TERMS AND CONDITIONS
These Terms and Conditions are the official terms of use for Benefit’s website at www.benefitcosmetics.com (“Benefit’s Website”), at m.benefitcosmetics.com (“Benefit’s mobile Website”), and on Benefit’s applications (including Benefit’s microsites, social media sites, such as Facebook and Twitter, and Ratings & Reviews and Ask & Answer) (“Benefit’s Applications”), (collectively, the “Sites”). The content and services available on the Sites are provided to you by Benefit Cosmetics LLC (“Benefit”, “us”, “our”, “we”) subject to the following terms and conditions. Please also review our Privacy Policy, Community Guidelines and the other terms and policies you may find throughout our Sites in connection with certain functionality, ordering information or promotions. By accessing or using the Sites, you are acknowledging that you have read, understand, and agree to be bound by these Terms and Conditions, and the other guidelines, policies and terms posted on the Sites.Benefit reserves the right to update or modify these Terms and Conditions at any time. When changes are made, we will make the revised version available on this webpage, and will update the “Last Updated” date, copied below. For this reason, we encourage you to review these Terms and Conditions whenever you purchase products from Benefit or otherwise use the Sites. By using these Sites, you agree to be bound by the Terms and Conditions posted on the Sites at the time of your access. Please note the arbitration provision set forth below, requiring you to arbitrate any claims you may have against Benefit. ARBITRATION MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS.
Binding Contract
These Terms and Conditions form a legally binding contract between you and us. By using our Sites, you affirm that you are at least 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, representations and responsibilities set forth in these Terms and Conditions, and to abide and comply with these Terms and Conditions.Intellectual Property
Everything on or used in connection with our Sites, including but not limited to Benefit’s name and logo, product images and descriptions, Site design, the look and feel of the Sites, text, graphics, button icons, images, audio clips, page headers, trademarks, content, the selection and arrangement thereof, and all software belongs to or is licensed to Benefit, and is protected by U.S. and international laws, including laws governing copyrights and trademarks. Permission is granted to electronically copy and to print in hard copy portions of the Sites for purposes of placing an order with Benefit or for non-commercial uses. Any other use of the materials on the Sites - including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance - without the prior written permission of Benefit is strictly prohibited. Use of any materials on the Sites in connection with any product or service that is not offered by Benefit in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Benefit, is also prohibited.You may not use any data mining, robots, or similar data gathering and extraction tools on the Sites or frame any portion of the Sites. You may not circumvent any mechanisms included in the Sites for preventing the unauthorized reproduction or distribution of the content or materials contained on the Sites.
Inaccuracy Disclaimer
From time to time there may be information on the Sites that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Benefit reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).While we make reasonable efforts to ensure the information provided on the Sites is accurate, we make no warranties about the accuracy and reliability of the information, data or content on the Site. The content on the Site is provided for informational purposes only. We shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Sites. The information contained on the Sites may be compiled from a variety of sources. See the “Disclaimer” Section below for more details.
Proper Use of the Sites
You agree that you will use the Sites in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States export control laws. Violation of any of the foregoing may result in immediate termination of these Terms and Conditions and may subject you to state and federal penalties and other legal consequences. We reserve the right, but shall have no obligation, to investigate your use of the Sites in order to (a) determine whether a violation of these Terms and Conditions has occurred or (b) comply with any applicable law, regulation, legal process or governmental request.You may not use the Sites in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Sites. You may not attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these terms.
Certain parts of the Sites may require a password to enter. You agree that you are responsible for all acts or omissions that occur on your account while your password is being used. If you believe someone has used your password or account without your authorization, you must notify us immediately. We reserve the right to access and disclose any information, including, without limitation, user names of accounts and other information, to comply with applicable laws and lawful government requests.
