Terms and Conditions

Intracellular Ltd Terms and Conditions Last updated on September 1st, 2017

These terms of service (“agreement”) are a legal agreement between you (“you”, “your”, or “customer”) and Intracellular Ltd (“we” or “Intracellular”), the owner and operator of the website (the “Sites”). This agreement states the terms and conditions that govern your use of the sites and the products and subscriptions sold on it. By accessing and using the Sites, you are indicating that you accept, and agree to comply with this agreement. If you do not accept this agreement, you are not permitted to, and you must not, access or use the sites or purchase products or subscriptions from the sites. By signing up for a Subscription (as defined below), you represent, acknowledge and agree that you are at least the age of majority in your jurisdiction of residence, or if you are under the age of majority in your jurisdiction of residence, that you are at least 13 years old, and that you are using the Sites with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to enter into this Agreement. If you are a parent or legal guardian who is registering on behalf of a minor, you hereby agree to bind said minor to this Agreement and to fully indemnify and hold harmless Intracellular if said minor breaches or disaffirms any term or condition of this Agreement.

Changes to Terms, Personal Information/Privacy

1- Terms of Sale

Sales of Products and Subscriptions through the Sites are to End Users Only. If you are interested in purchasing wholesale quantities or in a commercial capacity, please email us using form available in the contact us section for more information. We reserve the right to limit the quantity of subscriptions purchased per person, per household or per order. The Subscription and all rights and privileges conferred are personal and non-transferable.

2- Pricing

Memberships are offered by Intracellular through the Sites are only an offer to conclude a sales contract. The sales contract is only concluded upon the confirmation of the order by e-mail by Intracellular to You. The price of a product as shown on the Sites does not include any applicable taxes or shipping fees unless unequivocally specified otherwise. The total price of your order will be reflected on our final checkout page. An order receipt shall be sent to the email address you provided during sign up showing the final total price as well. The net price for Products and Subscriptions can be found on Intracellular then-current pricing page located on the Sites. Intracellular reserves the right to change the prices and fees for Products and Subscriptions at any time, and does not provide price protection or refunds in the event of promotions or price decreases.

3- Payment Methods and Subscription Terms

Intracellular accepts multiple forms of payment including (i) Credit and Debit Cards (Including but not limited to Visa, MasterCard, Diners, Discover, JCB and American Express) and (ii) Direct Bank Debit including but not limited to Sofort, ELV and Giropay. Available payment methods may vary depending on the country detected upon visiting the Site. You agree to pay all fees charged to your account based on Intracellular’s fees, charges, and billing terms in effect as shown on the payment page when you first sign-up for a Subscription or one-time purchase. The total price of your order will be reflected on the final checkout page. An order receipt shall be sent to the email address you provided during sign-up showing the final total price of your purchase as well. You are responsible for paying the amount reflected on the final checkout page. If you do not wish to pay the final amount reflected on the final checkout page, you are welcome to not complete the purchase form. Any applicable taxes shall be based on the address that you provide as the shipping address when you register for a Subscription or one-time purchase. You authorize Intracellular or our third-party payment processing service provider that we engage to charge your credit card for any such taxes and fees. All payments shall be made on the payment method of your choosing in advance prior to shipping the Products. You represent and warrant that you are the authorized holder of the chosen payment method. If your payment method is rejected by its issuer, if you do not pay on time or if your credit card cannot be charged for any reason, Intracellular reserves the right to either suspend or terminate your account and Subscription. The currency for all sales and payments will be clearly stated on the check out page and any subsequent order confirmations.

IMPORTANT NOTICE TO CONSUMER: Intracellular Subscriptions are month-to-month, cancel-at-any-time Subscriptions. At least 7 days prior to your monthly anniversary date, Intracellular will send You an email requesting whether You would like to we renew your Subscription. If we do not get a response within 7 days, we will automatically renew your monthly Subscription. Your Subscription is billed month-to-month and may be cancelled at any time by contacting us.

