These Terms and Conditions of Sale (“Terms of Sale”) constitute a legally binding agreement («Agreement») between you and NutraQ, LLC, a limited liability company with its corporate office located at ,(hereinafter “Company,” “our,” “we” or “us”). This Agreement governs your purchase of the Oslo Skin Lab™ Product (“Product”) from this website. By purchasing the Product, you agree to be bound by, and become a party to, this Agreement.
PRIOR TO PURCHASING A PRODUCT ON THIS SITE READ, PLEASE READ THIS DOCUMENT CAREFULLY! If you do not agree to the terms of this Agreement, do not click on the “I accept” button and abandon your purchase of the products.
THE TERMS OF USE AND PRIVACY POLICY for our website located at URL http://osloskinlab.com (“Home Page”) (the “Site”), are expressly incorporated into this Agreement by this reference.
ONLINE STORE. This Agreement covers the terms of our sale and your purchase of Products through our Site and our online shop located at http://osloskinlab.us (“Online Shop” and with the Home Page, the Site).
USAGE OF SITE & CREDENTIALS. You are responsible for the supervision, management, confidentiality and control of your login credentials and are fully responsible for all activities that occur under your account or password. You are responsible for ensuring that you exit from your account at the end of each session. Any person using your login credentials is conclusively deemed to have actual authority to engage in transactions in the Online Shop, and, accordingly, all sales of Products made by a person using your credentials are hereby authorized by you. You agree to be responsible for all charges resulting from the use of your account on the Site including charges resulting from unauthorized use of your account. We are not liable for any loss or damage resulting from your failure to comply with this section. You agree to immediately notify us if you become aware of any unauthorized use of your account or login credentials or any other security breach, and we will thereafter promptly suspend your account.
USE OF SITE FROM JURISDICTION OUTSIDE THE UNITED STATES. We make no representation that the Products described or offered on this Site are appropriate or available for purchase in jurisdictions outside the United States, or that this Agreement complies with the laws of any country outside the United States. Users of the Site residing outside the United States do so at their own initiative and risk and are responsible for complying with all applicable laws and regulations. You agree not to access the Site from any location or territory where its contents are illegal and that you and not us, are responsible for compliance with all applicable laws and regulations in the jurisdiction in which you reside.
PURCHASES AND PRICING.
To make a purchase on this Site, you must be at least 18 years old or the age of majority in your jurisdiction. When making a purchase through the Service ("Purchase"), you may be asked to provide certain information to process the order, including, but not limited to, credit card details, billing address, and shipping information.
By accessing or using the Service, you represent and warrant that: (i) you have the legal right to use any payment method associated with the Purchase; and (ii) the information you provide is accurate, complete, and up-to-date.
Pricing
The price of products, services, and shipping charges will be displayed at the time of purchase. You are responsible for paying the full purchase price, including shipping, handling, and applicable taxes as listed in your order, prior to our acceptance of your order for processing.
We reserve the right to modify, suspend, or terminate any promotions, offers, or sales due to circumstances beyond our control. This may include, but is not limited to, technical malfunctions, human error, supply chain disruptions, or unforeseen events like natural disasters or pandemics.
All prices are subject to change without notice. Any changes in pricing or promotions will be communicated clearly on the Service, and the final price will be confirmed at the time of order.
If you have any questions about pricing related to subscriptions, please refer to our Subscription Terms & Conditions for more detailed information.
RISK OF LOSS.
Ownership and responsibility for the products transfer to you upon delivery. Please inspect your items upon receipt and report any issues promptly so we can assist you.
SHIPPING INSTRUCTIONS. We will ship Products to the address you enter in our Online Shop order form using the shipping method you select. Shipping rates and details, including any special offers, are provided in our Online Shop for your review prior to placing your order.
PACKING AND HANDLING. All Products ordered by you shall be packed in accordance with our standard practices. We will not accept and cannot accommodate any special requests for custom containers, packing, crating, boxing or bundling.
PAYMENTS.
By placing an order, you authorize the Company to charge the listed purchase price, along with shipping, handling, and applicable taxes, to the credit card or bank account provided during checkout. It is your responsibility to notify us of any changes to your payment details, including credit card numbers, expiration dates, or bank account status.
If any payment made to us is reversed, you agree to repay the amount immediately upon our request. Questions regarding charges must be submitted to the Company’s billing department within 90 days of the end of the billing period in question. Charges older than 90 days are not eligible for review, reversal, or refund.
You confirm that:
(a) the credit card, debit card, or bank account information you provide is accurate and complete,
(b) your bank or credit card company will honor all charges, and
(c) you will pay for your purchases at the prices in effect at the time of your order.
If your payment is declined, you remain responsible for completing the purchase.
TAX. You shall be responsible for all sales, use and other taxes and all applicable duties, levies and export fees and similar charges imposed by any federal, state or local government entity with respect to your purchase of Products. These amounts will be added to your total checkout, and you authorize us to charge such due amounts in addition to the amounts set forth above.
RETURN POLICY.
We will gladly issue a refund of the purchase price for the Product (less shipping costs) if you are not completely satisfied with the Product.
