Welcome to BareVanity.com. By using and shopping on the BareVanity.com Website and any of its associated services and functionality (the "Site"), you expressly agree to be bound by these terms and conditions ("Agreement") as amended from time to time. Please read this Agreement carefully before using the Site.
This Agreement is formed by and between anyone who visits and uses the Site (“ you” or “your”) and BareVanity.com, which is owned and operated Encino Wholesale ("BareVanity", "we", "our" and "us").
If you do not agree to any terms and conditions of this Agreement, you must not use the Site. Your use of the Site is at your sole risk. If you are dissatisfied with the Site, its content, and terms of this Agreement, your sole and exclusive legal remedy is to discontinue using the Site.
We may terminate, change, suspend or discontinue any aspect of the Site at any time in our sole discretion. We do not guarantee that you will be able to access the Site with any equipment or software you use now, have used, or will use in the future.
At our sole discretion, we may impose limits on certain features and services or restrict your access to parts or all of the Site either temporarily or permanently without prior notice or liability to you or any third party.
The Site is for consumer use only. It is your responsibility to ascertain and obey all applicable local, state, federal and international law in regard to the possession, use and sale of any products purchased from the Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.
You agree to use the Site only for purposes permitted by this Agreement, any applicable law and regulation, and /or generally accepted practice or guidelines. Any conduct by you that, in our sole discretion, restricts, inhibits, or interferes with the ability of any other user to enjoy the Site, including by means of hacking or defacing any portion of the Site, or by engaging in spamming, flooding, or other disruptive activities, will not be tolerated. You are strictly prohibited from communicating on or through the Site any unlawful, harmful, offensive, threatening, abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racially, ethnically, or otherwise objectionable material of any sort, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. We reserve the right to terminate or suspend your access to and use of the Service, or parts of the Site, without notice, if we believe, in our sole discretion, that it is in violation of any applicable law or it is harmful to our interests or the interests, including intellectual property or other rights, of another user or other third party partners, affiliates, sponsors, providers, licensors, or merchants.
You must not post, transmit or otherwise make available through or in connection with the Site any virus or other computer code, file or program that is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
You must create an account with BareVanity in order to access some features of the Site. In order to create an account, you will need to provide us with personal information, including your name, email address, and phone number. You must ensure that this information is accurate, current, and complete. If you provide information that is fraudulent, untrue, inaccurate, or not current, or we have grounds to suspect that such information is fraudulent, untrue, inaccurate, or not current, we reserve the right to suspend or terminate your account without notice. And, as such, you acknowledge and agree that we may immediately deactivate and/or delete your account and all related information and files in your account and restrict any further access to such information or the Site. Furthermore, you agree that we shall not be liable to you or any third party for any such termination, deletion, or restriction.
In addition, you will be asked to create a user ID and password and other information to register to use all or part of the Site. We may refuse to grant you a user ID that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. For your protection and ours, we suggest that user IDs and passwords must be non-obvious, hard-to-guess, confidential and changed on a regular basis, and that you log out at the end of each session. You are responsible for maintaining the confidentiality of your user ID and password and are fully responsible for all activities that occur in connection with your user ID or password such that, for all purposes under this Agreement, any activities in connection with your user ID or password will be deemed to be your activities. You agree to immediately notify us of any unauthorized use of either your user ID or password or any other breach of security. You further agree that you will not permit others, including those whose accounts have been terminated, to access the Site using your user ID or password. All user IDs and passwords remain our property, and may be cancelled or suspended by us at any time without any prior notice or any liability to you or any other person. We are not under any obligation to verify the actual identity or authority of the user of any user ID or password. If in our sole discretion, we consider a password to be insecure, then we may cancel the password.
You must respond promptly to all email and other correspondence from us, including without limitation email and correspondence concerning complaints or concerns regarding your use of the Site and the use of your account.
You are responsible for obtaining, maintaining and paying for all hardware, software and all telecommunications and other services needed for you to use the Site.
If you breach any provision of this Agreement, you may no longer use the Site. BareVanity and/or any of its affiliates or vendors reserve the right, without prior notice, obligation or liability to you or any third party, and at our sole discretion at any time and for any reason, to restrict, suspend or terminate your access to all or any part of the Site (including your account) temporarily or permanently, terminate your account or prevent you from accessing all or parts of your account details or other content, including posts (and any materials contained therein), contained in your account temporarily or permanently, and prohibit you from any future use of the Site.
If this Agreement is terminated for any reason, then: (a) this Agreement will continue to apply and be binding upon you in respect of your prior use of the Site, including payment of any charges accrued in connection with use of the Site and your indemnification obligations; (b) we may immediately remove from the Site and permanently delete and destroy any Materials that you or others may have posted or submitted to the Site without any prior notice or liability to you or any other person; and (c) any fees and charges previously paid by you for unused services will not be refunded.
You are prohibited from violating or attempting to violate the security of the Site, including without limitation, by: (a) accessing data not intended for your use or logging onto a server or an account which you are not authorised to access, (b) accessing any part of the Site by any means other than through the interface provided by us or from an access point other than the authorised access point BareVanity.com (and we will not be responsible in any way for access from outside this interface or access point), (c) interfering or attempting to interfere with security-related features of the Site or features that prevent or restrict use or copying of any content or enforce limitations on the use of the Site or the content on the Site, or (d) using, copying, or distributing content except as permitted by this Agreement, by law or with our prior written consent.
