Please read these terms and conditions carefully as they contain important information regarding your rights and obligations.
1.1 Please read these terms and conditions carefully before using the website operated by Banish Inc.
1.2 By using or accessing our website, you agree to be legally bound by these terms and conditions of use as they apply to your use of or access to our website as they may be modified and posted on our website from time to time.
1.3 If you do not wish to be bound by these terms and conditions then you may not use our website.
2.1 Our website is a place for you to select and order skin care products. Our website describes the Products in more detail.
3.1 To order a product you will need to follow the ordering procedures set out here. Details of our prices for the Products and the procedures for payment and delivery are displayed on our website.
3.2 Any times or dates stated on our website for delivery are estimates only. We will make all reasonable effort to deliver goods within the time specified, but do not accept liability for any failure to deliver within that time.
3.3 You must pay at the time of order. The price of any Product is the price in force at the date and time of your order. We may change the price of any Product before you place an order. We try to ensure that our prices displayed on our website are accurate but the price on your order will need to be validated by us as part of the acceptance procedure (see clause 3.4 below). We will inform you if a Product's correct price is higher than that stated in your order and you may cancel the order and decide whether or not to order the product at the correct price.
3.4 We are entitled to refuse any order placed by you. If your order is accepted, we will confirm acceptance to you by online electronic means ('Confirmation') to the e-mail address you have given us. The order will then be fulfilled by the date set out in the Confirmation or, if the Confirmation does not contain such a date, within 30 days.
3.5 You undertake that all details you provide to us for the purpose of purchasing Products which may be offered by us will be correct, that the credit or debit card, or any electronic cash, which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any goods or services. We reserve the right to obtain validation of your credit or debit card details before providing you with any goods or services.
4.1 For products excluded from the Banish Return Policy (Bulk items incl ‘All Rollers’ and ‘All Products’) you may return your purchased items within 30 working days of delivery for any reason (including if you simply change your mind). To do so you must notify us in writing or other durable medium (including e-mail) within those 30 working days. You will then be entitled to a refund from us. You must arrange for and pay the costs of returning the Products to us – on request, we will collect the Products from you, but the cost of this will be charged to you and we may deduct this from the refund. While in your possession, you must keep any Products you intend to return to us in good condition.
5.1 We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of our website or the content or services available through it, including your access to it. Unless explicitly stated to the contrary, any new features including new content, and/or the sale of new Products and/or the release of new software tools or resources shall be subject to these terms and conditions.
6.1 The following applies to any information you provide to us, for example during any registration or ordering process:
· You authorize us to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and address, to the extent reasonably necessary to provide the services which are available through our website by us, our partners, successors (including the purchaser of the whole or part of our business), associates, sub-contractors or other third parties (together our 'Partner Companies').
6.2 By accepting these terms and conditions, you agree to the processing and disclosure of the Personal Information for the Purposes. If you would like to review or modify any part of your Personal Information then you should e-mail us at firstname.lastname@example.org
6.3 In addition, the following also applies to all messages, e-mails, bulletin boards postings, ideas, suggestions, concepts or other material submitted by you to us ('Content'):
· you must own or have the right to submit Content for publication on our website and all Content submitted by you must be legal, honest, decent and truthful and comply with all applicable laws, regulations, standards and/or codes of practice;
· you must ensure that all Content submitted to us does not infringe the copyright, design, privacy, publicity, data protection, trade mark or any other rights of any third party, nor be obscene, abusive, threatening, libelous or defamatory of any person or be otherwise unlawful;
· we have the right to monitor Content and may edit, reject or remove Content if we believe it does not comply with the above and, in particular, we reserve the right to block incoming e-mails and other Content if we believe that their content is or may be inappropriate or otherwise does not comply with the above.
6.4 You grant us a non-exclusive, irrevocable, royalty free, worldwide license to publish all Content that you submit to us except any portion of the Content that is Personal Information. You have sole responsibility for the Content which you submit to us and you shall indemnify and shall keep us fully and effectively indemnified on demand from and against all actions, claims, losses, liability, proceedings, damages, costs, expenses, loss of business, loss of profits, business interruption and other pecuniary or consequential loss (including legal costs and expenses) suffered or incurred by us and arising directly or indirectly out of the publication of Content submitted by you to us.
6.5 You warrant and undertake that you will not use our website for any purpose that is illegal or prohibited by these terms and conditions, including without limitation the posting or transmitting of any libelous, defamatory, inflammatory or obscene material. If you breach these terms and conditions then your permission to use this website terminates immediately without the necessity of any notice being given to you. We retain the right to deny access to any person who fails to comply with these terms and conditions.
You are solely responsible in all respects for all use of and for protecting the confidentiality of any username, e-mail verification and password that may be given to you or selected by you for use on our website. You may not share these with or transfer them to any third parties. You must notify us immediately of any unauthorized use of them or any other breach of security regarding our website that comes to your attention.
7.1 Unless otherwise specified all content and materials published on our website are presented solely for your private, personal and non-commercial use.
8.1 The contents of our website are protected by international copyright laws and other intellectual property rights. The owner of these rights is in our name, its affiliates or other third party licensors. All product and company names and logos mentioned in our website are the trademarks, service marks or trading names of their respective owners, including us. You may download material from our website for the sole purpose of placing an order with us or using our website as a shopping resource. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our website including but not limited to text, graphics, video, messages, code and/or software without our prior written consent, except where expressly invited to do so, for example in order to complete any test or questionnaire.
8.2 We make no representations whatsoever about any other websites which you may access through our website or which may link to our website. When you access any other website you understand that it is independent from us and that we have no control over the content or availability of that website. In addition, a link to any other website does not mean that we endorse or accepts any responsibility for the content, or the use of, such a website and we shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator or web master.
8.3 We will try to make our website available but cannot guarantee that our website will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other Internet connected device.
8.4 We will do our best to ensure that all materials and information published on our website are accurate, but please note that all content, materials and information on our website are provided on an 'as is' basis and you assume total responsibility and risk for your use of our website and use of all information contained within it.
9.1 Medical Information. Banishacnescars.com is for informational purposes and is not meant to act as a substitute for advice from a physician. None of the content or products offered on Banishacnescars.com is meant to diagnose, treat, alleviate or relieve any medical or health conditions. We are not authorized to answer or respond to questions requiring an opinion from a medical professional. Banish makes no guarantee about the accuracy, reliability, timeliness or completeness of any material accessible through this site. You should always speak with your physician or other healthcare professional before adopting any treatment for a health problem or before using any of our products.
10.1 Banish is not liable for any individual reaction to any particular ingredient. Remember to read our labels and ingredient lists carefully and follow appropriate directions for use. If you have a specific allergy or sensitivity, do not use ingredients that may trigger a reaction. An allergy patch test is recommended if there is any doubt or history of skin reactions. Discontinue use if a reaction occurs. Information on this website has not been evaluated by Food or Drug Administration.
11.1 We accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect) in each case, however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of our website or its contents other than as a direct result of purchasing Products (which shall be subject to the exclusions and limitation of liability set out in these terms and conditions), we accept no liability for this loss or damage (except where we have been negligent) whether due to inaccuracy, error, omission or any other cause and whether on the part of us or our servants, agents or any other person or entity.
12.1 If we are liable to you for any reason, our liability will be limited to the amount paid by you for the Product concerned.
13.1 We may alter these terms and conditions from time to time and post the new version on our website, following which all use of our website will be governed by that version. You must check the terms and conditions on the website regularly.