Términos del servicio
Welcome to the website of New Auriça Luxe Beauté LLC (“Auriça Luxe Beauté”) located at www.auricaluxebeaute.com, including all of its subdomains and subparts (collectively, “our website”). PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS OF USE (collectively with any amendments, "TERMS AND CONDITIONS") BEFORE PLACING AN ORDER OR USING THIS WEBSITE.
THIS WEBSITE IS OWNED AND OPERATED BY NEW AURIÇA LUXE BEAUTÉ LLC ("AURIÇA LUXE BEAUTÉ", "US", "WE" or "OUR"). THE TERMS AND CONDITIONS MAY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO BRING A LAWSUIT OR CLASS ACTION.
BY USING THIS WEB SITE AND/OR PLACING AN ORDER FOR AURIÇA LUXE BEAUTÉ’S PRODUCTS OR SERVICES, YOU AGREE TO BE BOUND AND ABIDE BY THESE TERMS AND CONDITIONS AND ANY AMENDMENTS THERETO, AND AGREE THAT YOU ARE AT LEAST THIRTEEN (13) YEARS OF AGE AND ELIGIBLE TO USE THIS SITE AND PLACE AN ORDER FOR AURIÇA LUXE BEAUTÉ’S PRODUCTS AND SERVICES.
IF YOU ARE BETWEEN THIRTEEN (13) AND SEVENTEEN (17) YEARS OF AGE, YOU MUST USE THIS SITE AND/OR PURCHASE AND USE AURIÇA LUXE BEAUTÉ’S PRODUCTS OR SERVICES ONLY WITH THE PERMISSION AND INVOLVEMENT OF YOUR PARENT OR GUARDIAN.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, PLEASE DO NOT USE OUR WEBSITE OR ORDER OR USE AURIÇA LUXE BEAUTÉ'S PRODUCTS OR SERVICES.
We may update or amend these Terms and Conditions from time to time to comply with law or to meet our changing business requirements without notice to you. Your continued use of our website after any such changes constitutes your acceptance of the new terms and conditions. Any updates or amendments will be posted on our website. The
Terms and Conditions displayed on our website at the time an order is accepted will apply to the order.
These Terms and Conditions govern and apply to your access to and use of our website, any order you place through our website, and all products and services we supply, produce, distribute, or market.
To the extent of any express inconsistency with any other agreement you may have with Auriça Luxe Beauté for products, services, or otherwise, that other agreement will prevail unless otherwise explicitly stated therein. If these Terms and Conditions refer or relate to a clause that is not part of that other agreement, then these terms will apply therein as well, if you are a user of our website.
When you use Auriça Luxe Beauté Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You must only use our website for lawful purposes, and you must not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of our website. You may not, without our prior written consent: (a) copy, reproduce, use, or otherwise deal with any content on our website; (b) modify, distribute, or re-post any content on our website for any purpose; or (c) use the content of our website for any commercial exploitation whatsoever.
In using our website, you further agree not to: (a) disrupt or interfere with the security of, or otherwise abuse, our website or any services, system resources, accounts, servers, or networks connected to or accessible through our website, or affiliated or linked sites; (b) disrupt or interfere with any other user's enjoyment of our website, or affiliated or linked Web sites; (c) upload, post, or otherwise transmit through or on our website any viruses or other harmful, disruptive, or destructive files; (d) use, frame, or utilize framing techniques to enclose any Auriça Luxe Beauté trademark, logo, or other proprietary information (including the images found at our website, the content of any text, or the layout/design of any page or form contained on a page) without Auriça Luxe Beauté's express written consent; (e) use meta tags or any other "hidden text" utilizing a Auriça Luxe Beauté name, trademark, or product name without Auriça Luxe Beauté's express written consent; (f) deep link to our website without Auriça Luxe Beauté's express written consent; (g) create or use a false identity on our website, share your account information, or allow any person besides yourself to use your account to access our website; (h) collect or store personal data about others; (i) attempt to obtain unauthorized access to our website or portions of it that are restricted from general access; and (j) post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise violative of any law. You also agree not to post any copyrighted material unless the copyright is owned by you or by Auriça Luxe Beauté.
