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  2. Products, shipping , disclaimers and statement on DHA

A.                Price and Payment Terms.  Your total price for the Products will be stated on your invoice and order receipt.  Terms of payment are within the Corporation’s sole discretion, and unless otherwise agreed to by the Corporation, payment must be received by the Corporation prior to Corporation’s acceptance of an order.  Payment for the Products must be made by credit card, debit card, PayPal, or some other prearranged payment method.  Currently, the Corporation does not accept money orders, cashier’s checks, personal checks, or company checks as a form of acceptable payment. Orders are not binding upon the Corporation until accepted by the Corporation, and the Corporation reserves the right to decline the acceptance of any order, including, without limitation, in the event the price of the Products is a mistake.  Prices advertised do not include shipping and handling or applicable sales taxes, which will be added to the price you pay. 

B.                 Shipping and Title.  The Corporation will arrange shipping of the Products to your address.  Title to the Products passes to you upon delivery to the carrier, and risk of loss passes to you upon delivery to your address. Full size orders will be processed and ship within 24 hours from when received (On a business day) We do not guarantee or promise same day shipping .If order is placed on a weekend it will be processed on Monday provided the product ordered is in stock.  Please allow up to 2 business days for sample orders to be processed. Orders are not processed or shipped on Fridays during summer months, as well as all Saturdays or Sundays. Most orders ship USPS priority mail. However transit time is not guaranteed and Perfect Glow Sunless is not responsible for any delays on part of USPS so please order your products in advance.  For faster/guaranteed  order deliveries, select USPS priority mail as the primary shipping method and do not require signature. The costs of shipping and handling will be shown on your order receipt. **All orders over $200 will receive free shipping (US orders) with the shipping method to be either USPS priority mail, UPS OR FedEx ground service, such shipping method to be determined by the Corporation in its sole discretion, and will likely take between 4-7 days for delivery. ** Corporation will inform you of estimated shipment dates, but will not be responsible for delays of any kind in delivery due to events beyond its control, including carrier issues, shortage of inventory, labor strikes, transportation failure, or acts of God.  We encourage you to order in a timely fashion to avoid delays caused by shipping or product availability. All International orders will be processed and shipped within 3 days of receipt of order and payment.  Products are heat sensitive and you are responsible for providing a shipping address where the package can be received and checking your mailbox in case the package is left in there. we recommend shipping your order to an address where someone will be able to receive the package. If you choose to ship to a home address, Perfect Glow Sunless is not responsible for any shipments that are left outside, Left in front of your door, stolen or/and exposed to the heat or delivered to a PO box . If the package is delivered to a business location, you are responsible for checking the mailbox as well.   

C.                Products.  Corporation may revise, modify, and discontinue Products, or any content contained within at any time.

D.                Inspection of Products Upon Receipt.  You must examine the Products when you receive them.  If any item, or any part thereof, is damaged or missing, you must notify the Corporation Customer Service by calling 561-801-GLOW (4569) or send us an email at Info@perfectglowsunless.com within 24 hours of receiving shipment so that we may investigate and issue a product exchange.  Items damaged in transit require a picture of the damage to be sent to the Corporation. The Corporation will not consider any claim for damaged or missing items more than thirty (5) days from the date of delivery.

E.                 Return & Exchange Policy.  The Corporation offers no returns for its Spray tan solution, self tanning and body care products.  All spray tan solution sales are final.  So please double check your order before checking out. if you are unsure of a product please contact us for assistance before completing your order. No exchanges will be permitted without cause or due to order of the wrong product(s).  However, the Corporation may, in its sole discretion, exchange Products or portions of a Product, in the event that there is physical damage to any of the Products upon arrival.  Any exchanges will be made in accordance with Corporation’s exchange policies in effect on the date of the exchange.  If the Product(s) you purchased from the Corporation are physically damaged upon arrival, you may return them to the Corporation up to seven (7) days from the date of the invoice for an exchange.  To exchange Products, you must call Corporation Customer Service at 561-801-GLOW (4569) or send us an email at Info@perfectglowsunless.com  to receive an Exchange Authorization Number.  You must ship the Products to the Corporation in their original packaging, prepay shipping charges and insure the shipment or accept the risk of loss or damage during shipment.  Any returned Product shipped C.O.D., with or without a Return Authorization Number visible on the exterior of the carton, may be refused by the Corporation.  The Corporation reserves the right to refuse exchange of any Product if it determines upon inspection that the returned Product is missing any parts thereof when returned back to the Corporation. Please view the return section for full policy http://shop.yourperfectglow.com/Returns-Exchanges-_df_10.html

 Perfect Glow Sunless is an authorized distributor for Maximist. Any product warranties on machines and spray tan tents must be directed through them. 

