DERMAFLASH, the DERMAFLASH logo, our hummingbird design, FROM FUZZY TO FABULOUS IN A FLASH, and other marks displayed on our Site are the proprietary service marks or trademarks of DD Karma or third parties.DD Karma’s marks may not be used in connection with any product or service that is not DD Karma’s, in any manner that is likely to cause confusion among consumers, or to disparage or discredit DD Karma or any officers, members or employees thereof. Any and all other trademarks and service marks not owned by DD Karma that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by DD Karma. You may not use, copy, modify or display any of the trademarks, service marks, or names appearing on the Site without the express written permission of the respective owner thereof.
All content contained in this Site, including, but not limited to, product images, product descriptions, pricing information, works of authorship, articles, blogs, software, design, text, graphics, photographs, logos, button icons, images, videos and data compilations; any improvements or modifications to such content; any derivative works based thereon; and the collection, arrangement and assembly of all content on this Site, are the property of DD Karma or its licensors and are protected by copyright and other intellectual property laws. You may not use, copy, modify or display any such content without the express written permission of the respective owner thereof.
The Site may include information regarding DD Karma and its products and/or services, and/or other materials proprietary to DD Karma, including without limitation, links to third party blogs and/or other websites. You may download, view, copy and print such information and materials and any other aspect of this Site (i) solely for your personal, non-commercial purposes; and (ii) provided that neither the information or materials, nor any proprietary notices or disclaimers therein, are modified, obscured or altered.
You may not use any portion of the Site or any of our products or services, for any illegal purpose or in any other manner that violates any applicable local, state, national or international law, rule, regulation or order of any court.
You agree you will not interfere, in any way, with others’ use of or access to the Site and will not attempt to gain unauthorized access to the computer system of any other Site user.
You agree you will not use any robot, spider or other automatic device, manual process or application or data mining or extraction tool to access, monitor, copy or use the Site. You also agree not to (i) take any other action that imposes an unreasonable or disproportionately large load on the Site or upload or transmit to the site any computer viruses, worms or other harmful code, (ii) use the Site to collect or track the personal information of others, or (iii) interfere with or circumvent the security features of the Site, other websites, or the Internet.
Except as expressly provided herein, you may not use, download, upload, reproduce, copy, duplicate, print, display, perform, republish, sell, license, post, transmit, disseminate, redeliver using “framing technology,” otherwise distribute, or commercially exploit in any way, the Site or any portion thereof or any information or content on the Site, without the prior written permission of DD Karma. In addition, you agree not to link to any page of the Site without express prior written permission.
You may register for an account with DD Karma via our Site. When creating your account, you must provide accurate, complete and current information. You acknowledge you are fully and solely responsible for all activities that occur through the use of any password, user ID or other access methods (each, an “Access Method”) you may be granted as a user of the Site, whether or not such use is authorized by you, and for keeping your Access Methods secure. You agree not to access or attempt to access any password-protected portions of the Site, including any online account you may have with DD Karma, without an authorized Access Method or through any means other than by utilizing your authorized Access Method on the appropriate web page or web tools. Furthermore, you agree to notify DD Karma of any and all unauthorized uses of any account you may have with DD Karma and/or any thefts, losses or other breaches of security with respect to any of your Access Methods.
DD Karma does not guarantee that any information on the Site, including product descriptions and pricing information, shipping timetable are accurate, complete, reliable, current or error-free. Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and/or availability. All product descriptions, product prices, product availability and products are subject to change at any time, without notice to you. For example, products displayed on the Site may be unavailable, have different attributes than those listed or have a different price than that stated on the Site. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Site is inaccurate at any time without prior notice (including after you have submitted an order).
We undertake no obligation to update, amend or clarify information on the Site, including without limitation, pricing information, except as required by law. No specified update or refresh date displayed on the Site should be taken to indicate that all information on the Site is up to date.
When you visit this Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that we may send email to you for the purpose of advising you of changes or additions to this Site, about any of our products or services, or for such other purposes as we deem appropriate.
