Terms and Conditions

TERMS & CONDITIONS

PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS BEFORE PLACING AN ORDER ONLINE OR OVER THE TELEPHONE, OR OTHERWISE USING THIS WEBSITE.

This website (hereinafter, the “Website”) is owned and operated by “Dr. Kinsella Skin Ltd” (hereinafter “Dr. Kinsella”, “us”, “we” or “our”). These Terms and Conditions of Purchase and any amendments or supplements to it, together with our Privacy Policy (hereinafter, the: “Agreement”) form a legally binding agreement between you and Dr. Kinsella. This Agreement applies on any use of the Website, any order you place through the website or by telephone, and, your use or attempted use of our products and services (hereinafter, “Your Use”). Your use of the Website shall be as if you signed this Agreement.

IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT USE THE WEBSITE, DO NOT ORDER, AND DO NOT USE ANY DR. KINSELLA SKIN LTD PRODUCTS.

Eligibility

In order to use the Website, you must be 18 years or older and have the power to enter into a binding contract with us and not be barred from doing so under any applicable laws.

User Content

Subject to this agreement, you may upload any photographs, comments, video clips, reviews and other communications and content to the Website (“Your Content”). Unless we indicate otherwise, by posting or submitting Your Content to the Website, you grant Innocan the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content, and the name submitted in connection with such content, throughout the world in any media now known or hereafter conceived and free to use any ideas, concepts or know-how contained in Your Content for any purpose whatsoever including, but not limited to, developing, manufacturing, distributing and marketing products using such information. You declare that you own or otherwise control all of the rights to Your Content; & that Your Content is accurate; & that use of Your Content does not violate this Agreement and will not cause injury to any person or entity; & that you will indemnify Innocan for all claims relating to Your Content. Innocan takes no responsibility and assumes no liability for any of Your Content posted by you or any third party.

Conditions of use

You must not use the Website in a way that violates the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of the Website. You may not without our prior written consent do all the follows: copy, reproduce, rent, lease, loan, sell or use in any way content retrieved from the Website; modify, distribute, or re-post any content on the Website for any purpose; or use the content of the Website for any commercial exploitation whatsoever, not to disrupt or interfere with the security and / or the sources of the Website, not to upload any type of harmful files and / or viruses. Not to use the Website in any harmful way referring to all applicable laws regarding your use of the Website.

Intellectual Property Rights

The website is protected by copyright, trademarks, patents, or other proprietary rights and laws. Dr. Kinsella may remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, Dr. Kinsella may terminate access by users who appear to infringe the copyright or other intellectual property rights of Dr. Kinsella or others. Nothing contained in this Agreement or on the Website shall be construed as conferring any other licence or right, expressly, by implication, by estoppel, or otherwise under any of Dr. Kinsella or a third party’s Intellectual Property Rights. Any rights not expressly granted herein are reserved.

Trademarks

“Dr. Kinsella” is a well-known Trademark as well as registered as an international TM (hereinafter: “TM”). You have no right to use the TM in any way what-so-ever. Using the TM without gaining a written approval from Dr. Kinsella is an infringement of our Intellectual Property rights.

Information on the Website

Information (including, without limitation, advice and recommendations) in the Website is not intended to medically advise or diagnose. Always consult your doctor before beginning any new treatment. Innocan is not responsible for any damage and / or action caused by the information on the Website.

Disclaimer of Warranties

The Website is to use “AS IS” and “AS AVAILABLE” basis. Dr. Kinsella disclaims all warranties of any kind, express or implied. Dr. Kinsella does not hold responsibility if the Website does not meet your requirements or access to the Website will be uninterrupted, secure or error-free. Dr. Kinsella is not responsible for the results and / or implications that can be obtained from the use of the Website. You agree that any information you obtain through the use of the site is at your own risk and that you will be solely responsible for any damage to your computer system or loss of data caused as a result.

Links

The Website may provide links to other websites and/or resources, including advertisers, over which Dr. Kinsella has no control. These links are provided solely as a convenience to users and should not be construed as an endorsement by Dr. Kinsella of content, items, or services on those third-party websites.

