Terms and Conditions

Date Effective: July, 2016

General

This website (the “Site”) is owned and operated by ANNMARIE GIANNI SKIN CARE, LLC, d/b/a Annmarie Gianni SKIN CARE (“ANNMARIE GIANNI SKIN CARE” “we” or “us”). By using the Site, you agree to be bound by these Terms of Service and to use the Site in accordance with these Terms of Service, our Privacy Policy, our Refund Policy and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site or from ANNMARIE GIANNI SKIN CARE. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service.

We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified.

Intellectual Property Rights

Our Limited License to You. This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

Your License to Us. By posting or submitting any material (including, without limitation, comments, blog entries, Facebook postings, photos and videos) to us via the Site, internet groups, social media venues, or to any of our staff via email, text or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you submit, email, text or deliver or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.

You acknowledge and agree that any contributions originally created by you for us shall be deemed a “work made for hire” when the work performed is within the scope of the definition of a work made for hire in Section 101 of the United States Copyright Law, as amended. As such, the copyrights in those works shall belong to ANNMARIE GIANNI SKIN CARE from their creation. Thus, ANNMARIE GIANNI SKIN CARE shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as ANNMARIE GIANNI SKIN CARE determines. In the event that any of the results and proceeds of your submissions hereunder are not deemed a “work made for hire” under Section 101 of the Copyright Act, as amended, you hereby, without additional compensation, irrevocably assign, convey and transfer to ANNMARIE GIANNI SKIN CARE all proprietary rights, including without limitation, all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any posted material which are reproductions of prior works by you shall be co-owned by us.

You acknowledge that ANNMARIE GIANNI SKIN CARE has the right but not the obligation to use and display any postings or contributions of any kind and that ANNMARIE GIANNI SKIN CARE may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.

Limitations on Linking and Framing. You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property.

Disclaimers

Throughout the Site, we may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to by us on the Site.

If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not ANNMARIE GIANNI SKIN CARE. Neither ANNMARIE GIANNI SKIN CARE nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, ANNMARIE GIANNI SKIN CARE neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites by anyone other than an authorized ANNMARIE GIANNI SKIN CARE representative while acting in his/her official capacity.

THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND BY ANNMARIE GIANNI SKIN CARE AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

You agree at all times to defend, indemnify and hold harmless ANNMARIE GIANNI SKIN CARE its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.

Online Commerce

Certain sections of the Site may allow you to purchase many different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the Site or on a site linked to by the Site, the information obtained during your visit to that merchant's online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant's website and click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Site.

Your participation, correspondence or business dealings with any third party found on or through our Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that ANNMARIE GIANNI SKIN CARE shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.

With respect to direct purchases of ANNMARIE GIANNI SKIN CARE products via the Site: you understand and agree that once your online order is submitted, it immediately begins processing. Consequently, ANNMARIE GIANNI SKIN CARE is unable to make any changes, including product changes, address changes, or cancellations, once an order has been placed on the Site. You agree to confirm that all of your order information is correct prior to submitting your order.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party's personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party's personal information.

Orders of ANNMARIE GIANNI SKIN CARE products purchased via the site will ship from our warehouse (the “Warehouse”), which is located in the Eastern Standard Time Zone (EST). The Warehouse operates during ordinary EST business hours and does not operate on weekends of holidays.

Items shipping domestically from the Warehouse may be shipped at Standard (orders typically arrive within 5-8 business days of order), Priority (orders typically arrive within 3-4 business days of order) or Express (orders typically arrive two business days after order) methods. Free shipping options may be available for our Sample Kits. You agree to select your preferred shipping method at the time of placing your order. The pricing and availability of these shipping methods are subject to change at any time. ANNMARIE GIANNI SKIN CARE is not responsible for any delays in shipping of orders.

Items shipping internationally (outside of the USA) from the Warehouse are subject to international import laws which may vary from one country to another. You understand that it is possible that the country to which you have requested international shipping may require additional brokerage fees, taxes, or customs duties or fees payable upon delivery, in addition to the shipping charges paid at the time of placing your order. You agree to assume the financial obligation of paying these additional charges. You understand and agree that international shipping times vary and it could take several weeks for your order to arrive, irrespective of the shipping option that you select at the time of placing your order. You understand and agree that for orders shipped via USPS, you will be unable to track your order once it has left the USA.

