Terms and Conditions
Privacy Policy
Beaute de Maman values your privacy and will not share any personal or financial information with anyone other than those involved in the processing of your order. See our full privacy policy.Terms & Conditions
Welcome to the Beaute de Maman website (the "Site"). We provide the content and services available on the Site to you subject to the following terms and conditions ("Terms and Conditions"). By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions which include our Privacy Policy.
1. INTELLECTUAL PROPERTY
All content available on the Site, including but not limited to text, graphics, logos, button icons, images, audio clips, video clips, data compilations and software, and the compilation of all or any of such content (collectively, the "Content") is the property of Beaute de Maman, LLC or its affiliates, partners or licensors, as the case may be, and is protected by United States and international copyright laws.
The trademarks, logos, and service marks displayed on the Site (collectively, the "Trademarks") are the registered and unregistered marks of Beaute de Maman, LLC, or its affiliates, partners or licensors, as the case may be, and are protected by United States and international trademark laws.
2. LIMITED LICENSES
We grant you a limited, revocable, and non-exclusive license to access and make personal use of the Site. This limited license does not include the right to: (i) frame or utilize framing techniques to enclose the Site or any portion of it; (ii) modify or download the Site or any Content (except caching or as necessary to view the Site); (iii) make any use of the Site or Content other than personal use; (iv) create any derivative work based upon either the Site or any Content; (v) collect account information for the benefit of yourself or another party; (vi) use any meta tags or any other "hidden text" using our name or the Trademarks or to otherwise use the Trademarks; or (vi) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our Site infrastructure.
We also grant you a limited, revocable, and nonexclusive license to create a hyperlink to the home page of the Site for your personal, non-commercial use only. A website that links to the Site must link to the home page of the Site and (i) may not replicate any of our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content that is lawful and appropriate for all ages; (v) may not portray us or our products or services in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; (vi) may not use any Trademark; and (vii) may not link to any page of the Site other than the home page. We may, in our sole discretion, demand that you remove any link to the Site, and upon receipt of such demand, you must immediately remove such link.
Any unauthorized use by you of the Site terminates the limited licenses set forth in this Section 2 without prejudice to any other remedy we may have under applicable law or these Terms and Conditions.
Except as set forth in this Section, or as required under applicable law, neither the Content or Trademarks nor any portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent.
3. YOUR OBLIGATIONS AND RESPONSIBILITIES
In your access and use of the Site, you must comply with these Terms and Conditions and any special warnings or instructions for access or use posted on the Site. You must act always in accordance with law and in good faith. You may not make any change or alteration to the Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of the Site. If you do not comply with any of the obligations set forth in these Terms and Conditions (including our Privacy Policy), you will be liable for all the losses and damages that your non-compliance may cause to Beaute de Maman, LLC and any of our affiliates, partners and licensors.
Please review our Privacy Policy, which also governs your visit to the Site, so that you may understand our privacy practices regarding any personal information that we collect from you.
4. YOUR ACCOUNT
If you register with our Site you will have an email address/username and password for the account you create. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. You accept responsibility for all activities that occur under your account, username and/or password. You agree to provide only accurate, truthful information. [NOTE: Please confirm that users will be able to create accounts.]
We reserve the right to refuse service and/or terminate accounts without prior notice if you violate any of these Terms and Conditions or if we decide, in our sole discretion, that it would be in Beaute de Maman LLC's best interest to do so.
5. PURCHASE-RELATED POLICIES
The products and services available on the Site, and any samples thereof that we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples of them, that you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any orders that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.
Beaute de Maman Product Returns Policy
Beaute de Maman stands behind the quality of its products. Beaute de Maman products are manufactured to meet extremely high standards for safety and efficacy. It is very rare that we receive product returns from consumers. Ensuring your consumer satisfaction is very important so when a consumer does need to return a product we ensure the process is easy to follow, quick and fair.
Types of returns accepted by Beaute de Maman
Our policy for handling returns is determined by situation. There are four basic types of returns, each having specific procedures for the consumer to follow:
Returns due to damage incurred during shipment. This classification includes any damage to the primary package due to crushing during shipment or exposure to extreme temperatures during shipping. In these cases the product needs to be sent back in its unopened state so we can study how the product packaging can be improved. Beaute de Maman will reimburse you for the cost to ship the product back and will send you a replacement product at no additional cost. To qualify the return request must be registered within 10 days of receipt and the product must be unopened.
Returns due to product formula problems. This classification includes any problems with the appearance, fragrance or composition (feel) of the product. In this situation we understand the product has been opened and we require the product to be mailed back so we can study the concern. Beaute de Maman will reimburse you for the cost to ship the product back and the company will send you a replacement product at no additional cost. To qualify the return must be registered within 10 days of receipt and less than 25% of the package contents used. We will not accept returns for products where more than 25% of the package contents have been used or the return is reported after the 10 day period.
Returns due to adverse reactions to products. The Beaute de Maman products have been carefully formulated to not cause any type of skin reaction. However, we will accept returns of opened packages if you encounter any type of adverse reaction. It is important that you immediately stop using the product as soon as you notice any type of itching, burning, redness or other unusual skin sensation after you apply the product. Beaute de Maman will not reimburse you for the cost to ship the product back but will refund the price you paid for the product, including shipping costs. To qualify the return must be registered within 10 days of receipt and less than 25% of the package contents used. We will not accept returns for products where more than 25% of the package contents have been used or the return is reported after the 10 day period.