F.                 Third Party Distributor Purchases.  If you purchase from a third party distributor you must adhere to their return and exchange company policy.  The Corporation will not participate in the return and exchange of products purchased through third party distributors.

G.                 International Orders.    International orders will be processed within 3 business days of order placed and payment received by the Corporation. The customer is solely responsible for the payment of any and all custom fees and international surcharges related to the order and for any returns and exchanges.  The Corporation has no control over customs and border patrol, therefore should a shipment be rejected or delayed by customs or border patrol, the Corporation shall be held harmless and customer will be solely responsible for any reshipment fees. 

H.                Multiple Product Orders.     The Corporation will make every attempt to ship all products contained in the order in the same shipment. Products that are unavailable at the time of shipping will be shipped as they become available, unless the we inform you otherwise. You will only be charged for products contained in a given shipment, plus any applicable shipping charges. You will only be charged for shipping at the rate quoted to you on your purchase receipt and will not be responsible for subsequent shipping charges on the same order. The entirety of this shipping charge may be applied to the first product(s) shipped on a multiple shipment order.

I.                   Out Of Stock Products.        The Corporation will ship your product(s) as they become available if they are out of stock at the time of your purchase order. We will keep you informed of any product(s) that you have ordered should they be out-of-stock and unavailable for immediate shipment. You may cancel your order at any time prior to shipping.

J.                  Taxes. The Corporation shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within the State of Florida. For orders shipped to other states, you are solely responsible for all sales taxes or other taxes.

K.                FDA Statement on DHA.  These statements are provided to you for information purposes only, and is issued by the U.S. Food and Drug Administration.  For more information please visit: http://www.fda.gov/Cosmetics/ProductsIngredients/Products/ucm134064.htm

Sunless tanning delivers a faux glow by coating your skin with the chemical dihydroxyacetone (DHA). DHA interacts with the dead surface cells in the epidermis to darken skin color and simulate a tan, and the result usually lasts for several days.   While the FDA allows DHA to be "externally applied" for skin coloring, there are restrictions on its use.  DHA should not be inhaled, ingested, or exposed to areas covered by mucous membranes including the lips, nose, and areas in and around the eye (from the top of the cheek to above the eyebrow) because the risks, if any, are unknown. According to the CFR, "externally applied" cosmetics are those "applied only to external parts of the body and not to the lips or any body surface covered by mucous membrane."  21 CFR 70.3(v).  The industry has not provided safety data to FDA in order for the agency to consider approving it for use on these exposure routes, including "misting" from tanning booths.

Warning--This product does not contain a sunscreen and does not protect against sunburn.  Repeated exposure of unprotected skin while tanning may increase the risk of skin aging, skin cancer, and other harmful effects to the skin even if you do not burn. 21 CFR 740.19.

What Does This Mean For The Sunless Process?

When using products containing DHA as a spray or mist, it may be a challenge to avoid exposure in a manner for which DHA was not originally approved, including contact with the area of the eyes, lips or mucous membrane, or even internally. Because of this, the FDA suggests consumers ask the following questions when considering commercial facilities where DHA is applied by spraying or misting:

Are consumers protected from exposure in the entire area of the eyes, in addition to the eyes themselves?

Are consumers protected from exposure on the lips and all parts of the body covered by mucous membrane?

Are consumers protected from internal exposure caused by inhaling or ingesting the product?

If the answer to any of these questions is “no,” the FDA says that the consumer is not protected from the use of sunless products. In this case, the FDA suggests that the consumers request measures to protect their eyes and mucous membranes and prevent inhalation.

What Does This Mean For The Technician Applying Sunless?

Spray tan airbrush technicians must take extra care in informing clients to avoid breathing the spray tan product during the application process. Consumers also should try to avoid direct application of the product into the eye area as described above, and use a lip balm or other barrier product on the lips and in the nostrils to avoid contact with the mucous membrane.

