Terms & Conditions
Last Updated: 12/4/19
Welcome to the BH Cosmetics, LLC (“BH Cosmetics” or “we” or “us”) website hosted at
bhcosmetics.com and other affiliated websites, mobile phone applications, and social media
sites (together, collectively, the “Service”). Please review the following terms and conditions
concerning your use of and access to the Service. By accessing, using and/or downloading
any materials or content from the Service, you agree to follow and be bound by these terms
Notice of arbitration agreement and class action waiver: This agreement includes a binding arbitration clause and a class action waiver, set forth below, which affect your rights about resolving any dispute with BH Cosmetics. Please read it carefully.
RESALE IS NOT PERMITTED.
We maintain the Service for your noncommercial personal use. Your use of the Service for any other purpose is permissible only with our prior written consent. Without limiting the foregoing, you may not: (1) use the Service in a commercial manner, including by distributing, transmitting or publishing the Service or any of its content; (2) interfere with others’ use of the Service; (3) impersonate another person while using the Service; (4) impair the Service’s operation or interfere with or disrupt the servers or networks connected to it; (5) interfere with our intellectual property rights; (6) frame or otherwise co-brand the Service or any of its content; (7) deep-link to any portion of the Service; or (8) use the Service for any illegal purpose. We reserve the right in our sole discretion to terminate or restrict your use of the Service, without notice, for any or no reason, and without liability to you or any third party. In such an event, we may inform your Internet service provider of your activities and take appropriate legal action.
USE OF SERVICE
You may use the Service only in accordance with and subject to these Terms if you are at least 18 years old. You are ineligible to use this Website if you are under the age of 13. If you are under the age of 18, you must have your parent or legal guardian make any purchases, set up your account, and have them agree to these Terms. If you are under the age of 18, your parent or legal guardian’s consent to these terms is ongoing and they warrant that they will review these Terms for changes, and if any occur, that they will be amenable to those changes until you reach age 18, at which point you give your consent to these Terms. Furthermore, to the extent any user under the age of 18 provides comments, feedback, information, photographs, images, and data submitted to BH Cosmetics through, in association with or in regard to the Service and/or any other BH Cosmetics goods or services ("Submissions"), their parent or legal guardian agrees to our User Generated Content Policy.
You must ensure that any persons who access our website on your computer(s) or
device(s), or who are permitted or able to access our website on your computer(s) or
device(s), or who use your internet connection, are aware of these Terms, and that such persons also agree to be bound by and to comply with these Terms. If for any reason
whatsoever, such persons do not agree to these Terms or do not wish to be bound by them,
they must not access or use our website, and you must not permit them to do so.
In order to order any product from us, you must provide certain information to complete a purchase and/or establish an account. It is your obligation to ensure that all of the information, data and other materials you provide us in connection with the Service is true, accurate, current and complete. You are responsible for maintaining the confidentiality of your account and password. You are responsible for all activities that occur under your account or password, whether or not you know about or authorize them. You agree to immediately notify us in the event of any unauthorized use of your account or other breach of security. Use of the Service is void where prohibited by law.
Any conduct by a person that in our sole discretion restricts or inhibits any other person
from using or enjoying the Service is prohibited. You agree to use the Service only for lawful
purposes and in accordance with that prohibition. You agree that you will not post
Submissions, or transmit through the Service any Submissions, that contain any unlawful,
harmful, threatening, abusive, harassing, bullying, defamatory, vulgar, obscene, sexually
explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind,
including, but not limited to, any material that encourages conduct that would constitute a
criminal offense, give rise to civil liability or otherwise violate any applicable local, state,
national, or international law.
BH Cosmetics uses reasonable efforts to display the products listed for sale via the Service as accurately as possible. However, BH Cosmetics does not warrant that product descriptions or other content are accurate, complete, reliable, current or error-free, as we rely upon our vendor partners to provide information regarding their products. If a product offered by BH Cosmetics is not as described, please contact us at your earliest opportunity at firstname.lastname@example.org and we will endeavor to find an acceptable solution. However, your sole remedy if we cannot find a solution is to return the product in accordance with our Terms.
