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.