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Terms of Use

BeautyEncounter.com is owned and operated by Beauty Encounter, Inc.

Our corporate mailing address is:

Beauty Encounter

18480 Pacific Street

Fountain Valley, CA 92708

USA

Your Use of BeautyEncounter.com (the “Website”) is governed by these Terms of Use.

Please take a few minutes to review these Terms of Use as your use of this Website constitutes your agreement to follow these rules and to be bound by them. If you do not agree with any of these Terms of Use, please do not use the BeautyEncounter.com website.

These Terms of Use may change from time to time. In the event of a major change to these Terms of Use, we will provide a conspicuous message either through the website or via an email address associated with your account informing you of the change. After a reasonable period of time from providing the message, your affirmative consent or continued use of any of the website will constitute your acknowledgment of the notice in its current version and your understanding of these Terms of Use.

Disclaimer

At Beauty Encounter we strive to offer you only the best brand names and highest quality products. We proudly stand behind the authenticity of our products. Some products may not have been obtained directly from the manufacturer but rather purchased from reputable resellers at a discount. Therefore, this permits us to pass along the savings to you. In this regard, Beauty Encounter expressly disclaims any indication that it is an authorized dealer or agent of any of the designers whose goods are offered on this Website.

In addition, Beauty Encounter disclaims any implied representation or warranty with regard to this Website or its contents including the merchandise offered on this Website.

Beauty Encounter is providing this Website, its contents, and all merchandise on an "as is" basis. You expressly agree that your use of this Website and the services and products offer through the Website is at your sole risk. Beauty Encounter will not be liable for any damages of any kind arising from this Website or the services and products offer through the Website, including, but not limited to direct, indirect, incidental, punitive or consequential damages.

Without limiting the foregoing, beautyencounter.com disclaims any and all warranties, express or implied, for any merchandise offered on this Website.

Without limiting the foregoing, Beauty Encounter does not represent or warrant that the information on this Website is accurate, complete, reliable, useful, timely or current or that this Website will operate without interruption or error.

This Disclaimer of Warranties and Limitation of Liability shall apply to the extent not prohibited by applicable law.  Certain applicable law may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

This provision is void, inapplicable, and unenforceable within the State of New Jersey.

Copyright Notice

Copyright 1999-2018, Beauty Encounter Inc., a California corporation, and Beautiventures International, LLC, a California limited liability company. All rights reserved. All materials contained on this Website are protected by United States copyright law. You may not alter or remove any trademark, service mark, copyright or other notice from copies of the content.

By using this Website, you acknowledge that BeautyEncounter.com contains information, data, software, photographs, graphs, videos, typefaces, graphics, and other material (collectively "Content") that are protected by copyrights, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed.

All Content is copyrighted as a collective work under the U.S. copyright laws, and Beauty Encounter Inc. and Beautiventures International, LLC, owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of create derivative works from or in any way exploit any of the Content in whole or in part.

The Beauty Encounter and BeautyEncounter.com and its related marks are trademarks of Beautiventures International, LLC. All rights reserved. All other trademarks, service marks, product names, company names and logos appearing on BeautyEncounter.com are the property of their respective owners.

All of the information provided on BeautyEncounter.com is intended to be for educational or informational purposes only. Your use of our website is subject to these Terms of Use. The statements made about products have not been evaluated by the FDA (Food and Drug Administration) and the results reported, if any, may not occur in all individuals. The statements and products are not intended to diagnose, treat, cure or prevent any medical conditions. Use of our website is not meant to serve as a substitute for professional medical advice.

Beauty Encounter.com is an online store for beauty goods, fragrances and accessories. Please consult with your physician or health care provider regarding the use of any products or information received from our website. Your physician or health care provider should address any and all medical questions, concerns and decisions. Beauty Encounter does not give or intend to give any answers to medical related questions. Beauty Encounter does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on our website. If you are in need of medical treatment please call 911 or your health care provider immediately.

Acceptable Use

You are granted a revocable license to use the Website. You agree that your use is lawful and will be for lawful purposes. You will not interfere with or otherwise disrupt the Website or pages presented therein.

You may voluntarily create an account through the Website. You are responsible for any activity via your account. You are responsible for keeping your account password secret and secure. You also represent that any information you provide is true, accurate, and complete. Because we may use this information to contact you regarding your account, orders, the Website, or the Terms of Use, you agree to keep your information current.

Third Party Affiliates

We use Google Adwords and other third-party advertising companies to serve ads when you visit BeautyEncounter.com. These companies may use information (not including your name, address, email address or telephone number) about your visits to this and other sites in order to provide advertisements on this Website and other sites about goods and services that may be of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, please click here. Upon completing your purchase, we may present offers on behalf of third party partners on the order confirmation page. If you click on some of these promotional links and accept the offer(s), we will send your personal information to this party to complete the transaction. We do not share this information without your consent.