The FDA’s cautious opinion on DHA most likely stems from relying on limited information found in the product’s Material Safety Data Sheet (MSDS) originating in 1973. From its original use as a topical substance, DHA was listed with three “risk numbers”: R36, R37 and R38.

R36 Irritating to eyes.

R37 Irritating to respiratory system.

R38 Irritating to skin.

These risk numbers are based on pure forms of DHA with no other additives considered such as water and so on. To put this into perspective, the purist form of many cosmetic ingredients fall under the same risk numbers.

To best take advantage of the bronzing effects of sunless products in its newest form, prudent sunless airbrush/HVLP technicians should use care when offering sunless in a spray or mist application.

Have your clients avoid getting this and other tanning products directly into their eyes. Disposable eye protection may be a good option.

Protect their lips with lip balm or petroleum jelly.

A nose filter can be used to protect the mucous membrane and also to provide inhalation protection. You can also offer a disposable face mask for extra protection.

Disposable undergarments can be used to protect the more private mucous membranes.

Ensure proper ventilation for staff and clients in the sunless application area of your salon. An overspray booth or overspray fans with filters should be set up to remove overspray in the air. Spray equipment should not be set up near intakes for the salon’s ventilation system.

Although sunless solution contains no known toxins, the repeated inhalation may cause irritation, as it would be with any substance. Common sense would dictate prudent technicians wear a filtering mask while spraying clients.

You can view the FDA statement on DHA via this link https://www.fda.gov/Cosmetics/ProductsIngredients/Products/ucm134064.htm

I acknowledge that I am an adult, at least 18 years of age, and I have the legal right to consent to this agreement.  I understand that the products sold on this website contain chemicals possibly harmful to health and there have not been any studies regarding the long term use of dha. I have read the FDA disclaimer(s) contained in this agreement, and am choosing voluntarily to purchase and use products from this website and/or from Perfect Glow Sunless, Inc. generally, with full knowledge of the potential health risks and harm.  I further agree not to use the products purchased from this website, and/or from Perfect Glow Sunless, Inc. generally, on any person(s) under 18 years of age without parental consent, or permit any person(s) under 18 years of age to purchase or have access to any of the products purchased from this website and/or from Perfect Glow Sunless, Inc. By purchasing this product you agree that you are 100% responsible for educating your customers on the safety of this product and take full liability for any adverse reactions you or your customers might possibly have by using this product. By agreeing to the terms and conditions you hold Perfect Glow Sunless and Melissa Weinberg harmless for any injury due to the use of this product.

 

III.       PRIVACY:  All information you provide in accessing and using this website may be used by the Corporation as described in our Privacy Policy, which is incorporated as a part of this Agreement.

 

IV.       PROHIBITED ACTIVITIES:  This website provides you an opportunity to provide feedback and share your ideas.  The Corporation reserves the right to remove any posts or content added by you to its websites, as well as any and all social media forums in which it participates, if it determines, in its sole discretion, that such posts or content is inappropriate in any way.

A.        You may not place any content on this website that, in website’s sole determination, is:

·         Fraudulent, false, or misleading

·         Harassing

·         Illegal, abusive, or threatening

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·         Sexually explicit

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·         Defamatory or libelous

·         Is or may be harmful to minors

·         Offensive, derogatory, or disparaging

·         Spam

·         Otherwise inappropriate, as determined by the Corporation

B.  You may not use this website or any related social media forum for any commercial or political advertisements, solicitations or promotions.

C. You may not upload any destructive programs such as viruses and/or self-replicating code or take any other actions to harm this website or any related social media forum.

D.  You may not send unsolicited e-mail messages, including junk mail and chain letters, to any other user of this website or any related social media forum.

E.   You may not solicit passwords or other personal information from any other uses of this website or any related social media forum.

 

V.        LINKS:  As a convenience, this website may contain links to other Internet sites that are owned and operated by third parties.  By offering you these links, website is not endorsing any of the other sites and website has no responsibility for the third party sites.  You access linked sites at your own risk.

 

VI.       EXPORT RESTRICTIONS:  United States export laws and regulations restrict the exportation and/or re-exportation, through downloading or otherwise, into certain embargoed countries, including Cuba, Iraq, Libya, North Korea, Iran, and Syria.  By using this website and/or purchasing Products, you are representing that you are not located in any of the prohibited countries and/or will not be shipping or transporting Products to any of the prohibited countries.

