FaceToned

Terms and Conditions of Services and Sale

Contents

  1. FaceToned
  2. General
    • Professional Advice and Medical Disclaimer.
    • General Disclaimers
  3. Membership
    • Legal capacity and authorized use
    • Account Creation
    • Payment for FaceToned Programs
    • Account termination
  4. Your Representations and Warranties
  5. Availability of Products and Services
  6. Terms and Conditions of Sale of Products
    • Scope
    • Products
    • Shipping and other costs
    • Value Added Tax
      • General
      • Indirect Taxes. Value Added Tax
    • Payment
    • Delivery
  7. Risks and Title transfer. Title retention
  8. Conformity
  9. Right of Withdrawal
  10. Excluded Items
  11. Intellectual Property
  12. Copyright
  13. Dealings with Third Parties.
  14. Events Outside Our Control
  15. Liability
  16. Linked Sites
  17. Privacy and use of Cookies
  18. Terms of Use
  19. Assignment, Successors and Third-Party Beneficiaries
  20. Taxes
  21. Notices
  22. Entire Agreement
  23. Modifications
  24. Severability
  25. Waiver
  26. Law applicable and dispute resolution

 

Annex: Cancellation Form

 

 

FaceToned

Terms and Conditions of Services and Sale

 

  1. Contact details

FaceToned®  is a trade names of Studio Carme Ltd. (“SC,” “we,” or “us“) that owns and operates the website www.facetoned.com and App “FaceToned” (jointly referred to also as “Site”, or “Website”) whereby we will present andoffer programs of facial fitness to train facial muscles, and offer recipes focused on healthy nutrition for facial tone (“Services”), and sale of Products like gua sha stones, facial rollers, serums, oils, cotton gloves, etc. (“Products”).  Our details are: Studio Carme Ltd. 3rd Floor 12 Gough Square, London, England, EC4A 3DW, company registration no. 8375250. -working days (Monday – Friday, 09:00h-15:00h); @ support@facetoned.com.

  1. General

This document, jointly with all other documents and texts herein mentioned (mainly Terms of Use, Privacy Policy and Cookies ) constitutes the terms of Agreement and where applicable, Contract setting out the Terms and Conditions of Services and Sales (“Terms”, or “Agreement” “Contract”) between us, SC and you, (“You”, “you”), to use of the App and Website, and contracting our Services and Products through the Site. For the purposes of these Terms also buyers of Products or service users and SC shall be individually or collectively referred to as the “Party” or the “Parties”.

The Agreement is formalized in any of the languages available at the Site. Please read this document carefully. We recommend you check the Terms in force from time to time before ordering any Service or Product, and print or save a copy if it for your records for future reference.

By continuing to use our App or Website, registering as a member or by ordering, receiving, purchasing or using any service or product through the Site you accept these present Terms that include waivers, disclaimers and limitations of liability, as a binding agreement between you and SC. If you do not agree to any of the provisions in the Terms, please stop using the Site and cancel your account as indicated in the Site.

In these Terms, unless specifically provided or amended from time to time, reference to the Site, will include any future additional website or mobile application/s we provide from time to time to allow you to access the Services and Products there  presented respectively.

The information set out in the Terms and the details contained on this website do not constitute an offer for sale, as, especially no payment obligation, regarding any Services or Products will arise until (ii) your membership is accepted, or (ii) any purchase or service order has been expressly accepted by us, -whether or not funds have been paid or deducted from your account-, whichever is earlier. The foregoing, without prejudice to the obligations regarding terms of use, Privacy Policy, Cookies while you access or operate the Site in any way.

    • Professional Advice and Medical Disclaimer.

YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL BEFORE STARTING THIS OR ANY OTHER EXERCISE OR PROGRAM, OR ORDERING ANY OF THE PRODUCTS OFFERED TO DETERMINE IF IT IS RIGHT FOR YOUR NEEDS. THIS IS PARTICULARLY IMPORTANT IF YOU (OR YOUR FAMILY) HAVE A HISTORY OF HIGH BLOOD PRESSURE OR HEART DISEASE, OR IF YOU HAVE EVER EXPERIENCED CHEST PAIN WHEN EXERCISING, SMOKE, HAVE HIGH CHOLESTEROL, OR HAVE A BONE OR JOINT PROBLEM THAT COULD BE MADE WORSE BY A CHANGE IN PHYSICAL ACTIVITY. DO NOT USE THE SERVICES IF YOUR PHYSICIAN OR HEALTH CARE PROVIDER ADVISES AGAINST IT. IF YOU EXPERIENCE FAINTNESS, DIZZINESS, PAIN OR SHORTNESS OF BREATH AT ANY TIME WHILE EXERCISING, YOU SHOULD STOP IMMEDIATELY.

