Terms and Conditions of Subscriptions – Dermal Dab

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Terms and Conditions of Subscriptions

Dermal Dab Cosmeceuticals, LLC permits coupon code discounts to be combined with store discounts for subscription purchases. The coupon code discount is applied only to the first purchase. The store discount is applied to all purchases within the subscription. 
Auto-Delivery Trial Policy
Dermal Dab Cosmeceuticals, LLC offers 10-day no-obligation trial period. The client understands that he/she will be released from obligation of future payments and fees if he/she is not delighted with the products received. To be released from future obligations under the Diamond Dab Program (also referred to as the Auto-Delivery Agreement), client understands they must cancel the Agreement through the client portal or email info@DermalDab.com prior to the end of the tenth day of the trial period. Upon cancellation, the client must reimburse Dermal Dab Cosmeceuticals, LLC for all discounts, shipping fees, and incentives received for terminated subscription products.
Client also understands that if he/she cancels subscription within the trial period, he/she may not be eligible for another subscription for 90 calendar days. If client is entitled to a refund,  Dermal Dab Cosmeceuticals, LLC may respond with additional return instructions that must be completed prior to issue of refund. Cancellation requests beyond the 10-day no-obligation trial period are subject to termination fees described in the Auto-Delivery Cancellation Policy.
Auto-Delivery Cancellation Policy
Client agrees to purchase six shipments within a twelve month period. If for any reason the Agreement is cancelled before its six-delivery obligation is fulfilled, the client must reimburse Dermal Dab Cosmeceuticals, LLC for all discounts, shipping fees, and incentives received under this agreement AND pay $50 early termination fee. Upon terminating this contract, the discount and shipping reimbursement, and early termination fee shall become due and will be debited from Client’s payment account immediately.
If client is unable to log into their portal to manage their account, client can send the notice of cancellation via e-mail to info@DermalDab.com at least 7 business days prior to the auto-charge date. If the notice of cancellation is given within 7 business days of the auto-charge date, client agrees that notice will serve as notice of cancellation for the following delivery. Client agrees to allow the credit/debit card provided to be charged on a reoccurring basis approximately 3 business days prior to the shipment of the products ordered.

Client agrees that the billing cycle will begin on the date of the initial purchase and will automatically recur until proper notice (as previously explained in this agreement) is given.  In the event this Agreement is carried to term, the selected program will automatically continue on a month-to-month basis following the first full Agreement period and will be considered active until such program has been cancelled as provided for in this cancellation policy.

Dermal Dab Cosmeceuticals, LLC reserves the right to occasionally offer or rescind paid in full discounts. Paid in full clients who wish to cancel the Auto-Delivery Program will be refunded the balance after all discounts, credits, and said fees have been applied.
Client’s Default    
Client shall be deemed in default of this Agreement upon the failure to comply with any of the terms and conditions of this Agreement, including, but not limited to, the obligation to make any payment as and when due. Upon default, Dermal Dab Cosmeceuticals, LLC shall have all rights and remedies available to it, including termination of this Agreement and institution of an action for all applicable damages pursuant to this Agreement. In the event the Client’s account becomes past due and all attempts to arrange payment have failed, Dermal Dab Cosmeceuticals, LLC will put the account in collection to another party and Client may be subject to collection fees of 33%, court cost fees, and any other costs expended to collect.
In the event of a returned check for insufficient funds, declined or disputed credit card charge, and/or missed appointments, Client may be subject to a fee of $35.00. If Dermal Dab Cosmeceuticals, LLC delays or refrains from exercising any rights under this Agreement, Dermal Dab Cosmeceuticals, LLC does not waive or lose those rights.  If Dermal Dab Cosmeceuticals, LLC accepts late or partial payments from Client, Dermal Dab Cosmeceuticals, LLC does not waive the right to receive full and timely payments and other charges due under this Agreement.

Client Consent
Client consents to and releases each of Dermal Dab Cosmeceuticals, LLC from any liability resulting from Dermal Dab Cosmeceuticals, LLC’s use of Client’s name and likeness in Dermal Dab Cosmeceuticals, LLC advertising, promotional and marketing materials, client lists, Web Site, and/or other public relations documents.  
Arbitration and Attorney’s Fees.
Any controversy between the parties arising out of this Agreement shall be submitted to McMurray Dispute Resolution for binding arbitration in Alexandria, VA. The costs of the arbitration, including any administration fees set forth by McMurray Dispute Resolution, the arbitrator’s fee, and costs for the use of facilities during the hearings, shall be borne equally by the parties to the arbitration. In the event that any dispute between the parties should result in arbitration, the prevailing party in such dispute shall be entitled to recover from the other party all reasonable fees, costs, and expenses of enforcing any right of the prevailing party, including without limitation, reasonable attorneys’ fees and expenses, all of which shall be deemed to have accrued upon the commencement of such action or arbitration and shall be paid whether or not such action is prosecuted to judgment.  For purposes hereof, “prevailing party” shall mean the party who is determined in the proceeding to have prevailed or who prevails by dismissal, default or otherwise.  Any judgment or order entered in such action shall contain a specific provision providing for the recovery of attorney fees and costs incurred in enforcing such judgment and an award of prejudgment interest from the date of the breach at the maximum rate of interest allowed by law. 

The purchasing Client parties agree that if any provision or portion of this Agreement is declared void and unenforceable, such provision or portion of a provision shall be deemed severed from this Agreement, which shall otherwise remain in full force and effect. Further, if any such provision or portion of a provision may be reduced, and/or narrowed in scope, such provision or portion of a provision shall be reduced or narrowed and so enforced. Client specifically waives any right of any type, which would invalidate the enforceability of any provision or portion of this Agreement.

Liability Statement
Dermal Dab Cosmeceuticals, LLC uses only high-quality, professional, FDA approved, cosmeceutical-grade ingredients; however, Dermal Dab Cosmeceuticals, LLC assumes no responsibility for allergic or adverse reactions. Dermal Dab Cosmeceuticals, LLC advises Clients to perform a patch for each new product purchased. Clients agree to indemnify and hold Dermal Dab Cosmeceuticals, LLC harmless from all legal action.

Successors and Assigns; Governing Law
Client agrees that all terms and conditions of this Agreement shall be binding upon the heirs, personal representatives, lawful successors, and assigns of Client. This Agreement shall be governed and enforced in accordance with the laws of Virginia. 
Dermal Dab Cosmeceuticals, LLC reserves the right to change the terms and conditions without notice. For a copy of the terms and conditions, email a request to Info@DermalDab.com.