Third Party Content

Beauty Encounter, from time to time, may provide Third Party Content as a service to customers. Beauty Encounter does not monitor, approve or have any control over any Third Party Content. Therefore, Beauty Encounter does not guarantee, endorse or adopt the accuracy of any Third Party Content. Beauty Encounter is not responsible for updating or reviewing Third Party Content. Third Party Content is used at your own risk.

Purchasing Terms of Use

By purchasing goods from Beauty Encounter, you agree that the offer and sale of those goods takes place in, and will be governed by the laws of the State of California. All goods purchased from BeautyEncounter.com are F.O.B. at our fulfillment center. Title to goods passes to you at the time of delivery by the fulfillment center to a common carrier. Beauty Encounter Inc. d.b.a. BeautyEncounter.com is a California corporation. We are required to collect local and county sales tax for all orders shipped within California. For all international orders, customers are responsible for customs, brokerage fees and import duties of the destination country.

Pricing Information

Price comparisons may be made throughout the Website to indicate the relative savings amounts of our pricing. The “strike-through" price is the suggested retail price provided to us by our suppliers. We make no representation that a substantial number of these products have been sold or offered for sale at the list price. Actual retail prices in your area may be substantially different. Because we sell our merchandise over the internet on an international basis, it is not possible to know if our merchandise is sold at retail price in any particular location or at any particular time. "You Save" or percentage savings reflects the difference between our price and the supplier provided retail price shown on our Website. Because the retail price may be different than the actual retail prices in your area, you may not actually realize a savings of this amount and may want to make an exact comparison for yourself by checking the prices of other internet or local retailers prior to making a purchase.


Prices and availability of products on BeautyEncounter.com are subject to change without notice. Errors will be corrected when discovered. BeautyEncounter.com contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on BeautyEncounter.com may be incorrectly priced. We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation or a Shipping Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a pricing error.

Color and Product Description

We have made every effort to display the colors of our products accurately as they appear at the Website. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate. We do not warrant that the product descriptions are accurate, complete, reliable, current or error-free. If a product offered by the Website is not as described, your sole remedy is to return it for a refund in unused condition.

Errors and Omissions

Information on this website may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We also reserve the right to limit quantities (including after you have submitted your order). We apologize for any inconvenience this may cause you. Please see our Pricing Information for more details. If you are not fully satisfied with your purchase you may return it in its original packaging with the original packing slip and within 14 days of receipt. Please refer to our Returns Policy section for more details. The risk of loss and title to items purchased from BeautyEncounter.com pass to the purchaser upon our delivery to the carrier.

Comments and Submissions

Thank you for participating in the Beauty Encounter community! We appreciate your feedback and comments. In order to maintain an informational, relevant and positive forum, we’ve created a formal comments policy. Please review the following policies before submitting your comments. Thanks for your help, we look forward to hearing from you!

We welcome your comments, suggestions and feedback, and in some instances photos or video (collectively "Comments") regarding our website. When you submit Comments to us, you represent and warrant that it does not infringe any third party's intellectual property rights, does not invade any third party's privacy, is not illegal, obscene, threatening, abusive, libelous, slanderous, defamatory, fraudulent, misleading, prejudicial or otherwise injurious to third parties. You may not impersonate anyone in any posting and may not mislead anyone as to the source of any Comments. You are solely responsible for any Comments that you post on our website. We reserve the right to screen, remove or edit any such Comments, but are under no obligation to do so. Under no circumstances will be liable for any Comments posted by any visitor to our website or any damage caused by the posting of such Comments.

When you post Comments to our website, you are automatically granting us and our affiliates a royalty-free, worldwide, non-exclusive, perpetual, fully sub licensable and irrevocable right to use, distribute, reproduce, modify, adapt, publicly perform and display, translate and create derivative works from such Comments in any media, as well as the right to use your name in connection with such Comments, if we so choose.

By submitting Comments you also agree that we may keep records indicating that you are the source of Comments, and any information related to your posting of the Comments, and may disclose such information as we may determine in our sole discretion including, without limitation, in order to comply with law or legal process to enforce the terms of these conditions of use, to respond to any complaint that such Comments violates the rights of any third party to respond to customer service requests or to assist in the protection of any person.

Additional Comment Policies:

Comment spam: Any comment assumed to be comment spam will be deleted and marked as comment spam.

Comment name field: Any name using keywords, spam, or suspicious information in the comment name form will be edited or deleted.

Keep comments on topic: Any comment that appears to be off-topic will be edited or deleted.

Email privacy: E-mail addresses are required for commenting, but aren’t shared or published on the blog. They may, however, be used by the blog owner to privately contact the commenter.

