs will be governed by the JAMS Rules. If your claims seek less than $75,000 in the aggregate, the payment of the JAMS fees and costs will be Skinlabo ’s responsibility. However, if the arbitrator finds that your Dispute was frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), the payment of the JAMS’s fees and costs shall be governed by the JAMS Rules and you shall reimburse Skinlabo for all fees and costs that were your obligation to pay under the JAMS Rules. You may hire an attorney to represent you in arbitration. You are responsible for your attorneys’ fees and additional costs and may only recover your attorneys’ fees and costs in the arbitration to the extent that you could in court if the arbitration is decided in your favor. Notwithstanding anything in this Arbitration Provision to the contrary, Skinlabo  will pay all fees and costs that it is required by law to pay.
    8. Severability and Waiver of Jury Trial. If any part of subsection (f) of this Arbitration Provision is found to be illegal or unenforceable, the entire Arbitration provision will be unenforceable and the Dispute will be decided by a court. WHETHER IN COURT OR IN ARBITRATION, YOU AND SKINLABO AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY TO THE FULLEST EXTENT ALLOWED BY LAW. If any other clause in this Arbitration Provision is found to be illegal or unenforceable, that clause will be severed from this Arbitration Provision and the remainder of this Arbitration Provision will be given full force and effect.
    9. Continuation. This Arbitration Provision will survive the termination or expiration of these Terms.

     

    1. Final Notes 

    Skinlabo believes in the quality of its Products and tries to utilize the leading high quality ingredients on the market. However, please take note of the following:

    • Make sure you are not allergic to any of the ingredients of the Products before application.
    • Skinlabo cannot be held responsible your body’s reactions to the ingredients of the Products;
    • None of our Products should be used as a substitute for medical care or clinical treatment;
    • The information published on athttps://Skinlabo.us/ is not intended as a cure or treatment for dermatological problems and should in no way be considered as such;
    • The advice given on www.skinlabo.com or provided by Customer Service is for information purposes only and is in no way intended to replace medical advice.
    • Please consult your doctor if you have any questions.