These Terms and Conditions are subject to United States Law
COMPANY
360 NW 27TH ST
MIAMI, FL 33127
UNITED STATES
EIN: 86-2892524
+1 (786) 442-2626
OVERVIEW
This website is operated by MyDermaDream. Throughout the
site, the terms “we”, “us” and “our” refer to
MyDermaDream. MyDermaDream offers this website,
including all information, tools and services available
from this site to you, the user, conditioned upon your
acceptance of all terms, conditions, policies and
notices stated here.
By visiting our site and/ or purchasing something from
us, you engage in our “Service” and agree to be bound by
the following terms and conditions (“Terms of Service”,
“Terms”), including those additional terms and
conditions and policies referenced herein and/or
available by hyperlink. These Terms of Service apply to
all users of the site, including without limitation
users who are browsers, vendors, customers, merchants,
and/ or contributors of content.
Please read these Terms of Service carefully before
accessing or using our website. By accessing or using
any part of the site, you agree to be bound by these
Terms of Service. If you do not agree to all the terms
and conditions of this agreement, then you may not
access the website or use any services. If these Terms
of Service are considered an offer, acceptance is
expressly limited to these Terms of Service.
Any new features or tools which are added to the current
store shall also be subject to the Terms of Service. You
can review the most current version of the Terms of
Service at any time on this page. We reserve the right
to update, change or replace any part of these Terms of
Service by posting updates and/or changes to our
website. It is your responsibility to check this page
periodically for changes. Your continued use of or
access to the website following the posting of any
changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with
the online e-commerce platform that allows us to sell
our products and services to you.
APPLICABLE LAW
Applicable Law and Venue. The validity, interpretation,
construction and performance of this Agreement shall be
governed by the laws of the United States of America, to
the extent applicable, and otherwise by the laws of the
State of Florida, without regard to its conflict of law
principles. Any dispute arising out of or relating to
these Terms and Conditions shall be resolved in a court
of competent jurisdiction for cases and disputes arising
in the State of Florida.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent
that you are at least the age of majority in your state
or province of residence, or that you are the age of
majority in your state or province of residence and you
have given us your consent to allow any of your minor
dependents to use this site.
You may not use our products for any illegal or
unauthorized purpose nor may you, in the use of the
Service, violate any laws in your jurisdiction
(including but not limited to copyright laws).
You must not transmit any worms or viruses or any code
of a destructive nature.
A breach or violation of any of the Terms will result in
an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any
reason at any time.
You understand that your content (not including credit
card information), may be transferred unencrypted and
involve (a) transmissions over various networks; and (b)
changes to conform and adapt to technical requirements
of connecting networks or devices. Credit card
information is always encrypted during transfer over
networks.
You agree not to reproduce, duplicate, copy, sell,
resell or exploit any portion of the Service, use of the
Service, or access to the Service or any contact on the
website through which the service is provided, without
express written permission by us.
The headings used in this agreement are included for
convenience only and will not limit or otherwise affect
these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF
INFORMATION
We are not responsible if information made available on
this site is not accurate, complete or current. The
material on this site is provided for general
information only and should not be relied upon or used
as the sole basis for making decisions without
consulting primary, more accurate, more complete or more
timely sources of information. Any reliance on the
material on this site is at your own risk.
This site may contain certain historical information.
Historical information, necessarily, is not current and
is provided for your reference only. We reserve the
right to modify the contents of this site at any time,
but we have no obligation to update any information on
our site. You agree that it is your responsibility to
monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without
notice.
We reserve the right at any time to modify or
discontinue the Service (or any part or content thereof)
without notice at any time.
We shall not be liable to you or to any third-party for
any modification, price change, suspension or
discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available
exclusively online through the website. These products
or services may have limited quantities and are subject
to return or exchange only according to our Return
Policy.
We have made every effort to display as accurately as
possible the colors and images of our products that
appear at the store. We cannot guarantee that your
computer monitor's display of any color will be
accurate.
We reserve the right, but are not obligated, to limit
the sales of our products or Services to any person,
geographic region or jurisdiction. We may exercise this
right on a case-by-case basis. We reserve the right to
limit the quantities of any products or services that we
offer. All descriptions of products or product pricing
are subject to change at anytime without notice, at the
sole discretion of us. We reserve the right to
discontinue any product at any time. Any offer for any
product or service made on this site is void where
prohibited.