User Submissions. We may allow Site users to rate and/or review our products or services and/or to post other information or content. Any material, information, suggestions, ideas, feedback, concepts, know-how, techniques, questions, comments, suggestions, proposals, photos, videos or other content you or others transmit or post to or via this Site in any manner, including but not limited to any such information or materials in relation to any products or services provided via the Site (“User Submissions”) is and will be considered non-confidential and non-proprietary. We may, but are not obligated to, monitor or review any User Submissions. We shall have no obligation to monitor, use, return, review or respond to any User Submissions, and WE WILL HAVE NO LIABILITY RELATED TO SUCH USER SUBMISSIONS, WHETHER OR NOT ARISING UNDER THE LAWS OF COPYRIGHT, LIBEL, PRIVACY, OBSCENITY, OR OTHERWISE. We retain the right (but have no obligation) to remove any or all User Submissions that includes any material we deem inappropriate or unacceptable in our sole and absolute discretion.
Your User Submissions. You shall be solely responsible for the User Submissions you post and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Submissions. You may not post or transmit in connection with this Site any User Submissions that:
You hereby grant to us, our successors and affiliates, and our service providers, a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all User Submissions you communicate through this Site, and to incorporate any User Submissions in other works in any manner, media or territory whatsoever, currently existing or as may be hereinafter devised, on an unrestricted basis and without any attribution, compensation or royalties to you. We may use any User Submissions in our business (including, without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in our future business operations.
Third Party User Submissions. You understand and agree that you may be exposed to User Submissions that are inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that we shall not be liable for any damages you allege to incur as a result of User Submissions. DD KARMA DOES NOT NECESSARILY ENDORSE, SUPPORT, SANCTION, ENCOURAGE, VERIFY, OR AGREE WITH ANY COMMENTS, OPINIONS, OR STATEMENTS OF THIRD PARTIES AS MAY BE DISPLAYED ON OR TRANSMITTED VIA THE SITE. ANY INFORMATION OR MATERIALS PLACED ON THE SITE BY OUR USERS ARE THE VIEWS AND RESPONSIBILITY OF THOSE WHO POST THE STATEMENTS, AND DO NOT NECESSARILY REPRESENT THE VIEWS OF DD KARMA.
Testimonials. Your User Submissions may include testimonials relating to your personal experiences with DD Karma, its products or this Site (a “Testimonial”). You agree that we are under no obligation to use your Testimonial. By submitting a Testimonial you hereby consent, without further consideration or any right of approval or attribution, to the use of your [likeness, voice, name (limited only to your first name, first initial of last name, city and state] and/or any statements made in such Testimonial in the dramatization, publication, display, copying, reproduction, performance and/or distribution, throughout the world, by or on our behalf of any image or photograph you submitted in a Testimonial in connection with the creation of marketing/sales print advertising, or website content including, without limitation, this Site, or an audiovisual work to be used by us or a third party authorized by us, in whole or in part, in any way we deem appropriate and for any purpose whatsoever in any medium now existing or hereafter devised, including, without limitation, the Internet. You waive any rights of privacy and publicity, moral or other rights you may have in any such Testimonial.
You acknowledge that, at any time, DD Karma may provide links to the websites of third parties via the Site. DD Karma is not responsible for the content of any links, or any products, services or other materials relating to any linked site, or any link contained in a linked site, or for monitoring any use by you thereof. The display of any link does not imply endorsement by DD Karma of the linked site or any content thereof. Any complaints regarding any such sites or their content should be directed to the applicable third party(ies). IN NO EVENT WILL DD KARMA BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY AVAILABILITY, USE, CONTINUED USE OR RELIANCE ON ANY PRODUCTS, SERVICES OR OTHER MATERIALS RELATING TO ANY LINKED THIRD PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE.
You should not consider any content on the Site to constitute professional medical advice or other advice. NOTHING ON THE SITE SHOULD BE CONSTRUED AS A RECOMMENDATION OF ANY TREATMENT OR TRANSACTION BY DD KARMA, ITS AFFILIATES OR ANY THIRD PARTY. ALL CONTENT ON THIS SITE IS IMPERSONAL AND NOT TAILORED TO THE NEEDS OF ANY SPECIFIC PERSON.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE, AND/OR ANY INFORMATION, USER SUBMISSIONS, CONTENT, PRODUCTS, SERVICES AND MATERIALS CONTAINED IN, ACCESSED OR PURCHASED VIA, OR DESCRIBED ON THE SITE, IS AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION, USER SUBMISSIONS, CONTENT, PRODUCTS, SERVICES AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DD KARMA MAKES NO, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS AND/OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND USE OF THE SITE, THE AVAILABILITY, QUALITY OR FUNCTION OF ANY PRODUCTS OR SERVICES WE MAY OFFER VIA THE SITE, OR ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES ON OR ACCESSED VIA THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, DD KARMA DOES NOT REPRESENT OR WARRANT THAT ANY USER SUBMISSIONS OR OTHER CONTENT ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT, AND DD KARMA IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM YOUR RELIANCE ON SUCH INFORMATION OR ANY OTHER ASPECT OF THE SITE OR ANY OF OUR PRODUCTS OR SERVICES. FURTHER, DD KARMA MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE OR ANY OF OUR PRODUCTS OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.