Commenter privacy and protection: Any private and personal information posted in any comment will be deleted as soon as possible to protect the privacy of the commenter.

Language: For the reading enjoyment of our audience, please avoid harsh language and the use of profanity. Comments which include offensive or inappropriate language will be edited or deleted.

Length: Please try to keep your comments under 200 words.

External links: External links are encouraged, so long as they are relevant to the original post, and add to the conversation. Linking to other sites irrelevant to the blog post is considered spam and will be deleted.

No personal attacks permitted: In the interest of fair play, no personal attacks are permitted in this blog’s comments. Failure to respect fellow participants on this blog could result in removal and blocked access.

Trackbacks: All trackbacks and pingbacks made to the Beauty Encounter blog are moderated.

Signatures: Adding a signature is optional. If you decide to include one, please keep it short, with a two-line maximum. Please don’t include a link to your website.

Editing: We reserve the right to edit comments for clarity, readability, or spelling errors when appropriate. Major edits will be notated at the end of the comment.

Blocked commenters: Anyone who violates a policy from this list may be blocked from commenting on this blog.

What to do if your comment does not appear: If you leave a comment on this blog and it doesn’t appear within a reasonable time period, and you know that it doesn’t violate the above comment policies, please send us an email at [email protected] and we’ll investigate the situation.

Copyright Policy

As part of respecting intellectual property rights, it is our policy to respond to notices of possible copyright infringement that comply with the Digital Millennium Copyright Act (DMCA) and other applicable laws.

If you believe a third-party user has copied your work on our website, you may submit a written request including the following information

  • A description of the work that is claimed to be infringing and its URL on the Website. 
  • A complete description of the copyrighted work claimed to have been infringed or, if multiple copyrighted works are claimed to have been infringed, a representative list of such works and descriptions thereof. The description should identify all related copyright registration numbers. 
  • A statement providing the basis for the complaint. 
  • The following contact information: 
    1. The complaining party’s full legal name
    2. The authorized agent’s full legal name (if applicable)
    3. A postal address for contacting the complaining party
    4. An e-mail address for contacting the complaining party
    5. A phone number for contacting the complaining party 
  • The following statements: 
    1. “I have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.”
    2. “This notification is accurate.”
    3. “UNDER PENALTY OF PERJURY, I am the owner of an exclusive right that is allegedly infringed” or, if an authorized agent is submitting the notification, “UNDER PENALTY OF PERJURY, I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
    4. “I acknowledge that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages.” 
  • A physical or electronic signature of the complaining party or the authorized agent thereof. 
  • Your authority for submitting the notification (e.g., copyright owner, authorized agent of copyright owner). 

The complaining party or authorized agent thereof should file the notification using one of the following methods:

  1. Via one of the contact means identified in the U.S. Copyright Office’s online service provider directory for Beauty Encounter (www.copyright.gov/onlinesp/);
  2. By contacting Beauty Encounter by mail using the address above;
  3. By contacting Beauty Encounter by email at [email protected]; or
  4. By contacting Beauty Encounter by phone at (714) 698-0820. 

Upon receipt of a complete notification, we will remove or disable access to the third-party user’s work that is claimed to be infringing from the website. Where possible, the user who submitted the work will be forwarded a copy of the notification and will be alerted that access to the work has been removed or disabled. 

A user having content removed will have the right to submit a counter-notification including: 

  • A description of the work that is claimed to be infringing and its URL at the Beauty Encounter website before access to the work was removed or disabled. 
  • A statement why the claim of copyright infringement should be rejected. 
  • The following contact information: 
    1. The responding party’s full legal name.
    2. The authorized agent’s full legal name (if applicable).
    3. A postal address for contacting the responding party.
    4. An e-mail address for contacting the responding party.
    5. A phone number for contacting the responding party. 
  • The following statements: 
    1. “UNDER PENALTY OF PERJURY, I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.”
    2. “UNDER PENALTY OF PERJURY, I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.”
    3. “I will accept service of process from the person who provided notification under Section 512(c)(1)(C) of the DMCA or the agent of such person.”
    4. “I acknowledge that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability for damages.” 
  • A physical or electronic signature of the responding party or authorized agent thereof. 
  • Your authority for submitting the counter-notification (e.g., author who submitted the work, authorized agent of author who submitted the work). 

The responding party or authorized agent thereof should file the counter-notification using one of the following methods:

  1. Via one of the contact means identified in the U.S. Copyright Office’s online service provider directory for Beauty Encounter (www.copyright.gov/onlinesp/);
  2. By contacting Beauty Encounter by mail using the address above;
  3. By contacting Beauty Encounter by email at [email protected]; or
  4. By contacting Beauty Encounter by phone at (714) 625-8180. 

