Terms and Conditions
Effective date: 5 November 2014
- Terms & Conditions (USA)
- Jurlique may present information and content, including but not limited to, articles, opinions, text, statistics, data, product information, time stamps, software applications, commentary, advertisements, graphics, photographs, illustrations, calendars, designs, games, reviews, video and audio files, buttons, icons, programs and code, in addition to User Generated Content (as defined herein) (collectively, "Content"), that is owned or licensed by the Company. The Services may also include materials, applications and information owned by third parties and made available through the Services by virtue of a license, grant or some other form of agreement between the third party and Jurlique.
Jurlique is not responsible for inaccurate information provided through the Services and makes no representations as to the accuracy, reliability, timeliness or completeness of Content, including without limitation the availability, description or effectiveness of any product. Jurlique does not assume any liability for any loss that may result from the reliance by any person upon any Content provided on through the Services.
- Through the Services, you may be able to review Content, set up a user account, upload and download files, register for membership, make purchases, sign up for contests, communicate and establish relationships with other users, and post photographs, video and audio clips, reviews, information, opinions and comments. Jurlique reserves the right to change, suspend and discontinue any aspect of the Services at any time including, but not limited to, the nature of the Services offered, databases, hours of availability, and software needed for access or use. Notwithstanding anything herein to the contrary, Jurlique reserves the right to permit or restrict any user’s access to the Services in its sole and absolute discretion, including the termination of user accounts.
User Generated Content. Jurlique does not endorse or have any control over User Generated Content submitted by you or others and accepts no responsibility whatsoever in connection with or arising from any content posted by any user. User Generated Content submitted through the Services is not necessarily reviewed by the Jurlique prior to posting or at any time. If the Company chooses, in its sole discretion, to monitor any Forums, the Company nonetheless assumes no responsibility for User Generated Content, no obligation to modify or remove any inappropriate or inaccurate User Generated Content, and no responsibility for the conduct of the user submitting any User Generated Content.
Certain portions of the Services may offer you the ability to send (by e-mail or otherwise) messages directly to Jurlique or another user. The Company shall have no liability for any delay, loss or damage that may result from your use of such features or from interception or unauthorized use by third parties of any information you send through our systems. You are solely responsible for your interactions with other users on and through the Services.
User Disputes. Jurlique reserves the right - but has no obligation to monitor - disputes between users. In the event a dispute arises between you and Jurlique or any third party, please e-mail the Company at CustomerCare@Jurlique.com and we will work quickly towards a resolution. Jurlique will attempt to address all complaints pertaining to illegal, harassing, offensive, fraudulent or otherwise inappropriate conduct or activity. However, we encourage you to immediately report threatening or illegal third party conduct to local law enforcement.
Ownership and Use of Content. Except as otherwise set forth herein, as between you and Jurlique, all Content is owned by Jurlique and is protected by worldwide copyright laws and treaty provisions, unless otherwise indicated. You may make and use printouts of the Content for your personal, non-commercial use only, provided that the printouts retain all copyright, trademark and other proprietary notices. Use of the Content on any other website or in a networked computer environment for any purpose, or any other republication or redistribution of the Content, including, without limitation, framing the Content within another website, is expressly prohibited without the prior written permission of Jurlique. Please contact us at CustomerCare@Jurlique.com with any licensing inquiries.
In addition to the above, except as described by the limited licenses herein, or required by law, neither Content nor any portion of the Serviced may be used, reproduced, duplicated, copied, sold, resold, modified or exploited in whole or in part for any purpose without the express written consent of Jurlique.
By providing information or posting Content through the Services, you hereby grant the Company a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free right and license to use, copy, edit, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, create derivative works from and edit any such Content for any purpose, commercial, advertising, or otherwise, on or in connection with any product, the Services or the promotion thereof. Jurlique does not assert ownership over your User Generated Content; rather, as between us and you, subject to the rights granted to us herein, you retain full ownership of User Generated Content created by you.
Notwithstanding the foregoing, you hereby waive all rights to any claims against Jurlique for alleged or actual infringements of any intellectual property rights, proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Content. By submitting User Generated Content on or through the Services, you represent to the Company that such content is original, you are its rightful owner or that you have first obtained permission from the rightful owner to submit it, and that you have the authority to assign and license to the Company the rights described herein. You acknowledge that the Company has detrimentally relied upon this representation. Accordingly, you further agree to defend, hold harmless and indemnify the Company, its parents, affiliates and subsidiaries, together with their respective employees, agents, officers, directors, shareholders and licensees (the "Jurlique Parties”), from and against any and all threats and claims of alleged or actual infringements of any intellectual property rights, proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution raised any third party against the Jurlique Parties in connection with your User Generated Content.