In addition, you agree that you will comply with all applicable local, national, and international laws and regulations that relate to your use of or activities on our website. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our website. We have the right to remove any material or posting you make on our website if, in our sole opinion, such material does not comply with the content standards set out in these Terms and Conditions.
Content Uploaded to Our Website
In the event you upload any photographs, comments, video clips, or other media to our website (the "Uploaded Content"), Auriça Luxe Beauté has the exclusive right to use any and all such elements of the Uploaded Content in connection with and/or as part of its business, including in connection with and/or in any advertising in any and all media, including, without limitation, product packaging, printed publications, presentations, promotional materials, events, and associated marketing materials, television and cinema commercials, videos, or our website, in perpetuity throughout the world as Auriça Luxe Beauté in its sole discretion sees fit without further consent or payment. Auriça Luxe Beauté has all right, title, and interest in any and all results and proceeds from such use of the Uploaded Content. Auriça Luxe Beauté has the right to transfer the aforementioned rights to use the Uploaded Content to any third party, including, but not limited to, any of its subsidiaries or affiliated companies. Auriça Luxe Beauté may alter, adapt, or edit the Uploaded Content and any further material created under these Terms and Conditions, and market and exploit it entirely at Auriça Luxe Beauté's sole discretion. Auriça Luxe Beauté is not obliged to make any use of the Uploaded Content or exercise any of the rights granted by these Terms and Conditions.
Users of our website must only post Uploaded Content that is owned by, and features, themselves, and no other third parties.
Users posting Uploaded Content via a user profile must treat their login credentials and password confidentially and ensure that they are not shared with any third party that might jeopardize the security of their account and you agree to accept responsibility for all activities that occur under your login or password.
Changes to Our Website
Auriça Luxe Beauté may, in its sole discretion, terminate, change, modify, suspend, make improvements to, or discontinue any aspect of our website or any products available through or outside of our website, temporarily or permanently, including the availability of any features of our website or access to any parts of our website, at any time without notice to you, and you agree that Auriça Luxe Beauté will not be liable therefor.
The logos and product names described on our website are trademarks or registered trademarks of New Auriça Luxe Beauté LLC. Auriça Luxe Beauté trademarks may not be copied, imitated, or used, in whole or in part, without the prior written permission of Auriça Luxe Beauté or the rights holder. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Auriça Luxe Beauté, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Auriça Luxe Beauté.
Copyright Policy and Copyright Agent
It is Auriça Luxe Beauté's policy to respect the copyright and intellectual property rights of others. Auriça Luxe Beauté may remove content that appears to infringe the copyright or other intellectual property rights, including moral rights, of others. In addition, Auriça Luxe Beauté may terminate access by users who appear to infringe the copyright or other intellectual property rights of others. Further, Auriça Luxe Beauté complies with the Digital Millennium Copyright Act.
If you believe that Auriça Luxe Beauté or any user of our website has infringed your copyright in any material way, please notify Auriça Luxe Beauté, and provide the following:
an identification of the intellectual property right claimed to have been infringed;
an identification of the material that you claim is infringing so that we may locate it on our website;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the owner, their licensee, and agent of either of the foregoing, or the law;
a statement by you that the above information in your notice is accurate, made under penalty of perjury; and
that you are authorized to act on behalf of the owner of the intellectual property interest involved.
You agree to indemnify and hold harmless Auriça Luxe Beauté, its parents, subsidiaries, shareholders, officers, directors, employees, agents, and suppliers from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your use of our website, your violation of these Terms and Conditions, and your violation of any rights of a third party.