You understand and agree that any violations of system or network security or fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities and may result in civil or criminal liability. We will investigate occurrences that may involve such violations or activity and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations or activity.
You are solely responsible for the activity that occurs on your account (including orders placed using your account), and you must keep your account login and password secure. We are not responsible for any unauthorised activity on your account.
If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you must notify us immediately in writing and take immediate steps to resecure your account (including by changing your password).
Information on the Site
Information about products marketed and sold on the Site is based on material provided by suppliers and product manufacturers. You acknowledge that any reliance on information contained on the Site shall be at your own risk. We reserve the right to correct any errors or omissions in any portion of the Site. You understand and agree that we will not be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by manufacturers or suppliers changing product specifications without notice to us. You agree to make your own inquiries to verify information provided and to assess the suitability of products before you purchase products from us.
Due to photographic and screen limitations associated with the representation of products, some actual products may differ to a small extent in visual appearance from the way they appear on the Site.
Neither BareVanity nor its suppliers or product manufacturers control the materials, which include, but is not limited to, comments, statements, references, opinions, articles, photographs, images, text, data, and other forms of information posted and/or submitted by other users on the Site’s forum and/or reviews sections. Such materials and statements posted on our forum and reviews pages of the Site are the personal opinions of the users, not that of the BareVanity and, we do not fully monitor, screen, police or edit those materials for compliance with applicable laws or this Agreement. You may find some of the materials posted by other users to be offensive, harmful, inaccurate or deceptive. You should use caution and common sense when using the Site.
The intent and design of BareVanity’s social accounts, links, posts, etc is to encourage dialogue amongst the Site’s users to discuss topics relevant to skin care and beauty. Sometimes, we may moderate discussions on the forum with general principles of skin care and refer to other sources of information that are relevant to the discussion string. Such material is not intended as a guide or as a substitute for proper medical advice, diagnosis, or treatment. It is for reference only and should not be used to determine treatment for any specific conditions. The Site and its related information and resources are not intended and must not be taken as the rendering of medical, nursing, or professional health care advice or service.
You understand and agree that neither BareVanity nor its suppliers are responsible for any claim, loss, or damage directly or indirectly resulting from the use of the Site or the information resources contained on or accessible through the Site.
The inclusion of any products on the Site at a particular time does not imply or warrant that these products will be available at any time. We reserve the right to notify you that products for which you placed orders have become unavailable. Price, quantity, shipping methods and shipping rates, and any other information on the Site regarding any products or services, are subject to change without notice.
You agree and acknowledge that you are at least 18 years of age or older at the time of placing your order.
You agree to pay all charges incurred by you or on your behalf on the Site, at the prices in effect when such charges are incurred, including shipping, handling, and any applicable tax charges. If legal action is necessary to collect fees or charges due from you, then you will reimburse us for all expenses incurred in collecting the fees and charges, including all attorney fees and other legal expenses.
Your order shall be deemed accepted only if and when we send an order confirmation and shipping confirmation email to your email address. We reserve the right to accept or reject your order for any or no reason, including without limitation the unavailability of any product, limitations on quantities available for purchase, an error in the price or product description, problems identified in the payment method, or an error in your order.
In the event that we cancel or are unable to fulfil your order (including because a product has become unavailable or we cease selling the product for any reason whatsoever), we will provide a full refund of any payment received. We will not be liable to you for any resulting loss such as you purchasing the product from another retailer at a higher price (including delivery and other charges).
In instances when product(s) you ordered are out of stock, we will contact you via email or phone, notifying you of a delay in the shipment of the order and your order options.
If there are customs fees, import duties, and/or other forms of value added taxes (“VAT”) imposed on your order, they must be paid by you to the applicable authorities and/or agencies when your order reaches your destination country. We are not responsible for any sales taxes, VAT, customs duties or other taxes charged by any customs agency.
You may return products purchased from us within 30 days of your purchase if returned within our guidelines. Please go to our Shipping and Returns page for guidelines.
Price, Payment and Use of Discount/Coupon Codes
The prices of products, delivery and other charges shown are in United States Dollars. For orders shipped to addresses within the United State of America, taxable items shipped to California are subject to tax at appropriate state and local rates. Any refunds shall be in United States Dollars.
Prices are current at the time of display but are subject to change without notice.
Your credit card will be billed/charged at the time of your order. If your payment is not received or is declined by your credit card issuer, we cannot and will not hold the product against your order. In such instances we do not guarantee that the product will be available should you try to order it again.
Where offered by BareVanity, a discount/coupon code may only be redeemed once per household for orders. These codes may not be used in conjunction with any other discounts. Only one discount/coupon code may be used per order.
