Terms & Conditions (archived copy Oct 2020)

INTRODUCTION

PLEASE READ THE FOLLOWING CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS. BY USING THIS WEBSITE YOU AGREE TO THESE TERMS & CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS & CONDITIONS, YOU SHOULD STOP USING THE WEBSITE. THESE TERMS & CONDITIONS CONTAIN AN AGREEMENT TO ARBITRATE THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY OR ANY OTHER COURT PROCEEDINGS OR CLASS ACTIONS OF ANY KIND.

ORDER PROCESSING

Orders are processed and shipped on business days only Monday through Friday, excluding major holidays. Most orders are processed within 1-2 business days (processing time does not include weekends and holidays). Orders placed on Saturday and Sunday will be processed the following Monday. All purchases are subject to bank authorization prior to processing. Only authorized purchases may be processed and shipped. Orders being sent to a P.O. Box or Military APO/FPO addresses must be shipped via the United States Postal Service.

ORDER STATUS

When you place an order with SPA SCIENCES, you will receive an order confirmation via email. If you establish an account with us, you can track the status of your orders online. If you do not have an account set up with us but have questions concerning your order, please contact Customer Service during business hours by using our contact form. Be sure to include your order number in the subject of your email or when leaving a voice message. If you have any other questions about your order, please contact Customer Service as indicated above. Once your order is shipped, your tracking number will be emailed to you (Note: Some carriers may not provide tracking information for up to 24 business hours after the order is shipped).

OUT OF STOCK AND BACKORDERS

If an item selected is temporarily out of stock at the time of your order, you will be notified via email and advised of the expected ship date of the backordered item. Backordered items are shipped as soon as they are available. If there are other items in your order that are in stock, they will be shipped to you. You will not be charged for any item unless it is shipped. If for any reason you wish to cancel a backordered item, please contact Customer Service during business hours by using our contact form. Include your order number in the subject of your email. We will be happy to assist you.

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ORDER CANCELLATIONS

If you would like to cancel an online order after it has been placed, please contact Customer Service as soon as possible by using our contact form. Include your order number in the subject of your email or when leaving a voice message. We will do our best to accommodate your request.

If your order is processed and ships before it’s cancelled, we will accept the return and issue a refund but there will be a service fee charged. Cancelled orders shipped to a U.S. address will incur a $15 service fee. Cancelled orders shipped outside the U.S. will incur a $30 service fee. This service fee will be deducted from the order refund amount.

Occasionally, orders or parts of an order are cancelled by our system for various reasons. Some reasons include:

  • Item(s) not available.
  • Difficulty in processing payment information.
  • Cannot ship to the address provided.
  • A duplicate order was placed.
  • Cancelled due to customer request.

If your order is cancelled, you will receive an email notice to explain the reason for the cancellation. You will not be billed for any cancelled items. If you are interested in placing a new order or if you have questions about a cancelled order, please contact Customer Service as soon as possible by using our contact form. Include your order number in the subject of your email.

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INTERNATIONAL SHIPPING AND DELIVERY

We are proud to offer shipping via the United States Postal Service to more than 100 different countries. Delivery times may vary depending on the destination. Please be advised that tracking information is not available on international shipments. Shipments will normally be made within 2 business days after receipt of a purchase order by 1:00 PM Eastern Standard Time. It is the customer’s responsibility to provide accurate and complete shipping information. Failure to provide accurate and complete shipping information could potentially cause an item to be returned. Items returned for this reason will not be eligible for a refund. Items reshipped for this reason may incur additional shipping fees.

A shipping and handling charge of US$19.99 will be applied to orders up to US$100. Orders that exceed US$100 will ship FREE via standard delivery Monday through Friday. Some purchases for delivery to international destinations in certain countries may potentially be lost in transit and/or experience delivery times that may exceed our original delivery estimation. USPS does not guarantee delivery in Ukraine, Italy, Portugal, Colombia, Mexico, Peru, Turkey, Cyprus, and the countries of the Middle East. Therefore, we apologize as refunds or replacement packages will not be issued for purchases which are lost in transit. We highly advise to take this into consideration before purchasing.

Orders for international delivery may be subject to VAT and duty once the order reaches your country. It is the customer’s responsibility if these types of charges are applied. If incurred, VAT and duty must be paid before your package will clear customs. We cannot make adjustments to your order to avoid these charges. When customs clearance procedures are required, this can cause delays beyond our original delivery estimates. Orders refused for delivery due to failure and/or refusal to pay VAT or duty charges are not eligible for a refund.

