Introduction
Welcome to the Joyce Bonelli® Cosmetiques online store and web site (the “Site”). This Site is owned and operated by Joyce Bonelli® Cosmetiques (“Joyce Bonelli®“, “we“, “us” and “our“).
Please read these Terms of Use carefully before using this Site so that you are aware of your legal rights and obligations with respect to Joyce Bonelli®, the Site, and any purchases you may make through the Site (the “Terms“). By accessing or using the Site, you expressly acknowledge that you have read and understood these Terms and agree to be bound by them.
These Terms govern your use of the Site and any orders you place through the Site. These Terms apply regardless of how you access the Site, whether by computer, mobile device, or otherwise.
We reserve the right, at our discretion, to change these Terms at any time. Such change will be effective ten (10) days following the posting of the revised Terms and your use of the Site after such period constitutes your acceptance of the revised Terms then in effect.
You agree to review these Terms regularly. We will try to notify you of any changes to these Terms by posting a notice on the Site’s homepage for thirty (30) days following such changes. Your continued use of the Site constitutes your acceptance of all changes. If any change is unacceptable to you, you must immediately stop using the Site.
Privacy Policy
Please refer to our Privacy Policy for information about how we collect, use, and disclose information about you. By using the Site, you consent to the collection, use, and disclosure of your information in accordance with the Privacy Policy.
Eligibility and Account Registration
To place an order through the Site, you must be at least 18 years old. By using the Site, you represent and warrant that:
- You are 18 years of age or older;
- You have not previously been suspended or removed from use of the Site;
- Your registration and your use of the Site is in compliance with all applicable laws and regulations.
Accounts and Passwords. To place an order through the Site, you will need to create a personal account. You must provide accurate information when creating your account. You are entirely responsible for maintaining the confidentiality of your account password and for any and all activity that occurs under your account. You agree to notify Joyce Bonelli® immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by Joyce Bonelli® or any other user of or visitor to the Site due to any unauthorized use of your account prior to our receipt of notice.
You may not use anyone else’s account at any time without the permission of the account holder. Joyce Bonelli® cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Product Information
We strive to display colors of products as accurately as possible on the Site. However, as the actual colors you see will depend on your monitor and various other factors, we cannot guarantee that the actual display of any color will be accurate.
The ingredients listed for products on the Site are per the manufacturers’ representations. While Joyce Bonelli® takes care to transmit ingredient information accurately, we cannot guarantee that ingredient lists are absolutely complete, accurate, and up-to-date. Always check product packaging for the most recent ingredient information. If you have concerns about an ingredient, please contact the manufacturer or refrain from using the product.
Product Descriptions. Joyce Bonelli® attempts to be as accurate as possible with our product descriptions. However, Joyce Bonelli® does not warrant that product descriptions or other Site content is completely accurate, reliable, current, or error-free.
Limited Quantities; Pricing Errors. Prices and availability are subject to change without notice. Prices are not guaranteed until your order has been placed. If there is an error in pricing or product description, we have the right to cancel any orders placed for products listed at an incorrect price. Joyce Bonelli® reserves the right to cancel and refund your order in the event a product is listed at an incorrect price due to typographical error or error in pricing information. If you place an order for a product that was listed at an incorrect price due to error in pricing or product information, we will have the right to cancel your order and notify you of such cancellation.
Placing Orders
Order Acceptance. An automated acknowledgement of your order means that we have received your order. Payment will be taken at the time you place your order. This does not indicate acceptance of your order or that processing of your order has been completed.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion. We will confirm acceptance of your order by sending you a shipping confirmation email. The shipping confirmation signifies that we have accepted your order and initiates the order fulfillment process.
Shipping Policy. We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay shipping and handling charges for shipment of the product as outlined on the Site unless we otherwise notify you.