For questions about the products or services on our website, please use the Customer Service links found on each product page or section. For questions about orders placed through our website or otherwise, please use the Customer Service link in the email receipt you receive or by visiting the online Customer Service Center.
Product and Service Descriptions
We have taken reasonable precautions to try to ensure that all product descriptions, prices, and other information shown on our website are correct and fairly described. However, when ordering products or services through our website, please note that Auriça Luxe Beauté reserves the right not to accept any orders if there is a material error in the description of the product or service, or if the price advertised is incorrect. All prices are displayed in United States Dollars unless expressly indicated otherwise. Packaging may vary from that shown on our website. Any weights, dimensions, and capacities shown on our website are approximate only. All items are subject to availability and we will inform you as soon as reasonably possible if the product(s) you have ordered is not available.
Please also note that the terms of any products offered by Auriça Luxe Beauté and/or purchased by you, such as pricing, specifications, delivery times, and/or package contents are subject to change by Auriça Luxe Beauté by providing you advanced notice, including by posting notice of the change on our website or sending you an email to the address you provided at purchase.
Order and Payment Information
If you use our website or other means to purchase a product, payment must be received by Auriça Luxe Beauté prior to Auriça Luxe Beauté's acceptance of an order, unless otherwise agreed in advance by Auriça Luxe Beauté. All Auriça Luxe Beauté products are subject to sales tax which will be applied to your order total. Auriça Luxe Beauté may need to verify information you provide before Auriça Luxe Beauté accepts an order, and may cancel or limit an order any time after it has been placed. If payment has already been made and your order is cancelled or limited, Auriça Luxe Beauté will refund you any payment made for the product that will not be shipped due to cancellation or limitation of an order in the same tender as the original purchase. Auriça Luxe Beauté expressly conditions its acceptance of your order on your agreement to these Terms and Conditions.
Auriça Luxe Beauté reserves the right to refuse to sell products to any customer and/or reject any order. Auriça Luxe Beauté further reserves the right to place a buying limit or restriction on any order. Products purchased through our website are for personal use only, and not for resale. In ordering products through our website or otherwise, you agree to provide only true, accurate, current, and complete information. You hereby certify that any email account you provide to Auriça Luxe Beauté is registered to you. Auriça Luxe Beauté will have the right to bar your access to and use of our website if it has reasonable grounds to believe you have provided untrue, inaccurate, not current, or incomplete information to Auriça Luxe Beauté, or for any other reason it, in its sole discretion, deems appropriate. You agree that if you are ordering or purchasing products on behalf of a company, you have sufficient authority to bind that company to these Terms and Conditions. You agree that your placement of an electronic order on our website is sufficient to satisfy any applicable Statute of Frauds, and no further writing is required.
Auriça Luxe Beauté may reject orders where the stated delivery address is outside the United States. If stated, Auriça Luxe Beauté will add applicable shipping and handling fees.
Auriça Luxe Beauté's descriptions of, or references to, products not owned by Auriça Luxe Beauté on and outside of our website do not imply endorsement of that product, or constitute a warranty, by Auriça Luxe Beauté.
Auriça Luxe Beauté does not directly sell products in any jurisdiction other than the United States of America. While Auriça Luxe Beauté may choose to accept orders for the purchase of its products from non-residents of the U.S., the acceptance of such orders and the sale of such products will only be based on the following conditions precedent.
You agree that the purchase of any Auriça Luxe Beauté products by you, as a non-resident of the United States, will be (a) ex works Auriça Luxe Beauté's facilities in the U.S. per Incoterms 2010, with all title risk and loss in the products passing to you in the United States, and (b) for your own personal use only and not for further resale or distribution in any manner.
You hereby expressly authorize and direct Auriça Luxe Beauté to load and ship the purchased products to you to your designated ship to destination, and to contract on your behalf with a common carrier or courier company for that purpose.
You are the principal importer of record and will undertake responsibility for all applicable taxes, shipping, customs clearance, duties, and import requirements from Auriça Luxe Beauté's facilities in the U.S. to your foreign ship to destination.
The United Nations Convention on the International Sale of Goods will not apply to any purchase or sale, and Auriça Luxe Beauté expressly opts out of such application.
All orders are processed and shipped on business days only, Monday through Friday, excluding major holidays. Orders placed on Saturday and Sunday will be processed on the following business day. Although Auriça Luxe Beauté may provide delivery or shipment timeframes or dates, you understand that those are Auriça Luxe Beauté's good-faith estimates and may be subject to change. You further understand that product availability may be limited and particular products may not be available for immediate delivery, in which case the products will be delivered when they become available. Auriça Luxe Beauté will not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery.
Shipping and handling charges will apply and increase with the value of your order as disclosed on the Shipping Information page at our website. Shipping and handling charges are subject to change. We currently are unable to accept orders billed or shipped to destinations outside the United States and Canada. Freight charges for orders shipped to Canada will be based on actual postage rates.
Disclaimer of Warranties
ALTHOUGH AURIÇA LUXE BEAUTÉ STRIVES TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO OUR WEBSITE, AURIÇA LUXE BEAUTÉ DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS THAT OUR WEBSITE IS FREE OF DESTRUCTIVE MATERIALS. IN ADDITION, AURIÇA LUXE BEAUTÉ DOES NOT WARRANT THAT ACCESS TO OUR WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED.
AURIÇA LUXE BEAUTÉ DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH OUR WEBSITE WILL BE MAINTAINED. TO THE EXTENT ALLOWED BY LAW, AURIÇA LUXE BEAUTÉ DISCLAIMS ALL WARRANTIES AND CONDITIONS NOT EXPLICITLY STATED HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
The terms of this section apply to the extent permitted by law and survive any termination of the Terms and Conditions.
Limitations on Liability
WE EXCLUDE ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND TERMS (WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW, OR OTHERWISE) TO THE FULLEST EXTENT PERMITTED BY LAW.
IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, WILL AURIÇA LUXE BEAUTÉ OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES, CLAIMS, OR LOSSES INCURRED (INCLUDING, WITHOUT LIMITATION, COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH (A) OUR WEBSITE; (B) THE USE OR INABILITY TO USE OUR WEBSITE; (C) THE USE OF OR RELIANCE ON ANY CONTENT OR INFORMATION DISPLAYED IN OR ON OUR WEBSITE; (D) THE PURCHASE OR USE OF ANY PRODUCTS THROUGH OUR WEBSITE OR OTHERWISE; (E) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED; (F) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS; OR (G) OTHERWISE UNDER THESE TERMS AND CONDITIONS, WHETHER OR NOT REASONABLY FORESEEABLE, EVEN IF AURIÇA LUXE BEAUTÉ OR ITS REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES, AND
NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AURIÇA LUXE BEAUTÉ'S LIABILITY TO YOU FOR ANY CAUSE OF ACTION OR CLAIM WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU IN THE LAST NINETY (90) DAYS TO AURIÇA LUXE BEAUTÉ FOR ANY PRODUCTS SUPPLIED BY AURIÇA LUXE BEAUTÉ THROUGH YOUR USE OF OUR WEBSITE OR OTHERWISE.
AURIÇA LUXE BEAUTÉ WILL NOT BE LIABLE IN ANY AMOUNT FOR FAILURE TO PERFORM ANY OBLIGATION UNDER THESE TERMS AND CONDITIONS IF SUCH FAILURE IS CAUSED BY THE OCCURRENCE OF ANY UNFORESEEN CONTINGENCY BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET OUTAGES, COMMUNICATIONS OUTAGES, FIRE, FLOOD, OR WAR.
THESE EXCLUSIONS WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAW OF CALIFORNIA. IF ANY PROVISION OR PART-PROVISION OF THESE TERMS AND CONDITIONS IS DECLARED INVALID, UNLAWFUL, VOID, OR FOR ANY REASON UNENFORCEABLE, IT WILL BE DEEMED SEVERABLE AND WILL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF THE REMAINING PROVISIONS OF THESE TERMS AND CONDITIONS.
The terms of this section survive any termination of the Terms and Conditions.
Our website is controlled, operated, and administered by Auriça Luxe Beauté from its offices in California within the United States of America. Auriça Luxe Beauté makes no representation that materials on our website are appropriate or available for use at other locations outside of the United States, and access to them from territories where the contents or products available through our website are illegal is prohibited. You may not use our website or export the Content or products in violation of United States export laws and regulations. If you access our website from a location outside of the United States, you are responsible for compliance with all local laws.
Notwithstanding any of these Terms and Conditions, Auriça Luxe Beauté reserves the right, without notice and in its sole discretion, for any reason or no reason, to terminate your ability to use our website and to block and prevent future access to and use of our website. You agree that Auriça Luxe Beauté will not be liable for any termination of your use of or access to our website.
Only you and Auriça Luxe Beauté will be entitled to enforce these Terms and Conditions. No third party will be entitled to enforce any of these Terms and Conditions, except as provided in this section. If Auriça Luxe Beauté assigns, transfers, or sub-contracts any of our rights or obligations under these Terms and Conditions to any third party, in writing, such third party may enforce those Terms and Conditions that are assigned, transferred, or sub-contracted.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM (INCLUDING CART REMINDERS) TERMS AND CONDITIONS
(a). When you opt-in to the service, we will send you an SMS message to confirm your signup. (b). Our messaging service will be used for marketing communications (including company updates, events, sales, shopping cart reminders, etc.) (c). You can cancel the SMS service at any time. Just text "STOP" to the short code. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again. (d). If at any time you forget what keywords are supported, just text "HELP" to the short code. After you send the SMS message "HELP" to us, we will respond with instructions on how to use our service as well as how to unsubscribe. (e). We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Symmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). ***Carriers are not liable for delayed or undelivered messages*** (f). As always, message and data rates may apply for any messages sent to you from us and to us from you. Frequency of messages may vary. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about the services provided by this short code, you can send an email to email@example.com
If any provision of these Terms and Conditions, or part thereof, is deemed invalid, unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision, or part thereof, will be deemed severable from the rest of these Terms and Conditions and will not affect the validity and enforceability of any remaining provisions or part thereof.
The terms of this section survive any termination of the Terms and Conditions.
It is the express intent of the parties that the Terms and Conditions and all related documents have been drawn up in English.
DISPUTES, BINDING INDIVIDUAL ARBITRATION, AND WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS
Binding Arbitration. You and Auriça Luxe Beauté further agree to arbitrate all Disputes between the parties pursuant to the provisions in these Terms and Conditions of Use. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JUDGE OR JURY IN A COURT PROCEEDING AND YOUR GROUNDS FOR APPEAL ARE LIMITED. You and Auriça Luxe Beauté further agree that (a) this Agreement memorializes a transaction in interstate commerce; (b) the Federal Arbitration Act (9 U.S.C. §1, et seq.) governs the interpretation and enforcement of this section; and (c) this section will survive termination of this Agreement. The arbitrator may award you the same damages as a court sitting in proper jurisdiction could, and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. In addition, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. The decision of the arbitrator will be final and enforceable by any court with jurisdiction over the parties.
Small Claims Court. Notwithstanding the foregoing, you may bring an individual action in the small claims court of your state or municipality if the action is within that court's jurisdiction and is pending only in that court. Auriça Luxe Beauté does not hereby waive any defense and expressly reserves its right to assert any defense available to it, whether jurisdictional or otherwise.
Dispute Notice. In the event of a Dispute, you or Auriça Luxe Beauté must first send to the other party a notice of the Dispute that includes a written statement that sets forth the name, address, and contact information of the party giving notice, the facts giving rise to the Dispute, and the relief requested (the "Dispute Notice"). The Dispute Notice to Auriça Luxe Beauté must be addressed to: Auriça Luxe Beauté, 25060 Hancock Ave. 245, Murrieta CA, 92561, Attn: Legal Officer (the "Auriça Luxe Beauté Notice Address"). The Dispute Notice to you will be sent by certified mail to the most recent address we have on file or otherwise in our records for you. If Auriça Luxe Beauté and you do not reach an agreement to resolve the Dispute within sixty (60) days after the Dispute Notice is received, you or Auriça Luxe Beauté may commence an arbitration proceeding pursuant to this section. Following submission and receipt of the Dispute Notice, each of us agrees to act in good faith to seek to resolve the Dispute before commencing arbitration.
WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS. YOU AND AURIÇA LUXE BEAUTÉ AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING, WITHOUT LIMITATION, FEDERAL OR STATE CLASS ACTIONS, OR CLASS ARBITRATIONS. ACCORDINGLY, UNDER THE ARBITRATION PROCEDURES OUTLINED IN THIS SECTION, AN ARBITRATOR WILL NOT COMBINE OR CONSOLIDATE MORE THAN ONE PARTY'S CLAIMS WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES TO AN ARBITRATION PROCEEDING.
Arbitration Procedure. If a party elects to commence arbitration, the arbitration will be governed by the Expedited Arbitration Procedures of Judicial Arbitration and Mediation Services (JAMS) in effect at the time the arbitration is initiated (the "JAMS Procedures"), available at http://www.jamsadr.com or by calling 1-800-352-5267, and under the rules set forth in this section. The parties expressly agree that JAMS may not administer any multiple claimant or class arbitration, as the parties agree that the arbitration will be limited to the resolution of individual claims only. If there is a conflict between the JAMS Procedures and the rules set forth in this section, the rules set forth in this section will govern. You may, in arbitration, seek any and all remedies otherwise available to you pursuant to federal, state, or local laws. All Disputes will be resolved by a single neutral arbitrator, and both parties will have a reasonable opportunity to participate in the selection of the arbitrator. The arbitrator is bound by the terms of this section. The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms and Conditions, including, but not limited to, any claim that all or any part of these Terms and Conditions is void or voidable. Notwithstanding this broad delegation of authority to the JAMS arbitrator, a court may determine the limited question of whether a claim or cause of action is for (a) trade secret misappropriation; (b) patent infringement; (c) copyright infringement or misuse; or (d) trademark infringement or dilution, each of which are excluded from the definition of "Dispute" as stated above. The arbitrator will be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. You may choose to engage in arbitration hearings by telephone. Arbitration hearings not conducted by telephone will take place in a location reasonably accessible from your primary residence, or in Los Angeles County, California, at your option.
Initiation of Arbitration Proceeding. If either you or Auriça Luxe Beauté decide to arbitrate a Dispute, the parties agree to the following procedure:
Write a Demand for Arbitration. The Demand must include a description of the Dispute and the amount of damages sought to be recovered 3("Demand for Arbitration"). You can find a sample demand for arbitration at http://www.jamsadr.com.
Send three copies of the Demand for Arbitration, plus the appropriate filing fee, to:
3800 Concours St
Empire Tower IV, Suite 320
Ontario, CA 91764, U.S.A.
Send one copy of the Demand for Arbitration to the other party at the same address as the Dispute Notice, or as otherwise agreed to in advance by the parties.
Hearing Format. In all hearing formats, the arbitrator will issue a written decision that explains the essential findings and conclusions on which an award, if any, is based. During the arbitration, the amount of any settlement offer made by Auriça Luxe Beauté or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Auriça Luxe Beauté is entitled. The discovery or exchange of non-privileged information relevant to the Dispute will be governed by the JAMS Optional Expedited Arbitration Procedures.
Arbitration Fees. Auriça Luxe Beauté will pay, or (if applicable) reimburse you, for all JAMS filing, administration, and arbitrator fees for any arbitration commenced (by you or Auriça Luxe Beauté) pursuant to provisions of this section.
Opt-out. You may elect to opt-out (exclude yourself) from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in this Agreement by sending a written letter to the Auriça Luxe Beauté Notice Address, within thirty (30) days of your first visit to and use of our website, that specifies your (a) name; (b) mailing address; and (c) request to be excluded from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in this section. In the event you opt-out consistent with the procedure set forth above, all other terms and conditions in this Agreement will continue to apply, including the requirement to provide notice prior to arbitration.
Amendments to this section. Notwithstanding any provision in this section to the contrary, you and Auriça Luxe Beauté agree that if Auriça Luxe Beauté makes any future amendments to the dispute resolution procedure and class action waiver provisions in this section (other than a change to the parties’ addresses), Auriça Luxe Beauté will post notice of such amendments on the website and you will have thirty (30) days from your first visit to or use of our website containing such amendments to affirmatively opt-out of any such amendments. If you affirmatively opt-out of any future amendments, you agree you will arbitrate any Dispute between us in accordance with the language of this section as stated in this current Agreement, without any of the proposed amendments governing. If you do not affirmatively opt-out of any future amendments, you will be deemed to have consented to such future amendments.
Severability. If any provision in this section is found to be unenforceable, that provision will be severed with the remainder of these Terms and Conditions remaining in full force and effect. The foregoing will not apply to the prohibition against class or representative actions; if the prohibition against class or representative actions is found to be unenforceable, this entire section will be null and void. The terms of this section will otherwise survive any termination of these Terms and Conditions.
Exclusive Venue for Other Controversies
Auriça Luxe Beauté and you agree that any controversy excluded from the dispute resolution procedure and class action waiver provisions in these Terms and Conditions (other than an individual action filed in small claims court) will be filed only in the Superior Court of Los Angeles County, California, or the United States District Court for the Central District of California, and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy.
The terms of this section survive any termination of the Terms and Conditions.
SMS/MMS Mobile Message Marketing Program Terms and Conditions
The Program allows Users to receive SMS/MMS mobile messages by opting into the Program, such as through online or application-based subscription forms. Your consent to receive automated marketing text messages is not required as a condition of purchasing any goods or services. Regardless of the opt-in method you used to join the Program, you agree that this Agreement applies to your participation in the Program. If you have opted in, the Program provides updates, alerts, information, promotions, specials, and other marketing offers (e.g., product discounts) from Aurica Luxe Beaute via text messages through your wireless provider to the mobile number you provided. SMS/MMS mobile messages may be sent using an automated telephone dialing system or other technology. Message frequency varies. You are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP to any mobile message from Us in order to opt-out of the Program. You may receive an additional mobile message confirming your decision to opt-out. You understand and agree that the preceding options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
For any questions please text "HELP" to the number you received the messages from. You can also contact us for more information. If you wish to opt-out please follow the procedures above.
We may change any telephone number we use to operate the Program at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Program are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. You agree to maintain accurate, complete, and up-to-date information with us related to your receipt of messages, including, without limitation, notifying us immediately if you change your mobile number.
You agree to indemnify, defend, and hold us harmless from any third-party claims, liability, damages, or costs arising from your use of the Program or from you providing us with a phone number that is not your own. If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the Opt-Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a required part of these terms and conditions. You further agree that, if you change your telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the SMS/MMS mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
You agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Program, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18), and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Other important terms
These Terms and Conditions supersede any other terms and conditions previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise. We may assign, transfer, or sub-contract any of our rights or obligations under these Terms and Conditions to any third party at our discretion. No delay by us in exercising any right or remedy under these Terms and Conditions will operate as waiver of that right or remedy or will affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.
Last updated and effective: December 31, 2021