Pre-Order Terms and Conditions
These Pre-Order Terms and Conditions (these “Terms”) govern the placing of pre-orders (“Pre-Order”) with Cosmo Spa Lounge & Supply, Inc., doing business as Illumino® (the “Company”) for the Products (as defined below). Please read these Terms carefully before submitting your Pre-Order of any Illumino training and products. By submitting your Pre-Order, you agree to be legally bound by these terms.
- Pre-Order Reservation of Training
When placing a Pre-Order for Gel-Lys Comprehensive Training, you will be required to provide certain information, such as your shipping address, billing information, and an active State Board License number. You represent and warrant that all such information is accurate, and you shall ensure that such information is kept current. Illumino® shall have no responsibility or liability for inaccurate information or information that later becomes outdated, and shall have no obligation to make efforts to determine the correct contact or shipping information. You can update your information at any time prior to your product being shipped by sending an e-mail to email@example.com.
You will be charged a single deposit for the Gel-Lys™ Comprehensive Training, Gel-Lys device and Lynk Gel™ of $__________ at the time of placing the Pre-Order. The remaining balance of $____________ will be due 30 days prior to the dates you chose for the Training date: ___________________. The method of payment accepted is credit card payment. The purchase price does not include import duties, taxes, transfer fees, and other governmental charges, which are the buyer’s responsibility. If Illumino® is unable to commence class dates for the Gel-Lys Comprehensive Training, Gel-Lys, and Lynk Gel™ on or before the one-year anniversary of your placing the Pre-Order, Illumino® shall process a full refund to you. Your placing of a pre-order constitutes your express agreement to Illumino® of paying the full price of the Gel-Lys™ Comprehensive Training, Gel-Lys™, and Lynk Gel™ at such time.
Illumino® will build the Gel-Lys™ devices for customers in the order which the Pre-Orders are received. This position does not imply receiving a particular number associated with your Gel-Lys™ Comprehensive Training, Gel-Lys™, and Lynk Gel™. If you cancel or forfeit your reservation in accordance with the terms of this Agreement, your position will be taken by the next person on the Training and Product reservation list. Notwithstanding the foregoing, you acknowledge and agree that we may need to build and use Gel-Lys™ Comprehensive Training, Gel-Lys™, and Lynk Gel™ for a variety of purposes, such as in-house and third-party testing, evaluation, and display, prior to fulfilling Training and Product reservations.
- Delivery Schedule
Although we will make efforts to begin training with the Gel-Lys™ Comprehensive Training, Gel-Lys™, and Lynk Gel™ as soon as reasonably practicable, you understand and agree that there may be delays. An estimated time of delivery (ETD) is only an estimate, is subject to change, and Illumino® does not represent or warrant that it will be able to ship the Product by the estimated date. As a result, in the event that a delay arises and the estimated shipment and/or release of the product is not met, Illumino® is not responsible for any damages that may occur due to the delay, nor shall it be obligated, except as set forth in these Terms, to provide any discounts, refunds or credits due to any such delays. We will provide periodic updates by email with respect to such delivery schedule. If for any reason you decide that you do not wish to continue to wait for your Gel-Lys™ Comprehensive Training, Gel-Lys™ device, and Lynk Gel™ Adhesive, you may cancel your reservation as provided for in Section 6 below.
The purchase price (“Price”) does not include taxes and other government charges, which are your responsibility. If the Price drops after you have pre-ordered, we will refund you the difference. If the Price goes up, your order is secure at the low Price. The Pre-Order Price is valid from the moment you place the Pre-Order until 10 days after you receive the item. To claim a refund for the difference, email us at firstname.lastname@example.org.
You or Illumino® may cancel this reservation by terminating the Pre-Order at any time for any or no reason, prior to our notice to you that your Gel-Lys™ Comprehensive Training, Gel-Lys™ Device, and Lynk Gel™ Product is ready for delivery. If you do so prior to our notice of delivery, you will obtain a refund minus a twenty percent (20%) processing fee of the deposit price without interest. If Illumino® cancels your reservation, you will receive a full refund of the deposit price without interest (and you will not pay any processing fee). If your billing auto-pay changes during the payment installment period and your form of payment is declined, we will assume that your order is being cancelled and we will refund the amount you have paid minus the twenty (20%) processing fee.
- LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL ILLUMINO® BE HELD LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OR RELATED TO THIS AGREEMENT. IN THE EVENT ILLUMINO® IS HELD LIABLE FOR ANY DAMAGES ARISING OUT OR RELATED TO THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE THE FULL REFUND OF YOUR PURCHASE PRICE WITHOUT INTEREST.
- Terms and Conditions of Sale
The purchase of the Gel-Lys™ Comprehensive Training, Gel-Lys™, and Lynk Gel™ is subject to additional terms and conditions provided by Illumino®, including in respect of any Gel-Lys™ Comprehensive Training, Gel-Lys™, and Lynk Gel™ or intellectual property embodied in the Gel-Lys™ Comprehensive Training, Gel-Lys™, and Lynk Gel™ or data collected by the Gel-Lys™ Comprehensive Training, Gel-Lys™, and Lynk Gel™.
- Age and Residency
You acknowledge that you are at least 18 years old and will take delivery of your Product in the United States. You acknowledge and agree that Illumino® will initially focus its service efforts on certain geographical areas, and may expand to other areas as the company grows.
- Customer Information
ILLUMINO® DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROTOTYPE PRODUCT DISPLAYED BY ILLUMINO® WHETHER BEFORE OR AFTER YOU HAVE PLACED THE PRE-ORDER. YOU UNDERSTAND AND AGREE THAT THE PRODUCT, ITS DESIGN AND TECHNICAL FEATURES ARE CURRENTLY UNDER DEVELOPMENT AND THAT THE PRODUCT THAT MAY BE AVAILABLE FOR PURCHASE BY YOU MAY BE MATERIALLY DIFFERENT FROM THE PROTOTYPE PRODUCT. IF FOR ANY REASON YOU ARE UNHAPPY WITH THE FINAL VERSION OF THE PRODUCT, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE TO CANCEL YOUR PRE-ORDER AS DESCRIBED IN SECTION 6 ABOVE.
First Name:_________________________________ Last name: ______________________
State Board License #:________________________ In the State of: ___________________
Email address:______________________________ Phone #:_________________________
Agreed and Accepted by Purchaser:
Date: __________________ Date: __________________