All offered products on the BH Cosmetics website are subject to availability. BH Cosmetics reserves the right to change the items offered via the Service at any time and without notice. The Service may contain information about the availability of products at the time of ordering, but the quantity of inventory actually available can change significantly and without notice. If a product is not available for shipping promptly after you place your order, you will be notified, and you may choose to order a different item that is then-currently available, to wait until the product is available (if it will be available again in a timely manner) or to cancel your order. BH Cosmetics is not liable if products are not in stock or otherwise not available.
All transactions made through the Service are subject to our acceptance, which is at our sole discretion. Without limitation, this means that we may refuse to accept or may cancel any reservation or transaction, whether or not the reservation or transaction has been confirmed, for any or no reason, at our sole discretion, and without liability to you or any third party.
All prices and amounts shown on bhcosmetics.com are listed and transacted in U.S. dollars (USD). Many factors contribute to the exchange rate of your local currency versus the U.S. dollar. Your financial institution will convert all charges to your local currency based on the exchange rate either when the order is placed or when your institution processes the transaction. BH Cosmetics has no control or influence over this rate or process. If you have any further questions regarding exchange rates, please contact your financial institution.
CUSTOMS & IMPORT FEES
Customs and import fees may apply to international orders. These fees fluctuate based on country and order value. The customer is responsible for all customs and/or import fees. Customs and import fees may be due upon delivery. BH Cosmetics cannot lower the invoice value or send the order as a gift. This is a universal policy.
CANCELLATION & ORDER MODIFICATION POLICY
BH Cosmetics doesn't accept canceled orders. Once your order has been submitted, it is immediately sent to our Distribution Center to begin processing and expedite order delivery. Since the order process moves very quickly, we are unable to make any cancellations or changes to submitted orders. Please review your order very carefully before submitting it.
RETURNS & EXCHANGES
Due to the accessibly-priced nature of our products, we are unable to offer returns or exchanges. All sales are final. We want to keep our products affordable for everyone, and this helps us do that! In the unlikely event that any item in a customer's order is missing, incorrect, or damaged during shipping, please contact us at email@example.com.
RISK OF LOSS/TITLE
The risk of loss and title for products purchased through our Service passes to the purchaser upon our delivery to the carrier. Replacement of products and credits to your account for shipped merchandise claimed as not received are subject to our investigation. We will adjust your account at our discretion. BH Cosmetics does not take title to returned items until the item arrives at our fulfillment center and is accepted by us as a returnable item after inspection. At our discretion, a refund may be issued without requiring a return. In this situation, BH Cosmetics does not take title to the refunded item.
All offers are valid while supplies last. BH Cosmetics reserves the right to substitute any product at its discretion and the right to limit quantities and discounts without notice. Not valid for bulk orders. Discounts and coupons not valid for gift card purchases. Coupon codes must be applied at of checkout, and may not be applied retroactively to orders that have been processed or shipped. Only one coupon code may be applied per order. Free or discounted shipping offers are only valid to US orders, unless otherwise specified.
By using the Service, you consent to receiving electronic communications and notices from us. You agree that any notice, agreement, disclosure or other communication that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
If you provide a mobile number and indicate your preferences for receiving text messages, we may text you information as part of our services. We do not charge to send or receive text messages as part of our Services. However, messages and data rates may apply. Please consult with your wireless carrier for applicable text messaging fees.
Once your mobile device has been activated, you may reply STOP to opt-out of our messaging service. We may modify or terminate our text messaging services from time to time, for any reason and without notice, including the right to terminate text messaging without notice, without liability to you, any other user or a third party.
You agree to provide a valid mobile phone number for these services. You further agree to indemnify, defend and hold us harmless from and against any and all claims, losses, liability, cost and expenses (including reasonable attorneys’ fees) arising from (i) your provision of a mobile phone number that is not your own, or (ii) your violation of applicable federal, state or local law, regulation or ordinance. Your obligation under this paragraph shall survive termination of the Agreement.
