Términos del servicio
For standard WISH Skin Health consumers
This Terms of Sale Agreement (this “Agreement”) is a legal agreement between you (“User”) and The WISH Group, LLC dba “WISH Skin Health” that governs your use of this e-commerce website. By utilizing this e-commerce website, User acknowledges that he or she has read, understood, and agrees to comply with the terms and conditions stated within this Agreement. In addition, you agree to our Messaging Terms (https://terms.pscr.pt/legal/shop/wishskinhealth/terms_of_service) and Messaging Privacy Policy (https://terms.pscr.pt/legal/shop/wishskinhealth/privacy_policy). The WISH Group LLC may amend these terms of sale at any time. User’s submission of an order at this website constitutes acceptance of the terms of sale stated at the time of order. You are encouraged to review payment terms at the time of your order. Payment terms can be changed without notice. The payment terms in effect when an order is received will apply to that order. You are encouraged to review payment terms at the time of your order. The WISH Group LLC may enlist the aid of third parties to assist in the collection of delinquent accounts. All reasonable costs incurred by WISH arising from attempts to collect delinquent accounts will be charged to User. Freight terms - Wish Skin Health (The WISH Group LLC) reserves the right to charge a 25% service restocking charge on all orders not accepted for delivery. Wish Skin Health reserves the right to choose the freight carrier on prepaid shipments. Damage and shortage policy - All shipments are packed with great care and inspected for accuracy prior to shipping. Any damages or shortages (including latent damages) must be reported by user to Customer Service at Support@WishSkinHealth.com within 48 hours of user’s receipt of shipment.
For Professional resale partners:
WISH•PRO™ Provider Agreement - This agreement is applicable to any business or individual involved in the resale or administration of WISH•PRO, and all other products or treatments from WISH™. From here forth, all references to WISH•PRO™ refer to all brands listed above. “Seller” refers to The WISH™ Group LLC.
“Provider”, “Account” and/or “Buyer” refers to all companies selling WISH™ products or utilizing WISH•PRO™ treatment products in their practice.
All Accounts have been advised to carefully review the Terms of Service in this agreement before entering into or continuing with a transactional agreement with WISH•PRO™.
Ordering Information -
Orders may be placed online 24/7 through your online WISH•PRO™ Provider Account. Only one ordering Account will be available per location. Completed online orders once submitted will be shipped in order of receipt Monday – Friday 8:00am – 5:00pm PST, excluding holidays. We require 24 hours to process orders prior to shipping. Processing time does not include weekends or holidays.
Successful completion of Certification Course is a requirement for all new accounts. Subsequent orders may be placed through your online Certified PRO Account.
Backbar product purchased shall not exceed 30% of total order purchase per quarter. Backbar products are available for use only by providers and may not be resold.
Buyer has the right to examine the goods purchased upon receipt. If Buyer should believe that it has received defective Products, Buyer must contact Seller immediately and without any undue delay
Seller’s total liability to Buyer, if any, whether in contract or tort or otherwise, arising out of its sale of any Products, shall not exceed the price paid by the Buyer for the Products giving rise to the liability.
Returns or exchanges are accepted on qualified, unopened, and unused retail products. There is a 25% Restocking Fee on product returns. All return requests must be made within 30 days of original order date.
Defective items will be exchanged for new products once customer service has been notified, and the defective items are returned to WISH™ for inspection. We may require photos and/or lot code references to start exchange process.
Non-Diversion Outside of Territory
You do not have permission to sell WISH™ products purchased domestically outside of the United States or from locations other than noted on business license submission. Any shipping outside of the United States is prohibited. Our Customers outside of the United States must order directly from indicated distributors. Product cannot be brought in from other countries and sold in these areas without advanced, written permission.
Dispensing and Selling Integrity
When you become a Certified WISH•PRO™, you agree to comply with indicated dispensing and usage directions. All Accounts agree to adhere to labeled expiration dates noted on packaging. In the case of any adverse events witnessed in office or reported by user, you agree to notify WISH•PRO™ directly through our customer service phone number and/or email. Providers shall use best efforts to market all WISH•PRO™ products in compliance with the provisions of applicable law and regulations. Providers shall use for marketing purposes only marketing materials (such as banners, rack cards, tent cards, fliers, digital assets, and the like) provided by Seller. Providers shall not use any materials for marketing purposes that are designated by WISH•PRO™ for educational purposes, such as clinical white papers, etc.