Furthermore, you agree to release the Jurlique Parties from any and all liability and obligations whatsoever in connection with, or arising from, your use of the Services and the use by Jurlique of User Generated Content provided by you. If at any time you are not happy with any aspect of the Services or you object to any Content, your sole remedy is to cease using them.
Limitation of Use. You agree that you will neither post nor submit any User Generated Content that:
- is unlawful, threatening, obscene, vulgar, pornographic, profane or indecent, including any communication that constitutes (or encourages conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law;
- violates the copyright, trademark or other intellectual property rights of any other person or Jurlique;
- is false, inaccurate or misleading or improperly assumes or claims the identity, characteristics or qualifications of another person;
- imposes an unreasonable or disproportionately large load on any infrastructure supporting the Services;
- is for the purpose of spamming or promoting goods or services without our prior authorization;
- is fraudulent or involves the distribution or sale of illegal, counterfeit, or stolen items;
- contains any virus, Trojan horse, worm, time bomb, cancelbot, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, or other harmful component; or
- is libelous or invasive of privacy or publicity rights or any other third party rights.
Furthermore, Jurlique grants you a limited, revocable and non-exclusive license to access and make personal use of the Site, and you acknowledge and agree that you will not: (i) conduct yourself in any manner that may result in disputes, arguments or altercations with other users of the Services or any third parties that you encounter as a result of using the Services; (ii) collect or store personal information about other users of the Services, including collecting user names or e-mail addresses of users by electronic or other means for the purpose of sending unsolicited e-mail, (iii) upload, e-mail or otherwise transmit any material or User Generated Content that contains viruses or any other computer code, files or programs that might interrupt, limit or interfere with the functionality of any computer software, hardware, database or file that is owned, leased or used by Jurlique, the Services, or their users; or (iv) submit unwanted messages by e-mail or otherwise or post User Generated Content that disparages or insults any user or Jurlique.
The Digital Millennium Copyright Act of 1998 ("DMCA”). The DMCA provides recourse to those who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by us infringe your copyright, you may provide our Copyright Agent with a written notice pursuant to the DMCA requesting that we remove the material or block access to it. The notice must include the following information:
- Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Services are covered by a single notification, a representative list of such works);
- Identification of the material that is claimed to be infringing or the subject of infringing activity and that is to be removed or access to which is to be disabledand information reasonably sufficient to allow us to locate the material on the Services;
- Your name, address, telephone number, and email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate and under penalty of perjury, you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that your User Generated Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your User Generated Content, the DMCA permits you to send a counter-notice to our Copyright Agent containing the following information:
- 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 disabled;
- A statement that you have a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the State of California, and a statement that you will accept service of process from the person who provided the original DMCA notification of the alleged infringement or an agent of such person.
If a counter-notice is received by Jurlique's designated Copyright Agent, Jurlique may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed User Generated Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the user who provided the User Generated Content, the removed User Generated Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Jurlique's sole discretion.
You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
We strongly recommend that you consult your legal advisor before filing a notice or counter-notice. Also, please be aware that penalties may apply for false claims under the DMCA.
Intellectual Property. Jurlique and third party trademarks and service marks may or may not be designated as such from time-to-time through the SM, TM or ® symbols. Except when included in any authorized printouts of the Content, you are not authorized to make use of any names, logos or taglines posted through the Services, whether or not designated by such symbols, including without limitation as metatags or in any other fashion without the express prior written permission of the Company in each instance. Nothing herein grants you any right, title or interest in any Jurlique names, trade names, trademarks, service marks, taglines, logos, patents, patent applications, formulas, technology or designs (whether or not the subject of a patent application) (together, "Jurlique IP”). At no time during or after the term of this Agreement shall any user, either directly or through any third party or agent (i) challenge or assist others to challenge the Jurlique IP or the registration thereof; (ii) attempt to use or register any designs, trademarks, marks, trade names, or trade dress confusingly similar to the Jurlique IP, or domain names incorporating any of the same; or (iii) incorporate any Jurlique IP into any third party designs, trademarks, product names, service marks, company names, domain names, or any other similar designations, without the prior written consent of the Company. If, at any time, you acquire any rights in, or domain name, trademark or service mark registrations or applications for, any Jurlique marks, names or designations by operation of law or otherwise, you will immediately upon request from Jurlique, and at no expense to Jurlique, assign such rights, registrations and applications to Jurlique or its designee.