You understand and agree that all transactions made through ANNMARIE GIANNI SKIN CARE’s online store, shop.annmariegianni.com, are processed in USD. If you have placed an order from outside the USA, if your country’s exchange rate is not 1:1 with USD, your bank will likely calculate the difference and debit funds from your account in your country’s currency. ANNMARIE GIANNI SKIN CARE is not responsible for any additional bank fees which your bank may charge in connection with your order.

You understand and agree that Loyalty Rewards Program discounts cannot be combined with any other sales, coupons or discounts. The Loyalty Rewards began on January 1, 2016. All orders placed after that date began to accrue “points” in the following manner: for every $1 USD spent, 1 point is accrued. Points can be redeemed at any time, and do not expire.

You understand and agree that only one coupon code can be used per order on the Site. Coupon codes can be entered on the final pages of the Checkout process. Simply locate the field for “Gift Card or Discount Code,” and input the code in that field. If you entered the coupon code correctly, you will see the discount amount applied to your order total. If you placed an order and neglected to use your coupon code, contact Customer Support, and we will attempt to honor that discount for you within several days of your request.

AU SOR

1. Definitions

In these Terms and Conditions, unless the context otherwise requires, the following words and expressions have the following meanings:

Applicable Laws means any law of Australia which apply to the arrangements contemplated by these Terms and Conditions and includes the Australian Consumer Law set out in Schedule 2 to the Competition and Consumer Act 2010.

GST has the meaning given to that term in the GST Act.

GST Act means the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Personal Information has the meaning given to it in the Privacy Act 1988 (Cth). Products means those goods offered for sale via the Merchant’s website which are not prohibited, or restricted goods were they to be imported into Australia, and which are not subject to any restrictions on export, sale, or transfer in violation of any Applicable Laws.

Product Price(s) means:

(a) the prices including GST or similar taxes at the appropriate rate of the Product(s) as held out for sale to Customer by the Merchant and accordingly, by Passport to Customer; and

(b) the prices including GST of the Product(s) as held out for sale to Customer by the Merchant and accordingly, by Passport to Customer and for the avoidance of doubt includes any delivery and other fees and charges charged to the Customer.

Qualifying Customer Order means an order for a Product(s) that meets all of the following conditions:

(a) it is an order for Product or Products placed via the Merchant’s website which are to be transported from a third country or territory to an address in Australia; and

(b) assuming the Product would be a Qualifying Customer Order (and hence would be sold by the Merchant to Passport to the Customer), the sale of the Product would be a taxable supply (as defined in the GST Act) by Passport to the Customer on which Passport has the GST liability thereon; and

(c) for the avoidance of doubt, Qualifying Customer Orders are intended to be orders that include offshore supplies of low value goods where the recipient of the supply is a consumer and that are not made through an electronic distribution platform (as defined in the GST Act).

2. Purchase and Supply of Products

2.1 You are shopping on a merchant’s website (the Merchant).

2.2 If you place a Qualifying Customer Order, the Product(s) that you are purchasing will be sold first by the Merchant to Passport Global Inc (Passport), and then by Passport to you under these Terms and Conditions. Your payment information, shipping address, and any additional information required or requested to complete your order will be shared directly with Passport and its nominated agents and contractors, in order to enable Passport to complete your Qualifying Customer Order in accordance with Applicable Laws.

2.3 Your Qualifying Customer Order is subject to:

(a) these Terms and Conditions; and

(b) any relevant terms and conditions imposed by the Merchant. By completing your purchase, you confirm that you have read and agree to be bound by all of these. By placing a Qualifying Customer Order on the Merchant’s website, you understand and agree that:

2.4 You are dealing with Passport and your information will be provided by Merchant to Passport. Passport may contact you about your order.

2.5 If there is an error in the price listed for a Product on the Merchant’s website, or in the price applied to the product during the sale of and processing of your order for the Product, Passport and its nominated agents are entitled to contact you, correct the price, and/or cancel your order.

2.6 The Merchant remains responsible for handling payment for your order.

2.7 Once your payment is processed, ownership in the items will shift from Passport to you.

2.8 Certain addresses will be ineligible for shipment, such as PO box addresses.

2.9 Passport may refuse service, refuse to process or complete Qualifying Customer Orders, remove or edit content, or cancel such orders for any reason or for no reason, in its sole discretion, provided that Customers are given a full refund for any cancellation consistent with Passport’s obligations under the Australian Consumer Law.

