Terms and Conditions of Sale for OTB Skin Care
PLEASE READ THIS DOCUMENT CAREFULLY. THIS DOCUMENT CONTAINS A DISPUTE RESOLUTION
CLAUSE.
These terms and conditions ("Agreement") apply to your purchase of products ("Product")
sold in the United States by Only the Best Skin, LLC, including its division names, OTB
Skin Care, OTB Skin, Cynthia's Favorites, Everybody with Skin, and its affiliates or
subsidiaries. By accepting delivery of the Product, you accept and are bound to the terms
and conditions of this Agreement. If you do not wish to be bound by this Agreement, you
must notify Only the Best Skin, LLC and return your purchase pursuant to Only the Best
Skin, LLC's Return Policy.
This Agreement will apply unless (i) you have a separate purchase agreement with Only
the Best Skin, LLC, in which case the separate agreement shall govern; or (ii) other Only
the Best Skin, LLC terms and conditions apply to the transaction.
Other Documents
This Agreement may not be altered, supplemented, or amended by the use of any other
document(s) unless otherwise agreed to in a written agreement signed by both you and Only
the Best Skin, LLC. If you do not receive an invoice or acknowledgement in the mail, via
e-mail, or with your Product, information about your purchase may be obtained by contacting
your sales representative.
Payment Terms; Orders; Quotes; Interest
Terms of payment are within Only the Best Skin, LLC's sole discretion, and unless otherwise
agreed to by Only the Best Skin, LLC, payment must be received by Only the Best Skin, LLC
prior to Only the Best Skin, LLC's acceptance of an order. Payment for the Product will be
made by credit card, or some other prearranged payment method unless credit terms have been
agreed to by Only the Best Skin, LLC. Invoices are due and payable within the time period
noted on your invoice, measured from the date of the invoice. Only the Best Skin, LLC may
invoice parts of an order separately. Your order is subject to cancellation by Only the
Best Skin, LLC, in Only the Best Skin, LLC's sole discretion. Unless you and Only the Best
Skin, LLC have agreed in writing to a discounted price, the retail price shall apply. Only
the Best Skin, LLC is not responsible for pricing, typographical, or other errors in any
offer by Only the Best Skin, LLC and reserves the right to cancel any orders resulting from
such errors.
Shipping Charges; Taxes; Title; Risk of Loss
Shipping and handling are additional unless otherwise expressly indicated at the time of
sale. Title to products passes from Only the Best Skin, LLC to Customer on shipment from
Only the Best Skin, LLC's facility. Loss or damage that occurs during shipping by a carrier
selected by Only the Best Skin, LLC is Only the Best Skin, LLC's responsibility. Loss or
damage that occurs during shipping by a carrier selected by you is your responsibility.
You must notify Only the Best Skin, LLC within 21 days of the date of your invoice or
acknowledgement if you believe any part of your purchase is missing, wrong or damaged.
Unless you provide Only the Best Skin, LLC with a valid and correct tax exemption
certificate applicable to your purchase of Product and the Product ship-to location, you
are responsible for sales and other taxes associated with the order. Shipping dates are
estimates only.
No Warranties
YOU AGREE THAT ONLY THE BEST SKIN, LLC MAKES NO WARRANTIES, EXPRESS OR IMPLIED, FOR ANY
SPECIFIC USE, OR THAT PRODUCT IS FIT FOR ANY PARTICULAR PURPOSE OR OTHERWISE. PRODUCT
IS SOLD "AS IS".
If you have questions about whether a Product is good for a specific use, you should
consult your physician before purchasing the Product.
ANY WARRANTY WRITTEN ON PRODUCT MANUFACTURED BY PARTIES OTHER THAN ONLY THE BEST SKIN,
LLC, MUST BE ADDRESSED TO THAT MANUFACTURER AND ONLY THE BEST SKIN, LLC ASSUMES NO
LIABILITY FOR SUCH WARRANTY.
