TERMS & CONDITIONS

Last updated: August 28, 2019

Welcome to the Eltraderm Skin Care brand website, which is owned and operated by Eltraderm Ltd.  (collectively, “Eltraderm Ltd.” “Eltraderm  Products”, “we”, “us”, or “our”). These terms of use (collectively, “Terms of Use”, “Terms of Service,”, or “Terms and Conditions”) set forth the terms and conditions under which you  (“User”) may use our website and services as offered by us.

Please read these Terms of Use (“Terms and Conditions”) carefully before using the services of this site (the “Site”). THESE TERMS AND CONDITIONS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THIS SITE (THE “SITE”) AND THE RELATED SERVICES, FEATURES, CONTENT, APPS, WIDGETS OFFERED OR ANY PURCHASES YOU MAKE VIA THE SITE.

These terms and conditions apply to all Users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.This Site offers visitors information, goods, and services. By accessing or using the website of our service, you agree that you have read, understood, and agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.

​Any new features, products, tools, goods, or services, which are added to the current Site, shall also be subject to the Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

1. PRIVACY POLICY

Our Privacy Policy has been developed to provide you with an understanding of our practices with respect to the collection, use, disclosure and protection of your information. You can find the Privacy Policy, which is incorporated into this Agreement, by clicking here, and by using this Site you agree to the terms of the Privacy Policy.


2. ELIGIBILITY

In order to use our website and/or receive our services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms of Use as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.


3. GENERAL CONDITIONS

By agreeing to these Terms of Use, you represent that you are at least the age of majority in your jurisdiction of residence, and you have given us your consent to allow any of your minor dependents to use this site. You also warrant that you will only provide us with true, accurate, current, and complete information if you register for an account, subscriptions, and/or purchase orders. ​You may not use our products or services for any illegal or unauthorized purpose nor may you, in the use of this Site, violate any laws in your jurisdiction (including but not limited to copyright laws). ​You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of this website and its contents, without express written permission by us. ​​If we believe or suspect that your information is not true, accurate, current, or complete, or that you are in breach or violation of any of the Terms of Use, we may deny or immediately terminate your access to the Site or Services.

 

4. ELTRADERM CARE PROFESSIONALS

Eltraderm products and services are sold through Website and through Skin Care Professionals that carry the Eltraderm skin care brand. Online shopping is fulfilled and sold directly by Eltraderm Ltd. and in connection with an Eltraderm Skin Care Professional, where applicable.

 

We recommend that you engage in a face-to-face consultation with a skin care professional in order to receive a qualified assessment of your skin condition and concerns, as well as to ensure optimal use of products for your skin type and condition.

5. TESTIMONIALS

The testimonials reflect the actual experience of each individual and are meant to be interpreted as anecdotal evidence. They may not reflect the reality of the efficacy of Eltraderm products.

 

6. ONLINE PURCHASE TERMS

We reserve the right to refuse service to anyone for any reason at any time. When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.

The prices we charge for our products and services are listed on the website. We reserve the right to change our prices for products and services displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the checkout page. 
Subscription fees for product and/or services, and any other charges you may incur in connection with your purchase, such as taxes and possible transaction fees, will be charged on a monthly basis to your payment method.


7. PRODUCT AND SERVICE OFFERINGS

Prices for our products and services are subject to change without notice. ​​We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.


8. PRODUCT OR SERVICE AVAILABILITY

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. ​We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us.

We reserve the right to discontinue any product at any time. Any offer for any product or service made on this website is void where prohibited. ​We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors on the Site will be corrected. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by unauthorized dealers, resellers or distributors.


9. BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

​You agree to provide true, current, complete, and accurate purchase and account information for all purchases made at our online store. You agree to promptly update your account and other information, including your email address and payment information and expiration dates, so that we can complete your transactions and contact you as needed. Your submission of personal information through the website is governed by our Privacy Policy. Please view our Privacy Policy page.

10. TAXES & DUTIES

All orders shipped from this Site will be subject to sales tax, applicable in accordance with the tax code of the state and city to which the order will be shipped. Tax is estimated at the time an order is placed and a final calculation of the actual sales tax will be reflected on your order confirmation email. For international shipments outside of North America, you will be required to pay for any applicable taxes, fees, and duties.

 

11. RETURNS AND REFUND POLICY

If for any reason you are not completely satisfied with your Eltraderm website purchase you may return the purchased products within fourteen (14) days of the delivery, and we will exchange it or offer a refund based upon the original payment method. Please note that all promotional products, including free samples and gift with purchases, must be returned. We will be happy to credit your account for the amount of the purchase.  For more details, please review our Return Policy.