4- Free trials and other promotions

Any free trial or other promotion that provides free limited access to a Product (a “Free Trial”) must be used within the specified time of the trial period. You will be required to have a valid Payment Method on file to initiate a Trial Offer. You must cancel your subscription before the end of the Trial period to avoid being charged for that Product. If you cancel prior to the end of the Trial period and are inadvertently charged for a Product, please contact us and we will refund and cancel your subscription instantly. Trial Offers are one-time only for new customers and are limited to one per household. Additional terms and limitations may apply and will be detailed at the time you sign up for the Free Trial. Any such additional terms and limitations are deemed part of this Agreement.

5- Auto-renewal for subscriptions

Unless you cancel your Subscription, which can be done at any time by email or by phone, your Subscription will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current price. If you terminate your Subscription, you may be required to return any unused/unopened portions of the Products before we can complete your refund.

6- Billing

We use a third-party payment processor to bill your selected payment method for any Purchases or Subscriptions completed on the Sites. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for errors by the Payment Processor. By choosing to use Products, you agree to pay us, through the Payment Processor, all charges at the prices then in effect and in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen Payment Method. You agree to make payments using that selected Payment Method.

7- Refunds, Cancellations & Credits

When you order any single unit of our products, you are automatically covered by our 100% satisfaction guarantee. Simply contact our Customer Service Team to request your money back and we will credit your original payment method within 4 business days.

7.1 Multi-product orders

If you’ve purchased multiple products during your order and would like to receive a refund, we must first receive any unopened product before we can apply your credit. To do this, please contact our Customer Service Team and we will provide further instructions to return your purchase.

7.2 Subscriptions

If you’ve joined the EternolSkincare Club or have chosen to automatically renew your purchases monthly, you can cancel your subscription by simply contacting our Customer Service department prior to your next rebilling date.

7.3 Our Pricing Policy

If you find a similar product for a lesser price within 30 days of your purchase, we will match the price and offer you a 10% discount on a future purchase of any Intracellular products. Simply contact our Customer Service Team with proof of the product price and description and we will credit your original payment method for the difference within 4 business days.

7.4 Our Exceptional Service Promise

Our promise to you: deliver high quality skincare products and support them with a best in class customer experience, from shopping to delivery. Our Skincare specialists are available 24/7 to help you find the best product for you. If for any reason, you are not entirely enjoying your experience with us, simply contact us and we will attempt to make things better.

7.5 Exceptions

Please note that upon the successful delivery of any Product, shipping fees are not refundable under any circumstances.

Refunds will only be applied to the original payment method used to make your purchase. We will under no circumstances issue a refund by check or through another method.

We reserve the right to refuse a refund if your conduct is deemed to be abusive of our policies.

Additional delays to receive your credit may apply depending on your banking institution which are outside of our control.

8- Changes to the sites

Intracellular may add to, change or remove any part of the Sites, including, without limitation, any Content (as defined below) therein, at any time without prior notice to you.

9- Personal Information

Customers agree to provide accurate, current, and complete information as required for the purchase of the Products and Subscriptions (both as defined below) and to update that information as soon as possible after any information provided changes. Intracellular reserves the right to block further sales to Customers who provide false, inaccurate or incomplete information. Customer acknowledges that Intracellular uses a third-party payment processing service to process orders and bill fees to your credit card.