OUR SERVICES OFFER HEALTH AND FITNESS INFORMATION AND IS DESIGNED FOR INFORMATIONAL PURPOSES ONLY. NOTHING STATED OR POSTED ON THE SITE OR AVAILABLE THROUGH ANY SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL, PROFESSIONAL OR COUNSELING CARE, DIAGNOSE, THERAPY OR TREATMENT. FOR THESE PURPOSES, PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH OR NUTRITION CARE, TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. YOU SHOULD NOT RELY ON ANY INFORMATION ON THE SERVICE AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT EVER DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SERVICE. THE USE OF ANY INFORMATION PROVIDED ON THE SERVICE IS SOLELY AT YOUR OWN RISK.

IF YOU THINK YOU ARE HAVING A MEDICAL OR HEALTH EMERGENCY, CALL IMMEDIATELY YOUR HEALTH CARE PROFESSIONAL, OR HEALTH PUBLIC SERVICE.

THE SITE IS CONTINUALLY UNDER DEVELOPMENT AND WE MAKE NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT GENERAL HEALTH, FITNESS AND ADVICE. NO ASSURANCE CAN BE GIVEN THAT THE INFORMATION CONTAINED ON THE SITE WILL ALWAYS INCLUDE THE MOST RECENT DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.

  • General Disclaimers

We provide the Services and Products on an “as is” and “as available” basis. Products shall not be customized but shall be standard products. Save as otherwise provided herein, you therefore use the Service at your own risk.  We expressly disclaim any and all warranties of any kind, whether express or implied, and any other warranty that might arise under any law.  Natural characteristics such as color, aroma, flavor, grain, texture, knots variation or inconsistencies of the Products shall not be considered as faults or defects. We work to select high quality items but natural characteristics are inevitable and should be accepted as part of the individual appearance of the item.

Without limiting the foregoing, we make no representations or warranties that the Services and/or Products:

  1. Are specifically suitable or safe for any particular user;
  2. Meet your specific personal needs or shall directly cause any particular result in your body or mind. We do not guarantee any result only the provision of Service(s) according to the qualifications and general and specialized experience of our professionals;
  3. Are permitted in your jurisdiction;
  4. Will be uninterrupted or error-free;
  5. Will continue to be supported in any particular feature as Service or Product presentation or offer:
    1. Regarding sites and resources outside of the Service, even if linked to from the Service.
    2. Concerning any content submitted by any member;
    3. Concerning any third party’s use of content that you submit;

You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Service. We have no obligation to screen or monitor any content and does not guarantee that any content made available on the Service complies with this Agreement or is suitable for all users. We shall not be responsible for loss or corruption of or dissemination of data, information, images, programs, features, software, communication tools, media, that may be caused by your computer hardware, software or communication connections and tools or devices, and hereby in particular, you waive all claims with respect to damage to your computer system, internet access, download or display device.

To the extent that a secondary party may have access to or view the Site content on your computer or mobile device, you are solely (i) responsible for informing such party of all provisions, terms, disclaimers and warnings in the Terms and (ii) liable for any breach by any such party of any provision, terms, disclaimers and warnings in the Terms.

  1. Membership
    • Legal capacity and authorized use

You, and any other person(s) with you that will be operating the App and Site, as user, visitor, customer, or buyer for the actions, operations, transactions, ordering hiring, contracting and purchasing and receiving and paying the Services and Products offered, presented or referred to through our Site, must have and be in full legal capacity to act and contract and in particular, effect the transactions available through our Site.

Before placing an order, user, buyer, customer and potential customer must declare his/her full legal capacity entitling him/her to transact according to law and these Terms. We shall not accept any liability as to the truth, accuracy and completeness information and confirmation of users, buyers, customers or visitors’ legal capacity. As a result, if a person lacks, or is deprived of the legal capacity to order through the Site, his/her parents or custodians shall be liable for such order, delivery or purchase and mostly its payment.

Age requirement: Services and Products may be used by persons being adults and those aged from 4 to 18 under parental, guardian, or any other authorized adult- supervision and care.

The FaceToned Services and Products are for personal, domestic and private use of natural persons, end-users and consumers only as set out in these Terms and the Site.

Without a prior express, written agreement with us, transfer on-sale, or copying of or replicating any of the Services in whatever form (video, text, imaging, or channel) or Products professionally or as a business with or without any consideration or benefit, and under whatever names, trademarks, brands or logos, is expressly prohibited, such as (i) advertising or soliciting any user to buy or sell any Products or Services; or (ii) for commercial purposes. Users of the Site may not use any information obtained from the Service to contact, advertise to, solicit, or sell to any other user without our prior express written consent. Organizations, companies, and/or businesses may not use the Service or the Site for any purpose unless expressly authorized by SC. If you wish to inquire about possible commercial use, please contact us at: support@facetoned.com .

If you engage Services and/or Products to be used by a third party, these Terms will be deemed to apply to the recipient of the Services/Products and you are responsible for ensuring that such person complies with the Terms and with any especially applicable conditions communicated to you.