VII.     DISCLAIMERS:  THIS WEBSITE IS PROVIDED BY THE CORPORATION ON AN “AS IS” BASIS AND THE USE OF THIS WEBSITE, AS WELL AS THE PURCHASE OF PRODUCTS FROM THIS WEBSITE, IS ENTIRELY AT YOUR OWN RISK.  THE CORPORATION MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED OR SOLD ON THIS WEBSITE, OR THE CONTENT OF ANY PRODUCTS OR SERVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, THE STATUTORY WARRANTY AGAINST NON-INFRINGEMENT, AND INFORMATIONAL CONTENT.  NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY WEBSITE OR ITS EMPLOYEES OR REPRESENTATIVES, WILL CREATE A WARRANTY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.  This Section shall survive any termination of this Agreement. Corporation reserves the right to modify its warranty at any time, in its sole discretion. Some states limit or disallow certain disclaimers of warranties, so certain portions or all of the above disclaimers may not apply to you.

 

VII.     LIMITATION OF LIABILITY:  NEITHER THE CORPORATION NOR ANY OF ITS REPRESENTATIVES, AFFILIATES, LICENSORS, OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, AS WELL AS ANY LOST PROFITS, LOSS OF BUSINESS, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THE USE OF WEBSITE OR THE SERVICES OR TRANSACTIONS THROUGH THIS WEBSITE, THE PURCHASE OR USE OF ANY PRODUCTS AND/OR SERVICES ON THIS WEBSITE, OR THE INABILITY TO GAIN ACCESS TO THIS WEBSITE.  YOU AGREE THAT, IN NO EVENT SHALL WEBSITE OR ITS OFFICERS, DIRECTORS, OWNERS, INDEPENDENT CONTRACTORS, EMPLOYEES, AGENTS, LICENSORS OR AFFILIATES BE LIABLE, AND YOU RELEASE ALL SUCH PERSONS FROM ANY LIABILITY, DIRECTLY OR INDIRECTLY, TO YOU FOR ANY LOSS, DAMAGE, LIABILITY OR EXPENSE ARISING OUT OF OR RELATED TO THE USE OF THIS WEBSITE OR THE PURCHASE AND USE OF THE PRODUCTS AND/OR SERVICES THROUGH THIS WEBSITE REGARDLESS OF WHETHER SUCH LOSS, DAMAGE, LIABILITY OR EXPENSE RESULTS DIRECTLY OR INDIRECTLY FROM CORPORATION NEGLIGENCE.  IN ANY EVENT, CORPORATION’S LIABILITY TO YOU IS LIMITED TO THE AGGREGATE DOLLAR AMOUNT PAID BY YOU FOR THE PURCHASE OF PRODUCTS UNDER THIS AGREEMENT. This Section shall survive any termination of this Agreement.  Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

VIII.    INDEMNIFICATION:  You agree to indemnify the Corporation and its officers, directors, owners, independent contractors, employees, agents, and affiliates for and from any loss by reason of, in any way relating to, or arising out of:  (a) your use of this website and any violation of any law, rule, or regulation arising out of such use; (b) any misuse of information, including email addresses and email content arising out of or relating to your use of this website or any related social media forum; and (c) any violation of this Agreement.

IX.       APPLICABLE LAW AND JURISDICTION:  This Agreement shall be construed and governed by the laws of the State of Florida, United States of America and not by the application of choice of law principles or the laws of any other state or country.  You agree that the federal and state courts located in Palm Beach County, Florida shall have exclusive jurisdiction and venue over any action brought to enforce the rights and obligations in or arising from this Agreement and each of the parties irrevocably submits to the jurisdiction of such courts.

X.        FORCE MAJEURE: The Corporation will not be liable in any amount for failure to perform under this Agreement if such failure is caused by power outages, Internet outages, communications outages, fire, flood, earthquakes, tornadoes, war, acts of God or the occurrence of any other unforeseen contingency beyond the control of the Corporation.

XI.       ENTIRE AGREEMENT; NON-SEVERABILITY:  This Agreement constitutes the entire agreement between you and the Corporation and supersedes all prior agreements and understandings, whether written or oral, with respect to the subject matter of this Agreement.  If any term, provision, covenant or restriction of this Agreement is held by a court of competent jurisdiction or other authority to be invalid, void, unenforceable or against public Agreement, the remainder of this Agreement shall remain in full force and effect and the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties.