Bare Escentuals Terms of Sale
These Terms of Sale ("Agreement") apply to all purchases made by U.S. and Canadian customers directly from Bare Escentuals, including by internet, phone or mail. By placing an order, you accept and agree to be bound to the terms and conditions of this Agreement.
PLEASE REVIEW THESE TERMS OF SALE CAREFULLY AS THIS DOCUMENT GOVERNS YOUR PURCHASE OF PRODUCTS FROM BARE ESCENTUALS AND CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
Bare Escentuals only accepts orders through this website from addresses within the United States and Canada. At this time we are unable to ship to any international locations outside of the United States or Canada.
To learn about Bare Escentuals return and refund policy, please click here.
Despite our efforts, occasional pricing errors may occur in the Bare Escentuals website and in catalogs. Possession of, or access to, the Bare Escentuals website or any Bare Escentuals catalog does not constitute the right to purchase products featured. Bare Escentuals is not responsible for typographical or pricing errors. Bare Escentuals reserves the right to revise pricing errors in its catalogs or its website and to cancel any order you have placed if there was an error concerning the price or availability of any item you ordered when you placed the order, even if you have received an order confirmation. No Bare Escentuals employee or agent has the authority to vary any of these terms and conditions governing any sale.
Bare Escentuals sells and ships products to end user customers only through our Bare Escentuals website and Customer Service Call Center. You may not purchase for resale. Bare Escentuals reserves the right to refuse or cancel your order if we suspect you are purchasing for resale.
If a dispute should arise between you and Bare Escentuals regarding these Terms of Sale and any purchases you make from Bare Escentuals, we want to provide you with a resolution that is efficient and cost effective by using our customer service team. Almost all customer service disputes can be resolved to the customer’s satisfaction by contacting our customer service by email at _____ or by phone at ______. If your dispute cannot be resolved using our customer service team, the following “Agreement to Arbitrate Disputes” section describes how we shall proceed with the resolution of the dispute.
AGREEMENT TO ARBITRATE DISPUTES
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. ARBITRATION IS A WAIVER OF THE RIGHT TO BRING SUIT IN COURT.
THIS SECTION CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
WE BOTH AGREE TO ARBITRATE: You and Bare Escentuals agree to resolve any claims relating to these Terms of Sale and any purchases you make from Bare Escentuals through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate Bare Escentuals’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances Bare Escentuals may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Bare Escentuals website, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. Thus, you agree that you are waiving your right to sue or go to court to secure relief, and instead agree to the arbitration process as stated in this provision. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
ARBITRATION PROCEDURES: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures. If there is a conflict between JAMS Rules and the rules set forth in this Agreement to Arbitrate, the rules set forth in this Agreement to Arbitrate will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. To initiate arbitration, you or Bare Escentuals must do the following things:
(1) Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.
(2) Send three copies of the Demand for Arbitration, plus the appropriate filing fee to your local JAMS office.
(3) Send one copy of the Demand for Arbitration to the other party.
Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, except that for claims of less than $1,000, you will be obligated to pay $25 and Bare Escentuals will pay all other administrative costs and fees. In addition, for claims of less than $1,000, Bare Escentuals will reimburse you for the $25 fee if the arbitrator rules in your favor. Arbitration under this agreement shall be held in the United States county where you live or work, New York county, or any other location we mutually agree to, subject to New York law. The arbitrator may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Bare Escentuals in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND BARE ESCENTUALS WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
OPT-OUT OF AGREEMENT TO ARBITRATE: You can decline this agreement to arbitrate by emailing Bare Escentuals at email@example.com and providing the requested information as follows: (1) Your Name; (2) the URL of Terms and Conditions and Agreement to Arbitrate Disputes; (3) Your Address; (4) Your Phone Number; (5) and clear statement that you wish to opt out of this arbitration provision in the Terms of Sale. The Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms of Sale by using the Bare Escentuals website or making a purchase, by any means, from Bare Escentuals.
CHOICE OF LAW/FORUM SELECTION.
In any circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, these Terms shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of (i) a state court of competent jurisdiction located in New York County, New York, or (ii) the United State District Court for the Southern District of New York.
Bare Escentuals reserves the right to modify these Terms of Sale at any time.