OVERVIEW
Welcome to AESTX Aesthetic Systems! The terms “we”, “us” and “our” refer to AESTX Aesthetic Systems. AESTX Aesthetic Systems operates this store and website, including all related information, content, features, tools, products and services, to provide you, the customer, with a personalised shopping experience (the “Services”). AESTX Aesthetic Systems is powered by Shopify, which enables us to provide the Services to you.
The following terms and conditions, together with the policies referenced herein (these “Terms and Conditions” or “Terms”), describe your rights and obligations when using the Services.
Please read these Terms and Conditions carefully, as they contain important information about your legal rights and address matters such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to these Terms and Conditions and our Privacy Policy. If you do not agree to these Terms and Conditions or the Privacy Policy, you may not use or access our Services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms and Conditions, you confirm that you are of legal age in the state or region where you reside and have given us your consent to allow your minor dependants to use the Services on devices that you own, have purchased or manage.
To use the Services, including accessing or browsing our online stores or purchasing products or services we offer, you may be asked to provide information such as your email address and billing, payment and delivery details. You represent and warrant that all information you provide in our stores is accurate, current and complete and that you are fully authorised to provide it.
You alone are responsible for keeping your account login credentials secure and for all activity on your account. You may not transfer, sell, assign or license your account to another person.
SECTION 2 – OUR PRODUCTS
We have made every effort to display our products and services as accurately as possible in our online stores. However, please note that product colours or appearance may differ from those shown on your screen depending on the device you use to access the store and its settings and configuration.
We do not warrant that the appearance or quality of any products or services you purchase will meet your expectations or match the representations in our online stores.
All product descriptions may be changed at any time without notice at our sole discretion. We reserve the right to discontinue products at any time and to limit, on a case-by-case basis, the quantities offered to any person, geographic region or jurisdiction.
SECTION 3 – ORDERS
By placing an order, you make an offer to purchase. AESTX Aesthetic Systems reserves the right to accept or reject your order at its discretion for any reason. Your order is accepted only after confirmation by AESTX Aesthetic Systems. Acceptance requires receipt and processing of your payment. Please review your order carefully before submitting it, as AESTX Aesthetic Systems may be unable to accommodate cancellation requests after acceptance. If we reject, change or cancel an order, we will attempt to notify you using the email address, billing address and/or telephone number provided when ordering.
Returns or exchanges of your purchases are governed exclusively by our right-of-withdrawal policy.
You represent and warrant that your purchases are for your personal or household use and are not for commercial resale or export.
SECTION 4 – PRICES AND BILLING
Prices, discounts and special offers may change without notice. The price charged for a product or service is the price in effect when the order is placed and will be stated in the order confirmation emailed to you. Unless expressly stated otherwise, listed prices exclude taxes, shipping, handling, customs duties and import fees.
Prices listed in our online stores may differ from those in physical stores or online or other stores operated by third parties. From time to time, we may offer promotions affecting the pricing of the Services, which may be subject to different terms and conditions. If the terms of a promotion conflict with these Terms, the promotion’s terms take precedence.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases in our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiry dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, accurate and complete; (ii) you are authorised to use that credit card for the purchase; (iii) your credit card company will honour the charges you incur; and (iv) you will pay those charges at the stated prices, including shipping and handling fees and all applicable taxes.
SECTION 5 – SHIPPING AND DELIVERY
We are not liable for shipping or delivery delays. All delivery times are estimates and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs clearance or events outside our control. Once we hand the products to the shipping carrier, title and risk of loss pass to you.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all brands, trademarks, text, displays, images, graphics, product reviews, video and audio files, and their design, selection and arrangement, belong to AESTX Aesthetic Systems, its affiliates or licensors and are protected by US and foreign patent, copyright and other intellectual property laws.
These Terms and Conditions permit you to use the Services solely for personal, non-commercial purposes. Without our prior written consent, you may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit material from the Services. Except as expressly provided herein, nothing in these Terms grants or implies any licence or other right to patents, trademarks, copyrights or other intellectual property of AESTX Aesthetic Systems, Shopify or third parties. Unauthorised use of the Services may violate federal and state intellectual property laws. AESTX Aesthetic Systems reserves all rights not expressly granted herein.
The names, logos, product and service names, designs and slogans of AESTX Aesthetic Systems are trademarks of AESTX Aesthetic Systems or its affiliates or licensors. You may not use these trademarks without prior written permission from AESTX Aesthetic Systems. The Shopify name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs and slogans on the Services are trademarks of their respective owners.