Payment Information:
Payment for all products shall be made in full upon ordering. WISH•PRO™ accepts various payment methods. See payment icon list in footer at wishskinhealth.com
Online Selling
A Minimum Advertised Price “MAP” is indicated for each product. It is in violation of this agreement to discount any WISH•PRO™ product beyond the MAP.
Only WISH•PRO™ Homecare is available to sell online. Under no circumstances can WISH•PRO™ professional treatment solutions be sold online to consumers. These products are meant for professional use only.
All WISH•PRO™ products require the oversight of a licensed professional or physician, for safe and optimal results. By entering into this agreement with WISH•PRO™, you agree to NOT resell any WISH•PRO™ products on any online platforms, such as Amazon, eBay, or other e-commerce websites. If it is found that WISH™ product is sold without our explicit permission, the account will immediately be suspended. The WISH™ Group LLC will pursue legal action if it is determined that unlawful reselling of WISH™ products occurs on any online marketplace.
Providers may request to add WISH™ products to their e-commerce store, using current, approved marketing assets.
Promotional Retail Online Pricing may be approved no more than two times per calendar year. All online promotional discounts must be approved up to 36 hours in advance by The WISH™ Group LLC and discount must be pre approved. If online promotion is combined with multiple products or other brands, the discount must not exceed 10%. Pricing may be adjusted in shopping cart only. We do not allow advertised strike throughs or discounted pricing posted on e-commerce site without approval.
Buyer shall comply with all laws and regulations governing, or otherwise applicable to, the import, sale, or marketing of the Products, including, without limitation, all laws and regulations governing competition, restrictive practices, and sales of the Products. In addition, Account holder (Buyer) certifies that it is in current compliance with all applicable laws relating to: (1) its current status as a licensed esthetician or physician; (2) current business liability insurance; and, (3) any appearance before governmental agencies and instrumentalities.
Shipping Standards
WISH™ product orders are processed Monday – Friday from 8:00am – 5:00pm, PST, excluding holidays. Allow up to 24 hours for order processing prior to shipment.
USA Shipping Rates (Movement on shipments M-F).
There will be a charge of $20 for standard ground shipping on orders under $500 within the United States. Free standard shipping on orders exceeding $500.00.
Express shipping will be billed to Account at actual cost.
Overnight shipping costs will vary, and this service may not always be available. The WISH™ Group LLC does not take responsibility for delays with shipping company.
Orders to Hawaii & Alaska will take one additional day to arrive.
Any product damaged in transit must be noted with photos within 24 hours of receipt.
Consent Forms
Professional Forms received from WISH™ are intended to be utilized as templates only. Please consult with your legal council regarding specific local regulations based on place of business.
Regulatory Actions
Providers agree that you will not attempt to register products with any government agency nor to initiate any other process with foreign or domestic regulatory authority without the prior expressed consent of The WISH Group LLC. Providers further agree to direct any inquiry or communication from any regulatory authority to WISH™.
Formulation
All WISH™ formulas are proprietary. Providers agree to not reverse engineer (copy) any WISH™ product, concept or formulation.
Data Sharing
We would like to send you leads from time to time.
We encourage sharing images, videos, and testimonials from your clients. Please tag #WISHSKINHEALTH when posting success stories to your social media sites. Be sure all clients have given proper, signed consent.
Relationship of Parties
Seller and the Buyer are independent parties. These Terms of Service shall not constitute or be construed as creating a partnership or joint venture between the parties, nor shall it make either party an agent or legal representative of the other for any purpose whatsoever. Nothing in these Terms of Service will obligate Seller to continue to sell Products to Buyer.
Attorneys’ Fees
If either party commences an action against the other to interpret or enforce any obligation based upon these Terms & Conditions, or as a result of a breach by the other party of any obligation based upon these Terms & Conditions, the party prevailing in such matter shall be entitled to recover from the non-prevailing party attorneys’ fees, costs, and expenses, incurred by the prevailing party in connection with said action.
Dispute Resolution
This Agreement outlines that if a dispute occurs, a mutually acceptable arbitrator (finalized within 30 days) will be tasked with assisting to resolve the dispute. It also states that both parties will continue to fulfill their part of the original agreement until an outcome is reached.
Indemnification
To the fullest extent permitted by applicable law, Buyer will indemnify, release, defend and hold harmless Seller, its subsidiaries, affiliates, licensees and assigns, and their respective officers, directors, agents, representatives, subcontractors and employees, whether acting in the course of their employment or otherwise (each, an “Indemnified Party”), from all claims, demands, losses, damages, liabilities, judgments, costs (including reasonable attorneys’ fees), expenses, liens or actions (collectively, “Claims”) incurred by or asserted against an Indemnified Party, in any manner arising out of or relating to Buyer’s performance or failure to perform its obligations, Buyer’s breach of any of the representations, certifications or covenants contained in these Terms and Conditions, including without limitation, claims relating to death, personal injury, or damage to property.
