TERMS & CONDITIONS
The information contained in this website is for general information purposes only. The information is provided by www.Byebyecelli.com, a property of Bye Bye Celli L.L.C., a company registered in Florida, and we operate this Website. Our principal place of business is located at: 5379 Lyons Road, Suite 449, Coconut Creek, Florida 33073. While we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
Please read these Terms and Conditions carefully and make sure that you understand them before ordering any Products from our Website. In no event will we be liable for any loss or damage including, without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website. Through this website you are able to link to other websites which are not under the control of Bye Bye Celli L.L.C. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. Every effort is made to keep the website up and running smoothly. However, Bye Bye Celli L.L.C. takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
These terms and conditions tell you information about us and set out the legal terms and conditions on which we sell any of the Bye Bye Celli products herein referred to as Products, listed on our website www.Byebyecelli.com, herein referred to as Website, to you whether a consumer or wholesale purchaser. These Terms and Conditions do not apply if you buy Bye Bye Celli products from any source other than our Website, for example, if one were to buy Bye Bye Celli products from one of our authorized distributors or retailers. The distributors and retailers will have their own terms and conditions that will apply if you buy Bye Bye Celli products from them apart from those Terms and Conditions listed herein.
These Terms and Conditions will apply to any contract for the sale of Products by us to you, and such a sale shall be referred to herein as Contract. Please note that by ordering any of our Products, you agree to be bound by these Terms and Conditions. If you refuse to accept these Terms and Conditions, you will not be able to order Products from our Website.
B. When we refer to “we”, “us” or “our”, we mean Bye Bye Celli L.L.C. When we refer to “you” or “your” we mean you, the consumer, or wholesale purchaser, or retailer, accessing or using our Website.
C. These Terms and Conditions will apply to any contract for the sale of Products by us to you, and such a sale shall be referred to herein as Contract. Please note that by ordering any of our Products, you agree to be bound by these Terms and Conditions. If you refuse to accept these Terms and Conditions, you will not be able to order Products from our Website.
III. Our Website
A. Our Website is made available free of charge. We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. Access to our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Website without notice. We will not be liable to you if for any reason our Website is unavailable at any time or for any period. We may update the Website and/or change the content on it at any time.
C. WE DO NOT GUARANTEE THAT THE WEBSITE, OR ANY CONTENT ON IT, WILL BE FREE FROM ERRORS OR OMISSIONS. WE USE REASONABLE EFFORTS TO INCLUDE ONLY ACCURATE AND UP-TO-DATE INFORMATION ON THE WEBSITE; HOWEVER, WE MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, WHETHER EXPRESS OR IMPLIED, CONCERNING SUCH INFORMATION.
D. The Website and the content on it are provided for general information and entertainment purposes only. They are not intended to amount to advice (medical or otherwise) on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.
IV. Our rights
A. We are the owner or licensee of all intellectual property rights in the Website and its content, the Bye Bye Celli name and Bye Bye Celli’s product names, images, and packaging. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
C. No part of the Website, including, without limitation, the text, designs, graphics, photographs and images contained in it, may be copied, reproduced, republished, uploaded, re-posted, modified, transmitted or distributed or otherwise used in any way for any non-personal, public or commercial purpose without our prior written consent.
D. Any communications or materials you send to us through the Website by electronic mail or other means will be treated as non-proprietary and non-confidential (other than communications in respect of your order if you use the Website to buy Bye Bye Celli products from us). We are free to publish, display, post, distribute and otherwise use any ideas, suggestions, concepts, designs, know-how and other information contained in such communications or material for any purpose, including, but not limited to, developing, manufacturing, advertising and marketing us and our products.
V. Our Products
A. We are committed to excellence in the field of skin care. For more information on our Products, including their benefits, how they should be applied, and perfect partner products to compliment your chosen Product, please visit our webpage www.Byebyecelli.com for a review of products or email us at Sales@Byebyecelli.com with any questions.
B. The images of the Products on our Website are for illustrative purposes only. The packaging and presentation of the Products may vary from that shown on images on our Website.
C. Many of our Products are available in different sizes, weights, quantities and varieties. The various options for each Product are stated on the relevant Product page on our Website.