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RETURNS AND REFUNDS

Please note we are not accepting refunds/exchanges for any items due to sanitary reasons.  If your product is defective - mail in the defective item to our address below and we will replace it with a working device with proof of purchase.   

Spa Sciences

646 SW Port St Lucie Blvd.

Port St Lucie, FL 34953 

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    RESHIPPING CHARGES

    Be sure to provide us with a complete shipping address, including postal code. We cannot be responsible for customers entering incomplete or incorrect shipping addresses. Packages returned for this reason will not be eligible for a refund and may incur a separate reshipping fee to have the packaged shipped to you a second time.

    Please contact Customer Service for reshipping charge via our Contact form.

    ROUTE INSURANCE

    ROUTE Lost Items Policies

    Delivered but missing package

    At our discretion, Route requires a police report when the customer’s package is marked as delivered.

    1. Customer files the police report and includes an explanation that Route is a package protection company that has protected the customer’s package that has been stolen. To process the claim with Route, Route is requiring a police report.
    2. Send Route the police report PDF & number in the claim.

    Upon request, Route can require additional documentation (e.g. proof of identity, address, etc.).

    Note: Depending upon the jurisdiction, a false police report may be charged as a misdemeanor or a felony

    Invalid address or delivery barriers

    • Sometimes carriers cannot deliver the customer’s package due to an invalid address or other unexpected delivery barriers. At this point, the carrier might return the package to the sender/retailer. The customer’s package is not actually lost, thus Route does not cover this. In instances where the item is being returned to the sender and is reusable, customers will be referred to the retailer.

    Only part of the order delivered

    • If the customer ordered several items in one package but only part of the order arrived and there is no evidence of tampering, Route does not cover the claim. The customer will be referred to the retailer. 
    • If a single order is being shipped in multiple packages and one package does not arrive, Route will cover the claim and reorder or refund the value of the undelivered package.

    • If the retailer forgets to ship an item from the customer’s order, the customer needs to reach out to the retailer to have the missing items fulfilled.

    Packages labeled "return to sender"

    • Route does not cover packages labeled return to sender because the order has been sent back to the retailer. Items are returned to sender when a customer provides an invalid or undeliverable address or refuses a delivery. 
    • At our discretion, we may cover the claim if the returned item is perishable or if the retailer is unable to reuse it.
    • Route covers the customer’s order if the package gets lost in-transit back to the sender.

    Order stuck in customs

    • Route cannot cover when a customer’s order is stuck in international borders/customs.
    • The customer’s next step is to pay the customs fees in order to receive the package.
    • If Route replaces something the customer has already paid customs on, under Route’s discretion, Route can approve and pay customs the second time.

    Order marked as unfulfilled or unshipped

    • If the customer’s order is marked as unfulfilled or unshipped, the order hasn’t been fulfilled yet by the retailer (retailer could be low on inventory of the items, internal delays with the fulfillment center, etc.).

    • Route does not control how quickly the retailer ships the customer’s order. Route+ package protection is not yet in action because the order has not shipped.

    Claim filed too soon

    • If the customer is filing a claim the same day that the package was marked as delivered, at our discretion Route may ask you to wait 5 business days. Carriers (FedEx, USPS, UPS, DHL, etc.) sometimes prematurely mark the package as delivered when it’s still in transit.

    ROUTE Stolen Items Policies

    Filing a police report

    • On orders over $100, Route requires evidence of the police report OR video evidence of the customer’s package being stolen. 
    • Customer files the police report and includes an explanation that Route is a package protection company that has protected the customer’s package that has been stolen. To process the claim with Route, Route is requiring a police report. Once filed, the customer sends Route the police report PDF & number in the claim.
    • Upon request, Route can require additional documentation (e.g. proof of identity, address, etc.).

    Delivered to wrong address

    • If the customer input the correct address at checkout and the package was delivered to the wrong address, Route considers this as stolen and we will replace the order on behalf of the customer.

    ROUTE Damaged Items Policies

    Broken items

    • If the customer received a broken item and needs to dispose of it (i.e. shattered glass), the customer needs to check their city ordinances and dispose of it properly.
    • The customer does not need to ship it back to the retailer (unless the retailer indicates otherwise).

    Damaged items

    • A damaged item is considered to be a broken product that is unusable, clearly fractured, shattered, bent (if not bendable), crushed, etc.

    • Route does not cover cosmetic damage (scratches, dents, etc.), packaging errors, or unsealed items. At our discretion, we may offer a 15-30% refund depending on the severity of the cosmetic damage.

