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© Copyright BoP-USA, Inc.
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Terms & Conditions
Please review the sales, shipping, return and refund policies below before purchasing merchandise on aethern.com (“Web Site”). These are the Terms & Conditions that apply to your purchase of merchandise from the Web Site (“Merchandise”). By accepting these sale Terms & Conditions through the completion of your purchase, selection of a method of payment, and your entry of payment method information, you hereby authorize BoP-USA, Inc. (“AETHERN®”, “we”, “us,” and “our”) to charge the selected payment method and its associated payment account that you have specified for the purchase of merchandise.
This document contains an arbitration agreement and class action waiver, which affects your legal rights. it is strongly recommended that you review this document in its entirety before accessing, using or buying any product through the Web Site.
Legal Age Requirement
You must be at least 18 years of age or the age of majority in your jurisdiction of residence (whichever is older) to purchase items from the Web Site. By placing an order through the Web Site, you represent that you are at least 18 years old or the age or majority (whichever is older) and that the person to whom the Merchandise will be delivered is also the age of majority. AETHERN® reserves the right to request any buyer to provide written proof of age in any form. At the time of delivery, any shipment containing Merchandise may require further the signature of an adult possessing valid picture identification issued by a government agency providing that he or she is at least 18 years old or the age or majority, whichever is greater.
Ordering Merchandise through the Web Site
All orders placed through the Web Site are subject to AETHERN® acceptance. After your order has been placed, we will provide you with an email confirming our receipt of your order. The confirmation you receive does not constitute our acceptance of your order. Rather, we are only confirming our receipt of your order. AETHERN® may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your payment card or payment method has already been charged for an order that is later cancelled by AETHERN®, we will issue you a refund. If you do not receive confirmation that your order has been placed, please contact our Customer Service Department. Your order will be deemed accepted upon its shipment and your receipt of a shipment confirmation of your order. Processed orders will be shipped according to the terms of our shipping policies, which are summarized herein.
While we want everyone to be able to enjoy our Merchandise, we may, in our sole discretion, not accept an order or limit or cancel quantities purchased per person, per household or per order. Some reasons we may do so include, but are not limited to, the following:
• Orders that, in our sole discretion, appear to be placed by dealers, resellers or distributors.
• Orders that appear to be shipped to a freight forwarding company for reshipment.
• Orders that cannot be processed as a result of incorrect or invalid billing, shipping or payment information. Be sure to double-check your information when placing an order. We cannot process orders for several reasons including, but not limited to:
• Incorrect credit or debit card information such as card number, expiration date and card security value;
• Incorrect payment method billing information (billing information provided must be the same as what your financial institution has on record);
• Insufficient or incorrect shipping address such as street address, city, state/province, ZIP or postal code.
• Orders, in our sole discretion, that we suspect to be fraudulent. We reserve the right to cancel or not accept any order that we suspect to have been placed as a result of fraudulent activity. We further reserve the right to cancel or not accept subsequent orders from customers with a previous fraudulent order history.
• Orders connected to previous credit card disputes.
If your order has been processed and shipped, you may return the Merchandise you ordered pursuant to the terms of our Return & Refund Policy, which is summarized in the section below.
Arbitration Agreement and Class Action Waiver
Except where prohibited by law, you and AETHERN® agree that any dispute between us (including disputes against any agent employee, subsidiary, affiliate, predecessor in interest, successor, or assign of the other) relating to our Web Site, the information, services, software functionality, and/or materials (“Services and Materials”) published by AETHERN® on or through the Web Site, any transaction or relationship between us resulting from your use of our Web Site, communications between us, or the purchase, order, or use of our Merchandise, will be resolved exclusively and finally by binding arbitration and the arbitration decision may be enforced and judgment entered thereon in any court of competent jurisdiction. Any such arbitration will take place in the county or municipality where we have a principal business address or such other location where we mutually agree. We may also mutually agree to have the arbitration conducted by telephone or based on written submissions. You and AETHERN® agree that this arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (“FAA”), and not by any state law concerning arbitration. You and AETHERN® further agree that any determination regarding the applicability, enforceability, or validity of this arbitration agreement will be made by the arbitrator, not by any court.