We do not warrant that the Site will be available at all times or that it will be provided without fault or disruption. We makes no representations or warranties of any kind, express or implied, as to the operation of the Site or the information, content, services or materials included on the Site; and we disclaim all warranties, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose and non-infringement. You acknowledge by your use of the Site that such use is at your sole risk. The Site may not be secure. Security and privacy risks cannot be eliminated. Password protection may not prevent unauthorized access to materials you may use or allow other persons to use in connection with the Site, including materials posted or submitted to the Site. This disclaimer constitutes an essential part of this Agreement.
If law implies into this Agreement any term, condition, warranty, guarantee or additional obligation that cannot be lawfully excluded, then that term, condition, warranty, guarantee or additional obligation will be included in this Agreement only to the extent required by law, but our liability in respect of any breach of that term, condition, warranty, guarantee or additional obligation will be limited to the maximum extent (if any) permitted by that law.
Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BAREVANITY.COM OR ITS SUPPLIERS OR VENDORS, OR ITS OR THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, AFFILIATES, SUPPLIERS, VENDORS, LICENSORS, CO-BRANDERS OR PARTNERS (COLLECTIVELY, "OUR PARTIES") BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER (HOWEVER ARISING, INCLUDING NEGLIFENCE) RESULTING FROM ANY LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, BUSINESS INTERRUPTION, LITIGATION, OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICE, WITH THE DELAY OR INABILITY TO USE THE SERVICE, OR WITH THE PROVISION OF, OR FAILURE TO MAKE AVAILABLE, ANY INFORMATION, SERVICES, PRODUCTS, MATERIALS, OR OTHER RESOURCES AVAILABLE ON OR ACCESSIBLE THROUGH THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Neither BareVanity nor its suppliers or vendors guarantee the sequence, accuracy, or completeness of any information or content on this or any other Internet sites and shall not be liable in any way to you or anyone else who may use the information or content or to whom the information or content may be furnished, for any delays, inaccuracies, unavailability, errors, or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damage arising therefrom or occasioned thereby.
WITH RESPECT TO PRODUCTS, GOODS, OR SERVICES PURCHASED THROUGH OUR PARTIES’ SITES, IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, RESULTING FROM ANY LOSS OF USE, LOSS OF PROFITS, LITIGATION, OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PROVISION OF OR FAILURE TO MAKE AVAILABLE ANY SUCH PRODUCTS, GOODS, OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the Site or any linked website or featured in any banner or other advertising. We will not be a party to or in any way responsible for monitoring any transaction between you and third party providers of products and services.
ANY LIABILITY ON THE PART OF OUR PARTIES, IN THE AGGREGATE, SHALL NOT EXCEED THE AMOUNT PAID BY THE USER FOR THE PARTICULAR PRODUCT OR SERVICE PROVIDED OR TWENTY US DOLLARS ($20), WHICHEVER IS GREATER.
You acknowledge an agree that the limitations set forth above are fundamental elements of this Agreement and the Site would not be available and used by you absent such limitations.
You hereby agree at all times to indemnify, defend and hold OUR PARITES harmless from any liability, loss, claim and expense (including reasonable attorneys’ fees) incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct, including materials you submit, post, or transmit through the Site, or breach of this Agreement.
We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided by us. Nothing in this Agreement gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features.
Other trademarks, registered trademarks, product names, company names/logos on the Site are the property of their respective owners and may not be used without prior consent.
You may not modify or copy the layout or appearance of the Site nor any computer software or code contained in the Site. Furthermore, you may not modify or copy the layout or appearance of the Site nor any computer software or contained in the Site and/or decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Site.
If you correspond or otherwise communicate with us, including submitting materials on our reviews and forums section of the Site, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on our Website and developing your ideas and suggestions for improved products or services we provide
If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send us a written notice by mail, e-mail or fax, requesting that we remove such material or block access to it.
Privacy and Personal information
You may choose not to provide certain information, but then you may not be able to purchase products, open or hold an account with us or take advantage of the features we offer.
Your Health Information
While we do not need to collect health information from you, sometimes information about the identity and nature of products you purchase may constitute health information or you may choose to disclose health information as part of your participation in our forum, reviews, or other interactive services. If you share individually identifiable health information on our Site, we will not share it with third parties. However, information you may share in our forum and reviews, are by their very nature public and open discussion groups; and, as such, is considered public information if you choose to share it.
General and Applicable Law
This Agreement constitutes the entire agreement between you and BareVanity with respect to your use of the Site.
We will not be liable for any delay in performing any of our obligations under this Agreement if such delay is caused by circumstances beyond our reasonable control.
You agree and acknowledge that, in the event that we merge, sell or otherwise change control of our company, our business or the Site to a third party we shall be permitted without giving notice or seeking prior consent from you to disclose the personal information and other data that we have collected from you to the third party; and we shall be entitled to assign the benefit of any agreements we have with you to the third party.
This Agreement will be governed by and interpreted in accordance with the laws of the State of California, without resort to its conflict of law provisions. You irrevocably submit and consent to the exclusive jurisdiction of the courts of located in Los Angeles County, California.
If for any part of this Agreement is ruled to be void, unlawful or unenforceable then such part shall be severed, with the remainder of the Agreement remaining in full force and effect.
If we do not exercise or enforce any right or provision under this Agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this Agreement will only be effective if it is in writing and signed by us.