Purchasing

Dr. Kinsella reserves the right, without prior notice, to discontinue or change specifications prices on products and / or other purchase terms and / or anything else on the website. Innocan will try, but will not warrant that the prices quoted on the Website are correct, and to describe the items available on the Website as accurately as possible.

If a product described on the Website is not as described when you receive it, or the packaging on the Website does not match the product you receive, you can return it to us in an unused and undamaged condition in accordance with our Return Policy.

Dr. Kinsella reserves the right to revoke any stated offer to correct any errors, at all stages of the order even after credit card charges.

If you order a product, payment must be received by Dr. Kinsella prior to Dr. Kinsella’s acceptance of the order. Dr. Kinsella may require additional information regarding your order if you have not provided all of the information required, and may cancel or limit an order any time after it has been placed.

Your order is expressly conditioned on acceptance of this Agreement. Once an order has been completed, and authorization and a form of payment has been received, we will promptly locate the item you have ordered to place them in line for shipment. All items are subject to availability. We will promptly inform you if the product you have ordered is not available and we may offer you an alternative product of approximately equal quality and value.

Dr. Kinsella does not accept orders from dealers, wholesalers, or customers who intend to resell items offered on the Website. If Dr. Kinsella discovers that you are placing orders with the intent to resell items offered on the Website, we will immediately cancel your order, suspend or terminate your account, and pursue any and all available legal remedies from you under applicable law. If we discover that there was an order with fake or stolen cards, Dr. Kinsella will also report to federal, state and/or local enforcement authorities.

Shipping and Risks

Dr. Kinsella will add shipping and handling fees to your order. Unless otherwise noted, Dr. Kinsella will use commercially shipment carriers to ship products within a reasonable time after receipt of your properly completed order. The delivery time is an estimate & Dr. Kinsella is not responsible for any delays or errors.

You understand that product availability may be limited and particular products may not be available for delivery, in which case the products will be delivered when they become available. If your order will be delayed (either from the date specified at the time of order or, if no date was specified, beyond 30 days from the date of your order, Dr. Kinsella will try to contact you. If Dr. Kinsella cannot contact you or you no longer wish to receive the item, Dr. Kinsella will cancel the order and promptly refund the amount tendered, and will do so within 14 business days if made using a third-party credit card, such as a Visa or Mastercard. Dr. Kinsella shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery. The risk of loss and title for such items pass to you upon our delivery to the carrier. 

The SALES TAX would be according to the country from which the order was made. Payment Information will be yours or for which you are authorised to provide. Dr. Kinsella shall have the right to cancel your order at our sole discretion & when deemed appropriate. International Orders. Dr. Kinsella will accept orders for the purchase of its products only from non-U.S. residents, the acceptance of such orders and the sale of such products will be subject to applicable law in the country from which the order was made. You are obligated and responsible to provide current, complete, and accurate information for your billing account. You will not have a claim in this regard.

All prices posted on this website are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Posted prices do not include taxes, including value added taxes, custom or import duties, or other governmental fees (collectively, “Taxes”), or charges for shipping and handling. You are solely responsible for the payment of all Taxes incurred or otherwise applicable to your order.

Return Policy

Money back guarantee – Dr. Kinsella will refund your payment when your product is timely returned or cancelled within 30 business days of receipt of the product if purchased through the website. Refunds will only be granted to only unopened and untampered products, unless you have reported your goods as damaged within three days of receiving the goods then unfortunately no refund can be granted. If you are still uncertain about your right to return the product, you may contact Customer Service for assistance on [email protected]

Electronic Signatures

You acknowledge that you agree to accept all of the electronic information and communicated such as agreements on the Website will be delivered to you by electronic means such as e-mail and shall have the same force and effect as if they were in writing and signed by the party. You further acknowledge and agree that by clicking “SUBMIT”, “DOWNLOAD”, “I ACCEPT” or similar links, you are submitting a legally binding electronic signature and are entering into a legally binding contract that is valid in any jurisdiction.