2.10 If you are under the age of majority in the jurisdiction in which you reside, approval of your parent or guardian is required to complete your purchase.

2.11 You agree that you are importer of the Products into Australia for customs purposes. You authorize Passport and its nominated agents and contractors to perform any of the following activities in connection with the delivery of any Products:

(a) to act as your agent to make and file customs declarations and all related actions as your direct representative, which expressly includes completing any documents, amending product or Harmonised System codes, and paying any duties, taxes or penalties required under applicable laws and regulations;

(b) to act as forwarding agent for customs import and export control purposes solely for the purpose of designating a customs broker to perform customs clearance and entry; and

(c) to redirect an order to your customs broker or other address upon request by any person whom Passport’s nominated agents and contractors believe in its reasonable opinion to be authorized. You are liable to pay any customs or import charges or taxes in respect of the Products and you agree to reimburse Passport or the Merchant (as applicable) for any such charges or taxes they incur.

3. Currency

3.1 You may select your preferred payment method and currency from a list of options available at the time of checkout. Please note that the relative value of currencies may vary, and as a result, the actual purchase price for items in your order may vary based on the currency selected.

4. Billing

4.1 If you use a payment card or other electronic form of payment as your payment type, the charges to your account for your order will be subject to the Merchant’s terms and conditions.

5. Shipping

5.1 Items in your order may be shipped via a single shipment, or via multiple shipments. If items in your Qualifying Customer Order are shipped via multiple shipments, or if your order is only partially filled and shipped, you will only be charged for those items that are actually shipped to you.

6. Chargebacks, Fraud Prevention and Void Transactions

6.1 For your protection, Passport may use various fraud prevention protocols and policies, and industry-standard verification systems, to reduce fraud and minimize chargeback risks. You must comply with such protocols and policies, including card authentication, and “ship to” and “bill to” address verification. Once an order is placed, you may not change any authenticated payment information or any verified “ship to”/“bill to” address. If there is a systemic error which results in the processing or acceptance of a transaction for which authorization has been declined, that transaction will be void.

7. Customer Service and Returns

7.1 Questions or complaints about your order should be directed to the Merchant in the first instance, as agent of Passport.

7.2 Passport will work with the Merchant as necessary to resolve your issue in accordance with Passport’s obligations under the Applicable Laws. The Merchant is authorized to allow for returns or refunds on orders, including to reimburse you for the original sales prices of Products returned to the Merchant’s nominated address, in accordance with Passport’s obligations under the Australian Consumer Law and other Applicable Laws.

7.3 Where a return is otherwise authorized by Passport or the Merchant, the Merchant shall, at Passport’s direction and acting in its name, provide either a full refund or a credit note (as applicable) to the Customer to the extent of the value of the Product(s) authorized to be returned directly to the Merchant.

7.4 Where a return by the Customer is authorized by Passport or the Merchant, the sale of the item by Passport to the Customer will be cancelled or reversed and the sale of the item by the Merchant to Passport shall also be cancelled or reversed. Accordingly, the Merchant shall issue a credit note to Passport and Passport shall provide either a full refund or a credit note (as applicable) to the Customer, and at Passport’s direction, ownership and risk in the Products for return shall pass from you to Passport and then to the Merchant.

7.5 In relation to any return of Products to the Merchant, you authorize Passport and its nominated agents to act on your behalf, and to recover for its own account, any import duties and taxes. If required, you will sign any such document that is reasonably required to facilitate the return of the Products and the recovery of any import duties and taxes.

8. Limitation of Liability

8.1 With the exception of liability arising under section 51, 52 or 53 of the Australian Consumer Law, any liability that Passport and/or Merchant may have to you under any Applicable Law in connection with a Qualifying Customer Order in respect of goods, other than goods of a kind ordinarily acquired for personal, domestic or household use or consumption, is limited in accordance with the terms of the Australian Consumer Law to either, at the election of Passport and/or Merchant:

(a) the repair or replacement of the goods, or the supply to you of equivalent goods; or

(b) the payment of the cost of repairing or replacing the goods, or the cost of you acquiring equivalent goods.

9. General Terms

9.1 The following general terms apply whenever you place a Qualifying Customer Order through the Merchant’s website:

10. Compliance with Applicable Laws

10.1 You certify that any Products purchased through a Qualifying Customer Order will not be imported, exported, sold, or transferred in violation of any applicable laws. It is your responsibility to know the laws of the country into which you are importing any Products that you order from the Merchant’s website. By placing a Qualifying Customer Order you certify that the import of the Products you have ordered to the country of the shipping address you have provided does not violate any laws or regulations of that country.

