1.1. Agreement: the Terms and Conditions, as well as the Assignment Form and/or any other provision or statement legally declared applicable to the legal relationship between the Parties in accordance with the Terms and Conditions.

1.2. Assignment Form: document or pricing page containing a detailed specification of the Service or the Product and/or used to issue an assignment for the Service or the Product or used to order or reserve the Service or the Product.

1.3. Customer: the natural person or entity the Supplier has entered into the Agreement with or who visits the Supplier’s Website.

1.4. Defect: demonstrable deviation in the Service from the characteristics agreed in the Specifications for that purpose.

1.5. Documentation: the manuals/help texts for the use of the Service.

1.6. End User: every natural person who makes use of the Service.

1.7. Intellectual Property Rights: all intellectual property rights and related rights, such as copyright, trademark, patent, design, trade name, database and neighboring rights, as well as rights to know-how and performances on a par with a patentable invention.

1.8. Internet: telecommunication infrastructure intended for the performance of information services between the Customer and the Supplier.

1.9. Party: any party to the Agreement.

1.10. Product: any product to be made available, to be delivered or delivered by the Supplier on the basis of the Agreement or an equivalent product according to public opinion, including Software.

1.11. Server: a computer managed by or on behalf of the Supplier with web server software installed.

1.12. Service: service as specified in an Assignment Form and/or in the SLA.

1.13. SLA: the Service Level Agreement, if any, agreed between the Supplier and the Customer.

1.15. Specifications: the requirements agreed in respect of the Service and/or the Product

1.16. Supplier: the Supplier.

1.17. System: the entirety of equipment and Software.

1.18. Terms and Conditions: these General Terms and Conditions.

2.1. These Terms and Conditions shall apply to all Agreements and other acts and legal acts between the Supplier and Customer, even if those acts or legal acts should not result in, or are not related to, an Agreement.

2.2. Unless expressly agreed otherwise, the applicability of other general terms and conditions is excluded.

3.1. Any communication between the Supplier and the Customer may take place electronically, except insofar as these Terms and Conditions and/or the Agreement and/or the law deviate from this.

3.2. The version of the relevant communication received or stored by the Supplier is considered to be proof thereof, unless the Customer provides evidence to the contrary.

3.3. Electronic communication shall be deemed to have been received on the date of its transmission, unless the recipient provides proof to the contrary. If the communication has not been received as a result of delivery and/or accessibility problems with respect to the Customer’s email box, this shall be at the Customer’s risk, including if the email box is located with a third party.

Any statements made by the Supplier with respect to the provision of Services and/or Products shall be regarded as an invitation to make an offer. Unless a separate written agreement is concluded, the Agreement shall be concluded by the Supplier’s confirmation of the Customer’s order. Confirmation may occur electronically (for example via the Supplier’s website, by email, by SMS, or by means of similar technologies) or, if agreed, in writing (by letter).

5.1. The Customer shall pay the price stated below the products ordered by the Customer. Payment shall be made in the manner indicated by the Supplier on the store, or elsewhere in the website, without prejudice to the provisions of Article 5.5.

5.2. Prices during checkout, are inclusive of VAT and other government levies, unless stated otherwise.

5.3. In the event of payment against an invoice and the Supplier offers this possibility, the Customer shall pay within 30 (thirty) days of receipt of the invoice, unless the Supplier has stated another term. An invoice sent electronically shall be deemed to have been received on the date of transmission.

5.4. In the event of late payment, the Supplier  shall have the right: 1) to charge the statutory interest on the full amount due from the date on which payment should have been made until the date on which the amount due has been received by the Supplier  without any notice of default or notification being required; and 2) to transfer the claim to a third party for collection after notice of default. The Customer shall reimburse all costs incurred by the Supplier and this third party to collect the amount due, including costs of legal assistance, legal costs and extrajudicial costs, the last-mentioned with a minimum of 15 (fifteen) percent of the outstanding sum, except insofar as this (in view of the amount of the outstanding sum) would be considered unacceptable according to standards of reasonableness and fairness. A notice of default may be sent electronically if the Customer has opted for electronic payment or if payment has taken place after receipt of an invoice sent electronically.