Return Policies; Exchanges
Only the Best Skin, LLC's return policy can be found at http://www.otbskin.com/shipping-information.shtml
and you agree to those terms. You must contact us directly before you attempt to return
Product to obtain a Return Material Authorization Number for you to include with your
return. You must return Product to us in the original or equivalent packaging. You are
responsible for risk of loss, shipping and handling fees for returning or exchanging
Product. Additional fees may apply. If you fail to follow the return or exchange
instructions and policies provided by Only the Best Skin, LLC, Only the Best Skin, LLC
is not responsible for Product that is lost, damaged, modified or otherwise processed
for disposal or resale. At Only the Best Skin, LLC's discretion, credit for partial returns
may be less than invoice or individual component prices due to bundled or promotional
pricing.
Changed or Discontinued Product
Only the Best Skin, LLC's policy is one of ongoing update and revision. Only the Best Skin,
LLC may revise and discontinue Product at any time without notice to you and this may
affect information saved in your online "cart." Only the Best Skin, LLC may ship Product
that is similar to the Product ordered, but changes between what is shipped and what is
described on the website or catalog are possible.
Limitation of Liability
ONLY THE BEST SKIN, LLC DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN,
INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCT NOT BEING AVAILABLE FOR USE, LOST
PROFITS, LOSS OF BUSINESS OR DAMAGES FROM USE OF PRODUCT IN A MANNER INCONSISTENT WITH
INFORMATION PROVIDED ON WWW.OTBSKIN.COM OR PROVIDED ON THE BACK LABEL OF THE PRODUCT. ONLY
THE BEST SKIN, LLC WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE
DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD
PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, ONLY THE BEST
SKIN, LLC IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT INVOICED
FOR THE APPLICABLE PRODUCT. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY,
THE REMEDIES SET FORTH IN THIS AGREEMENT SHALL APPLY EVEN IF SUCH REMEDIES FAIL THEIR
ESSENTIAL PURPOSE.
Governing Law
You and Only the Best Skin, LLC agree that this Agreement, any sales thereunder, or any
claim, dispute or controversy (whether in contract, tort, or otherwise, whether
preexisting, present or future, and including statutory, consumer protection, common law,
and equitable claims) between you and Only the Best Skin, LLC arising from or relating
to this Agreement, its interpretation, or the breach, termination or validity thereof,
the relationships which result from this Agreement, Only the Best Skin, LLC's advertising,
or any related purchase shall be governed by the laws of the State of California, without
regard to conflicts of law.
Binding Arbitration
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER
PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW,
INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN YOU, CUSTOMER, AND ONLY THE BEST SKIN, LLC,
its agents, employees, principals, successors, assigns, affiliates (collectively for
purposes of this paragraph, "Only the Best Skin, LLC") arising from or relating to this
Agreement, its interpretation, or the breach, termination or validity thereof, the
relationships which result from this Agreement (including, to the full extent permitted
by applicable law, relationships with third parties who are not signatories to this
Agreement), Only the Best Skin, LLC's advertising, or any related purchase SHALL BE
RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY RESOLUTION
REMEDIES (contact at http://www.resolutionremedies.com/home.htm) in accordance with the
rules for arbitration provided under California law, as modified by this Agreement. The
arbitration will be limited solely to the dispute or controversy between you, customer
and Only the Best Skin, LLC. NEITHER YOU, CUSTOMER NOR ONLY THE BEST SKIN, LLC SHALL
BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE
ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
The individual (non-class) nature of this dispute provision goes to the essence of the
parties' arbitration agreement, and if found unenforceable, the entire arbitration
provision shall not be enforced. This transaction involves interstate commerce, and
this provision shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA).
Any award of the arbitrator(s) shall be final and binding on each of the parties, and may
be entered as a judgment in any court of competent jurisdiction. If any customer prevails
on any claim that affords the prevailing party attorneys' fees, or if there is a written
agreement providing for fees, the Arbitrator may award reasonable fees to the prevailing
party, under the standards for fee shifting provided by law. Otherwise, each party shall
pay for its own costs and attorneys' fees, if any. Information, and the address for filing
claims with Resolution Remedies, may be obtained at
http://www.resolutionremedies.com/home.htm.
(Revised 06/25/08)
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