  • Account Creation

Prior to placing an order or request for any Service or Product in our Site (“Order”), you must create your account though the Site to become a member (“Member”) (“Account”). The following provisions apply:

  1. Any information that you provide in this Account Creation process will be held and used by us in accordance with our Privacy Policy.
  2. Accounts can only be created for individuals and are created for the named individual only. Accounts may not be transferred or sold to another person.
  3. You may update or cancel your account at any time through the Site and in the conditions that are set out.
  4. All information provided to us in the Account Creation process must be true and correct.
  5. You may not have more than one active account at any time.
  6. When you subscribe to the Site, this does not mean we have accepted your subscription. Our acceptance of your subscription will take place when we issue you with a written acceptance of the same to the email address specific in your subscription at which point a contract will come into existence between you and SC. Your SC membership begins when you have completed the sign-up process (i.e., when we collect your personal and payment information). Once we begin to bill you, cancellations take effect starting at the end of your current billing period, meaning there are no partial refunds or credits.
  7. You must notify us of any changes to your personal information or Payment Method which was provided by you in the Account Creation process.
  8. You may not use someone else’s name, a name that violates any third-party right, or a name that is obscene or otherwise objectionable.
  9. You may not distribute, share, transfer or permit their account information, including passwords to be used or accessed by any third party.
  10. If you suspect or become aware that your account has been accessed without authorization or a breach of security has occurred in relation to your account, you must immediately notify us of this breach by contacting support@facetoned.com
  11. You are responsible for all activity that occurs under your account, including any activity by unauthorized users. YOU MUST NOT ALLOW OTHERS TO USE YOUR ACCOUNT. You must safeguard the confidentiality of your password. If you are using a computer that others have access to, you must log out of your account after using the Service. If you become aware of any unauthorized access to your account, you must change your password and notify us immediately at: support@facetoned.com
  12. SC may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Site or the Service.
  13. You may download the App to your devices. However, you may not download any videos, information, texts, images, videos, audios, videos, recipes, advices, and/or contents in general in any way whatsoever. They are only accessible through the procedures available to Members duly registered.
    • Payment for FaceToned Programs

The Service is a pre-paid, auto-renewing subscription service handled by the Stripe payment platform. The Site provides for different program choices. If you purchase a subscription program you are agreeing to automatic (recurring) billing and agree to pay the charges made to your account in connection therewith.

Your subscription, and billing of your account, will renew automatically and indefinitely for the term period of the relevant program choice selected, until cancelled by you in the terms set out herein.

Your SC membership begins when you have completed the sign-up process (i.e., when we collect your personal and payment information). Once we begin to bill you, cancellations take effect starting at the end of your current billing period period, meaning there are no partial month refunds or credits.

All charges relating to the Site, for the Services will be as set out on the Site from time to time and will be stated inclusive of VAT (where applicable). The pricing of our Service may vary periodically. We cannot guarantee that the price of your subscription is the lowest available, or historically lowest or best, price. You will be charged in advance every billing period, in accordance with the billing terms you agreed to at the time you signed up. All subscription charges must be received by us in cleared funds. If we do not receive your subscription monies on their due date for payment, we may suspend the Service with immediate effect until full payment of any outstanding amount.

You have a legal right to cancel your account under the Consumer Protection and Distance Selling regulations, following the directions and procedure indicated herein and in the Site tools.

If you cancel your account prior to the expiration of your full pre-paid subscription period, you will forfeit the fees paid for any unused portion of your subscription, which are non-refundable. However, you will be able to continue viewing all content until the expiration of your current pre-paid subscription period.

Payments for the purchase of Products offered, presented or referred to through our Site are regulated in the relevant Section hereof.

  • Account termination

You may delete your account at any time without prejudice to the provisions regarding prepayments herein. If you wish to terminate your account or cancel an order, please contact us immediately by email at support@facetoned.com . Likewise we reserve the right, but are under no obligation to, to delete an account from that remains inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months, or immediately when payment expires, is withdrawn or otherwise ceases.

SC may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if SC determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage SC’s reputation or goodwill. If SC deletes your account for the foregoing reasons, you may not re-register for the Service. SC may block your email address and Internet protocol address to prevent further registration. SC is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account.

After your membership or subscription is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied. This notwithstanding, upon termination, all licenses granted to user, buyer or customer by SC will terminate. Content that you submitted may no longer be available. SC shall not be responsible for the loss of such content.

  1. Your Representations and Warranties

In becoming a member of SC or the Site with the intent of using the Service or ordering an Products through it, you state, represent and guarantee to SC that either (A) all of the following statements are true: (i) no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician; (ii) you have never felt chest pain when engaging in physical activity; (iii) you have not experienced chest pain when not engaged in physical activity at any time within the past several months; (iv) you have never lost your balance because of dizziness and you have never lost consciousness; (v) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (vi) your physician is not currently prescribing drugs for your blood pressure or heart condition; (vii) you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and (viii) you do not know of any other reason you should not exercise; or (B) your physician has specifically approved of your use of the Service. If applicable, you further represent and guarantee to SC that (A) you are not pregnant or (B) your physician has specifically approved your use of the Service(s).

