General Terms & Conditions of Service
These U.S. Legal Terms (“Terms”), as amended from time to time, govern your access and use of the U.S. online store webpage: www.JK7SkinCare.com that directly link to these Terms (“Site”), including, without limitation, any purchases you make via the Site. You enter into a binding contract under Honolulu, Hawaii law based on these terms JK7 SPA & WELLNESS LLC. if you access or use the Site, or purchase any products.
Governing Law and Choice of Forum
These Terms, and any disputes arising out of or relating to these Terms, shall be governed by the laws of the State of Hawaii, USA, without giving effect to its conflicts of law principles and excluding the U.N. Convention on the International Sale of Goods. All legal proceedings arising out of or in connection with these Terms shall be brought exclusively in the City of Honolulu, in the State of Hawaii, USA.
Disclaimers and Limitations
The site use and any purchase is “as is” and at your own risk. we make no express representations or warranties of any kind regarding the accuracy or completeness of information on this site or the condition, features or availability of products described or offered for sale on this site. Product descriptions and photos are for informational purposes only and may not completely match the products, we disclaim all implied warranties and representations, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Your sole and exclusive remedy for any dissatisfaction, defects, errors or problems regarding (a) the site shall be that you leave the site, and (b) any products that you purchase or attempt to purchase via the site shall be as expressly set forth in our cancellation, return and credit policies.
Our Liability shall be Limited
JK7 SPA & WELLNESS LLC USA shall not be liable for any indirect, incidental, special or consequential damages, loss of data, profits, or revenue, or cost of cover, or any similar or other damages arising from the use of the site or the purchase of any product. the previously mentioned limitations of liability shall apply to any loss or damages, however caused and regardless of the theory of liability, whether derived from contract, tort (including, but not limited to, strict liability and negligence), or any other legal theory, even if JK7 SPA & WELLNESS LLC was advised of the possibility of such damages and regardless of whether any of the limited remedies hereunder fail of their essential purpose.
If the foregoing limitations are held inapplicable or unenforceable for any reason, then the maximum liability of JK7 SPA & WELLNESS LLC to you for any type of damages resulting from your purchase of a product shall be limited to the greater of the actual amount paid by you for any products offered on the site or US$150.00 (one hundred and fifty dollars).
Except for payment obligations, non-performance or late performance of either party shall be excused to the extent that performance is rendered impossible, commercially unreasonable, or delayed by strike, fire, flood, hurricane, earthquake, governmental acts or orders or restrictions, war, acts of terrorism, labor conditions, supply restrictions, communication or shipment problems, or any other reason where failure to perform is beyond the reasonable control of the non-performing or late-performing party whether or not similar to the foregoing.
Access and Use
Property rights. We own or license the server and software on which the Site is hosted, all photos, text, videos and other content displayed on the Site, and all trademarks, logos, product names and other marks as set forth in JK7 SPA & WELLNESS LLC© and we reserve our rights to exclude you from any access and use, except as expressly set forth herein.
We grant you a limited, revocable (at any time, at our sole discretion), non-exclusive, non-transferable, non-sublicensable, royalty-free license to access the Site via general purpose Internet browser software for purposes of learning about the products for private purpose purchases on the condition that you comply with these Terms, which constitute license limitations and conditions as well as contractual covenants. We do not authorize any other access, use or copying of the Site or any content of the Site, including, without limiting the generality of the foregoing, deep-linking, spidering, crawling, adaptation, or reproduction of the Site or any portions thereof.
If you, at your sole discretion, submit any information or other materials to us, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, unlimited (except as we expressly specify in our Data Privacy Statement or elsewhere on the Site) and fully transferable and sub-licensable right to copy, use, modify, sell and otherwise commercialize such materials throughout the world in any way now known or in the future discovered. You also represent and warrant that the materials are accurate and that you own the required rights to grant us the license specified in the preceding sentence. Don’t send or submit any materials if you cannot comply with these terms.
Purchase of Products
Private use only. By submitting your order, you represent that you are a legal adult, purchasing for private household use only. We do not authorize any sale of our products outside the U.S. or any commercial resale. You may purchase up to six (6) items per individual article, except when otherwise indicated on the product page on the Site. We reserve the right to reject orders and further limit order quantities in our sole discretion at any time.
Product information and availability. Without limiting the generality of the disclaimers and limitations set forth in these Terms, given the unique nature of our products we cannot assume any liability or responsibility for any inaccuracies or errors, or for any loss or damage caused by or arising from your reliance on information obtained from or through this Site, and we may change information at any time. We determine product availability at the time we email you the shipping confirmation.
Price, payment, taxes. By submitting your order via the Site, you agree to pay the purchase price in US Dollars (US$) for the products you selected plus shipping and handling costs, and applicable sales tax, if any. Depending on the tax laws in your state, you may be required to pay use tax on purchases for which we do not collect sales tax. We accept the following forms of payment for purchases made through the Site: credit card or PayPal. Accepted credit cards are: Visa, MasterCard, American Express, Discovery. Delivery. We will ship the products you purchased to the continental United States (we also ship to Alaska, Puerto Rico and Canada) or other locations outside the continental United States; other details regarding shipping and delivery are described in the Shipping page. You receive title and you bear all risks of loss and damage of the products from the time we deliver the products to the courier. For security reasons, all purchases from the Site require an adult signature upon delivery. Cancellations, returns. We do not accept any cancellations or returns, except as specified in our Return Policy or required by applicable law.
General Terms and contact information.
Changes. We may change our prices, products, these Terms, our Cancellation, Return Policies and our Data Privacy at any time, at our sole discretion, by publishing changes on the Site or otherwise notifying you. We will not apply changes to orders or data that you submitted prior to our publishing or otherwise notifying you of the changes, unless we obtain your consent, by providing a notice with opt-out opportunity on the Site, via email or otherwise.
Severability. If any provision of these Terms is determined to be invalid, illegal or unenforceable, such provision shall be upheld to the fullest extent legally permissible and the remaining provisions of these Terms shall remain in full force and effect. Nothing herein is intended to override mandatory laws to the extent they cannot be contractually altered or modified.
Entire agreement. These Terms & Conditions and any additional terms that we may specify on the “review your order” page or on our order confirmation shall constitute the entire agreement between you and us with regard to the subject matter hereof, and supersede any prior agreements or understandings.
This Site is operated, and all sales are made by JK7 SPA & WELLNESS LLC, 59-338 Wilinau Road, Haleiwa, HI, 96712, USA, Phone: +1 – 808 – 638 7020, Fax: +1 – 808 638 7022, E-Mail: [email protected]
Last updated: November 2018