PRIVACY

RETURNS: Refunds, exchanges or credit on retail products are allowed within 14 days of delivery date on www.clinicocosmetics.com purchases. Full refunds will be issued for unopened products; gently used products receive credit only. All sales are final after 14 days. All Gift Certificates and Gift Card sales are final and not refundable.

 

CONTROLLING PROVISIONS: No terms and conditions other than the Terms and Conditions of Website Use (“Terms and Conditions”) contained herein shall be binding upon CLINICO Cosmetics Canada Corp. (hereinafter “CLINICO”) unless accepted by it in a writing signed by an officer of CLINICO. All terms and conditions contained in any prior oral or written communications are superseded by these Terms and Conditions. Buyer will be deemed to have assented to all Terms and Conditions contained herein if any part of the goods and/or services described herein are shipped or an invoice is presented in connection with the said goods and/or services.Please note that your use of our Website constitutes your agreement to follow and be bound by these Terms and Conditions. We may modify these Terms and Conditions or other policies set forth on the Site from time to time. When we modify these Terms and Conditions, we will update the “Last Updated” line above.It is your responsibility to regularly review these Terms and Conditions. Your use of the Site following the posting of an updated Terms and Conditions constitutes your acceptance of such updated Terms and Conditions.

 

EMAIL: Buyer is aware they will receive order emails which are sent as part of the order process. Also, unless Buyer opts out, Buyer will receive periodic promotional emails from CLINICO about CLINICO's promotions and products. To permanently opt out of promotional emails Buyer can indicate they do not want to receive promotional emails in the notes section of checkout step 3 or by contacting us by email. Also, Buyer can permanently opt out by clicking the unsubscribe link in any of the promotional emails CLINICO sends.

 

TERMS: Buyer agrees to pay for the products according to CLINICO's payment terms. In the event Buyer fails to make any payment to CLINICO when due, Buyer's entire account(s) with CLINICO shall become immediately due and payable without notice or demand. All past due amounts are subject to service charges at the maximum contract rate permitted by law.

 

DELIVERY: CLINICO will make a good faith effort to complete delivery of the products as indicated by CLINICO in writing, but CLINICO assumes no responsibility or liability and will accept no back charge for loss or damage due to delay or inability to deliver, whether or not such loss or damage was made known to CLINICO, including, but not limited to, liability for CLINICO's non-performance caused by acts of God, war, labor difficulties, accidents, inability to obtain materials, delays of carriers, contractors or suppliers or any other causes of any kind whatever beyond the control of CLINICO. Under no circumstances shall CLINICO be liable for any special, consequential, incidental, indirect, or liquidated damages, losses, or expense (whether or not based on negligence) arising directly or indirectly from delays or failure to give notice of delay.Order and Delivery can only be provided for / to addresses within the Canada.SEE SECTION 19 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 4.

 

PAYMENT: Payment terms are Credit Card only. Buyer’s obligation to pay all amounts is absolute and unconditional and is not subject to any abatement, reduction, set-off, defense, counterclaim, interruption, deferment or recoupment for any reason whatsoever.Any disputed purchase amounts should be reported immediately. If CLINICO agrees with the purchase dispute, CLINICO will credit Buyer the amount of the agreed-upon purchase dispute. All purchase disputes must be made within fourteen (14) days of the applicable purchase date.

 

PRICING: We strive to ensure accuracy in pricing on our website, however, errors may occur. We cannot be held responsible for any misrepresentation in pricing that might arise and apologize for any inconvenience that may result should this occur.SEE SECTION 19 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 6.

 

INDEMNIFICATION: CLINICO shall not be responsible for any losses or damages sustained by the Buyer or any other person because of misuse or misapplication of the products. Buyer shall defend, indemnify and hold harmless CLINICO and its agents and employees against any loss, damage, claim, suit, liability, judgment or expense (including, without limitation, attorneys’ fees) arising out of or in connection with any injury, disease or death of persons (including, without limitation, Buyer's employees and agents) or damage to or loss of any property or the environment, or violation of any applicable laws or regulations resulting from or in connection with the sale, transportation, or use of the products by Buyer, whether caused by the concurrent and/or contributory negligence of Buyer, CLINICO, or any of their agents, employees or suppliers. The obligations, indemnities and covenants contained in this paragraph shall survive the consummation or termination of this transaction.SEE SECTION 19 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 7.

