Terms and Conditions
TERMS & CONDITIONS – ECKSTEIN BIOKOSMETIK, USA, Inc.
Welcome to the Eckstein Biokosmetic, USA, Inc. website (hereafter, the “Site”)
2. GENERAL TERMS AND CONDITIONS
Unless otherwise stated, the cosmetics, products and services on Our Site are intended for personal, non-commercial purposes, only. You agree to use Our Site only for lawful, non-commercial purposes, and in full compliance with all international, federal, state and local laws and regulations. You may not, without Our express consent, sell or resell any of the products or services (or any samples thereof), which you purchase or otherwise receive from Us. You may not use, reproduce, distribute, reverse engineer or decompile, modify, copy, publish, display, transmit, adapt, frame, link, rent, lease, loan, sell, resell, license or in any way or manner exploit the contents of this Site and/or its products and services for non-personal or commercial purposes. We reserve the right, with or without notice to you, to cancel, refuse, or reduce the quantity of any order placed by you for Our products and services, if we believe, in Our sole discretion, that your order may result in a violation of Our Terms & Conditions.
By accessing and/or visiting this Site, you represent and warrant that you are above the age of legal majority in the jurisdiction of your residence; do not have more than one (1) account for Our Site at any given time; you will only provide Us with true, accurate, current and complete information if you register for an account with Us and/or place orders through Our Site; and that you have not previously been suspended or removed from Our Site. If We believe or suspect, in our sole discretion, that the information you provide to Us is not true, accurate, current and/or complete, we may deny, limit or terminate your access to Our Site. You further represent and warrant that you have full power and authority to voluntarily enter into these Terms & Conditions, and in so doing, you will not violate any other agreement to which you may be a party.
In your access to and use of Our Site, you shall not change, alter, amend, modify or revise any content or portion of the Site, or its products and/or services, and you may not in any manner impair or interrupt the integrity and operation of Our Site. Should you default or breach any of these Terms & Conditions, whether negligently or willingly, you shall be liable for all losses and damages that this may cause to Us, Our affiliates, partners and/or Our licensors.
3. ACCURACY OF INFORMATION
We attempt to be as accurate as possible when describing Our products and services on this Site. However, to the extent permitted by applicable law, we do not represent or warrant that the product descriptions, colors, information or other content available on Our Site are accurate, complete, reliable, current or entirely error-free. The availability of the products and services described in Our Site may vary based upon location, season, availability and/or timing.
4. YOUR ACCOUNT WITH US
You may choose to create an account on Our Site with Us, if you are over the legal age of majority in the jurisdiction in which you reside, at the time you create your account. If you are over the age of majority and do register for an account with Us, you will have an email address/username and password created for your account. You and you alone, are responsible for maintaining the confidentiality of your account, user name and password, and for restricting the access of others to your account. You are responsible for creating and maintaining such information as current, complete, accurate and truthful. You and you alone, agree to be responsible for all activities that occur under your account, user name and/or password. Should you use or access Our Site on someone else’s behalf, you represent and warrant that you have the full and express authority to bind that person as the principal to all Terms & Conditions set forth on Our Site. To the extent that you do not have such authority, you agree to be bound to these Terms & Conditions and to accept liability for any and all harm caused by any wrongful use of the Site or its content resulting from such unauthorized access or use.
We reserve the right to refuse access, service and/or to terminate your account with Us, either with or without prior notice, if these Terms & Conditions are violated, or if we decide, in Our sole discretion, that it would be in Our best interests to do so.
5. INTELLECTUAL PROPERTY
All information and content available on Our Site and it’s “look and feel”, including but not limited to, all content, trademarks, trade names, logos, service marks, text, graphics, illustrations, button icons, images, audio and video material, data compilations, characters, names, software, and the compilation and organization thereof, is Our property, and is protected by copyright, trademark and all other applicable intellectual property rights, laws and regulations of the laws of the United States of America and the Federal Republic of Germany, as well as all applicable international conventions and the applicable laws of other countries.
Except as may be provided in these Terms & Conditions, you hereby agree that you shall not, use, publish, reproduce, display, duplicate, copy, sell, resell, access, modify, publicly perform, create derivative works from, reverse engineer or decompile, disassemble, distribute, license, transfer, post, enter into a database of any kind, upload, download, transmit or modify any of our intellectual or propriety material (including Our cosmetics, products and services), or any portion thereof, for any purpose or by any means, method or process now known or to be later developed. Any modification of any of the materials appearing on Our Site, or the use of such material for any other purpose not set forth within these Terms & Conditions, constitutes a violation of Our copyright and other propriety rights recognized by law, and will be treated as such.