11. Privacy

11.1 To complete your Qualifying Customer Order you will be providing certain Personal Information to the Merchant (including your name, shipping address, phone number and payment information) which will be disclosed to Passport and its service providers.

11.2 You consent to such information being collected, used, processed, disclosed and/or stored by the Merchant and Passport and our service providers as may be required in order to process and complete your order and otherwise provide the services you have requested, in accordance with the Merchant’s and Passport’s Privacy Policy. Passport accepts no liability or responsibility for the collection, use, processing, disclosure or storage of your personal information by the Merchant or any service provider engaged by the Merchant.

11.3 The collection, use, processing, disclosure and/or storage of your personal information by the Merchant or its service providers is governed by the Merchant’s privacy policy and Applicable Laws.

11.4 The Merchant and Passport may analyze transactional data for the purpose of identifying trends, statistics and measurements that could contribute to the enhancement of the Merchant’s Customer experience and/or the services provided by Passport. Any transactional data analyzed for these purposes will be aggregated and de-identified, meaning that any Personal Information will be removed.

12. Electronic Communications

12.1 When you place a Qualifying Customer Order through the Merchant’s website, you are communicating with Passport electronically, and you consent to be bound by these Terms and Conditions by electronic means, and to receive communications from Passport electronically/via email.

13. Modifications

13.1 You acknowledge that Passport may make changes to its system, policies, and these standard form Terms and Conditions at any time. Passport will ensure that the current version of these Terms and Conditions applies to the making of any order without change once the order has been made, and is presented every time you make a Qualifying Customer Order on the Merchant’s website. You are responsible for reviewing these Terms and Conditions each time you make a Qualifying Customer Order. If you do not agree to any change in the Terms and Conditions, you must not complete your order. Any order placed after the effective date of a change will constitute your agreement to the change and to the current Terms and Conditions.

14. Severability

14.1 If any or any portion of these Terms and Conditions is found to be invalid, void, or for any reason unenforceable, that term or portion of terms will be severed, and will not affect the validity and enforceability of the remaining terms.

15. Proceedings

15.1 You and Passport each agree that these Terms and Conditions are governed by the laws of New South Wales, Australia, and You and Passport each irrevocably and unconditionally submits to the non-exclusive jurisdiction of New South Wales, including for the avoidance of doubt the Federal Court of Australia sitting in New South Wales, Australia.

16. Language

16.1 The parties have agreed and expressly requested that these Terms and Conditions and all documents related to it be drawn up in English.

NZ SOR

1. Definitions

In these Terms and Conditions, unless the context otherwise requires, the following words and expressions have the following meanings:

Applicable Laws means any law of New Zealand which apply to the arrangements contemplated by these Terms and Conditions and includes the New Zealand Consumer Law set out in the Consumer Guarantees Act 1993 and Fair Trading Act 1986.

GST has the meaning given to that term in the GST Act.

GST Act means the Goods and Services Tax Act 1985.

Personal Information has the meaning given to it in the Privacy Act 2020. Products means those goods offered for sale via the Merchant’s website which are not prohibited, or restricted goods were they to be imported into New Zealand, and which are not subject to any restrictions on export, sale, or transfer in violation of any Applicable Laws.

Product Price(s) means:

(a) the prices including GST or similar taxes at the appropriate rate of the Product(s) as held out for sale to Customer by the Merchant and accordingly, by Passport to Customer; and

(a) it is an order for Product or Products placed via the Merchant’s website which are to be transported from a third country or territory to an address in New Zealand; and

(a) these Terms and Conditions; and

(b) any relevant terms and conditions imposed by the Merchant. By completing your purchase, you confirm that you have read and agree to be bound by all of these. By placing a Qualifying Customer Order on the Merchant’s website, you understand and agree that:

2.4 You are dealing with Passport and your information will be provided by Merchant to Passport. Passport may contact you about your order.

2.5 If there is an error in the price listed for a Product on the Merchant’s website, or in the price applied to the product during the sale of and processing of your order for the Product, Passport and its nominated agents are entitled to contact you, correct the price, and/or cancel your order.