Third Party
Benefit may from time to time provide links to other websites or applications (collectively, "Third Party Websites") as a service to those interested in this information. Links to Third Party Websites may also be posted by third parties on Benefit’s Applications. Benefit does not monitor, approve or have any control over any content located on Third Party Websites. The inclusion of any links to Third Party Websites does not imply any association or relationship between Benefit and the Third Party Website, and Benefit does not guarantee, endorse or adopt the accuracy or completeness of content on any Third Party Website. Benefit is not responsible for updating or reviewing content on Third Party Websites. You use Third Party Websites at your own risk. Links to Third Party Websites do not imply legal authority to use any protected rights of others reflected in the links. If you use any of these links, you will leave the Sites.Certain functionality on the Sites may permit interactions that you initiate between the Sites and a third party web site or service ("social features") if you choose to use social features, information you post or provide access to may be publicly displayed on the Sites or by the provider of the social feature that you use. Similarly, if you post information on a third party platform that references the site (e.g., by using a hashtag associated with Benefit in a tweet or status update), your post may be published on our Sites in accordance with the terms of the third party web site or service. Also, both Benefit and the third party may have access to certain information about you and your use of the site and the third party site or service. In addition, we may receive information about you if other users of a third party web site give us access to their profiles and you are one of their "connections," or information about you is otherwise accessible through your "connection's" web page, profile page, or similar page on a social networking or other third party web site or interactive service. The information we collect in connection with social features is subject to Benefit’s Privacy Policy. The information collected and stored by the third party remains subject to the third party's privacy practices, including whether the third party continues to share information with us, the types of information shared, and your choices with regard to what is visible to others on that third party web site or service.
Use of Products and Services
The products and services available on the Sites, including any samples Benefit may provide to you, are for personal use only. All material and information presented by Benefit is intended to be used for personal educational or informational purposes only. The statements made about products have not been evaluated by the U.S. Food and Drug Administration and the results reported, if any, may not necessarily occur in all individuals. The statements and products are not intended to diagnose, treat, cure or prevent any condition or disease. All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions.Use of the Sites is not meant to serve as a substitute for professional medical advice: these Sites are solely online stores for specialty beauty products. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Sites before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. Benefit does not give or intend to give any answers to medical related questions and these Sites do not replace any medical professional or medical resource. Benefit does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Sites.
You may not sell or resell any of products or services you purchase or otherwise receive from Benefit. Benefit reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you where Benefit, in its sole discretion, believes may result in the violation of these Terms and Conditions.
California's Proposition 65 entitles California consumers to special warnings for products that contain chemicals known to the state of California to cause cancer and birth defects or other reproductive harm if those products expose consumers to such chemicals above certain threshold levels. We care about our customers' safety and hope that the information below helps with your buying decisions.
We are providing the following warning for products linked to this page:
WARNING: This product contains chemicals known to the State of California to cause cancer and birth defects or other reproductive harm.
Color Information
While Benefit has tried to accurately display the colors of products, the actual colors you see will depend on the device you are using to view the product and may not be accurate.Refund Policy
For purchases made on Benefit’s Website, review the terms here.For purchases made at Benefit Cosmetics boutiques, we exchange, or issue credit, for up to 30 days with valid proof of purchase. For a cash refund, original cash receipt is required and for refunds on a check it must be 10 days after purchase and posting. Returns after the 30 day period will be exchange only. Returns are not accepted after 45 days. Promotional and discounted purchases made at Benefit Cosmetics boutiques are eligible for exchange only and must be returned within 30 days of purchase, with valid receipt. Exchange value will be equal to original purchase price.
For purchases made at Benefit Cosmetics counters, consult the retailer’s return policy.
Mobile Services
If you access the Sites via your mobile phone, we do not currently charge for this access. Please be aware that your carrier's normal rates and fees, such as text messaging fees or data charges, will still apply.Disclaimer
BENEFIT IS PROVIDING THE SITES AND THEIR CONTENTS ON AN "AS-IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SITES, THE INFORMATION, OR CONTENT INCLUDED ON THE SITES. TO THE FULLEST EXTENT PERMITTED BY LAW, BENEFIT DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, BENEFIT DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITES IS ACCURATE, COMPLETE OR CURRENT. BENEFIT WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITES.Limitation of Liability
EXCEPT AS PROVIDED IN THE DISCLAIMER SECTION ABOVE, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH US RELATING TO THE USE OF THE SITES IS TO DISCONTINUE YOUR USE OF THE SITES. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR AGENTS, AFFILIATES, SUBSIDIARIES AND REPRESENTATIVES FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SITES EXCEED THE TOTAL AMOUNT OF FEES THAT YOU PAID US DURING A ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE OR THE COST OF THE PRODUCT AT ISSUE.WE, OUR AGENTS, AFFILIATES, SUBSIDIARIES AND REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SITES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES AND AFFILIATES, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION IS ENFORCEABLE IN NEW JERSEY.
WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, INFORMATION, ADVICE OR STATEMENT ON THE SITES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITES. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT ON THE SITES.
User Content
Users of our Sites have the opportunity to post certain content on our Sites, such as comments on reviews on our Ratings & Reviews features and questions and answers on our Ask & Answer service (“User Generated Content”). All User Generated Content must comply with the Community Guidelines. The Community Guidelines is a binding part of these Terms and Conditions. Therefore, please ensure you read the Community Guidelines carefully when viewing the Sites.Copyright Policy
If you believe your work has been copied in a way that constitutes copyright infringement, please provide Benefit’s designated copyright agent (listed below) with the following written information in accordance with the Digital Millennium Copyright Act (17 U.S.C. 512 et seq.): 1. A physical or electronic signature of the person authorized to act on behalf of the copyright owner; 2. A description of the copyrighted work claimed to have been infringed; 3. A description of the material that you claim is infringing, and where it is located on the Sites; 4. Your address, telephone number, and email address; 5. A statement by you that you in good faith believe that the disputed use is not authorized by the copyright owner, its agent, or the law; 6. A statement that you consent to the jurisdiction of the United States District Court for the judicial district pertaining to your address, if your address is outside of the United States, for any judicial district in which Benefit is located, and that you will accept service of process from the person who provided notification or an agent of such person; and 7. A statement by you, made under penalty of perjury, that the above information is accurate, and that you are authorized to act on behalf of the copyright owner.If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from you, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
- Legal Department
- Benefit Cosmetics LLC
- 595 Market Street, 28th Floor
- San Francisco, CA 94105
- Email: legal@benefitcosmetics.com
Indemnification
You agree to defend, indemnify and hold harmless Benefit (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages of every kind and nature, known and unknown, including reasonable legal fees, arising out of (a) your violation of any term of these Terms and Conditions; (b) a breach of these Terms and Conditions; (c) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (d) any claim that any content that you submitted to the Sites caused damage to a third party. This indemnification obligation will survive the termination of these Terms and Conditions and your use of the Sites.Governing Law and Jurisdiction
These Terms and Conditions and all questions relating to the performance, interpretation, breach or enforcement of these Terms and Conditions, or the rights, obligations and liabilities of you and us under them are governed by the laws of the State of California.Arbitration / No Class Actions
You agree that exclusive jurisdiction for any dispute, claim, or demand related in any way to the Sites will be decided by binding arbitration. ARBITRATION MEANS THAT YOU WILL NOT HAVE THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS. Rights to the prehearing exchange of information and other discovery, as well as appeal rights, may be more limited than were you to sue in court. All disputes between you and Benefit of any kind or nature arising out of your use or enjoyment of the Sites, shall be submitted to Judicial Arbitration and Mediation Services, Inc. (“JAMS”) for binding arbitration under its rules then in effect in the State of California, before one arbitrator to be mutually agreed upon by both parties and selected pursuant to the JAMS rules. It is further agreed that any disputes as to whether the scope of this arbitration provisions covers the claim will be submitted to the arbitrator, and not a court, for decision. The parties agree to share equally in the arbitration costs incurred.ANY ARBITRATION SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. It is expressly understood and agreed that you are waiving any right you have to sue on behalf of a class or in a representative capacity for other persons. This means:
- Neither you nor Benefit can bring a claim as a plaintiff or class member in a class action, consolidated action or representative action.
