The following Terms and Conditions apply to the use of this website, as well as all transactions conducted through the site.
Trademarks
All brand, product, service, and process names appearing on this website are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by Charmed Medispa, Inc. (hereinafter referred to as ‘CMS’). Nothing contained herein shall be constructed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of CMS or any third party, except as expressly granted herein.
Use of Website
This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. CMS and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if CMS believes that customer conduct violates applicable law or is harmful to the interests of CMS and its subsidiaries.
Shipping and Delivery
At this time, CMS ships merchandise to locations within the United States. The risk of loss and title for all merchandise ordered on this website pass to you when the merchandise is delivered to the shipping carrier. Depending on where you live the time it may take to receive your products could be 3-10 days.
Return Policy
You may purchase merchandise from this website by using the PayPal payment option. CMS reserves the right to change its payment procedures at any time without prior notice to you.
Gift Certificate Policy
Gift Certificates are available in any amount and can be purchased by phone, in the spa or online. Certificates can be redeemed towards service and merchandise. We are not responsible for lost, stolen, damaged or misplaced certificates. Cash value of purchased gift certificate for treatments or packages are subject to change one year after issue.
Refunds, Gift Certificates and Products
We do not offer refunds, exchanges, or credits on spa services, gift certificates or retail products. All sales are final.
Void Where Prohibited
Although the information on this website is accessible worldwide, not all products or services discussed in this website are available and not all products or services discussed in this website are available to all persons or in all geographic locations or jurisdictions. CMS reserves the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide. Any offer for any product or service made in the materials on this website is void where prohibited.
Governing Law
In the event of litigation both parties agree that the Law of the State of business registration of the CMS shall apply and both parties shall consent to the jurisdiction of said State’s courts, or in the event of diversity of citizenship, in the applicable United States District Court. Both parties expressly waive a trial by jury.
Miscellaneous
The Terms and Conditions constitute the entire agreement between you and CMS with respect to this website. The Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and CMS with respect to this website. No modification of the Terms and Conditions shall be effective unless it is authorized by CMS. If any provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.
Your Relationship With CMS
CMS is a medical spa designed to offer a variety of products and services by choice. Online product sales are limited and should be used according to package instructions. CMS cannot be held liable for any side effects or lack of result for use on any product.
Liability Disclaimer
CMS disclaims liability for any loss, injury, claim or damage related to your use of its products and services, including without limitation, those resulting from errors or omissions, a site or application being down, data loss, and unsatisfactory aesthetic outcomes. CMS. will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary due to your use of any of Charmed Medispa’s products or services. CMS will not be liable to you for any indirect, incidental, consequential, reliance or special damages, including without limitation damages arising from any court action or legal dispute.
In no event shall the aggregate liability of CMS, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of CMS products or services, exceed any compensation paid by you for treatment by CMS during the three months prior to the date of any claim.
Indemnification
You will indemnify and hold harmless CMS and its officers, agents employees, representatives, and assigns from any costs, damages, expenses, and liability caused by your use of any CMS products and services or your violation of these Terms of Service.
Modification of These Terms
We reserve the right to modify these Terms of Service. You agree that your use of CMS and its officers, agents, employees, representatives, and assigns from any costs, damages, expenses, and liability caused by your use of any of CMS products and services after a modification will be treated as acceptance of the modified Terms of Service.
Contact Us
By email: charmedmedispa@gmail.com
H48 Omega Drive, Newark, DE 19713 (302) 273-2827
Medical Director: AnnaMarie D’Amico, MD