2.6 The Merchant remains responsible for handling payment for your order.

2.7 Once your payment is processed, ownership in the items will shift from Passport to you.

2.8 Certain addresses will be ineligible for shipment, such as PO box addresses.

2.9 Passport may refuse service, refuse to process or complete Qualifying Customer Orders, remove or edit content, or cancel such orders for any reason or for no reason, in its sole discretion, provided that Customers are given a full refund for any cancellation consistent with Passport’s obligations under the New Zealand Consumer Law.

2.10 If you are under the age of majority in the jurisdiction in which you reside, approval of your parent or guardian is required to complete your purchase.

2.11 You agree that you are importer of the Products into New Zealand for customs purposes. You authorize Passport and its nominated agents and contractors to perform any of the following activities in connection with the delivery of any Products:

(b) to act as forwarding agent for customs import and export control purposes solely for the purpose of designating a customs broker to perform customs clearance and entry; and

(c) to redirect an order to your customs broker or other address upon request by any person whom Passport’s nominated agents and contractors believe in its reasonable opinion to be authorized. You are liable to pay any customs or import charges or taxes in respect of the Products and you agree to reimburse Passport or the Merchant (as applicable) for any such charges or taxes they incur.

3. Currency

3.1 You may select your preferred payment method and currency from a list of options available at the time of checkout. Please note that the relative value of currencies may vary, and as a result, the actual purchase price for items in your order may vary based on the currency selected.

4. Billing

4.1 If you use a payment card or other electronic form of payment as your payment type, the charges to your account for your order will be subject to the Merchant’s terms and conditions.

5. Shipping

5.1 Items in your order may be shipped via a single shipment, or via multiple shipments. If items in your Qualifying Customer Order are shipped via multiple shipments, or if your order is only partially filled and shipped, you will only be charged for those items that are actually shipped to you.

6. Chargebacks, Fraud Prevention and Void Transactions

6.1 For your protection, Passport may use various fraud prevention protocols and policies, and industry-standard verification systems, to reduce fraud and minimize chargeback risks. You must comply with such protocols and policies, including card authentication, and “ship to” and “bill to” address verification. Once an order is placed, you may not change any authenticated payment information or any verified “ship to”/“bill to” address. If there is a systemic error which results in the processing or acceptance of a transaction for which authorization has been declined, that transaction will be void.

7. Customer Service and Returns

7.1 Questions or complaints about your order should be directed to the Merchant in the first instance, as agent of Passport.

7.2 Passport will work with the Merchant as necessary to resolve your issue in accordance with Passport’s obligations under the Applicable Laws. The Merchant is authorized to allow for returns or refunds on orders, including to reimburse you for the original sales prices of Products returned to the Merchant’s nominated address, in accordance with Passport’s obligations under the New Zealand Consumer Law and other Applicable Laws.

7.3 Where a return is otherwise authorized by Passport or the Merchant, the Merchant shall, at Passport’s direction and acting in its name, provide either a full refund or a credit note (as applicable) to the Customer to the extent of the value of the Product(s) authorized to be returned directly to the Merchant.

7.4 Where a return by the Customer is authorized by Passport or the Merchant, the sale of the item by Passport to the Customer will be cancelled or reversed and the sale of the item by the Merchant to Passport shall also be cancelled or reversed. Accordingly, the Merchant shall issue a credit note to Passport and Passport shall provide either a full refund or a credit note (as applicable) to the Customer, and at Passport’s direction, ownership and risk in the Products for return shall pass from you to Passport and then to the Merchant.

7.5 In relation to any return of Products to the Merchant, you authorize Passport and its nominated agents to act on your behalf, and to recover for its own account, any import duties and taxes. If required, you will sign any such document that is reasonably required to facilitate the return of the Products and the recovery of any import duties and taxes.

8. Limitation of Liability

8.1 With the exception of liability arising under the New Zealand Consumer Law, any liability that Passport and/or Merchant may have to you under any Applicable Law in connection with a Qualifying Customer Order in respect of goods, other than goods of a kind ordinarily acquired for personal, domestic or household use or consumption, is limited in accordance with the terms of the New Zealand Consumer Law to either, at the election of Passport and/or Merchant:

(a) the repair or replacement of the goods, or the supply to you of equivalent goods; or

(b) the payment of the cost of repairing or replacing the goods, or the cost of you acquiring equivalent goods.