    • Route requires further evidence of the customer’s damaged item (i.e. more photos, videos, etc.).

    Out of stock

    • Route doesn’t have visibility to the retailer’s inventory or when they will have the customer’s item back in stock.
    • Route can offer the customer a refund for the item that is out of stock. The customer can always use that refund to order the item when it’s back in stock.

    ROUTE General Policies

    Input wrong address

    • If the customer entered the wrong address at the time of order, Route does not cover this.
    • The customer needs to reach out to the retailer to remedy the incorrect address.

    Quality control

    • If the customer is unsatisfied with their product, Route is not a product replacement plan and the claim cannot be approved.

    • The customer needs to reach out to the retailer. This request may be covered under the retailer’s return policy.

    Too late to file

    • Route can action a claim that is filed within the bounds of our domestic/international timeline policy. If a claim is filed outside of this timeline, Route will deny the claim according to these policies:
      • Claims for packages marked "delivered must be filed after 5 days and before 15 days from the date the package was marked "delivered."
      • Claims for packages presumed to be lost (where the status is not "delivered") in US Domestic or Canada must be filed after 7 days (20 for other international countries) and within 30 days from the last checkpoint.

    Expedited shipping hasn't arrived 

    • If the customer’s package is delayed for whatever reason, Route will not cover it.
    • Carriers update their website with expected delays due to inclement weather or other barriers to expected delivery.
    • If the customer paid for expedited shipping but the package arrives outside of the expected window, Route will not cover it.

    Payment installment companies

    • For payment installments (Sezzle, Afterpay, etc.), it is the customer’s responsibility to pay the payment installment company directly.
    • Once Route refunds the customer for their order, the customer must pay their installments to the payment installment company directly.

    No tracking information

    • Route reserves the right to deny claims where no tracking number/information is available. In these instances, Route will reach out to the retailer to see if one can be provided.

    Non-sanctioned shipping address

    • Route is based in the United States of America. Due to shipping policies in the US, Route will not cover claims for items shipped to countries that are not sanctioned by the US. List available here

    Closed claim

    • If a customer does not respond within 5 days, Route will automatically close the claim. Customers can open the claim back up by responding to the original thread.

    Didn't want Route

    • If the customer’s package has not shipped, Route can refund the Route premium.
    • If the item has shipped, Route is already protecting the package and cannot refund the customer.

    Checkout requires ID verification

    • Route doesn’t upload our employee’s proof of ID to replace the customer’s order.
    • If the customer ordered from a store that requires the extra ID verification step, Route can offer the customer a refund instead to protect each party’s identity.

    For more info regarding ROUTE policies, please visit ROUTE Help Page.

     

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    PAYMENT OPTIONS

    SPA SCIENCES accept the following methods of payment: American Express, Visa, Mastercard, Discover, Amazon Pay, and PayPal. We do NOT accept the following methods of payment: CODs, personal checks or money orders. We reserve the right to refuse any order that does not meet these criteria. To use PayPal, you will need to enter a U.S. postal or zip code where indicated in the checkout process. If you do not have one, you can enter any five-digit number and you will be transferred to PayPal’s website to complete your purchase.

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    BILLING

    You will be charged for your order at the time of purchase. Occasionally, orders or parts of an order are cancelled by our system for various reasons. Refer to the Order Cancellations section for more information. If your order is cancelled in whole or part, the full amount of the cancelled order or cancelled part of an order will be credited back to the method of payment you used to place your original order. If you need any assistance with billing questions, please contact Customer Service during business hours please by using our contact form. Include your order number in the subject of your email.

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    SALES TAX

    In the United States, SPA SCIENCES is required to collect applicable state and local sales tax on taxable products shipped to destinations in certain states. In general, the particular products we sell are subject to sales tax.

    Currently, we are required to collect sales tax on taxable merchandise shipped to destinations in the States of: Arkansas, California, Colorado, Florida, Georgia, Illinois, Indiana, Iowa, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, Nevada, North Carolina, Oklahoma, Pennsylvania, Tennessee, Virginia and Wisconsin. We are not required to charge and collect sales tax on purchases shipped to destinations inside other states or internationally. The law in this area is rapidly changing and the states we are required to collect sales tax is subject to change.

    Some state taxing authorities require the taxable amount to include any shipping and handling charges, while others charge sales tax on the merchandise purchased only. The applicable tax is separately stated and added to your purchase at the shopping cart for registered guests and at the checkout for unregistered guests.

