The following terms and conditions (referred to as both the "Terms and Conditions" and/or the "Agreement") apply to the Beauty Belle & Beau website (https://www.beautybellebeau.com/) and all other sites, mobile sites, services, applications, platforms, and tools where these Terms and Conditions appear or are linked (collectively, the "Site"). Beauty Belle & Beau (“Beauty Belle”) provides its services to you (the "Customer") subject to this Agreement. By using the Site, you agree to the Terms and Conditions. If you do not accept this Agreement and agree to these Terms and Conditions, then you may not use the Site. (Beauty Belle is a property of Magnifique Beauty, LLC.)
Who We Are.
As used in this Agreement and on the Site www.beautybellebeau.com. “We” refers to Magnifique Beauty LLC., with headquarters located at 442 Fifth Avenue #2805, New York, NY 10018. All content held on this website is the exclusive property of Magnifique Beauty LLC.
Changes to Terms of Service.
Beauty Belle holds the authority to alter or update the terms of this Agreement at any given time. Such changes will be communicated to the Customer through written notice sent to the last address provided by the Customer, via email, by posting on the website, or through any other reasonable methods of communication. Beauty Belle also maintains the right to modify or update its Privacy Policy following the same communication procedures. By continuing to use the Site, the Customer acknowledges and accepts these modifications or updates.
Age Requirement.
The Site is intended for use by individuals 13 years of age or older. If you are under 18, you may use this Site only with involvement and supervision of a parent or guardian.
Your Account.
To access specific services or areas of the Site, you might need to register with Beauty Belle. We reserve the right to deny the user name you choose during registration. Your user name and password should be used only by you. If you access the Site, it's your responsibility to keep your account details and password confidential and to control access to your computer. You also agree to be accountable for all activities conducted under your account or password. Beauty Belle has the right, at its sole discretion, to terminate your account, deny service, or cancel orders, in addition to exercising any other rights it possesses.
Delaware Law Govern and Dispute Forum/Jury Trial Waiver.
THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE OF DELAWARE, WITHOUT CONSIDERATION OF ITS CONFLICT OF LAW PRINCIPLES AND CUSTOMER, BY ACCEPTING THIS AGREEMENT, CONSENTS AND AGREES TO EXCLUSIVE JURISDICTION IN THE STATE OF DELAWARE, PROVIDED THAT A PARTY MAY SEEK ENFORCEMENT OF A JUDGMENT OF SUCH COURTS IN ANY COURT OF COMPETENT JURISDICTION. BOTH BEAUTY BELLE AND CUSTOMER WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY DISPUTE BETWEEN THE PARTIES.
Grant of License and Access.
Beauty Belle provides you with a limited license to access and personally use the Site and its content solely for non-commercial purposes, as long as your use does not breach this Agreement. This license does not permit any resale or commercial use of the Site, nor does it allow the collection and use of product listings, descriptions, or prices; any derivative use of the Site; or any downloading or copying of site content for the benefit of a third party. Additionally, you may not use data mining, robots, or similar data gathering and extraction tools. All rights not explicitly granted to you are reserved by Beauty Belle and/or its content providers.
The Site, including any of its parts, cannot be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without Beauty Belle’s express written permission. You are also prohibited from using framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Beauty Belle without our express written consent. Similarly, you may not use any meta tags or any other "hidden text" that utilizes Beauty Belle's name or trademarks without our express written consent.
The Site must not be misused, and it should be used only in compliance with the law. If you fail to adhere to this Agreement and/or any other Site Terms of Service, the licenses granted by Beauty Belle will be terminated.
Sales Limitation.
Beauty Belle restricts the sale of its products to personal use only. Without Beauty Belle's explicit prior written consent, these products may not be used for resale or any commercial purposes. Additionally, we reserve the right to limit the quantity of products sold to what is typically considered normal retail purchase Intellectual Property.
All content on the Site, including its design, text, graphics, images, logos, buttons, icons, interfaces, audio and video clips, as well as their arrangement, is exclusively owned by Beauty Belle or its content providers. This content is protected under U.S. and international copyright laws. Similarly, all software utilized on the Site is owned by Beauty Belle or its software suppliers and is safeguarded by U.S. and international copyright laws, alongside other relevant laws and treaties. The collection, arrangement, and assembly of all content on the Site is the sole property of Beauty Belle and is also protected by U.S. and international copyright laws.