MOBILE SERVICE, INTERNET AND SERVICE FEES
The following section applies to users of BH Cosmetics mobile application ("Application"): The use of the Application requires use of a mobile device and wireless mobile data service, which must be obtained from your wireless carrier, and may require Internet access, which must be obtained from your service provider; you are responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all usage charges related thereto. You may be required to send and receive, at your cost, electronic communications related to the Application, including without limitation, administrative messages, service announcements, diagnostic data reports, and Application updates, from BH Cosmetics, your mobile carrier or third party service providers. If you do not have an unlimited wireless mobile data plan, you may incur additional charges from your wireless service provider in connection with your use of the Application. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the Application, including but not limited to payment of all third party fees associated therewith, including fees for information sent to or through the Application.
The Application may not work with all devices or all mobile carriers. BH Cosmetics makes no representations that the Application will be compatible with or provided by all mobile
carriers. In the event that fees are charged for the Application, or other third party service
providers charge a fee for the products or services they provide, you agree to pay such fee
to the respective party in exchange for your continued use of such products or services.
Some services may be subject to different or additional terms (including fees), to which you
will be required to agree prior to your use of such services.
All copyrightable text, graphics, sound, downloads, software and other material (collectively, the “Content”), the selection, compilation, arrangement and presentation of all materials, and the overall design of the Service are copyrighted by us and protected by law. You may print a copy of the Content on your computer only for your own personal, non-commercial home use, provided that you do not remove any copyright, trademark or other proprietary notices from the Content. Any other use of the Content is strictly prohibited. The Service may also contain content that is owned by third parties. You may use this content only as expressly authorized by the applicable owner.
All of our trademarks, service marks and trade names used on the Service are trademarks or registered trademarks of BH Cosmetics, LLC in the U.S. and/or other countries. Except as otherwise permitted by these Terms, they may not be used without our prior express written permission. All other trademarks that appear on the Service are the property of their respective owners, who may or may not be affiliated with or sponsor or endorse us (and who may or may not be endorsed by us).
GENERAL DISCLAIMER; NO WARRANTY
We make every effort to maintain the accuracy and reliability of the Service, but we do not warrant or represent that it will always function, be error-free, operated uniterrupted, or be free from unauthorized access (including third-party hackers or denial of service attacks). We assume no responsibility or liability for errors or omissions on the Service or for problems with its operation. Your use of the Service is at your own risk.
All materials and information presented by BH Cosmetics are intended to be used for
informational purposes only. The products promoted through the Service, including
cosmetic products, are not intended for use in the diagnosis, cure, mitigation, treatment, or
prevention of disease, and are not intended to affect the structure of or any function of the
human body. The results reported, if any, may not necessarily occur in all individuals.
Please consult with your own physician or health care practitioner regarding any
suggestions and recommendations made at the Site.
Without limiting the foregoing, THE SERVICE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, OR ANY WARRANTIES AS TO THE COMPLETENESS OF THE SERVICE OR ITS CONTENT OR THAT EMAILS OR TEXT MESSAGES SENT FROM BH COSMETICS ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. WE ARE NOT LIABLE FOR ANY DAMAGE THAT YOU COULD HAVE AVOIDED BY APPLYING AN UPDATE OFFERED TO YOU FREE OF CHARGE BY US OR A THIRD- PARTY OR FOR DAMAGE THAT WAS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR TO HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US. Some jurisdictions do not allow the exclusion of certain warranties, so the above may not apply to you.
LIMITATION OF LIABILITY
In no event shall BH Cosmetics, its related companies, or each company’s directors, officers, employees or agents be held liable for any direct, indirect, incidental, special, consequential or punitive damages arising from or in connection with your access, use, or inability to use the site, any information provided by the site, or any transaction entered into via the site.
Some jurisdictions do not allow the exclusion of certain damages, so the above may not apply to you. If any authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest extent permitted by applicable law.