  1. Availability of Products and Services

All orders for Services and Products offered, presented or referred to through our Site are subject to availability. In case of supply restrictions or difficulties or because items are no longer scheduled, programmed, on our stock or the stock of the providers presented, offered or referred to through our Site as the case may be, we reserve the right inform you about substitute items of equal or higher quality and value which you can order. If you do not wish to order substitute items suggested we will reimburse any monies that you may have paid as indicated herein.

  1. Terms and Conditions of Sale of Products

As expressed in these Terms and Agreement, SC’s FaceToned Site presents and sells Products, or refers or links to Products sold by SC and/or third parties – as the case may be, from time to time- though exclusively for retail private customers and end users and consumers. Accordingly, any order for any other purpose and any fraudulent or assumedly fraudulent order shall be treated as void and shall not be processed. Before placing an order, buyer declares that the purchase of Products through the Site is not by any means connected to his/her professional capacity and is solely intended for personal use.

  • Scope

This section 7 applies to sales of products directly sold by SC only, as the case may be, from time to time. Therefore, SC shall not be held liable for any Products sold by any third parties even if presented, redirected, linked or referred to through SC Site and tools.

These Terms and Conditions of Sale have been mainly established for informing all potential buyers on the terms and conditions under which Products shall be ordered for purchase, paid, and delivered and define the parties’ rights and obligations to buyer (the “Buyer”, “Consumer”). These Terms and Conditions shall apply without limitation to Products sold by SC from time to time through the website www.facetoned.com / es  and App “FaceToned” (collectively referred to as the “Website” or the “Site”).

Therefore, an order placed for a product offered through FaceToned Website implies that (i) such order, delivery and sale and purchase shall be in all aspects governed by these Terms, (ii) and the Buyer recognition to have been previously and fully informed on and accepted such Terms.

  • Products

Buyer may choose one or more Products from the different categories that are presented for sale through the Site. SC reserves the right to modify or change and withdraw materials and contents of the Site and remove or de-list Products, or categories of Products, change their characteristics, appearance, manufacturing sources, specifications, uses, and Products specifications. We recommend that you immediately inspect any Product upon delivery to you to ensure that you are completely satisfied with the Product.

  • Shipping and other costs

Product prices shall be indicated on the Site.

Sale prices may be amended by SC anytime through a related notice posted or inserted in the Site. Prices changes shall not affect orders for which you received order confirmation email message.

The Products sales shall take place in US Dollars ($) and accordingly, the prices of the Products are set out and shall be paid in this currency through the Site.

These prices are exclusive of shipping charges, which are added to the final price of the purchased Products.

Shipping charges are indicated in the Site.

The aforementioned delivery charges may be subject to amendments as a result of force majeure or unpredictable conditions (for example, national transportation strikes, etc.).

Buyer’s bank or that bank –related intermediary / correspondent bank’s commissions, fees, charges are payable solely by Buyer or recipient.

  • Value Added Tax

7.4.1 General

Provision of Services and sale and delivery of Products are subject to the indirect taxes, sales taxes, value added tax, charges, customs duties and excises, and any other public charges (collectively referred to as “Taxes”) as legally applicable from time to time.  Taxes shall be borne and paid by the Parties according to law. Accordingly, all Taxes and customs charges applicable to end user or buyer are the responsibility of the customer and, pursuant to legal provisions, may be charged, included or added separately to the price or cost of the Order or shipping charge. SC is not responsible for any additional taxes and customs charges that are requested during the shipment of your Order.

7.4.2 Indirect Taxes. Value Added Tax

Indirect taxes, in particular, Value Added Tax as regulated by EU Council Directive 2006/112/EC of 28 November, 2016, and any other taxes applicable under the legal provisions of any competent jurisdiction, shall apply to the sales of Products by SC, or through the Site according to such legal provisions in force from time to time.

To place an order to purchase one or more products of the range of Products presented in our Site you must follow the directions or process through the tools for on-line shopping of our Site. You will receive an email confirming reception of your order (“Order Confirmation”).

All orders imply that buyer acknowledges to have been informed on, to have fully understood and to fully accept without any reservation (i) the Agreement, these Terms and of the Terms of use and Privacy Policy and Cookies, and the Terms of Use contained in the Site, and (ii) the prices, the proposed delivery time and shipping charges for the ordered items, quantity, prices and costs as well as the recommended Products.

The information presented in the Site constitutes an invitation to treat, not an official offer for sale and thus all orders are subject to our acceptance and, where applicable, we will send you an email confirming that the Product is being processed and sent (the “Shipping Confirmation“).The order generates a validly binding contract to both Parties only when confirmed, either by (i) us sending the Shipping Confirmation for the Product items we can confirm or (ii) in the absence of Shipping Confirmation upon the corresponding delivery date.