Graphics, logos, page headers, button icons, scripts, and service names available through the Site are trademarks or trade dress of Beauty Belle or its licensors. These trademarks and trade dress of Beauty Belle must not be used in relation to any product or service that is not affiliated with Beauty Belle, nor in any manner that could confuse customers. Any other trademarks appearing on the Site that are not owned by Beauty Belle belong to their respective owners, who may or may not be connected with, endorsed by, or sponsored by Beauty Belle.
PRIVACY POLICY
Privacy Policy Incorporated Herein.
Beauty Belle’s Privacy Policy, which may be updated periodically, is an integral part of this Agreement and same is incorporated herein and made a part of this Agreement.
Colors/Satisfaction Policy/Returns.
Beauty Belle tries its best to show product colors on the Site as accurately as possible. However, the colors you see can vary based on your monitor and its settings, so we can't guarantee that they will be completely accurate. If you're not happy with your experience on the Site, please let us know.
Disclaimers
Beauty Belle does not guarantee that the information on the Site is always accurate, complete, or up-to-date, nor can we ensure that any advice or products will produce specific results. Prices and availability of products are subject to change without notice, and any errors or omissions in product information or pricing on the Site do not bind us.
The content and materials on the Site are for informational purposes only. The products, including cosmetics, are not meant for diagnosing, treating, curing, or preventing any diseases, nor are they intended to affect any bodily functions or structures. Results mentioned may not be experienced by everyone. We recommend consulting your physician or health care provider about any advice or recommendations found on the Site.
In providing product information, we partially rely on descriptions from manufacturers, wholesalers, and other third parties. If you find any information inaccurate, please contact us.
We also cannot assure that the Site or its server will always be error-free, uninterrupted, safe from unauthorized access or hacker attacks, or that it will meet all your needs.
The Site and all its contents are provided "as is" and "as available", without any kind of warranty, whether express, implied, or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. This also covers the fact that emails sent from Beauty Belle are free from malware or other harmful elements. These disclaimers apply to the fullest extent permitted by law and are not to be interpreted more broadly than allowed by applicable law.
Beauty Belle offers a wide range of high-quality cosmetics and fragrances from top producers worldwide. When using these beauty products, including cosmetics, fragrances, and other health and beauty items, it's important to follow the manufacturer's instructions and warnings carefully. This is especially important as some people may have allergic reactions to these products. While Beauty Belle tries to provide product labeling information, we are not the manufacturer of all the products we sell. We advise our customers to carefully read and follow all labels, packaging instructions, and manufacturer warnings.
Subscription Services and Single Purchase Options
Beauty Belle offers its customers the choice between making single item purchases and subscribing to our products ("Subscription Services"). Our Subscription Services may come with the benefit of discounts on some of our products, which are exclusive to subscribers. Please be aware that the availability of these discounts, along with the specific terms and conditions attached to them, including but not limited to the percentage of the discount, the products eligible for discounts, and the duration of such discounts, are subject to change at any time at Beauty Belle's sole discretion without prior notice to you. By choosing the Subscription Service, you acknowledge and agree to this flexibility in our offerings. Any changes to the terms of the Subscription Services or associated discounts will be updated on our website, and we encourage you to review these periodically to stay informed of any changes.
Orders, Shipping & Refunds.
Receiving an email confirmation for your order doesn't mean your order has been accepted or that we have confirmed the sale. It also doesn't guarantee that the product or service is in stock, available at the published price, or under the terms stated on the Site or in any other advertisement. Beauty Belle may, without prior notice, limit quantities on any item or refuse service to anyone. This could be due to limited stock, errors in product or pricing information, or potential fraud concerns. We also reserve the right to limit purchases per person, household, or order, and this can apply to orders from the same account, credit card, or those using the same billing and shipping address. We may also restrict or limit sales to dealers or resellers.
Regarding pricing, the price of an item is confirmed once your order is fulfilled. Item prices may change over time. Prices are confirmed once the order is fulfilled.
