Terms & Conditions

THIS PRIVACY POLICY IS EFFECTIVE AS OF JANUARY 1, 2017.

This sales agreement is made on the day the order is processed via online shopping cart transaction between the online customer placing the order (the “Purchaser”) and Rezenerate, LLC (the “Company”).

  1. AGREEMENT: This Terms and Conditions agreement (the “Agreement”) is made and entered into by and between Rezenerate, LLC, a North Carolina limited liability company (the “Company”) and any person or entity that acquires any products and/or services (“Product or Products”) from the Company (the “Purchaser,” “you,” and “your”).
  2. PURCHASER REQUIREMENTS: Purchaser acknowledges and represents that you are at least eighteen (18) years of age and are either (i) a licensed skin care professional, having the state issued credentials of an esthetician (or higher) (“Professional”) or (ii) a representative of such a Professional who is purchasing on their behalf and with their consent. You agree and understand that the purchase and use of this Product is subject to all applicable laws of any applicable jurisdiction and IS FOR PROFESSIONAL USE ONLY. You agree (1) to comply with all rules or laws of any applicable jurisdiction, (2) not to use the Products for illegal purposes, (3) not to export or resell the Products, (4) not to attempt to modify, reverse engineer, or otherwise tamper with the Products, and (5) to use the Products only as they are intended to be used. The Company’s receipt of Purchaser’s order request and/or payments of such order reflect your acceptance of this Agreement including the pricing included with your order.
  3. SHIPPING: Full payment is required prior to the shipment of Products. Upon receipt, Purchaser is considered to have accepted the Product. Products typically ship in 3-5 business days but Company cannot guarantee exact shipping date, but always makes customer service a top priority.
  4. PRODUCT(S) TRANSFER BY PURCHASER: In order to ensure proper record keeping and proper usage of the Rezenerate System, Purchaser is prohibited from selling, transferring, assigning, or trading (all the foregoing considered a “Transfer”) the Product(s) to any third party without Company’s consent, which shall be given on a case by case basis at Company’s discretion (only transfers to licensed skin care professionals will be considered/approved). In the instance that Company gives consent to a Product(s) Transfer there will be a Transfer of Warranty Fee due of $50 (as detailed in the Rezenerate System Transfer Request Form available upon request).
  5. RETURN POLICY: Rezenerate does not sell refurbished or used equipment and as such ALL SALES ARE FINAL. Rezenerate reserves the right to accept a return and process a refund in extenuating circumstances on a case by case basis.
  6. RISK OF LOSS: Risk of loss or damage for Products shall pass to Purchaser once the Products have left the Company’s location. Title to Equipment shall pass to Purchaser upon payment to the Company for the Products. Purchaser acknowledges that nothing in this Agreement shall transfer to Purchaser any intellectual or industrial property right (including without limitation copyright, trade secret, trademark or patent) in any Products.
  7. LIMITATION OF LIABILITY: Purchaser acknowledges the Company’s maximum liability to Purchaser under this Agreement shall not exceed the amount paid by Purchaser for the Products which are the subject of the claim.
  8. INDEMNITY: Purchaser shall indemnify, defend and hold the Company harmless from and against any and all damages, expenses, liabilities and losses of any kind whatsoever (including, without limitation, attorneys’ fees) arising out of or in connection with the Purchaser’s use of Products supplied, including claims made by any third parties relating to such use.
  9. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the Purchaser and the Company regarding the sale of Products to Purchaser.
  10. INTELLECTUAL PROPERTY RIGHTS: You acknowledge that Company or its licensors own all right, title and interest in and to the Products and the names used in connection with the Products, and that the Products and such names, logos, and branding constitutes the Company’s intellectual property and may be protected by laws related to intellectual property rights. You agree that you are permitted to use the Products and the proprietary names only as expressly authorized by the Company and this Agreement. The Rezenerate System, the Rezenerate WandPro, the Rezenerate Replacement Tips, the Rezenerate logo, and all other names, logos, icons and marks identifying the Company’s products and services are trademarks of Rezenerate, LLC and may not be used without the Company’s prior written consent. You may not remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels on any portion of the Products.
  11. WAIVER OF RIGHTS: The waiver by a party of a breach of any provision of this Agreement shall not operate as nor be construed as a waiver of any subsequent breach thereof.
  12. ASSIGNMENT: Purchaser shall not assign or transfer or purport to assign or transfer its rights, duties, or obligations under this Agreement. Any attempt to assign, transfer, or delegate any of your rights, duties, or obligations under this Agreement will be void. This Agreement may be assigned by the Company in its sole discretion. This Agreement shall be binding inure to the benefit of the parties and their respective successors and assigns.
  13. THE REZENERATE REPLACEMENT TIPS PURCHASED HEREUNDER ARE DISPOSABLE TIPS AND ARE MANUFACTURED AND INTENDED FOR SINGLE USE ONLY AND SHOULD BE DISCARDED AFTER ONE USE. By purchasing Products, Purchaser agrees it shall use the Tips sold hereunder only once. Purchaser also agrees that all use of the Tips in compliance with all state, federal and local or territorial laws and ordinances. Further, Purchaser agrees not to use any other cartridges, chips, tips, consumables, etc. with the Rezenerate System as the Rezenerate Replacement Tips and Rezenerate WandPro are designed solely to be used in conjunction with each other for a cosmetic facial. Should Purchaser use or attempt to use non-Rezenerate Products in conjunction with Rezenerate Products the warranty, if any, will become null and void.