Returns due to the wrong product shipment. In situations where the product you ordered is not the one you wanted we will accept your return of the unopened package in exchange for the proper product. In these situations Beaute de Maman will reimburse you for the cost to ship the product back and will send you a replacement product at no additional cost. To qualify the return must be registered within 10 days of receipt and the package contents must be unopened. We will not accept returns for products where the external or internal package has been opened or discarded or the return is reported after the 10 day period.
Our goal is to ensure every Beaute de Maman consumer is satisfied so if your situation does not align with the four situations defined above please call us and we will seek to quickly resolve your specific concern.
Returns Procedure:
There are four simple steps to return a product. Please note that you must follow these procedures.
Step 1 – Call our office at (800) 929 8197 during working hours (9:00 AM – 5:00 PM, Eastern Standard Time Zone, EST) to report the situation. You will speak with a professional representative to report and process the return. This call will typically take 3-5 minutes of your time.
Step 2 – The Beaute de Maman representative will provide you with mailing instructions and a Return Authorization Code to facilitate processing your request. The representative will email, fax or mail a shipping label to you to facilitate the process. Note – you must used the Return Authorization Label provided. Failure to use this label will void the return process.
Step 3 – Repackage the product to be returned in a suitable shipping container and apply the shipping label provided to you by the representative. If the product has been opened please place the contents in a plastic bag to avoid additional damage during shipment.
Step 4 – Mail the product back via the Post Office, or UPS. The Beaute de Maman representative will discuss the easiest way to return the product.
Follow-up Activity:
Depending on the type of return, Beaute de Maman will either:
Mail the replacement product to your address at no cost to you;
Refund your credit card used to purchase the product.
The Beaute de Maman representative will indicate the specific action related to your request during the initial phone call.
If you have any questions or thoughts after the return has been processed you can call us at (800) 929 8197 during working hours (9:00 AM – 5:00 PM, Eastern Standard Time Zone, EST). Please have your Return Authorization reference number available for the representative.
For additional policies related to orders placed through this Site (such as order processing, shipping and handling, and exchanges), visit our Customer Service page.
6. THIRD PARTY LINKS
We are not responsible for the content of any off-website pages or any other websites linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our affiliates or our partners of the linked content, product, service, or supplier. Your linking to or from any off-website pages or other websites is at your own risk. We are not responsible for the availability of such websites. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of any off-website pages or any other websites linked to or from the Site, nor do we assume any responsibility or liability, direct or indirect, for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit.
7. SUBMISSIONS
It is our policy to decline unsolicited suggestions and ideas. Notwithstanding our policy with regard to unsolicited suggestions and ideas, any inquiries, feedback, suggestions, ideas or other information you provide us (collectively, "Submissions") will be treated as non-proprietary and non-confidential. Subject to the terms of our Privacy Policy, by transmitting or posting any Submission, you grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute and display any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that your Submission may not be returned and we may use your Submission, and any ideas, concepts or know how in such Submission for any purpose including without limitation developing, manufacturing, distributing and marketing products.
If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses or other malicious software, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission.
8. REPRESENTATIONS AND WARRANTIES
THE SITE IS PRESENTED "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT APPLICABLE LAW DOES NOT PERMIT US TO EXCLUDE THEM. WE ATTEMPT TO BE AS ACCURATE AS POSSIBLE WHEN DESCRIBING OUR PRODUCTS ON THE SITE; HOWEVER, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DO NOT WARRANT THAT THE PRODUCT DESCRIPTIONS, COLORS OR OTHER CONTENT AVAILABLE ON THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.
9. LIMITATIONS OF LIABILITY
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE (WHETHER IN CONTRACT, TORT OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY (A) INTERRUPTION OF BUSINESS; (B) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (C) UNAVAILABILITY OF THE SITE FOR ANY REASON; (D) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (E) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (F) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS THAT MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD-PARTY WEBSITES; (G) ANY INACCURACIES OR OMISSIONS IN CONTENT; OR (H) EVENTS BEYOND OUR REASONABLE CONTROL.
FURTHER, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO LOST PROFITS) RELATED TO THE SITE REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE THAT IN NO EVENT WILL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).
10. INDEMNIFICATION
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from: (a) any third-party claim, action, or demand resulting from your use of the Site; (b) your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure; and (c) any third-party claim, action or demand arising from or in connection with any claims to any rights in any Submission.
11. DISPUTE RESOLUTION
All rights and obligations and all actions contemplated by these Terms and Conditions will be governed by the laws of Connecticut without regard to its conflicts of laws principles. Any dispute relating in any way to your visit to the Site must be submitted to confidential arbitration in Connecticut, except that to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors, we may seek injunctive or other appropriate relief in any court and you consent to exclusive jurisdiction and venue in any such court. Arbitration under these Terms and Conditions will be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise.
12. GENERAL PROVISIONS
You acknowledge and agree that these Terms and Conditions, which include our Privacy Policy, constitute the complete and exclusive agreement between Beaute de Maman and you concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications. We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. Your continued use of the Site constitutes your agreement to all such terms and conditions. WE RECOMMEND THAT YOU READ THESE TERMS AND CONDITIONS UPON EACH VISIT TO THE SITE. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You must comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.
Nothing in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. You agree that there will be no third party beneficiaries to these Terms and Conditions. Our failure to require your compliance with any obligation of these Terms and Conditions shall not affect our full right to require such compliance at any time in the future, nor shall our waiver of a breach of any provision of these Terms and Conditions be taken to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity will not render these Terms and Conditions unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and that achieves, to the extent possible, our original objectives and intent as reflected in the original provision.
If you have any questions regarding these Terms and Conditions, please contact us.
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