Mikel Kristi is pleased to offer thoughtfully assembled packages of select MK skincare products to its customers through a subscription program. Customers residing in the United States or Canada are invited to subscribe to receive either the Mikel Kristi Core Collection or the Mikel Kristi Travel Collection skincare product packages (the “Subscription Packages”), which will be shipped to subscribing customers on a quarterly basis (the “Subscription Services”). Information about each of these packages can be found at the links above. You can sign up for our subscription program here: Sign UP. By subscribing, you agree to be bound by the terms of the Subscription Program Agreement that follow.
The following Subscription Program Agreement (“Agreement”) between you and Mikel Kristi (“we,” “our,” “us,” or “MK”), as well as our Terms of Use and Sale (the “Terms”), describes the terms and conditions on which you may purchase products from us through the MK Subscription Services. By accessing or using any of the Subscription Services, you acknowledge that you have read, understood and agreed to be bound by this Agreement. Capitalized terms not defined herein shall have the meaning assigned to them in the Terms. The provisions of this Agreement shall, to the extent possible, be interpreted so as to supplement the Terms and to avoid any conflict between them. In the event of a conflict between this Agreement and the Terms, the provision that is more protective of MK shall control.
BY ACCESSING AND/OR SUBSCRIBING TO OUR SUBSCRIPTION SERVICES, YOU ARE ACCEPTING THE TERMS OF THIS AGREEMENT. WE RESERVE THE RIGHT TO MODIFY OR AMEND THESE TERMS FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF THE SUBSCRIPTION SERVICES FOLLOWING THE POSTING OF CHANGES TO THESE TERMS WILL MEAN YOU ACCEPT THOSE CHANGES. UNLESS WE PROVIDE YOU WITH SPECIFIC NOTICE, NO CHANGES TO THESE TERMS WILL APPLY RETROACTIVELY.
A. Fees
- If you subscribe to the Subscription Services, MK will charge you a prepaid fee (the “Subscription Fee(s)”) corresponding to the then-current fee for the Subscription Services you selected that will automatically renew, and you will be billed every 90 days at the then-current fee to your payment method on file. The current Subscription Fees are set out on the Subscription Package information pages on our website, but are subject to change at our discretion and any such change will be effective for any subsequent Subscription Services renewal. You hereby authorize MK or our third party payment processor to charge your payment card for the applicable Subscription Fees on a 90-day recurring pre-pay basis until you cancel. The Subscription Fees include shipping and limited insurance, covering minor mishaps but not significant damage, loss or theft. Fees are non-refundable except as expressly set forth herein. Taxes may apply on Subscription Fees. If you fail to make payment of the Subscription Fees, then MK, at its sole discretion, may terminate your Subscription Services or suspend shipment of Subscription Packages to you. Further, if you do not pay the amounts you owe to MK when due, then MK will need to institute collection procedures. You agree to pay MK’s costs of collection, including without limitation reasonable attorneys’ fees.
B. Returns
- The general return policy in our Terms does not apply to Subscription Packages you receive through our Subscription Program, except that we will provide a full refund and pay the return shipping costs if the return is a result of our error (for example, you received an incorrect or defective item). If you are dissatisfied with your Subscription Package for any other reason, please Contact Us with your order number and detailed information about why you are unsatisfied. Our customer service team will work with you to find a solution.
C. Changes to Subscription Services; Termination
- You acknowledge and agree that we may limit your particular Subscription Services, including but not limited to, restricting orders placed under a single customer account, payment card, or billing or shipping address. We reserve the right to limit, cancel or prohibit any Subscription Services or sale of products for any reason in our sole discretion, including but not limited to availability and geographic concerns. We reserve the right to modify (including the Subscription Package or the Subscription Fee) or terminate your Subscription Services at our sole discretion without prior notice. If we terminate your Subscription Services, we will provide you with, as determined in our sole discretion, either (a) a refund of your current applicable Subscription Fee if we have charged the Subscription Fee without shipping the corresponding Subscription Package, or (b) shipment of the Subscription Package for which you have been charged, in accordance with this Agreement. However, we will not give any refund for termination related to conduct that, in our discretion, violates any terms set out in our Terms, this Agreement, or any applicable law.
D. Cancellation of Subscription Services
- Except as otherwise provided herein, there are no refunds for cancellation of the Subscription Services. Your quarterly Subscription Services automatically renews and you will be billed every 90 days. To cancel your Subscription Services, click on the link in your Subscription Services receipt email or Contact Us. You will not be entitled to any refund on Subscription Fees you have paid.
E. Limited Warranties
The following are the limited warranties MK provides in connection with a Subscription Package sold through the Subscription Services. MK’s liability to you for failure to comply with any of these warranties is limited and determined by MK. The limited warranties set out in this Section apply only to you and may not be assigned, sold or transferred to any third party. No other warranties are granted by MK in connection with the Subscription Services or the Subscription Packages. The limited warranties shall not apply to any matters arising from your violation of this Agreement.
- Our sole and exclusive remedy and MK’s sole and exclusive liability will be for MK to use commercially reasonable efforts to replace any non-conforming product in a timely manner or issue a refund for the non-conforming product, as applicable (excluding insurance and delivery charges)