 

WARRANTIES DISCLAIMER: This Site and the materials and products on this Site are provided “as is”. Except as otherwise provided on each product, CLINICO disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. CLINICO does not represent or warrant that the functions contained in the Site will be uninterrupted or error-free, that the defects will be corrected, or that this Site or the server that makes the Site available are free of viruses or other harmful components. CLINICO does not make any warrantees or representations regarding the use of the materials in this Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.SEE SECTION 19 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 8.

 

INSPECTION AND ACCEPTANCE: Claims for damage, shortage or errors in shipping must be reported within two (2) days following delivery to Buyer. Buyer shall have two (2) days from the date Buyer receives any products to inspect such products and services for defects and nonconformance that are not due to damage, shortage or errors in shipping and notify CLINICO, in writing, of any defects, nonconformance or rejection of such products. After such two (2) day period, Buyer shall be deemed to have irrevocably accepted the products, if not previously accepted. After such acceptance, Buyer shall have no right to reject the products for any reason or to revoke acceptance. Buyer hereby agrees that such two (2) day period is a reasonable amount of time for such inspection and revocation. Buyer shall have no right to order any change or modification to any product or service previously ordered by Buyer or its representatives or cancels any order without CLINICO's written consent and payment to CLINICO of all charges, expenses, commissions and reasonable profits owed to or incurred by CLINICO.

 

RETURNS: ALL SALES ARE FINAL. CLINICO, in its sole discretion, may make an exception and a Return Merchandise Authorization (RMA) may be approved by an officer of CLINICO. The authorized returns shall be subject to the following deductions: (a) cost of putting items in salable condition; (b) transportation charges, if not prepaid; and (c) handling and restocking charges. CLINICO may waive the restocking charge if the product: (i) is in new condition, suitable for resale in its undamaged original packaging and with all its original parts and (ii) has not been used, altered or damaged. Said waiver must also be approved by an officer of CLINICO.

 

SHIPMENTS: All products are shipped F.O.B., point of shipment. Risk of loss shall transfer to the Buyer upon tender of goods to Buyer, Buyer's representative, or common carrier. The cost of any special packing or special handling caused by Buyer's requirements or requests shall be added to the amount of the order. If Buyer causes or requests a shipment delay, or if CLINICO ships or delivers the products erroneously because of inaccurate, incomplete or misleading information supplied by Buyer or its agents or employees, storage and all other additional costs and risks shall be borne solely by Buyer. Claims for products damaged or lost in transit should be made by Buyer to the carrier, as CLINICO's responsibility ceases upon tender of goods to Buyer, Buyer's representative or common carrier. CLINICO will provide proof of delivery upon request.

 

TAXES: The amount of any sales, excise or other taxes, if any, applicable to the products shall be added to the purchase price and shall be paid by Buyer unless Buyer provides CLINICO with an exemption certificate acceptable to the taxing authorities. Any taxes which CLINICO may be required to pay or collect under any existing or future law, upon or with respect to the sale, purchase, delivery, storage, processing, use or consumption of any of the products, including taxes upon or measured by the receipts from the sale thereof, shall be for the account of the Buyer, who shall promptly pay the amount thereof to CLINICO upon demand.

 

SEVERABILITY: These Terms and Conditions shall not be construed against the party preparing them, but shall be construed as if all parties jointly prepared these Terms and Conditions and any uncertainty or ambiguity shall not be interpreted against any one party. If any provision hereof is held to be illegal, invalid or unenforceable under any present or future laws, such provision shall be fully severable and the Terms and Conditions herein shall be construed and enforced as if such illegal, invalid or unenforceable provision had never been made a part hereof. The remaining provisions herein shall remain in full force and effect and shall not be affected by such illegal, invalid or unenforceable provisions or by their severance here from.

 

NON-WAIVER: CLINICO's failure to insist upon the strict performance of any term or condition herein shall not be deemed a waiver of any of CLINICO's rights or remedies hereunder, nor of its right to insist upon the strict performance of the same or any other term herein in the future. No waiver of any term or condition hereunder shall be valid unless in writing and signed an officer of CLINICO.