We do not warrant that the quality of any products,
services, information, or other material purchased or
obtained by you will meet your expectations, or that any
errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT
INFORMATION
We reserve the right to refuse any order you place with
us. We may, in our sole discretion, limit or cancel
quantities purchased per person, per household or per
order. These restrictions may include orders placed by
or under the same customer account, the same credit
card, and/or orders that use the same billing and/or
shipping address. In the event that we make a change to
or cancel an order, we may attempt to notify you by
contacting the e‑mail and/or billing address/phone
number provided at the time the order was made. We
reserve the right to limit or prohibit orders that, in
our sole judgment, appear to be placed by dealers,
resellers or distributors.
You agree to provide current, complete and accurate
purchase and account information for all purchases made
at our store. You agree to promptly update your account
and other information, including your email address and
credit card numbers and expiration dates, so that we can
complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over
which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such
tools ”as is” and “as available” without any warranties,
representations or conditions of any kind and without
any endorsement. We shall have no liability whatsoever
arising from or relating to your use of optional
third-party tools.
Any use by you of optional tools offered through the
site is entirely at your own risk and discretion and you
should ensure that you are familiar with and approve of
the terms on which tools are provided by the relevant
third-party provider(s).
We may also, in the future, offer new services and/or
features through the website (including, the release of
new tools and resources). Such new features and/or
services shall also be subject to these Terms of
Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our
Service may include materials from third-parties.
Third-party links on this site may direct you to
third-party websites that are not affiliated with us. We
are not responsible for examining or evaluating the
content or accuracy and we do not warrant and will not
have any liability or responsibility for any third-party
materials or websites, or for any other materials,
products, or services of third-parties.
We are not liable for any harm or damages related to the
purchase or use of goods, services, resources, content,
or any other transactions made in connection with any
third-party websites. Please review carefully the
third-party's policies and practices and make sure you
understand them before you engage in any transaction.
Complaints, claims, concerns, or questions regarding
third-party products should be directed to the
third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER
SUBMISSIONS
If, at our request, you send certain specific
submissions (for example contest entries) or without a
request from us you send creative ideas, suggestions,
proposals, plans, or other materials, whether online, by
email, by postal mail, or otherwise (collectively,
'comments'), you agree that we may, at any time, without
restriction, edit, copy, publish, distribute, translate
and otherwise use in any medium any comments that you
forward to us. We are and shall be under no obligation
(1) to maintain any comments in confidence; (2) to pay
compensation for any comments; or (3) to respond to any
comments.
We may, but have no obligation to, monitor, edit or
remove content that we determine in our sole discretion
are unlawful, offensive, threatening, libelous,
defamatory, pornographic, obscene or otherwise
objectionable or violates any party’s intellectual
property or these Terms of Service.
You agree that your comments will not violate any right
of any third-party, including copyright, trademark,
privacy, personality or other personal or proprietary
right. You further agree that your comments will not
contain libelous or otherwise unlawful, abusive or
obscene material, or contain any computer virus or other
malware that could in any way affect the operation of
the Service or any related website. You may not use a
false e‑mail address, pretend to be someone other than
yourself, or otherwise mislead us or third-parties as to
the origin of any comments. You are solely responsible
for any comments you make and their accuracy. We take no
responsibility and assume no liability for any comments
posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the
store is governed by our Privacy Policy. To view our
Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in
the Service that contains typographical errors,
inaccuracies or omissions that may relate to product
descriptions, pricing, promotions, offers, product
shipping charges, transit times and availability. We
reserve the right to correct any errors, inaccuracies or
omissions, and to change or update information or cancel
orders if any information in the Service or on any
related website is inaccurate at any time without prior
notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify
information in the Service or on any related website,
including without limitation, pricing information,
except as required by law. No specified update or
refresh date applied in the Service or on any related
website, should be taken to indicate that all
information in the Service or on any related website has
been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the
Terms of Service, you are prohibited from using the site
or its content: (a) for any unlawful purpose; (b) to
solicit others to perform or participate in any unlawful
acts; (c) to violate any international, federal,
provincial or state regulations, rules, laws, or local
ordinances; (d) to infringe upon or violate our
intellectual property rights or the intellectual
property rights of others; (e) to harass, abuse, insult,
harm, defame, slander, disparage, intimidate, or
discriminate based on gender, sexual orientation,
religion, ethnicity, race, age, national origin, or
disability; (f) to submit false or misleading
information; (g) to upload or transmit viruses or any
other type of malicious code that will or may be used in
any way that will affect the functionality or operation
of the Service or of any related website, other
websites, or the Internet; (h) to collect or track the
personal information of others; (i) to spam, phish,
pharm, pretext, spider, crawl, or scrape; (j) for any
obscene or immoral purpose; or (k) to interfere with or
circumvent the security features of the Service or any
related website, other websites, or the Internet. We
reserve the right to terminate your use of the Service
or any related website for violating any of the
prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF
LIABILITY
We do not guarantee, represent or warrant that your use
of our service will be uninterrupted, timely, secure or
error-free.