12. SHIPMENTS

Risk of loss shall transfer to the User upon tender of goods to User, User's representative, or common carrier. The cost of any special packing or special handling caused by User's requirements or requests shall be added to the amount of the order. If User causes or requests a shipment delay, or if we ship or deliver the products erroneously because of inaccurate, incomplete or misleading information supplied by User or its agents or employees, storage and all other additional costs and risks shall be borne solely by the User. Claims for products damaged or lost in transit should be made by the User to the carrier, as ours responsibility ceases upon tender of goods to the User, User's representative or common carrier. We will provide proof of delivery upon request.

13. EMAILS AND UPDATES

You agree to receive from time to time updates, notices, promotional messages, and materials from us, by mail, email, phone, or any other contact form you may provide us with. If you do not want to receive such communications – please notify us at any time. 


14. THIRD-PARTY LINKS

Certain content, products, and services available via our website may include materials from third-parties. Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. ​We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

15. OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor, control, nor have input. ​You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

​Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). ​We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Use.

 

16. USER CONDUCT

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. ​We may, but have no obligation to monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.

​​You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

 

17. PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of this website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of this website, other websites, or the Internet. We reserve the right to terminate your use of this website for violating any of the prohibited uses.

 

18. SITE CONTENT

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. ​This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on this website is inaccurate at any time without prior notice (including after you have submitted your order). ​We undertake no obligation to update, amend or clarify information on the website, including without limitation, pricing information, except as required by law.

 

19. INTELLECTUAL PROPERTY RIGHTS

This website and all materials therein or transferred thereby, including, without limitation, software, images, text, charts, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Eltraderm Ltd. All rights reserved. Except as explicitly provided herein, nothing in these Terms of Use shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

 

20. USER CONTENT

You do not have to submit anything to us, but if you choose to submit any User Content to the Site, it will be deemed non-proprietary and non-confidential and may be used by us, our affiliates or others without restriction. You represent and warrant that you own or otherwise control any and all rights in and to the User Content that you submit and that our public posting and use of that User Content will not infringe or violate the rights of any third party in any manner, including without limitation any privacy rights, publicity rights, copyrights, contract rights or any other intellectual property or proprietary rights.

You recognize and agree that by uploading any content (including, but not limited to designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text and literary works) through any means to the website, you confirm that you own all the relevant rights or received the appropriate license to upload/transfer/send the content. You agree and consent that the uploaded/transferred content may be publicly displayed at the website.


21. DISCLAIMER

We do not guarantee, represent or warrant that your use of our website will be uninterrupted, timely, secure or error-free. ​We do not warrant that the results that may be obtained from the use of this website will be accurate or reliable. You agree that from time to time we may remove the website service for indefinite periods of time or cancel the service at any time, without notice to you.

​You expressly agree that your use of, or inability to use, the website service is at your sole risk. This website and all products and services delivered to you through the Site are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representations, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

​While we have taken care in creating and delivering correct information on this website, there may be information on our website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, product images, pricing, promotions, offers, product shipping charges, transit times and availability.  At times, a product image may differ from its actual image due to, but not limited to, packaging variations, graphics, design, or changes.

 

22. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, in no event shall Eltraderm Ltd., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation loss of profits, revenue, savings, goodwill, use, data or other intangible losses, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.


To the maximum extent permitted by applicable law, Eltraderm Ltd. assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

23. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Eltraderm Ltd. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the products or services offered on the website.


24. SEVERABILITY

In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.


25. TERMINATION

​We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. We may also terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our website or Services (or any part thereof). You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment.


26. ENTIRE AGREEMENT

The failure of Eltraderm Ltd. to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. ​These Terms of Use and any policies or operating rules posted by us on this website or in respect to this Site constitutes the entire agreement and understanding between you and us and govern your use of this website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions). ​Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.


27. GOVERNING LAW

These Terms and Conditions, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the Province of Ontario, Canada, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in the Province of Ontario, Canada. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.


28. CHANGES TO TERMS AND CONDITIONS

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes. If you do not agree to any of these terms or any future version of the Terms of Use, do not use, access, or continue to access this website.


29. CONTACT INFORMATION

Questions about our Terms and Conditions should be sent to us at info@eltraderm.com.

You may contact us by writing to us at info@eltraderm.com or calling us at (905) 604-7870 or 1-833-392-7546 toll free in Canada and the United States.