5.5. The Supplier reserves the right to demand a method of payment other than that specified by the Customer, without stating any reasons.

5.6. Once per calendar year, the Supplier shall be entitled to review the rates applied on the basis of the consumer price index (CPI) then published, as determined by Statistics United States (CBS) for the year prior to the year in which the price increase will occur. the Supplier shall inform the Customer of any changes in rates at least 2 (two) months in advance.

6.1. All goods delivered by the Supplier shall remain the property of the Supplier or its suppliers until the amount due under the Agreement has been paid in full, including any interest and collection costs due.

6.2. If the goods supplied (partly) concern a right to use Intellectual Property Rights, as in the case of ebooks, online courses, and other virtual products, the Customer shall be granted a right to download/watch them under the relevant Intellectual Property Rights within the meaning of Article 7. In that case, the Supplier may terminate the right of use by notifying the Customer if the amount due has not been paid on time and no payment is made within 14 (fourteen) days of said notification.

The Intellectual Property Rights to all virtual products made available by the Supplier within the scope of the Agreement shall remain vested in the Supplier or in the third party from whom the Supplier has acquired the right to make (part of) this product available to the Customer. The Supplier hereby grants the Customer only a right of use that is not exclusive and non-transferable, unless explicitly provided otherwise or differently in the Agreement.

8.1. The use of the Service may involve the processing of personal data. In such a case, the Supplier and the Customer shall enter into a Data Processing Agreement.

8.2. All employees who act under the authority of the Supplier and who have access to the personal data shall observe confidentiality with respect to the personal data they become aware of, unless they are under an obligation to disclose such information pursuant to any statutory regulation.

8.3. The Supplier shall take all appropriate technical and organizational measures to protect the personal data against loss or any form of unlawful processing. These measures shall be appropriate, taking into account the state of the art and the costs involved, and shall also be aimed at preventing unnecessary collection and further processing of personal data.

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9.1. Defects reported by the Customer to the Supplier shall, at the Supplier’s discretion, either be rectified or replaced free of charge, unless the occurrence of these Defects is attributable to the Customer, or the Agreement or the SLA already contains an arrangement in this respect. In the event of replacement of a Product, the return costs shall be for the account of the Customer. In the case of virtual products, the warranties only apply at the Supplier’s discretion. 

9.2. Third parties that have granted the Supplier the right to make (part of) this virtual product or physical product available to the Customer do not provide any guarantees to the Customer.

10.1. The Supplier shall never be liable for any indirect damage suffered by the Customer or third parties, including consequential damage, loss of turnover and profit, loss of data, and immaterial damage.

10.2. The Supplier’s liability towards the Customer, for whatever reason, shall be limited per event (whereby a sequence of correlated events shall be deemed to be a single event) to the fees actually paid by the Customer to the Supplier in the current calendar year (excluding VAT).

10.3. The Customer indemnifies the Supplier against all claims by third parties, for whatever reason, in respect of compensation for damage, costs or interest in connection with this Agreement or the use of the Products and/or Services.

10.4. The previous paragraphs of this article shall not apply if and insofar as the relevant damage was caused by intent or wilful recklessness on the part of the Supplier or its employees.

11.1. A party shall not be bound to fulfill any obligation, if it is prevented to do so as a result of force majeure. Force majeure shall also be understood to mean a non-attributable failure on the part of third parties or suppliers engaged, as well as any situation in which the relevant party cannot actually exercise any (decisive) control, with the exception of obligations to pay.

11.2. As soon as it becomes clear that the force majeure situation will last for longer than 3 (three) months, the other party shall have the right to terminate this Agreement without being liable for compensation.

12.1. If and insofar as confidential information of one Party is brought to the knowledge of the other Party in the performance of the Agreement, this receiving Party shall only use this information for the performance of this Agreement and restrict access to that information to persons who need to take cognizance thereof for that purpose. The parties warrant that an employment contract and/or a confidentiality agreement shall oblige these persons to maintain the confidentiality of such confidential information.

