Terms and Conditions
Thank you for visiting our website (the “Site”). This Site is maintained and operated by Beauty Essence, Inc. (“Company”, “we” or “us”).
YOUR ACCESS AND USE OF THE SITE IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS (THE “TERMS AND CONDITIONS”) AND ALL APPLICABLE LAWS. BY ACCESSING OR USING ANY PART OF THE SITE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW, YOU MAY NOT USE ANY PORTION OF THE SITE.
NOTICE OF ARBITRATION PROVISIONS: Your use of this Site is subject to binding individual arbitration of any disputes which may arise, as provided in these Terms and Conditions. Please read the arbitration provisions carefully and do not use the Site if you are unwilling to arbitrate any disputes you may have with us as provided below.
AUTHORIZED USE OF SITE: This Site is provided for your personal and non-commercial use and for informational purposes only. Any other use of the Site requires the prior written consent of Company.
UNAUTHORIZED USE OF SITE: You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site. Further, you may not use any such automated means to manipulate the Site, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Site or any other user’s use of the Site, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms and Conditions. You may not frame portions of the Site within another website or application. You may not resell use of, or access to, the Site to any third party without our prior written consent.
TERMS OF SALE: Certain products and services will be made available to you by us through the Site. By purchasing any products or services through the Site, you signify that you have read, understand and agree to be bound by the Terms of Sale in effect at the time of purchase (“Terms of Sale”). These Terms of Sale are subject to change without prior written notice at any time, in Company’s sole discretion, and such changes shall apply to any purchases made after such changes are posted on the Site. Therefore, you should review these Terms of Sale prior to each purchase so you will understand the terms applicable to such transaction. If you do not agree to these Terms of Sale, do not make any purchases on the Site.
- Purchases via the Site: You agree to pay Company all charges at the prices then in effect for the products you or other persons using your account or payment method may purchase, and you authorize Company to charge your chosen payment provider for any such purchases. Posted prices do not include sales tax, which will be charged to you when applicable. Company reserves the right to correct any errors or mistakes in pricing that it makes even if it has already requested payment. Products purchased or otherwise provided through the Site, including samples and gift items, are for personal use only and are not for resale. All purchases are subject to Company’s policies and procedures relating to shipping, delivery, returns and exchanges, as set forth in these Terms and Conditions or on the Site.
- Purchase Qualifications; Account Security: To make a purchase on the Site, you must comply with these Terms of Sale (including the Terms and Conditions). You agree to accept responsibility for all purchases and other activities that occur under your name and/or account. We reserve the right to refuse or cancel orders or terminate accounts, at any time at our sole discretion.
- Payment Method and Terms: By submitting an order through the Site, you authorize our designated payment processor to charge the account you specify for the purchase amount. All payments are to be made in United States Dollars.
- Product and Service Descriptions and Availability, Errors: Company continually upgrades and revises its products and services to provide you with new products and services. Company may revise, discontinue or modify products or services at any time without prior notice to customers, and products or services may become unavailable without notice. Company shall have no liability of any kind if a product or service that has been ordered is unavailable. If necessary, Company reserves the right to substitute items of equal or greater value when an item or service is unavailable or Company may cancel the order.
- Corrections: We attempt to be as accurate as possible and eliminate errors on the Site, however, we do not warrant that any product, service or description, photograph, pricing or other information is accurate, complete, reliable, current, or error-free. In the event of an error, whether on the Site, in an order confirmation, in processing an order, delivering a product or service or otherwise, we reserve the right to correct such error and otherwise change or update the information on the Site at any time without notice, revise your order accordingly if necessary (including charging the correct price) and/or cancel your order and refund any amount charged.
- Orders: Please keep in mind that our business hours are Monday through Friday from 9:00 am to 6:00 pm Eastern Time (“ET”). All orders received before 4:00 pm ET are processed and shipped the same day. Any orders placed over the weekend will be shipped the following Monday morning. Our offices will be closed for the following holidays: Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, and New Year’s Day. Orders made on those days will be processed the next business day, when we reopen.
- Shipments/Risk of loss: The risk of loss and title for items purchased by you pass to you upon our delivery of the items to the carrier pursuant to these Terms of Sale. All shipments are at your own risk. Any freight damage must be reported by you to the carrier or shipping company immediately after receipt of a shipment.