Communications

You agree that all telephone calls with Dr. Kinsella will be recorded. You verify that any contact information provided by you is true and accurate. You agree to receive telephone calls, e-mails, pre-recorded voice messages and/or autodialed calls (including text messages) by or on behalf of Dr. Kinsella relating to this Agreement, any purchase or transaction with Dr. Kinsella, matters related to your account (including debt collection), and promotions regarding Dr. Kinsella products. These communications may be made by or on behalf of Dr. Kinsella, even if your phone number is registered on any state or federal Do Not Call list. Dr. Kinsella will not be responsible for any charge you may have as a result.

Dr. Kinsella may obtain, and you expressly agree to be contacted at, e-mail addresses, mailing or shipping addresses and phone numbers provided by you directly or obtained through other lawful means, such as skip tracing. You agree to provide Dr. Kinsella notice within 30 days of any change to your contact information through Customer Service.

Limitation of Liability

You understand and agree that under no circumstances will Dr. Kinsella, or any legal entity associated with it, be liable for any form of damages. This includes, without limitation, any loss of capacity use, loss of profits, loss of data, loss of goodwill, costs of alternative service delivery, or any other indirect, special, incidental, or consequential damages. This applies regardless of how the damage was caused, and any theory of liability, whether for breach of contract, tort (including strict liability negligence) or otherwise arising from the use of or inability to use the Website, items purchased on the site, or the cost of alternative service or sections.

Indemnification

In result from or in any way connected with your use of the Website, and / or information you submit or transmit through the Website, and / or privacy, tort or other claims relating to the provision of personal information to Innocan that is not owned by you, in contravention of this Agreement, and / or your breach of this Agreement, you declare and agree to indemnify and hold harmless Innocan, its shareholders, directors, officers, employees, agents, co-branders, suppliers, subsidiaries, and affiliates, from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys’ fees and costs of litigation and all other and any other damage that could be caused of the above.

Remedies

In the event of any breach or threatened breach by you of this Agreement, we shall be entitled to seek an injunction and / or other equitable relief restraining such breach. Nothing in this Agreement shall be construed as prohibiting Dr. Kinsella from pursuing any other remedies available. No delay by Innocan in exercising any right or remedy under this agreement shall operate as a waiver of that right or remedy or shall affect Dr. Kinsella’ s ability to subsequently exercise that right or remedy. Any waiver must be agreed to by Dr. Kinsella in writing.

Termination of Website

You accept and agree that Dr. Kinsella may, without prior notice, in its sole decision, and at any time, terminate or suspend its operation of the Website or your use of

the Website, for any reason that Dr. Kinsella deems appropriate, and Dr. Kinsella will not be liable to you or to any third party for the consequences of such termination or suspension. In the event of any termination of your use of or access to the Website, you agree that this Agreement shall survive any such termination. Any representations, warranties, and indemnification obligations made or undertaken by you will survive cancellation or termination of your account or relationship with Dr. Kinsella.

Exclusive Jurisdiction

The authorised courts in the UK shall have the exclusive right to hear any dispute pertaining to this Agreement, its interpretation and execution.

Terms of this agreement update

Dr. Kinsella may change and / or update this agreement, from time to time, in its sole discretion, without notice to you. Your continued use of the Website constitutes your acceptance of any changes.

Third party & agreement supersede

Dr. Kinsella may assign, transfer, or subcontract any of our rights or obligations under this agreement to any third party at our discretion.

This agreement supersedes any other terms previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise.

DISCLAIMER

The contents of this website are for informational purposes only and do not constitute medical advice; the Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of a physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this website.

Individual customer experiences with Dr. Kinsella skincare products or any other Dr. Kinsella products may vary with respect to both effectiveness, and potential adverse reactions. Results given in testimonials are from real customers who have used Dr. Kinsella products, but similar results are not guaranteed. Individual results may vary depending on skin type, sensitivity, age, and skincare history, as well as how the product is applied and additional personal characteristics.

Before use, it is advisable to test the product on a small area of skin to check for sensitivity or allergic reaction. Should irritation occur, adjust usage accordingly. If irritation persists, discontinue use, and in the unlikely case of severe irritation seek professional medical advice. Dr. Kinsella accepts no responsibility or liability for any adverse consequences resulting directly or indirectly from the use of our products.

Contact your doctor immediately if you suspect that you have a medical problem or emergency.