By agreeing to this arbitration agreement, you are giving up your right to go to court, including your right to a jury trial. In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal than a court trial; however, an arbitrator can award the same relief that a court can award. The arbitration will be administered by the American Arbitration Association (“AAA”), and conducted under AAA’s Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”) then in effect at the time of the dispute. You may obtain copies of the AAA Rules and forms and instructions for initiating arbitration by visiting the AAA Web Site at www.adr.org, or by calling AAA at (800) 788-7879. If you initiate arbitration, AETHERN® will reimburse you for any standard filing fee, which may have been required by AAA once you have notified AETHERN® in writing and provided a copy of the arbitration proceedings. However, if AETHERN® is the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneys’ fees and costs to AETHERN®. If for any reason the AAA is unavailable, the parties shall mutually select another arbitration forum.
There shall be no right or authority for any claim to be arbitrated on a class action basis or in a purported representative capacity. No claim submitted to arbitration is heard by a jury or may be brought as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim submitted to arbitration. The arbitrator may not consolidate more than one person’s claims against AETHERN® and may not preside over any kind of representative or class proceeding against AETHERN®, its agents, officers, shareholders, members, employees, subsidiaries, affiliates, predecessors in interests, successors and/or assigns. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is non-severable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties’ agreement to arbitrate shall be null and void. You understand that by agreeing to this arbitration agreement, which contains this class action waiver, you may only bring claims against AETHERN®, its agents, officers, shareholders, members, employees, subsidiaries, affiliates, predecessors in interest, successors and/or assigns in an individual capacity and not as a plaintiff or class member in any purported class action or representative proceeding. if you do not agree to this arbitration agreement and class action waiver, you must tell us in writing, not use our product or Web Site, and return the product for a refund within 30 days of your receipt of your first order of the product.
Payments
AETHERN® offers two methods of payment for you to purchase Merchandise via PayPal, an international payment operator with which you will be able to pay regardless of whether you are a PayPal account holder or not or with debit / credit cards.
AETHERN® reserves the right to request additional evidence or proof of billing information or other information associated with the PayPal or debit / credit card account used to purchase Merchandise from the Web Site. In the event that the requested evidence or proof is not provided or is insufficient, we reserve the right to refuse to accept the order. If you believe your PayPal account or debit / credit card might have been used in a fraudulent manner to purchase Merchandise, please contact our Customer Service Department.
By ordering Merchandise from AETHERN®, you authorize AETHERN® to charge your PayPal account or debit or credit card accordingly. Please be aware that the descriptor (or subject line) that appears on your debit / credit card entry will refer to AETHERN®. If you have any questions about the descriptor on your credit card statement, you should contact our Customer Service Department.
We reserve the right to modify the prices charged for any products we offer, or to add or remove any products or offerings from the Web Site at any time without prior notice to you. Price quotes provided to you prior to any price modification shall be honored.
Discount Codes & Promotions
Any applicable discounts or promotional prices will be noted at the time of purchase on the checkout page for your order.
Shipping Policy
Your default shipping address matches to the billing address. At Checkout, you can change it. This will allow you to enter a new address in the spaces provided.
All orders are shipped via the most efficient to your address and we use the following services: Federal Express Ground, or USPS priority mail to the address you provide at the point of sale. Orders placed on the weekend will be shipped the following business day. Packages sent are scheduled to arrive within 3-5 business days. Please be advised that shipments are not sent out on Saturdays, Sundays, or any U.S. Federal Holidays. We do not guarantee arrival dates or times.
Currently, we only ship to US, Canada and Mexico.
Shipping Rates
Please note that shipping rates are subject to change at any time.
Return & Refund Policy
Your satisfaction is our mission.
If at any time you are not satisfied with the Merchandise for any reason, you may contact our Customer Service Department and request a refund. All requests for refunds will be handled on a case by case basis, require a return of unopened Merchandise, and may not be available if more than 30 days have passed from the date the customer received the Merchandise. When contacting us, please include your full name and address, as well as the order number.
