Terms and Conditions
By Cynthia Bailey MD.
TERMS AND CONDITIONS
PLEASE READ THIS DOCUMENT CAREFULLY. THIS DOCUMENT CONTAINS A DISPUTE RESOLUTION CLAUSE.
These terms and conditions ("Agreement") apply to your use of this website and your purchase of products ("Product") through this website. By visiting this website, you accept and are bound to the terms and conditions of this Agreement.
Disclaim Medical Advice
The information in the Dr. Bailey Skin Care web site, and related links, articles, newsletters,, and blogs, is provided as general information for educational and advertising purposes only. The information is the opinion of Dr. Cynthia Bailey, or other indicated authors. Consult your physician or health care provider for any specific medical conditions or concerns you may have. (This also applies to Dr. Bailey’s patients in her medical practice in Sebastopol - the information is not a substitute for, or an extension of, the medical care she provides her patients.) Never disregard professional medical advice or delay seeking it because of something you have read here. Use the information and products referred to in this information at your own risk. Use of the Dr. Bailey Skin Care web site, and related links, articles, newsletters, and blogs indicates your agreement with these statements and the Terms and Conditions of DrBaileySkinCare.com. If you do not agree to all of these Terms and Conditions of use, please do not use this site.
License to Use Site
Dr. Bailey Skin Care, LLC, which includes DrBaileySkinCare.com, Dr. Bailey Skin Care, LLC., and Only the Best Skin Care, LLC, grants you a personal, limited, non-exclusive and revocable license to access and make personal use of this site. However, you may not download from (other than page caching) or modify the site, except with express written consent of Dr. Bailey Skin Care, LLC. This license does not include any resale or commercial use of this site or its contents; any collection or use of any product listings, descriptions, or prices; any derivative use of this site, its articles, blogs, or other content; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Dr. Bailey Skin Care, LLC. You may not use any meta tags, meta names, or any other “hidden text” utilizing Dr. Bailey Skin Care, LLC’s name or trademarks without the express written consent of Dr. Bailey Skin Care, LLC. Any unauthorized use terminates this license without notice.
All content on this site, including text, graphics, logos, icons, images, videos, audio recordings, digital downloads, data compilations, charts, and software, is the property of Dr. Bailey Skin Care, LLC, or its content suppliers and protected by United States and International copyright laws. The compilation (meaning the selection, coordination, and arrangement) of all content on this site is the exclusive property of Dr. Bailey Skin Care, LLC, and is also protected by United States and International copyright laws. The content on this website may be used by you as a shopping and information resource. Any other use, including the reproduction, modification, distribution, transmission, republication, or display of the content on this website is strictly prohibited.
Trademark and Service Mark Protection
Dr. Bailey Skin Care, LLC, Dr. Bailey Skin Care, DrBaileySkinCare.com, and other trademarks and service marks associated with Products and the delivery of information on our website are marks of Dr. Bailey Skin Care, LLC, in the United States and other countries. All graphics, logos, page headers, button icons, scripts, service names, and brand names appearing on this site in connection with the Products or the delivery of information are trademarks, trade dress, or service marks of Dr. Bailey Skin Care, LLC. Dr. Bailey Skin Care, LLC's trademarks, trade dress, and service marks may not be used in connection with a third party's product or service in any manner that is likely to cause confusion among customers, or in any manner that disparages or dilutes the strength of Dr. Bailey Skin Care, LLC's trademarks or service marks. The trademarks and service marks of publishers identified in “As Seen In” on www.drbaileyskincare.com are not owned by Dr. Bailey Skin Care, LLC, and are the property of their respective owners. The trademarks and service marks on button icons of social media companies are not owned by Dr. Bailey Skin Care, LLC, and are the property of their respective owners.
Payment Terms; Orders; Quotes; Interest
Terms of payment are within Dr. Bailey Skin Care, LLC’s sole discretion, and unless otherwise agreed to by Dr. Bailey Skin Care, LLC, payment must be received by Dr. Bailey Skin Care, LLC prior to Dr. Bailey Skin Care, LLC’s acceptance of an order. Payment for the Product will be made by credit card, or some other prearranged payment method.. Invoices for any balance due shall be due and payable within the time period noted on your invoice, measured from the date of the invoice. Dr. Bailey Skin Care, LLC may invoice parts of an order separately. Your order is subject to cancellation by Dr. Bailey Skin Care, LLC, at Dr. Bailey Skin Care, LLC’s sole discretion. Unless you and Dr. Bailey Skin Care, LLC have agreed in writing to a discounted price, the retail price shall apply. Dr. Bailey Skin Care, LLC is not responsible for pricing, typographical, or other errors in any offer by Dr. Bailey Skin Care, LLC and reserves the right to cancel any orders resulting from such errors.