  14. NON-DISPARAGEMENT: You agree to not disparage the Company, its officers, its affiliates and/or its brand name through online feedback, directly or otherwise, nor to use harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable communications of any kind. Purchaser shall not make any disparaging remarks of any sort, which for these purposes shall include any negative statement, whether written or oral, about Company or its Products, or otherwise communicate any disparaging comments about the Company to any persons or any third party at any time following purchase, including any negative comments on any social media outlet, including, but not limited to, Facebook, Twitter, Instagram, Snapchat, professional skin care blogs or websites, etc.
  15. NOTICES: If to Purchaser: At Purchaser’s street or email address provided as part of Purchaser’s registration, as such information may be updated from time to time. If to the Company: Rezenerate, LLC, 3020 Prosperity Church Road, Suite I-271, Charlotte, NC 28269 Attention: Legal Department. The Company’s notice information may be changed from time to time by posting notice of such change here. Notice given in accordance with this Section shall be deemed effective when received, or if not received by reason of fault of addressee, when delivered.
  16. WARRANTY: Rezenerate is proud to offer our valued customers a LIFETIME WARRANTY on the Rezenerate Wand™, Rezenerate WandPro™, and Rezenerate Tips™. These Product(s) are manufactured under strict quality control and inspection processes. Warranty shall cover operating defaults after the purchase during the warranty period. All purchases come with the following warranty:Provided Purchaser is an Active Rezenerate Authorized Provider (i.e., ordering Rezenerate Replacement Tips for your business at least once in any four month period) then Rezenerate will replace any Product suffering an operating default (Purchaser must return the non-working Product in order to receive replacement).The warranty does not cover the following:
    • Users lack of care or not following the instructions provided by Rezenerate
    • Unauthorized electric connections (e.g., improper current output)
    • Damages caused by natural disaster
  17. DISCLAIMER OF WARRANTIES: EXCEPT FOR THE WARRANTY SET FORTH IN THE PRECEDING PARAGRAPH, YOU EXPRESSLY AGREE THAT YOUR USE OF THE PRODUCTS IS AT YOUR SOLE RISK. THE PRODUCTS ARE PROVIDED ON AN “AS IS,” “WHERE IS” AND “AS AVAILABLE” BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, TITLE AND NON-INFRINGEMENT TO THE MAXIMUM EXTENT PERMITTED BY LAW. COMPANY MAKES NO WARRANTY THAT THE PRODUCTS WILL MEET YOUR REQUIREMENTS, NOR DOES COMPANY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS.
  18. REQUIREMENTS AND LOCAL CODES: ANY CONFORMANCE WITH LOCAL CODES OR INSPECTIONS IS THE RESPONSIBILITY OF THE PURCHASER.
  19. GOVERNING LAW. This Agreement is governed in all respects by the laws of the State of North Carolina, without regard to conflicts of law provisions. Parties submit to personal jurisdiction in Mecklenburg County, North Carolina and further agree that any cause of action relating to this Agreement shall be brought in a state or federal court in Mecklenburg County, North Carolina. In the event it is necessary for Company to enforce its rights under this Agreement, Purchaser agrees to pay all fees incurred by Company (including attorneys’ fees and collection agency fees).
  20. INJUNCTIVE RELIEF. You agree and acknowledge that if you breach this Agreement, the Company may have no adequate remedy at law and will suffer irreparable harm as a result of such a breach and will therefore be entitled to injunctive relief without the obligation of posting a bond.
  21. ELECTRONIC COMMUNICATION. Communications between You and Company may be by electronic means. You consent to receive communications from Company in electronic form, and agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to Purchaser electronically satisfy any legal requirement that such communications would satisfy if they were in writing, other than any non-waivable rights. You and Company each expressly agree to enter into this Agreement and conduct all transactions related thereto electronically pursuant to the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 and the Uniform Electronic Transactions Act (2000-152, s. 1.) of North Carolina.
  22. RELATIONSHIP OF THE PARTIES. Nothing in this Agreement shall be construed to create a partnership, employment relationship, or joint venture between Purchaser and Company. You and Company are independent contractors.
  23. NO THIRD PARTY BENEFICIARIES. This Agreement is solely for the benefit of Purchaser and Company and is not intended to benefit any third party. No third party may claim any right or benefit under or seek to enforce any term of this Agreement.
  24. To the extent that a court or other governmental authority of competent jurisdiction determines that any law is in conflict with the terms of this Agreement, the conflicting terms shall be superseded only to the extent necessary by the terms required by such law. If any provision of this Agreement shall otherwise be unlawful, void, invalid or for any reason unenforceable, then that provision shall be enforced to the maximum extent permissible to reflect the parties’ intent. In either case, the remainder of this Agreement shall continue in full force and effect. The Company shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond the Company’s reasonable control. Except as otherwise provided herein, the remedies provided under this Agreement are cumulative and shall not exclude any other remedies to which you or the Company may be entitled. The section headings used in this Agreement are inserted for convenience only and shall not affect the meaning or interpretation of this Agreement. Unless otherwise expressly provided, the word “including” does not limit the preceding words or terms.