Smooth Generation Inc. [hereinafter “Vendor”] provides its products and services to you subject to the following

Terms of Use (“Terms”).

Your use of this website, including but not limited to, the placement of any orders for products, or

services, offered by Vendor, is governed by the Terms stated herein.

This website is for the sole use of individuals and entities wishing to review, consider, purchase or

otherwise engage in retail transactions involving Vendor’s goods and services and/or to otherwise

transact business with or contact Vendor, on their own behalf or, in the case of a gift or otherwise, on

behalf of the intended recipient.

Vendor reserves the right to update, modify and/or change these Terms from time to time without notice

to you.

 

1. Acceptance of Agreement

By accessing Vendor [smoothgeneration.com] (the “Site”), using products and services (the “Services”)

offered by Vendor subscribing or ordering Services online, or accepting the Terms electronically, you

agree to be subject to these Terms and any additional terms and conditions found on any of our affiliated

websites that may apply.

In consideration of your use of the Services, you represent that you are of legal age to form a binding

contract and are not a person barred from receiving services under the laws of your jurisdiction. You

also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by

the Vendor’s registration form(s) (such information being the “Client Data”) and (b) maintain and

promptly update the Client Data to keep it true, accurate, current and complete.

If you provide any information that is untrue, inaccurate, not current or incomplete, or Vendor has

reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete,

Vendor has the right to suspend or terminate your account and refuse any and all current or future use of

the Services (or any portion thereof).

By placing an order with Smooth Generation Inc, either through our Website, over the phone, or by any other

medium, you are agreeing to our Terms and Conditions. You must be 18 years or older, and have a valid

credit card, with full authority to use it, to submit an order for products or services through our Website.

If you do not agree to these Terms or any affiliated Terms of Use, please do not use the Site or Services.

 

2. Description of Services

The Site and affiliated web pages owned by Vendor provide users with information concerning

Vendor’s products and services. Vendor provides products and services in the field of aesthetic (“Services”).

 

3. Modifications to Services

Vendor reserves the right at any time to modify or discontinue, temporarily or permanently, the Services

(or any part thereof) with or without notice. You agree that Vendor will not be liable to you or to any

third party for any modification, suspension or discontinuance of the Services.

 

 

4. Products and Prices

Vendor reserves the right, in its sole discretion, to make any necessary updates, modifications and

adjustments at any time to the product descriptions, warranties, and prices without prior notice.

Vendor endeavors to provide content on the Site and affiliated sites that is current and accurate. Errors

and misprints may occur. Vendor reserves the right to reject, correct, cancel or terminate any order for

goods or services for which the price was incorrectly displayed or where Vendor displayed erroneous or

inaccurate information. Vendor reserves this right at any stage of ordering processing, including after an

order has been submitted. Vendor is not obligated to sell products or services based on errors or

misprints on our website.

 

5. Privacy Polcy

Client Data and certain other information about you are subject to our Privacy Policy as set forth herein.

You understand that through your use of the Services, you consent to the collection, use and disclosure

of this information, to the fullest extent authorized by law, including the transfer of this information to

the United States and/or other countries for storage, processing, and use by Vendor and its affiliates as

necessary to provide the Services to you.

We will not share transactional preferences of an individual customer (whether such customer is a

person or an entity) with any third party not affiliated with Vendor. This policy is intended to

protect the privacy of Vendor’s customers and others authorized to use its Website.

Transactions on our Website are secured and our Website does not store your credit card information.

 

6. Authorized use of Materials on Website

All information and material and content published or accessible through the Site is protected by

copyright, trademark and other intellectual property and proprietary rights and laws. All such website

content (“Content”) is copyright of Vendor except where indicated otherwise. All source code is owned

by Vendor except where expressly indicated otherwise, and may not be used or copied without

permission. Some of the code available on the Site is subject to the terms and conditions of an open

source license (“Open Source”). In addition to any terms of any open source license, you acknowledge

and agree that your use, modification or copying of any Open Source code is entirely at your own risk.

Vendor shall not be liable for any damages or costs associated with your use of Open Source code.

Certain names, words, titles, phrases, logos, icons, graphics, designs or other content on the Site are

trade names or trade-marks owned by Vendor or third parties, and may not be used without permission.

You may not modify, copy, distribute, transmit, display, perform, reproduce or use for commercial

purposes any information or services obtained from the Site without proper authority from Vendor,

except as expressly stated above. Notwithstanding the above, Under Section 204 of the Copyright Act,

Vendor has a non-exclusive license and does not own any material contributed by third parties.

 

7. Links to Third Parties

Links to third-party websites from the Site are meant for convenience only. Vendor does not review or

control these third-party websites and is not responsible for any third-party websites or the content of

those sites. Inclusion of any linked website does not imply approval or endorsement of the linked

website by us. Linking to any other site is at your own sole risk and Vendor will not be responsible or

liable for any damages associated with linking.

