Terms of Sale

These Terms of Sale (the “Terms of Sale”) apply to orders placed by Pro Site Customers, including Spa + Salon Accounts, Licensed Estheticians/Cosmetologists, and Esthetic/Cosmetology Students (collectively, the “Customers”) for products listed on the Bioelements Pro Site,https://pro.bioelements.com/, from Bioelements, Inc. (“Bioelements” “we”). Each order under the Terms of Sale shall be deemed to incorporate by reference the below terms, as well as any Reseller Policy, Terms of Use, Privacy Policy, or other Bioelements policy (collectively, the “Terms”) posted on www.bioelements.com. The terms of this Terms of Sale shall control over any inconsistent term in the Terms. 

1. Price:Price for products are as listed on the Shop at the time of purchase. This includes deliveries ordered within the usual deadlines, with prices corresponding to the standard delivery units indicated on the price list. Bioelements reserves the right to change prices at any time by updating the Shop listing for a product. 

2. Additional Charges:Shipping rates, freight, sales taxes and other applicable charges are included as part of the total invoiced cost for purchases and orders will not be shipped until the full amount of the order is paid. 

3. Payment Policy: We accept all major credit and debit cards: Visa, MasterCard, American Express and Discover. The billing name and address must match the card used. We reserve the right to cancel any order that does not meet these requirements. All orders are subject to bank authorization prior to processing and shipping. Orders that are not authorized will be cancelled.

4. Authorized Resellers:If you purchase products through an Authorized Distributor, you are purchasing directly from that Authorized Distributor, not from Bioelements. Authorized Resellers offering products or services for sale on set their own product pricing and freight charges. We are not responsible for quality control of such products, and therefore do not warrant the offerings of any Authorized Reseller. Bioelements does not assume any responsibility or liability for the actions, product, and content of all these and any other Authorized Reseller. You should carefully review these Authorized Resellers’ privacy statements, terms of sale and other policies.

5. Lost, Stolen or Damaged Shipments:Bioelements will replace orders that have been lost, stolen, or damaged in the shipping process using the following reporting requirements. 

If an order is damaged or stolen, Customers must fill out theContact Us form with the applicable contact and order information within 10 days after the stated delivery date on the tracking information. Stolen orders of $250 or more will require submitting a police report.

If an order is lost, Customers must fill out theContact Us form within 10 days after the last checkpoint was provided by shipper on the tracking information.

6. Other Order Issues: All other issues with your order, including claims of order shortages or incorrect products received in an order, must be made within 10 days of purchase. Any product that is the subject of a shortage claim shall be credited or shipped by Bioelements to the Customer, subject to availability of such product. Bioelements will replace incorrect products received in an order. 

7. Returns and Warranties:Customers may return products purchased. Such returns may be subject  to credit adjustments if such return disqualifies an order for a promotional offer (example: if return was a part of a buy 5 get 1 free promotion, the return will be adjusted by the value of the free item, as the order no longer qualifies for the promotion). 

To return or exchange product, a Customer must: 

1. Obtain a Return Authorization Number (RA#) by calling Bioelements Customer Service at 800.433.6650 (Monday-Friday, 8:00am to 4:00pm MST) or emailingprobioelements@bioelements.com.

2. Write the RA# clearly on the shipping box.

3. Carefully package the products to be returned. Any products damaged in the return process will not receive credit and will not be returned.

4. Ship returns to Bioelements Returns & Exchanges 3650 E. Boulder Street, Colorado Springs, CO 80909.   

You may return product(s) within three months of the purchase date for a refund. Overstock items will be subject to a 25% restocking fee.

8. Order Cancellations: Customers may call Bioelements Customer Service at 800.433.6650 (Monday-Friday, 8:00am to 4:00pm MST) or email probioelements@bioelements.com to cancel or make changes to an order. Customers will be subject to a 25% restocking fee for orders cancelled after they have been processed (typical processing time is 1-2 business days after an order is placed). 

9. Warranty Disclaimer:[Other than as stated in the warranties policy above, and] to the maximum extent permitted by applicable law, we: (i) make no other express warranties; (ii) disclaim all implied warranties, including merchantability, fitness for a particular purpose, title and non-infringement; and (iii) disclaim any warranty arising by statute, operation of law, course of dealing or performance or usage of trade.

10. Re-Sale Restrictions:Customers may purchase products on the Pro Site for their authorized business or personal use, as applicable. Spa + Salon Businesses may sell purchased products for approved retail purposes and are considered Bioelements Authorized Resellers. Authorized Resellers must review and agree to the Authorized Reseller Agreement. The remaining Customers (Licensed Estheticians and Students) are only authorized to use purchased products for their personal use. 

11. Attorney’s Fees: In the event it becomes necessary for Bioelements to enforce these Terms, Bioelements shall be entitled to recover all of its costs incurred in such efforts, including, but not limited to, reasonable attorneys’ fees and costs in all manner of collection efforts, including, but limited to, actions or proceedings commenced and prosecuted against Customer.

12. Force Majeure: No party shall be responsible for failure or delay in performance caused by reason of fire, flood, riot, strikes, freight embargo, unexpected shortages or failure in the supply of raw materials, transportation difficulties, networking failures, acts of God or of the public enemy, war or civil disturbances or act of terrorism, any existing or future laws, rules, regulations or acts of any government (including any orders, rules or regulations issued by an official or agency or such government) affecting a party that would delay or prohibit performance hereunder, or any cause beyond the reasonable control of such party. Notwithstanding the foregoing, this section shall not be an excuse for non-payment or non-acceptance of products for which title or risk of loss has passed.

13. Confidentiality:Customer agrees that any Confidential Information it learns during its relationship with Bioelements will be kept as confidential by Customer and it will not in any manner, use, disseminate, or divulge any Confidential Information to any third party. “Confidential Information” includes product promotion and development plans, goals, financial information, secret processes and formulae, business techniques, methods, and procedures, marketing strategy and customer data and the terms of Customer’s relationship with Bioelements. Upon request, any Confidential Information in Customer’s possession shall be returned to Bioelements.

14. Independent Contractors:The parties are independent contractors for all purposes under these Terms of Sale and cannot obligate any other party without prior written approval. The parties do not intend anything in these Terms of Sale to allow any party to act as an agent or representative of a party, or the parties to act as joint venturers or partners for any purpose. No party is responsible for the acts or omissions of any other.