- Invoicing: The prices invoiced by us will be those in effect on the date of receipt of your order. We disclaim any liability for damages or losses relating to any loss of profits or loss of commission as a result of business transactions not concluded due to price increases.
- Delivery times: Delivery times quoted by us are approximate and not binding. The fact that a delivery time has been exceeded does not entitle you to return your order or to claim damages of any kind. Our obligation to make any delivery is postponed for so long as you are in arrears in any payment to us.
- Force Majeure: We shall not be liable for any delay or failure to perform our obligations due to any cause beyond our reasonable control including, without limitation, fire accident, act of public enemy, war, rebellion, insurrection, sabotage, transportation delay, shortage of raw material, energy or machinery, act of God, government or the judiciary.
SHIPPING AND DELIVERY POLICY: All packages are shipped Monday through Friday via UPS. You can choose your shipping cost and time frame directly while you check out. Shipping methods available are UPS Ground, UPS 2nd Day Air and UPS Next Day Air. Please note that delivery times posted by UPS do not include weekend. UPS ground transit times vary greatly depending on shipping destination.
RETURN POLICY: The following are the conditions that apply to returns of our products (“Return Policy”):
- Only products purchased through the Website may be returned to Company in accordance with this Return Policy. Company products purchased through any other outlet, including third party retailers, are subject to the return policies applicable to such outlets.
- Only products in unopened original packaging that have not been tampered with or used in any manner or that are damaged or defective upon delivery may be returned to Company for a refund or exchange.
- You should inspect products for damage immediately upon delivery. If you notice any damage or believe a product is defective, you should contact us immediately to file a report. However, in order to qualify to receive a refund or exchange for any such claim, you need to contact us no later than five (5) calendar days from delivery and, prior to returning any product, obtain a Return Merchandise Authorization email from Company in accordance with the procedures described below.
- To obtain a Return Merchandise Authorization email from Company, send an email to Customer Service at email@example.com and provide us with your order number, full name, shipping address and email address, together with a brief description of your claim and whether you are requesting a refund or exchange. You must obtain a Return Merchandise Authorization email from Company before you can return a product.
- Products must be returned to us with the original shipping box, packing materials and a copy of the shipping invoice.
- You must return all products to us within fifteen (15) calendar days from the date that the Return Authorization is sent to you, and you must use a delivery method that allows for shipment tracking. Except in instances of defective products or incorrect shipments, you are responsible for paying for your own shipping costs for returning your product. Company will not otherwise be responsible for any shipping costs or expenses.
- Returned products should be shipped to the following address:
Beauty Essence, Inc.
60 Oxford Drive
Moonachie, NJ 07074
Attn: Return Processing
- Upon receipt of your returned product, Company will make a determination, in its reasonable discretion, whether a product claimed to be damaged or defective was actually damaged or defective when originally delivered to you. Company reserves the right, in its reasonable discretion, to refuse to refund or exchange any product that does not meet the above requirements.
- Company will not accept merchandise that, in its reasonable discretion, has been used, altered or damaged by you or a third party for which it is not responsible. Any unauthorized returns will be discarded without credit or replacement product. Company is not responsible in the event that returned packages are lost, stolen, or mishandled.
- If approved, refunds will be issued only in the same form as was used for payment. If a returned product was purchased with an E-Gift Card, and a refund is approved, the recipient of the E-Gift Card will receive a new email with a new gift card code for the value of the updated balance, including any applicable refund amount.
- Shipping charges are non-refundable. However, if approved, replacement products will be shipped free of charge, except where expedited shipping is requested.
PROPRIETARY RIGHTS: Company is the owner of or otherwise licensed to use all parts of the Site, including all copy, software, graphics, designs and all copyrights, trademarks, service marks, trade names, logos, and other intellectual property or proprietary rights contained therein. Some materials on the Site belong to third parties who have authorized Company to display the materials, such as portfolio works, client logos and trademarks and other proprietary materials. By using the Site, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. Except as expressly set forth in these Terms and Conditions, no license is granted to you and no rights are conveyed by virtue of accessing or using the Site. All rights not granted under these Terms and Conditions are reserved by Company.
