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TERMS AND CONDITIONS
These Terms and Conditions are the official terms of use for Benefit’s website at www.benefitcosmetics.com (“Benefit’s Website”), at m.benefitcosmetics.com (“Benefit’s mobile Website”), on Benefit’s blog at blog.benefitcosmetics.com (“Benefit’s Blog”), and on Benefit’s applications (including Benefit’s microsites, social media sites, such as Facebook and Twitter, and Ratings & Reviews and Ask & Answer) (“Benefit’s Applications”), (collectively, the “Sites”). The content and services available on the Sites are provided to you by Benefit Cosmetics LLC (“Benefit”, “us”, “our”, “we”) subject to the following terms and conditions. Please also review our Privacy Policy, Community Guidelines and the other terms and policies you may find throughout our Sites in connection with certain functionality, ordering information or promotions. By accessing or using the Sites, you are acknowledging that you have read, understand, and agree to be bound by these Terms and Conditions, and the other guidelines, policies and terms posted on the Sites.
Benefit reserves the right to update or modify these Terms and Conditions at any time. When changes are made, we will make the revised version available on this webpage, and will update the “Last Updated” date, copied below. For this reason, we encourage you to review these Terms and Conditions whenever you purchase products from Benefit or otherwise use the Sites. By using these Sites, you agree to be bound by the Terms and Conditions posted on the Sites at the time of your access.
Third Party
Benefit may from time to time provide links to other websites or applications (collectively, "Third Party Websites") as a service to those interested in this information. Links to Third Party Websites may also be posted by third parties on Benefit’s Blog and on Benefit’s Applications. Benefit does not monitor, approve or have any control over any content located on Third Party Websites. The inclusion of any links to Third Party Websites does not imply any association or relationship between Benefit and the Third Party Website, and Benefit does not guarantee, endorse or adopt the accuracy or completeness of content on any Third Party Website. Benefit is not responsible for updating or reviewing content on Third Party Websites. You use Third Party Websites at your own risk. Links to Third Party Websites do not imply legal authority to use any protected rights of others reflected in the links. If you use any of these links, you will leave the Sites.
Certain functionality on the Sites may permit interactions that you initiate between the Sites and a third party web site or service ("social features") if you choose to use social features, information you post or provide access to may be publicly displayed on the Sites or by the provider of the social feature that you use. Similarly, if you post information on a third party platform that references the site (e.g., by using a hashtag associated with Benefit in a tweet or status update), your post may be published on our Sites in accordance with the terms of the third party web site or service. Also, both Benefit and the third party may have access to certain information about you and your use of the site and the third party site or service. In addition, we may receive information about you if other users of a third party web site give us access to their profiles and you are one of their "connections," or information about you is otherwise accessible through your "connection's" web page, profile page, or similar page on a social networking or other third party web site or interactive service. The information we collect in connection with social features is subject to Benefit’s Privacy Policy. The information collected and stored by the third party remains subject to the third party's privacy practices, including whether the third party continues to share information with us, the types of information shared, and your choices with regard to what is visible to others on that third party web site or service.
Use of Products and Services
The products and services available on the Sites, including any samples Benefit may provide to you, are for personal use only. All material and information presented by Benefit is intended to be used for personal educational or informational purposes only. The statements made about products have not been evaluated by the U.S. Food and Drug Administration and the results reported, if any, may not necessarily occur in all individuals. The statements and products are not intended to diagnose, 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 ingredients for products to avoid potential allergic reactions.
Use of the Sites is not meant to serve as a substitute for professional medical advice: these Sites are solely online stores for specialty beauty products. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Sites before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. Benefit does not give or intend to give any answers to medical related questions and these Sites do not replace any medical professional or medical resource. Benefit does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Sites.
You may not sell or resell any of products or services you purchase or otherwise receive from Benefit. Benefit reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you where Benefit, in its sole discretion, believes may result in the violation of these Terms and Conditions.
California's Proposition 65 entitles California consumers to special warnings for products that contain chemicals known to the state of California to cause cancer and birth defects or other reproductive harm if those products expose consumers to such chemicals above certain threshold levels. We care about our customers' safety and hope that the information below helps with your buying decisions.
We are providing the following warning for products linked to this page:
WARNING: This product contains chemicals known to the State of California to cause cancer and birth defects or other reproductive harm.
Refund Policy
For purchases made on Benefit’s Website, review the terms here.
For purchases made at Benefit Cosmetics boutiques, we exchange, or issue credit, for up to 30 days with valid proof of purchase. For a cash refund, original cash receipt is required and for refunds on a check it must be 10 days after purchase and posting. Returns after the 30 day period will be exchange only. Returns are not accepted after 45 days.