D. All Products shown on our Website are subject to availability. We will inform you by email as soon as possible if the Product you have ordered is not available and we will not process your order if made.
VI. Product Pricing
A. The prices of the Products will be as quoted on our Website from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However, it is always possible that, despite our efforts, some of the Products on our Website may be incorrectly priced. If we discover an error in the price of the Products you have ordered, we will contact you to inform you of this error and we will give you the option of continuing to purchase the Products at the correct price or cancelling your order.
B. We do not have to provide the Products to you at a lower price where we have made a pricing error. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat your order as cancelled.
C. The prices of the Products may change from time to time, but changes will not affect any order which we have confirmed with an Order Acceptance.
VII. Liability of Bye Bye Celli L.L.C.
i. death or personal injury caused by our negligence if we are found to be held negligent through binding authority;
ii. fraud or fraudulent misrepresentation; and
iii. any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
B. THE WEBSITE IS MADE AVAILABLE “AS IS” AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXCLUDE ALL CONDITIONS, WARRANTIES, REPRESENTATIONS OR OTHER TERMS WHICH MAY APPLY TO OUR WEBSITE OR ANY CONTENT ON IT, WHETHER EXPRESS OR IMPLIED. WE WILL NOT BE LIABLE TO ANY USER FOR ANY LOSS OR DAMAGE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING UNDER OR IN CONNECTION WITH:
i. USE OF, OR INABILITY TO USE, OUR WEBSITE; OR
ii. USE OF OR RELIANCE ON ANY CONTENT DISPLAYED ON OUR WEBSITE.
C. IF YOU ARE A BUSINESS USER, PLEASE NOTE THAT IN PARTICULAR, WE WILL NOT BE LIABLE FOR:
i. LOSS OF PROFITS, SALES, BUSINESS, OR REVENUE;
ii. BUSINESS INTERRUPTION;
iii. LOSS OF ANTICIPATED SAVINGS;
iv. LOSS OF BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION; OR
v. ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE.
D. IF YOU ARE A CONSUMER USER, PLEASE NOTE THAT WE ONLY PROVIDE OUR WEBSITE FOR DOMESTIC AND PRIVATE USE. YOU AGREE NOT TO USE OUR WEBSITE FOR ANY COMMERCIAL OR BUSINESS PURPOSES, AND WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.
E. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A VIRUS, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR WEBSITE OR TO YOUR DOWNLOADING OF ANY CONTENT ON IT, OR ON ANY WEBSITE LINKED TO IT.
F. WE ASSUME NO RESPONSIBILITY FOR THE CONTENT OF WEBSITES LINKED ON OUR WEBSITE. SUCH LINKS SHOULD NOT BE INTERPRETED AS ENDORSEMENT BY US OF THOSE LINKED WEBSITES. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT MAY ARISE FROM YOUR USE OF THEM.
G. Different limitations and exclusions of liability will apply to liability arising as a result of the sale of any Bye Bye Celli products by us to you.
H. BYE BYE CELLI IS NOT RESPONSIBLE FOR ANY DAMAGE CAUSED BY THEIR PRODUCT. Bye Bye Celli is not liable for damage caused by misuse of any product, sensitivities of purchaser, damage caused by packaging of the product, damage caused by the product to one’s person or property through intended or unintended use, or the alike.
VIII. Purchasing Product Guidelines
A. You may only buy Products from our Website if you are at least 18 years old.
B. You may not buy Products from our Website for business and/or resale purposes unless first establishing, through Bye Bye Celli, a wholesale distribution relationship. For professionals looking to distribute any product of Bye Bye Celli, please see locate the “Professionals” tab through www.Byebyecelli.com and contact the Corporation directly to find more information regarding wholesale pricing, distribution, and to proceed with the process of resale.
C. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process. In particular, please check the quantities, sizes, and weights of each of the Products in your order.
D. By clicking the “Submit order” you are committing to buy and pay for the Products in your order. This is an offer from you to enter into a Contract with us to buy the Products in your order. The Contract is subject to these Terms and Conditions. By placing an order, you confirm that you accept these Terms and Conditions.
