Terms of service
In order to receive information about your Personal Data, the purposes and the parties the Data is shared with, contact the Owner. Service provider / Data Controller / Merchant or Owner Hyaluron Pen International - International Distribution LLC - Zurich, Switzerland and or its owner or assignee, or legal successor.
In case Merchant or the representative of Merchant becomes aware that the information provided by the customer does not meet the requirements of this agreement, Merchant will contact the customer and ask for additional information that has to be provided by the customer. In case the customer expresses a wish that invoicing for her course would be carried out by a third party that meet the needs described here, Merchant or the representative of Merchant may contact the representative of such third party for a confirmation. In case the customer does not provide information about the third party that would be eligible for invoicing the customer becomes responsible for any additional costs and taxation in whatever form or limits demanded by the local taxation institutions, government or fiscal offices of the member state of the European Union in which the customer operates.
Failure to provide certain Personal Data may make it impossible for this Application to provide its services.
The User assumes responsibility for the Personal Data of third parties published or shared through this Application and declares to have the right to communicate or broadcast them, thus relieving the Data Controller of all responsibility. All changes to location, time or number of participants in case desired by the client (personal customer / salon) must be agreed upon 2 weeks prior to the event. In case desire to make such changes is proposed later than within 2 weeks before the event there is no guarantee that such changes could be made nor does Merchant bare any responsibility to agree to such changes. In case the salon or personal training customer wishes to cancel the event less than 2 weeks prior to the event Merchant is entitled to full compensation of the price of the event from the salon or personal training customer.
Mode and place of processing the Data - Method of processing The Data Controller processes the Data of Users in proper manner and shall take appropriate security measures to prevent unauthorized access, disclosure, modification or unauthorized destruction of the Data.
Access to the Data may be available to Data Processors such as employees involved with the processing or to external parties providing services to the Data Controller, third party technical service providers, mail carriers, hosting providers, IT companies, communication agencies. The updated list of these parties may be requested from the Data Controller at any time.
Place The Data is processed at the Data Controller headquarters, unless stated otherwise in the rest of this document. Languages All communication via this website and offline during the trainings, before and after those are carried out in English and in local languages. All arguments re solved using English or French language.
Conservation Time The Data is kept for the time necessary to provide the service requested by the User, or stated by the purposes outlined in this document, and the User can always request the Data Controller for their suspension or removal.
The use of the collected Data The Personal Data used for each purpose is outlined in the specific sections of this document.
Legal Action The User’s Personal Data may be used for legal purposes by the Data Controller, in Court or in the stages leading to possible legal action arising from improper use of the solutions provided by the Merchant or any sort of public defaming. All legal disputes regarding these terms of service are solved in the court of Switzerland or in a court inside EU appointed by the Merchant.
Information not contained in this policy More details concerning the collection or processing of Personal Data may be requested from the Data Controller at any time at its contact information.
The rights of Users Users have the right, at any time, to know whether their Personal Data has been stored and can consult the Data Controller to learn about their contents and origin, to verify their accuracy or to ask for them to be supplemented, cancelled, updated or corrected, or for their transformation into anonymous format or to block any data held in violation of the law, as well as to oppose their treatment for any and all legitimate reasons. Requests should be sent to the Data Controller at the contact information set out above. The Merchant has no obligation to provide one user date of another user.
Update: 1. December 2018:
Full data protection agreement. Herby the Merchant takes full responsibility regarding the protection of the customer personal data. Merchant is allowed to publish customer data to third parties only with the written permission from the customer. The only exception is a court order from the legislation the Merchant operates under.
— end of update -
Personal Data (or Data) Any information regarding a natural person, a legal person, an institution or an association, which is, or can be, identified, even indirectly, by reference to any other information, including a personal identification number.
Usage Data Information collected automatically from this Application or services provided by the Merchant (or third party services employed in this Application ), which can include: the IP addresses or domain names of the computers utilized by the Users who use this Application, the URI addresses (Uniform Resource Identifier), the time of the request, the method utilized to submit the request to the server, the size of the file received in response, the numerical code indicating the status of the server’s answer (successful outcome, error, etc.), the country of origin, the features of the browser and the operating system utilized by the User, the various time details per visit (e.g., the time spent on each page within the Application) and the details about the path followed within the Application with special reference to the sequence of pages visited, and other parameters about the device operating system and/or the User’s IT environment.
User The individual using this Application, which must coincide with or be authorized by the Data Subject, to whom the Personal Data refer.
Data Subject The legal or natural person to whom the Personal Data refers to.
Data Controller (or Application Owner, or Owner) The natural person, legal person, public administration or any other body, association or organization with the right, also jointly with another Data Controller, to make decisions regarding the purposes, and the methods of processing of Personal Data and the means used, including the security measures concerning the operation and use of this Application. The Data Controller, unless otherwise specified, is the Owner of this Application.
This Application The hardware or software tool by which the User Personal Data is collected or services provided by the Merchant in relation to which the data is collected.
Everyoung Beauty and Age Reversal, EBAR - Zurich, Switzerland, (the operator of www.hyaluronpen.me, hyaluronpen.ae and others that direct to those websites) Terms of Service (“Agreement”) regarding the website www.hyaluronpen.me, hyaluronpen.ae and others that direct to those websites.
This Agreement was last modified on December 28, 2018.
Please read these Terms of Service (“Agreement”, “Terms of Service”) carefully before using www.hyaluronpen.me, hyaluronpen.ae and others that direct to those websites operated by Everyoung Beauty and Reversal (EBAR) (“us”, “we”, or “our”). This Agreement sets forth the legally binding terms and conditions for your use of the Site.
Acceptance of general terms and conditions By ordering from our site ( www.hyaluronpen.me, hyaluronpen.ae and others that direct to those websites), you accept our general terms and conditions, including our Privacy Statement. As well as this applies to all sorts of sales negotiations or negotiations related to participating in a training of Hyaluronpen.academy, Hyaluronpen.me, hyaluronpen.ae (later on: websites under this policy). If a visitor of one of those websites is considering participating in a training we strongly suggest to read all of terms of service to see if he/she agrees to those.
Price changes Merchant reserves the right to change prices. Prices at the time of placing an order are valid throughout the buying process. At times where software or human errors for instance list products with an obvious faulty price, Merchant reserves the rights to cancel the order - notifications will be given.
Change of product assortment Merchant reserves the right to change its stock availability on the site and to remove items from the product range before a purchase has been registered on the websites under this policy.
Product information We do our best to make sure that all of the content on our site is correct. However, as we are only human, we reserve the right that unintentional errors may occur. Colors on your computer screen are not always 100 % accurate.
Under 18 years old If you are under the age of 18, your parents’ or guardian’s consent is required to make purchases on this webshop or buying button on websites under this policy.
Damage during transportation and mechanical problems with products All shipped packages are not insured. If the package and/or the content is damaged upon arrival, please report it to the courier upon delivery. When returning goods to us, do not use snail mail as this is uninsured (and you will not be reimbursed if the package is lost). Always keep your receipt. If you notice any damages when you unpack your items, please contact us. The same applies to returning any sort of equipment or product that is not functioning or is suspected not to be functioning as it should. If you use the product exactly as it is intended to be used and it is not possible to use the product because of a mechanical error that occurs within 6 (six) months from you having received the product, the product will be examined and if needed fixed by Merchant. For that you have to finance and organise returning the product to Merchant. The Merchant will examine the product in 5 (five) business days and if it needs to be fixed, fix it within 10 (ten) business days. The Merchant will ship back the product to you after it is fixed, using the mailing/shipping method of its choice. After the product has been shipped back there is additional warranty for 3 (three) months.
Shopping, shipping and customs In terms of payment, we accept credit cards: VISA and Mastercard only. Making purchases in our webshop is secure (SSL). We use state of the art technology to keep your credit card information safe. User is fully legible for any sort of fees regarding the customs.