If we receive your counter-notification, but your work does not comply with the Terms of Use, we may inform you that we are not able to reinstate your work. We may also request further information from you in order to determine whether the work can be reinstated. 

In many circumstances, we will forward your counter-notification (including the contact information submitted with your counter-notification) to the complaining party or authorized agent thereof. At that time the complaining party may take legal action against you in Federal District Court. If after 14 days the complaining party has not taken legal action against you, you may contact us to request that we reinstate your work. If your work otherwise complies with the Terms of Use, we may reinstate your work at that time.

Limits of Liability

Under no circumstances, shall we or any of our employees, directors, officers, agents, vendors or suppliers be liable for any direct or indirect losses or damages arising out of or in connection with the use of or inability to use this website.

This is a comprehensive limitation of liability that applies to all losses and damages of any kind (whether general, special, consequential, incidental, exemplary or otherwise, including, without limitation, loss of data, income or profits), whether in contract, negligence or other tortious action, even if an authorized representative of Beauty Encounter, Inc. has been advised of or should have known of the possibility of such damages.

If you are dissatisfied with this website or any content on the Website, or with these terms of use, your sole and exclusive remedy is to discontinue using this website. You acknowledge, by your use of this website, that your use of the Website is at your sole risk.

This provision is void, inapplicable, and unenforceable within the State of New Jersey.

Violation and Termination

Violation of the Terms of Use is sufficient grounds for us to terminate your account or access to the Website. Termination of your account may include deleting your account information subject to applicable legal retention obligations such as for tax, security, or resolving ongoing dispute.

Arbitration and Class Action Waiver

This section is deemed to be a written agreement to arbitrate pursuant to the Federal Arbitration Act, and you agree that this section satisfies the writing requirement of the Federal Arbitration Act.  We believe that arbitration is a faster, more convenient and less expensive way to resolve any disputes or disagreements that you may have with us.  Therefore, pursuant to these Terms of Use, if you have any dispute or disagreement with us regarding (i) your use of or interaction with the Website, (ii) any data or information you may enter into the Website or that we may gather in connection with such use or interaction, and (iii) our products and services, you will not have the right to pursue a claim in court, or have a jury decide the claim, and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration.  By using or interacting with the website, you agree to binding arbitration administered by JAMS.  The JAMS Arbitrator shall apply internal laws of the State of California consistent with the Federal Arbitration Act and applicable statutes of limitations, and be located in the State of California. 

This provision is void, inapplicable, and unenforceable within the State of New Jersey.

General Provisions

Minors: Beauty Encounter does not sell products for purchase by children. We may, however, sell children's products for purchase by adults. Beauty Encounter is not intended or directed to individuals under the age of 18. We reserve the right to refuse service to any person for any reason.

Indemnification: You agree to indemnify and hold us, our officers, shareholders, employees, agents, representatives, affiliates, and third party users harmless from and against any and all claims, causes of action, liabilities, damages, losses, expenses and costs (including, without limitation, attorneys' fees) that arise directly or indirectly out of or from: (i) your violation of these Terms of Use, Privacy Notice, any other agreement with us, any representation or warranty contained herein or therein or any applicable law; (ii) any materials submitted by you using the Website; (iii) your activities in connection with obtaining any products or services from us, or (iv) any activity related to access to or use of your account by you or any other person. This provision is void, inapplicable, and unenforceable within the State of New Jersey.

Choice of Law: The Terms of Use will be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of laws rules or provisions. This provision is void, inapplicable, and unenforceable within the State of New Jersey.

Severability: If any provision of these Terms of Use, or the application thereof to any person, place or circumstance, will be held by a court of competent jurisdiction to be invalid, void or otherwise unenforceable, such provision will be enforced to the maximum extent possible, or, if incapable of such enforcement, will be deemed to be deleted from these Terms of Use, and the remainder of these Terms of Use and such provisions as applied to other persons, places and circumstances will remain in full force and effect. This provision is void, inapplicable, and unenforceable within the State of New Jersey.

Captions: Any heading, caption or section title contained in these Terms of Use or the Privacy Notice is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

No Waiver: No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default, nor will any delay or omission on the part of either party to exercise or avail itself of any right or remedy that it has or may have hereunder operate as a waiver of any right or remedy.

Entire Agreement: The Terms of Use and the Privacy Notice are the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. This provision is void, inapplicable, and unenforceable within the State of New Jersey.

Reservation: All rights not expressly granted to you in these Terms of Use are reserved and retained.

Assignment: These Terms of Use form a revocable license between us and you to use the Website according to these Terms. You cannot transfer the license. We may assign our rights and obligations under these Terms of Use, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.

Updated July 24, 2018.