IN NO EVENT SHALL DD KARMA OR THE OFFICERS, MEMBERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF DD KARMA, OR ANY OF OUR SUPPLIERS, SERVICE PROVIDERS OR LICENSORS (COLLECTIVELY, THE “DD KARMA PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND ARISING OUT OF THE AVAILABILITY OF, USE OF, ACCESS TO, PURCHASE OF, RELIANCE ON, INABILITY TO USE OR IMPROPER USE OF THE SITE, OR ANY INFORMATION, USER SUBMISSIONS, CONTENT, MATERIALS, PRODUCTS OR SERVICES DISPLAYED OR MADE AVAILABLE THEREIN (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE.
IN THE EVENT OF ANY PROBLEM WITH THIS SITE OR ANY CONTENT HEREOF, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS SITE. IN THE EVENT OF ANY PROBLEM WITH ANY PRODUCTS OR SERVICES PURCHASED VIA THE SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT, OR FOR DD KARMA TO REPERFORM THE APPLICABLE SERVICE, IN ACCORDANCE WITH OUR RETURNS POLICY. [DD KARMA: LINK TO RETURNS POLICY]
LAWS OF CERTAIN STATES OR OTHER JURISDICTIONS DO NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, AND THUS SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
At any time, without notice to you, and for any or no reason, DD Karma may modify or discontinue the Site in whole or in part, including any of our products or services, the prices therefore, and any other content of our Site. DD Karma shall in no way be held liable for any consequence which results from DD Karma’s decision to modify or discontinue providing the Site, including any of our products or services or other content thereof.
DD Karma may refuse to provide you any of its products or services or otherwise prohibit you from using or accessing the Site, in whole or in part, for any or no reason, at any time, in its sole discretion, without notice to you.
This Site is not intended for children and, hence, we will not knowingly collect or solicit personally identifiable information from anyone under 18 years of age. In addition, we do not permit persons under 18 years of age to purchase products or services via the Site or register for an account on the Site.
This Site is controlled and operated by facilities located in the United States of America, and we make no representations that the Site is appropriate or available for use in any other locations. Unless otherwise explicitly stated, the Site and all content thereof (including all products made available via the Site) are directly solely to individuals, companies and other entities located in the United States. Those who access or use this Site from locations outside the United States do so at their own volition and are entirely responsible for compliance with all applicable laws and regulations, including import and export regulations.
Without limiting the generality of the foregoing, none of the products or underlying information or technology available via the Site may be downloaded or otherwise exported (i) into (or to a national or resident of) Iraq, Iran, Libya, North Korea, Sudan, Syria, or any other country to which the United States has embargoed goods; or (ii) to anyone on the United Stated Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading from, or using the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. You further agree to indemnify DD Karma against any and all costs, liabilities, losses or expenses arising from, or relating to, any asserted violation by you of any of the laws and administrative regulations of the United States relating to the control of exports of commodities and technical data.
DD Karma respects the intellectual property rights of others. If you believe that any content on this Site may infringe your copyrights or other intellectual property rights, please provide DD Karma the written information specified below. Please note that this procedure is exclusively for notifying DD Karma that your intellectual property rights have been infringed.
DD Karma’s agent for notice of claims of copyright infringement or other intellectual property infringement on the Site can be reached as follows:
DD Karma, LLC.
111 W. Illinois St.
Chicago, IL 60654
Should you choose to use our online store, such use is subject to the following additional terms and conditions, as well as the general terms and conditions set forth above.
Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to our Returns Policy.
We have endeavored to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products and product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time.
Any offer for any product or service made on this Site is void where prohibited. The products and services described on the Site are offered only in jurisdictions where they may be legally offered for sale. In no event shall the information on this Site be deemed an offer to or solicitation of anyone in any jurisdiction in which an offer or solicitation cannot legally be made, or to any person to whom it is unlawful to make a solicitation.