We fully respect the intellectual property of others. If you are a copyright owner or an agent thereof and believe that any content on Our Site infringes upon your copyrights, you may submit a notification in accordance with the Digital Millennium Copyright Act (“DMCA”; 17 U.S.C. section 512), by providing our Copyright Agent with the information specified in 17 U.S.C. section 512(c), (3). Our designated Copyright Agent is: Dr. Gerhard Eckstein, 5910 Sea Lion Place, Ste. 100, Carlsbad, CA 92010, USA. After receiving notice of a claim of alleged infringement, We will process and investigate the claim and will take all such appropriate actions under the DMCA and other applicable intellectual property laws. You hereby acknowledge that if you fail to comply with each and all of the stated requirements for providing notice under and pursuant to the DMCA, your DMCA notice to Us may not be valid or effective. Upon receipt of a notice which complies (or substantially complies) with the DMCA, We will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and will take reasonable steps to notify the owner or the owner’s agent that we have removed or disabled access to such material.
6. LIMITED LICENSE
We grant you a limited, revocable, and non-exclusive license to access and to make personal, non-commercial use of Our Site. This limited license does not, however, include or confer the right to disrupt or interfere in any way with the content and operation of Our Site as set forth in these Terms & Conditions. Any unauthorized use by you of the Site or any and/or all of its content automatically terminates the limited license that We grant you, without prejudice to any other remedy provided by law or by these Terms & Conditions.
We make Our software available for you to download and/or use in order to access Our Site. Any and all such software is hereby subject to these Terms & Conditions, and We grant you a limited, revocable and non-exclusive license to use our software. Our software is also protected by copyright and other intellectual property laws and is owned by Us or Our suppliers. You shall not use Our software for any other purpose other than to visit, access and purchase cosmetics, products and services from Our Site.
It is Our policy to decline unsolicited suggestions and ideas. Notwithstanding this policy, any inquiries, feedback, suggestions, ideas, submissions or other information you may provide to Us will be treated by Us in all respects as non-propriety and non-confidential in nature. You also acknowledge and consent that any submissions of suggestions, ideas and the like by you will not be returned, and that we may use your submission(s), and any suggestions, ideas, concepts, or know-how without the payment of money royalties or any other form of consideration, for any purpose, including without limitation, developing, manufacturing, distributing and marketing Our products. You hereby agree to indemnify Us for all claims, losses and damages arising from or in connection with your inquiry, feedback, suggestions, ideas and/or any and all submissions to Us.
7. DISCLAIMER AND LIMITATION OF LIABILITY
ALL VISITORS TO OUR SITE AGREE THAT THEIR USE OF, AND RELIANCE ON ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH OUR SITE IS AT THEIR OWN,SOLE AND FULLY-KNOWN RISK. OUR SITE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS, TACIT OR IMPLIED. WITHOUT ANY LIMITATION OF THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE (INCLUDING OUR AFFILIATES, PARTNERS SPONSORS, LICENSORS AND THEIR RESPECTIVE OFFICERS AND EMPLOYEES) SPECIFICALLY AND EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, TACIT OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES RELATING TO OR CONCERNING AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS OR USEFULNESS OF THE CONTENT ON OUR SITE; ANY WARRANTIES OF TITLE, WARRANTIES OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES IMPLIED BY ANY COURSE OF CONDUCT, PERFORMANCE, USAGE OR TRADE, EXCEPT AS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT EXCLUDABLE BY OPERATION OF APPLICABLE LAW.
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE ARE NOT RESPONSIBLE OR LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), UNDER OR PURSUANT TO ANY LEGAL THEORY OR OTHERWISE, AND/OR UNDER ANY FORSEEABLE FACTUAL AND LEGAL CIRCUMSTANCES, FOR ANY INTERRUPTION OF BUSINESS; ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; LOSS, DAMAGE OR INJURY OF ANY SORT, KIND OR TYPE INCURRED AS A RESULT OF ANY CONTACT WITH OUR SITE OR ITS CONTENTS; COMPUTER VIRUSES, COMMUNICATION FAILURES; SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF OR ACCESS TO OUR SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; ANY FAILURE OF PERFORMANCE, INACCURACIES, ERRORS, DELETIONS, DEFECTS, OMISSIONS, INTERRUPTIONS OR OMISSIONS IN CONTENT AND/OR TRANSMISSION, THEFT OR DESTRUCTION OF RECORDS, INFORMATION OR DATA; AND ALL EVENTS BEYOND OUR CONTROL.
