Terms & Conditions
TERMS OF USE
IMPORTANT: PLEASE READ THESE TERMS CAREFULLY AS THEY MAY IMPACT YOUR LEGAL RIGHTS IN THE EVENT OF A DISPUTE BETWEEN US.
SPECIFICALLY, PLEASE REFER TO SECTION 12 BELOW, WHICH REQUIRES THAT DISPUTES BE SETTLED THROUGH MANDATORY BINDING ARBITRATION, AND PRECLUDES YOU FROM LEADING OR PARTICIPATING IN A CLASS ACTION.
PLEASE ALSO REFER TO SECTION 8 BELOW, WHICH LIMITS OUR LIABILITY IN THE EVENT OF ANY DAMAGE OR INJURY TO YOU AS A RESULT OF YOUR USE OF THIS WEBSITE OR OF ANY OF OUR PRODUCTS.
YOU SHOULD ALSO REVIEW OUR PRIVACY POLICY AND FAQ.
OVERVIEW
This website (“Website”) is owned and operated by Bindaas Beauty LLC. Throughout the Website, the terms “we”, “us” and “our” refer to Bindaas Beauty LLC and its brand, Bindaas Beauty Co. Your use of the Website, including all information, tools, services, and products available from this Website, is conditioned upon your acceptance of all terms, conditions, policies, and notices. In other words, BY USING THIS WEBSITE, YOU AGREE TO ALL OF OUR TERMS AND POLICIES.
We reserve the right to change or modify any of the terms and conditions contained in the Terms of Use or Privacy Policy at any time, without notice, and in our sole discretion. Any changes or modifications to these Terms of Use or Privacy Policy will be effective upon posting of the revisions to this Website. For this reason, you should frequently review these Terms of Use and our Privacy Policies, including their dates, to understand the terms and conditions that apply to your use of this Website.
Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
Our store is hosted by Wix. Wix provides us with an online e-commerce platform that allows us to sell our products and services to you. You may also wish to review Wix’s Terms of Use, which may apply to your use of this Website.
SECTION 1 - ONLINE STORE TERMS
By visiting this Website, you represent that you are at least the age of majority in your state or province of residence, or if you are a minor, that you have obtained consent from your parent or legal guardian to use this Website and their agreement to abide and be bound by these Terms of Use.
You may not use our Website or products for any illegal or unauthorized purpose (such as the resale of the products or violation of copyright). In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the Website: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Website. We reserve the right to terminate your use of the Website for violating any of the prohibited uses.
All design, text, graphics, logos, button icons, images, audio, and video clips, the selection and arrangement thereof, and all software on the Website are the copyright (2024) of Bindaas Beauty LLC, all rights reserved. The compilation (meaning the collection, arrangement, and assembly) of all content on the Website is the exclusive property of Bindaas Beauty LLC and is protected by U.S. and international copyright laws. Other than placing an order or engaging in the online community provided on the Website, all use of the materials on this Website – including modification, distribution, transmission, or display – without prior written permission by Bindaas Beauty LLC is strictly prohibited.
SECTION 2 – PRODUCT SHIPPING, PRICING, AVAILABILITY, RETURNS
The products displayed on this Website can be ordered and delivered only within the U.S. and certain select international countries. Please see our FAQ for more information regarding our shipping policies.
All prices displayed are quoted in U.S. Dollars and are valid and effective only in the U.S. Prices are subject to change without notice. We reserve the right to discontinue any product at any time. Sale of all products is subject to availability. We reserve the right to limit the sales of our products to any person, geographic region, or jurisdiction. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any products or services.
All products offered on this Website are subject to return or exchange only in accordance with our return policies. If there is damage to your product(s), please reach out to us at hello@bindaasbeautyco.com with photographs within 3 days of package delivery. If the damage is a result of manufacturing and/or shipping, we will replace your product(s) at no cost. Please be aware that it's normal for blush pans and palettes to have some dusting around the outside of the pans - this is not considered damage. Please see our FAQ for information regarding our return and exchange policies.
SECTION 3 – PRODUCT INFORMATION AND SAFETY
All material and information presented on this Website is intended to be used for personal, educational, or informational purposes only. The statements made about the products with respect to their ingredients are provided to us by our partners, including suppliers and manufacturers, and have not been evaluated by the U.S. Food and Drug Administration or any other government agency. We are not responsible if the information made available on this Website is not accurate, complete, or current. The material on this Website is provided for general information only any reliance on the material on this Website is at your own risk.
Occasionally, our Website may contain errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, product shipping charges, transit times, or availability. We undertake no obligation to update, amend, or clarify information on this Website, including without limitation, pricing information, except as required by law.
Our products are sold on an “as-is” basis and this Website makes no representations or warranties of any kind, express or implied, including for example, warranties of merchantability, durability, or fitness for a particular purpose. Further, we do not warrant that the quality of any products you purchase or obtain will meet your expectations.
We have made every effort to display the colors and images of our products as accurately as possible. We cannot, however, guarantee that your computer monitor's display of any color will be accurate or that any particular product you receive or wear will look identical or similar to how it appears on the Website.
You agree and understand that you purchase or use any products from this Website at your own risk.
The products sold on this Website are not intended to treat, cure, or prevent any condition or disease.
All products should be used strictly in accordance with their instructions, precautions, and guidelines. You should always check the product ingredients to avoid potential allergic reactions or other adverse events.
This Website is not meant to serve as a substitute for professional medical advice. Please consult with your own physician or health care practitioner regarding the use of any goods, products, or information received from the Website before using or relying on them. We do not provide any advice or answers to medical or healthcare-related questions and this Website does not replace any medical professional or medical resource. If any minor uses any goods or product purchased on this Website, it should only be after the legal or parental guardian has discussed the product with the minor's doctor. If you are pregnant, nursing, have a medical condition, or are taking any ongoing medication, please consult with a healthcare professional before using these products. We are not responsible for any adverse reactions that can occur as a result of your purchase or use of these products. IF YOU NEED MEDICAL ATTENTION FOLLOWING THE USE OF ANY PRODUCTS, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.
Please report any serious adverse events, defined as any event resulting in significant disfigurement, including serious and persistent rashes, second- or third-degree burns, significant hair loss, or persistent or significant alteration of appearance, to hello@bindaasbeautyco.com.
SECTION 4 - BILLING AND ACCOUNT INFORMATION
We may, in our sole discretion, limit, cancel, or modify orders, including, for example, orders that appear (in our sole judgment) to be placed by dealers, resellers, or distributors. In the event we modify or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. You agree to provide current, complete, and accurate purchase and account information for all purchases on our Website. You further agree to promptly update your account and other information, including your email address, billing address, phone number, and credit card information, so we can complete your transactions and contact you as needed.
Further, we reserve the right, in our sole discretion, to suspend, modify, or cancel your account for any reason.
SECTION 5 - THIRD-PARTY LINKS
Certain content, products and services available via our Website may include materials from third parties.
Third-party links on this Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content thereon and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions connected with any third-party websites. Please review the third party's policies and practices carefully and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the appropriate third party.
SECTION 6 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, whether at our request or not, you send certain submissions (for example, in response to contest entries), creative ideas, suggestions, reviews/testimonials, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium such materials or information that you forward to us. We are and shall be under no obligation (1) to maintain any materials or information in confidence; (2) to provide compensation for any materials or information; or (3) to provide you with any specific response or acknowledgments.
We may ask you for permission to use content you posted on Instagram or other social media, including photography, videos, captions, or related content. If you agree to let Bindaas Beauty LLC use that content, you agree Bindaas Beauty LLC will have the worldwide and perpetual right–but not an obligation–to reproduce, edit/repurpose, distribute, exhibit, and/or otherwise use that content in connection with its marketing efforts. Bindaas Beauty LLC will not have an obligation to compensate you for any such use. By providing your consent to us, you represent and warrant that no other person aside from you appears or is mentioned in such content, that you are the author of such content or otherwise have all the rights, that you actually used the products you tagged or mentioned in your post, that any statements, reviews, or testimonials are true and accurate and represent your current honest opinions or beliefs, and that you will clearly disclose any compensation or benefit you received from Bindaas Beauty LLC in exchange for using any product, posting any content, or mentioning or tagging any products (and grant us permission to do the same). We further reserve the right to make any edits or modifications to your content prior to our use.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. You are solely responsible for any content you provide and their accuracy. We take no responsibility and assume no liability for any content posted by you or by any other third party.
SECTION 7 - PERSONAL INFORMATION
Your submission of personal information, including cookies, is governed by our Privacy Policy.
SECTION 8 - LIMITATION OF LIABILITY
IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL BINDAAS BEAUTY LLC, OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOST BUSINESS, OR LOST SALES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE PRODUCTS, SERVICES OR THE CONTENT, MATERIALS, AND FUNCTIONS RELATED TO THIS WEBSITE. FURTHER, BINDAAS BEAUTY LLC SHALL NOT BE LIABLE FOR ANY CONTENT POSTED, TRANSMITTED, EXCHANGED, OR RECEIVED ON THIS WEBSITE.
IN THE EVENT YOU SUFFER ANY DAMAGES, THE TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE) ARISING FROM THE TERMS OF USE, YOUR USE OF THE WEBSITE, OR YOUR USE OF THE PRODUCTS, SHALL BE LIMITED TO TWENTY-FIVE US DOLLARS ($25).
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to certain users.
SECTION 9 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Bindaas Beauty LLC and any parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
SECTION 10 - SEVERABILITY
If any provision of these Terms of Use is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use. Any adverse determination as to one provision shall not affect the validity and enforceability of any other remaining provisions. As one non-exclusive example, some jurisdictions do not allow contracts to include certain provisions, limitations, and/or exclusions. Those provisions, limitations, and/or exclusions will not apply to users residing in that jurisdiction.
SECTION 11 - TERMINATION
You may terminate these Terms of Use at any time by ceasing use of our Website.
SECTION 12 – MANDATORY INFORMAL DISPUTE RESOLUTION; BINDING ARBITRATION AND CHOICE OF LAW
Disputes may, in many cases, be resolved efficiently and promptly through informal dispute resolution mechanisms. If you have a dispute requiring resolution, you hereby agree to contact Bindaas Beauty LLC by email at hello@bindaasbeautyco.com, providing the following information: (1) your name, telephone number, and the email address associated with your account with Bindaas Beauty, LLC, if any; (2) your counsel’s name and contact information if you are represented by counsel; and (3) a brief description of your claim and the relief you seek. You must include in the subject line of the email the following language: “Request for Informal Dispute Resolution.” We will reply to your email to set up a time to meet informally by telephone or video conference within 14 days, with the informal conference to be held within 60 days, of an email complying with the above requirements. You agree to meet and confer in good faith to attempt to reach a resolution during the informal dispute resolution process. If either party is represented by counsel, counsel may participate. All offers, promises, or statements made by either party will be held in the strictest of confidences and shall not be admissible or discoverable in any subsequent proceeding, provided that any evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the informal dispute resolution process. PLEASE NOTE, applicable statutes of limitations WILL NOT BE TOLLED during this mandatory sixty-day process.
ANY AND ALL UNRESOLVED DISPUTES BETWEEN YOU AND US FOLLOWING THIS INFORMAL DISPUTE RESOLUTION PROCESS WILL BE RESOLVED BY BINDING ARBITRATION. YOU HEREBY AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under these Terms of Use, except for matters that may be taken to small claims courts. Your rights will be determined by a single, neutral arbitrator, NOT a judge or jury. You agree that any dispute arising out of or relating to these Terms of Use or your purchase of any products shall be resolved by mandatory and binding arbitration submitted to the American Arbitration Association (“AAA”), in accordance with its most current Consumer Arbitration Rules. The award and/or determination of the arbitrator shall be final and binding on the parties, and judgment thereon may be entered in a court of competent jurisdiction.
Except as void under specific state law, any claim submitted to arbitration shall be made by filing a demand for arbitration within one (1) year of the date of discovery of the facts first giving rise to the claim. Any claim(s) not submitted within one (1) year shall be prohibited as untimely.
Place of Arbitration Hearings. Either party may elect to conduct the arbitration by telephone or written submission, but such arbitration shall be based in Los Angeles, California. If an in-person arbitration hearing is mutually agreeable and/or required by the arbitrator, such an in-person shall be conducted at an AAA facility in Los Angeles.
Governing Law. These Terms of Use shall be governed by and construed solely and exclusively in accordance with the laws of the State of California, USA, without giving effect to any law that would result in the application of the law of another jurisdiction.
Costs and Fees. If you elect to commence an arbitration, you may be subject to a filing fee pursuant to AAA’s then-current procedures. To the extent permitted by AAA procedures, each party shall bear its own costs and expenses and an equal share of the arbitrators’ and administrative fees of arbitration. We will remain responsible for our share of costs, expenses, and fees in addition to any costs, expenses, and fees required of us under AAA procedures.
Exceptions. Notwithstanding the arbitration clause herein, and except as void in certain states, you agree that we may bring suit in a federal or state court located in Los Angeles, California in cases of alleged infringement or other misuse of intellectual property rights or if your acts or conduct have subjected us to the imminent or reasonable risk of litigation from a third party.
No Class Action. Any arbitration, claim, or other proceedings by or between you and us shall be conducted individually and not through any class action, mass action, or consolidated or representative basis. You acknowledge and agree that these Terms of Use specifically prohibit you from commencing any proceedings as a representative of others. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
SECTION 13 - CONTACT INFORMATION
Questions about these Terms of Use, the Privacy Policy, our Shipping Policy, Refund Policy, or any other policy should be sent to us at hello@bindaasbeautyco.com.
Rev: 8/19/2024