Terms of sale

 

Effective Date: April 20, 2025

**PLEASE READ THESE TERMS AND CONDITIONS OF SALE AND USE ("Terms and Conditions") CAREFULLY BEFORE USING THIS WEBSITE. AM to PM™ ("AM to PM™") operates this website and all associated mobile applications (collectively, the "Site") as a service to our customers. By using the Site, you agree to be bound by the following Terms and Conditions and to comply with them. Please read the Terms and Conditions carefully and check them regularly for updates. If you do not accept these Terms and Conditions, we invite you not to access information or obtain products or services on the Site.

ACCEPTANCE OF TERMS You accept the terms and conditions of these Terms and Conditions. These Terms and Conditions constitute the sole and exclusive agreement between you and AM to PM™ and supersede all prior or contemporaneous agreements, representations, warranties, or understandings concerning the Site, the content, the products, or services provided by or through the Site, and the subject matter of these Terms and Conditions. The terms you include in any order, order confirmation, or other document are expressly excluded. Any modification of these Terms and Conditions will be binding on AM to PM™ only if it is agreed upon between you and an authorized representative of AM to PM™.

ORDER MANAGEMENT, MODIFICATION, AND REFUSAL By placing an order through our Site, you submit an offer to AM to PM™ to purchase the product(s) in your order. You will then receive an email from us at the email address provided at the time of payment confirming the receipt of your order and containing the order details ("Order Confirmation"). The Order Confirmation is an acknowledgment of your order and does not confirm the acceptance of your offer to purchase the product(s). AM to PM™ reserves the right to reject any order, whether it has been confirmed and/or your credit card or other payment method has been charged. You will then receive an email from us informing you of the rejection of your order at the email address you provided at the time of payment. If your credit card or other payment method has already been charged, and part of your order is rejected, AM to PM™ will credit you with the corresponding amount using your initial payment method. The acceptance of your order and the conclusion of the contract between us will occur when we ship the product(s) to you. Once the contract is concluded, you will receive a shipping confirmation at the email address you provided at the time of payment.

DELIVERY, RISK OF LOSS, AND OWNERSHIP RESERVATION Unless otherwise agreed, shipment will be made to the delivery address you have provided. If you are a consumer, the risk of damage or loss of products is transferred to you upon delivery of your order. If you are not a consumer, the risk is transferred upon delivery of your order to the carrier. Delivery times may vary. Delivery dates are provided for reference and do not guarantee the delivery of the products on the specified date. We retain ownership of all products delivered until full payment is made.

**PACKAGING DISCLAIMER: In the event of a packaging shortage, as depicted in the photo with the AM to PM logo, the product will be shipped in neutral packaging of equally high quality.**

PRICES AND PAYMENTS Product prices and delivery fees are listed on our Site when you place your order. The prices listed include applicable VAT. You declare and warrant that the information regarding your credit card or any other selected payment method is true, accurate, and complete, and that you will pay the fees you have incurred.

All payments made on our Site are processed securely through trusted third-party providers, including Stripe, Shopify Payments, and PayPal. By placing an order, you agree to the terms and conditions of these payment processors. We do not store or have direct access to your full payment details.

PROHIBITION OF RESALE Unless expressly agreed in writing by an authorized representative of AM to PM™, you agree not to resell any product purchased on the Site through commercial practices.

SUBSCRIPTIONS Recurring Orders. If you subscribe to a plan, based on the order and delivery frequency you choose when placing the order, your order containing the product(s) you have chosen in connection with your subscription will be processed and shipped recurrently for the duration of your subscription. We will charge you the corresponding amount recurrently using your payment method, including, if applicable, shipping and VAT, at least one full business day before the shipment of your order. Some details related to products (including price, discount, and availability of certain products) may change, and each subscription order will be subject to the applicable price, discount, and product type at the time the recurring order is processed. The full details of each recurring order, including the price to be charged to you (including VAT, if applicable), will be sent to your email address at least 48 hours before the products are shipped. This email will also inform you of the steps to take if you wish to cancel or modify your order.

Modification and Cancellation. If you wish to pause, resume, cancel, or modify the frequency of your subscription, we invite you to make these changes by logging into your account or contacting us at https://amtopm.com/pages/contact. Our offer regarding the suspension of subscriptions is at our sole discretion and is subject to change. You can modify or cancel your subscription via your account or by email at any time and for any reason (processing email requests may take up to five business days). The modification or cancellation of your subscription will not affect orders that have already been shipped. AM to PM™ shall have the right, by written notice (email) to your attention, to terminate these Terms and your subscription (replenishment plan) at any time. Upon expiration or termination of these Terms, or your subscription, for any reason, no further products will be purchased or shipped based on a consecutive order under a subscription, and your subscription will be terminated.

WARRANTY AND RETURNS Our Warranty and Return Policy is an integral part of this Agreement. It applies independently and does not affect your statutory warranty and return rights under applicable law, including, but not limited to, your right of withdrawal as described in section 18. If the standard warranty period is not explicitly stated otherwise, it shall be understood that the standard warranty provided herein is for a duration of one (1) year from the date of delivery of the products, notwithstanding any contrary provisions within this Agreement. This standard warranty duration does not derogate from or limit any additional statutory rights you may have under applicable laws.

If you are a consumer in the European Economic Area or the UK, your statutory warranty rights extend for a period of two years from the delivery of the products, and you may request the repair or replacement of defective or non-conforming products. If the products cannot be repaired or replaced within a reasonable time or without difficulty, you may request a refund or a reduction of the purchase price.

Due to hygiene and safety regulations, we cannot accept returns on used skincare devices or opened topical products unless they are found to be defective upon arrival.

Please ensure you read all usage instructions and perform a patch test before using any skincare cream or device.

By completing your purchase, you agree to these return limitations.

YOUR USE OF THE SITE By accessing the Site, you agree not to use the Site to create content that is illegal, harmful, threatening, abusive, harassing, offensive, defamatory, vulgar, obscene, slanderous, hateful, or discriminatory or that would infringe on the privacy, intellectual property, or other property rights of a third party. Viewing, printing, or downloading any element of the Site grants you a limited, non-exclusive license for personal use and not for republication, distribution, assignment, sublicensing, sale, creation of derivative works, or any other use. You are not authorized to reproduce, in any form, or to incorporate into an information retrieval system, electronic or mechanical, any element of the Site, except for your personal use, but not for resale or redistribution.

CREATION AND DELETION OF ACCOUNT By creating an account, you certify that the information provided is accurate. We may delete your account at any time and without notice if we find that you have provided false or misleading information or violated or abused any of these Terms and Conditions.

PRIVACY POLICY Your personal data is processed in accordance with our Privacy Policy, which may be updated from time to time.

PROPERTY RIGHTS The content, organization, graphics, design, compilation, magnetic translation, digital conversion, and other elements related to the Site are protected by applicable intellectual property and other property rights. Unless otherwise indicated in this document, you are strictly prohibited from copying, redistributing, using, or publishing any part of the Site. You acquire no ownership rights in the content or materials viewed on the Site.

SUBMISSION OF MATERIAL If you submit material to AM to PM™, including but not limited to contest entries, suggestions, reviews, or photographs, you grant AM to PM™ a non-exclusive, royalty-free, fully sublicensable, transferable, and irrevocable right to use, reproduce, modify, adapt, publish, translate, create derivative works, distribute, and broadcast that material worldwide in any media; no moral rights are transferred under this section.

LINKS TO THIRD-PARTY WEBSITES The Site may contain links to third-party websites. We are not responsible for the content, accuracy, or opinions expressed on these websites. We do not endorse or approve any of these websites. If you choose to access any of these third-party sites, you do so at your own risk.

PRODUCT USE DISCLAIMER REGARDING DEVICE use our skincare devices are intended for cosmetic use only and are not intended to diagnose, treat, cure, or prevent any medical condition or disease. Results may vary depending on individual skin types and conditions. Customers should consult with a healthcare professional before using any new skincare device, particularly if they have a medical condition or are pregnant. AM to PM™ shall not be liable for any adverse reactions or injuries caused by misuse or failure to follow product instructions.

• Contraindications Do not use our devices if you have electronic implants (such as pacemakers), metal implants in the treatment area, are pregnant or breastfeeding, have epilepsy, active skin infections, open wounds, or recent facial surgery. Consult with a medical professional before use.

LIMITATION OF LIABILITY AM to PM™ is liable for damages caused by intentional violation or gross negligence of an obligation by AM to PM™ or any of its legal representatives or executing agents. Additionally, AM to PM™ is liable for negligently violating essential obligations. Obligations are essential if their violation compromises the achievement of the contractual purpose or if their execution regularly enables contract fulfillment; in this case, AM to PM™ is only liable for foreseeable damages resulting from the contract. AM to PM™ is not liable for the negligent violation of other obligations unless otherwise specified. Liability under French law concerning product liability and other mandatory product liability laws is not affected. To the extent that AM to PM™'s liability is excluded or limited under this section, this exclusion or limitation also applies to AM to PM™'s employees, legal representatives, and executing agents.

To the maximum extent permitted by law, AM to PM™ shall not be liable for any indirect, incidental, or consequential damages resulting from the use or misuse of our products, including but not limited to electronic skincare devices and topical creams.

By purchasing, you acknowledge that individual results may vary and that improper use—such as failure to follow instructions, contraindications, or pre-existing skin sensitivities—may result in adverse effects for which we are not liable.

Users are advised to consult a healthcare professional before starting any skincare or light-based treatment, especially if they have underlying medical conditions.

Disclaimer: The red light wand is intended for cosmetic purposes and should be used as directed. Overuse or prolonged exposure, especially exceeding 3 minutes per day or repetitive use, may cause skin irritation or burns. By purchasing this product, the user acknowledges the potential risks associated with improper use. AM to PM™ shall not be held liable for any damages or injuries resulting from misuse, improper handling, or excessive use of the red light wand.

