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Terms and Conditions of Sales

 


BEAUTEOUS

Terms and Conditions of Sales

 

  • PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE BUYING PRODUCTS FROM BEAUTEOUS.  

 

  • THIS DOCUMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, INCLUDING THE USE OF ARBITRATION INSTEAD OF JURY TRIALS IN DISPUTES, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT APPLY TO YOU.

 

  • BY PLACING AN ORDER FOR PRODUCTS FROM OUR WEBSITES, IN OUR STORES, OR OTHERWISE FROM US YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. THIS AGREEMENT APPLIES TO YOUR PURCHASE

 

  • YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM US IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE, OR (C) ARE OTHERWISE PROHIBITED FROM AGREEING TO THESE TERMS UNDER APPLICABLE LAW.

These terms and conditions (“Terms”) apply to the purchase and sale of any and all products from BEAUTEOUS, LLC (“BEAUTEOUS”) whether through beauteousactivewear.com and any subdomains, embedded sites, and other sites that belong to BEAUTEOUS (collectively, the “Site”), through any our store(s) (“Stores”), including stores and/or websites where we do business under other tradenames, brands, and/or DBAs, such as BEAUTEOUS ACTIVEWEAR, LE BEAU, or any other brand we may from time-to-time employ.

 

These Terms are subject to change by BEAUTEOUS (which is also referred to as “us”, “we”, or “our” as the context may allow) without prior written notice at any time, in our sole discretion.

 

The latest version of these Terms will be posted on the Site, and you should review these Terms before purchasing any product(s) that is(are) available through this Site, our Stores, or otherwise from us. Your continued purchases from us after a posted change in these Terms will constitute your acceptance of and agreement to such changes.

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You should also carefully review our Privacy Policy before placing an order for products or services from us.

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2.  Order Acceptance and Cancellation.

 

(a)     You agree that your order is an offer to buy, under these Terms, all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Fulfillment of all orders through our Site or otherwise is subject to availability, compliance with applicable law, and exercise of our discretion. We may investigate orders at our sole discretion.

 

(b)    Acceptance of your order and the formation of the contract of sale between BEAUTEOUS and you will not take place unless and until you have received your order confirmation email. You have the option to cancel your order at any time before we have sent your order confirmation email by calling us at the telephone number on our Site.

                                                                                                                                      

 

3.  Prices and Payment Terms.

 

(a)     All prices posted on our Sites, in our Stores, or in any related advertising, applications, and the like are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for clear typographical errors in any offer by us and we reserve the right to cancel any orders arising from such errors. All offers/promotions are one time only and not available in conjunction with any other offer. Offers/Promotions are applicable at time of purchase only. Gifts with purchase are subject to availability. Subject to any rights you may have by law, they cannot be exchanged or refunded and a warranty does not apply. Gifts with purchase cannot be redeemed for cash and are only available at time of purchase.

 

(b)    Terms of payment we accept are within our sole discretion. We accept most major credit cards, but reserve the right to refuse any type of credit card or other form of payment. Please check our Site and our Stores for currently approved credit cards or contact us if there is a question whether a form of payment is acceptable. Unless we specify otherwise in writing payment must be received by us before our acceptance of an order. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes and shipping and handling charges, if any.

                                                                                                                                      

4.  Shipments; Delivery; Title and Risk of Loss.

 

(a)     When a product order is placed for delivery from our Site, in our Store, or otherwise from us, it will be shipped to the address designated by you, as long as such shipping address is compliant with our then current shipping practices (for example, we may limit shipping to the continental United States only) (contact us to discuss where we ship). Please also check the individual product description, page, advertisement, or similar information provided by us in connection with the product for specific delivery options and other applicable limitations or terms.

 

(b)    It is your responsibility to ensure that the correct shipping details have been entered at the time of order. Once the order has been processed through the checkout process we are unable to amend orders. You may, however, cancel any order for non-customized products made through our Site or by phone free of charge and without giving us any reason, provided the product has not yet been shipped.

 

(c)     Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

 

(d)    Unless otherwise clearly specified for us on our Site or in our Stores in connection with a particular product or promotion, you will pay all shipping and handling charges specified during the ordering process as part of your total payment.

 

(e)     Title and risk of loss for any products you purchase from us for delivery pass to you upon delivery of the product to the address you provided to us in the ordering process. We are not responsible for any damage to products that occur after delivery to the specified address.

                                                                                                                                      

5.  Returns and Refunds.

 

(a)     We will accept a return of most products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within 14 days days of in-Store purchase or delivery and provided the receipt for your purchase can be produced, the original labelling is intact, and the items are returned in their original condition. In the interest of hygiene and due to health regulations, we cannot accept returns or exchanges on intimates (such as swimwear, bodysuits, or undergarments) at any time unless the garment is considered faulty. Note: this 14 day period is inclusive of any shipping time required to return the products to us. We will have no obligation to accept returns delivered to us more than 14 days after delivery or transfer to you.