Certain pages on the Site may allow you to post text comments, photos, videos or other Content (“Content”). Unless otherwise specified, you may only post Content to the Site if you are a resident of the United States and are eighteen (18) years of age or older. You may only post Content that you created or which the owner of the Content has given you permission to post. If Content depicts any person other than yourself, you must have permission from that person or, if that person is a minor, permission from that person’s parent or legal guardian, before you post the Content. You may be required to provide proof of such permission to Company. You may not post or distribute Content that is illegal or that violates these Terms and Conditions. By posting or distributing Content to the Site, you represent and warrant that (a) you own all the rights to the Content or are authorized to use and distribute the Content to the Site and (b) the Content does not and will not infringe any copyright, right of publicity, or any other third-party right nor violate any law or regulation.
By submitting or posting Content to the Site, you grant Company the irrevocable, perpetual, worldwide right to reproduce, display, perform, distribute, adapt, and promote this Content in any medium. Once you submit or post Content to the Site, Company does not need to give you any further right to inspect or approve uses of such Content or to compensate you for any such uses. You are solely responsible for anything you may post on the Site and the consequences of posting anything on the Site.
Content Posted by Other Users
ACTIVITIES PROHIBITED BY SITE: Company expects all of its users to be respectful of other people. The following is a partial list of the types of conduct that are illegal or prohibited on the Site or while using the Site. Company reserves the right to investigate and take appropriate legal action against anyone who, in Company’s sole discretion, engages in any of the prohibited activities. Without limitation, you agree that you will not post or transmit to other users anything that contains Content that:
- is defamatory, abusive, obscene, profane or offensive;
- infringes or violates another party’s intellectual property rights (such as music, videos, photos or other materials for which you do not have written authority from the owner of such materials to post on the Site);
- violates any party’s right of publicity or right of privacy;
- is threatening, harassing or that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- promotes or encourages violence;
- is inaccurate, false or misleading in any way, or constitutes impersonation of another person;
- is illegal or promotes any illegal activities;
- promotes illegal or unauthorized copying of another person’s copyrighted work or links to them or providing information to circumvent security measures;
- contains “masked” profanity (i.e., F*@&#);
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
- contains any advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
Company is under no obligation to screen or monitor Content, but may review Content from time to time at its sole discretion. Company will make all determinations as to what Content is appropriate in its sole discretion. Company may edit or remove any Content at any time without notice.
NO IDEAS ACCEPTED: Company does not accept any unsolicited ideas from outside the Company including without limitation suggestions about advertising, promotion or merchandising of our products, additions to our product lines, services, or changes in methods of doing business. We may already be working on or may in the future work on a similar idea. This policy eliminates concerns about ownership of such ideas. If, notwithstanding this policy, you submit an unsolicited idea to this Site, you understand and acknowledge that such idea is not submitted in confidence and Company assumes no obligation, expressed or implied, by considering it. You further understand that Company shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to Company. Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, you hereby grant Company an irrevocable, perpetual, world-wide license to use the idea in any manner, in any medium now known or hereafter developed, without compensation to you.
DISCLAIMERS: TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY AND ITS PARENT, SUBSIDIARIES, AFFILIATES, SUPPLIERS, ADVERTISING AND PROMOTIONS AGENCIES, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SUCCESSORS, AGENTS AND ASSIGNS AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE (COLLECTIVELY, “RELEASED PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND THE COMPANY’S PRODUCTS AND SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING AND/OR USAGE OF TRADE. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, COMPLETENESS, APPROPRIATENESS, USEFULNESS, FUNCTIONALITY, RELIABILITY, HARMFULNESS AND/OR LEGALITY OF ANY THIRD PARTY WEBSITES, AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, INACCURACIES AND/OR OMISSIONS OF CONTENT, MATERIALS AND/OR INFORMATION IN AND/OR IN CONNECTION WITH THE WEBSITE, THE COMPANY CONTENT. THE COMPANY SERVICES, THIRD PARTY WEBSITES, (B) ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION PERSONAL INJURY AND/OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, THE COMPANY CONTENT, THE COMPANY SERVICES, THIRD PARTY WEBSITES (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE AND/OR ANY PROVISION OF THE COMPANY SERVICES, AND/OR (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY THIRD PARTY WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR OWN JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY: IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, WHATSOEVER, INCLUDING, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBSITE, THE COMPANY CONTENT, THE COMPANY SERVICES, THIRD PARTY WEBSITES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AND TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY’S TOTAL LIABILITY TO YOU FOR ANY AND ALL CAUSES WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE COMPANY SERVICES DURING THE PERIOD OF 3 MONTHS PRIOR TO ANY CAUSE OF ACTION ARISING.