SECTION 7 – OPTIONAL TOOLS
You may receive access to customer tools offered by third parties as part of the Services, which we do not monitor, control or influence.
You acknowledge and agree that we provide access to such tools “as is” and “as available”, without warranties, representations or conditions of any kind and without endorsement. We disclaim all liability arising from or relating to your use of optional third-party tools.
Any use of optional tools offered through the website is entirely at your own risk and discretion. You are responsible for familiarising yourself with and accepting the terms under which the relevant third-party providers supply those tools.
We may also offer new features through the Services in the future, including new tools and resources. Such features will form part of the Services and be subject to these Terms and Conditions.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party features. We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites that you access at your discretion. If you leave the Services to access such materials or websites, you do so at your own risk.
We are not liable for harm or losses arising from your access to third-party websites or from purchasing or using products, services, resources or content on those websites. Carefully review the third party’s policies and procedures and ensure that you understand them before making a transaction. Complaints, claims, concerns or questions about third-party products and services should be directed to the relevant third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANTS: This section accurately describes Shopify’s relationship with your store and should not be removed or modified.]
AESTX Aesthetic Systems is powered by Shopify, which enables us to provide the Services to you. However, all sales and purchases in our store are made directly with AESTX Aesthetic Systems. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of transactions between you and AESTX Aesthetic Systems, including injury, damage or loss arising from purchased products and services. You expressly release Shopify and its affiliates from all liability for claims, damages and obligations arising from or relating to your purchases and transactions with AESTX Aesthetic Systems.
SECTION 10 – PRIVACY POLICY
All personal data we collect through the Services is subject to our Privacy Policy, available here [LINK]. Certain personal data may also be subject to Shopify’s Privacy Policy, available here . By using the Services, you confirm that you have read these privacy policies.
As Shopify hosts the Services, Shopify collects and processes personal data about your access to and use of the Services to provide and improve them. Data you submit to the Services is shared with Shopify and third-party providers, which may be located in countries other than your country of residence, to provide the Services. See our Privacy Policy [LINK] for more information about how we, Shopify and our partners use your personal data.
SECTION 11 – FEEDBACK
If you submit, upload, post, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display that Feedback in any medium for any purpose, including commercial use. For example, we may exercise our rights under this licence to operate, provide, evaluate, expand, improve and promote the Services, fulfil our obligations and exercise our rights under these Terms and Conditions.
You further represent and warrant that (i) you own all Feedback or have all necessary rights to it; (ii) you have disclosed any compensation or incentives received in connection with submitting your Feedback; and (iii) your Feedback complies with these Terms and Conditions. We are not obliged to (1) keep your Feedback confidential, (2) pay compensation for it or (3) respond to it.
We reserve the right, but are not obliged, to monitor, edit or remove Feedback that we determine, at our sole discretion, to be unlawful, abusive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or that infringes any party’s intellectual property or these Terms and Conditions.
You warrant that your Feedback does not infringe third-party rights, including copyrights, trademarks, privacy rights, personality rights or other personal or proprietary rights. You further warrant that your Feedback contains no defamatory or otherwise unlawful, abusive or obscene statements and is free from computer viruses or other malware that could affect the operation of the Services or a related website. You may not use a false email address, impersonate another person or otherwise mislead us or third parties about the origin of Feedback. You alone are responsible for your Feedback and its accuracy. We accept no responsibility or liability for Feedback posted by you or a third party.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on or in the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, product shipping costs, transit times and availability. If information is inaccurate, we reserve the right to correct errors, inaccuracies or omissions, change or update information or cancel orders at any time without prior notice, including after you have submitted your order.
SECTION 13 – PROHIBITED USES
You may access and use the Services only for lawful purposes. You may not directly or indirectly access or use the Services: (a) for unlawful or malicious purposes; (b) to violate international, federal, provincial or state regulations, rules, laws or local ordinances; (c) to infringe our intellectual property rights or those of others; (d) to harass, abuse, insult, injure, defame, slander, disparage, intimidate or harm any employee or other person; (e) to submit false or misleading information; (f) to send, knowingly receive, upload, download, use or reuse material that does not comply with these Terms and Conditions; (g) to transmit or arrange the transmission of advertising or promotional material, including junk mail, chain letters, spam or similar solicitations; (h) to impersonate or attempt to impersonate another individual or entity; or (i) to engage in conduct that restricts or inhibits use of the Services or that we believe may harm AESTX Aesthetic Systems, Shopify or users of the Services or expose them to liability.