You can choose products and services we make available on the Site and collect them in a shopping basket by using the button [“Add to Shopping Cart, Shop or Buy Now”] If, after fully completing the order page, you click on the button [“Checkout or complete order”] you make an offer to buy the products and services in the shopping cart. All information you provide in connection with a purchase of a product or service must be accurate, complete, and current. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
By placing an order through the Site, you warrant that you are:
[Prior to completing your order, you can access a summary page which allows you to see and change the selected products and services and other information relating to your order. After completing an order, you will receive an e-mail acknowledging that we have received your order and including an order reference. Your order constitutes an offer to us to buy a product or service. All orders are subject to acceptance by us. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We only confirm such acceptance to you by sending you an e-mail that confirms that the product or service has been shipped (the “Shipment Confirmation”). A contract for the purchase and sale of products and services between us will only be formed when we send you the Shipment Confirmation. We may require verification of information prior to the acceptance and/or shipment of any order. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We will also normally contact you if we are not accepting your order or part of your order for any reason.] [DD Karma: This is merely sample, placeholder language. Please advise us of your specific procedures relative to orders and shipping.]
Notwithstanding the foregoing, we reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You hereby acknowledge and agree that any prices for such products and/or services are subject to change at any time, without notice. Changes will not affect products and services retrospectively for which we have already sent you a [Shipment Confirmation]. Prices do not include any applicable taxes. You agree to pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
Deliveries are conducted through a warehouse located in the United States. [Unless otherwise set out on the Site, we use reasonable commercial efforts to ship orders within 72 hours or 3 business days thereafter] All delivery dates listed on this Site are estimates.
[When an order is accepted, it will be shipped to an address designated by the customer; provided, however, that we do not ship to P.O. boxes or APO/FPO addresses. All shipments are made pursuant to a shipment contract with an independent carrier not affiliated with, or controlled by, DD Karma or its Site service providers. As a result, we cannot be held accountable for the delivery service. Risk of loss and title for items purchased from this Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. Please see Shipping Policy for a current description of applicable shipping charges on orders.]
Payment for all products and services must be by credit card. We accept payment by the following: Visa, MasterCard, American Express and Paypal.
You agree to pay all charges incurred by users of your credit card or online payment processor used in connection with a purchase at the prices in effect when such charges are incurred. We will not ship your order until we charge your credit card or online payment processor.
Please see Returns Policy for a description of DD Karma’s policy regarding returns and exchanges of product or services.
All notices given by you to us must be given to us via email, letter or telephone, using our contact details set out below. We may give notice to you at either the email or postal address you provide to us when placing an order. [Notices by DD Karma will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent or seven (7) days after the date of posting of any letter.] In proving the service of any notice, it will be sufficient to prove, in the case of a letter that such letter was properly addressed, stamped and placed in the post, and in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
It is our policy to sell our DERMAFLASH products only on our website and via those retailers we have expressly authorized to sell our products. Products obtained from other sources may be counterfeit or otherwise compromised. Please help us ensure that any DERMAFLASH products you use are genuine, by purchasing our products only from our website or another seller we have authorized to sell our products.
Currently, we have authorized to sell our products on the websites and brick and mortar stores of Bergdorf Goodman, Neiman Marcus (as of February 15, 2016), Hudson’s Bay, Sephora, Macy’s, Nordstrom, Lovelyskin, Dermstore, Ulta, and the website and television distribution channels of QVC (as of February 2, 2016), LaPrima Shops, Dine & Dwell (as of June 2017). All other sellers are unauthorized and warranties will not be honored for purchases from these sellers. Unauthorized retailers may include any other department stores, flea markets, auction sites, grocery stores, drugstores, and discount establishments.
Should you see any DERMAFLASH products for sale by anyone other than our authorized retailers, or are not sure whether a particular retailer is authorized, please alert us immediately by emailing us at firstname.lastname@example.org and let us know the name, city and state of the location offering our products.
Our limited, 1-year warranty covers defects in materials and workmanship of your device as long as you purchased and used in the United States or Canada from an authorized retail partner or directly at DERMAFLASH.com.
The limited warranty begins on the date of original purchase and expires one year later. The warranty period is not extended by any time period even if replaced by the Manufacturer, during the warranty period.
What to do if your DERMAFLASH® device stops operating during the warranty period? If the hand piece has been fully charged and is loaded with a working contour edge, but not operating, or if the base fails to charge the hand piece contact our Consumer Service Department at 1-888-821-1289.