We do not warrant that the results that may be obtained
from the use of the service will be accurate or
reliable.
You agree that from time to time we may remove the
service for indefinite periods of time or cancel the
service at any time, without notice to you.
You expressly agree that your use of, or inability to
use, the service is at your sole risk. The service and
all products and services delivered to you through the
service are (except as expressly stated by us) provided
'as is' and 'as available' for your use, without any
representation, warranties or conditions of any kind,
either express or implied, including all implied
warranties or conditions of merchantability,
merchantable quality, fitness for a particular purpose,
durability, title, and non-infringement.
In no case shall MyDermaDream, our directors, officers,
employees, affiliates, agents, contractors, interns,
suppliers, service providers or licensors be liable for
any injury, loss, claim, or any direct, indirect,
incidental, punitive, special, or consequential damages
of any kind, including, without limitation lost profits,
lost revenue, lost savings, loss of data, replacement
costs, or any similar damages, whether based in
contract, tort (including negligence), strict liability
or otherwise, arising from your use of any of the
service or any products procured using the service, or
for any other claim related in any way to your use of
the service or any product, including, but not limited
to, any errors or omissions in any content, or any loss
or damage of any kind incurred as a result of the use of
the service or any content (or product) posted,
transmitted, or otherwise made available via the
service, even if advised of their possibility. Because
some states or jurisdictions do not allow the exclusion
or the limitation of liability for consequential or
incidental damages, in such states or jurisdictions, our
liability shall be limited to the maximum extent
permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless
MyDermaDream and our parent, subsidiaries, affiliates,
partners, officers, directors, agents, contractors,
licensors, service providers, subcontractors, suppliers,
interns and employees, harmless from any claim or
demand, including reasonable attorneys’ fees, made by
any third-party due to or arising out of your breach of
these Terms of Service or the documents they incorporate
by reference, or your violation of any law or the rights
of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of
Service is determined to be unlawful, void or
unenforceable, such provision shall nonetheless be
enforceable to the fullest extent permitted by
applicable law, and the unenforceable portion shall be
deemed to be severed from these Terms of Service, such
determination shall not affect the validity and
enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred
prior to the termination date shall survive the
termination of this agreement for all purposes.
These Terms of Service are effective unless and until
terminated by either you or us. You may terminate these
Terms of Service at any time by notifying us that you no
longer wish to use our Services, or when you cease using
our site.
If in our sole judgment you fail, or we suspect that you
have failed, to comply with any term or provision of
these Terms of Service, we also may terminate this
agreement at any time without notice and you will remain
liable for all amounts due up to and including the date
of termination; and/or accordingly may deny you access
to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or
provision of these Terms of Service shall not constitute
a waiver of such right or provision.
These Terms of Service and any policies or operating
rules posted by us on this site or in respect to The
Service constitutes the entire agreement and
understanding between you and us and govern your use of
the Service, superseding any prior or contemporaneous
agreements, communications and proposals, whether oral
or written, between you and us (including, but not
limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of
Service shall not be construed against the drafting
party.
PART 18 - GOVERNING LAW
These Terms of Service and any separate agreements
whereby we provide you Services shall be governed by and
construed in accordance with the laws of the United
States.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of
Service at any time at this page.
We reserve the right, at our sole discretion, to update,
change or replace any part of these Terms of Service by
posting updates and changes to our website. It is your
responsibility to check our website periodically for
changes. Your continued use of or access to our website
or the Service following the posting of any changes to
these Terms of Service constitutes acceptance of those
changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to
us at info@mydermadream.com.
In addition, you agree to our Messaging Terms
(https://terms.pscr.pt/legal/shop/german-40/terms_of_service)
and Messaging Privacy Policy
(https://terms.pscr.pt/legal/shop/german-40/privacy_policy).
Schedule 1. Terms and Conditions
You are shopping on a My Derma Dream’s website (the “My
Derma Dream”).
If you place a Qualifying Customer Order, the Product(s)
that you are purchasing will be sold first by the My
Derma Dream to Passport Global Inc (“Passport”), and
then by Passport to you under these Terms and
Conditions. Your payment information, shipping address,
and any additional information required or requested to
complete your order will be shared directly with
Passport and its nominated agents and contractors, in
order to enable Passport to complete your Qualifying
Customer Order.