WE DO NOT WARRANT, GUARANTEE OR REPRESENT THAT ANY PORTION OF THE SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES, OR ANYTHING ELSE WHICH MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR THAT YOUR ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. WE DO NOT MAKE ANY WARRANTIES, GUARANTEES OR REPRESENTATIONS RELATING TO OR REGARDING THE USE OR RESULTS OF THE USE OF OUR SITE, AND/OR THE PRODUCTS, COSMETICS, SERVICES AND MATERIALS AVAILABLE TO YOU ON THE SITE. YOU (AND NOT US OR ANY OF OUR AFFILIATES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR AND/OR CORRECTION.
BECAUSE WE DO NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF ANY PERSON SUBSCRIBING TO, USING, VISITING OR CREATING AN ACCOUNT ON OUR SITE, WE THEREFORE DECLINE AND EXPRESSLY DISCLAIM HEREIN ANY AND ALL LIABLITY WHATSOEVER FOR INDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION WHILE USING OR VISITING OUR SITE.
FURTHER, TO THE FULLEST AND MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, SPECIAL, NON-ECONOMIC, ECONOMIC, GENERAL, PUNITIVE, LOSS OF OPPORTUNITY, DELAY, INCIDENTAL AND/OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO OR IN CONNECTION WITH YOUR ACCESS TO, USE OF OR VISITATION TO OUR SITE, REGARDLESS OF THE FORM, SUBSTANCE OR GRAVAMEN OF ANY CLAIM OR CAUSE OF ACTION ALLEGED. IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL OUR MAXIMUM AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNT OF ONE HUNDRED UNITED STATES DOLLARS ($100.00). YOU ALSO AGREE THAT NO CLAIMS, DEMANDS, AND CAUSES OF ACTION OR SUITS ARISING OUT OF, RELATED TO, PERTAINING TO, OR IN CONNECTION WITH YOUR USE OF OUR SITE, OUR COSMETICS, PRODUCTS, AND SERVICES, AND/OR THESE TERMS & CONDITIONS, MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE ACCRUAL OF ANY CAUSE OF ACTION, CLAIM, DEMAND OR ACTION AS DETERMINED BY APPLICABLE LAW.
IN FULL COMPLIANCE WITH THE CALIFORNIA SAFE DRINKING WATER AND TOXICITY ENFORCEMENT ACT OF 1986 (COMMONLY KNOWN AS “PROPOSITION 65”), WE DO NOT KNOWINGLY OR INTENTIONALLY USE, DISCHARGE OR RELEASE INTO OUR PRODUCTS (AND THE PACKAGING MATERIALS CONTAINING OUR PRODUCTS), ANY OF THE CHEMICALS KNOWN IN THE STATE OF CALIFORNIA OR ANY OTHER STATE TO CAUSE OR CONTIBUTE TO CANCER OR REPRODUCTIVE TOXICITY, NOR DO WE KNOWINGLY OR INTENTIONALLY EXPOSE ANYONE (INCLUDING OUR STAFF AND EMPLOYEES) TO ANY CHEMNICALS WHICH ARE KNOWN TO CAUSE CANCER OR REPRODUCTIVE TOXICITY IN ANY OF OUR PRODUCTS (AND THE PACKAGING MATERIALS CONTAINING OUR PRODUCTS).
You agree to defend, indemnify and hold Us harmless for and against any and all loss, claims, demands, costs and expenses, including attorneys’ fees, together with our parent companies, subsidiaries, and affiliates, and each of their respective officers, directors, agents, servants, employees, contractors and suppliers, resulting from, related to, or arising in any way from or in connection with your use of Our Site, or any cosmetics, products and services available through Our Site, or alleged breach of these Terms & Conditions. You also agree to indemnify Us for and against any and all loss, claims, damages, costs and expenses, including attorneys’ fees, resulting from or related to your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you may take which imposes an unreasonable burden or load upon Our infrastructure or software. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree herein to assist and cooperate fully with Us in asserting and proving any and all available legal defenses.
As set forth in these Terms & Conditions, We may suspend or terminate your access to Our Site, delete your profile and any content and/or information that you have provided us or posted to the Site, and/or prohibit you from using or otherwise accessing the Site or any portion, aspect or feature thereof for any reason, or for no reason, at any time in our sole discretion, with or without any notice to you, effective immediately, which may result in the forfeiture and destruction of all or a portion of information associated with you and your activities in connection with Our Site.