 

 

8. Disclaimer

Vendor and its employees, agents, affiliates, partners and suppliers provide all Content, Products and

Services available through the Vendor and its affiliates websites “as is”, without warranties,

representations and conditions of any kind, whether express or implied. Vendor makes no

representation, warranty or guarantee of the reliability, timeliness, quality, suitability, truth, availability,

accuracy or completeness of the site, the Services, or of any Content the site. The website, the Content,

and the Services are provided to you strictly on an “as is” basis. Except as specifically set forth in this

agreement, all conditions, representations and warranties regarding the website, the Content, and the

Services, whether express, implied, statutory or otherwise, including, without limitation, any implied

warranty of merchantable quality, merchantability, fitness for a particular use or purpose, or non-

infringement of third party rights, are disclaimed to the maximum extent permitted by applicable law by

Vendor.

 

9. Limitation of Liability

To the fullest extent authorized by law, Vendor shall not be liable for any claim arising out of the

performance, non-performance, delay in delivery of or defect in the goods, nor for any special, indirect,

economic or consequential loss or damage however arising or however caused (including loss of profit

or loss of revenue) whether from negligence or otherwise in connection with the supply, functioning, or

use of the goods sold by Vendor, nor any of its partners, associates, employees, agents, successors,

assigns or affiliates. or out of any breach of any warranty, express or implied.

 

10. Indemnification

You agree to indemnify and hold Vendor, its affiliates, partners, attorneys, staff, and each of their

respective directors, officers, employees, consultants, agents and suppliers harmless from any costs or

damages or any kind, including reasonable legal fees, arising from a claim or demand pertaining to your

use of, or breach of, of the Content, Services, Products or Terms of Use, or your violation of any rights

of another, except to the extent where you can show that such costs or damages were caused by Vendor

willful negligence.

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11. Severability of Clauses

If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the

parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the

provision, and the other provisions of the Terms of Use remain in full force and effect. Subheadings

used in the Terms of Use are not to be used to construe or interpret the Terms.

 

12. Entire Agreement

The Terms, and any application Additional Terms or other terms herein incorporated by reference,

constitute the entire agreement between you and Vendor. and govern your use of the Site, Content and

the Services, superseding any prior agreement, whether oral or written. You shall be subject to

additional terms and conditions that may apply when you use or purchase certain Vendor services,

affiliate services, third-party content or third-party software

 

 

13. Waiver

The failure of Vendor to exercise or enforce any right or provision of the Terms shall not constitute a

waiver of such right or provision.

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 14. Non-Transferable

This Agreement is not transferable by you in any way and may not be assigned to any third party

without our written consent. Vendor may transfer this agreement to a third party without notice to you.

 

15. No Third Party Rights

No provision of this Agreement provides any person or entity not a party to this Agreement with any

remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary

rights.

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16. Choice of Law / Litigation Venue

The services being provided, and goods sold, by Vendor shall be deemed solely based in New York.

The Terms of Use and the relationship between you and Vendor shall be governed and construed by the

laws of the State of New York and the applicable laws of the United States, without regard to its conflict

of laws provisions. You hereby consent and submit to the personal and exclusive jurisdiction of the

courts of the State of New York in New York County in any action or dispute related to this Terms of

Use. Your use of the Website following any amendment of these Terms and Conditions will signify

your assent to and acceptance of its revised terms.

YOU AND VENDOR AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE

WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.

OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

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17. Cookies, Web Beacons, and Other Information Collected Using Technology.

Cookies are information files that your web browser places on the hard drive of your computer when

you visit a Web site. Cookies cannot damage user files, nor can they read information from a user’s hard

drive. Cookies allow Web sites to “remember” users activities on a Web site as well as users visits to a

site. You can disable cookies on your computer by indicating this in the preferences or options menus in

your browser. Vendor may use cookie technology to associate certain Internet-related information about

individuals with information about such individuals in our database. Additionally, Vendor may use other

new and evolving sources of information in the future (together, “Technology Information”).

Additionally, for site maintenance, optimization, security and other legally permissible purposes,

Vendor’s servers (or third party servers) may collect certain information about website visitors

automatically. Such information may include such visitors’ IP address, browser type, date, time and

duration of visit and particular pages viewed, and such other information as is permitted by law. The use

of technology on the Internet is rapidly evolving, as is the Vendor’s use of new technology. By using

this website, to the fullest extent authorized by law, you consent to the use of such technology as if

relates to your individual data.  

 

Advertising agencies, advertising vendors, and other companies (collectively, “Advertisers”) who place

advertisements on the Vendor’s websites and on the Internet generally may use their own cookies, web

beacons, and other technology to collect information about individuals. The Vendor does not control

Advertisers’ use of such technology and the Vendor has no responsibility for the use of such technology

to gather information about individuals. The Vendor’s websites and email messages may contain

hypertext links to the websites of one or more third parties. The Vendor is not responsible for the

privacy practices or the content of such other websites.

