Terms and Conditions
1. APPLICATION OF TERMS AND CONDITONS OF SALE
The following terms and conditions shall govern the sale by Biolab Aesthetics ("Seller") of orders for products and/or standard services (hereinafter "Product") sold to Customers located in Canada, unless Customer has signed a separate formal purchase agreement with Biolab Aesthetics. Certain additional terms may accompany the Product and shall apply. By using www.biolabaesthetics.com to make on-line purchases the Products, as defined herein, Customer agrees to be bound by and accepts these Terms and Conditions of Sale (referred to throughout as “Terms and Conditions”). Biolab Aesthetics reserves the right to add, delete or amend these Terms and Conditions without prior written notice at any time, at Biolab Aesthetics’ sole discretion.
2. QUOTES; ORDERS; PAYMENT TERMS
Subject to the terms contained in this section, any quotation provided by Biolab Aesthetics will be valid for the duration stated in the quotation. If no duration is stated, such quotation will be valid for 48 hours. Although Biolab Aesthetics strives to provide accurate product and pricing information, errors or misprints may occur. Notwithstanding anything contained in this section 2, in the event that a Product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Biolab Aesthetics shall have the right, at our sole discretion, to refuse or cancel any orders, or part of an order placed or subsequently processed by Biolab Aesthetics for that Product and terminate the purchase agreement without further liability. In the event that a Product is priced in error or a Product information error occurs, Biolab Aesthetics may, at our sole discretion, contact you for instructions, cancel your order and notify you of such cancellation, terminate the purchase agreement and/or correct the error on our web site. Payment shall be made by credit card or some other pre-arranged method of payment acceptable to Biolab Aesthetics. Where payment is made by credit card, such payment is subject to the approval of the financial institution issuing the credit card and Biolab Aesthetics shall not be liable in any way if such financial institution refuses to accept or honor the credit card for any reason. If Customer has requested and been approved for consumer financing, such financing will be provided through a third party financing service provider and Customer will be subject to the terms and conditions of such financing service provider.
3. PRODUCT AVAILABILITY
Product availability may be limited. Products ordered may not be available for immediate delivery. Biolab Aesthetics reserves the right, without liability or prior notice, to revise or cease to make available any or all Products. If there are any revisions to or cessation of Products, Biolab Aesthetics may, with Customer’s consent, ship Products which have similar functionality and specifications to the Products originally ordered. Customer will be given the opportunity to either reject or accept the substitute Product and price for the substitute Product which may differ from the price of the original Product.
4. PRICES, SHIPPING POLICY, HANDLING CHARGES AND APPLICABLE TAXES
Prices are subject to change without notice. Biolab Aesthetics will only ship to Canadian locations. Not withstanding any shipping terms contained herein or any promotional shipping terms, Biolab Aesthetics may be unable to ship to remote regions of the Canadian provinces or territories . Biolab Aesthetics reserves the right to refuse or cancel orders where Biolab Aesthetics has no commercially reasonable shipping option, and Biolab Aesthetics shall not be liable to the customer for cancellation of such orders. Biolab Aesthetics will attempt to contact the customer to advise of such order cancellation. Products shipped may not be re-routed by customer. Prices quoted do not include charges for shipping and handling, and applicable federal and provincial taxes. Separate charges for shipping and handling, if applicable will be shown separately on the invoice. Customer is responsible for all sales, use, goods and services, harmonized sales, and other taxes associated with the order. Unless Customer provides Biolab Aesthetics with a valid and correct tax exemption certificate applicable to the product ship-to location prior to Biolab Aesthetics’ acceptance of the order, the Customer is responsible for sales and all other taxes associated with the order, however designated, except taxes on Biolab Aesthetics’ net income. If applicable, a separate charge for taxes will be shown on Biolab Aesthetics invoice.
RESTRICTIONS
There will be additional shipping charges on orders that include HEAVY ITEMS.
Heavy and Excluded items list:
-Furniture
-Equipment
-Wax Cases
-Examination Papers
-All Products in Gallons
ADDITIONAL INFORMATION
-We only ship WITHIN Canada.
-Our service desk will contact you prior to shipping with detailed information, including quotes
-We guarantee the most economical rates we have available from our shipping couriers.
-Prices are subject to change without notice
HOW LONG WILL MY ORDER TAKE TO PROCESS?
All orders are processed between 24-48 hours of purchase. If orders are places on weekends or holidays they will be shipped the next available business day.
5. PRODUCTS
Biolab Aesthetics’ policy is one of on-going product update and revision. Biolab Aesthetics may revise and discontinue Products shown on our website at any time.
6. RETURN POLICIES
Please speak to one of our staff regarding return policy. ALL SKINCARE PRODUCTS ARE FINAL SALE.
7. EXCHANGES
From time to time, Biolab Aesthetics may, in its sole discretion, exchange Products or portions of a Product. Any exchanges will be made in accordance with Biolab Aesthetics’ exchange policies in effect on the date of the exchange.
8. LIMITATION OF LIABILITY
You expressly understand and agree that Biolab Aesthetics shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
In no event shall Biolab Aesthetics or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Biolab Aesthetics partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis without any warranty or condition, express, implied or statutory.
Biolab Aesthetics does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
Biolab Aesthetics does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
Biolab Aesthetics does not warrant that the quality of any products, services, information, or other Materials purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
9. EXCLUSION AND LIMITATION OF LIABILITY FOR ANY BREACH OF THESE TERMS AND CONDITIONS, USS'S SOLE AND EXCLUSIVE MAXIMUM LIABILITY SHALL NOT IN ANY EVENT EXCEED THE TOTAL PRICE OF THE PRODUCTS ORDERED BY CUSTOMER. IN NO EVENT WILL USS BE LIABLE TO CUSTOMER FOR CONSEQUENTIAL, INCIDENTIAL, SPECIAL DAMAGES OR ECONOMIC LOSS ARISING FROM ANY CLAIM OR ACTION, INCIDENTAL OR COLLATERAL TO, OR DIRECTLY OR INDIRECTLY RELATED TO THE PURCHASE OF THE PRODUCTS HEREUNDER, WHETHER SUCH CLAIM IS BASED IN CONTRACT, STATUTE, TORT, IMPLIED DUTIES OR OBLIGATIONS OR OTHER LEGAL THEORY. For the purposes of this Section 8, "USS" includes its employees, subcontractors, and suppliers.
10. GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be construed in accordance with the the laws of Canada applicable therein without regard to principles of conflict of law. Without limiting the foregoing, Customer and Biolab Aesthetics irrevocably and unconditionally: (a) agree that any suit, action, or other legal proceeding arising out of or relating to these Terms and Conditions or any transaction hereunder must be brought in (b) consents to the exclusive jurisdiction of such court in any such suit, action or proceeding ; (c) waives any objection to the laying of the venue of any such suit, action or proceeding in any such courts; and (d) waives any right that it may have to assert the defence of forum non-conveniens in any such suit, action or proceeding.