For purchases made at Benefit Cosmetics counters, consult the retailer’s return policy.
Copyright Policy
If you believe your work has been copied in a way that constitutes copyright infringement, please provide Benefit’s designated copyright agent (listed below) with the following written information in accordance with the Digital Millennium Copyright Act (17 U.S.C. 512 et seq.): 1. A physical or electronic signature of the person authorized to act on behalf of the copyright owner; 2. A description of the copyrighted work claimed to have been infringed; 3. A description of the material that you claim is infringing, and where it is located on the Sites; 4. Your address, telephone number, and email address; 5. A statement by you that you in good faith believe that the disputed use is not authorized by the copyright owner, its agent, or the law; 6. A statement that you consent to the jurisdiction of the United States District Court for the judicial district pertaining to your address, or if your address is outside of the United States, for any judicial district in which Benefit is located, and that you will accept service of process from the person who provided notification or an agent of such person; and 7. A statement by you, made under penalty of perjury, that the above information is accurate, and that you are authorized to act on behalf of the copyright owner.
If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from you, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and 4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Benefit’s Designated Agent for claims of copyright infringement can be reached at:
- Copyright Agent Benefit Cosmetics LLC
- 225 Bush Street, 20th Floor
- San Francisco, CA 94104
- Email: copyright@benefitcosmetics.com
- Fax: (415) 781-3930
Note: The above contact information is provided exclusively for notifying Benefit that copyright material may have been infringed. All other inquiries should be directed to our customer service by calling 800-781-2336 or using our online submission form.
Governing Law and Jurisdiction
These Terms and Conditions and all questions relating to the performance, interpretation, breach or enforcement of these Terms and Conditions, or the rights, obligations and liabilities of you and us under them are governed by the laws of the State of California.
Arbitration
You agree that exclusive jurisdiction for any dispute, claim, or demand related in any way to the Sites will be decided by binding arbitration. All disputes between you and Benefit of any kind or nature arising out of your use or enjoyment of the Sites, shall be submitted to Judicial Arbitration and Mediation Services, Inc. (“JAMS”) for binding arbitration under its rules then in effect in the State of California, before one arbitrator to be mutually agreed upon by both parties. The parties agree to share equally in the arbitration costs incurred. Any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
International Visitors and Shipping
We make no representation that materials contained on the Sites or products described or offered on the Sites are appropriate or available for use in jurisdictions outside the United States, or that these Terms and Conditions comply with the laws of any other country. Visitors who use the Sites and reside outside the United States do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access the Sites from any territory where its contents are illegal, and that you, and not Benefit are responsible for compliance with applicable local laws.
International orders may be subject to import taxes, customs duties and fees levied by your country’s customs department upon arrival. When ordering from BenefitCosmetics.com, the recipient of the shipment is the importer of record and is responsible for any of these import fees, as well as complying with all laws and regulations of the destination country. Benefit Cosmetics does not collect duties and taxes, and as smart as we are, we cannot predict what your particular charges may be. Customs policies vary widely from country to country, so please contact your local customs office for more information.
Fraud Protection Program
As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. Benefit reserves the right to refuse to process an order or refund due to suspected fraud or unauthorized or illegal activity. If such is the case, Benefit may reject your order or our Customer Service department may call you at the phone number you provided to confirm your order. We also reserve the right to cancel any accounts, refuse to ship to certain addresses, or withhold refunds or concessions due to suspected fraud or unauthorized or illegal activity. Benefit takes these measures to protect Benefit's customers as well as Benefit from fraud or other unauthorized or illegal activity.
No Reseller Activity
The products and services available on the Sites, including any samples Benefit may provide to you, are for personal use only. You may not sell or resell any of the products or services you purchase or otherwise receive from Benefit. We reserve the right, with or without notice, to cancel or reduce the quantity of any order or withhold refunds or concessions, in our sole discretion, to those individuals we believe may be engaged in suspicious reseller activity or are otherwise violating these Terms and Conditions. Among other things, we may suspect reseller activity based on factors such as order frequency, amount and quantity.
Comments, Feedback and Other Submissions
Benefit welcomes your comments and feedback regarding the Sites, and Benefit products and services. Any information, materials, suggestions, ideas or comments sent to Benefit will not be treated as confidential, proprietary or trade secret information and, by submitting such information, you are granting Benefit an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such information for any purpose whatsoever. Unless required by law, Benefit will not use your full name in connection with any such information, materials, suggestions, ideas or comments without your prior written consent.
