These Terms of Sale apply to all purchases made by U.S. customers directly from BUXOM Cosmetics, including by internet or phone. By placing an order, you accept and agree to be bound to the terms and conditions of these Terms of Sale.
PLEASE REVIEW THESE TERMS OF SALE CAREFULLY AS THIS DOCUMENT GOVERNS YOUR PURCHASE OF PRODUCTS FROM BUXOM Cosmetics AND CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
BUXOM Cosmetics only accepts orders through this website from addresses within the United States. At this time, we are unable to ship to any international locations outside of the United States.
To learn about BUXOM Cosmetics Return policy, please click here.
Despite our efforts, occasional pricing errors may occur in the BUXOM Cosmetics website and in catalogs. Possession of, or access to, the BUXOM Cosmetics website or any BUXOM Cosmetics catalog does not constitute the right to purchase products featured. BUXOM Cosmetics is not responsible for typographical or pricing errors. BUXOM Cosmetics reserves the right to revise pricing errors in its catalogs or its website and to cancel any order you have placed if there was an error concerning the price or availability of any item you ordered when you placed the order, even if you have received an order confirmation. No BUXOM Cosmetics employee or agent has the authority to vary any of these terms and conditions governing any sale.
BUXOM Cosmetics sells and ships products to end user customers only through our BUXOM Cosmetics website and Customer Service. You may not purchase for resale. BUXOM Cosmetics reserves the right to refuse or cancel your order if we suspect you are purchasing for resale.
TERMS OF SALE
RESOLVING DISPUTES
If a dispute should arise between you and BUXOM Cosmetics regarding these Terms of Sale and any purchases you make from BUXOM Cosmetics, we want to provide you with a resolution that is efficient and cost effective by using our customer service team. Almost all customer service disputes can be resolved to the customer’s satisfaction by contacting our customer service by email at customerservice@buxomcosmetics.com or by phone at 1.844.383.3463. If your dispute cannot be resolved using our customer service team, the following Arbitration Agreement section describes how we shall proceed with the resolution of the dispute.
ARBITRATION AGREEMENT
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
WE BOTH AGREE TO ARBITRATE: You and BUXOM Cosmetics agree to resolve any claims relating to these Terms of Sale through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances we may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Website, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this Arbitration Agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
ARBITRATION PROCEDURES: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Terms of Sale shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures in front of one arbitrator. If there is a conflict between JAMS Rules and the rules set forth in these Terms of Sale, the rules set forth in these Terms of Sale will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. To initiate arbitration, you or we must do the following things:
(1) Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.
(2) Send three copies of the Demand for Arbitration, plus the appropriate filing fee to: JAMS to your local JAMS office or to JAMS, Two Embarcadero Center, Suite 1500, San Francisco, CA 94111
(3) Send one copy of the Demand for Arbitration to the other party.
Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. If travelling to New York is a burden, you may participate in the arbitration by phone or via document submission to the fullest extent allowable by the arbitrator. Each party will bear their own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden and in that case, we will pay for your portion of the arbitration administrative costs (but not your attorneys’ fees). Arbitration under this Arbitration Agreement shall be held in the United States in New York, NY under New York law without regard to its conflict of laws provisions. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
AUTHORITY OF ARBITRATOR: : The arbitrator will decide the rights and liabilities, if any, of you and BUXOM Cosmetics, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and these Terms of Sale. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and us in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND BUXOM Cosmetics WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS ARBITRATION AGREEMENT.
OPT-OUT OF AGREEMENT TO ARBITRATE: You can decline this Arbitration Agreement by emailing us at adroptout@buxomcosmetics.com and providing the requested information as follows: (1)Your Name; (2) the URL to these Terms of Sale; (3) Your Address; (4) Your Phone Number; (5) and clear statement that you wish to opt out of this arbitration provision in the Terms of Sale. The Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms of Sale by using the Website.
CHOICE OF LAW/FORUM SELECTION: In any circumstances where this Arbitration Agreement permits the parties to litigate in court, these Terms of Sale shall be governed by the laws of New York as if the Terms of Sale were a contract wholly entered into and wholly performed within New York. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of (i) a state court of competent jurisdiction located in New York County, New York, or (ii) the United State District Court for the Southern District of New York.
BUXOM Cosmetics reserves the right to modify these Terms of Sale at any time.