Prices are stated in EURO. Purchases can only be made in the currency available for the country where you choose your delivery to be made.
EU Countries Hyaluron Pen International - International Distribution LLC is registered and operate out of Switzerland with the network of different affiliates operating under several legislations (in EU and outside). Also, we are able to ship products to other countries. Shipping time to countries outside the European Union can be predicted with less accuracy, specially if customs are involved.
Using websites under this policy (www.hyaluronpen.me, hyaluronpen.ae). By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms of Service.
Intellectual Property The Site and its original content, features and functionality are owned by Merchant and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
Termination We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Links To Other Sites Our Site may contain links to third-party sites that are not owned or controlled by Merchant.
Governing Law This Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of the location of the affiliate who established a direct relationship with the client.
Changes To This Agreement We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Site. Your continued use of the Site or any solutions provided by Merchant on any websites under this policy after any such changes constitutes your acceptance of the new Terms of Service.
Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately. Changes to the Terms of Service of Merchant regarding the websites under this policy If any major changes to the location of the classes is made, users / registered customers are informed about that over e-mail in advance. Merchant as a service provider is allowed to arrange classes in larger groups in case more trainers are involved end the ratio 1 trainer per 6-8 customers is preserved. The maximum number of customers per one live class class is 30 customers. However, Merchant does it's best to keep the number of customers within the limit of 18-24 (with the max number of trainers 3).
Contact Us If you have any questions about this Agreement, please contact us through the form on this website. Hyaluron Pen International - International Distribution LLC.
Exchange and Refunds
Shopping Customers with a valid address all over the world may place orders in this webshop ( www.hyaluronpen.me, hyaluronpen.ae) or using buying buttons on those sites. We are operating in Switzerland or by partners inside European Union and Russia and we are currently able to deliver our products outside of Europe.
Prices are stated in EURO or USD. Purchases can only be made in the currency available for the country where you choose your delivery to be made.
Hyaluron Pen International - International Distribution LLC is registered and operate out of Switzerland with the network of different affiliates operating under several legislations (in EU and outside).
We have partners inside of the European Union (EU), hence we have no customs barrier when shipping products to our EU customers.
Hyaluron Pen / Mesotherapy tool certifications
All products are sold and shipped as tools for practicing the skills related to hyaluron pen treatment, fully and 100% at the risk of the user. Merchant takes no responsibility whatsoever regarding the legality of using the hyaluron pen tool or products related to that. If the receiver of the hyaluron pen or products related according to legislation applicable to him/her chooses or has to consider (according to local legal framework) the product a any other sort of device as described in this and the following paragraph, he/she is entirely responsible for arranging all the additional and/or necessary certifications. Seller of the Hyaluron Pen is a separate legal entity from the Merchant. Merchant also represent customers when handling all the warranty etc claims and provides guaranteed warranty according to the terms of this document here (Please read: Damage during transportation and mechanical problems with products). When ordering any hyaluron pen product from the websites under this policy the user acknowledges that the base-version of the products (later: pen) has been made by a factory that has the following qualifications. Also, the pen (mesotherapy system model M9) has received CE certification registration No.: ENC1809269GZ03 - Please see the CE certificate. In order to obtain CE certification and prove its safety the pen has also been tested for safety by East Notice Certification Service Co., Ltd (please see evaluation of mesotherapy system model M9), including testing on animals. The results of the test found the pen to be safe, no abnormalities were observed in the animals used as control (percent sensitising guinea pigs treated with extract in physiological solution: 0% and percent sensitised guinea pigs treated with extract in vegetable oil: 0%). The conclusion of the test states that on the basis of the results obtained for all tested components, interpreted according to EN ISO 10993-10: 2013 the test substance mesotherapy system must be considered not sensitizing. Please see the full test on the pen (model M9) here - Full results of the safety tests. Also the company producing the pen is accredited according AVU Registrations (Please see the: Certification of the company). In conclusion: the merchant makes clear what sort of product is sold for practicing the skills of the hyaluron pen treatment and the user buying the pen is fully responsible wether, where, how or when he or she is able to use the tool. As stated many times over: different countries may present different rules and regulations, thus the Merchant takes no responsibility whatsoever when it comes to using the pen. Neither the Merchant nor the Seller suggest to use this practice tool (hyaluron pen) for any sort of procedures on human beings that may require any other or additional kind of certification for the device used for the procedure.
Shipping We will ship your order as fast as we can, normally it will be picked up within 2-25 working days of placing your order (not included the time for actual delivery). Once your order has been picked up by a shipping company, you will receive an e-mail with a shipment tracking number. Shipping rates and options are clearly stated on our website during the checkout process. SHIPPING COSTS will be applied. We ship to EU countries using UPS, DPD, TNT or other road service. Normal delivery time is 2-30 business days depending on how remote your destination is from the shipping location.
Shipments that do not reach the user Even though Switzerland is located outside EU, you usually will not suffer from customs problems or extra taxes, because we have several partners inside EU. The price listed in the web-shop are the price of the product with DAP conditions. This means that the client is responsible for any taxes in his/her respective country. In case the shipment is sent by Merchant and it does not pass customs for whatever reasons related to local restrictions, legislation in the country of the customer, the rights, qualifications and titles of the customer and all such, it has to be shipped back to the Merchant. The customer is entitled to a refund in the amount of the original order amount of the tool or starter kit including the tool, from which is deducted the cost of the return shipment to the merchant and shipping and handling cost (99 €). The refund will be returned to the customer in five business days after the shipment has reached the Merchant. For example, if the product costs 299€ and does not pass the customs, and is successfully shipped back to Merchant, the user is entitled to get a refund of 299€ - (minus) shipping cost back to Merchant - (minus) 99€ handling cost of the Merchant. Discounted products may not qualify for any sort of refund. If the package is sent back by for whatever reason due to restrictions by any third party and the user expresses a wish that Merchant would re-send it, the user is 100% responsible for any additional shipping costs and has to compensate those to Merchant if Merchant makes such costs by itself using the same or same sort of shipping method that was used initially. When resending the package no additional handling cost is applied by the Merchant. Thus, FOR EXAMPLE: if a shipment is sent to user by Merchant that costs 299€ and it does not reach the user for whatever restriction presented by any third party (local fiscal officers, customs, apartment building management, changes in destination address, received being unable to be present to receive the package) and the package is sent back for a cost of 50€ and the user expresses in written form (message, sms, e-mail) a wish to receive it again for a shipping cost of 50€, the user is legible for additional fee on 100€.
Tracking your shipment You will receive an e-mail and/or sms with your tracking number once the order has been shipped or when it arrives at your local pick up destination.