- The arbitrator cannot combine more than one person’s claim into a single case, and cannot preside over any consolidated, class or representative arbitration proceeding (unless we both agree to change this).
- The arbitrator’s decision or award in one person’s case can only impact the person who brought the claim, not other Benefit customers, and cannot be used to decide other disputes with other customers.
International Visitors and Shipping
We make no representation that materials contained on the Sites or products described or offered on the Sites are appropriate or available for use in jurisdictions outside the United States, or that these Terms and Conditions comply with the laws of any other country. Visitors who use the Sites and reside outside the United States do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access the Sites from any territory where its contents are illegal, and that you, and not Benefit are responsible for compliance with applicable local laws. International orders may be subject to import taxes, customs duties and fees levied by your country’s customs department upon arrival. When ordering from BenefitCosmetics.com, the recipient of the shipment is the importer of record and is responsible for any of these import fees, as well as complying with all laws and regulations of the destination country. Benefit Cosmetics does not collect duties and taxes, and as smart as we are, we cannot predict what your particular charges may be. Customs policies vary widely from country to country, so please contact your local customs office for more information.
Fraud Protection Program
As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. Benefit reserves the right to refuse to process an order or refund due to suspected fraud or unauthorized or illegal activity. If such is the case, Benefit may reject your order or our Customer Service department may call you at the phone number you provided to confirm your order. We also reserve the right to cancel any accounts, refuse to ship to certain addresses, or withhold refunds or concessions due to suspected fraud or unauthorized or illegal activity. Benefit takes these measures to protect Benefit's customers as well as Benefit from fraud or other unauthorized or illegal activity.No Reseller Activity
The products and services available on the Sites, including any samples Benefit may provide to you, are for personal use only. You may not sell or resell any of the products or services you purchase or otherwise receive from Benefit. We reserve the right, with or without notice, to cancel or reduce the quantity of any order or withhold refunds or concessions, in our sole discretion, to those individuals we believe may be engaged in suspicious reseller activity or are otherwise violating these Terms and Conditions. Among other things, we may suspect reseller activity based on factors such as order frequency, amount and quantity.Comments, Feedback and Other Submissions
Benefit welcomes your comments and feedback regarding the Sites, and Benefit products and services. Any information, materials, suggestions, ideas or comments sent to Benefit will not be treated as confidential, proprietary or trade secret information and, by submitting such information, you are granting Benefit an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such information for any purpose whatsoever. Unless required by law, Benefit will not use your full name in connection with any such information, materials, suggestions, ideas or comments without your prior written consent.No Waiver
The failure of Benefit to insist upon strict adherence to any term of these Terms and Conditions shall not constitute a waiver of such term. Further, it shall not impact Benefit’s ability to enforce any other provision in these Terms and Conditions. You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of the Sites or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose, or will be forever barred.No Practice of Medicine
This Web site is not engaged in the practice of medicine. Any information and advice on the Web site is given on a generalized, generic basis, and is not specific to any individual patient’s condition. Use of this Web site is helpful in making you informed about the use of lasers for aesthetic purposes, and use of this site does not create a care provider-patient relationship. On-line health services and health information cannot replace a health professional-patient relationship, and you should always consult with a professional for diagnosis and treatment of any specific health problems. You should not disregard any advice or treatment from your health professional based on your interpretation of what you may read on this Web site. Through the use of third party vendors, clients have the option to schedule appointments that may request personal information. In order to complete the scheduling, you may be requested to complete certain information, such as name, telephone number and e-mail address. In addition, you may be asked during scheduling to tell us about aesthetic procedures that you are interested in. We may use your scheduling information to send you an e-mail confirming your registration with our site, to respond to questions from you, or to notify you if there is a problem with any scheduling made. We may also, from time to time, send e-mails, with your permission, on special promotions or newsletters we think may be of interest to you. Upon registering any of your information, please keep all of your information confidential and in a secure place. You will be responsible and liable for any and all activities that occur under your account.Severability
If any provision of these Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected.Effective Date: 4/9/2014
Last Updated: 10/31/2018