9. General Terms

9.1 The following general terms apply whenever you place a Qualifying Customer Order through the Merchant’s website:

10. Compliance with Applicable Laws

10.1 You certify that any Products purchased through a Qualifying Customer Order will not be imported, exported, sold, or transferred in violation of any applicable laws. It is your responsibility to know the laws of the country into which you are importing any Products that you order from the Merchant’s website. By placing a Qualifying Customer Order you certify that the import of the Products you have ordered to the country of the shipping address you have provided does not violate any laws or regulations of that country.

11. Privacy

11.1 To complete your Qualifying Customer Order you will be providing certain Personal Information to the Merchant (including your name, shipping address, phone number and payment information) which will be disclosed to Passport and its service providers.

11.2 You consent to such information being collected, used, processed, disclosed and/or stored by the Merchant and Passport and our service providers as may be required in order to process and complete your order and otherwise provide the services you have requested, in accordance with the Merchant’s and Passport’s Privacy Policy. Passport accepts no liability or responsibility for the collection, use, processing, disclosure or storage of your personal information by the Merchant or any service provider engaged by the Merchant.

11.3 The collection, use, processing, disclosure and/or storage of your personal information by the Merchant or its service providers is governed by the Merchant’s privacy policy and Applicable Laws.

11.4 The Merchant and Passport may analyze transactional data for the purpose of identifying trends, statistics and measurements that could contribute to the enhancement of the Merchant’s Customer experience and/or the services provided by Passport. Any transactional data analyzed for these purposes will be aggregated and de-identified, meaning that any Personal Information will be removed.

12. Electronic Communications

12.1 When you place a Qualifying Customer Order through the Merchant’s website, you are communicating with Passport electronically, and you consent to be bound by these Terms and Conditions by electronic means, and to receive communications from Passport electronically/via email.

13. Modifications

13.1 You acknowledge that Passport may make changes to its system, policies, and these standard form Terms and Conditions at any time. Passport will ensure that the current version of these Terms and Conditions applies to the making of any order without change once the order has been made, and is presented every time you make a Qualifying Customer Order on the Merchant’s website. You are responsible for reviewing these Terms and Conditions each time you make a Qualifying Customer Order. If you do not agree to any change in the Terms and Conditions, you must not complete your order. Any order placed after the effective date of a change will constitute your agreement to the change and to the current Terms and Conditions.

14. Severability

14.1 If any or any portion of these Terms and Conditions is found to be invalid, void, or for any reason unenforceable, that term or portion of terms will be severed, and will not affect the validity and enforceability of the remaining terms.

15. Proceedings

15.1 You and Passport each agree that these Terms and Conditions are governed by the laws of New Zealand and You and Passport each irrevocably and unconditionally submits to the non-exclusive jurisdiction of New Zealand.

16. Language

16.1 The parties have agreed and expressly requested that these Terms and Conditions and all documents related to it be drawn up in English.

UK Shipments

Schedule 1.

Terms of Service

1. You are shopping on a merchant’s website (the “Merchant”). If you place an order with the Merchant for delivery to an address in the UK (a “Qualifying Customer Order”), where the total value of the Products comprising of that order does not exceed 135 (one hundred and thirty five) British Pounds Sterling, or where Products comprising of that order are sent in separate consignments the value of which does not exceed 135 (one hundred and thirty five) British Pounds Sterling, the Products will be sold by Passport Global Limited (“Passport”), in the way we describe below.

2. If you place a Qualifying Customer Order, the item(s) that you are purchasing will be sold first by the Merchant to Passport, and then by Passport to you. Passport becomes the “Supplier” of goods for UK VAT purposes in relation to your purchase. Your payment information, shipping address, and any additional information required or requested to complete your order will be shared directly with Passport and its nominated agents and contractors, in order to enable Passport complete your Customer Order.

3. Your Qualifying Customer Order is subject to: (1) these Terms of Service; and (2) any relevant terms and conditions imposed by the Merchant. By completing your purchase, you confirm that you have read and agree to be bound by allof these.

4. By placing a Customer Order on the Merchant’s website, you understand and agree that:

4.1 You are dealing with and providing your information to Passport. Passport is entitled to verify and authenticate your payment information, and if it is unable to verify this information, Passport may contact you and/or your payment card issuer to confirm your identity and/or your intent to place the order.

4.2 If there is an error in the price listed for a product on the Merchant’s website, or in the price applied to the product during the sale of and processing of your order for the product, Passport is entitled to contact you, correct the price,and/or cancel your order.

