Terms and Conditions
Welcome to the bellapierre.com site (the "Site").
2. Purchase Related Policies
The products and services available on the Site, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples thereof, you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any orders that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.
View additional policies related to orders placed through this Site (such as order processing, shipping and handling, returns and exchanges).
3. Accuracy of Information
We attempt to be as accurate as possible when describing our products on the Site; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors or other content available on the Site are accurate, complete, reliable, current, or error-free.
4. Intellectual Property
All content available on the Site, including but not limited to text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation thereof (collectively, the "Content") is the property of Bella Pierre Cosmetics, our affiliates, partners or licensors, and is protected by United States and international copyright laws.
The trademarks, logos, and service marks displayed on the Site (collectively, the "Trademarks") are the registered and unregistered marks of Bella Pierre Cosmetics, our affiliates, partners or licensors, in the United States and other countries, and are protected by United States and international trademark laws.
Except as set forth in the limited licenses in Section 5 below, or as required under applicable law, neither the Content or Trademarks nor any portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent.
5. Limited Licenses
We grant you a limited, revocable, and non-exclusive license to access and make personal use of the Site. This limited license does not include the right to:
(i) frame or utilize framing techniques to enclose the Site or any portion thereof;
(ii) modify or download the Site or Content (except caching or as necessary to view the Site);
(iii) make any use of the Site or Content other than personal use;
(iv) create any derivative work based upon either the Site or Content;
(v) collect account information for the benefit of yourself or another party;
(vi) use any meta tags or any other "hidden text" utilizing our name or the Trademarks or to otherwise use the Trademarks; or (vi) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
We also grant you a limited, revocable, and nonexclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. A Web site that links to the Site (i) may link to, but not replicate, our Content; (ii) may not imply that we are endorsing such Web site or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content that is lawful and appropriate for all ages; (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; (vi) may not use any Trademark; and (vii) may not link to any page of the Site other than the home page. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link.
Any unauthorized use by you of the Site terminates the limited licenses set forth in this Section 5 without prejudice to any other remedy provided by applicable law or these Terms and Conditions.
6. Your Obligations and Responsibilities
7. Your Account
You may choose to register at our Site. If you do, you will have an Email address/username and password for your account. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account, username and/or password. You agree to provide only accurate, truthful information.
We reserve the right to refuse service and/or terminate accounts without prior notice if you violate these Terms and Conditions or if we decide, in our sole discretion, that it would be in Bella Pierre Cosmetics best interests to do so.
8. Third Party Links
We are not responsible for the content of any off-Web site pages or any other Web sites linked to or from the Site, including, without limitation, bellapierre.com. Links appearing on the Site are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-Web site pages or other Web sites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-Web site pages or any other Web sites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and Web sites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-Web site pages and other Web sites that you visit.
If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission.
10. Representations and Warranties; Limitation of Liability
THE SITE IS PRESENTED "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (D) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEB SITE LINKS ON THE SITE; (E) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEB SITES (F) ANY INACCURACIES OR OMISSIONS IN CONTENT OR (G) EVENTS BEYOND OUR REASONABLE CONTROL.
FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED POUNDS (£100.00).
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your use of the Site. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
With respect to any dispute regarding the Site, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of California, as if the Terms and Conditions were a contract wholly entered into and wholly performed within California. Any dispute relating in any way to your visit to the Site shall be submitted to confidential arbitration in California, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors, we may seek injunctive or other appropriate relief in any court and you consent to exclusive jurisdiction and venue in any such court. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. Your continued use of the Site constitutes your agreement to all such terms and conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.
Return and Cancellation
As part of our commitment to customer service Bellapierre offer a fair policy on all returns. We like our customers to be satisfied with every purchase.
1. Our customers may return the item(s) for an exchange within fourteen (14) days or return within fourteen (14) days of purchase.
2. When returning an item(s), all parts, pieces and printed materials must be in their original unopened packaging, in order to be eligible for a refund.
3. A handling/restocking fee of 20% of the original purchase price may be assessed on returned products, unless given "good cause"; to be determined at the sole discretion of bellapierre.com.
4. bellapierre.com is not responsible for misdirected returns. If you paid for your order with a credit card, a credit will be issued and will appear on your next billing statement depending on the closing date.
BELLAPIERRE COSMETICS LTD, is committed to keeping customer information secure and protecting your privacy. This policy describes how we collect and use personal information about you.
Under the UK Data Protection Act 1998 and EU General Data Protection Regulation (GDPR), the data controller of your personal information collected by us is BELLAPIERRE COSMETICS LTD, company registration number 5950684 (England & Wales).
BELLAPIERRE COSMETICS LTD is registered on the ICO Data Protection Register; Registration Number A1081065.
