Terms & Conditions
L26, 1 Bligh Street
Sydney NSW 2000
Welcome to a website of Formulyst Corporation located at www.formulyst.com (hereinafter “We”, “Us”, Our”). We thank You (any visitor to Our website and hereinafter “You” or “Your”) for visiting Our site and considering Our products and services.
These terms and conditions apply to all transactions made on or through this Website. This Agreement is intended to be governed by the Electronic Signatures in Global and National Commerce Act. You manifest Your agreement to the terms and conditions in this document by any act demonstrating Your assent thereto, including clicking the submit button for the order, or by merely accessing the Website, whether you have read these terms or not. This includes Your authorization to charge Your credit card or debit Your bank account. Please print these terms and conditions for Your personal records.
In addition, you consent to receiving electronic communications from Formulyst relating to Your account. You agree that any notices, agreements, disclosures or other communications that We send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from Us, such as newsletters special offers, promotional announcements and customer surveys via email or other methods.
By placing an order with Us, you will be deemed to have read, understood, and agreed to these Terms and Conditions (collectively, “Terms”). If You do not agree to be bound by these Terms, You may not access or use the Website, or purchase any Formulyst product through the Website. By accessing, using or ordering Formulyst products through the Website, You affirm that You have read this Agreement and understand, agree and consent to all Terms contained herein.
User Name and Passwords
You hereby agree that You are responsible for all actions taken under Your User Name and Password. Please remember it is Your responsibility to keep this data secure and You hereby agree that We are not liable for any loss or damage arising from Your failure to keep Your password secure. Further, You agree to immediately notify Us of any unauthorized use of Your password or any breach of security.
To purchase any item on Our website You need to click on the item and add it to Your cart. All fees will be shown before You checkout.
Please note that the bundles described below can significantly lower Your costs.
Products may vary by country. The pictures of the Products on Our website are for illustrative purposes only. Your Products may vary slightly from those pictures. Moreover, the packaging of the products may vary slightly.
Shipping times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which We will not be responsible.
For orders over $79, we offer complimentary shipping within the U.S. For orders under $79, the shipping fee is $12.95.
For ground shipping in Canada We charge a $15 shipping fee. Please note that you may be charged a customs fee for your order.
Your order will ship within 1-2 business days. Please allow several days for delivery.
At present we do not ship to any other locations.
We do not offer express shipping.
We offer four monthly “Bundles” to provide you with alternatives to save you money.
Two Product Bundle – $79.95
Three product Bundle – $108.00
Four Product Bundle – $140.00
Five Product Bundle – $ 159.00
Although Your Bundle will be delivered monthly, you may change the frequency of Your delivery by calling Us at +1 (888) 921-8458
IF YOU PURCHASE A BUNDLE, YOU WILL RECEIVE A SHIPMENT EVERY MONTH CONTAINING YOUR SELECTED BUNDLE AND YOUR CHARGE CARD WILL AUTOMATICALLY BILLED.
Items You select for Automatic Replenishment will receive a 10% discount. If you are placing an order online or by telephone as part of Our automatic renewal program, Your membership will remain in effect until it is cancelled.
Bundles and Automatic Replenishment Renewal and Cancellation Terms
If You are placing an order for one of Our subscription bundles or for automatic replenishment, Your membership in the program will remain in effect until You cancel it.
We will charge Your bank or credit card when We ship Your first bundle. Your payment method will be billed monthly. You may cancel Your membership for any reason, at any time.
Payments will appear on Your credit card as “Formulyst”. You are responsible for any fees or charges Your issuing bank or credit card provider may charge you.
We may, in Our sole discretion, terminate Your automatic delivery at any time without notice. If We do so, you will only be charged for orders that have been shipped to you.
You authorize the issuer of Your credit card or debit card to pay any amounts described herein on an ongoing basis as part of Your subscription to Formulyst products without requiring a signed receipt for each transaction. You also agree that this Agreement shall be accepted as authorization to the issuer of the credit card or debit card to pay any amounts described herein without requiring a signed receipt for each transaction. In addition, You agree that this Agreement shall be accepted as authorization to the issuer of the credit card or debit card to pay all such amounts for Formulyst products You purchase per Your subscription.
You authorize Formulyst, or any other Formulyst company that acts as billing agent for Formulyst, to continue to attempt to charge/debit with respect to all sums described herein to Your credit card or bank account until such amounts are paid in full.
Please note all prices are displayed in USD.
If you are not satisfied with your purchase for any reason, simply return it for a full refund (less shipping). You may return purchases within 31 days of receipt by calling +1 (888) 258-9952.
We hereby claim FormulystTM, the Formulyst logoTM and Formulyst.comTM to be trademarks of Our Company.