4.3 The Merchant remains responsible for handling payment for your order.

4.4 Once your payment is processed, ownership in the items will shift from Passport, to you, and, the items in your order will be provided to a carrier for shipment to you.

4.5 Passport or the Merchant will direct the carrier to ship your order to the shipping address you provided. Certain addresses will be ineligible for shipment, such as PO box addresses.

4.6 Passport may refuse service, refuse to process or complete Qualifying Customer Orders, remove or edit content, or cancel such orders for any reason or for no reason, in its sole discretion.

4.7 If you are under the age of majority in the jurisdiction in which you reside, approval of your parent or guardian is required to complete your purchase.

5. Currency. You may select your preferred payment method and currency from a list of options available at the time of checkout. Please note that the relative value of currencies may vary, and as a result, the actual purchase price for items in your order may vary based on the currency selected.

6. Billing. If you use a payment card or other electronic form of payment as your payment type, the charges to your account for your order will be subject to the Merchant’s terms and conditions.

7. Shipping. Items in your order may be shipped via a single shipment, or via multiple shipments. If items in your Qualifying Customer Order are shipped via multiple shipments, or if your order is only partially filled and shipped, you will only be charged for those items that are actually shipped to you.

8. Chargebacks, Fraud Prevention and Void Transactions. For your protection, Passport may use various fraud prevention protocols and policies, and industry-standard verification systems, to reduce fraud and minimize chargeback risks. You must comply with such protocols and policies, including card authentication, and “ship to” and “bill to” address verification. Once an order is placed, you may not change any authenticated payment information or any verified “ship to”/“bill to” address. If there is a systemic error which results in the processing or acceptance of a transaction for which authorisation has been declined, that transaction will be void.

9. Customer Service and Returns. Questions or complaints about your order should be directed to the Merchant in the first instance. Passport may work with the Merchant as necessary to resolve your issue. The Merchant is authorised to allow for returns or refunds on orders in accordance with the Merchant’s policy, including to reimburse you for the original sales prices of returned products. Passport may refuse any return requested if a restriction applies to the item for which the return is requested. You accept that your sole remedies are against Merchant.

10. General Terms. The following general terms apply whenever you place a Qualifying Customer Order through the Merchant’s website:

10.1 Compliance with Applicable Laws. You certify that any products purchased through a Qualifying Customer Order will not be exported, sold, or transferred in violation of any applicable laws, including without limitation the United States Export Administration Regulations or applicable United States sanctions and embargoes administered by the United StatesTreasury Department, nor It is your responsibility to know the laws of the country into which you are importing any products that you order from the Merchant’s website. By placing an Qualifying Customer Order you certify that the import of the products you have ordered to the country of the shipping address you have provided does not violate any laws or regulations of that country.

10.2 Privacy. To complete your Qualifying Customer Order you will be providing personal information to Passport and you consent to your personal information being collected, used, processed, disclosed and/or stored by Passport and our service providers as may be required in order to process and complete your order and otherwise provide the services you have requested, in accordance with Passport’s Privacy Policy. Passport accepts no liability or responsibility for the collection, use, processing, disclosure or storage of your personal information by the Merchant or any service provider engaged by the Merchant. The collection, use, processing, disclosure and/or storage of your personal information by the Merchant or its service providers is governed by the Merchant’s privacy policy. The Merchant and Passport may analyse transactional data for the purpose of identifying trends, statistics and measurements that could contribute to the enhancement of the Merchant’s Customer experience and/or the services provided by Passport. Any transactional data analysed for these purposes will be aggregated and de-identified, meaning that any personally identifiable information will be removed.

10.3 Electronic Communications. When you place a Qualifying Customer Order through the Merchant’s website, you are communicating with Passport electronically, and you consent to entering into this agreement by electronic means, and to receive communications from Passport electronically/via email.

10.4 Modifications. You acknowledge that Passport may make changes to its system, policies, and these Terms of Service atany time. Passport will ensure that the current version of these Terms of Service is presented every time you make a Qualifying Customer Order on the Merchant’s website. You are responsible for reviewing these Terms of Service each time you make a Customer Service. If you do not agree to any change in the Terms of Service, you must not complete your order. Any order placed after the effective date of a change will constitute your agreement to the change and to the current Terms of Service.

10.5 Severability. If any or any portion of these Terms of Service is found to be invalid, void, or for any reason unenforceable,that term or portion of terms will be severed, and will not affect the validity and enforceability of the remaining terms.

