Acne Experts,
As mentioned in email and the Facebook group, our Wholesale Supply Agreement has been updated. Please read through and agree to our new Terms & Conditions by selecting the box at the bottom of this document and clicking the 'Submit' button.
Thank you.
FACE REALITY, INC.
SUPPLEMENTAL TERMS AND CONDITIONS OF PURCHASE
Please review the following Supplement Terms and Conditions of Purchase (these "Supplemental Terms") carefully. Your purchase of products from Face Reality, Inc. ("Face Reality") at https://pros.facerealityskincare.com/ (the "Pro Website") constitutes your agreement to the following: (1) you are a licensed skincare professional (Physician, Nurse, Aesthetician, or Cosmetologist) and an approved reseller ("Reseller") of Face Reality's Products, (2) you have a valid, fully-executed Supply Agreement with Face Reality ("Supply Agreement"), (3) you have read, understand, and agree to be bound by these Supplemental Terms and agree that these Supplemental Terms are in addition to and supplement the terms of the Supply Agreement, and (4) you have the authority to enter into these Supplemental Terms personally or on behalf of the entity named as the Reseller, and to bind that entity to these Supplemental Terms. The term “you” refers to the individual or legal entity, as applicable, identified as the Reseller on the Supply Agreement. If you do not agree to be bound by these Supplemental Terms, you may not access or use the Pro Website or purchase products through the Pro Website.
The Supply Agreement and any addendum or amendment thereto signed by you and Face Reality, and these Supplemental Terms (collectively referred to as the “Agreement”), constitute the entire agreement between you and Face Reality and supersede all prior negotiations and agreements. No course of prior dealings between you and Face Reality and no usage of the trade shall be relevant to supplement, alter, or explain any term used in the Agreement. If these Supplemental Terms are inconsistent with the terms of the Supply Agreement, these Supplemental Terms shall control. All capitalized terms used herein and not otherwise defined shall have the meaning set forth in the Supply Agreement.
These Supplemental Terms May Change. Please note that these Supplemental Terms are subject to change by Face Reality in its sole discretion at any time. When changes are made, Face Reality will make a new copy of these Supplemental Terms available on the Pro Website. Any changes to these Supplemental Terms will be effective immediately. Face Reality may require you to provide consent to the updated Supplemental Terms in a specified manner before further use of the Pro Website or purchase of product from the Pro Website is permitted. If you do not agree to any change(s) after the changes have been made, you must stop using the Pro Website. Otherwise, your continued use of the Pro Website constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE PRO WEBSITE TO VIEW THE THEN-CURRENT TERMS.
Restriction on Purchase of Products with Active Ingredients. Products containing active ingredients (as set forth in Schedule A of the Supply Agreement and as noted on the product description), may only be purchased by you for and on behalf of your clients for whom you have performed the required consultation and ongoing care.
- "Required consultation" shall, at a minimum, include:
- Correspondence between you and the Client via check-in form, via email, via phone, or video.
- Visual evaluation by the licensed professional, which may be done in-person, by video or photos.
- An analysis and consultation utilizing the acne consultation package provided by Face Reality, including: Client Questionnaire, Acne Consultation, Lifestyle Choices Affecting Acne, Skin Analysis, and Client Agreement.
- "Ongoing care" shall, at a minimum, include ongoing communication and evaluation of the Client's treatment plan, continued visual skin analysis via video, photo, or in-person until Client is clear.
By purchasing products with active ingredients, you are certifying that the products are being purchased for clients for whom you have performed or are performing the required consultation and ongoing care. For additional information on what constitutes as compliant:
Violation Escalation Policy. Face Reality will follow the course of action set forth below in the event that you violate the terms of the Agreement, including these Supplemental Terms, as determined by Face Reality in its sole discretion.
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First Violation: |
You will receive a warning. A Face Reality team member will contact you to notify you of the violation, and you shall have 30 days to correct or cure such violation. If you fail to make the correction within such 30-day period, you will be notified by phone or e-mail that your account is temporarily suspended until the necessary changes are made. |
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Subsequent Violations: |
A purchasing hold will be placed on your Reseller account. A Face Reality team member will contact you to notify you of the second violation, and that your account is locked until the violation is resolved. You will need to contact Face Reality when the violation is resolved to reactive your account. |
In the event of consistent or multiple violations of the terms of the Agreement, Face Reality reserves the right to take further action it deems necessary or appropriate in its sole discretion, up to and including termination of its Agreement with you.
Price Changes. The purchase price of products are subject to change upon 30 days' prior written notice to you by Face Reality.
Client Communications. You remain solely responsible for the treatment plans of your clients, and you agree to direct all of your clients to contact you and not Face Reality with any questions regarding their treatment or the products you recommend or prescribe to them. At no time will Face Reality communicate with your clients regarding their treatment plans or products ordered. Face Reality will not respond to any inquiries received by Face Reality from your clients regarding their treatments or use of the products. All such inquiries will be referred by Face Reality to you.
Drop Ship Transaction Policies. At your request, Face Reality may ship product directly to your Client; provided, however, that Face Reality shall not be responsible for communicating with your Client regarding any shipments, including providing tracking information. You acknowledge and agree that all communications regarding shipments shall be solely between you and your client. In addition, you acknowledge and agree that any returns shall be solely your responsibility.
Additional Shipping and Delivery Terms. Reseller shall bear the risk of loss and be liable for any loss or damage sustained in transit and Reseller shall not be entitled to any offset or deduction of any such loss or damage. Claims for damages in transit, and for any lost or stolen packages if no signature is required at delivery, must be asserted by Reseller against the carrier. Claims for loss, damage, deterioration, delay or shortage not due to the actions or neglect of the carrier shall be deemed waived unless made, in writing, to Face Reality within twenty four (24) hours after receipt of shipment.
International Shipment and Sales. Face Reality does not ship outside the United States and its products are not authorized for sale or use outside of the United States. Face Reality makes no representations and disclaims all warranties that the sale, prescription, or use of its products outside of the United States are in compliance with the laws of any foreign jurisdiction. Face Reality shall have no liability to you or to any client or third party for any of its products that you ship, sell, prescribe or use outside of the United States, and any and all risks or liabilities arising therefrom shall be your sole responsibility. Face Reality shall have no obligation to indemnify you, your clients, or any third party in the event any Losses arise from or relate to your unauthorized shipment to, or sale, prescription or use of its products within, jurisdictions outside of the United States. You agree to indemnify, protect, defend and hold harmless Face Reality and its directors, officers, shareholders, agents, representatives, affiliates and successors, from and against any all Losses directly or indirectly resulting from or relating to your shipment, sale, or prescription of any Face Reality products to clients or any other third parties, or their use thereof, in jurisdictions outside of the United States.
CODE OF CONDUCT
By agreeing to these Supplemental Terms, you agree to abide by Face Reality's Mutual Promise of Respect and Kindness.
Here at Face Reality, we endeavor to provide outstanding customer service with the utmost respect and kindness. We expect our licensed skincare professionals to provide in return the same level of respect and kindness to us. We expect you to correspond with members of our team without using profanity or negative, disrespectful language. Repeat violations of this code of conduct may lead to the immediate suspension or termination of your Reseller account at Face Reality's sole discretion. Face Reality reserves the right to suspend sales or close the account of any Reseller who fails to comply with these policies, terms, and conditions at any time without prior notice.