To initiate the refund process, please return any remaining product to our facility at OsloSkinLab 2340 Mira Mar Ave, Long Beach, CA 90815. If available, include a copy of your packing slip with your return. Otherwise, please include a note with your contact information. The product must be returned within 14 days of purchase to be refunded.
PRODUCT WARRANTY. Company hereby represents and warrants (the “Limited Warranty”) that Products shall conform to their applicable label, at the time title of the Product passes to you. COMPANY HEREBY DISCLAIMS ALL OTHER WARRANTIES REGARDING THE PRODUCTS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
LIMITED LIABILITY. COMPANY’S LIABILITY TO YOU IS LIMITED. Company will, as its sole liability and as your sole remedy for any alleged failure of the Product to meet the Limited Warranty, replace or refund your full purchase price of the Product. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH ANY BREACH OF THE LIMITED WARRANTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, COMPANY IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT INVOICED FOR THE APPLICABLE PRODUCT. SOME STATE JURISDICTIONS MAY NOT ENFORCE ALL OF THESE LIMITATIONS, AND ONLY THE LIMITATIONS THAT ARE LAWFULLY APPLIED TO YOU IN YOUR JURISDICTION WILL APPLY.
TRADEMARKS, BRANDS. You specifically recognize that all intellectual property rights to the Product including trademarks belong to NutraQ AS, Enebakkveien 117, 0680 Oslo, Norway (“NutraQ”), or are licensed to the Company. You may not obtain, or try to obtain or register, for yourself or any third party or entity, anywhere in the world any trademarks or trade names identical or confusingly similar to NutraQ’s trademarks.
APPLICABLE LAW; JURISDICTION; DISPUTE RESOLUTION AND CLASS WAIVER
All questions concerning the construction, validity, enforcement and interpretation of this Agreement shall be governed by and construed in accordance with the laws of the State of Florida and the State of California, without giving effect to any choice of law or conflict of law. To the fullest extent permitted by law, you and Company agree to arbitrate any controversy, claim or dispute arising out of or in any way related to this Agreement, including but not limited to claims based on contract, tort, negligence, statutory or regulatory provisions. If, for whatever reason, any term or condition in this Agreement is found to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. Any claim or cause of action arising out of or related to use of the Online Shop, or to this Agreement or to the Products must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this Agreement and any notice given in electronic form relating to this Agreement will be admissible in any arbitration proceeding, subject to the same conditions as other business documents and records originally generated and maintained in printed form.
EACH PARTY IS GIVING UP ITS RIGHT TO SUE IN COURT AND TO HAVE ANY CONTROVERSY, CLAIM OR DISPUTE HEARD BY A JUDGE OR JURY.
YOU AND COMPANY EXPRESSLY AGREE TO ARBITRATE ANY CONTROVERSY, CLAIM OR DISPUTE ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT. THIS AGREEMENT TO ARBITRATE ALSO APPLIES TO THRESHOLD ARBITRABILITY ISSUES, INCLUDING ISSUES RELATED TO WHETHER THE AGREEMENT IS UNCONSCIONABLE OR ILLUSORY AND ANY DEFENSE TO ARBITRATION. YOU ALSO AGREE THAT ANY ARBITRATION MAY ONLY BE BROUGHT IN YOUR AND OUR INDIVIDUAL CAPACITIES, NOT AS A CLASS, PURPORTED CLASS OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL OR ENTITY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
The mutual promise made by you and us to arbitrate any and all disputes, and to do so on an individual basis, rather than to litigate before the courts, provides the mutual consideration for this Agreement to arbitrate. Either party may exercise the right to arbitrate by providing the other party with written notice of any claims forming the basis of such right in sufficient detail to inform the other party of the substance of such claims. In no event shall the request for arbitration be made after the date when institution of legal or equitable proceedings based on such claims would be barred by the applicable statute of limitations.
Unless you and Company otherwise agree in writing, the arbitration will be conducted in the county where you reside by a single neutral arbitrator and in accordance with the then current rules for resolution of disputes of the American Arbitration Association (AAA) (available on line at www.adr.org). The parties are entitled to representation by an attorney or other representative of their choosing. The parties agree to abide by and perform any award rendered by the arbitrator. The arbitrator shall issue the award in writing and therein state the essential findings and conclusions on which the award is based. Judgment on the award may be entered in any court having jurisdiction thereof.
Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.
WAIVER. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
MISCELLANEOUS. You may not assign this Agreement without the prior written consent of Company, but Company may assign or transfer this Agreement, in whole or in part, to another entity, without consent from you.
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
Notices to you may be made via either email or regular mail. Company may also provide notices to you of changes to this Agreement or other matters by displaying notices or links to notices generally on the site. This Agreement, including the Terms, constitutes the entire agreement between you and Company regarding the subject matter hereof.
MODIFICATIONS. Company may, in its sole discretion and without prior notice, (a) revise this Agreement; (b) revise the labelling or modify the ingredients or formula of any Products; and (c) discontinue the Site or any Products at any time. Company shall post any revision to this Agreement to the Site, and the revision shall be effective immediately on such posting. You agree to review this Agreement and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you will abide by any such revision.
ACKNOWLEDGEMENT. BY CLICKING ON THE “I ACCEPT” BUTTON AND COMPLETING YOUR PURCHASE IN OUR ONLINE SHOP, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ENTER INTO AND BE BOUND BY IT.