Shipping Charges; Taxes; Title; Risk of Loss
Shipping and handling are additional charges payable by you, unless otherwise expressly indicated at the time of sale. Title to products passes from Dr. Bailey Skin Care, LLC to you as the customer on shipment from Dr. Bailey Skin Care, LLC’s facility. Loss or damage that occurs during shipping by a carrier selected by you is your responsibility. You must notify Dr. Bailey Skin Care, LLC within 21 days of the date of your invoice or acknowledgement if you believe any part of your purchase is missing, wrong or damaged. Unless you provide Dr. Bailey Skin Care, LLC with a valid and correct tax exemption certificate applicable to your purchase of Product and the Product ship-to location, you are responsible for sales and other taxes associated with the order. Shipping dates are estimates only.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use Dr. Bailey Skin Care, LLC only with involvement of a parent or guardian. Dr. Bailey Skin Care, LLC and its affiliates reserve the right to refuse service, terminate accounts, remove, delete, or edit account information and sales history, or cancel orders at their sole discretion. Following receipt of a copy of a death certificate indicating the death of a customer, it is Dr. Bailey Skin Care, LLC’s policy to delete the account and sales history information.
Dr. Bailey Skin Care, LLC attempts to be accurate in its product descriptions; however, Dr. Bailey Skin Care, LLC does not warrant that product descriptions or other content of this site is accurate, reliable, complete, error-free or current. If a product offered by Dr. Bailey Skin Care, LLC is not as described, your sole remedy is to return it in its unused condition pursuant to the Dr. Bailey Skin Care, LLC return policy described below.
Loyalty and Reward Points
Dr. Bailey Skin Care, LLC may, from time to time, issue loyalty or reward points (“Point”) to customers that have some value when redeemed for the purchase of products. These points are temporary and may be terminated upon two (2) week’s notice to you. Notice to you may be accomplished by using the email address provided with your order, or by an announcement in a newsletter or on the website. Dr. Bailey Skin Care, LLC recommends that you use all Points within two (2) weeks of receiving them, so that none of your points expire or are terminated prior to your use. Dr. Bailey Skin Care, LLC reserves the right to modify or terminate any Points system it may be offering from time to time, before and after the issuance of any Points to you.
YOU AGREE THAT PRODUCT IS SOLD "AS IS". DR. BAILEY SKIN CARE, LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, OR PRODUCTS INCLUDED IN THIS WEBSITE. TO THE FULL EXTENT PERMITTED BY LAW, DR. BAILEY SKIN CARE, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
IF YOU HAVE QUESTIONS ABOUT WHETHER A PRODUCT IS GOOD FOR A SPECIFIC USE, YOU SHOULD CONSULT YOUR PHYSICIAN BEFORE PURCHASING THE PRODUCT.
ALL PEOPLE ARE DIFFERENT, AND OUTCOMES FOR EACH PERSON CAN BE DIFFERENT. RISK AS TO THE PERFORMANCE OF THE PRODUCTS IS WITH THE BUYER. AFTER PURCHASE, IF THE PRODUCTS DO NOT PERFORM AS DESCRIBED IN ANY INFORMATION, THE BUYER, AND NOT DR. BAILEY SKIN CARE, ASSUMES THE ENTIRE COST OF ANY REPAIR OF REPLACEMENT.
ANY WARRANTY WRITTEN ON PRODUCT CONTAINERS MUST BE ADDRESSED TO THAT MANUFACTURER. DR. BAILEY SKIN CARE, LLC ASSUMES NO LIABILITY FOR A MANUFACTURER’S WARRANTY.
DR. BAILEY SKIN CARE, LLC MAKES NO WARRANTY THAT THERE IS A SUFFICIENT SUPPLY OF A PRODUCT ADVERTISED OR LISTED ON THE WEBSITE. PRODUCT AVAILABILITY IS LIMITED.
DR. BAILEY SKIN CARE, LLC MAKES NO WARRANTY THAT THIS WEBSITE OR ITS SERVERS OR EMAIL OPERATE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL OR INTRUSIVE THIRD PARTY ENCROACHMENTS.