All Orders are considered final at time of placement. Once an Order is placed, there is no guarantee that it can be altered or changed. Please check your details carefully before submitting your Order.

We reserve the right to cancel or suspend an entire order or its delivery, regardless the status and the level of its processing, in case of non-payment, partial payment or payment cancellation of any amount owed by the buyer, in the event of fraud at payment or fraud or attempted fraud with the Site.

We will use our best reasonable efforts to process all the orders submitted to us, but there may be exceptional circumstances in which we may need or have to refuse to process or accept an order after we have received it or even having sent you an Order Confirmation, which we reserve the right to do at any time. We will not be liable to you or any other third party by reason of this.

  • Payment 

Payment of purchase orders shall be performed through the service handled by the Stripe payment platform. You agree to pay the charges made to your account in connection therewith.

The buyer assures, represents and guarantees that SC has been properly authorized as to the use of the payment method selected by the buyer while placing his/her order.

All orders, including taxes and any other mandatory charges, must be paid in US Dollars $. An order of Products generates the buyer’s obligation to pay for such order.

Bank charges, commissions or fees that may arise shall be borne by the buyer.

At SC’s sole discretion, any unpaid amount due shall incur the legal default interest accruing as from the due date, and shall directly apply within ten (10) calendar days upon the billing date or directly upon notification of the banking payment decline.

Safe transactions: In order to deal with internet fraud issues, SC may communicate information on the buyer’s order to any third party legally authorized or appointed by SC so as to confirm buyer’s identity, validity of order, validity of payment method used and selected delivery method. SC uses the prescribed methods with valid encryption techniques for guaranteeing the safety of its transactions. The safety of transactions lies on buyer’s identification and confidentiality of information provided.

  • Delivery

Delivery settings are described herein, and they may be amended by SC anytime, however, and shall apply to orders placed after such amendments are enacted.  We recommend buyer to frequently consult the Terms in force from time to time, available at the Site.

For these purposes the term “delivery” shall be deemed to occur when you or a third party nominated by you acquires physical possession of the Products, which will be evidenced by the signing for receipt or delivery note of the items.

Products ordered and confirmed shall be delivered to the address specified by the buyer when placing the Order through the on-line shopping process at the Site, (“Delivery Address”).

Products are remitted through Royal Mail public postal service. We reserve the right (not obligation) to use, in certain circumstances, alternative shipment means, like courier, etc. with prior agreement with the buyer, and the special costs shall be invoiced and payable as well by buyer.

Deliveries shall be performed in Royal Mail’ ordinary service working days (e.g. Monday through Saturday, from 08:00h to 15:00h) and excluding bank and public holiday. PLEASE NOTE THAT ANY ORDER PLACED AFTER 15:30h Buyer’s local time MAY BE RECORDED AND PROCESSED THE IMMEDIATELY SUBSEQUENT WORKING DAY.

Buyer can get information on the estimated delivery time via email at support@facetoned.com

Sale invoices/receipts and delivery notes shall be duly remitted to you and /or accompany the Products delivered to the address set by the buyer while placing the order.

Subject to Product availability we will make our best endeavors to fulfil any Order for Products by the delivery date indicated therein or, if no estimated delivery date is specified, then within a maximum of 30 calendar days of the date of the Order Confirmation.

If we fail to deliver the items within 30 calendar days of the date of the Order Confirmation, you may cancel the Contract and we will reimburse you the price paid for the items and any delivery costs paid.

If delivery is delayed by an Event Outside our Control, we will contact you as soon as possible to inform you, and we will take steps to minimize the effect of the delay. Provided we do this, we will not be liable for delays caused by the event.

If buyer (or person designated in the Order) are absent, you shall be duly notified indicating where the Package is and contact details so that you can rearrange delivery.

Following 15 calendar days from the foregoing, if the order is not delivered for any reason not attributable to SC, then buyer shall be deemed to waive the purchased and we will deem you cancel ant terminate the purchase in which case we will proceed to refund the amounts paid -except for the amounts of shipping-delivery costs of the extraordinary additional delivery(ies) made- within 14 calendar days as from the date on which we deem the purchase was cancelled by you.

  1. Passing of Risk. Title transfer. Title retention

All risks of the Products (loss, deterioration, theft, etc.) shall be borne by Buyer as from the moment of delivery. Subject to the provisions herein below, Buyer shall acquire ownership title of the Products as from the moment we SC receive full payment of amounts due including shipment costs, or upon delivery if it is agreed for a time after payment.

SC fully retains full legal title of ownership or third-party license on the Products   ordered or purchased through the Site till full payment of their order (including especially main value  invoiced of Products, as well as any costs, charges and taxes included in the invoice/receipt, as well as the applicable shipping charges).

  1. Right of Withdrawal

You have the right to withdraw from Service or program Order, or from Product Order – except for “Excluded Items’ as defined herein-, (i) without giving any reason, (ii) within 14 calendar days as from the date of performance or delivery of the last item included in your Order.