More stipulations to our refund policy are as follows:
a. If the Merchandise appears defective (hit, broken or stained box), do not accept the delivery from the carrier.
b. Customers are restricted to receiving a single refund per Merchandise ordered. Repetitive refunds are not permitted unless the Merchandise, as delivered to you, is defective. AETHERN® reserves the right to refuse a refund to any customer who repeatedly requests refunds or who, in AETHERN®’ judgment, requests refunds in bad faith. In the unlikely event of your Merchandise has been delivered in bad but not noticeable condition (faulty items), provide us a visual proof (photos) contacting our Customer Service Department immediately.
c. In order to process your refund, you must supply AETHERN® with your name and delivery address. If you provide us with insufficient or incorrect information, your refund will be delayed.
d. Depending on the bank that issues the PayPal account, debit / credit card you used, your refund can take up to thirty (30) days to appear on your credit or debit card statement. If you have any questions about whether a refund has been issued by AETHERN®, please contact our Customer Service Department.
Please note that we are not responsible for any returned Merchandise that gets lost or stolen while in transit to us. We recommend all returned Merchandise be sent using some type of delivery confirmation system to ensure proper delivery. Failure to use the Merchandise does not constitute a basis for refusing to pay any associated charges.
Mail your unopened return with receipt to:
BoP-USA, Inc.
57 West 57th Street 4th Floor
New York, New York 10019 (USA)
Limitation of Liability
To the maximum extent permitted by applicable law, AETHERN® and affiliates do not accept or assume liability for any product or use of the product, including without limitation, liability for a product not being available for use, lost profits, or loss of business. In no event will AETHERN® or its officers, directors, subsidiaries, affiliates, employees or agents be liable to any party for indirect, incidental, special, consequential or punitive damages relating to a sale of merchandise even if advised of the possibility of such damages, or for any claim by any third party. You agree that for any liability related to the purchase of product, AETHERN® and its affiliates are not liable or responsible for any amount of damages above the amount paid for the applicable product. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitations on liability may not apply.
Disclaimer of Warranties
AETHERN® and affiliates make no warranty of any kind regarding the merchandise available for sale on the website. each product is provided on an “as is” and “as available” basis. Regarding the Merchandise, AETHERN® and affiliates expressly disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade. some states do not allow the disclaimer of implied warranties, so the disclaimers above may not apply to you.
Additional Terms & Conditions
In addition to these Terms & Conditions and the policies stated above, your purchase of Merchandise through the Web Site is subject to the Privacy & Cookie Policy.
Customer Service Department
Phone number: +1 (212) 937-8447 or use our Contact form.
Legal Notice
The products and statements made about specific products on this web site have not been evaluated by the United States Food and Drug Administration (FDA) and are not intended to diagnose, treat, cure or prevent disease.
All information provided on this web site or any information contained on the AETHERN® Advanced Skin Beauty Program packaging is for informational purposes only and is not intended as a substitute for advice from your physician or other health care professional. You should not use the information on this web site for diagnosis or treatment of any health or skin problem.
Consult with physician if you are pregnant, nursing, taking medication, or have a medical condition before using this product.
Privacy & Cookie Policy
This privacy policy has been compiled to better serve those who are concerned with how their ‘Personally identifiable information’ (PII) is being used online. PII, as used in US privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personally Identifiable Information in accordance with our website.
What information do we collect?
We collect information from you when you place an order, subscribe to our newsletter, respond to a survey or fill out a form. When ordering on our web site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, phone number or credit card information. You may, however, visit our site anonymously.
How do we use your information?
Any of the information we collect from you may be used in one of the following ways:
• To personalize your experience: your information helps us to better respond to your individual needs
• To improve our web site: we continually strive to improve our web site offerings based on the information and feedback we receive from you
• To improve customer service: your information helps us to more effectively respond to your customer service requests and support needs
• To process transactions
: your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested
• To administer a contest, promotion, survey or other web site feature
• To send periodic emails
The email address you provide for order processing, may be used to send you information and updates pertaining to your order, in addition to receiving occasional company news, updates, related product or service information, etc.