Red Light Therapy Disclaimer

Our red light therapy devices are intended for cosmetic use only. While generally safe, red light therapy may pose risks for individuals with certain medical conditions, skin sensitivities, or those using specific medications.

AM to PM™ does not accept responsibility for misuse or for reactions that occur due to individual health conditions. Consult your doctor prior to use if you are unsure of any contraindications.

PRODUCT SAFETY INFORMATION Patch Test Recommended Before full application, we recommend conducting a patch test on a small area of your skin. Discontinue use if irritation occurs. Our creams and serums are for external use only. Avoid contact with eyes. In case of contact, rinse thoroughly with water.

ELECTRONIC DEVICE SAFETY DISCLAIMER Always use the original charger/cable provided. Do not submerge devices in water or expose them to extreme temperatures. Do not attempt to modify or repair the device yourself. Doing so may void any warranty and could lead to safety risks.

INDEMNIFICATION You agree to indemnify and hold AM to PM™ and its officers, directors, managers, employees, agents, affiliates, and licensees harmless from any loss, damage, liability, costs, and expenses, including but not limited to legal fees, arising from and caused by (a) the content you submit, post, or transmit through the Site, (b) your use of the Site, (c) your connection to the Site, (d) your violation of these Terms and Conditions, or (e) your violation of a third party's rights, including intellectual property rights.

APPLICABLE LAW These Terms of Use, as well as any separate agreement through which we provide you with the Services, are governed and construed under the laws of the United States.

DISPUTE RESOLUTION AND JURISDICTION You can contact us at https://amtopm.com/pages/contact for any questions regarding the Site or your purchases. We may be able to address most of your concerns quickly in this way. The European Commission provides an online dispute resolution (ODR) platform available at ec.europa.eu/consumers/odr. AM to PM™ is neither obligated nor willing to participate in a consumer mediation procedure.

LEGAL RIGHT OF WITHDRAWAL If you are a consumer in the European Economic Area or the UK, you have the following right of withdrawal:

INSTRUCTIONS REGARDING RIGHT OF WITHDRAWAL

RIGHT OF WITHDRAWAL:

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you enter into, or a third party other than the carrier and indicated by you enters into physical possession of the products. If you have subscribed to a plan, the withdrawal period will expire after 14 days from the day on which you enter into, or a third party other than the carrier and indicated by you enters into physical possession of the first item.

To exercise the right of withdrawal, you must inform us at AM to PM™, contact@amtopm.com of your decision to withdraw from this contract by an unequivocal statement (e.g., a letter sent by post or email). You may use the withdrawal form template attached. You are not obliged to use this form.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

EFFECTS OF WITHDRAWAL:

If you withdraw from this contract, we shall reimburse all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.

You will have to bear the direct cost of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

The right of withdrawal does not apply to:

• The supply of goods that are liable to deteriorate or expire rapidly, such as cosmetics, where the seal is broken after delivery.
• The supply of sealed goods that are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
• The supply of goods which are, after delivery, according to their nature, inseparably mixed with other items.

END OF INSTRUCTIONS REGARDING RIGHT OF WITHDRAWAL

WITHDRAWAL FORM TEMPLATE:

(Complete and return this form only if you wish to withdraw from the contract.)

To: contact@amtopm.com. I/We () hereby give notice that I/We () withdraw from my/our () contract of sale of the following goods ()/for the provision of the following service (), Ordered on () / received on (), Name of consumer(s): Address of consumer(s): Signature of consumer(s) (only if this form is notified on paper): Date: () Delete as appropriate.

MODIFICATIONS TO THE SITE We reserve the right, at our sole discretion, to modify or remove any documents, information, or content on the Site without notice.

UPDATES TO TERMS AND CONDITIONS We may change these Terms and Conditions at any time. Minor changes that do not affect your rights and do not result in an unfair disadvantage to you may occur at any time, with or without notice, and will take effect immediately upon publication. In the case of major changes, we will notify you by publishing the amended terms on the Site at least thirty (30) days before the effective date of the changes. At our discretion, we may also send a notice of the changes by email to anyone who has provided us with an email address or as required by law. If, in this case, you do not object to the changes in text form within six weeks after receiving the email, you will be deemed to have accepted the changes. We will inform you in the email of your right to object, the formal and deadline requirements for objecting, and the consequences of not objecting to the changes. You are responsible for keeping your email address updated. We are not responsible for outdated or incorrect information that you may provide. If you do not agree to the proposed changes, we invite you to discontinue using the Site before the new Terms and Conditions take effect. If you continue to use the Site after the new terms take effect, you will be subject to the new Terms and Conditions.

USE OF AM to PM PRODUCTS Before using AM to PM products (ActivLift™ wand, cream, serum), we advise you to test the products several times on your arm to prevent any adverse reactions on your skin. AM to PM disclaims all liability for potential injuries or side effects resulting from excessive, inappropriate, or unintended use of the products sold.