Terms and Conditions

 

1. TERMS AND CONDITIONS OF USE OF THE WEBSITE

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

These Terms and Conditions of Use of the Website (“Terms of Use”) constitute a legally binding agreement («Agreement») between you and Arctic Farma, LLC, a limited liability company with its corporate office located at 110 SE 6th Street, Suite 1700, 110 SE 6th Street, Suite 1700, Fort Lauderdale, FL 33301 (hereinafter “Company,” “our,” “we” or “us”).   This Agreement governs your purchase of the Oslo Skin Lab™ Product (“Product”) from this website. By purchasing the Product, you agree to be bound by, and become a party to, this Agreement.

BINDING EFFECT. This is a binding agreement. By using the Internet site located at https://osloskinlab.us (the “Site”) or any services provided in connection with the Site (the “Service”), you agree to abide by these Terms of Use, as they may be amended by the Company from time to time in its sole discretion. Company will post a notice on the Site any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Site and the  Service. YOU AGREE THAT BY USING THIS SITE AND THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

COPYRIGHT.  All contents of Site or Service are Company’s copyright or a copyright licensed to Company by a third party. All rights reserved. The entire content included in this Site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Company.  The collective work includes works that are licensed to Company.

ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this Site for the sole purpose of placing an order with Company or purchasing Products of the Company. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the Site solely for your own non-commercial use, or to place an order with Company or to purchase Products of the Company. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this Site is strictly prohibited, unless authorized by Company. You further agree not to change or delete any proprietary notices from materials downloaded from the Site.

TRADEMARKS. You specifically recognize that all intellectual property rights to the Product displayed in this Site, such as trademarks, belong to NutraQ AS, Enebakkveien 117, 0680 Oslo, Norway (“NutraQ”) and are either owned by or licensed to Company. You may not obtain, or try to obtain or register, for yourself or any third party or entity, anywhere in the world any trademarks or trade names identical or confusingly similar to NutraQ’s trademarks.

WARRANTY DISCLAIMER. This Site and the materials and Products on this Site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Company does not represent or warrant that the functions contained in the Site or the Service will be uninterrupted or error-free, that any defects will be corrected, or that this Site or the server that makes the Site available are free of viruses or other harmful components. Company does not make any warrantees or representations regarding the use of the materials in this Site in terms of their correctness, accuracy, adequacy, completeness, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

NO MEDICAL OR HEALTHCARE ADVICE. The Product sold on this Site is a dietary supplement and claims about this Product on this Site have not been evaluated by the United States Food and Drug Administration. This Product is not intended to diagnose, treat, cure, or prevent any disease.

This Site is not intended to provide any medical or healthcare advice.  Information and other content provided on this Site, including information we may provide in response to your inquiry or question submitted through the Site, or by linking to third-party websites, are provided for informational and educational purposes only.  This information is NOT intended as, and should NOT be used as, a substitute for the advice of your physician or healthcare provider.  Never delay or disregard seeking medical attention because of something you have read on this Site.  Please consult with your physician or other healthcare professional with any questions or concerns about your health. 

Limitation of liability. Company shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this Site or the performance of the Products, even if Company has been advised of the possibility of such damages. Applicable law may not allow the limitation of liability or exclusion of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

TYPOGRAPHICAL ERRORS. In the event that a Company Product is mistakenly listed at an incorrect price, Company reserves the right to refuse or cancel any orders placed for Product listed at the incorrect price. Company reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Company shall issue a credit to your credit card account in the amount of the incorrect price that was charged to your card.

TERM; TERMINATION. These Terms of Use are applicable to you upon your accessing the Site and/or completing the registration or shopping process or using any Service. These Terms of Use, or any part of them, may be terminated by Company without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

NOTICE. Company may deliver notice to you by means of e-mail, a general notice on the Site, or by other reliable method to the address you have provided to Company.

APPLICABLE LAW; JURISDICTION; DISPUTE RESOLUTION AND CLASS WAIVER

Your use of this Site shall be governed in all respects by and construed in accordance with the laws of the State of Florida, without giving effect to any choice of law or conflict of law. To the fullest extent permitted by law, you and Company agree to arbitrate any controversy, claim or dispute arising out of or in any way related to your use of this site, including but not limited to claims based on contract, tort, negligence, statutory or regulatory provisions.  If, for whatever reason, any term or condition in this Agreement is found to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect.  Any claim or cause of action arising out of or related to use of this Site, or to this Agreement or to the Products or Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this Agreement and any notice given in electronic form relating to this Agreement will be admissible in any arbitration proceeding, subject to the same conditions as other business documents and records originally generated and maintained in printed form.