Lost shipments In case the package is sent with one of the following couriers: DHL., UPS, DPD, TNT, Fedex and it gets lost in the way. A refund settlement is applied for from the courier. Until the refund has been received from the courier, a new package will not be sent. When the refund has been received, a new package will be sent. If the package lost by the courier will reach the client later when he/she has already received a new package, the client has to mail back the initial package (mailing expenses are compensated by the Seller). If the courier loses a package the seller must not compensate that additionally to the client, nor refund the order. Products ordered for discounted / customer prices / complimentary products Merchant always tries it's best to choose the products with the highest quality. However, if the customer finds the quality or contents of the products unsatisfactory, Merchant is responsible for helping the customer to reach out to the produces of the products and get additional information. Merchant bares no responsibility regarding the local legislation regarding using the products or providing the procedure nor regarding the contents of the starter kits. For all customers/users Merchant provides information regarding the contents of the products (such as pigments, tools, fillers) that Merchant has received from the producer or the representative of the producer. Merchant takes no responsibility whatsoever if the information provided by the producer is incorrect. Merchant always helps the customers to get additional factual information regarding such issues. No artist/practitioner is required to use the products sold through the sales sales channels on the websites under this policy. Some of the pigments sold by Merchant may contain Iron oxide, some may not. Merchant only sells pigments that the partner-artists of Merchant have used themselves for more than 12 months to see the effect on different skin types. The Merchant takes absolutely no responsibility regarding the results of the procedure. The customer or buyer must always realise that the quality of the procedure depends on applying the pigment correctly etc. The Merchant takes absolutely no responsibility regarding the complaints about the results of the procedure by the end clients. All customers and clients are free to choose whichever materials, pigments, tools, devices etc they are using after the training. The training does not limit, nor even suggest using one type of specific materials, pigments, tools, devices etc. The merchant does not get involved in any arguments from the end-clients related to the results of the procedure. The buyer of the materials, pigments, tools, devices is 100% responsible of the way those are used and of the quality of the results achieved. In case the customer or buyer files a complaint to the Merchant regarding the result of the procedure and the Merchant chooses to make expenses related to providing more throughout answers (contacting third parties, studying specific legal situation in the location of the buyer / customer, carrying out lab tests, etc) the person filing the complaint it a written form is liable for all such expenses. Both the Merchant and the buyer (or the customer) agree that those expenses are made in order to clarify the situation, however can not be the basis for any claims against the Merchant. The buyer / customer is 100% responsible for such expenses. Starter kit and present products The customer of some Merchant live-courses does not have to pay for the starter kit, it is included in the class fee (or for a price marked). In case someone other than Merchant representative tries to sell the starter kit to customer, he or she should inform Merchant immediately. Sometimes, in case it is suitable for both the customer and the trainer, a part of the starter-kit may be sent to the customer before the course. However, this is purely voluntary exception and Merchant does not guarantee that customer would receive any components of the starter kit before the training. However, Merchant guarantees the starter kits at the class for all participants of all Hyaluron Pen Academy classes. Merchant does not guarantee customers to purchase kits of hyaluron pen at the class as those are sold by a separate entity and available upon status of stock. In case the customer has been sent components of the starter kit before and has not taken those to the class with him or with her, Merchant provides all the necessary tools and materials temporarily for the customer, so that the course can be carried out. Using the Merchant site customer environment and any other sort of web-page learning/video environment on websites under this policy. The customer (the party that attends or will attend the Merchant class or whatever sort of services is always responsible for deleting the cache memory of the browsed used, because not clearing that or not deleting the history of the browser may result in seeing the older version of the site that contains less information. If the customer wants to join a course and/or use any sort of web-based learning systems (including and not limited to video, studying etc environments) the person has to accept all terms of service presented here. Printed certificates Printed certificates are not included in the price of the online training or an option of Online training + starter kit. After the customer has completed the training she will receive a digital certificate upon request. The merchant may send a printed version of the certificate A4 as a complimentary gift to the customer. All such printed certificates are sent via ordinary mail and may not be trackable. Depending on the location of the customer additional shipping fees may apply.
Comments / suggestions / defaming
In case the customer has reasons to believe that the information on the websites under this policy is incorrect or insufficient or the user is products, she/he is responsible of contacting Merchant immediately (as soon as he/she found out that information is missing entirely or partly or is insufficient). In case the customer has any sort of questions, comments, suggestions, ides, critizism regarding the products sold by Merchant, the way it was sold, marketing strategies of the merchant etc, he or she has to turn to Merchant regarding those issues (content/quality of the products, retention times, selling techniques, social media posts of merchant, quality and selection of the incredients, contents of the products, etc) by sending an email through the contact form on this website.
In case the customer that has placed and order and received products, ignores that, this can be considered a breach of contract and or defaming and and he / she is responsible for a damage fee 20 times of the cost of the order. Any defaming by a customer has to be proven by a screenshot or any other proof that will be added to the materials when a case is opened at a court of law. This term is balanced by the Merchant having the same responsibility. If Merchant presents whatever sort of questions, comments, suggestions, ides, critizism regarding the customer in public or to any third party, not the customer the Merchant is responsible for a damage fee 20 times of the cost of the order that the customer made and that lead to such a behavior. In case the criticism of a customer is based on false information or customer makes a demand to Merchant that is in its essence already contradictory with the terms of service agreed upon in this document and presents the refusal of Merchant to agree to such demands in any sort of negative light in public or to third parties, it is considered immediately defaming, breach of contract and the customer that has committed such an act will be liable for a damage fee 20 times of the cost of the order that lead to such a behavior and that has to be paid to Marchant upon its first request. Merchant takes no responsibility whatsoever regarding the blog comments, blog posts or information written by any of the users or third parties about the products and solutions of the merchant.
Gift-codes, discount codes, referrals to third party sites
All gift codes are created and sent to a specific customer for one time use only. This means that the customer is able to use the gift-code during a specified timeframe for purchasing a certain product. When Merchant or a representative of Merchant presents a customer a gift-code, it is always specified for which purchase the gift-code can be used. Any unauthorised use of gift-codes is strictly forbidden. If an unauthorised use of gift-code is detected (using the gift-code presented to other customer, using the same gift-code multiple times, using gift code presented to purchase one product or service to purchase another product or service) the purchase will refunded within 5 business days or shipped with no warranty whatsoever, as a discounted product that can not be returned. After detecting an unauthorised use of gift-code Merchant has the right to consider all gift-codes, discounts and privileges of a customer are null and void. After detecting unauthorised use of gift-code the purchase amount minus all transaction fees can be refunded to the customer that has committed an unauthorised use of a gift-code and Merchant has the right to terminate any client relations in the future with that customer. This means, but is not limited to, not continuing (not committing to a new agreement) to provide services after the period purchased has come to an end, not providing additional discounts, privileges and support in addition to what has been agreed upon in the initial contract etc. As the terms of service are based upon the laws of the legislation of the affiliate who established a direct relationship with the client, such behaviour from the side of the client falls under the description of fraud / scam according to the Penal Law § 209 - pt 1 and thus also authorities that have the responsibility to investigate such matters (local / international police, fiscal officers, Interpol) are informed of all such incidents. Items bought with gift-codes are never refunded. All referrals and buying suggestions are always given on the websites under this policy ( www.hyaluronpen.me, hyaluronpen.ae). Even then, the merchant takes no responsibility whatsoever regarding the changes of terms on those websites or the quality of service. The merchant clearly states if it has made orders from those sites. Merchant takes no responsibility whatsoever regarding all referrals, mentions, listings etc presented by any employee or representative of the Merchant on any other place (chat window, messaging applications, emails etc). All tested referrals are always presented on the websites under this policy. Payments for online services availability of starter kits and products
Refunds of fillers, blades, needles, mesotherapy coctails, devices and other disposbale products
When an order is made and the client receives the order, then all disposable products (fillers, blades, needles, etc) can be returned for a full refund within 14 days after receiving the order, in case all original packages are unopened, undamaged as those came AND the order is not sent to a company but a private customer. We operate in accordance with the European Union directive 2011/83/EU that allows the items to be returned within 14 days, and no return after 14 of disposable items or devices is possible whatsoever. As stated in the client account agreement and these TOS here, the client has the full responsibility regarding the results produced with the products. Merchant takes, nor can take no responsibility whatsoever that the results achieved with the products are satisfactory to the specific needs or liking of the client. With the Merchant or the resellers and distributors of the Merchant, there are no campaigns, nor permanent offers advertising any form of "money-back guarantee" when it comes to the results achieved with the products or devices, nor does any of the manufactures of the disposable products that the Merchant resells provide such a guarantee. If a customer finds such a statement made in public, we encourage to contact the merchant right away as it is against the policy of the manufacturer and proper legal means will be taken into use to persecute the party making such statements. All information (visual and descriptive in the text) should be considered as generally informative. As it is proven by numerous lab tests, results achieved with the product and devices are individual, depending first and foremost on the skills of the artist, aftercare, client-specific characteristics, etc.