Registration and Security. In connection with your use of the Services, you may establish or otherwise receive Jurlique user IDs, passwords and other security codes ("User Codes") that you may need in order to access and use certain portions of the Services.
You agree to provide true, accurate, current and complete information about yourself as prompted by any registration forms ("Registration Information") and maintain and promptly update the Registration Information to keep it true, accurate, current and complete. You hereby authorize Jurlique, directly or through third parties, to make any inquiries we consider necessary to validate your Registration Information. Jurlique reserves the right to pursue legal actions against all persons who misrepresent personal information in any transactions or are otherwise untruthful about their identity, and to suspend or cancel accounts registered with inaccurate or incomplete information. Notwithstanding the foregoing, you acknowledge that Jurlique cannot guarantee the accuracy of any information submitted by any user, nor any identity information about any user.
You are responsible for maintaining the confidentiality of your User Codes. You agree that you will be fully responsible for all activities that occur utilizing your User Codes, and that Jurlique has no duty to inquire as to the authority or propriety of instructions provided via your User Codes, or to otherwise verify the identity of anyone using your User Codes. You agree that Jurlique shall not be responsible for damages or losses resulting from any breach of security caused by loss or your failure to maintain the confidentiality of your User Codes. If you permit access to your User Codes by third parties, then you agree to defend, indemnify and hold Jurlique harmless against any liability, losses, damages or costs and expenses (including attorneys' fees) arising out of, or resulting from, such access and related use of the Services. You also agree to immediately notify Jurlique if you become aware of any loss or theft of your User Codes or any unauthorized use of your User Codes. Jurlique reserves the right to block your User Codes for any reason.
For your protection, Jurlique may require the use of encryption technologies for certain types of communications conducted through the Services. While we may provide those technologies and might use other reasonable precautions to protect confidential information and provide suitable security, we do not guarantee or warrant that information transmitted through the internet or any data network is secure, or that such transmissions will be free from delay, interruption, interception or error.
Site Transactions. Your use of the Services to purchase merchandise indicates your agreement to follow and to be bound by the terms and conditions related to the sale of merchandise set forth in these Terms and Conditions. If you do not want to accept the terms and conditions related to the sale of merchandise, please do not purchase merchandise from the Services. Products offered through the Services are offered subject to availability. All orders are subject to email confirmation from us. We do not accept any backorders. We also only allow a maximum of eight (8) items of any specific product per order. While we do our best to ensure that product and pricing information is current and complete, Jurlique is not liable for inaccurate information or for any information that has been omitted or is out of date. Prices for products are quoted in US dollars and are valid only in the continental United States, Alaska and Hawaii. Jurlique may, from time to time, offer promotions for shipping and other discounts on product purchases. We reserve the right to suspend any such promotions, update product information, change prices and adjust shipping and handling fees at any time without notice. Furthermore, we reserve the right to change, limit, refuse or cancel any order you place with us in our sole discretion. In the event we make a change to or cancel an order, we will attempt to notify you using the contact information provided at the time the order was made.
Any Samples provided are for personal use only. You may not sell or resell any of the products, or samples thereof, you purchase or otherwise receive from us.
By entering into any transaction through the Services, you warrant and represent that all information you provide is true and correct (including, without limitation your credit card information and billing address), that any credit card transactions submitted by you are authorized, and that you are the legal holder of any credit card or payment account used to enter into any transaction through the Services. Furthermore, you warrant and represent that you are not a dealer, reseller or distributor. If, in our sole discretion, we determine that (a) your means of payment is not valid, (b) a transaction is not authorized, (c) your means of payment cannot be processed or verified at the time of any charge (d) a charge is disputed for any reason other than failure by Jurlique to deliver the product purchased by you, (e) you have abused or misused promotions or promotion codes, or (f) you have otherwise used the Services to enter into an improper transaction, the Company reserves the right to immediately terminate any pending transactions, suspend your access to the Services, and terminate all of Jurlique's obligations hereunder. Notwithstanding anything herein to the contrary, you agree that any formal payment dispute lodged with any bank, merchant services provider, credit card or payment card company, or any third party discount provider shall be invalid unless (x) you notify Jurlique within 60 days from date of the applicable transaction that you wish to dispute any charge relating thereto, and (y) that you have made reasonable, good faith efforts to resolve such dispute with Jurlique directly, and such efforts have failed. You can e-mail details regarding your dispute to CustomerCare@Jurlique.com.