You further agree not to: (a) upload or transmit viruses or other malicious code that affects the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any part of the Services; (c) collect or track others’ personal data; (d) engage in spamming, phishing, pharming, pretexting, spidering, crawling or scraping; or (e) interfere with or circumvent security features of the Services or related websites, other websites or the internet. We reserve the right to suspend, disable or close your account at any time without notice if we determine that you have violated any part of these Terms.
SECTION 14 – TERMINATION
We may terminate this agreement or your access to the Services, or any part of them, at our sole discretion at any time without notice. You remain liable for all amounts due up to the termination date.
The following sections survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver and Entire Agreement, Assignment, Governing Law, Privacy Policy and any other provisions that by their nature should survive termination.
SECTION 15 – DISCLAIMER OF WARRANTIES
Information presented in or through the Services is provided for general information only. We do not warrant its accuracy, completeness or usefulness. Any reliance on this information is at your own risk. We disclaim all liability and responsibility arising from reliance on these materials by you, other visitors to the Services or anyone informed of their content.
UNLESS EXPRESSLY STATED BY AESTX Aesthetic Systems, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THEM ARE PROVIDED FOR YOUR USE “AS IS” AND “AS AVAILABLE”, WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT GUARANTEE OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF IMPLIED OR OTHER WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 16 – LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, AESTX Aesthetic Systems, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, SHALL IN NO EVENT BE LIABLE FOR INJURY, LOSS, CLAIMS OR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, REVENUE, SAVINGS, DATA, REPLACEMENT COSTS OR SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS OBTAINED THROUGH THEM, OR FOR ANY OTHER CLAIM RELATED TO YOUR USE OF THE SERVICES OR A PRODUCT, INCLUDING ERRORS OR OMISSIONS IN CONTENT OR LOSS OR DAMAGE ARISING FROM USE OF THE SERVICES OR CONTENT OR PRODUCTS POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THEM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless AESTX Aesthetic Systems, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from losses, damages, liabilities or claims, including reasonable legal fees, payable to third parties and arising from (1) your breach of these Terms and Conditions or referenced documents, (2) your violation of any law or third-party rights or (3) your access to and use of the Services.
We will notify you of claims subject to indemnification. Failure to notify you promptly does not relieve you of your obligations unless it materially prejudices you. We may control the defence and settlement of such claims at your expense, including selection of legal counsel, but will not settle any claim requiring non-monetary obligations from you without your consent, which must not be unreasonably withheld. You will cooperate in defending indemnified claims, including by providing relevant documents.
SECTION 18 – SEVERABILITY
If any provision of these Terms and Conditions is found to be unlawful, void or unenforceable, it remains effective to the fullest extent permitted by law, and the unenforceable portion is deemed severed from these Terms. This finding does not affect the validity or enforceability of the remaining provisions.
SECTION 19 – WAIVER AND ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms and Conditions does not constitute a waiver of that right or provision.
These Terms and Conditions and all policies or operating rules we publish on this website or in relation to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service. They supersede all prior or contemporaneous agreements, communications and proposals, oral or written, between you and us, including earlier versions of these Terms and Conditions.
Any ambiguity in interpreting these Terms and Conditions shall not be construed against the party that drafted them.
SECTION 20 – ASSIGNMENT
You may not pass on, assign or transfer this agreement or your rights or obligations under these Terms and Conditions without our prior written consent, and any attempt to do so is null and void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or notice to you.
SECTION 21 – GOVERNING LAW
These Terms and Conditions and any separate agreements under which we provide Services to you are governed by and construed in accordance with the federal and state or territorial courts of the country where AESTX Aesthetic Systems has its headquarters. You and AESTX Aesthetic Systems consent to the venue and personal jurisdiction of those courts.
SECTION 22 – HEADINGS
The headings in this agreement are for convenience only and do not affect these Terms and Conditions.
SECTION 23 – CHANGES TO THE TERMS AND CONDITIONS
You can view the current version of the Terms and Conditions on this page at any time.
We reserve the right, at our discretion, to update, amend or replace any part of these Terms and Conditions by publishing updates and changes on our website. You are responsible for checking our website regularly for changes. We will notify you of material changes to these Terms in accordance with applicable law. Such changes take effect on the date specified in the notice. By continuing to use or access the Services after changes to these Terms and Conditions are published, you agree to those changes.
SECTION 24 – CONTACT INFORMATION
For questions about the Terms and Conditions, please contact info@aestx-systems.com