Online training access
If a customer has made a decision to join an online training (or any other online product) the customer has to acknowledge that online training in its essence is getting access to a series of videos and learning material. The fee for the online training is told beforehand. Most online training environments allow the customer to explore the material for 3 months after making a payment for an online class. When enrolling to an online class the customer acknowledges that the possibility of buying a starter kit is dependent on the stock of starter kits available at that time. The service provider does its best that the customer will have an opportunity to purchase the starter kit for a price promised within 14 business days from becoming a customer on the platform for a time period of at least 5 business days. If the customer makes a decision to buy the starter kit, he/she will have that opportunity, then. However, in case the Merchant is unable to offer the exact same product within the same price range, the Merchant has to provide the best available alternative options during the time the online class is available for the customer. In case the Merchant has taken a prepayment for the starter kit (in addition to online training payments), this payment has to be returned to the customer upon her first request if the Merchant has not made the starter kit available to buy during 3 months from signing up to online class. In case the Merchant has not taken any prepayment for the starter kit and is unable to provide the starter kit to the customer, no other products will be refunded by the Merchant because of that (fillers, online classes, services, training etc). Depending on the course, material may be added in parts. In case material is added in parts. All of the needed material to complete the course, has to be added within 5 weeks from joining an online class and the 3 month period is calculated from the last addition that is needed to complete the class. In case an online class includes also practicing or consulting sessions over internet those may be done for a separate fee (depending on the introduction of the course). In case in the introduction of the course no online live training sessions or consultation is referred to, an additional offer is made by the representative agency of the trainer for that. In case the customer has created an account and logged on to online training environment at least once, online training fee is never refunded (based on the Law of Obligation the which the terms and regulations are based on).
Online training length and no-refund policy
If not specified otherwise, online training environment remains open for the client for 3 months after joining. After that time, the fee for prolonging membership will be presented to the customer. The fee for the online training always depends on conditions at a very special moment in time and therefore can not be predicted beforehand. The service provider has full control over the price of the service. After the customer has factually got access to online training, the online training fee will never be refunded, because that would make online training as a solution fully impossible to be sold or marketed under any circumstances. Online training fees are never refunded also, when the customer thinks that the material presented on the online training does not meet his/her particular needs or tastes. In addition the user has to be noted that the fee for the online training will also never be funded if the user/customer is not satisfied with any other product purchased from Merchant (starter kits, tools, fillers, pigments, etc), nor will it be refunded if the user is not satisfied with the delivery dates, buying options, shipping strategies, buying options or opportunities of any other products offered by Merchant.
The online training fee will also never be refunded on the basis that the student is unable the understand the material, i.e. the student claims that the accent of the trainer is not to her/his liking, the sequence of videos does not meet her/his vision of how the videos should be sequenced, the presentation of material is too concrete or there are too many repetitions. The online training is a digital products as is and as the level of students entering the training platform is extremely different, it will never be modified specially to meet individual needs. Therefore it is certain that depending on the student background, some of the material may be too complicated and some too simplistic. That has to be accepted by the student. All the students will receive equal opportunities and are presented link to those terms of service before signing up to the training. Also, they are encouraged to read and accept the terms when logging in to the training.
All videos on the online training are the property of Merchant. All videos is protected by EU and international copyright laws. Reproduction (partial or full) in any form (including and not limited to taking screenshots, making transcripts etc) is prohibited without a written agreement with Merchant. We are very strict regarding protecting the material presented on those websites and guarantee to take legal action immediately if such violations become apparent. Please appreciate the rights of artists and be prepared to be held responsible for that in a court of the law under the legislation of the affiliate who established a direct relationship with the client. Merchant takes no responsibility whatsoever regarding how the customer uses this information. All use of the techniques shown, procedures done or strategies applied is completely and entirely the responsibility of the customer as well as making sure the procedure itself, components or devices or tools used or techniques shown are completely legal and acceptable at the place of operating. Different countries may present different rules and regulations thus all video and other learning materials whatsoever on the websites under this policy should be considered generally informative. If you should see the material from those websites presented anywhere else by a third party please be kind enough to inform the Merchant.
In case a participant decides to attend the online course and then afterwards finds the course to be unsatisfactory to his or her particular taste no refund will be provided because of the differences in the base knowledge and differences in the belief systems of different clients. In case the student will want some sort of additional information or knowledge the trainer may offer him / her additional ways and means to acquire that knowledge. In case the student considers solutions sold via websites under this policy or products that are included in the starter kit unsatisfactory to his/her particular taste no refund will be provided. The same applies to any sort of changes in the local legislation of the student. The online training is sold as is and the student always takes full responsibility about using the skills learned.
Providing the service after training (online and offline)
The training does not guarantee by any means that the participant will be successful at the field she or he was trained. Nor does the training guarantee that the customer is able to perform the procedure. The customer is 100% responsible for using the material the correct way and making sure the legislation in his/her country allows performing the procedure. As well as Merchant takes no responsibility whatsoever regarding the customer getting insurance or not. The merchant may provide information about the situations where customers in similar situations have received insurance, however that is no guarantee whatsoever that an insurance company would insure the customer.
Payments for class bookings Payments for class bookings are treated as payments to reserve a seat at a class thus a booking payment will be treated as a cause for the organiser to make additional unplanned costs related to travelling, materials, insurance, making video / audio etc material available to the buyer etc. Based on the Law of Obligations of the legislation of the affiliate who established a direct relationship with the client, governing the activities of the organiser and its representatives booking payments are always made at the risk of the buyer and can not be returned to the buyer. In case the buyer refuses the class (or will not be able to attend the class due to force majure), the booking payment is not returned and by accepting these terms and conditions the user agrees to that.
Failed shippings In case the shipment does not reach the destination and the product is returned because of customs denial to forward the product to the receiver, the product fee can be refunded after the actual shipping and handling cost (99€) , transaction fees and all sorts of other actual costs are deducted from the sum received (Please also read the section: Shipments that do not reach the user of this document). That does not apply to cases where the shipment has reached the receiver and receiver is unable to use the product for legal, administrative or what ever sort of similar reasons. All refunds of failed shipments will be made in 5 business days after the Merchant HAS PHYSICALLY RECEIVED the shipment back against the signature of its representative. Also, even then, please be noted the return-shipping fee as well as transaction fees and handling fee of 99€ will be deducted from that.
Deadline for payment of live classes All classes online payments must be handled by the customer 14 days before the start of the first day of the course or earlier. All exceptions must be defined by the representative of Merchant in a written form. In case the fee is not paid in full on time the representative of Merchant has the right to move the customer that has paid the booking fee to another class offering a new time for the course. In case the customer refuses the time he/she will be offered at least two more times of additional courses. In case customer refuses all the times he/she will lose the paid fee that is considered to cover the expenses related to rebooking and handling.
In case the customer has paid the booking fee and the the full fee before the class and then it becomes apparent that the customer can not participate on a live training for whatever sort of reason (including but not limited to force majeure), Merchant is responsible may offer the customer a change to participate for free in another training. However, no fees will be returned if the original class takes place as intended. In case the trainer has to cancel a training or re-schedule it, the customer will be offered three additional dates for the training. In certain situations the trainer may want to cancel the class and not offer three alternative times. Then the customer may get a store credit or a refund in the amount of the initial booking fee. No other cost (tickets, bookings, travelling costs, lost profit etc) will be paid to the customer even if those costs have been proven to be paid to third parties.