E. If we are unable to supply you with a Product (because, for example, that Product is not in stock or is no longer available) we will inform you of this by email and we will not process your order. If you have already paid for the Product(s), we will refund you the full amount as soon as possible.
A. We want you to be completely satisfied with the Products you have ordered from us. If you have any problems with the Products you have ordered, please contact our customer services at Sales@byebyecelli.com.
B. You may return Products to us within 14 days of receiving your order, provided that you return the Products to us AND notify us of your intention to do so within 14 days of the Products being delivered to you. All returns are subject to a 20% restocking fee. Shipping and handling charges are not refundable.
i. Please email us at firstname.lastname@example.org within 14 days of receiving your order with your intent to return the product and reasoning or the return will not be processed.
ii. Products opened or damaged by you or courier should be reported as damaged within 48 hours of delivery to email@example.com. Damaged Products become ineligible for return if not reported within 48 hours.
C. You will remain liable for both shipping charges for the order processing and order return, therefore you will be responsible for the cost of returning the Products to us. We will process the refund due to you as soon as possible, and, in any case, within 30 days of the day on which you contacted us as described above. We will refund you on the credit card or debit card that you used to pay. We will be unable to provide you with a full refund if the Products are not returned to us or if they are damaged when they arrive.
X. Viruses and Malware
A. We make no guarantees onto you that our Website will be secure or free from bugs, malware, or viruses. You are responsible for configuring your information technology, computer programs and platform in order to access our Website and we recommend that you use your own virus protection software.
B. You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs, malware, or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Website, the server on which our Website is stored, or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
XI. Payment and Fraud
A. By ordering Products from us through our Website, you authorize us to perform credit and anti-fraud checks on you and the payment method that you have provided. These checks may be required, amongst other things, to verify your identity, to validate your credit or debit card, to obtain an initial credit or debit card authorization and/or to authorize individual purchases. You authorize us to disclose information provided by you, including personal information, to third parties such as banks and the providers of credit reports for the purposes of these checks, and accept that such parties may keep a record of that information.
B. You also agree that we may make the information we receive from such checks available to third parties including fraud prevention and credit reference agencies. We reserve the right to put in place additional payment security systems from time to time.
C. If the amount due from you for your order cannot be debited or charged, for whatever reason, your order will be cancelled (we will notify you of this using the contact details you provided during the order process).
XII. Buying Bye Bye Celli Products
If you, as a consumer or wholesale purchaser or retailer, use the Website to buy products from us, our Terms and Conditions will apply to your purchase. If you do not accept our Terms and Conditions, you are not permitted to buy products from us through the Website.
XIII. Personal information & Privacy
A. We only obtain data regarding you or about you to include contact information, age, billing information, website registration credentials if applicable, personal preferences clearly expressed, and communications & interactions with Bye Bye Celli, from various online sources including when you:
i. Interact directly with our website listed as www.Byebyecelli.com with the appropriate mobile site or mobile application;
ii. Interact with our social media pages, forums, blogs, chat services, of other forms of advertisements and/or communications;
iii. Visit a location where Bye Bye Celli Products are sold and distributed either through a boutique, store, or counter;
iv. Participate in Bye Bye Celli events, charitable events, demonstrations, loyalty programs, other client programs, promotions, or surveys; and/or
v. Participate in a consultation, whether in person or electronically via email, social media, telephone or the alike, with either a beauty consultant or customer service representative.
B. We may share your personal data, where permitted in accordance with applicable privacy laws, with:
i. Authorized distributors for the purposes outlined above;
ii. Banks, PayPal and our payment services provider for the purpose of transaction processing;
iii. Third parties, where we have your permission to do so, including social networks providers, concierge service or our retail partners. Your personal data will become subject to the privacy policies of those third parties when your personal data is shared with them;
iv. Prospective or eventual buyers of our business, in the event we or substantially all of our assets are acquired by or merged with a third party including through bankruptcy;
v. Any law enforcement agency, court, regulatory, government authority or other third party where in our reasonable opinion this is necessary to comply with a legal or regulatory obligations or otherwise to enforce or apply our Terms or any other agreements; or to protect the rights, property, or safety of Bye Bye Celli L.L.C., our customers, or others to include exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction; or
vi. Our third-party service providers who perform services on our behalf based on our instructions such as but not limited to, retailers, distributors, credit processors, couriers, marketing, management, postal services or any other third-party agency.
a. We do not authorize these parties to use or disclose the information except as necessary to perform services on our behalf or to comply with legal requirements.