10- Use of Site

Subject to your compliance with this Agreement, Intracellular hereby grants you a limited, personal, revocable, non-transferable, non-sub licensable, and non-exclusive license to access the Site and use the content, information, text, images, graphics, interfaces, audio and video clips and any other materials displayed on the Site (collectively, the “Content”), solely for your personal, non-commercial use. You may not copy, modify, reproduce, publicly display or perform, distribute, create derivate works from or otherwise use the Content except as expressly set forth in this Agreement. You may not remove any copyright or other proprietary notices from any Content. If you breach any term of this Agreement, your authorization to use the Site and Content automatically terminates without notice to you. You hereby represent and warrant that you will not, nor induce any third party to: 1- attempt to disable or circumvent any security mechanisms used by the Sites or Content or otherwise attempt to gain unauthorized access to any portion of the Sites or Content or any other systems or networks connected to the Sites, or to any server of Intracellular or its third party service providers, by hacking, password “mining”, or any other illegal means; 2- use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the Sites or Content; 3- use any device, software or routine to interrupt or interfere with, or attempt to interrupt or interfere with, the proper operation and working of the Sites or with any other person’s use of the Site; 4- track or seek to trace, harvest or compile any information on any other person who visits the Sites; 5- use the Sites or Content for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by this Agreement or applicable laws, rules or regulations; or 6- copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of any proprietary software used to provide, maintain, or otherwise applicable to the Sites or Content.

11- Shipping and Product Acceptance

The shipment date will be determined according to whichever date is closer to the date of the Customer’s first purchase date. Shipping dates are estimates only. The risk of loss and title for all Products purchased via the Site pass to the Customer upon delivery of the item to the carrier.

12- Proprietary Rights

You hereby acknowledge and agree that Intracellular or its licensors own all legal right, title and interest in and to the Sites and Content, including, without limitation, all intellectual property and other proprietary rights which subsist in the Sites and Content, whether such rights are registered or unregistered, and wherever in the world those rights may exist. Intracellular, Eternol and Eternol are pending trademarks of Intracellular. Other trademarks, names and logos on this Site are the property of their respective owners. Unless otherwise specified in this Agreement, all information and screens appearing on this Site, including Content, sites design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Intracellular. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

13- Third Party Sites and Indemnification

13.1 - Third Party Websites

The Sites may provide links to third party Sites that are not owned or controlled by Intracellular, including, without limitation, Facebook, Twitter and LinkedIn (“Third Party Sites”). We provide such links solely as a convenience to you. Intracellular does not review, approve, endorse, or make any representations about such Third-Party Sites, the companies or persons who own and/or operate them, or any information, software or other products and services made available through such Third-Party Sites, or any results that may be obtained from using them. You should exercise common sense and your own judgment, and if you decide to access any Third-Party Sites linked to the Sites, you do so entirely at your own risk, and you are solely responsible for your activities conducted in connection with such Third-Party Sites. Your use of Third Party Sites is subject to the terms of use and privacy policies located on the linked to Third Party Sites which may be different from this Agreement or our Privacy Policy, including, without limitation, such Third-Party Sites’ password and account security policies and user-generated content posting and acceptable use policies.

13.2 - Indemnification

You hereby agree to defend, indemnify and hold each of the Intracellular Parties harmless from and against, any and all losses, liabilities, damages, and/or claims (including, without limitation, attorneys’ fees and costs) arising from your breach of this Agreement, or otherwise arising from your (or anyone acting under your password) use or misuse of the Sites, Content and/or Products.

The laws of certain jurisdictions do not allow the exclusion or limitation of legal warranties and the exclusion or limitation of representations made concerning goods or services. If these laws apply to you, some or all the below exclusions or limitations may not apply to you. The sites, content, products and subscriptions are furnished to you without warranties, representations or conditions, statutory or otherwise, of any kind. Intracellular, on behalf of itself and its affiliates, licensors, suppliers and third party service providers, and each of their respective directors, officers, employees, contractors, agents, successors, and assigns (collectively, the “Intracellular parties”): 1- expressly disclaims all representations, warranties and conditions, whether express, implied or statutory, including, without limitation, the implied warranties of non-infringement, title, merchantability, and fitness for a particular purpose; 2- does not represent or warrant that the sites, content, products or subscriptions will meet your requirements, or that the operation of the site or content will be timely, uninterrupted, stable, or secure; 3- does not represent or warrant that the sites, content, products or subscriptions will be error-free or that any defects will be corrected; 4- does not represent and warrant that the site will be free of viruses or other harmful components; and 5- does not make any representations, warranties, or conditions regarding the use of the use of the sites, content or products in terms of their accuracy, reliability, timeliness, completeness, or otherwise. Your use of the sites, content, products or subscriptions is entirely at your own discretion and risk and you assume total responsibility for your use of the sites, content, products and subscriptions. This limitation of remedies is a part of the bargain between you and Intracellular. No oral or written information or advice given by Intracellular or any person on behalf of Intracellular shall create a warranty or condition, or in any way change this exclusion of warranty.

