THIS AGREEMENT is made between YOU ("you" or "the Representative") and Southeast Aesthetic LTD, (herein referred to as NEW SPA). It comes into force at the moment when you check the box, to confirm that you have read, understood and accepted the terms of it.
1. ELIGIBILITY. The Representative must be over eighteen years of age and must ensure that his/her details, as provided to NEW SPA are correct, complete and up to date. For business entities W-2 and sales tax certificate is required* (*for Florida residents only).
2. REPRESENTATIVE DISCOUNT. The Representative is entitled to a discount on NEW SPA recommended retail prices for its products. Details of the discount structure will be provided for each individual product.
3. ORDERING PRODUCTS. The Representative's orders for NEW SPA products must be placed in advance to provide the effective fulfillment of this agreement. The order handling time - 2-4 days Product prices - according to discount given Shipping rates - paid by Representative Shipping carrier USPS Parcel Post or Priority. NEW SPA will confirm receipt of orders submitted by the Representative issuing an invoice that would include the total amount due, including the shipping cost. a) NEW SPA takes care to ensure that retail prices shown on its website are accurate. However retail prices may change from time to time and the correct discounted price will be applied according to that. b) All orders for NEW SPA products are subject to availability. In case the order can not be fulfilled in time due to the product shortage, NEW SPA will inform the representative and fulfill the order on the available quantity on full discount rate. c) Once payment has been accepted, your order will be processed within 48 hours from the date payment clears the bank. d) Customer will be notified via email or phone if delays in shipping occurs.
4.DELIVERY. a) We use USPS exclusively for delivery ensuring your products are delivered in timely manner and ready for immediate use. b) All orders are securely packaged so all products should arrive as they left – in perfect condition. Delivery costs are determined by amount of orders . All packages are sent insured with Delivery Confirmation service. c) If the package arrived damaged during the shipment or items for the package are missing, the representative is responsible to retain the damaged item with mailing container, including any wrapping, packaging, and any other contents and make sure that the carrier noted the condition of the package. NEW SPA should be notified immediately about such issue. The package may be requested to be presented at the Post Office, along with a copy of insurance claim summary from the online application submitted by NEW SPA.
5.RETURNS. a) If Representative is in any way dissatisfied with the products received, Representative may return the product, as long as the products are returned to us within 7 (seven) days after delivery date to Representative address, undamaged and in original packaging. c) The product needs to be sent to NEW SPA by any traceable shipping method and the postage cost and insurance will be borne by the returning party.
6. REFUNDS. The refunds are issued upon receipt of returned merchandise and its inspection within 2 business days.
7. WARRANTY. The warranty for NEW SPA products, sold by Representative to the Customers, are provided by NEW SPA to said Customers. Each NEW SPA product comes with a warranty card, that consists of warranty and contact information. The warranty term is stated in the products' manual under the chapter "Warranty". All returns and exchanges of the products sold by Representative to the Customers are held according to NEW SPA RETURN AND EXCHANGE POLICY. The warranty is void if the conditions of this agreement is not fulfilled as stated in Chapter 7.
8. ELECTRONIC COMMUNICATIONS. The Representative expressly authorizes NEW SPA to issue communications and invoices electronically and agrees that they will satisfy any legal requirements that such communications or invoices be in writing.
9. PAYMENT FOR PRODUCTS. NEW SPA's invoices are payable by the Representative within 3 days of the date on which they are issued. Details of payment methods accepted by NEW SPA can be found on the invoice issued. Ordered merchandise availability is guaranteed for a maximum 3 days. NEW SPA does not guarantee the availability of the product in case of late payment, unless prior arrangements have been made. Unpaid within 3 days orders are got cancelled.
10. INDEPENDENT REPRESENTATIVE. The Representative agrees not to portray him/herself as an employee or agent of NEW SPA or as having any legal authority to bind NEW SPA or to incur any liability on NEW SPA's behalf.
11. REPRESENTATIVE'S BUSINESS ACTIVITIES. The Representative is under no obligation to resell any of the products that he/she purchases from NEW SPA. However if the Representative does choose to resell NEW SPA products, he/she undertakes to act at all times in a professional and honest manner. NEW SPA products are for salon and retail sales only (includes representative own web sites) . The Representative would not be allowed to sell the product on commercial marketplaces such as Amazon, Ebay, IOffer and other online marketplaces without written permission from NEW SPA. The Representative will also be solely responsible for obtaining any necessary licensees or permits and for paying all liabilities associated with his/her business activities including but not limited to tax, social security, health and insurance liabilities.
12. ENFORCEABILITY. If any provision of this Representative Agreement shall be unlawful, void or for any reason unenforceable, the invalidity of that provision will not affect the validity and enforceability of the remaining provisions. The failure of NEW SPA to take any action in respect of a breach of any of the provisions of this Representative Agreement shall not constitute a waiver of their enforceability and NEW SPA at all times reserves its rights in respect of the provisions of this Representative Agreement.
13. TERMINATION. In addition to any statutory right which the Representative may have to withdraw from this Agreement, this Agreement may be terminated at any time by either party giving written notice of termination to the other party.
14. LANGUAGE. This Agreement has been drawn up in English.
15. GOVERNING LAW AND JURISDICTION. This Agreement shall be governed by and constructed in United States Law.
16. DISCLAIMER AND LIMITATION OF LIABILITY. All material in our catalogs, manuals and on website are provided to you "as is" and "as available". We do not warrant or guarantee the accuracy, adequacy or completeness of this material, and expressly disclaim liability for mistakes, misleading or absent information. b. To the maximum extent permissible by law and unless otherwise specified, we do not warrant, guarantee or make any representations and warranties of any kind, whether express, implied or statutory. c. All NEW SPA skin care devices are intended for cosmetic use only - which meant to improve the appearance of the skin. These product are not intended to diagnose, treat, cure or prevent any disease. d. To the maximum extent permitted by law, as the use of NEW SPA products is outside the control of NEW SPA, no warranty, expressed or implied, is made as to the effect(s) of such use, (including damage or injury), or the results obtained. Customers should always refer to the ingredients label/use manual on each product, and the application and storage instructions provided. The liability of NEW SPA is limited to the value of the goods and does not include any consequential loss. In no event will NEW SPA be liable for any incidental, consequential or indirect damages (including, but not limited to), damages for loss of profit, business interruption arising out of the use or inability to use our products and/or information, or as a result of a delay in providing our products and/or information.
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