    Special rules apply to purchases made with online e-vouchers issued by Internet-based deal-of-the-day websites such as Groupon and Living Social which may offer vouchers or coupons for sale on their website redeemable for specific products on our website. In general, the customer is not charged sales tax on the purchase of the e-voucher but sales tax may be charged and collected by us when the voucher is redeemed depending on whether the particular product is subject to sales tax and whether or not we have a collection obligation in the state to which the product is shipped.

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    PROMOTIONS / COUPONS / E-VOUCHERS

    Periodically, SPA SCIENCES offer promotions in the form of coupons good for trade discounts on our website. The coupon contains a list of numbers and/or letters which are entered in a box marked “Discount Codes” on the Shopping Cart page during the checkout process. To redeem a discount coupon, enter the coupon code you received in the text box marked “Discount Codes” on the Shopping Cart page during the checkout process. Then click on “Apply Coupon.” A text block will appear at the top of the page confirming the coupon has been accepted. That's all there is to it.

    Coupon codes are not case sensitive. When dashes ("-") appear in the coupon code they must be used. Some coupon codes are alpha-numeric, meaning they include a combination of letters and numbers. Only one coupon code may be used per online purchase. Coupon code discounts are not applied to charges for shipping. A fixed amount discount (as distinguished from a percentage discount) which is greater than the selling price of the product or products being purchased will be applied up to the amount of the purchase price only and any excess may not be carried forward to a subsequent purchase. If you are having trouble with your coupon code being accepted, please be sure you are not entering the letter "o" or "O" for the number "0" or vice versa. If your coupon code is not accepted and you think that it should be, please contact Customer Service during business hours by using our contact form. Coupon codes are limited to 3 of the same item per household. Orders containing more than the allowed quantity are subject to be cancelled/refunded without notice.

    Internet-based companies such as Groupon and Living Social periodically offer deal-of-the-day vouchers or coupons (e-Vouchers) for sale on their website redeemable for specific products on our website at a discount. Purchases of products made with e-Vouchers are subject to replacement for defects in materials or workmanship but not refunds.

    SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

    Spa Sciences (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

    User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.

    User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

    Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

    YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

    Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.

    Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

    Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at michael@spasciences.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

    MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

    Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.

    Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

    Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

    Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

    • Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
    • Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
    • Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
    • Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
    • Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
    • Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

    Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Port St Lucie, Florida before one arbitrator.

    The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Spa Sciences’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

    Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

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    MAXIMUM PURCHASE POLICY

    We reserve the right to limit orders to no more than three (3) units of any item with a maximum single purchase of $350 per customer.

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    CUSTOMER SERVICE

    For information relating to orders placed with spa-sciences.com (e.g., order processing, shipping and handling, returns and exchanges), please contact Customer Service during business hours by using our contact form. Be sure to include your order number in the subject of your email or when leaving a voice message. We are happy to assist you.

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    WARRANTY

    Spa Sciences beauty devices include a 1-year limited warranty relating to defects found in the material and/or workmanship as listed in the instruction booklet that comes with your device. Please consult the instruction booklet for the terms, conditions and limitations of warranty.

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    SECURITY AND PRIVACY

    You can shop at Spa-Sciences.com with confidence. We have partnered with Stripe, one of the most trusted names in the payment industry that accepts credit cards and electronic check payments safely and securely for our customers. The Stripe Payment Gateway manages the complex routing of sensitive customer information through the electronic check and credit card processing networks. The company adheres to strict industry standards for payment processing, including:

    • 256-bit Secure Sockets Layer (SSL) technology for secure Internet Protocol (IP) transactions in the Checkout.
    • Industry leading encryption hardware and software methods and security protocols to protect customer information.
    • Compliance with the Payment Card Industry Data Security Standard (PCI DSS).

    For additional information regarding the privacy of your sensitive cardholder data, please read the Stripe Privacy Policy.

    You can further help to ensure your security by taking a few simple precautions. For instance, you should always protect against unauthorized access of your SPA SCIENCES user name/password and your computer. You should also make sure to sign off when finished using a shared computer. If you have any questions about security on our website, please contact Customer Service during business hours by using our contact form. We will be happy to assist you.

    Your privacy is very important to us. Click here to view our complete Privacy Policy.

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    TERMS OF USE AND SALE

    The Terms and Conditions set forth in this document apply to your use of this website and to your purchase of products sold by internet by SPA SCIENCES, including its affiliates. By accessing, browsing or using this website, you acknowledge that you have read, understood and agreed to be bound by the terms and conditions set forth in this document. By placing your order for a product, you accept and are bound to the terms and conditions of sale set forth in this document. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY! THEY CONTAIN VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS. THESE TERMS AND CONDITIONS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT ORDER/KEEP YOUR PRODUCT. If you have placed an order but do not wish to be subject to the terms and conditions set forth in this document, you must promptly cancel your order, or return your purchase in accordance with SPA SCIENCES's Guaranty and Return Policy.