We verify order and customer information before accepting an order. We're not obligated to fulfill any order and may refuse it. Your credit card will only be charged when the order is placed. Shipping and handling charges may reflect estimated costs and not the exact cost for your specific order. Expedited delivery may be available in some areas, with applicable taxes and delivery fees.
At Beauty Belle, all sales are final. To enhance our service and ensure clear communication, we may use recorded Zoom, phone, chat, or other online video communications. By engaging in these communications with the Beauty Belle team, you consent to being recorded and agree that 'Beauty Belle' may use these recordings for quality assurance, for training, and for dispute resolution purposes. All sales are final. Please be aware that during this process, your interactions with our Beauty Belle team via online video communication, phone, or chat may be recorded. ALL SALES ARE FINAL.
Risk of Loss.
The risk of loss for and title to products purchased on the Site passes to the purchaser upon delivery to the carrier.
Online Conduct.
Any conduct by a person that in Beauty Belle 's sole unquestionable discretion restricts or inhibits any other person from using or enjoying the Site is prohibited. Customer agrees to use the Site only for lawful purposes and in accordance with that prohibition. Customer agrees that he or she will not post on the Site or transmit through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law.
User Comments, Feedback, Posts, and Other Submissions
You may submit, post, or otherwise make available reviews, comments, feedback, suggestions, questions, photos, videos, and other content on or through the Site. (collectively, "Comments") Beauty Belle has full discretion to remove or delete any comments, feedback, posts, or other submissions. Comments can not contain any Prohibited Content. "Prohibited Content" means Content that:
- Any conduct by a person that in Beauty Belle 's sole unquestionable discretion restricts or inhibits any other person from using or enjoying the Site is prohibited. Customer agrees to use the Site only for lawful purposes and in accordance with that prohibition. Customer agrees that he or she will not post on the Site or transmit through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law.
- User Comments, Feedback, Posts, and Other Submissions
- You may submit, post, or otherwise make available reviews, comments, feedback, suggestions, questions, photos, videos, and other content on or through the Site. (collectively, "Comments") Beauty Belle has full discretion to remove or delete any comments, feedback, posts, or other submissions. Comments can not contain any Prohibited Content. "Prohibited Content" means Content that:
Although Beauty Belle cannot monitor all Comments, Beauty Belle reserves the right (but not the obligation), in its sole discretion, to remove or edit any Comment that appears on the Site for any reason and at any time. Nevertheless, you are solely responsible for any Comments you submit, post, or otherwise make available on or through the Site, and you agree to indemnify Beauty Belle for all claims resulting from any such Comments. Beauty Belle has no obligation (1) to maintain any Comment in confidence; (2) to pay any person any compensation for any Comment; or (3) to respond to any Comment.
Beauty Belle does not claim ownership of any Comment. However, you agree that Beauty Belle is free to use any Comment for the purpose of providing you and others with the use of the Site, with associated products and services, and with Beauty Belle 's (and its successors' and assigns)' business. You grant Beauty Belle a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive, fully sublicensable right to use, reproduce, create derivative works from, modify, adapt, publish, edit, translate, distribute, perform, and display the Comment throughout the world in any media now known or hereafter developed. You also grant Beauty Belle the right to use the name and any other identification information that you submit, post, or otherwise make available in connection with the Comment.
You represent and warrant that:
- you own or otherwise control all of the rights to any Comment;
- use of any Comment supplied by you will not violate this Agreement; and
- the Comment will not cause injury to any person or entity.
Beauty Belle takes no responsibility and assumes no liability for any Comment or other content posted by you or any third party.
Copyright Complaints
Beauty Belle respects the intellectual property of others. If you believe that your work has been copied on our Site in a way that constitutes copyright infringement, please report possible copyright infringement, and contact us.
Upon receipt of a valid notification of alleged copyright infringement by a third party, Beauty Belle 's policy is to remove or disable access to the material identified in the notice, forward the written notification to the alleged infringer, and take reasonable efforts to notify the alleged infringer that it has removed or disabled access to the material.