We will use commercially reasonable efforts to ship your order according to the shipping times provided during the order process. Processing time for orders placed on the Site is typically 1-2 business days from the time the order is placed. Add 1-5 business days for shipping within the continental US with standard USPS shipping methods.
Taxes. You are responsible for all taxes associated with the order. Joyce Bonelli will charge sales tax in jurisdictions where the company has an obligation to collect and remit sales tax.
Cancellations and Refund Policy. You may cancel your order at any time before shipment for a full refund by contacting customer service at [email protected]. Custom made products may not be cancelled or returned.
If you would like to return an item received from Joyce Bonelli® Cosmetiques, please see our Return Policy below.
Return Policy
If for any reason you are not completely satisfied with a Joyce Bonelli® Cosmetiques purchase, you may return eligible items within 14 days of receiving your order for a refund of the purchase price. To be eligible for return, items must be unused, in original condition with tags/packaging, and in the state in which you received them. Certain items are not eligible for return, including:
- Custom orders or custom made items
- Intimate apparel
- Hazardous materials that cannot legally be returned
- Perishable goods (including food items and beauty products)
To return an eligible item and receive a refund:
- Contact our Customer Service team within 14 days of receiving your order to obtain a Return Merchandise Authorization (RMA) number.
- Pack the item securely in the original packaging and ship the parcel with your RMA number written clearly on the outside of the package to:
Joyce Bonelli® Cosmetiques Returns
123 Main Street
Anytown, CA 90000
You are responsible for paying your own shipping costs for returning your item. Shipping costs are non-refundable.
Once we receive your return and inspect the condition, we will process your refund. Refunds may take 1-2 billing cycles to appear on your credit card statement, depending on your credit card company.
Sale items. Special promotional discounts and offers may not be refunded.
We reserve the right to refuse returns or exchanges for any reason.
Please note we do not refund the original shipping fees unless the return is due to our error.
Payments
We accept the following forms of payment:
- Visa
- Mastercard
- American Express
- Discover
- PayPal
When you provide your payment information, you authorize Joyce Bonelli® Cosmetiques to charge your payment method for the total amount of your purchase. We use third-party payment processors that encrypt and securely transmit your payment information.
If you pay with credit card, debit card or other online payment service, by placing an order you: (i) represent and warrant that the card information you supply is true, correct and complete; (ii) authorize Joyce Bonelli® Cosmetiques to charge your order to your payment method; and (iii) agree that you will pay for all products you purchase through the Site in accordance with the terms of your agreement with the issuer of your card.
Prices on the Site are quoted in U.S. dollars. We may change prices at any time and without prior notice. In the unlikely event that your order is mispriced, we will notify you and await your approval of the corrected price before processing or shipping your order.
User Content
If you submit, upload, post, email, transmit or otherwise make available any content to Joyce Bonelli® Cosmetiques or the Site (collectively “User Content”), you grant Joyce Bonelli® Cosmetiques and its affiliates, licensees and successors a perpetual, irrevocable, worldwide, royalty-free, fully sub-licensable right to use that User Content for any purpose in connection with the operation of its business, including without limitation for promoting, advertising, marketing and redistributing part or all of the Site.
You represent and warrant that: (i) you exclusively own all rights in and to the User Content and have all necessary rights to grant the license as stated above; (ii) the User Content does not and will not infringe or violate any laws or violate or infringe upon any rights of any third party, including without limitation intellectual property rights, privacy rights and rights of publicity; and (iii) the Company’s use of the User Content as permitted by these Terms will not violate any law or infringe or violate any rights of any third party.
You understand that User Content is not monitored or reviewed by Joyce Bonelli® Cosmetiques prior to posting and that Joyce Bonelli® Cosmetiques makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted on or otherwise transmitted through the Site. However, Joyce Bonelli® Cosmetiques reserves the right to refuse or delete any Content that it determines, in its sole discretion, is inappropriate or otherwise objectionable. You agree that you must evaluate and bear all risks associated with the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content.