Any fees which you may have paid to use or access Our Site are non-refundable. In the event of such termination, you will still be bound by your obligations under these Term & Conditions, including any representations and warranties made by you to Us, and including Our disclaimers and limitation of liability set forth in these Term & Conditions. In addition, we are not liable to you or to any third party for any termination of your access to Our Site.
10. ARBITRATION OF DISPUTES AND APPLICABLE LAW
We control and operate Our Site from our offices which are located in the State of California, United States of America. While visitors may access Our Site online from all parts of the world, all visitors and users of Our Site acknowledge and consent by virtue of their access or use of Our Site, that all rights, obligations, duties, and all activities available on and through Our Site are governed exclusively by the laws of the State of California, as if these Terms & Conditions were a written contract wholly entered into and wholly performed within the State of California.
We do not represent or warrant that materials on the Site are appropriate or available for use in other locations. Persons who may visit, access or use Our Site from locations other than the State of California, do so on their own initiative and at their own risk, and remain solely responsible for their compliance with any and all applicable local laws.
Any and all disputes which may arise or result from your visit to, access to, and/or use of Our Site shall be submitted first to mediation, and then if the matter is not resolved at mediation, to arbitration in the State of California, County of San Diego, and you hereby consent to the jurisdiction and proceedings thereof, with the exception that if you have in any manner violated or threatened to violate Our intellectual property rights or those of Our affiliates, subsidiaries, partners or licensors, or you otherwise pursue a cause of action based in equity against Us, we may seek injunctive or other appropriate relief in any court of competent jurisdiction, and you consent to the jurisdiction and venue of such actions in the State of California, County of San Diego.
This provision of these Terms & Conditions does not constitute a waiver or relinquishment of any kind by Us of the disclaimers and limitation of liability, or any part thereof, set forth in these Terms & Conditions, and shall not be deemed or interpreted as such for any purpose.
Mediation and/or arbitration under and pursuant to this agreement shall be conducted under and pursuant to the Consumer-Related Disputes Rules of the American Arbitration Association which are or may be in effect at the time a claim or demand for mediation/arbitration is made. Mediation and if necessary, arbitration, shall be conducted by and through the American Arbitration Association located in or nearest to San Diego, California by a neutral, single mediator and if necessary, by a neutral, single arbitrator to whom you and We shall agree. The arbitrator’s award in any such dispute shall be binding and may be entered as a judgment in any court of competent jurisdiction, but shall not in any respect exceed the limitation of Our liability set forth in these Terms & Conditions. To the fullest extent permitted by applicable law, no mediation and/or arbitration under or pursuant to these Terms & Conditions shall be joined to a mediation or arbitration involving any other party who is subject to these Terms & Conditions, whether through class-action litigation or arbitration, or otherwise.
11. COMPLETE AGREEMENT; SEVERABILITY
You acknowledge and agree that these Terms & Conditions constitute the sole, complete and exclusive agreement between us concerning your access to and use of Our Site, and that they supersede and govern all prior proposals, agreements and/or other communications between us.
We reserve the right, in our sole discretion, to change, alter amend or revise these Terms & Conditions at any time, by posting notice of such change on Our Site. Any changes are effective immediately upon posting to the Site. Your continued use of Our Site following any changes to these Terms & Conditions constitutes your agreement and consent in full to all such changes.
Nothing in these Terms & Conditions shall be construed or interpreted as creating any agency, partnership, or other form of joint enterprise or legal relationship between us. Any failure by Us to require your performance of any provision hereof shall not affect our right to require such performance by you at any time thereafter, nor shall a waiver or breach of any provision hereof by Us be held, understood, or considered to be a waiver of the provision itself, or a waiver of any other provision of these Terms & Conditions for any purpose.
In the event that any portion of these Terms & Conditions shall be held to be unenforceable or invalid under any applicable law, or be so held by any applicable arbitration award or decision by a court of competent jurisdiction, such unenforceability or invalidity shall not render the remaining portions of these Terms & Conditions unenforceable or invalid, and any unenforceable or invalid provision herein shall be severed from these Terms & Conditions, and the remainder of these Terms & Conditions shall, for all purposes, remain in force and effect .
Unless otherwise specified in these Terms & Conditions, all notices pursuant to these Terms & Conditions shall be in writing and shall be deemed to have been duly received by you when they are sent to you from Us by electronic notification, email, or are otherwise posted on this Site, on the day of such transmission or posting.
Please feel free to contact Us via one of the methods described in our Contact Us page, or send a letter to Us at Eckstein Biokosmetik, USA, Inc., 5910 Sea Lion Place, Ste. 100, Carlsbad, CA 92010, USA.
These Terms & Conditions are effective as of January, 2015.