To exercise this right you must (i) contact us at support@facetoned.com in working days (Monday – Friday, 09:00-15:00), or you may also use the Cancellation Form that is set out in the Annex to these Terms; and (ii) return the goods to us within14 days, using either of the return procedures described herein.

You shall send back the items or hand them over to us without undue delay, at excellent condition and in a closed packaging, and in any event no later than 14 calendar days from the day on which we are informed about your decision to withdraw. Please return the items using or including all their original packaging, instructions, and other documents, if any, accompanying the items.

After examining the items, we will inform you of whether you have the right to reimbursement of the amounts paid. The refund will be paid as soon as possible and, in all cases, within 14 calendar days from the date on which you notified us of your intention to cancel. Return delivery costs (up to value equal to ordinary postal mail service) will be reimbursed when the right is exercised within the statutory period and, all the items which the relevant package consisted of are returned. We may withhold the reimbursement until we have received the items back, or until you have supplied sufficient evidence of having sent back the items, whichever is the earlier. The refund will always be paid using the same payment means you used to pay for your purchase. You are responsible for the cost and risk of returning the items to us, as indicated above.

  1. Conformity

You are protected by the rights, actions and remedies provided by Consumer Protection laws and regulations, for the Products we sell and the Services we provide, Consumer Rights Act 2015 and EU Directives. Therefore we shall be liable, therefore, for the lack of conformity of the same, according to our legal obligations.

The Products shall be deemed to conform to the contract provided that (i) they conform to the description made by us and possess the qualities that we have presented on the Site, (ii) are suitable for the uses to which the Products are ordinarily aimed of the same type and (iii) present the usual quality and performance of a product of the same type that is fundamentally expected.

In this sense, if any of the Products were not in accordance with the contract, you must inform us through the procedure detailed herein, and means of communication herein provided for that purpose.

We only select high quality Products, but natural characteristics are inevitable and must be accepted as part of the individual appearance of the product.

The Products can often present the characteristics of the materials used in their manufacture. These characteristics, such as variation in touch, texture, color aroma, etc. will not be considered defects or defects.

If, during the warranty term set out by law from time to time you receive any Product or Service failing to fulfil the conformity requisites according to law, you may exercise the legal remedies during the term (term to exercise warranty claims) and in the form set out by prevailing relevant legislation applicable from time to time which, depending on the circumstances and fulfillment of qualifying requisites, substantially include: (a) free of charge repair or replacement, (b) discount or refund or (c) final right to reject and thus cancel the purchase with the corresponding return and reimbursement effects.

We shall abide by the legal obligations to you as end user and consumer, excluding any extended or additional warranty, guarantee or benefit or commercial warranty.

  1. Excluded Items

Within the legal provisions on conformity and withdrawal rights, buyer may not withdraw, or cancel, or receive any reimbursement, warranty or compensation for non-conformity of a transaction – purchase or provision of service – when it refers to:

  1. Items been made to your specifications or clearly personalized, customized.
  2. Provision of services – programs, sessions, training, advices, recipes, etc. – once they are fully or substantially performed with your consent.
  3. Sealed audio recordings, sealed video recordings or sealed computer software, once they are unsealed/unwrapped after you have received them
  4. Sealed items that are not suitable for return for health protection and hygiene reasons (e.g., gloves, socks, serums, oils, fragrances), and that have been unsealed after delivery, or if the hygiene label is no longer in place.
  5. Those in unacceptable use or handling conditions that is, beyond that which would reasonably be allowed in a shop – Products should not be damaged, soiled, washed, altered or worn (other than to try them) and any labels or tags must be intact. If your handling exceeds what is acceptable and the Products are damaged or diminished in value, we may deduct from the amount we reimburse to you, or you may be liable to us for, an amount equal to the diminished value of the items.
  6. Publications, magazines, newsletters, press releases.
  7. Any digital content not performed in any material media, when performance has commenced with the user’s prior consent.

Products that are altered, amended, repaired, installed, updated, extended or added by the buyer shall not be covered by this warranty. No warranty shall apply to damaged or destroyed Products, as a result of their transfer or due to bad or improper use.

  1. Intellectual Property

The FaceToned ™trademark, and any other trademarks, images and logos, programs, designs, web and app contents – texts, images, videos, audios, music, songs, recordings, logos, patents, trademarks,- features, programs, connections, as well as patents, business secrets, inventions, methods, plans, business plans, know-how, copyright, intellectual property, of and expressed or implied in the Products and Services presented, offered or provided by SC, or by third parties, as presented, offered or delivered and performed through the Site and/or our employees, professionals, and partners and contractors, in on-line channels, and also in tangible formats and media, are and shall remain sole property -or license / use legal title, as the case may be-, of SC, -and /or our licensors-.