Beauty Belle YouTube Video Content
The videos provided by Beauty Belle on our YouTube channel (hereinafter referred to as "the Videos") are made available to the public for informational and entertainment purposes only. Beauty Belle does not hold any legal obligation for the content in the Videos. Customers should consult with their medical professional for any medically related concerns. The Videos are intended to provide viewers with product insights regarding the use, benefits, and application of beauty and skin care products, including but not limited to makeup, skin care, nail care, and hair care products. Beauty Belle retains all rights, titles, and interests in and to the Videos, including, without limitation, copyrights and trademarks associated with the Videos and the content therein. The Videos are protected by copyright laws, trademark laws, and other intellectual property laws and international treaties. You may not modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell or use for commercial purposes any part of the Videos without the express written consent of Beauty Belle. Additionally, you may not use the Videos for any unlawful purpose or in any manner that could damage, disable, overburden, or impair any Beauty Belle Site, or interfere with any other party's use and enjoyment of the Videos.
In no event shall Beauty Belle its officers, directors, employees, or agents be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever, including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the content, use or performance of the Videos, with the delay or inability to use the Videos, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Videos, or otherwise arising out of the use of the Videos, whether based on contract, tort, negligence, strict liability or otherwise.
Artificial Intelligence (AI) Product Selection and Suggestions
Beauty Belle contracts with a Third Party for Artificial Intelligence (AI) technologies (including but not limited to AI Skin Analysis & AI Makeup Try On) to enhance your experience on our website and through our services by providing personalized product selection and suggestions ("AI Recommendations"). These Third Party AI technology recommendations are generated through algorithms and machine learning techniques based on the information you provide and your interaction with our services. You acknowledge and agree that the Third Party AI recommendations are provided for your convenience and for informational purposes only. AI recommendations are inherently speculative and are based on the general preferences and data derived from Third Party AI Technology. Beauty Belle does not in any way assure the accuracy, appropriateness, or suitability of any product suggestions made by any AI technologies. Customers should consult a medical professional for any medically related questions and for care.
You agree to hold Beauty Belle, its affiliates, officers, directors, employees, agents, and successors harmless and expressly waive any claim against 'Beauty Belle' related to the AI Recommendations provided. Beauty Belle will not be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind arising from your use of the AI Recommendations, including, but not limited to, damages for personal injury, property damage, dissatisfaction with any products suggested, or any other harm or loss of any nature whatsoever. You retain the sole responsibility for your choices to follow or to ignore Third Party AI recommendations made by Third Party AI Technology. Your decision to purchase or not purchase a suggested product is at your discretion, and you bear the full responsibility for the outcomes of those decisions, including satisfaction with the product and its suitability for your intended use.
Termination.
Beauty Belle can end or suspend a customer's access to all or part of the Site at any time, without any liability and without notice. This action can be taken if Beauty Belle believes, at its own unquestionable discretion, that the customer's behavior violates any law or this Agreement, or if it's harmful to another user, a third-party, a merchant, a sponsor, a licensor, a service provider, or to Beauty Belle itself.
Third Party Sites and Links.
The Site might have links to other websites on the Internet that are run by third-party vendors and others ("Third Party Sites"). Beauty Belle isn't responsible for these Third Party Sites being available, nor for the content they have. If you have any issues with these links or what's on the Third Party Sites, you should get in touch with the administrator or Webmaster of those sites.
Mobile Service, Internet and Service Fees
The following section applies to users of Beauty Belle Beauty's mobile application (the "Application"): The use of the Application requires use of a mobile device and wireless mobile data service, which must be obtained from your wireless carrier, and may require Internet access, which must be obtained from your service provider; you are responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all usage charges related thereto. You may be required to send and receive, at your cost, electronic communications related to the Application, including without limitation, administrative messages, service announcements, diagnostic data reports, and Application updates, from Beauty Belle, your mobile carrier or Third party service providers. If you do not have an unlimited wireless mobile data plan, you may incur additional charges from your wireless service provider in connection with your use of the Application. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the Application, including but not limited to payment of all Third party fees associated therewith, including fees for information sent to or through the Application.
The Application may not work with all devices or all mobile carriers. Beauty Belle makes no representations that the Application will be compatible with or provided by all mobile carriers. In the event that fees are charged for the Application, or other Third party service providers charge a fee for the products or services they provide, you agree to pay such fee to the respective party in exchange for your continued use of such products or services. Some services may be subject to different or additional terms (including fees), to which you will be required to agree prior to your use of such services.