10.6 Proceedings. Any action or proceeding arising out of or relating to these Terms of Service must be brought in the courts of California, United States, and you hereby irrevocably agree to the jurisdiction of the courts of California, United Statesfor all such purposes.

10.7 Language. The parties have agreed and expressly requested that this agreement and all documents related to it bedrawn up in English.

Interactive Features

This Site may include a variety of features, such as bulletin boards, web logs, chat rooms, and email services, which allow feedback to us and real-time interaction between users, and other features which allow users to communicate with others. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the Site, or sent via any email services on the Site, lies with each user – you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the Site. It is a condition of your use of the Site that you do not:

Restrict or inhibit any other user from using and enjoying the Site.
Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site.
Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means.
Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.
Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component.
Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.

ANNMARIE GIANNI SKIN CARE may host message boards, chats and other public forums on its Sites. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the message boards, chats or other public forums in the future. ANNMARIE GIANNI SKIN CARE or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by ANNMARIE GIANNI SKIN CARE staff, ANNMARIE GIANNI SKIN CARE's outside contributors, or by users not connected with ANNMARIE GIANNI SKIN CARE, some of whom may employ anonymous user names. ANNMARIE GIANNI SKIN CARE expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of ANNMARIE GIANNI SKIN CARE or any of its subsidiaries or affiliates.

ANNMARIE GIANNI SKIN CARE has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.

Registration

To access certain features of the Site, we may ask you to provide certain demographic information including your gender, year of birth, zip code and country. In addition, if you elect to sign-up for a particular feature of the Site, such as chat rooms, web logs, or bulletin boards, you may also be asked to register with us on the form provided and such registration may require you to provide personally identifiable information such as your name and email address. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.

Passwords

To use certain features of the Site, you will need a username and password, which you will receive through the Site's registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING OUR MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE OR BY US IN ANY WAY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE'S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS.

THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND ANNMARIE GIANNI SKIN CARE MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.

WITH REGARDS TO CONTENT RELATING TO HEALTH & WELLNESS ON THE SITE:

THIS SITE OFFERS HEALTH, WELLNESS, FITNESS AND NUTRITIONAL INFORMATION AND IS DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS SITE. THE USE OF ANY INFORMATION PROVIDED ON THIS SITE IS SOLELY AT YOUR OWN RISK.

NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.

Termination

We may cancel or terminate your right to use the Site or any part of the Site at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.

Refund Policy

Your purchase of a product or service or ticket to an event may or may not provide for any refund. Each specific product, service, event or course will specify its own refund policy. If you are interested in returning or exchanging any ANNMARIE GIANNI SKIN CARE products which you purchased via the Site, please contact ask@annmariegianni.com. You may be able to return these items within 30 days of your order.

Mobile Terms of Service

The Annmarie Gianni Skin Care, LLC mobile message service (the "Service") is operated by Annmarie Gianni Skin Care, LLC (“Annmarie Gianni Skin Care, LLC”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Annmarie Gianni Skin Care, LLC’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Annmarie Gianni Skin Care, LLC through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Annmarie Gianni Skin Care, LLC. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to +18442919580 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Annmarie Gianni Skin Care, LLC mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to +18442919580 or email ask@annmariegianni.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

Other

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by ANNMARIE GIANNI SKIN CARE infringe your copyright, you, or your agent may send to ANNMARIE GIANNI SKIN CARE a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon ANNMARIE GIANNI SKIN CARE actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to ANNMARIE GIANNI SKIN CARE a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. ANNMARIE GIANNI SKIN CARE's Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: ask@annmariegianni.com.

This Agreement shall be binding upon and inure to the benefit of ANNMARIE GIANNI SKIN CARE and our respective assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights hereunder may be assigned without the prior written consent of ANNMARIE GIANNI SKIN CARE Notwithstanding the foregoing, all rights and obligations under this Agreement may be freely assigned by ANNMARIE GIANNI SKIN CARE to any affiliated entity or any of its wholly owned subsidiaries.

Dispute Resolution:

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Utah and any dispute shall be subject to binding arbitration in Park City, Utah. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

CLASS ACTION WAIVER

You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed.

The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.

Severability

If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.

Contacting Us

If there are any questions regarding this privacy policy you may contact us using the information below.

Annmarie Gianni Skin Care, LLC
23 Barnabas Rd, Suite 100
Hawleyville, CT 06440
USA
ask@annmariegianni.com
1-866-729-9434