You agree to indemnify and hold us, our related companies and all respective directors, officers, employees and agents harmless from any third-party claim or cause of action, including reasonable attorneys’ fees and costs, arising, directly or indirectly, in whole or in part, out of your access or use of the Service or your violation of any law or the rights of any person.
BH Cosmetics may give notice by means of a general notice on the Service, electronic mail to your e-mail address on record in BH Cosmetic’s account information, by text message to
your mobile phone number on record, or by written communication sent by first class mail or pre-paid post to your address on record in BH Cosmetic’s account information. All notices shall be deemed to have been given four days after mailing or 36 hours after sending by email or posting to the Service.
Furthermore, BH Cosmetic complies with the Digital Millennium Copyright Act (“DMCA”). Any notices given pursuant to the DMCA shall be given to the BH Cosmetic’s designated agent via email at firstname.lastname@example.org or via registered U.S. mail sent return receipt to: DMCA Compliance Agent, BH Cosmetics, Inc., 2801 Burton Ave., Burbank, CA 91504.
You may give notice to BH Cosmetics at any time by letter sent by registered mail with return receipt to: BH Cosmetics, LLC, 2801 Burton Ave., Burbank, CA 91504.
RESOLUTION OF DISPUTES—BINDING ARBITRATION AND CLASS ACTION WAIVER
We offer the following process to help you resolve a complaint or Dispute (as defined below) that you may have with BH Cosmetics or the use of this Service. Please read this section carefully. Our Customer Service Department, which you can reach at email@example.com can help you resolve most of your concerns. If our Customer Service Department is unable to resolve your complaint or Dispute, you agree to take the following steps to resolve any Dispute you may have with us.
Step 1. Notice of Dispute
You must first try to resolve any complaint or Dispute with us through our Notice of Dispute process. You begin by submitting a “Notice of Dispute” with any supporting documents or other information by U.S. Mail to:
BH Cosmetics, LLC
Attn: Notice of Dispute
2801 Burton Ave.
Burbank, CA 91504
A “Notice of Dispute” is a written form in which you provide your name, address, contact information, email address, the facts regarding your Dispute, and the relief you are requesting from us. Once we receive your Notice of Dispute, you and we will attempt to resolve any Dispute through informal negotiation within forty-five (45) days from the date the Notice of Dispute is received by us. If an agreement cannot be reached within forty-five (45) days of receipt of the Notice of Dispute, you or we may initiate an arbitration proceeding or small claims action as described below.
You agree that the term “Dispute” in these Terms will have the broadest meaning possible. It applies to any dispute, action, or other controversy between you and us relating to the Service, BH Cosmetics products or services, the Terms (or any breach thereof) – whether in contract, warranty, tort, laws or regulation. The term also applies to any dispute over the validity, enforceability, or scope of this arbitration provision.
Step 2: Arbitration
If your Dispute is not resolved to your satisfaction within 45 days from when we received your Notice of Dispute, you and we agree to arbitrate all Disputes between us. As explained below, you and we also may also have the right to bring an individual action before a Small Claims Court for certain claims. You agree that arbitration or a small claims action will be your sole and exclusive remedy to resolve any dispute with us. The Federal Arbitration Act applies to this Agreement.
By agreeing to arbitrate, you are giving up the right to litigate (or participate in as a party or class member) any and all Disputes in a court before a judge or jury (except Small Claims Court). Instead, a neutral arbitrator will resolve all Disputes.
To read more about arbitration, visit www.adr.org. The American Arbitration Association (“AAA”) will conduct any arbitration under its Consumer Arbitration Rules in effect at that time. You can review the Consumer Arbitration Rules here. You may begin an arbitration with us by completing a Demand for Arbitration form, available by clicking here. The completed form(s) should be returned directly to the AAA. The AAA will assign someone to manage your case. You will be contacted with instructions for continuing the arbitration process. Be sure to keep a copy of everything you send to the administrator of your arbitration or us. If, for any reason, the AAA is unavailable, the parties shall mutually select another arbitration forum which will be governed by the AAA Consumer Arbitration Rules. The AAA rules will determine whether the arbitration will take place through written submissions by you and us, by telephone, or in person.