You acknowledge that the Site and Service and Products contain or may contain software, graphics, photos, videos, know-how, product ideas, comments and other material (collectively, “Content“) that is protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All SC-generated Content and Content developed for SC by its partners and licensors is copyrighted individually and/or as a collective work under the applicable copyright laws; further, SC owns a copyright in the selection, coordination, arrangement and enhancement of all Content in the Site. Subject to your compliance with these Terms, and solely for so long as you are permitted by us to access and use the Service, you may download one copy of the application (but never the Content) to any single computer or device for your personal, non-commercial or professional, home use only, provided you keep intact all copyright and other proprietary notices, and are in compliance with these Terms. Unless otherwise specified, modification of the Content or use of the Content for any other purpose, including (i) use of any such Content on any other website or networked computer environment, (ii) transmitting or distributing, directly or indirectly, to another party not party to this Agreement, is strictly prohibited.

The SC or its subsidiaries’ and affiliates’ names, logos, Products and affiliated applications and technologies are the exclusive legal title of ownership or any concept of the same, and/or from our licensors. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Service, the Site or these Terms and Conditions should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.

SC owns and retains all proprietary rights in the Site and the Services and Products presented or offered through the Site and by our professionals and employees, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto.

For the use of our Site and the Services SC grants you a limited, non-exclusive non-transferrable license to access and use for your own personal, non-commercial or professional purposes. This license is granted for the sole purposes of using the Site and Services by you personally according to these Terms, and may not be assigned or sublicensed to anyone else.

You agree not to, wholly or partially, lend, on sell, transfer, edit, remove, alter, amend, copy, modify, transmit, use (outside the authorized scope of use and disposal set out in these Terms for Services and Products), create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible on the Site or through the Service, without first obtaining the express prior written consent of SC. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.

  1. Copyright

SC respects the intellectual property of others, and we request our users to do the same. Each user is responsible for ensuring that the materials they upload to the Site do not infringe any third party copyright.

  1. Dealings with Third Parties

Your participation, correspondence or business dealings with any third party found on or through the Site and/or Service (i.e., a Linked Site), regarding payment and delivery of specific goods and Services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party.

  1. Events Outside Our Control

Neither SC or any of its subsidiaries, affiliates business partners or their respective shareholders, directors, executives, employees or professionals (hereinafter collectively referred to as “SC Group”) shall be liable or responsible for any loss or delay due to any failure to perform fully or partly, or timely our obligations under the Terms in this Agreement that is caused by an Event Outside Our Control (as defined below).

An Event Outside Our Control means any act or event beyond our reasonable control, namely any incident beyond the will and the control of SC and which could not be foreseen or if foreseeable, could not be avoided as provided by applicable, including without limitation Acts of God (“force majeure”) action, omission, failure, accident or event beyond our control like strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, shortage, government or central banks actions, legislation and measures, embargos, substantial change in legislation, legal economic regulations or conditions, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

If an Event Outside Our Control takes place that affects the performance of our obligations they will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. We will use our reasonable endeavors to remove the event or to find a solution to fulfil despite the event outside our control.

  1. Liability

We commit to supply the Products and Services through the Site to you that are in conformity with the Terms, and the law although -without affecting that duty and to the fullest extent permitted by law-, Products, descriptions, information and materials posted are provided “as is” without any warranties express, implied or otherwise howsoever arising (except for the mandatory statutory legal warranties and remedies).

We shall be liable to you to the extent required by law, in case of any willful breach of our obligations under this Agreement directly and entirely attributable to us that directly results in predictable or foreseeable actual loss or damage. Foreseeable means either it is obvious that it will happen or if, at the time the Agreement was made, both parties knew it might happen.

To the fullest extent permitted by law, but without excluding anything that may not lawfully be excluded in the case of consumers, we disclaim all other warranties, guarantees, rights, extensions or commercial warranty of any kind, whether express or implied, in relation to the Services or Products available through our Site.

We grant no warranty or guarantee, whether explicit or implied, as to Information through the Site particularly with regard to its truth, accuracy, completeness or currency, lawfulness, availability, credibility, Products, accessories or Services provided through the Site or the suitability of applications speculated by the buyer.

Based on the foregoing, in no event shall SC Group be liable for any direct, indirect, incidental, special, consequential, punitive, tort, moral image, or exemplary damages, including but not limited to damages for loss of enjoyment, loss of livelihood, pain and suffering, emotional distress, business-related damages such like loss of profits, loss of business opportunities, future earnings, goodwill, business interruption, and/or any other damages or other intangible losses.

SC Group shall not be held liable for any Products sold by any third parties even if presented, redirected, linked or referred to through SC Site.

SC Group shall not be held liable for any claims raised by the buyer or any third party which fail to meet the terms of compliance or are in breach of the Terms and do not qualify for the legal requisites.

Nothing in these Terms shall affect or exclude your legal, statutory rights as a consumer, on conformity or cancellation, withdrawal rights, or exclude or limit in any way our liability for death or personal injury caused by our negligence, fraud or for any matter that would be illegal or unlawful for us to exclude or limit or attempt to exclude or limit our liability for the same, which shall be satisfied in the form, extent and procedure according to law.