Intellectual Property
The Site contains material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, methods and scripts, and other material provided by or on behalf of Joyce Bonelli® Cosmetiques (collectively referred to as the “Joyce Bonelli® Content”). The Joyce Bonelli® Content may be owned by us or third parties. The Joyce Bonelli® Content is protected under both United States and foreign laws. Unauthorized use of the Joyce Bonelli® Content may violate copyright, trademark, and other laws. You have no rights in or to the Joyce Bonelli® Content and you will not use the Joyce Bonelli® Content except as permitted under these Terms. No other use is permitted without prior written consent from Joyce Bonelli® Cosmetiques. You must retain all copyright and other proprietary notices contained in the original Joyce Bonelli® Content on any copy you make of the Joyce Bonelli® Content. You may not sell, transfer, assign, license, sublicense, or modify the Joyce Bonelli® Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Joyce Bonelli® Content in any way for any public or commercial purpose. The use or posting of any of the Joyce Bonelli® Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
Trademarks. The trademarks, logos, service marks and trade names (collectively the “Trademarks“) displayed on the Site are registered and unregistered Trademarks of Joyce Bonelli, its licensors, its suppliers, or other third parties. All Trademarks not owned by Joyce Bonelli® that appear on the Site are the property of their respective owners. Nothing contained on the Site should be construed as granting any license or right to use any Trademark displayed on the Site without our express written permission or that of the third party which may own the Trademark. Your misuse of the Trademarks is strictly prohibited.
Disclaimers and Limitations of Liability
Medical Disclaimers. Joyce Bonelli® Cosmetiques products are cosmetics and not drugs. The drug claims made about specific products on our website, have not been evaluated by the United States Food and Drug Administration and are not approved to diagnose, treat, cure or prevent disease.
Allergy Warning. Joyce Bonelli® Cosmetiques products may contain ingredients that are known to cause irritation or allergic reactions in some individuals. If you have sensitivities or allergies, you should not rely solely on ingredient information provided and should always check product packaging. If you have concerns, test the product first on a small area of skin. Discontinue use if irritation or discomfort develops. Your allergies are your responsibility. If you have any known product allergies, it is your responsibility to take proper precautions and ensure that the ingredients contained in our products are safe for your use.
No Professional Advice. The information contained on the Site and anything you purchase or learn through the Site are for informational and educational purposes only. This content is not intended as, and the Site and any products offered for sale through the Site are not a substitute for, professional medical advice, diagnosis or treatment. You should always consult with your physician or other qualified health care provider for any medical advice. Do not disregard, delay, or avoid seeking professional medical advice relating to any medical condition because of any information provided through the Site. If you have any health, medical or dermatological concerns regarding any product, its use or application, speak with a licensed physician. Reliance on any information provided by Joyce Bonelli® employees, others appearing on the Site at our invitation, or other visitors to the site is solely at your own risk.
No Warranties. THE SITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND. JOYCE BONELLI® COSMETIQUES AND ITS LICENSORS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT THE ACCURACY, COMPLETENESS, SECURITY, QUALITY, RELIABILITY, TIMELINESS, OR AVAILABILITY OF THE Joyce Bonelli® CONTENT. JOYCE BONELLI® COSMETIQUES DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS RELATING TO THE Joyce Bonelli® CONTENT OR THE SITE, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE SITE WILL BE ERROR-FREE, UNINTERRUPTED, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitations of Liability. JOYCE BONELLI® COSMETIQUES, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND LICENSEES (COLLECTIVELY, THE “Joyce Bonelli® PARTIES”) WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF JOYCE BONELLI® COSMETIQUES OR ANY Joyce Bonelli® PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE Joyce Bonelli® PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF, RELATING TO, OR RESULTING FROM THE TERMS OR ANY ASPECT OF THE SITE EXCEED THE GREATER OF THE AMOUNT YOU PAID TO JOYCE BONELLI® COSMETIQUES IN THE SIX (6) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, IF ANY, OR $100.
THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE. YOU MAY HAVE OTHER RIGHTS UNDER CERTAIN LAWS IN CERTAIN JURISDICTIONS WHICH DO NOT ALLOW THE FOREGOING EXCLUSIONS — ALL SUCH RIGHTS ARE EXPRESSLY EXCLUDED TO THE FULLEST EXTENT ALLOWABLE BY LAW.
Indemnification
You agree to defend, indemnify, and hold harmless Joyce Bonelli® Cosmetiques and its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising from or related to your use of the Site, your breach of these Terms, your infringement, misuse or misappropriation of Joyce Bonelli® Content or other materials on the Site, or your violation of any third party rights. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding. We reserve the right to assume exclusive control of the defense of any matter subject to indemnification by you.
Governing Law
The validity of these Terms and the rights, obligations, and relations of the parties under these Terms will be construed and determined under and in accordance with the laws of the State of California, without regard to conflicts of law principles.
Jurisdiction and Disputes
These Terms, your use of the Site, and any dispute arising from your use of the Site will be governed by and construed in accordance with the laws of California, without giving effect to any choice of law principles. Any legal proceedings against Joyce Bonelli® Cosmetiques that may arise out of, relate to, or result from the Terms or the Site must be initiated exclusively in the state or federal courts located in Los Angeles County, California. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of the Terms, including, without limitation, this section.
You agree to submit to the personal jurisdiction of the courts located in Los Angeles County, California for the purpose of litigating all claims or disputes unless said claim is submitted to arbitration as discussed below.
We each agree to waive any and all objections to the exercise of personal jurisdiction by courts located in Los Angeles County, California and to venue in Los Angeles County, California.
Arbitration and Waiver of Class Action
You and Joyce Bonelli® Cosmetiques agree that any controversy, claim or dispute arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof (“Dispute“), including disputes relating to the validity, scope or enforceability of the arbitration provision contained in this Section, shall be submitted to final and binding arbitration as the sole and exclusive forum for dispute resolution. Such arbitration shall be conducted by one arbitrator from the Judicial Arbitration and Mediation Service (JAMS) in accordance with the JAMS Streamlined Arbitration Rules and Procedures effective at the time the Dispute arises, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms are void or voidable. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
This Agreement to arbitrate prevents you from litigating claims in court or having a jury trial on the claims. You understand that you are waiving your rights to litigate disputes in court and have a jury trial. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted.
Modifications to the Site
We reserve the right to modify or discontinue the Site at any time without notice to you. We will not be liable if we choose to modify or discontinue the Site. Your continued use of the Site constitutes your acceptance of such modifications; therefore, you should frequently review these Terms and the Site to understand the terms and conditions that apply.
Termination
If you violate any provision of these Terms, your permission from Joyce Bonelli® Cosmetiques to use the Site will terminate automatically. Additionally, Joyce Bonelli® Cosmetiques may in its sole discretion terminate your user account on the Site or suspend or terminate your access to the Site at any time for any reason or no reason, with or without notice. Joyce Bonelli® Cosmetiques also reserves the right to modify, suspend or discontinue all or part of the Site at any time without notice. Joyce Bonelli® Cosmetiques will not be liable to you for any damages related to terminating your use of the Site.
Upon any such termination, you must immediately cease using the Site and destroy all copies of any information obtained from the Site and any other materials you downloaded or otherwise obtained from the Site.
Contact Information
Please contact us with any questions or concerns regarding these Terms and Conditions.
Joyce Bonelli® Cosmetiques
123 Main Street
Anytown, CA 90000
Email: [email protected]
Phone: 555-123-4567
Complete Agreement
Except as expressly provided above, these Terms constitute the entire agreement between you and Joyce Bonelli® Cosmetiques relating to your access to and use of the Site. These Terms supersede all prior or contemporaneous understandings regarding such subject matter. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.