EACH PARTY IS GIVING UP ITS RIGHT TO SUE IN COURT AND TO HAVE ANY CONTROVERSY, CLAIM OR DISPUTE HEARD BY A JUDGE OR JURY.

YOU AND COMPANY EXPRESSLY AGREE TO ARBITRATE ANY CONTROVERSY, CLAIM OR DISPUTE ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT. THIS AGREEMENT TO ARBITRATE ALSO APPLIES TO THRESHOLD ARBITRABILITY ISSUES, INCLUDING ISSUES RELATED TO WHETHER THE AGREEMENT IS UNCONSCIONABLE OR ILLUSORY AND ANY DEFENSE TO ARBITRATION. YOU ALSO AGREE THAT ANY ARBITRATION MAY ONLY BE BROUGHT IN YOUR AND OUR INDIVIDUAL CAPACITIES, NOT AS A CLASS, PURPORTED CLASS OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL OR ENTITY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

The mutual promise made by you and us to arbitrate any and all disputes, and to do so on an individual basis, rather than to litigate before the courts, provides the mutual consideration for this Agreement to arbitrate. Either party may exercise the right to arbitrate by providing the other party with written notice of any claims forming the basis of such right in sufficient detail to inform the other party of the substance of such claims. In no event shall the request for arbitration be made after the date when institution of legal or equitable proceedings based on such claims would be barred by the applicable statute of limitations.

Unless you and Company otherwise agree in writing, the arbitration will be conducted in the county where you reside by a single neutral arbitrator and in accordance with the then current rules for resolution of disputes of the American Arbitration Association (AAA) (available on line at www.adr.org). The parties are entitled to representation by an attorney or other representative of their choosing. The parties agree to abide by and perform any award rendered by the arbitrator. The arbitrator shall issue the award in writing and therein state the essential findings and conclusions on which the award is based. Judgment on the award may be entered into any court located in the state of Florida having jurisdiction thereof.

Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.

USE OF SITE. Harassment in any manner or form on the Site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including Company or other licensed employee, host, or representative, as well as any other member of the public or visitor to the Site is prohibited. You may not upload to distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.

PARTICIPATION DISCLAIMER. Company hereby disclaims any liability to you for any content you post on this Site, or any user-generated content you view on this Site. When you post on this Site or view the content of other users posted on this Site, you do so at your own risk.  You acknowledge that by providing you with the ability to post content on this Site and view  other user-generated content on the Site, Company is merely acting as a passive conduit for the dissemination of such content and is not undertaking any obligation or liability relating to any such contents or activities on the Site. However, Company reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Company in its sole discretion.

INDEMNIFICATION. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, licensors, representatives and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages, liabilities and costs, including reasonable attorneys’ fees, (collectively, “Claims”) resulting from your violation of any of these Terms of Use or this Agreement, your infringement or infringement by any user of your account of any intellectual property or other right of any person or entity, including  any activity related to your account (including without limitation negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account. Company will notify you promptly of any such Claims and will provide you with reasonable assistance, at your expense, in defending any such Claims.

THIRD-PARTY LINKS AND AFFILIATED SITES. Company has no control over, and no liability for any third party websites or materials. Company works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither Company nor the Site has control over the content and performance of these partner and affiliate sites, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.

In an attempt to provide increased value to our visitors, Company may link to sites operated by third parties. However, even if the third party is affiliated with Company, Company has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Company. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Company seeks to protect the integrity of its Site and the links placed upon it and therefore requests any feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work).

PRIVACY POLICY. Company respects your privacy and the rights you have regarding our collection and handling of your personal information. A complete statement of Company’s current Privacy Policy can be found by clicking the “privacy” link at the bottom of the page. Company’s Privacy Policy is expressly incorporated into this Agreement by this reference.

USE OF SOFTWARE. Company may make certain software available to you from the Site. If you download software from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed to be licensed to you by Company, for your personal, noncommercial, home use only. Company does not transfer either the title or the intellectual property rights to the Software, and Company retains full and complete title or licensing rights to the Software as well as all applicable intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by Company or its licensors and you may not copy or use them in any manner.

USER CONTENT. You grant Company an unrestricted, royalty-free license to use the materials you post to the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or Service, you are granting Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Company may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute the User Content.

COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

INAPPROPRIATE CONTENT. You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. Company reserves the right to terminate your access to this Site, and your receipt, transmission, or other distribution of any such material using the Site or Service, and, if applicable, to delete any such material from its servers. Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

COPYRIGHT INFRINGEMENT & DIGITAL MILLENNIUM COPYRIGHT ACT. Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service.

Company provides this Site as an interactive service provider and is not liable for any and all claims resulting from use of any content or information on this Site.  Pursuant to the Digital Millennium Copyright Act (DMCA), if a user feels unauthorized content or information has been posted on this Site, please notify us by mail at ATTN:  2340 Mira Mar Ave, Long Beach, CA 90815 or by email at info@osloskinlab.us with the subject line stating “Copyright.”  The DMCA notice MUST include the following: (i) a detailed description of the alleged infringement; (ii) the copyright owner’s name or who otherwise retains authorized use; (iii) the URL(s) where the alleged infringement can be located; (iv) a statement indicating your authorization to file a DMCA complaint; (v) how you may be contacted; and (vi) the following statement: 

I have a good faith belief that use of the copyrighted material described above is not authorized by the copyright owner or its agent, nor is such use otherwise permissible under law.  I declare, under penalty of perjury, that the information presented herein is accurate, that I am authorized to represent the copyright holder, and I have a good faith belief that the use is infringing.

ALLEGED VIOLATIONS. Company reserves the right to terminate your use of the Service and/or the Site. To ensure that Company provides a high quality experience for you and for other users of the Site and the Service, you agree that Company or its representatives may access your account and records to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Company reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if Company believes that you have violated any of the Terms of Use, furnished Company with false or misleading information, or interfered with use of the Site or the Service by others.

NO WARRANTIES. COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS AND THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.  

LIMITED LIABILITY. COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

PROHIBITED USES. Company imposes certain restrictions on your use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Site or Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.

WAIVER. No waiver of any breach of any provision of this Agreement or the Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.

MODIFICATIONS. Company may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. Company shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.

ACKNOWLEDGEMENT. BY USING THE SITE OR SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

CONTACT INFORMATION.  Questions or comments regarding the Site, the Service or this Agreement should be submitted by completing the form in the “Contact Us” section of the Site or sent by mail to the following address:

110 SE 6th Street, Suite 1700, Fort Lauderdale, FL 33301

Effective Date: February 8th, 2021

 

 

2. TERMS AND CONDITIONS OF SALE

These Terms and Conditions of Sale (“Terms of Sale”) constitute a legally binding agreement («Agreement») between you and Arctic Farma, LLC, a limited liability company with its corporate office located at ,(hereinafter “Company,” “our,” “we” or “us”).   This Agreement governs your purchase of the Oslo Skin Lab Product (“Product”) from this website. By purchasing the Product, you agree to be bound by, and become a party to, this Agreement. 

PRIOR TO PURCHASING A PRODUCT ON THIS SITE READ, PLEASE READ THIS DOCUMENT CAREFULLY! If you do not agree to the terms of this Agreement, do not click on the “I accept” button and abandon your purchase of the products.

THE TERMS OF USE  AND PRIVACY POLICY for our website located at URL http://osloskinlab.us (“Home Page”) (the “Site”), are expressly incorporated into this Agreement by this reference. 

ONLINE STORE. This Agreement covers the terms of our sale and your purchase of Products through our Site and our online shop located at http://osloskinlab.us  (“Online Shop” and with the Home Page, the Site).

USAGE OF SITE & CREDENTIALS. You are responsible for the supervision, management, confidentiality and control of your login credentials and are fully responsible for all activities that occur under your account or password. You are responsible for ensuring that you exit from your account at the end of each session.  Any person using your login credentials is conclusively deemed to have actual authority to engage in transactions in the Online Shop, and, accordingly, all sales of Products made by a person using your credentials are hereby authorized by you. You agree to be responsible for all charges resulting from the use of your account on the Site including charges resulting from unauthorized use of your account. We are not liable for any loss or damage resulting from your failure to comply with this section. You agree to immediately notify us if you become aware of any unauthorized use of your account or login credentials or any other security breach, and we will thereafter promptly suspend your account. 