  1. Linked Sites

Certain links on the Site and/or the Service may let you leave the particular Site or Service you are accessing in order to access a linked site (the “Linked Sites“). When you are linking to a third-party site, please note that SC does not control these sites, nor has SC reviewed or approved the content, or products or services which appear on the linked sites. SC Group are not responsible or liable for the legality, accuracy or nature of any content, advertising, products, services, or other materials on or available from any linked sites, or the conduct of such linked sites. You acknowledge and agree that SC Group shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the links, content, goods or services available on or through the linked sites.

  1. Privacy and Use of Cookies

As our relations will base through the Site, your privacy rights are set forth in our Privacy Policy and Use of Cookies notice that you can find in the Site which forms a part of this Agreement and contract. Please review them.

  1. Terms of Use

As our relations will base through the Site, by accessing the Site you accept to be bound by the provisions in our Terms of Use notice that you can find in the Site which forms a part of this Agreement and contract. Please review them.

  1. Assignment, successors and third-party beneficiaries

Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. SC may transfer all or part of its rights and obligations under the Agreement to third party(ies), but this will not affect your rights or SC’s obligations to you as end user or consumer under these Terms and when legally required shall notify you of any assignment.

You may not assign all or part of your rights or obligations arising from this Agreement to any other party, person or entity without SC’s prior express written consent. This Agreement is between you and SC. No other person shall have any rights hereunder, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.

  1. Taxes

Provision of Services and sale and delivery of Products are subject to the indirect taxes, sales taxes, value added tax, charges, customs duties and excises, and any other public charges (collectively referred to as “Taxes”) as legally applicable from time to time.  Taxes shall be borne and paid by the Parties according to law. Accordingly, all Taxes and customs charges applicable to end user or buyer are the responsibility of the buyer and may be either incorporated, included in the price or charged in addition, separately, or treated in any other way pursuant to law  . SC is not responsible for any additional taxes and customs charges that are requested during the shipment of your Order.

  1. Notices

For contractual purposes, and without affecting your statutory rights, you (i) accept this electronic means of communication and (ii) agree that all contracts, notices, disclosures, agreements, terms and their modifications, information and other communications that we will provide or send you electronically comply with any legal requirement that such communications be in writing. We may contact you by e-mail or provide you with information by posting notices on our Site.

All notices and communications from you to us –FaceToned, SC- in particular, for any question, incident or support need, should be given via email to kk support@facetoned.com   Nothing herein shall limit SC’s or its subsidiaries’ right to object to subpoenas, claims, or other demands.

All notices will be deemed received and properly served immediately when posted on our 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.

  1. Entire agreement

This Agreement the Terms, jointly with the Privacy Policy and Cookies and Terms of Use documents constitute the entire understanding between SC and you concerning the subject matters hereof and replace and supersede all prior agreements and understandings regarding the same.

  1. Modifications

We reserve the right, from time to time, to modify, amend and revise the provisions in these Terms which will be posted in the Site. You will be subject to the provisions and Terms in force at the time that you use this Site, order Services or Products, unless any change is required by law or governmental authority, in which case, such changes may also apply to orders previously placed by you.

  1. Severability

If any term of this Agreement is found invalid or unenforceable by any judge or court of competent jurisdiction, that term will be severed from this Agreement and the remainder of the Agreement will remain in full force and effect.

  1. Waiver

No failure or delay by SC or SC Group in exercising any right hereunder will waive any further exercise of that right. SC’s or SC Group’s rights and remedies hereunder are cumulative and not exclusive.

  1. Law applicable and dispute resolution

This Agreement (these Terms, jointly with the Privacy Policy and Cookies and Terms of Use) shall be governed and construed in accordance with the laws of England and Wales.

In the event of any dispute or conflict between the Parties hereto arising from the interpretation, construction or fulfillment of the Agreement the Parties commit first to try an amicable negotiation for an agreement. The Parties agree that if, 10 calendar days elapse without the Parties reaching an agreement, they shall submit to the courts and tribunals of London, England waiving any other jurisdiction that might correspond to either of them.

Last updated: September 16, 2019

Annex – Cancellation Form

Annex

Cancellation Form

(Model)

(Complete and return these forms only if you wish to cancel the contract)

To Studio Carme Ltd., operating under the trading name FaceToned, by email:

Studio Carme Ltd.  – FaceToned

3rd Floor 12 Gough Square,

London, England, EC4A 3DW

support@facetoned.com

I hereby give notice that I cancel my contract of sale of the following items:

[customer to insert description of items]

 

  • Ordered on/received on (*):

 

  • Name of consumer :

 

  • Address of consumer:

 

  • Signature of consumer (only if this form is notified on paper):

 

  • Place and Date:

 

(*) Delete as appropriate

 

Attach documents available