Return Policy; Exchanges
Dr. Bailey Skin Care, LLC’s return policy can be found on our Return Policy page and you agree to those terms. You must contact us directly before you attempt to return Product, and you must include a Return Material Authorization Number for you to include with your return. You must return Product to us in the original or equivalent packaging. You are responsible for risk of loss, shipping and handling fees for returning or exchanging Product. Additional fees may apply. If you fail to follow the return or exchange instructions and policies provided by Dr. Bailey Skin Care, LLC, Dr. Bailey Skin Care, LLC is not responsible for Product that is lost, damaged, modified or otherwise processed for disposal or resale. At Dr. Bailey Skin Care, LLC’s discretion, credit for partial returns may be less than invoice or individual component prices due to bundled or promotional pricing.
Changed or Discontinued Product
Dr. Bailey Skin Care, LLC's policy is to continuously update its Products and website, resulting in changes to Product availability and discontinued Products. Dr. Bailey Skin Care, LLC may change or discontinue Products at any time without notice to you. These changes may affect information saved in your online "cart." Dr. Bailey Skin Care, LLC may ship Product that is substantially similar, but not identical to a Product ordered.
Limitation of Liability
YOU AGREE THAT YOUR REMEDIES AGAINST DR. BAILEY SKIN CARE, LLC IN CONNECTION WITH USING THIS WEBSITE ARE LIMITED AS PROVIDED IN THIS PARAGRAPH. DR. BAILEY SKIN CARE, LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, TO THE FULL EXTENT PERMITTED BY LAW. DR. BAILEY SKIN CARE, LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM PRODUCT NOT BEING AVAILABLE FOR USE, LOST PROFITS, LOSS OF BUSINESS OR DAMAGES FROM THE USE OF A PRODUCT, INCLUDING WHEN USED IN A MANNER INCONSISTENT WITH INFORMATION PROVIDED ON THIS WEBSITE OR ON THE PRODUCT PACKAGING OR CONTAINER. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OR USE OF PRODUCT, DR. BAILEY SKIN CARE, LLC IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT INVOICED FOR THE APPLICABLE PRODUCT.
You and Dr. Bailey Skin Care, LLC agree that this Agreement, any sales thereunder, or any claim, dispute or controversy (whether in contract, tort, or otherwise, whether preexisting, present or future, and including statutory, consumer protection, common law, and equitable claims) between you and Dr. Bailey Skin Care, LLC arising from your use of the website or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement, Dr. Bailey Skin Care, LLC's advertising, or any related purchase shall be governed by the laws of the State of California, without regard to conflicts of law.
Any claim, dispute, or controversy, relating in any way to your visit to Dr.BaileySkinCare.com or to products you purchase through Dr.BaileySkinCare.com shall be submitted to arbitration in except that, to the extent you have in any manner violated or threatened to violate Dr. Bailey Skin Care, LLC’s intellectual property rights, Dr. Bailey Skin Care, LLC may seek injunctive or other appropriate relief in any State or federal court in the State of California, and you consent to exclusive jurisdiction and venue in such courts. The arbitration shall be conducted by Resolution Remedies (contact at http://www.resolutionremedies.com/home.htm) in accordance with the rules for arbitration provided under California law, as modified by this Agreement. Resolution Remedies shall select the arbitrator. The location of the arbitration shall be the Sonoma County office of Resolution Remedies. Each party shall pay their share of fees as required by Resolution Remedies prior to the commencement of the arbitration proceedings. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. If any customer prevails on any claim that affords the prevailing party attorneys’ fees, or if there is a written agreement providing for fees, the Arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law. Otherwise, each party shall pay for its own costs and attorneys’ fees, if any. The address for filing claims with Resolution Remedies and additional information about Resolution Remedies can be obtained from their website: www.resolutionremedies.com.
Changes to Terms and Conditions; Amendments to Your Agreement; Severability
Dr. Bailey Skin Care, LLC reserves the right to make changes to this website, policies, and these terms and conditions at any time. You are expected to review these terms and conditions from time to time to be familiar with the current terms and conditions. Terms and conditions published as of the date of a purchase will apply to that purchase. You may not alter, supplement or amend these terms and conditions for your situation unless you do so in an express writing signed by you and Dr. Bailey Skin Care, LLC, which specifically states the alteration, supplement or amendment for your situation. Email documents from Dr. Bailey Skin Care, LLC are not sufficient for this purpose. If any of these terms shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of the remaining terms.
(Revised August 2019)