    The Site and all information and material contained on the Site or made available through the Site are provided on an “as is” and “as available” basis. SPA SCIENCES does not guarantee the Site and the material and information contained on the Site will be without error or defect. You agree that you take full responsibility for your use of the Site.

    TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SPA SCIENCES DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL SPA SCIENCES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF OR PERTAINING TO THE PURCHASE OR USE OF ANY PRODUCT OR THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF SPA SCIENCES OR A SPA SCIENCES AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

    SPA SCIENCES DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING, BUT NOT LIMITED TO, ANY LIABILITY FOR PRODUCT NOT BEING AVAILABLE FOR USE, LOST PROFITS, LOSS OF BUSINESS OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SPA SCIENCES WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, SPA SCIENCES IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT INVOICED FOR THE APPLICABLE PRODUCT. SOME JURISDICTIONS MAY NOT ENFORCE ALL OF THESE LIMITATIONS, AND ONLY THE LIMITATIONS THAT ARE LAWFULLY APPLIED TO YOU IN YOUR JURISDICTION WILL APPLY.

    You agree that any claim relating to this website and the materials contained on the website and related to your access and use of the website will be governed by the laws of the State of Florida without regard to Florida’s conflicts of laws principles. THE PARTIES FURTHER AGREE THAT THIS AGREEMENT, ANY SALES THEREUNDER, OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND SPA SCIENCES arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement, SPA SCIENCES's advertising, or any related purchase SHALL BE GOVERNED BY THE LAWS OF THE STATE OF FLORIDA, WITHOUT REGARD TO CONFLICTS OF LAW. You agree to submit to the personal and exclusive jurisdiction of the courts located within St. Lucie County, Florida, United States.

    Dispute Resolution and Binding Arbitration. YOU AND SPA SCIENCES ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

    ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND SPA SCIENCES, its agents, employees, principals, successors, assigns, affiliates (collectively for purposes of this paragraph, "SPA SCIENCES") arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), SPA SCIENCES's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) or JAMS such arbitration to take place solely in St. Lucie County, Florida. Arbitration proceedings shall be governed by this provision and the applicable procedures of the selected arbitration administrator, including any applicable procedures for consumer-related disputes, in effect at the time the claim is filed. Consumer claimants (individuals whose transaction is intended for personal, family, or household use) may elect to pursue their claims in small-claims court rather than arbitration. The arbitration or small-claims court proceeding will be limited solely to the individual dispute or controversy between customer and SPA SCIENCES.

    You agree to an arbitration on an individual basis. In any dispute, NEITHER CUSTOMER NOR SPA SCIENCES SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration).

    The arbitrator shall be empowered to grant whatever relief would be available in court under law or in equity. This transaction shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA). Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. SPA SCIENCES will be responsible for paying any individual consumer's arbitration fees. If you prevail on any claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law. For information on AAA or JAMS, contact the following: American Arbitration Association, (800) 778-7879, www.adr.org; JAMS, (800) 352-5267, www.jamsadr.com.

    SPA SCIENCES may at any time revise these Terms and Conditions by updating this posting. By using the Site, you agree to be bound by any such revisions and should, therefore, periodically visit this page to determine the then current Terms of Use and Sale to which you are bound.

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    SPOKESPERSON DISCLOSURE STATEMENT

    SPA SCIENCES may enter into arrangements with third parties who receive complimentary products and/or compensation in exchange for reviewing, promoting and/or sharing their experiences, beliefs, findings or opinions regarding SPA SCIENCES products in all forms of media, including this website. The experiences shared and views expressed by the third parties are their own. If you have questions about a particular endorsement or testimonial, please contact Customer Service by using our contact form.

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    NOTICE FOR CALIFORNIA RESIDENTS

    Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The name and address of the provider of this website may be found in next section Company Address. No charges are imposed and no purchase is necessary for the use of this website other than the purchase price and applicable sales tax and shipping of products you determine to purchase. If you have a question or complaint regarding this website, you may contact us at Customer Service by using our contact form. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.


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    COMPANY ADDRESS

    Address: Spa Sciences, Corporate Headquarters, 646 SW Port St Lucie Blvd, Port St Lucie, FL 34953

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