- Once your order has been accepted, Jurlique will process your order by packing and arranging for delivery of the goods to you.
Jurlique will determine the most appropriate means of delivering goods to you depending on your location and any election of delivery method received from you where the Services permit such an election.
Depending on your location within the United States of America, the delivery time will usually be within 2 to 6 business days from the time that Jurlique processes your order. We cannot guarantee or provide a day of the week or time of day for delivery.
We accept no responsibility for deliveries to incorrect or incomplete addresses provided by customers. If you provide an incorrect address and delivery is completed, you will be responsible for the purchase. If you provide an incorrect address and delivery is not completed, the order will be returned to us and you will be responsible for any charges incurred in re-delivering the goods to the correct address.
Risk and title in goods purchased from the Company will pass to you upon delivery of the goods at your nominated delivery address. We accept no responsibility for damage caused to goods after delivery.
Prices and Payments. You agree to pay all charges and fees applicable to your transaction, including without limitation, sales taxes and shipping and handling, in accordance with the billing terms that were in effect at the time the charges or fees became payable. Jurlique reserves the right to change the amount of, or the basis for determining, any charges or fees and to institute new charges or fees (such new charges or fees will only be instituted with prior notice to you).
Returns. Returns must be made within 30 days of your receipt date for a refund. All merchandise must be accompanied by the packing list. We will not accept any returns where more than 30% of the product has been used.
Please email CustomerCare@Jurlique.com or call 1(800) 854-1110 to receive a Return Authorization Number and reference your www.jurlique.com order number in your request.
Only products purchased on www.jurlique.commay be returned for refund. Jurlique products purchased from all other locations must be returned to their original point of purchase. No refunds or exchanges can be given on promotional items. There are no cash refunds and we do not credit or refund charges for shipping or handling. Customers are responsible for the return shipping & handling charges. We suggest adding insurance to your parcels through your preferred mail delivery service. All returns will be credited back to the original credit card used at time of purchase within 10 - 12 business days of our warehouse receiving your return.
Cancellation Policy. Orders cannot be cancelled once placed online. Online orders are sent to our warehouse, where they immediately enter the order fulfilment process. However, you may return orders for a refund as specified under our Return Policy, above.
- Not all of the Services are available in all geographic areas, and we reserve the right to restrict any user from the Services at any time, without notice. The Services are not directed at, or intended for distribution to or for use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or any non-United States jurisdiction or country that would subject Jurlique or its licensees or affiliates to any registration requirement within such jurisdiction or country.
NO WARRANTY. THE SERVICES AND CONTENT ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WHICH ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE TO ANY USER FOR ANY ACTS OF FRAUD, THEFT, MISAPPROPRIATION, TAMPERING, HACKING, INTERCEPTION, PIRACY, MISUSE, MISREPRESENTATION, DISSEMINATION, OR OTHER ILLEGAL OR UNAUTHORIZED ACTIVITIES OF THIRD PARTIES. YOU UNDERSTAND AND EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES AND THE CONTENT IS AT YOUR SOLE RISK, THAT ANY AND ALL CONTENT, MATERIAL AND DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE SERVICES ARE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU, YOUR PROPERTY OR ANY THIRD PARTY OR THEIR PROPERTY ARISING FROM USE OF THE SERVICES OR THE CONTENT. JURLIQUE SHALL NOT BE RESPONSIBLE FOR SHIPPING OR FULFILLMENT DELAYS, THE CANCELLATION OF ANY TRANSACTION OR THE UNAVAILABILITY OF ANY PRODUCT.
TO THE EXTENT THAT THE APPLICABLE LAW DOES NOT PERMIT THE DISCLAIMER OF WARRANTIES, THE PRODUCTS, SERVICES AND CONTENT ARE WARRANTED ONLY TO THE MINIMUM AMOUNT LEGALLY REQUIRED.
YOU AGREE THAT NO CLAIMS OR ACTION ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE.
Consent to Receive Notices Electronically by Posting on the Site and Via Email
You consent to receive any agreements, notices, disclosures and other communications (collectively, "Notices") to which these Terms and Conditions refer from us electronically including without limitation by e-mail or by posting notices on this website. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by emailing us at CustomerCare@Jurlique.comand discontinue your use of the service. In such event, all rights granted to you pursuant to these Terms and Conditions shall automatically terminate.
The Website is maintained by Jurlique Holistic Skin Care Inc.