Your Qualifying Customer Order is subject to:
(1) these Terms and Conditions; and
(2) any relevant terms and conditions imposed by the My
Derma Dream. By completing your purchase, you confirm
that you have read and agree to be bound by all of
these. By placing a Qualifying Customer Order on the My
Derma Dream’s website, you understand and agree that:
3.1 You are dealing with and providing your information
to Passport. Passport may contact you about your order.
3.2 If there is an error in the price listed for a
Product on the My Derma Dream’s website, or in the price
applied to the product during the sale of and processing
of your order for the Product, Passport and its
nominated agents are entitled to contact you, correct
the price, and/or cancel your order.
3.3 The My Derma Dream remains responsible for handling
payment for your order.
3.4 Once your payment is processed, ownership in the
items will shift from Passport, to you.
3.5 Certain addresses will be ineligible for shipment,
such as PO box addresses.
3.6 Passport may refuse service, refuse to process or
complete Qualifying Customer Orders, remove or edit
content, or cancel such orders for any reason or for no
reason, in its sole discretion.
3.7 If you are under the age of majority in the
jurisdiction in which you reside, approval of your
parent or guardian is required to complete your
purchase.
3.8 You authorise Passport and its nominated agents and
contractors to perform any of the following activities
in connection with the delivery of any Products: (i) to
act as your agent to make and file customs declarations
and all related actions as your direct representative,
which expressly includes completing any documents,
amending product or Harmonised System codes, and paying
any duties, taxes or penalties required under applicable
laws and regulations; (ii) to act as forwarding agent
for customs import and export control purposes solely
for the purpose of designating a customs broker to
perform customs clearance and entry; and (iii) to
redirect an order to your customs broker or other
address upon request by any person whom Passport’s
nominated agents and contractors believe in its
reasonable opinion to be authorised.
Currency.You may select your preferred payment method
and currency from a list of options available at the
time of checkout. Please note that the relative value of
currencies may vary, and as a result, the actual
purchase price for items in your order may vary based on
the currency selected.
Billing.If you use a payment card or other electronic
form of payment as your payment type, the charges to
your account for your order will be subject to the My
Derma Dream’s terms and conditions.
Shipping.Items in your order may be shipped via a single
shipment, or via multiple shipments. If items in your
Qualifying Customer Order are shipped via multiple
shipments, or if your order is only partially filled and
shipped, you will only be charged for those items that
are actually shipped to you.
Chargebacks, Fraud Prevention and Void Transactions.For
your protection, Passport may use various fraud
prevention protocols and policies, and industry-standard
verification systems, to reduce fraud and minimize
chargeback risks. You must comply with such protocols
and policies, including card authentication, and “ship
to” and “bill to” address verification. Once an order is
placed, you may not change any authenticated payment
information or any verified “ship to”/“bill to” address.
If there is a systemic error which results in the
processing or acceptance of a transaction for which
authorisation has been declined, that transaction will
be void.
Customer Service and Returns.Questions or complaints
about your order should be directed to the My Derma
Dream in the first instance. Passport may work with the
My Derma Dream as necessary to resolve your issue. The
My Derma Dream is authorised to allow for returns or
refunds on orders in accordance with the My Derma
Dream’s policy, including to reimburse you for the
original sales prices of Products returned to the My
Derma Dream’s nominated address. Passport may however
refuse any return requested if a restriction applies to
the item for which the return is requested. You accept
that your sole remedies are against the My Derma Dream.
Where a return by the Customer is authorised by Passport
or the My Derma Dream, Passport shall also have the
right to return the item to My Derma Dream and
accordingly the My Derma Dream shall issue a credit note
to Passport and Passport shall provide a credit note to
the Customer, and Passport’s direction, ownership and
risk in the Products for return shall pass directly to
the My Derma Dream. Where a return is authorised by
Passport or the My Derma Dream, the My Derma Dream
shall, at Passport’s direction and acting in its name,
provide a credit note to the Customer to the extent of
the value of the Product(s) authorised to be returned
directly to the My Derma Dream. In relation to any
return of Products to the My Derma Dream, you authorise
Passport and its nominated agents to act on your behalf,
and to recover for its own account, any import duties
and taxes. If required, you will sign any such document
that is reasonably required to facilitate the return of
the Products and the recovery of any import duties and
taxes.
General Terms.The following general terms apply whenever
you place a Qualifying Customer Order through the My
Derma Dream’s website:
9.1 Compliance with Applicable Laws. You certify that
any Products purchased through a Qualifying Customer
Order will not be imported, exported, sold, or
transferred in violation of any applicable laws,
including without limitation the United States Export
Administration Regulations or applicable United States
sanctions and embargoes administered by the United
States Treasury Department, and equivalent statutes,
regulations and codes of England and Wales or the EU. It
is your responsibility to know the laws of the country
into which you are importing any Products that you order
from the My Derma Dream’s website. By placing a
Qualifying Customer Order you certify that the import of
the Products you have ordered to the country of the
shipping address you have provided does not violate any
laws or regulations of that country.