USE OF SITE FROM JURISDICTION OUTSIDE THE UNITED STATES. We make no representation that the Products described or offered on this Site are appropriate or available for purchase in jurisdictions outside the United States, or that this Agreement complies with the laws of any country outside the United States. Users of the Site residing outside the United States do so at their own initiative and risk and are responsible for complying with all applicable laws and regulations. You agree not to access the Site from any location or territory where its contents are illegal and that you and not us, are responsible for compliance with all applicable laws and regulations in the jurisdiction in which you reside.

PURCHASES & PRICING. You must be 18 years of age (or the age of majority in your state) to purchase products on this Site.  You are responsible for all Product purchases and amounts due under your login credentials. You are responsible for paying in full the purchase price for Products, the shipping and handling charges and any taxes due as set forth in your Online Shop order, prior to our acceptance of your order for processing. Company reserves the right to modify, suspend, or terminate any and all promotions, offers, or sales due to circumstances that may limit or otherwise restrict our ability to fulfill an order including, but not limited to: (i) technical, hardware, or miscellaneous software malfunctions; viruses; network or electronic malfunctions of any kind;(ii) any human error that may occur regarding promotions, offers, or sales; and (iii) supply chain disruptions, or any other event beyond our control, including without limitation, war, strikes, fire, extreme weather, or epidemic.

Your purchase of the Products is for your own use, and you agree that you will not resell any Product.  

SHIPPING INSTRUCTIONS. We will ship Products to the address you enter in our Online Shop order form using the shipping method you select.  Shipping rates and details, including any special offers, are provided in our Online Shop for your review prior to placing your order.

PACKING AND HANDLING. All Products ordered by you shall be packed in accordance with our standard practices. We will not accept and cannot accommodate any special requests for custom containers, packing, crating, boxing or bundling.

RISK OF LOSS. All Products are shipped Ex Works (EXW) and Product title and risk of loss pass to you upon our delivery of the Products to the common carrier. Any claims for loss, shortage or damage to the Products arising following our delivery to the common carrier should be submitted to the common carrier. 

PAYMENTS. You hereby authorize Company to charge the listed purchase price for Products and the shipping and handling charges and taxes due as set forth in your Online Shop order to the credit card or bank account you provided incident to the order. You assume all responsibility for notifying us of changes in credit card numbers and/or expiration dates or in any change in status of the applicable bank account, as the case may be. If your credit card is denied when charged or if an ACH or other debit to the depositary account is rejected, we may charge and collect from you a “bad account” fee of twenty five ($25.00) dollars for any declined or rejected transaction. You shall additionally be responsible for and shall immediately pay us, on demand, any payments that are made to us that are subject to a subsequent reversal. Questions regarding charges must be brought to the attention of Company’s billing department within 90 days after the end of the questioned billing period. Charges beyond 90 days old are not subject to review, reversal or refund. You hereby represent and warrant that (a) the credit card, debit card or bank account information supplied to company is true, correct and complete, (b) amounts due from you will be honored by your bank or credit card company, and (c) you shall pay for all your purchases on the online shop at the prices in effect at the time incurred. You remain solely responsible to pay for Product purchases following declination of your credit card, ACH transaction, eCheck or otherwise. 

TAX. You shall be responsible for all sales, use and other taxes and all applicable duties, levies and export fees and similar charges imposed by any federal, state or local government entity with respect to your purchase of Products and authorize us to charge such due amounts in addition to the amounts set forth above.

RETURN POLICY.

We will gladly issue a refund of the purchase price for the Product (less shipping costs) if you are not completely satisfied with the Product.

To initiate the refund process, please return any remaining product to our facility at OsloSkinLab 2340 Mira Mar Ave, Long Beach, CA 90815. If available, include a copy of your packing slip with your return. Otherwise, please include a note with your contact information. The product must be returned within 14 days of purchase to be refunded.

PRODUCT WARRANTY. Company hereby represents and warrants (the “Limited Warranty”) that Products shall conform to their applicable label, at the time title of the Product passes to you.  COMPANY HEREBY DISCLAIMS ALL OTHER WARRANTIES REGARDING THE PRODUCTS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.

LIMITED LIABILITY. COMPANY’S LIABILITY TO YOU IS LIMITED. Company will, as its sole liability and as your sole remedy for any alleged failure of the Product to meet the Limited Warranty, replace or refund your full purchase price of the Product. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH ANY BREACH OF THE LIMITED WARRANTY.  YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, COMPANY IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT INVOICED FOR THE APPLICABLE PRODUCT. SOME STATE JURISDICTIONS MAY NOT ENFORCE ALL OF THESE LIMITATIONS, AND ONLY THE LIMITATIONS THAT ARE LAWFULLY APPLIED TO YOU IN YOUR JURISDICTION WILL APPLY.