C. We aggregate your personal data with the information of other customers, creating a dataset of information about the usage of our Platforms, purchase of our products, and other general, grouped information about our customers. Although this dataset is aggregated and anonymized, meaning it cannot directly identify you as an individual, it provides a valuable insight into the use of our Platforms and we will share it with select third parties.
D. We also transfer information about you to ad technology providers and our social media and search engine partners, including Facebook, Google, and Twitter, so that they may recognize your devices and deliver interest-based content and advertisements. The information can include your name, postal address, email, device ID, or other identifier in encrypted form. These providers can collect additional information from you, such as your IP address and information about your browser or operating system; combine information about you with information from other companies in data sharing cooperatives in which we participate; and may place or recognize their own unique cookie on your browser. The third parties that generate these cookies have their own privacy policies and we have no access to read or write these cookies.
E. If you have any questions regarding your privacy and the use of this Website, or privacy matters in general when buying and purchasing a product of Bye Bye Celli, or to make a complaint regarding matters of privacy, please contact us at Sales@Byebyecelli.com and we will be happy to assist you.
F. While no electronic data transmission or storage of information can be guaranteed to be 100% secure, Bye Bye Celli maintains reasonable safeguards, including physical, contractual, administrative, and technical safeguards to protect against loss, unauthorized use, disclosure or destruction and when transferring information.
XIV. Account and Login
A. If you register with Bye Bye Celli, you, as a consumer, or wholesale purchaser, or retailer, will be asked to provide your email address and password as part of our security procedures. You must treat such information as confidential and you must not disclose it to any third party.
C. You are solely responsible for any and all use of your account information and all orders and activities in connection with your account as either a consumer or wholesale purchaser or retailer.
D. Bye Bye Celli hereby reserves the right to take any and all action, as we deem necessary, or reasonable, to ensure the security of the Website and your account including but not limited to, termination of your account, changing your password, or requesting additional information to authorize transactions based on your account.
E. You hereby agree to be held responsible for any act or omission of any users that access the site or service under your account login. And any misuse of either your account information, or your misuse of another’s account information is in violation of these terms.
XVI. Unforeseen Events & Liability
A. In rare circumstances, events outside of our reasonable control may delay or prevent us from performing our obligations under the Contract. If these events occur, we will try to perform our obligations to you as soon as we can. We cannot, however, accept liability for any losses caused to you as a result of any delay or failure by us to perform our obligations where such delay or failure is due to an event which is outside of our reasonable control.
i. If an event outside of our reasonable control takes place that affects the performance of our obligations under the Contract, we will contact you as soon as reasonably possible to notify you; and
ii. our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the event outside of our reasonable control. Where the event outside of our reasonable control affects delivery of Products to you, we will arrange a new delivery date with you after the event outside of our reasonable control is over.
B. Events outside of our control may include but are in no way limited to; natural disasters, economic crisis, protests creating an unsafe environment to proceed with distribution, weather, terrorism domestic and foreign, fire, flood, dismantle of Bye Bye Celli in any form, warehouse compromised, postal service suspensions, employment strikes or any other scenario that would influence order processing, fulfillment, distribution or any service rendered by and through Bye Bye Celli L.L.C.
We hope there is no cause for complaint however, if there is we would like to hear about this, so we can promptly try and resolve this issue and ensure it does not happen again. Please contact us immediately at Sales@Byebyecelli.com so we may better assist you and would be happy to aid you with any questions or concerns.
A. We may make changes to these Terms and Conditions from time to time if, for example, we have made changes to how we accept payment from you, or if there is a change in the law therefore we must update these Terms and Conditions.
B. Every time you order Products from us, the Terms and Conditions in force at that time will apply to the Contract between you and us. The current version of these Terms and Conditions will be available on our Website. Please check the Terms and Conditions on our Website each time that you order Products from us to ensure that you understand the Terms and Conditions that apply at the time.