LINKS: This Site may contain links to other websites or applications not maintained by Company. Other websites or apps may also reference or link to our Site. We encourage you to be aware when you leave our Site and to read the terms and conditions and privacy statements of each and every website or app that you visit. We are not responsible for the practices or the content of such other websites or apps.
CHANGES: All information posted on the Site is subject to change without notice. In addition, these Terms and Conditions may be changed at any time without prior notice. We will make such changes by posting them on the Site. You should check the Site for such changes frequently. Your continued access of the Site after such changes conclusively demonstrates your acceptance of those changes.
INDEMNIFICATION: You agree to indemnify, release, defend and hold harmless Company, and the other Released Parties from and against any and all claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to, any breach by you of any of these Terms and Conditions or applicable law.
SEVERABILITY: If any part of these Terms and Conditions shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms and Conditions, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
WAIVER; REMEDIES: The failure of Company to partially or fully exercise any rights or the waiver of Company of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by Company or be deemed a waiver by Company of any subsequent breach by you of the same or any other term of these Terms and Conditions. The rights and remedies of Company under these Terms and Conditions and any other applicable agreement between you and Company shall be cumulative, and the exercise of any such right or remedy shall not limit Company’s right to exercise any other right or remedy.
RESOLUTION OF DISPUTES/ARBITRATION: These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New York including its conflicts of law rules. While we will make every reasonable effort to resolve any disagreements you may have with us, if these efforts fail you agree that all claims, disputes or controversies against Sponsor or the other Released Parties arising out of these Terms and Conditions, or the Site (collectively, “Claims”) are subject to fixed and binding arbitration, no matter what legal theory they are based on or what remedy (damages, or injunctive or declaratory relief) they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third-party claims, interpleaders or otherwise; and Claims made independently or with other claims. YOU UNDERSTAND AND AGREE THAT YOU ARE AGREEING TO ARBITRATE ALL CLAIMS, AND YOU ARE WAIVING YOUR RIGHT TO RESOLVE ANY CLAIMS BEFORE A JUDGE AND JURY IN A COURT OF LAW. In addition, you agree that any and all Claims will be arbitrated on an individual basis, not as a plaintiff, class representative, member of a putative class, or otherwise on behalf of others in any proposed class, collective, consolidated or representative proceeding, and the arbitrator may award relief only on an individual (non-class, non-representative) basis. Notwithstanding the foregoing, this provision shall not prevent you from seeking or the Arbitrator from awarding statutory injunctive relief in your favor solely on the grounds that such relief would also have an effect on the general public.
The arbitration shall be administered by JAMS or its successor or, if no longer in existence, another nationally-recognized administrator, and conducted in accordance with its comprehensive arbitration rules then in effect (the “Rules”). Those procedures and rules may limit the discovery available to you or us. The seat of the Arbitration shall be in New York City, New York. The Arbitration shall be conducted as expeditiously and economically as reasonably practicable. Payment of all filing, administration, arbitrator and/or mediator fees (“Fees”) will be governed by JAMS rules.
A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least fifteen (15) years’ experience or a retired or former judge, selected in accordance with JAMS rules. If all parties to the Dispute do not agree upon the Arbitrator within twenty (20) days after commencement of the Arbitration, then the Arbitrator shall be appointed by the administrator pursuant to the Rules. The arbitrator will take reasonable steps to protect your account information and other confidential information if requested to do so by you or us. The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the Dispute and the factual findings and legal conclusions relevant to it (the “Award”). The arbitrator’s Award is final and binding on the parties unless we or you appeal it in writing to the arbitration firm within fifteen (15) days of notice of the Award. Any Claim or you have with respect to use of the Site must be commenced within one (1) year after the claim arises.
Contact Us: Should you have any questions regarding these Terms and Conditions you may contact us at firstname.lastname@example.org.
These Terms and Conditions are effective and were updated December 9, 2019