TRADEMARKS, BRANDS. You specifically recognize that all intellectual property rights to the Product including trademarks belong to NutraQ AS, Enebakkveien 117, 0680 Oslo, Norway (“NutraQ”), or are licensed to the Company. You may not obtain, or try to obtain or register, for yourself or any third party or entity, anywhere in the world any trademarks or trade names identical or confusingly similar to NutraQ’s trademarks.

APPLICABLE LAW; JURISDICTION; DISPUTE RESOLUTION AND CLASS WAIVER

All questions concerning the construction, validity, enforcement and interpretation of this Agreement shall be governed by and construed in accordance with the laws of the State of Florida and the State of California, without giving effect to any choice of law or conflict of law. To the fullest extent permitted by law, you and Company agree to arbitrate any controversy, claim or dispute arising out of or in any way related to this Agreement, including but not limited to claims based on contract, tort, negligence, statutory or regulatory provisions.  If, for whatever reason, any term or condition in this Agreement is found to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect.  Any claim or cause of action arising out of or related to use of the Online Shop, or to this Agreement or to the Products must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this Agreement and any notice given in electronic form relating to this Agreement will be admissible in any arbitration proceeding, subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

EACH PARTY IS GIVING UP ITS RIGHT TO SUE IN COURT AND TO HAVE ANY CONTROVERSY, CLAIM OR DISPUTE HEARD BY A JUDGE OR JURY.

 

YOU AND COMPANY EXPRESSLY AGREE TO ARBITRATE ANY CONTROVERSY, CLAIM OR DISPUTE ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT. THIS AGREEMENT TO ARBITRATE ALSO APPLIES TO THRESHOLD ARBITRABILITY ISSUES, INCLUDING ISSUES RELATED TO WHETHER THE AGREEMENT IS UNCONSCIONABLE OR ILLUSORY AND ANY DEFENSE TO ARBITRATION. YOU ALSO AGREE THAT ANY ARBITRATION MAY ONLY BE BROUGHT IN YOUR AND OUR INDIVIDUAL CAPACITIES, NOT AS A CLASS, PURPORTED CLASS OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL OR ENTITY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

The mutual promise made by you and us to arbitrate any and all disputes, and to do so on an individual basis, rather than to litigate before the courts, provides the mutual consideration for this Agreement to arbitrate. Either party may exercise the right to arbitrate by providing the other party with written notice of any claims forming the basis of such right in sufficient detail to inform the other party of the substance of such claims. In no event shall the request for arbitration be made after the date when institution of legal or equitable proceedings based on such claims would be barred by the applicable statute of limitations.

Unless you and Company otherwise agree in writing, the arbitration will be conducted in the county where you reside by a single neutral arbitrator and in accordance with the then current rules for resolution of disputes of the American Arbitration Association (AAA) (available on line at www.adr.org). The parties are entitled to representation by an attorney or other representative of their choosing. The parties agree to abide by and perform any award rendered by the arbitrator. The arbitrator shall issue the award in writing and therein state the essential findings and conclusions on which the award is based. Judgment on the award may be entered in any court having jurisdiction thereof.

Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.

WAIVER. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

MISCELLANEOUS. You may not assign this Agreement without the prior written consent of Company, but Company may assign or transfer this Agreement, in whole or in part, to another entity, without consent from you.

The section titles in this Agreement are for convenience only and have no legal or contractual effect.  

Notices to you may be made via either email or regular mail.  Company may also provide notices to you of changes to this Agreement or other matters by displaying notices or links to notices generally on the site. This Agreement, including the Terms, constitutes the entire agreement between you and Company regarding the subject matter hereof.

MODIFICATIONS. Company may, in its sole discretion and without prior notice, (a) revise this Agreement; (b) revise the labelling or modify the ingredients or formula of any Products; and (c) discontinue the Site or any Products at any time.  Company shall post any revision to this Agreement to the Site, and the revision shall be effective immediately on such posting. You agree to review this Agreement and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you will abide by any such revision.

ACKNOWLEDGEMENT. BY CLICKING ON THE “I ACCEPT” BUTTON AND COMPLETING YOUR PURCHASE IN OUR ONLINE SHOP, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ENTER INTO AND BE BOUND BY IT.