Opinions / critizism If customer has participated at a class till the end of the first first half of the first day or received access to online training, no refunds whatsoever will be given for the customer if the customer finds the class not satisfactory later on. In case customer reaches an opinion that for whatever reason the course, products, solutions, marketing strategies, client service, or similar was not satisfactory to him/her, after leaving the class or having enrolled to online class, all such opinions, criticism, questions, suggestions or feedback of any kind must first be sent to us. Only in case the organiser of the class does not provide answers to customers questions related to content of the training within 12 weeks and the organiser of the course does not refer to sources where customer can find answers (i.e internet based learning systems on websites under this policy) or solutions, is the customer allowed to express such opinions / questions in public. The same applies to the organiser of the course. In case either party violates this (by expressing such opinions in public before contacting the other party privately) a fee in the amount of 20 times the course fee or online training fee has to be paid to the other party and the certificate will be revoked and online accounts closed. All posts whatsoever that are not direct messages / private messages / short messages via mobile phone are considered a public. Also sharing messaging via such medias with others are considered as public. In case the customer has purchased an access to an online training and logged on at least once, the same rules and regulations apply that have been described here in this paragraph. Please also read the section: Comments / suggestions / defaming of this document.
Refund of booking fee for classes In case the class is cancelled by Merchant all booking fees are refunded. In case the customer is unable to attend a concrete class he/she will be given an opportunity to attend another class within 3 months from the date of the original class. In case a person has attended the class for longer than 4 h of the first day no refund will be given if he or she will find the class to be unsatisfactory. Otherwise no refunds whatsoever will be given.
Claims related to the content of the class In case a participant decides to attend the course and then afterwards finds the course to be unsatisfactory to his or her particular taste no refund will be provided because of the differences in the base knowledge and differences in the belief systems of different clients. In case the customer will want some sort of additional information or knowledge the trainer may offer him / her additional ways and means to acquire that knowledge. In case the customer considers products sold via websites under this policy or products that are included in the starter kit unsatisfactory to his/her particular taste no refund will be provided.
False or Malicious claims
In case the customer that has bought and received a product, files a claim against the service provider (Merchant and or it's affiliates) and it becomes apparent that: a) the customer has provided any sort of false information, b) the claim itself is based entirely or partly on false information, c) the customer has committed an act that violates the signed contract and a) the customer has used the product entirely or partly, b) has opened it and put it into use, or c) makes a demand to Merchant that directly contradicts the terms of this service and then initiates public defaming if Merchant does not agree to that and this is proved with reproducible material, can be basis for failing a claim against the customer in accordance to the Penal Law of the legislation of the affiliate who established a direct relationship with the client. And if that could in any way be related to customer's unwillingness to fulfil his/her own responsibilities (i.e. payment by instalments or payment a damage fee of 20 times the price paid for the order), the legal partner of Merchant will do its best to take it to the court of law that results (based on analogy and depending on the previous possible criminal record of the customer) in pecuniary punishment or up to five years imprisonment.
Inability to pay for the course
In case customer is unable to pay for the live-course or a solution of that includes a live-course before the course a payment settlement is offered to the customer by Merchant or it's representatives. A settlement has to be accepted in a re-produceable form (i.e. an email exchange). In case the customer is allowed to attend a course before the course fee is paid in full the customer has to acknowledge that according to the TERMS of SERVICE the certificate is valid only as long as he/she follows the payment schedule agreed with the service provider. In case the customer is unable to follow the payment schedule for over 30 days AND the customer demonstrates no willingness to agree new reasonable payment schedules (reasonable in this context means no longer than 3 months) Merchant has the right to publish customers personal information with a referral to the fact that he/she owns money and is in the sense of service providing ethics untrustworthy.
Comments / suggestions / defaming
In case the client has reasons to believe that the information on the websites under this policy is incorrect or insufficient or the user is unable to log into the site, she/he is responsible of contacting Merchant immediately (as soon as he/she found out that information is missing entirely or partly or is insufficient) and getting consultation how to log on the the site so that all the necessary information would be seen and usable. In case the customer / user has any sort of questions, comments, suggestions, ides, criticism regarding the class or products sold by Merchant, the way the product was sold, marketing strategies of the merchant etc, he or she has to turn to Merchant regarding those issues (content/quality of the content of the products, packaging, usability, results achieved, social media posts of merchant, quality and selection of the before and after pictures, contents of the product, manuals etc) by sending an email through the contact form on this website. In case the customer that has made a purchase, ignores that, this can be considered a breach of contract and or defaming and and he / she is responsible for a damage fee 20 times of the price paid for the product.
Any defaming by a customer has to be proven by a screenshot or any other proof that will be added to the materials when a case is opened at a court of law. This term is balanced by the Merchant having the same responsibility. If Merchant presents whatever sort of questions, comments, suggestions, ideas, criticism regarding the customer in public or to any third party, not the customer the Merchant is responsible for a damage fee 20 times of the cost of the order the customer made and that caused public announcement in any form. In case the criticism of a customer is based on false information or customer makes a demand to Merchant that is in its essence already contradictory with the terms of service agreed upon in this document and presents the refusal of Merchant to agree to such demands in any sort of negative light in public or to third parties, it is considered immediately defaming, breach of contract and the customer that has committed such an act will be liable for a damage fee 20 times of the cost of the order that has to be paid to Marchant upon its first request. Merchant takes no responsibility whatsoever regarding the blog comments, blog posts or information written by any of the users or third parties about the services of the merchant.
Procedures after the training Merchant, the training provider or whatever other institution that has the right to represent Merchant or carrie out classes with Merchant material takes no responsibility whatsoever for the results of the treatments customers make after the class or online training. Merchant or whatever other institution that has the right to represent Merchant will not carrie out corrections for the clients of the customers nor guarantee in any way the success of such procedures. Also responsibilities regarding hygiene of the procedure lies entirely upon the customer carrying it out after the class or online training. Merchant suggests that the customer takes very throughout look of the local healthcare and hygiene regulations of Swissmedic or the any other sort of local healthcare organisation and carries out the procedures according to that. Merchant gives general information about the rules applied in different countries and makes suggestions regarding the hygiene, however the responsibility regarding making the procedures correctly according local hygiene norms lies entirely on the customer. ALWAYS, PLEASE BE SURE TO MEET THE LOCAL SPECIFIC HEALTHCARE AND HYGIENE REQUIREMENTS. As well as the customer / user take full responsibility that they are allowed to use the products, solutions, strategies etc in their country according to the local rules and regulations of health related governing units. For example, if a customer or buyer has purchased and ordered pigments, devices, hyaluron pen device, fillers, online training, has joined a training etc and is not able to use those because the local rules and regulations forbid it, no refund will be provided as this is the sole responsibility of the user / customer to seek the local rules and regulations before ordering anything. Merchant nor the employees of the Merchant never take a stand regarding such regulations and customer/user is solely responsible finding that out on his /her own.
Using the marketing materials on the Hyaluron Pen Academy online system All customers (certified and not certified) have the right to use the material from the Everyoung Hyaluron Pen Academy online training system and from the social media channels of the Hyaluron Pen Academy solely for the purpose of promoting the service of Hyaluron Pen treatment. Customers (or any third party) is strictly forbidden to use the marketing material (pictures, videos, descriptions) from the public website of Hyaluron Pen Academy to promote any sort of Hyaluron Pen (or similar device) training. In case the marketing material from the Hyaluron Pen Academy online system is detected to be used in such context (in ads, descriptive texts, promotional or cover pictures, email marketing or any other sort of promotion) the customer (or the third party) that is responsible for doing it, agrees to pay the merchant 20 times the fee for the training (or online training solution) and all other costs that is calculated by the Marchant as the direct or indirect damage.