THE DATA WE MAY COLLECT ABOUT YOU
We may collect and process the following types of personal information:
- Personal contact details such as name, title, address, email address and telephone number
- Details of purchases and transactions
- Information submitted as part of a competition
- Information submitted as part of a survey
- Records of correspondence with you by telephone, email, live chat, social media or otherwise
- Details of your visits to the website, and information about how your device has interacted with our website, including search and browsing history, the pages accessed and links clicked
- Information collected automatically from your device, including IP address, device type, operating system, unique device identification numbers, browser-type, broad geographic location (e.g. country or city-level location) and other technical information
HOW YOUR DATA IS COLLECTED
We collect data from you when you register an account with us, subscribe to marketing communications from us, submit enquiries to us and/or purchase from us. We also collect information that you provide voluntarily to our customer services team, whether in writing, by telephone, email or live chat.
We also collect some information automatically using cookies to improve the shopping experience. By using our website you agree that we can place these types of cookies on your device and access them when you visit the site in the future.
Please note that if you do not have cookies enabled, you will be unable to place an order on our website.
Cookies cannot harm your computer, and you cannot be individually identified by them. For more information about cookies and how to control them please visit ico.org.uk/for-the-public/online/cookies/.
WHY WE COLLECT YOUR DATA
We collect and use your data in accordance with EU GDPR legislation where we have a legitimate interest to satisfy the following:
- To fulfil any orders placed with us
- To process refunds
- To create an account for you
- To communicate with you
- To send you marketing communications such as newsletters and catalogues or provide you with information about our products, offers or services that you request from us, or which we believe may be of interest you. (Please note you can opt out of these at any time: please see ‘Your rights in connection with your data’)
- To store information about your preferences to allow us to customise our website and marketing communications according to your interests
- To notify you about changes to our service
- To communicate with you if you have entered a competition with us
- To obtain and analyse your feedback as part of customer surveys
- To handle any disputes which we may have with you
- To comply with our legal obligations
HOW WE SECURE YOUR DATA
We have put in place the necessary and appropriate safeguards and access controls to ensure the security, integrity and privacy of the information you provide us with. Our website uses a Secure Socket Layer (SSL) encryption which encrypts your information to protect it from unauthorised use.
No payment details are stored on our website. PayPal (Braintree) and Amazon Payments Europe receive encrypted information needed to verify and authorise your payment and to process your order.
We retain your information whilst we have an ongoing legitimate business need to do so, but not for more than 10 years since your last order.
WHO WE MAY SHARE YOUR DATA WITH
We may share some of your data with, or obtain personal information from, the following third parties:
We share your personal information with third parties who provide services to us. The following activities involving the processing of personal information are carried out by third party service providers: website hosting, website analytics, payment processing, delivery, digital marketing, direct marketing, & IT services.
Any third party which processes your data for purposes described in this policy must also have the appropriate technical and organisational measures in place and must comply with the UK Data Protection Act 1998 and EU General Data Protection Regulation. Your data may also be accessed by and processed outside the European Economic Area and by staff operating outside the EEA who work for us or for one of our suppliers. Where your data is transferred outside of the EEA, we require that appropriate safeguards are in place.
Police or other regulatory or government authority
You should be aware that, if we are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your personal information and /or user information, we are entitled do so.
YOUR RIGHTS IN CONNECTION WITH YOUR DATA
Under GDPR, you have the right to:
- Request access to a copy of the personal information we hold about you
- Request correction of any incomplete or inaccurate information we hold about you
- Request erasure of information where there is no good reason for continued processing
- Request restriction to suspend our processing of your personal information based on consent or our legitimate interest
- Request exclusion from automated decision making including profiling
- Opt out of marketing communications which we send you
- Opt out of third-party marketing communications
If you want to request access, correction or erasure of your personal information, restriction or suspension of processing of your personal information or exclusion from automation, please contact us at email@example.com your full name, telephone number, email, address and postcode along with an outline of your request. We’ll get back to you with an initial response within seven working days and will deal with your request within one month, though this can be extended by a further two months if the request is complex.
If you do not want to receive newsletters or catalogues or for us to provide you with information about our products, offers or services, you can unsubscribe by contacting firstname.lastname@example.org or by clicking the unsubscribe link on any of our promotional emails. Please note that it can take up to 10 working days to fully remove you from our email or catalogue list, so you may continue to receive emails/mailings whilst your request is being processed.
Please note that emails relating to servicing your account or fulfilling an order cannot be unsubscribed from and will continue to be sent.
For any questions about this policy or information requests please email email@example.com or write to:
Bellapierre Cosmetics Ltd
Unit 8 Meridian Business Park
Fleming Road, Waltham Abbey