 

18. Credit Card Information.

The Vendor may in certain cases collect credit card numbers and related information, such as the

expiration date of the card (“Credit Card Information”) when an individual places an order from the

Vendor. When the Credit Card Information is submitted to the Vendor, such information is encrypted

and is protected with SSL encryption software. The Vendor will use the Credit Card Information for

purposes of processing and completing the purchase transaction, and the Credit Card Information will be

disclosed to third parties only as necessary to complete the purchase transaction.

 

19. Use of Individual Information

Vendor may use individual information and/or data for any legally permissible purpose in the Vendor’s

sole discretion including but not limited to using Individual Information to provide promotional offers to

individuals by means of email advertising, telephone marketing, direct mail marketing, and online

banner advertising, among other lawful uses.  The Vendor may disclose, transfer and sell Individual

Information to an entity which becomes affiliated with the Vendor through formation, merger or

acquisition, in the Vendor’s discretion.

 

20. Unsubscribing From Lists

The Vendor maintains multiple newsletter and email marketing lists. To unsubscribe from one or more

of such lists, click the link included in the footer of any message delivered by the Vendor and follow the

instructions provided.

 

21.More Information / Feedback

If you have questions about our policies, please contact us at info@smoothgeneration.com.

We welcome your comments regarding our Company. Please be advised all comments, feedback or

other communications sent to Vendor shall be and remain the exclusive property of Vendor. Your

submission of any such communications shall constitute an assignment to Vendor of all worldwide

rights, titles and interests in all copyrights and other intellectual property rights in such communications.

You agree that Vendor will be entitled to use, reproduce, disclose, publish and distribute any material

you submit for any purpose whatsoever, without restriction and without compensating you in any way.

 

22. Order Policy

 

The receipt of an electronic or other written form stating confirmation of an order does not signify our

acceptance of your order, nor does it constitute confirmation of our offer to sell. We may require

additional verifications or information. We reserve the right at any time after receipt of your order to

accept or decline your order for any reason. We shall not be responsible for any loss or damage of any

kind, which you might suffer by reason of us declining to accept or for cancelling your order. Vendor

may, at its discretion, either contact you for instructions or cancel your order and notify you of such

cancellation. 

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23. Pricing Errors

Pricing errors may occur on the website.  Vendor reserves the right to cancel any orders containing

pricing errors, with no further obligations to you, even after your receipt of an order confirmation or

shipping notice from Vendor.

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24. Payment in Full

You must pay in full by debit, credit card or PayPal Secure Checkout in advance when you submit an

order through our Website. Payment will be collected at the time of placing the order. Full payment

must be received in advance before any goods are prepared or dispatched.

 

25. Chargeback Policy

If any payment is subsequently withdrawn, disputed, charged back or reversed in any way by you, you

will have to pay the full amount of the sale, plus an administration fee and any additional fees incurred

by Vendor.

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26. Refund Policy

All sales are final. Should you wish to change or cancel your order, please contact Vendor’s Customer

Service Department to confirm whether the processing of your order has commenced.

 

27. Additional Charges

The prices displayed on this Website are in U.S. Dollars. Price quotes are good for thirty (30) days. They

are valid and effective only in the United States. Additional shipping and/or other charges may apply for

orders. This includes additional charges for orders shipped outside of the United States and/or into U.S.

territories. We will endeavor to provide you with an estimate for additional charges associated with

orders including additional shipping costs. These are good-faith estimates. Actual charges, taxes and/or

costs may be different. Vendor is not responsible for fluctuations and/or changes in the costs and taxes

associated with any order. Customer is solely responsible for all actual order charges, taxes and costs,

regardless of the amount quoted by Vendor at any time.

 

28. Shipping and Returns

 

Unfortunately, Smooth Generation Inc does not accept returns. Orders can be cancelled only if the Company has

not shipped the Ordered Items. Once an Item has been shipped, the Order cannot be cancelled.

If you would like to cancel an order, please contact our Customer Service Department at

info@smoothgeneration.com or call: 516-441-5333.

Delivery will be deemed to have taken place at the time Vendor places an order in the possession of any

carrier service, including but not limited to, Federal Express, United States Postal Service and/or United

Parcel Service for customer delivery.

You acknowledge that requested delivery dates are non-binding estimates only. There is no claim

against Vendor for any delays or early deliveries once the order is in possession of the carrier service.

We reserve the right to make deliveries in installments and it shall not relieve you from your obligation

to accept and pay for remaining deliveries. Vendor is not responsible for lost, stolen or damaged goods

once an order leaves our possession.

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29. Reservation of Rights

Review this webpage periodically. Vendor reserves the right to update its website, and its policies, from

time to time without notice. All rights and defenses, whether expressly stated, implied or otherwise are