Applicable Law
By their execution, the parties hereto have agreed to all of the Terms of Service of this Agreement effective as of the last date of signature or digital acceptance, and each signatory represents that it has the full authority to enter into this Agreement and to bind her/his respective party to all of the Terms of Service.
Provider Agreement Amendments
The WISH™ Group LLC may make amendments to this Agreement at any time. The most current agreement will always be available to reference at checkout. The most current Agreement supersedes any other previous Agreement, including oral agreements.
For International Orders
WISH Skin Health - International Sales Policy
Effective Date: November 9, 2023
At WISH Skin Health, we are excited to expand our reach and offer our premium skincare products to customers all around the world. International sales come with their unique considerations and regulations. This International Sales Policy outlines the guidelines and recommendations for international customers while emphasizing the importance of adhering to local and state regulations.
1. International Customers
WISH Skin Health extends a warm welcome to international customers. We appreciate your interest in our products and are committed to providing you with top-quality skincare solutions. It is crucial for international customers to understand and adhere to their local and state regulations when it comes to the purchase, import, and distribution of our products.
2. Compliance with Local and State Regulations
2.1 Product Compliance: International customers are responsible for ensuring that our products comply with all relevant regulations and standards in their respective countries. It is essential to verify that our products can be legally imported and used in your region before making a purchase. WISH Skin Health is not responsible for any issues that may arise due to non-compliance with local regulations.
2.2 Customs Duties and Taxes: International shoppers should be aware that customs duties, taxes, and other import-related fees may be applicable when purchasing our products. These fees are the responsibility of the customer and are determined by the local customs authorities. WISH Skin Health is not responsible for these additional charges.
3. Ordering and Payment
3.1 Ordering Process: International customers can place orders through our website. Please ensure that all the information provided during the ordering process is accurate and complete. Inaccurate information may lead to cancellation, delays or issues with your order.
3.2 Payment Methods: We accept various payment methods for international orders, including credit and debit cards. Please make sure that your chosen payment method is valid and authorized for international transactions. Currency conversion fees and exchange rates are determined by your payment provider.
4. Shipping and Delivery
4.1 Shipping Options: WISH Skin Health offers DHL for international customers. Please refer to our Shipping Policy for detailed information on shipping costs and delivery times.
4.2 Delays and Customs Inspections: International shipping may be subject to delays caused by customs inspections, transportation issues, or unforeseen circumstances. WISH Skin Health is not responsible for such delays.
4.3 Address Accuracy: It is the responsibility of international customers to provide accurate shipping information. WISH Skin Health is not responsible for any issues arising from incorrect or incomplete shipping details.
5. Returns and Refunds
Please review our Returns and Refunds Policy for information on our policies regarding international product returns, exchanges, and refunds. International customers are responsible for the cost of return shipping.
6. Intellectual Property
All content on the WISH Skin Health website, including logos, text, images, videos, and product descriptions, is protected by copyright and other International intellectual property laws. Unauthorized use of this content is strictly prohibited and may result in account suspension and legal fees.
7. Disclaimer of Warranties
WISH Skin Health provides products and services are sold "as is" and "as available." We do not make any warranties, express or implied, regarding the fitness of our products for a particular purpose or their merchantability. International customers use our products and services at their own risk.
8. Limitation of Liability
In no event shall WISH Skin Health or its affiliates be liable for any direct, indirect, incidental, special, or consequential damages, including but not limited to loss of profits, data, or goodwill, arising from the use of our products or services.
9. Modification of Terms
WISH Skin Health reserves the right to modify this International Sales Policy at any time without prior notice. Any changes will be effective immediately upon posting on our website. International customers are encouraged to review these terms periodically for updates.
10. Contact Us
If you have any questions or concerns about this International Sales Policy, please contact us at:
Email:
Support@wishskinhealth.com
Phone:
760-309-4600
Mailing:
WISH Skin Health
Attn: International Orders
611 S. Plam Canyon Dr Suitę 7-292
Palm Springs, CA 92264
By using our website and services, you acknowledge that you have read, understood, and agree to be bound by this International Sales Policy. Your continued use of our website and services constitutes your acceptance of these terms.
Thank you for choosing WISH Skin Health. We look forward to providing you with exceptional skincare products and a positive shopping experience.