How do we protect your information?
We implement a variety of security measures to maintain the safety of your personal information when you place an order or access your personal information. We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our payment gateway providers database (First Data / Payeezy) only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential. After a transaction, your private information (credit cards, financials, etc.) will not remain in our files.
Do we use ‘cookies’?
Yes. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the site’s or service provider’s systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.
We use cookies to compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third party services that track this information on our behalf.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Internet Explorer) settings. Each browser is a little different, so look at your browser’s Help menu to learn the correct way to modify your cookies.
If you disable cookies off, some features will be disabled It won’t affect the users experience that make your site experience more efficient and some of our services will not function properly.
Third Party Disclosure / Links
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety.
Google, as a third party vendor, uses cookies to serve ads on your site. Google’s use of the DART cookie enables it to serve ads to your users based on their visit to your sites and other sites on the Internet. Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy.
Google’s advertising requirements can be summed up by Google’s Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1316548?hl=en
We have not enabled Google AdSense on our site but we may do so in the future.
California Online Privacy Protection Act (CalOPPA)
CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law’s reach stretches well beyond California to require a person or company in the United States (and conceivably the world) that operates websites collecting personally identifiable information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals with whom it is being shared, and to comply with this policy. – See more at: http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf
According to CalOPPA, users can visit our site anonymously. Once this privacy policy is created, we will add a link to it on our home page, or as a minimum on the first significant page after entering our website. Our Privacy Policy link includes the word ‘Privacy’, and can be easily be found on the page specified above. Users will be notified of any privacy policy changes on our Privacy & Cookie Policy Page. Users are able to change their personal information by emailing us.
How does our site handle do not track signals?
We honor do not track signals and do not track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.
Childrens Online Privacy Protection Act Compliance
We are in compliance with the requirements of COPPA (Childrens Online Privacy Protection Act), we do not collect any information from anyone under 18 years of age. Our products are all directed to people who are at least 18 years old or older.
CAN SPAM Act
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.
If at any time you would like to unsubscribe from receiving future emails, you can email us and we will promptly remove you from ALL correspondence.
Contacting Us
If there are any questions regarding this privacy policy you may contact us using the information below or using our form: Contact
BoP-USA, Inc.
57 West 57th Street 4th Floor
New York, New York 10019
USA
+1 (212) 937-8447
Web Site Terms of Use
1. Terms
By accessing this web site, you are agreeing to be bound by these web site Web Site Terms of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
2. Use License
Permission is granted to temporarily download one copy of the materials (information or software) on AETHERN®‘s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
• modify or copy the materials;
• use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
• attempt to decompile or reverse engineer any software contained on AETHERN®‘s web site;
• remove any copyright or other proprietary notations from the materials; or
• transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by BoP-USA, Inc. at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
3. Disclaimer
The materials on AETHERN®‘s web site are provided “as is”. BoP-USA, Inc. makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, BoP-USA, Inc. does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
4. Limitations
In no event shall BoP-USA, Inc. or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on AETHERN®‘s Internet site, even if BoP-USA, Inc. or a BoP-USA, Inc. authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The materials appearing on AETHERN®‘s web site could include technical, typographical, or photographic errors. BoP-USA, Inc. does not warrant that any of the materials on its web site are accurate, complete, or current. BoP-USA, Inc. may make changes to the materials contained on its web site at any time without notice. BoP-USA, Inc. does not, however, make any commitment to update the materials.
6. Links
BoP-USA, Inc. has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by BoP-USA, Inc. of the site. Use of any such linked web site is at the user’s own risk.
7. Web Site Terms of Use Modifications
BoP-USA, Inc. may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Web Site Terms of Use.
8. Governing Law
Any claim relating to AETHERN®‘s web site shall be governed by the laws of the State of New York without regard to its conflict of law provisions.
Auto-Replenishment Subscription
To summarize briefly, here’s how it works: you pick the products for your first order and get your first shipment delivered to you.