 

(b)    A distinction should always be made between returns which are made because the product and returns of non-defective products simply because you decided that you not want the product once it arrived. If your order arrives in a damaged condition, save the merchandise AND the original box and packing it arrived in, and notify us immediately to arrange for a carrier inspection and a pick-up of the damaged merchandise.

 

(c)     To return products, you must contact our Returns Department using the current contact information provided on our Site to obtain a Return Merchandise Authorization (”RMA”) number before shipping your product. No returns of any type will be accepted without an RMA number.

 

(d)    YOU ARE RESPONSIBLE FOR ANY PRODUCTS YOU PURCHASED AND INTEND TO RETURN UNTIL WE RECEIVE THEM. We typically will provide return labels with any shipped products that can be used for returns. If we have not provided a return label please contact us using the current contact information on our Site so we may arrange for the return shipping.

 

(e)     THE RETURN POLICY SET FORTH IN THIS SECTION IS NOT A WARRANTY.

 

NOTE: Seller will not accept return of any products you purchased from a reseller.

 

(f)      All returns, regardless of how purchase was made, are for re-purchase credit only. Re-purchase credit can be applied toward any future purchases from our Site or Store.

                                                                                                                                      

 

6.  WARRANTIES ON PRODUCTS WE SELL.

 

ANY WARRANTY APPLICABLE TO PRODUCTS WE SELL IS PROVIDED BY THE ORIGINAL MANUFACTURER. ANY DEFECTS IN PRODUCTS PURCHASED FROM US THAT ARE COVERED BY A WARRANTY SHOULD BE DIRECTED TO THE PRODUCT MANFACTURER. WE MAKE THE PRODUCTS AVAILABLE IN OUR STORES AND ON OUR SITE AVAILABE ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO WARRANTY THAT ANY PRODUCT WE SELL WILL MEET YOUR SPECIFIC REQUIREMENTS, WILL OPERATE IN ANY PARTICULAR MANNER, OR WILL BE FREE OF DEFECTS IN MANUFACTURING.

 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES MAY NOT BE PERMISSIBLE UNDER APPLICABLE LAW. WE FURTHER HEREBY LIMIT THE DURATION AND REMEDIES OF ALL ACTUAL AND APPLICABLE IMPLIED WARRANTIES REQUIRED BY LAW THAT APPLY TO US, IF ANY, TO THE SHORTEST POSSIBLE PERIOD PERMITTED BY LAW. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

WE ALSO WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ATTRIBUTABLE TO YOUR USE OF ANY PRODUCT PURCHASED FROM US, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF WORK, BUSINESS, GOODWILL, REPUTATION, REVENUE, OR PROFIT, OR ANY DIMINUTION IN VALUE. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY PRODUCTS YOU PURCHASE THROUGH DUE TO GROSS NEGLIGENCE, OR INTENTIONAL, WILLFUL, RECKLESS OR MALICIOUS MISCONDUCT, OR FRAUD. SOME STATES DO NOT ALLOW OR RESTRICT LIMITATIONS ON LIABILITY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.

 

THESE DISCLAIMERS DO NOT IMPACT ANY WARRANTIES OFFERED BY MANUFACTURER’S OF THE PRODUCTS WE SELL. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

 

 

 

 

 

 

                                                                                                                                      

9.  Privacy.

 

We respect our customers’ privacy and will take appropriate steps to keep your personal information confidential. Our Privacy Policy, which is available through our Site, governs the processing of all personal data collected from you in connection with your purchase of products.

                                                                                                                                      

10.  Events Outside Our Control.

 

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

                                                                                                                                      

11.  Governing Law and Jurisdiction.

 

All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of North Dakota without giving effect to any choice or conflict of law provision or rule (whether of the State of North Dakota or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of North Dakoka.

                                                                                                                                      

12.  Dispute Resolution and Binding Arbitration.

 

YOU AND BEAUTEOUS ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

 

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

 

The arbitration will be administered by the American Arbitration Association (”AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

 

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

 

The arbitration shall be held at any reasonable location near your residence by submission of documents, by telephone, online or in person whichever method of presentation you choose. If you prevail in the arbitration of any dispute with us we will reimburse you for any fees you paid to the AAA in connection with the arbitration.

 

You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU, NOR WE, WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

 

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

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13.  Assignment.

 

You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 13 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

 

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14.  No Waivers.

 

The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of BEAUTEOUS.

                                                                                                                                      

15.  No Third Party Beneficiaries.

 

These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

 

                                                                                                                                      

 

17.  Severability.

 

If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

                                                                                                                                      

18.  Entire Agreement.

 

[T]hese Terms, along with our Store Policy/Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.

                                                                                                                                      

[end of Agreement]