Other relations based on the Law of Obligations In case there are other monetary transactions between the customers and models those provide the service to, the following should be kept in mind. Merchant takes no responsibility whatsoever regarding the transactions models pay to the customers. In case customers find their own models, they can sign a contract with the models to make sure that they get enough compensation from their models for the microbladed brows or lip-filling. Customers bare the responsibility to explain the models that they are not and can not yet be professional artists. Also it is advisable not to charge models final price of the service. Merchant suggests the fee to be smaller, however the final decision has to be made by the customer that enters the relationship based on the law of obligations with the model. On live trainings, merchant bares responsibility for making sure the customer follows the material learned and follows all the hygiene etc guidelines when doing the procedure. However Merchant does not bare any responsibility for the model of the customer liking the brows or end result of any other treatment. In case the model of the customer simply is not satisfied with the result (referring to the fact she does not like the result), customer has to refer to the agreements she has made with the model and correct the end-result according to such agreements. Models and discounted price procedures of brow procedures of the representatives of Merchant. In case a person applies to be a model to a training or otherwise receives a discount no less than 20% of the original widely used price of a Hyaluron Pen Academy artist or a trainer, the following has to be taken into account. The waiting time on site may be considerably longer compared to normal appointments. Procedure itself may be considerably longer because customers may ask questions and trainer may have to give longer than usual explanations whilst completing the procedure. Retouches of the model or discounted procedures are usually done by the same artist, however that requires the model to schedule an appointment well in advance and the time of the appointment is dependent on the training days of the trainer. As a rule a 3 different appointment times with an interval no less than 5 days will be provided by the organiser. In case the model is unable to come to one of the possible retouch times provided, additional days may be offered by courtesy of the trainer or the artist that completed the initial procedure. Otherwise, all the basic rules and regulations apply to the model that come from Hyaluron Pen Academy procedure contract. The following excerpt is accepted when coming as a sample model or coming to a discounted procedure:
Rules to microblading models
By accepting this contract both parties acknowledge that they are well aware of the microblading process and its stages. They also acknowledge all the possible dangers related to that process as a whole and to its different stages. Service provider confirms that she has received sufficient training regarding the microblading process. The client/model confirms that she has completely understood which technology exactly is used when it comes to microblading. The client/model understands that microblading in its essence means inserting inorganic pigment molecules to the surface layers of her skin and that can be compared to the process of tattooing. Taking all that into account the client has made an informed decision to go for the procedure and have microblading done.
Both parties herby agree to keep the information that becomes apparent during the procedure and the process leading to this confidential from third parties. Both parties take full legal responsibility from any and all damage that is caused to the other party by breaking this agreement of confidentiality. This clause does not concern the “before” and “after” pictures that are taken by the service provider.
Hereby the client/model acknowledges that she is well aware of the range of different outcomes that the process of microblading can result into. The client/model also acknowledges that the service provider can not and will not guarantee that the client/model will be satisfied with the end result of microblading. Liking the new brows or not liking those is purely emotional evaluation and there can not be no universal standards that enable to set a level of the result being satisfactory or not being satisfactory. In case the procedure has been performed correctly and according to the standards of Hyaluron Pen Academy then the client /model acknowledges to have no further complaints regarding the likability of the brows that the service provider would have to react. In case the client/model has whatever sort of complaints, those must be sent in a personal email or message to the service provider. In case the client/model or the service provider start expressing criticism towards one another, the brand Hyaluron Pen Academy, organiser, etc in public before having had negotiations that include at least 3 meetings in person, the party having expressed the criticism must pay the other party 20 times the paid for the initial procedure.
The client/model acknowledges that the result of microblading that can be seen right after the procedure will change to a great extent. The thickness of the brows will downgrade a lot as well as the color of the pigment would fade to lighter up to 40 to 50 percent. The client/model also acknowledges that in order the result would have the precision and style comparable to the sample pictures of microblading or brow shading she would have to come at least once and probably several times for retouching.
Both the client/model and the service provider acknowledge that the results of the microblading procedure vary greatly due to the specifics of the client/model skin type and other anatomical peculiarities. Although most of the results of the procedures remind to a great extent the photos and material that you are able to see on the website of Hyaluron Pen Academy as well as on all other marketing materials, the actual results on the client/model still look different even if the face type is similar.
The service provider confirms that the procedure is carried out under strict rules and regulations regarding the norms of hygiene and disinfection of the tools used. All norms and regulations that are set by the local medial fiscal office are taken into account and followed. All needles (pins and blades) are used once only.
The client/model agrees by signing this agreement that she is well aware of the fact that the pigment that can be seen after the initial procedure will fade away within the following weeks a great extent. The major fading off will take place within the first week (5-7 days). The overall fading of the pigment may be 40-50%. In addition to that the client also acknowledges that the thickness of the brows may change also around 15%. The client/model also acknowledges that the actual retention time of the pigment varies greatly depending on the skin type and the way the procedure is carried out. The client/model accepts that she/(he) has no complaint against the service provider in case the pigment inserted during the microblading procedure disappears too fast or too slow. The client/model is fully responsible for studying the potential risks and effects of microblading, tools, pigments, etc before the procedure. The client/model accepts that all opinions must be expressed within 3 months from having the model / discounted procedure privately to the person, who did the procedure. The service provider nor the person carrying out the procedure is not responsible for the results and takes absolutely no financial responsibility regarding possible remove, retouching, remodelling of the procedure result.
By signing the contract the client/model also gives the permission to the service provider to take “before” and “after” pictures of her brows. The photos taken and produced this way belong to the service provider and she is well entitled to use those for her marketing activities (marketing herself or in the context of marketing microblading procedure) without any sort of need to ask for additional permissions from the client. That sort of permission given by the client also applies to publishing this material on the social media or on the internet.
Pain. Even when anesthetics are used the process of microblading can still be painful. People react to anesthetics in different ways and therefore there is no universal way the anesthetics affect the skin. Both parties acknowledge that the procedure may still cause uncomfortable feelings and pain.
Danger to receive contagious viruses. Although the service provider follows all medical requirements to minimize all danger to whatever sort of viruses spreading as there are open wounds such danger still exists. The client/model therefore has to acknowledge such danger. The service provider takes all responsibility that she has done everything to minimize such risks.
Uneven pigment. The lines that are drawn during the microblading process to the skin are at a very close look hardly ever absolutely flawless in shape. There may be little curves and uneven edges as well as the tone of the microbladed line might be uneven. Both the client/model and the service provider accept this as a inevitable part of the microblading process. The client/model has a chance before the procedure to ask any questions regarding what is to follow and the service provider has to give all the explanations.
Asymmetry. The service provider has to do everything for the brows to be symmetrical. For that the service provider can use all sorts of tools, applications etc. As a result of that the outline of the brows to be drawn will be seen before the procedure and in case the client/model so wishes the service provider can show that to the client/model. Both the service provider and the client/model acknowledge that the symmetry of the outline drawn to change is very small, however still possible to minor extent.
Bruising and swelling. Both bruising and swelling to a large extent depend on a certain client/model. Different people react to the procedure in very different ways and both parties acknowledge that. If the client/model knows that her skin has a tendency to be bruised easily she has to tell about that the service provider. Allergy against anesthetics. In case the client/model happens to have such an allergy against Lidocaine, Prilocaine, Benzocaine, Tetracaine or Epinephrine then she has to tell about that beforehand. Otherwise the service provider can take no responsibility regarding possible complications to the client.