14- Limitation of Liability

The laws of certain jurisdictions do not allow the exclusion or limitation of liability or of certain damages. If these laws apply to you, some or all the below exclusions or limitations may not apply to you, and you might have additional rights.

14.1 - In no event shall any Intracellular party be liable to you, or any third party, for any special, indirect, incidental, punitive, exemplary, reliance, or consequential damages of any kind, including, but not limited to, property damage, loss of value of the products or loss of use of the products, whether based on breach of any express or implied warranty or condition, breach of contract or tort (including, without limitation, negligence or strict liability), even if a Intracellular party has been advised of the possibility of such damages.

14.2 - If, notwithstanding the foregoing, an Intracellular party is found to be liable to you or any third party for any damage or loss which arises under or in connection with your use of the site, content, products or subscriptions, the relevant Intracellular party’s total cumulative liability shall in no event exceed the greater of: (a) the amount you paid Intracellular for the products or subscriptions, as applicable; and (b) the sum of one hundred us dollars (us$100).

15- Choice of Law

Unless the applicable laws of your country require that the laws of that jurisdiction govern, in which case, the laws of such jurisdiction are to govern, this Agreement is governed by applicable laws of Malta without regard to its conflicts of laws rules. If any provision of the Agreement is invalid under the law of a particular jurisdiction, that provision will not apply in that jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from this Agreement.

16- Electronic Communications

Whenever you visit our Sites or send emails to us, you are communicating with us electronically. For that reason, you also consent to receive communications from us electronically regarding administrative or account information. Since these administrative or account electronic communications are essential to the successful and effective functioning of your relationship with our organization, the sole remedy to opt-out is to cancel your account. You may cancel your account by email or by phone to our customer service department. We will communicate with you by email (if you have provided your email address to us), by posting notices on our Sites or by such other means as we may determine from time-to-time. 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, to the extent permitted by applicable law.

17- General Terms

Intracellular may issue a warning, temporarily suspend, indefinitely suspend or terminate any Customer’s right to use or access all or any part of the Sites including any account thereon or Subscription thereto, without notice, for any reason in Intracellular’ sole discretion, including without limitation breach of this agreement and/or violation of the Terms of Service, Intracellular’ belief that such access would violate any applicable law, rule or regulation or would be harmful to the interests of, or potentially cause financial loss or legal liability to Intracellular or another user of the Sites. This Agreement and the Privacy Policy constitute the entire agreement between you and Intracellular regarding its subject matter. Intracellular will not be responsible for failures to fulfill any of its obligations due to causes beyond its control. The failure of Intracellular to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any part of this Agreement is held invalid, illegal or unenforceable, that provision shall be enforced to the maximum extent permissible to maintain the intent of this Agreement, and the other parts will remain in full force and effect. The parties shall always and for all purposes be deemed to be independent contractors and neither party nor its agents may bind the other party. The parties acknowledge and agree that this Agreement and all related documents shall be drawn up in the English language. Any translation of this Agreement and all related documents shall be for reference only and the English version of this Agreement controls. This Agreement shall not be interpreted or construed to confer any rights or remedies on any third parties, except that each indemnified Intracellular Party shall be a third-party beneficiary hereunder. Intracellular may assign or transfer its rights, or delegate any performance, under this Agreement to a third party in its sole discretion. Customer may not assign or otherwise transfer its rights, or delegate its performance, under this Agreement to any third party without in every case, Intracellular’ express prior written consent. All terms which by their nature are intended to survive any termination of this Agreement, or any termination of your use of the Sites, Content, Products or Subscriptions shall survive such termination.