9.2 Privacy. To complete your Qualifying Customer Order
you will be providing personal information to the My
Derma Dream and Passport and you consent to your
personal information being collected, used, processed,
disclosed and/or stored by the My Derma Dream and
Passport and our service providers as may be required in
order to process and complete your order and otherwise
provide the services you have requested, in accordance
with the My Derma Dream’s and Passport’s Privacy Policy.
Passport accepts no liability or responsibility for the
collection, use, processing, disclosure or storage of
your personal information by the My Derma Dream or any
service provider engaged by the My Derma Dream. The
collection, use, processing, disclosure and/or storage
of your personal information by the My Derma Dream or
its service providers is governed by the My Derma
Dream’s privacy policy. The My Derma Dream and Passport
may analyse transactional data for the purpose of
identifying trends, statistics and measurements that
could contribute to the enhancement of the My Derma
Dream’s Customer experience and/or the services provided
by Passport. Any transactional data analysed for these
purposes will be aggregated and de-identified, meaning
that any personally identifiable information will be
removed.
9.3 Electronic Communications. When you place a
Qualifying Customer Order through the My Derma Dream’s
website, you are communicating with Passport
electronically, and you consent to entering into this
agreement by electronic means, and to receive
communications from Passport electronically/via email.\
9.4 Modifications. You acknowledge that Passport may
make changes to its system, policies, and these Terms
and Conditions at any time. Passport will ensure that
the current version of these Terms and Conditions is
presented every time you make a Qualifying Customer
Order on the My Derma Dream’s website. You are
responsible for reviewing these Terms and Conditions
each time you make a Qualifying Customer Order. If you
do not agree to any change in the Terms and Conditions,
you must not complete your order. Any order placed after
the effective date of a change will constitute your
agreement to the change and to the current Terms and
Conditions .
9.5 Severability. If any or any portion of these Terms
and Conditions is found to be invalid, void, or for any
reason unenforceable, that term or portion of terms will
be severed, and will not affect the validity and
enforceability of the remaining terms.
9.6 Proceedings. Any action or proceeding arising out of
or relating to these Terms and Conditions must be
brought in the courts of California, United States, and
you hereby irrevocably agree to the jurisdiction of the
courts of California, United States for all such
purposes.
9.7 Language. The parties have agreed and expressly
requested that this agreement and all documents related
to it be drawn up in English.
9.8 Definitions. “Member State”, “third country” and
“third territories” as defined in Article 5 of Council
Directive 2006/12/EEC. “Products” means those goods
offered for sale via the My Derma Dream’s website which
are not of a class or description subject to any duty of
excise whether or not those goods are in fact chargeable
with that duty, and whether or not that duty has been
paid on those goods, or prohibited or restricted goods
were they to be imported into the UK, and which are not
subject to any restrictions on export, sale, or transfer
in violation of any Applicable Laws. “Product Prices”
means the prices including VAT at the appropriate rate
of the Products as held out for sale to Customer by the
My Derma Dream and accordingly, by Passport to Customer;
and “Product Price” means the price of an individual
Product. “Qualifying Customer Order” meets all of the
following conditions:
(A) It is an order for Product or Products placed via
the My Derma Dream’s website which are to be transported
from:
a third country or territory, excluding Northern Ireland
(“NI”), to an address in a Member State of the EU (e.g.
USA to France);
a third country or territory, excluding the UK, or from
a Member State of the EU to an address in Great Britain
(e.g. Germany to England); or
a third country or territory, excluding NI, to an
address in NI (e.g. USA to NI); and
(B) In relation to the transport of a Product or
Products to an address:
in Great Britain or NI, the total intrinsic value of the
Product or Products comprising that order does not
exceed £135 (one hundred and thirty five) British Pounds
Sterling, or where Products comprising an order exceed
that sum but are sent in separate consignments, the
intrinsic value of each consignment of which the Product
or Products form part does not exceed £135 (one hundred
and thirty five) British Pounds Sterling; and
in a Member State of the EU, the total intrinsic
value of the Product or Products comprising that order
does not exceed €150 (one hundred and fifty) Euros, or
where Products comprising an order exceed that sum but
are sent in separate consignments, the intrinsic value
of each consignment of which the Product or Products
form part does not exceed €150 (one hundred and fifty)
Euros.
