replenish me program terms and conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. By clicking "Yes" below, you agree to be legally bound by these terms and conditions, and these terms and conditions will constitute a contract between you and Tria Beauty, Inc. (the "Company").

  1. Replenish Me Program.
    1. By selecting to participate in the Replenish Me Program (the "Program") in connection with your purchase of the Anti-Aging Skincare System,Finishing Eye Cream, 2-Piece Replenishment Kit, 3-Piece Replenishment Kit, Priming Cleanser, Finishing Serum, Skin Perfecting Foam Cleanser, Skin Perfecting Serum, Skin Perfecting Blue Light Treatment Cartridge, and/or SmoothStart Calming Gel (each, a "Product"), you hereby authorize the Company to bill the credit card you provided as follows:
      • On the initial date of purchase, the current list price of one unit of each Product that you selected to purchase under the Program (each, a "Selected Product"), plus tax and all other applicable charges (including shipping charges), will be billed to your credit card, and the Company will then ship to you one unit of each Selected Product; and
      • Every 60 days after the initial date of purchase (or such other period as provided below) (in each case, the "Replenish Period") until your order is canceled with respect to one or more Selected Products in accordance with Section 3 below, the then current list price of one unit of each Selected Product, plus tax and all other applicable charges (including shipping charges), will be automatically billed to your credit card (without requiring further notice to you or authorization by you), and the Company will then ship to you one additional unit of each Selected Product.
    2. The current list price of each Product as of a given date can be found on the Company's website at http://www.triabeauty.ca, and the Company reserves the right, at any time and without prior notice, to change the price of any one or more Products. In addition, the Company reserves the right, at any time and without prior notice, to add or remove Products from the Program.
    3. Commencing after the first shipment, the Replenish Period can be changed to 30, 90, or 120 days, and the date of the next shipment can be accelerated, by signing in to your online account at http://www.triabeauty.ca/login, then selecting "Manage Replenishments", then selecting the Replenishment Order and then selecting "Change Order Frequency", or contacting Customer Care at (877) 321-Tria (8742) during the hours posted on the Company's website at http://www.triabeauty.ca. Please note that changes to your Replenish Period or any shipment date will alter the subsequent delivery schedule and frequency of charges to your credit card.
    4. iv. By selecting the Program, (a) you agree to pay the above charges by credit card, (b) you hereby represent and warrant to the Company that the credit limit for the credit card you provided is sufficient for each of the above charges and (c) you agree to be liable for all amounts set forth above (regardless of whether the credit limit for the credit card you provided is sufficient for each of the above charges).
    5. v. In the event that the credit limit for the credit card you provided is not sufficient for the above charges or such credit card is cancelled, revoked or suspended before full payment is made, you agree (a) to provide the Company with an alternative credit card and hereby authorize the Company to charge any or all of the above amounts to such alternative credit card and (b) that the Company may, without notice, cancel or suspend any and all shipments and orders (in addition to pursuing any other available remedies).
    6. vi. By selecting the Program, you agree to keep your shipping and billing addresses and credit card information current. You may update your address and/or credit card information by signing in to your online account at http://www.triabeauty.ca/login_ca.htm, then selecting "Account Information" and then selecting "Edit Address" or "Edit Credit Card", as applicable, or contacting Customer Care at (877) 321-Tria (8742) during the hours posted on the Company's website at http://www.triabeauty.ca.
  2. Returns. Each shipment of Selected Products is subject to the Company's then current return policy and procedure, as posted on the Company's website at http://www.triabeauty.com/info/help.htm#returns , and also available by contacting Customer Care at (877) 321-Tria (8742) during the hours posted on the Company's website at http://www.triabeauty.ca. The Company reserves the right, at any time and without prior notice, to modify, alter or update its return policy and procedure.
  3. Cancellation. You may cancel or suspend your participation in the Program with respect to one or more Selected Products 48 hours prior to the next applicable shipment date by signing in to your online account at http://www.triabeauty.ca/login_ca.htm, then selecting "Manage Replenishments" and then selecting "Cancel Order", or contacting Customer Care at (877) 321-Tria (8742) during the hours posted on the Company's website at http://www.triabeauty.ca
  4. Restrictions. The Program may not be used in conjunction with any other offers, promotions, discounts or similar programs.
  5. Incorporation by Reference. You agree to be bound by (i) the Terms of Use set forth on the Company's website at http://www.triabeauty.ca/terms-of-use, which the Company reserves the right, at any time and without prior notice, to modify, alter or update, and (ii) the limited warranty, and the related terms and conditions, enclosed with the Product(s) purchased. The foregoing terms and conditions referenced in clauses (i) and (ii) of this Section 5 are hereby incorporated by reference and made a part of this contract.
  6. General Terms and Conditions.
    1. Unless, like in the province of Quebec, the laws of your jurisdiction require that the laws of that jurisdiction apply, these terms and conditions are governed by the laws of the State of California without regard to the conflicts of laws principles of any jurisdiction
    2. Any express waiver or failure to exercise promptly any right under these terms and conditions will not create a continuing waiver or any expectation of non-enforcement. If any provision of these terms and conditions is held invalid by any law or regulation of any government, or by any court or arbitrator, such provision will be replaced with a new provision that accomplishes the original purpose, and the other provisions of these terms and conditions will remain in full force and effect.
    3. Shipping and handling charges will not be refunded in connection with any permitted returns, unless otherwise expressly provided under the Company's then current return policy and procedure referenced under Section 2 above. These terms and conditions constitute the entire agreement between you and the Company relating to their subject matter. No modification to these terms and conditions will be binding unless in writing and signed by an authorized representative of each party. You may not assign, sublicense, delegate or otherwise transfer any rights or obligations hereunder.