Severability.
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified by the court in compliance with applicable law to the extent necessary to make the provision valid, legal, and enforceable while preserving its intent or, if such modification is not possible, severed from this Agreement. The invalidity, illegality, or unenforceability of any provision shall not affect any other part of this Agreement. The remaining provisions of this Agreement will remain in full force and effect as if the invalid, illegal, or unenforceable provision had not been part of it.
No Waiver.
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The failure of either party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver nor shall it deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing and signed by the party granting the waiver to be legally binding.
Entire Agreement.
This Agreement constitutes the entire agreement between the parties concerning the subject matter herein and supersedes all previous agreements, understandings, negotiations, and discussions, whether oral or written, between the parties. No other document, statement, or arrangement, whether originating from any party or from a third party, shall be considered part of this Agreement unless expressly incorporated by reference within this Agreement. This Agreement may only be amended or modified by a written document executed by duly authorized representatives of both parties.
Acceptance of This Agreement and Amendments.
By using the Site, the Customer agrees to the terms of this Agreement. The use of the Site is exclusively governed by this Agreement and its amendments, along with the policies published by Beauty Belle on the Site. These documents form the complete agreement between the parties regarding the use of the Site. Beauty Belle may occasionally update or modify this Agreement by either sending an email to the Customer at their last known email address or by posting the changes on the Site.
Indemnification.
You agree to indemnify, hold harmless, and (at our request) defend us, our affiliates, and our and their respective employees, officers, directors, and agents, as well as Payment Processing Third Parties, from and against all claims, demands, suits, damages, costs, lawsuits, fines, penalties, liabilities, and expenses, including reasonable attorneys’ fees, that arise from any third-party claim due to or arising out of: (a) User Content you share through the Site; (b) your use of the Site; (c) your breach or alleged breach of these Terms; (d) your violation of applicable law, including, but not limited to, infringement of third-party intellectual property rights; or (e) your other actions or omissions that result in liability to us; (f) any use/recommendations of artificial technology; (g) recommendations for any skin concerns on the Site; (h) recommendations by videos either produced by Beauty Belle or its customers; (i) recommendations posted in chats by our customers or representatives; (j) any information posted in our blogs; (k) use or misuse of any products that are not actually manufactured by Beauty Belle. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us under these Terms, and you agree to cooperate with our defense of these claims.
Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BEAUTY BELLE, PAYMENT PROCESSING THIRD PARTIES, OUR AFFILIATES, THE PAYMENT CARD NETWORKS, AND THEIR AND OUR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH RECOMMENDATIONS, YOUR ACCESS TO OR USE OF THE SITE OR ANY INFORMATION, PRODUCTS, OR OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN THE EVENT YOU OR ANY OTHER PERSON OR ENTITY IS ENTITLED TO DIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS, USE, OR INABILITY TO ACCESS OR USE, THE SERVICES OR ANY INFORMATION, PRODUCTS, OR OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE THROUGH THE SERVICES, THE COLLECTIVE LIABILITY OF THE COMPANY, OUR AFFILIATES, PAYMENT PROCESSING THIRD PARTIES, THE PAYMENT CARD NETWORKS, AND OUR AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS, (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) WILL NOT EXCEED $100.
IN ADDITION TO AND WITHOUT LIMITING ANY OF THE FOREGOING, BEAUTY BELLE, PAYMENT PROCESSING THIRD PARTIES, AND THE PAYMENT CARD NETWORKS WILL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY RESULTING FROM ANY CONDITION BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, ACTS OF TERRORISM, LABOR CONDITIONS, POWER FAILURES, INTERNET DISTURBANCES, OR ANY SERVICES OR SYSTEMS CONTROLLED BY THIRD PARTIES.THE LIMITATIONS IN THIS SECTION DO NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
If you have any questions regarding the terms of this Agreement, you should contact Beauty Belle as follows:
Mail:
Magnifique Beauty LLC.
442 Fifth Avenue #2805,
New York, NY 10018
Email: customerservice@beautybellebeau.com
Telephone: (866) 968-9188