All trademarks, logos, service marks and trade names are proprietary to Formulyst. All of the brands and product names cited herein are trademarks. Product and company names mentioned herein may be trademarks or trade names of their respective owners. Your access to the Website should not be construed as granting, by implication, estoppel or otherwise, any license or right to use any marks appearing on the Website without the prior written consent of Formulyst or the third-party owner thereof.
All content included in Our website, such as text, graphics, logos, button icons, images, audio clips and software, is the property of Formulyst and is protected by Australia and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all content on formulyst.com is the exclusive property of Formulyst and protected by Australia and international copyright laws. Permission is granted to electronically copy and print hard copy portions of formulyst.com for the sole purpose of placing an order with formulyst.com or using the website as a shopping resource. Any other use of such contents, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content of formulyst.com is strictly prohibited.
The material displayed on this website is provided without any guarantees, conditions or warranties as to its accuracy. The information does not constitute medical advice. Every effort has been made to ensure the efficacy of Our products; however, they are for cosmetic purposes only and have not been approved by any medical or pharmaceutical licensing body. It is entirely Your responsibility to determine that Our products are suitable for you and it is not Our responsibility to do so. If for any reason, you are concerned about the reaction of Your skin to Our products, you should seek immediate advice from a medical professional.
Unless expressly stated to the contrary to the fullest extent permitted by law We and Our suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this website or the linked sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise, even if we have been advised of the possibility of such damages.
This does not affect Our liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Limitation of liability
To the maximum extent legally permitted, whether or not We are or were aware or advised of the possibility of damages, and whether or not the limited remedies provided herein fail of their essential purpose, Our aggregate liability (whether for breach of contract, tort or any other legal theory) shall in no circumstances exceed the cost of Our products you ordered. Further, under no circumstances shall We be liable for special, incidental, indirect, or consequential damages, lost profits, lost revenue, or cost of cover. Formulyst products are sold and delivered to You “as is” with no warranty whatsoever. Except as expressly stated otherwise in this section, We make no express warranties or representations and We disclaim all implied warranties and representations, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
You hereby warrant that You will not use the information provided by Us in violation of any International, Local, State or Federal law. Further, You agree to indemnify, defend, and hold Us harmless, as well as holding harmless Our parents, subsidiaries, affiliates, officers, directors, employees, agents, and suppliers, and their respective affiliates, officers, directors, employees, and agents, from any claim, action, demand, or damage, including reasonable attorney’s fees, made by any third party or governmental agency arising out of or related to Your use of any service offered by Us or Your violation of this Agreement, including without limitation, claims or suits for libel, violation of rights of privacy or publicity, interference with property rights, trespass, violations of International, Local, Federal or State Law, patent infringement or plagiarism. We may, at Our sole discretion, assume the exclusive defense and control of any matter subject to indemnification by You. The assumption of such defense or control by Us, however, shall not excuse any of Your indemnity obligations.
We shall not be liable for delays or nonperformance of this Agreement caused by strike, fire or accidents, nor shall We be liable for delay or nonperformance caused by lack of availability of materials, fuel or utilities or for any other cause beyond Our control.
You may not assign the rights or obligations under this Agreement.
Except as modified or supplemented by a writing executed by both parties, the Terms and Conditions described herein are the only representations, warranties, and understandings between the parties with respect to the products and/or services described herein.
In the event of a dispute, You agree to attempt to resolve the dispute by contacting Us at email@example.com prior to taking any other action. Failure to contact Us to attempt a dispute resolution prior to taking any other action will result in a breach of this Agreement by You.
This Agreement shall be construed in accordance with the laws of the United Kingdom and in the event of any dispute or claim associated with these Terms and Conditions or another dispute between You and Us, that dispute or claim shall be subject to the exclusive jurisdiction of the Australia courts serving the Sydney jurisdiction.
You hereby waive any right to a trial by jury in the event of any controversy or claim relating to this Agreement. In addition to the foregoing, in the event of any breach or violation of this Agreement, We shall be entitled to enforce all of Our legal remedies for the breach or wrongful activity including, but not limited to seeking actual damages, the maximum amount of statutory damages under applicable statutes and Acts, profits, treble damages, and attorneys’ fees and costs. These remedies and damages are in addition to the monetary payments described above and/or any amounts otherwise due under this Agreement.
Class Action Waiver
You agree that you may only bring a claim in Your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.
If any provision, or portion thereof, of this Agreement is held by a court of competent jurisdiction to be invalid under any applicable statute or rule of law, You and We agree that such invalidity shall not affect the validity of the remaining portions of this Agreement and further agree to substitute for the invalid provision a valid provision which most closely approximates the intent and economic effect of the invalid provisions.
The headings of this Agreement are for convenience only and shall not be used to construe the meaning of this Agreement.
This Agreement is effective as of August 14, 2021. We reserve the right to revise this policy from time to time without prior notice. You will be notified of any material changes in Our Terms of Service either by email or by a conspicuous posting on Our web site.