Class Action Waiver
Any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. Class arbitrations, class actions, private attorney general actions, consolidation of your Dispute with other arbitrations, or any other proceeding in which either party acts or proposes to act in a representative capacity or as a private attorney general are not permitted and are waived by you, and an arbitrator will have no jurisdiction to hear such claims. If a court or arbitrator finds that the class action waiver in this section is unenforceable as to all or some parts of a Dispute, then the class action waiver will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.
If any other provision of this Dispute resolution section is found to be illegal or unenforceable, that provision will be severed with the remainder of this section remaining in full force and effect.
If you initiate an arbitration with the AAA, we will promptly reimburse you for any standard filing fee you may have been required to pay by the AAA, once you have notified us in writing and provided a copy of the arbitration demand. However, if we are the prevailing party in the arbitration, we will be entitled to seek and recover our attorneys’ fees and costs, subject to the arbitrator’s determination and applicable law.
Small Claims Option
You may also litigate any Dispute in Small Claims Court in the County of Los Angeles, California, if the Dispute meets all requirements to be heard in the small claims court. You can learn more about the Small Claims Court in the County of Los Angeles by clicking here. However, if you initiate a Small Claims case, you are responsible for all your court costs.
Choice of Law and Forum Selection
You agree that the laws of the State of California govern this agreement and any claim or Dispute or issues arising from it, without regard to California’s conflict of laws rules. Unless you and we agree otherwise, in the event that the Agreement to arbitrate above is found not to apply to you or to a particular claim or Dispute as a result of a decision by the arbitrator or a court order, you agree that any Disputes or claims that you may have against us reside in and will be resolved by a state or federal court located in the County of Los Angeles in the State of California and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
USE OF INFORMATION SUBMITTED
You agree that we may use any Submissions, including without limitation any comments, information or ideas contained in any communication you may to us, without compensation or acknowledgment, for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the Service or other products or services. You may obtain more details and information about your responsibilities and obligations regarding your Submissions and how we use and treat user Submissions at our User Generated Content Policy.
We reserve the right, in our discretion, to modify, suspend or discontinue any part of the Service at any time, without notice or liability to you or any third party. We also reserve the right, in our sole discretion, to impose limits on certain features and services.
LINKS TO OTHER SITES
The Service may include links to third-party websites. We do not control and are not responsible for the content or privacy policies of any linked site, and the inclusion of any link on the Service does not imply our endorsement of the linked third-party website and/or the content and materials found at the linked website, except as specifically stated otherwise by BH Cosmetics. It is your responsibility to take precautions to ensure that whatever you select for your use if free of viruses or other items of an intrusive nature.
We reserve the right in our sole discretion to terminate or restrict your use of the Service, without notice, for any or no reason, and without liability to you or any third party.
GOVERNING LAW & EXCLUSIVE VENUE
Use of the Service and any claim relating to BH Cosmetics shall be governed by the laws of the State of California and resolved in the State of California. Any disputes, actions, claims or causes of action arising out of or in connection with these Terms or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in the County of Los Angeles in teh State of California. The choice of law of and exclusive venue in California apply to you regardless of where you are accessing the Service from even if you are accessing the Service from outside of the United States of America.
You may not assign these Terms without the prior written approval of BH Cosmetics. Any purported assignment in violation of this section shall be void. BH Cosmetics reserves the right to use Third Party Providers in the provision of the Service and/or the goods, service and/or Materials associated therewith. In the event of any litigation of any controversy or dispute arising out of or in connection with these Terms, its interpretation, its performance, or the like, the prevailing party shall be awarded reasonable attorneys’ fees and expenses, court costs, and reasonable costs for expert and other witnesses attributable to the prosecution or defense of that controversy or dispute. Any and all rights not expressly granted herein are reserved by BH Cosmetics.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org.