12.2. Confidential information shall not include information that was already in the public domain at the time it became known or subsequently became known, or information that the receiving Party has also received from a third party without a confidentiality obligation being imposed or that third party being obliged to do so.

13.1. Unless otherwise stipulated, the Agreement is entered into for an indefinite period of time and may only be terminated with due observance of a notice period of 2 months.

13.2. If the Agreement is entered into for a definite period of time, the Agreement will be automatically extended each time for a period of one (1) year, unless one of the Parties terminates the agreement at the end of its duration, with due observance of a notice period of 10 days, which notice may be given without reason and motivation.

13.3. In the event of (temporary) suspension of payments, bankruptcy, cessation or liquidation of the business of one Party, the other Party shall be entitled to dissolve this Agreement in whole or in part without the other Party being liable to pay compensation.

13.4. If one Party fails to fulfill any of its obligations arising from any Agreement properly or not within a prescribed period or otherwise in a timely manner, said Party shall be in default and the other Party shall be entitled to dissolve the Agreement in whole or in part without notice of default being required, without prejudice to the other rights of the dissolving Party and without the dissolving Party being liable to pay compensation.

13.5. In the event of dissolution as referred to in paragraph 3 or 4, all claims of the dissolving Party against the other Party shall be immediately due and payable in full. The other Party shall be obliged to take the necessary measures to allow the dissolving Party to assert its rights.

13.6. In the event of dissolution or termination as referred to in Articles 13.1, 13.2, 13.3 and 13.4, the following obligations will continue after the end of the Agreement:

• Outstanding payments.
• Confidentiality.
• Intellectual Property Rights.
• Liability.

These shall continue to exist for as long as the Supplier can reasonably claim their continuation.

Amendments and additions to any provision of the Agreement and/or the Terms and Conditions shall only be valid if they are agreed in writing and/or electronically. This shall be deemed to constitute an agreement as to burden of proof. If an amendment and/or addition as referred to in this paragraph is agreed upon, this amendment or addition shall only apply to the relevant Agreement.

15.1. These Terms and Conditions, as well as all Agreements, shall be governed by the laws of the United States. The regulations relating to general terms and conditions in the American Civil Code shall not apply in the relationship with Customers, other than consumers, from outside the United States.

15.2. Third parties do not enter into any Agreement between the Supplier and the Customer on the basis of a third-party clause in these Terms and Conditions or the Agreement.

15.3. The provisions in these Terms and Conditions and the Agreement jointly determine the legal relationship between the parties and shall replace all previous agreements or statements made by the Supplier with respect to the subject of the Agreement. This shall be deemed to constitute an agreement as to burden of proof.

15.4. Except insofar as this would be unacceptable according to standards of reasonableness and fairness, the wording shall in the first instance be decisive for the interpretation of the Agreement. If the wording, also read together, cannot lead to an interpretation that is reasonable in the given circumstances, the reasonable (commercial) intentions of the parties shall be used as a criterion for the interpretation.

15.5. The Supplier may engage third parties in the performance of the Agreement at its own discretion.

15.6. The Supplier may transfer rights and obligations under the Agreement to third parties and shall inform the Customer thereof. If the transfer of obligations to a third party is reasonably unacceptable to the Customer, the Customer shall be entitled to terminate the Agreement within 5 (five) days of receipt of the said notification.

15.7. Should any provision in these Terms and Conditions or the Agreement, which is essential in the reasonable opinion of the Supplier, be void or otherwise be unenforceable, the Supplier shall be entitled to destroy the remaining content of the Agreement, except to the extent that this would be unacceptable according to standards of reasonableness and fairness in the given circumstances.

15.8. Insofar as any national or international mandatory legislative provision does not provide otherwise, all disputes between the Parties shall be submitted to the competent court in the district in which the Supplier has its registered office.

All Fmor Skincare Institute physical products, will be picked up at 13574 Village Park Drive. Suite #225, Orlando Fl 32837. 

Virtual products will be delivered through a download link at your personal account or by email.