Formation of blisters or cold sores. In case the client/model has the skin with such tendency or tendency to form herpes simplex easily she has to acknowledge the fact that such may happen during the procedure. Map Profiles If a customer has joined a course and accepted rules and regulations (by signing a document and / or registering an account) she / he acknowledges that the profile and information on it is purely a creation of Merchant. She / he has no right to demand any changes. She / he may suggest changes. By joining a course she / he has given Merchant all rights to present her information on any sections of the map. She also has given the right to be placed into the section "Removed from the map" (or respective in different languages). She acknowledges that the causes for being removed from the map range from: being untrustworthy, providing microblading procedure constantly for lower price than 250€ (or respective in USD or GBP), criticising other artists in public, being inactive, being incompetent etc. The customer has accepted that she / he has no claims against Merchant. if being removed from the map and placed in the respective section. The customer can be added back to the map if the issues are resolved and information supporting the wish of the artist to be on the map emerge. By accepting these terms and conditions the customer also accepts that Merchant will have no responsibility to give any explanations to the customer about the reasoning her /his profile has been removed from the map. Nor will Merchant have to enclose the customers, based on the opinion of whose such decisions have been made. Merchant will not ask any financial contribution from the customers that have been placed on the map. It is purely complimentary. All products sold by the Everyoung company or affiliates are cosmetic devices. In case a customer orders the product and it is considered to be a medical device later on the buyer takes full responsibility for that. In such situations, if the buyer wishes, she/he may return the device, however the seller will not refund the item. Also the customers accepts that the shipping and handling fee of such returns by the merchant is 500 eur (in addition to direct expenses related to shipping). The buyer must me absolutely certain that the device is legal to use in her location of providing the service and that the device is classified as a cosmetic device. In case the buyer wishes to register the device with, she/he can do that on her own and with no involvement by the Everyoung company. The buyer takes full responsibility when it comes to using any cosmetic device bought from Everyoung and the customer is responsible for all the use cases under the Federal Act on Medicinal Products and Medical Devices (Therapeutic Products Act - TPA) or any other legislation.
The contents of the starter kit is distributed as follows: Cosmetic Hyaluron Pen Device (99€), Filler capsules: 5 pieces (19€), Syringe for transferring (9€), Practicing filler (for model practicing) 10 x 0.5 ml (5 ml total) - (49€), Everyoung Hyaluron Pen towel (29€), Workbook (high-quality colour printout original workbook - approx 30 pages) - (89€), Customer discount code for ordering Everyoung filler cocktails from the online learning platform / customer ID number (39€), user manual (19€), package box (2€).
Hyaluron Pen International - International Distribution LLC, Zurich Switzerland, or partners.
Please feel free to contact us with any questions you may have. We are here to help!
Returning a product.
When you have received Hyaluron Pen starter kit and you wish to return the product you are entitled to do so in case you have not opened / used the product. All shipping fees of the returned products must be paid by the customer. The merchant is entitled to handling cost of 99 € that is deducted from the starter kit price. All starter kits are priced 299 € (if bought with online training package 599€, that share of the price of the starter kit is 299€). If a customer wants to return a starter kit or Hyaluron pen within fourteen days after receiving it, the refunded amount will be 299€-99€(handling)-actual transaction fees-actual shipping costs to customer. The remaining amount will be refunded to the customer by a bank transfer to an account provided by the customer within 5 business days. Merchant is responsible for providing all proof of actual costs related to the deduction (shipping company fees, transaction fees etc). If a customer wants to return the starter kit later, no returns are accepted.
Using all learning environments on all websites under this policy If the customer registers to use a learning environment of Hyaluron Pen Academy (i.e. hyaluronpen.academy) then by using the environment (when creating an account) the customer accepts all TERMS of SERVICE here. The customer is allowed to explore / use / view this material for her / his own purpose ONLY. The material can not be copied, nor presented in public in any way. The sole purpose of the access to such learning / training environment is to help the customer to acquire knowledge about microblading and achieve the level of theoretical and practical skills needed to be awarded a certificate. In case the customer shares the information in public she / he is responsible for all the direct and indirect damage done by that action.
Procedures done with the product bought from the Merchant
Merchant, or whatever other institution that has the right to represent Merchant or sell products with Merchant takes no responsibility whatsoever for the results of the treatments buyers perform with the products. Merchant or whatever other institution that has the right to represent Merchant will not carrie out corrections for the clients of the buyers, nor guarantee in any way the success of such procedures. Also, responsibilities regarding hygiene of the procedure lies entirely upon the buyer carrying it out. Merchant suggests that the buyer takes very throughout look of the local healthcare, hygiene, legal, licence-related and all other regulations of Swissmedic, Health Canada, FDA, Bundesministerium für Gesundheit, Министерство здравоохранения Российской Федерации, or whichever other local healthboard in buyer's country governs the rules and regulations regarding using the products and providing the service and carries out the procedures according to that. The responsibility regarding performing the procedures correctly according local hygiene norms lies entirely on the buyer. The buyer has to be sure that she / he meets all the local hygiene and competence requirements, always. As well as the buyer takes full responsibility that she/he is allowed to use the products, fillers, solutions, strategies etc in their country according to the local rules and regulations of health related governing units. For example, if a buyer has bought the fillers and is not able to use those fillers because the local rules and regulations forbid it, no refund will be provided as this is the sole responsibility of the buyer to seek for and fully understand the local rules and regulations before buying any products, take additional training to obtain the needed licensing or provide the service in a region where restrictions are more liberal. Merchant nor the employees of the Merchant never take a stand regarding such regulations and buyer is solely responsible finding that out on his / her own. The regulations can differ to a great extent from country to country and even neighbouring countries in the same trading zones or unions of countries or states can have diametrically different approaches.
Fillers under the category EU (European Union) fillers
Those products are intended for registered professionals only, thus the buyer confirms to have all the credentials, licenses, etc needed to use the product and by purchasing those items commits to provide proof of his/her company/studio registration, if requested by the merchant or third parties.
If the buyer is located outside the EU territory he/she takes full responsibility for using the product ordered according to all local rules and regulations, thus we urge the buyer to make sure the product can be used in his/her location. No returns accepted.
The Merchant does not send fillers to customers (importers) in regions where the local medical board or other legislative unit has presented restrictions to importing specific fillers. In case such an order is made, the customer who has ordered fillers to locations where those can not be imported is fully liable for all shipping and handling costs and transaction fees. The remaining of the order sum will be returned to the buyer within 10 business days after such an order was made. When making an order the customer declares that he/she has all the rights, licenses and permissions to use filler according to all local and international rules and regulations and agrees to cover all un-necessary cost caused to Merchant if such restrictions become apparent after the order has been made.
Co-trainer no warranty declaration
In case a student proceeds to become a co-trainer, he/she is considered a business entity and no customer protections laws apply. It is automatically considered a business to business relationship and the co-trainer herself is responsible for providing business information to Merchant when it is asked by the Merchant. Merchant gives no warranty whatsoever to all digital and tangible solutions provided to the Co-trainer. If a co-trainer orders any sort of tangible items from the Merchant outside the European Union, the Co-trainer becomes the importer of the tangible products, fully responsible for all the additional expenses, taxation and all other additional costs. Also the Co-Trainer is fully responsible for the agreements made with possible students. The Merchant does not guarantee that the Co-Trainer is able to find students, nor takes the Merchant any sort of responsibility when it comes to students of the Co-trainer generating claims against the Co-trainer. Merchant does not recall any tangible solutions/products/supplies that have been sent to the Co-trainer and such returns are not accepted by the Merchant.
Agreement to provide information
Merchant has the right to ask the student for general feedback about the service and solutions provided to the student. Giving feedback is 100% voluntary by the student and the Merchant always has to provide correct information with the intent how feedback is used. In case the Merchant wishes to have more complete information about the student practices and procedures, the Merchant can send the student Corporate Regulatory Letter asking for additional information about the services, practices and products used and performed by the student. The student herby agrees to provide correct and truthful information to Merchant in a written form, after receiving such regulatory letter within 14 days after the letter is received from the Merchant. The student also gives the Merchant the right to forward this information to local authorities to help to prove that the student is acting according to all rules and regulations. In case the student does not comply with this, the Merchant has all the rights to use the personal data given by the student to inform local authorities about the point of service of the student and any activities that may violate local rules and regulations. As well as student becomes responsible for all the direct cost related to personal delivery of the Corporate Regulatory letters and / or direct cost of sending registered mail to the student.
