Last Updated: 10/15/18

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 and conditions, the Privacy Policy, the Cookie Policy, the User Generated Content Policy,  and the (collectively, the “Terms”). If you do not agree with these Terms, you may not use the Service.

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.

GENERAL PROVISIONS

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 hereby warrant that they will review these terms for changes, and if any occur, that they will be amenable thereto until you reach age 18, at which point you hereby 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 hereby agrees to our User Generated Content Policy.

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.

BH Cosmetics may utilize various skilled third-parties (“Service Providers”) to provide technical or other services relating to all or part of our fulfillment of the Service, and you hereby agree that such involvement by these Service Providers is acceptable.  Please see our Privacy Policy to understand the extent to which any third-party may have access to any customer information.

PRODUCT DESCRIPTIONS

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 support@bhcosmetics.com 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. 

PRODUCT AVAILABILITY

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.

TRANSACTIONS

You agree to pay for your purchases, and you authorize us to charge your debit or credit card or process other means of payment (such as Paypal) for those purchases.  BH Cosmetics works with third party payment processing partners to offer you the most convenient payment methods in your country and to keep your payment information secure.  You can review our Privacy Policy for more details.

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.

EXCHANGE RATES

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 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

If any item in a customer's order is missing, incorrect, or damaged during shipping, BH Cosmetics will replace it with the same product that was originally purchased. To receive a replacement, customers must submit this form.

We accept returns up to 14 days after the date of delivery. We do not provide return labels for returns. The cost of shipping on return items is at your expense. However, if you choose to return your entire order, we will refund the original shipping cost. Refunds are issued within 2-7 business days after receipt of the return package.

We honor exchanges up to 14 days after the date of delivery. Cost of shipping on return items is at your expense.

HOW TO COMPLETE YOUR RETURN/EXCHANGE

Please complete this form and submit with your return package to the following address:

BH Cosmetics, LLC
Attn: Returns Processing
8137 Lankershim Blvd.
North Hollywood, CA 91605

PROMOTIONS

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.

ELECTRONIC COMMUNICATIONS

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.

COPYRIGHT

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.

TRADEMARKS

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 of Use, 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).

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 or be error-free. 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. 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.  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.

INDEMNITY

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.

NOTICES

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, 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 support@bhcosmetics.com 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 support@bhcosmetics.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 of Use will have the broadest meaning possible. It applies to any dispute, action, or other controversy between you and us relating to the Service, the Services, the Terms of Use (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.

Costs

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 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.     

SITE MODIFICATIONS

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.

TERMINATION

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 litigated in the State of California. Any disputes, actions, claims or causes of action arising out of or in connection with these Terms of Use or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in 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.

GENERAL

These Terms of Use (together with the Privacy Policy) represent the parties’ entire understanding relating to the use of the Service and supersedes any prior or contemporaneous, conflicting or additional, communications.  BH Cosmetics reserve the right to change these Terms or policies relating to the Service at any time and from time to time, and such changes will be effective upon being posted herein. You should visit this page from time to time to review the then current Terms because they are binding on you.  Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages of the Service, which may be posted from time to time.  Your continued use of the Service after any such changes and/or postings shall constitute your consent to such changes.  If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect.

You may not assign these Terms of Use 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.

CONTACT US

If you have any questions about these Terms of Use, please contact us at support@bhcosmetics.com.