Bundle solutions, possible registration or re-classification
In case the online training is sold as a part of a bundled solution (i.e. Hyaluron Pen online + Starter Kit), it is considered a sale of two separate items. Online training is an intangible item that is delivered and fully served when the account is created for the buyer. The starter kit is a collection of the following items:
Cosmetic Hyaluron Pen Device (99€),
Filler capsules: 5 pieces (19€),
Syringe for transferring (9€),
Practicing filler (for model practicing)
10 x 0.5 ml (5 ml total) - (49€),
Everyoung Hyaluron Pen towel (29€),
Workbook (high-quality colour printout original workbook - approx 30 pages) - (89€),
Customer discount code for ordering Everyoung filler cocktails from the online learning platform / customer ID number (39€),
User manual (19€), package box (2€).
Therefore the item 'Starter Kit' is also a bundle of items bought by the Buyer and sold by the Merchant. When making the purchase the buyer hereby agrees to the above-listed division of the price. UNDER NO CIRCUMSTANCES DOES THE MERCHANT ACCEPT ANY RETURNS OF ITEMS OF THE STARTER KIT, with the exception of the returns by the Buyer within the buyer-friendly 14 days cool-off return window, if the customer is a private person ordering from inside the European Union. The same buyer-friendly 14 days cool-off window can be applied also to shipments to other regions, in case the Merchant agrees to that. All such cases are examined individually.
All hyaluron pen devices sold are sold as cosmetic devices. This based on the interpretation of the EU directive 93/42/EEC: ‘medical device’ means any instrument, apparatus, appliance, software, material or other article, whether used alone or in combination, including the software intended by its manufacturer to be used specifically for diagnostic and/or therapeutic purposes and necessary for its proper application, intended by the manufacturer to be used for human beings for the purpose of:
— diagnosis, prevention, monitoring, treatment or alleviation of disease,
— diagnosis, monitoring, treatment, alleviation of or compensation for an injury or handicap,
— the investigation, replacement or modification of the anatomy or of a physiological process,
— control of conception, and which does not achieve its principal intended action in or on the human body by pharmacological, immunological or metabolic means, but which may be assisted in its function by such means;
The device is only sold from countries where the local medical device regulation states that the device is NOT intended by the manufacturer to be used for human beings for the purpose of any of the procedures and criteria listed above. This means that the manufacturer has classified the device as a cosmetic device and has gained a written acceptance from the local Health Board accepting the fact that with the marketing, packaging, and presentation of this device it can only be considered a cosmetic device and not a medical device.
In the case of the cosmetic device, Hyaluron Pen is bought from countries outside the legislation where it is solely considered a cosmetic device the buyer takes full responsibility for possible re-classifying the device according to local rules and regulations. In case bought outside the borders of the countries where the hyaluron pen is solely considered a cosmetic device by the local medical board, the buyer (regardless of a private person or a company) takes the role of an importer of the device, taking on full responsibility regarding registration of the device according to all local regulations. Herby Merchant explicitly declares taking no responsibility whatsoever regarding the registration process, providing additional documentation and/or participating in such registration proceedings. As stated in the terms of service, local rules, regulations, and requirements can differ to a great extent. I.e. in the neighboring countries inside the same union or trade zone, the hyaluron pen can be required to be classified as a cosmetic device, a class 1 medical device or a class 2 medical device.
The buyer hereby takes full responsibility regarding determining beforehand the need regarding classifying the device and completing all procedures regarding additional classification, if it becomes needed. The Merchant is not the importer, nor does the Merchant participate in such proceedings. In the case where the local health board or whatever sort of governing unit changes the requirements for classification or initiates a requirement for the device to be registered after the device has been bought by the Buyer, it is no basis for a recall as the Buyer has taken the role of the importer and is solely responsible for such registration process and costs related to that.
Litigations, Investigations and law suits
In the case of defaming and malicious claims, the Merchant takes the full right to secure the possible financial damage by arranging collateral or mortgage to the immovable property of the student. That is done via Interim relief. The financial liability in case of defaming, violation the terms of service and/or proposing malicious claims is not limited to 20 times the fees the student has paid the Merchant. By default, the claim the student agrees to by accepting the terms of service is 20 times the fees paid and direct financial costs of the Merchant regarding a concrete case and fees related to court proceedings and ord police investigation.
All cases where the claim against the Marchant is made by the student based on false information that the student was aware of or must have been aware of, are automatically classified as embezzlement attempts or embezzlement, fraud attempts or fraud. In case the false or malicious claim causes direct financial damage to the Merchant (inability to use the funds of the Merchant to the full extent, additional legal expenses when the Merchant has to exercise it's right to defense or whatever other expenses, that can be proven), the act of filing a false claim will be automatically classified as embezzlement or fraud.
The legal framework inside European Union under which such proceedings take place all classify similar punishments for such deeds. The following is a sample of a range of punishments given by the court for such actions:
Embezzlement is illegal converting into his or her use or the use of a third person of movable property which is in the possession of another person or other assets belonging to another person which have been entrusted to the person is punishable by a pecuniary punishment or up to one year's imprisonment. The same act, if committed: 1) by a person who has previously committed theft, robbery, embezzlement, acquisition, storage or marketing of property received through commission of an offense, intentional damaging or destruction of a thing, fraud or extortion; 2) on a large-scale basis; 3) by an official; or 4) by a group; is punishable by a pecuniary punishment or up to five years’ imprisonment. An act provided for in subsections of this section, if committed by a legal person, is punishable by a pecuniary punishment. For criminal offense provided for in clauses (2) 2) and 3) of this section, the court may impose extended confiscation of assets or property acquired by the criminal offense pursuant to the provisions of this Code.
Fraud is causing of proprietary damage to another person by knowingly causing a misconception of existing facts for the purpose of the significant proprietary benefit is punishable by a pecuniary punishment or up to three years’ imprisonment. The same act, if committed: 1) by a person who has previously committed theft, robbery, embezzlement, acquisition, storage or marketing of property received through commission of an offense, intentional damaging or destruction of a thing, fraud or extortion; 2) by an official; 3) on a large-scale basis; 4) by a group; or 5) by addressing the public; is punishable by one to five years’ imprisonment. An act provided for in subsection (1) or (2) of this section, if committed by a legal person, is punishable by a pecuniary punishment. (4) For criminal offense provided for in clauses (2) 2) and 3) of this section, the court may impose extended confiscation of assets or property acquired by the criminal offense pursuant to the provisions of this Code.
By accepting the terms here the student understands that defaming, false/malicious claims, violations of copyright laws and other violations of this contract can lead to criminal investigation and civil litigation(s) simultaneously.
Using the promotional materials of Merchant All sort of promotional material digital or graphical can only be used by certified artists and with a written consent from Merchant or its representative. If such should occur, merchant in entitled to compensation for all the direct and indirect damage done to its brand. Also the exact same applies to all the participants of courses and online trainings. No participant may start providing services under the Merchants name or referring to partnership of Merchant on clients without a written consent from the merchant. No services related to Merchant can be advertised before receiving the certificate and a consent to do microblading on clients by the trainer. Arguments All reclamations, questions, arguments and whatsoever between the client and the provider of products, solutions and online and live-classes of Merchant will be solved under the laws of Switzerland. In case of an argument both parties have to solve the argument first over a meeting or having representatives meet in Switzerland, Zurich. If that produces no results, an argument must be solved over en exchange of emails. If that too will produce no results all arguments are then taken to the court of law tunder the legislation of the affiliate who established a direct relationship with the client. During the solving of an argument both parties have to disclose the public of all the details of the argument. If one party fails to do that a compensation in the amount of ten times a course fee or online training fee has to be paid to the opposite party. All sort of posts on the internet or social media are considered as public announcements and thus can be a breach of contract depending on their nature and content. Merchant and it's representatives are not allowed to mention the personal details of the customer (name, exact age, location) when discussing the argument in public, however, herby Merchant is allowed to mention the principal details of the argument. This Agreement was last modified on May 11, 2019.
IMPORTANT! By making any orders from this website you also confirm that you have read, undersood and fully accepted all terms and conditions here: https://www.hyaluronpen.vip/terms