TERMS OF SERVICE
*Our Terms of Service policy is being revised at this time.
Briye Cosmetics TERMS OF SERVICE, USE AND PURCHASE
Welcome to Briye Cosmetics! This website located at www.briyecosmetics.com (this "Site") is owned and operated by Briye Cosmetics (the “Company”). Briye Cosmetics provides website features and other products and services to you when you visit, shop or purchase items from this Site, access this Site from your mobile devices, or use software provided by Briye Cosmetics in connection with any of the foregoing (collectively, “Briye Cosmetics”). Briye Cosmetics provides its products and services subject to these Terms of Service.
By using the Briye Cosmetics website, you agree to these conditions. Please read them carefully.
By accessing or using this Site, mobile application or other Briye Cosmetics product or service on any computer, mobile phone, tablet, console or other device (collectively, “Device”), you acknowledge and agree that you have read, understand and agree to be bound by these Terms of Service and any other applicable law, whether or not you are a registered member of Briye Cosmetics. You must be at least 18 years old to use this Site or Services. Briye Cosmetics may change these Terms of Service at any time without notice. When we make changes, we will post them here. Your continued use of the Briye Cosmetics or enrollment as a Briye Cosmetics VIP Member shall be considered your acceptance to the revised Terms of Service.
ELECTRONIC COMMUNICATIONS
When you use any Briye Cosmetics Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site or through the other Briye Cosmetics. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
SHIPPING
We charge a flat fee for shipping reflected in your order. Fees are subject to change.
RETURNS & EXCHANGES
Briye Cosmetics strives to provide an amazing shopping experience and superior customer service. If for any reason you are not content with your order, we gladly accept returns and exchanges for US and Canada orders within 30 days from the date of shipment and in new, unused condition with original packaging Orders can only be returned. Some items purchased through special promotions may be final sale, and therefore not eligible for exchanges or returns (please refer to promotion disclaimers for the terms of each offer).
Accessories must be returned with all pieces included and intact, and apparel must also be returned unworn, with all tags still attached.
Please note that any membership or store credit used to pay for an order will be returned as store credit and will not be eligible for a refund to a credit card. Also, please note reward points associated with the purchase will be deducted from your account if you do choose a refund. Items redeemed through the rewards program are not eligible for returns or exchanges.
Shiping Your Returns/Exchanges
Returns and exchanges are easy! Just return your item to the address on our CONTACT US page and we will happily exchange it for another item.
To make a return or exchange, please follow these steps:
• Send the item back in the original, undamaged box and packaging.
RISK OF LOSS/TITLE
The risk of loss and title for products purchased on the Site or through the Briye Cosmetics passes to the purchaser upon our delivery to the carrier. Replacement of products and credits to your account for shipped merchandise claimed as not received are subject to our investigation. We will adjust your account at our discretion. Briye Cosmetics does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Briye Cosmetics does not take title to the refunded item.
SALES TAX
Briye Cosmetics is required by law to collect sales tax on orders shipped to Georgia, Kentucky and North Carolina. If your order is shipping to any of these states, the appropriate charges will be added to your merchandise total and displayed on your final order confirmation. Briye Cosmetics reserves the right to collect sales tax in any other jurisdictions if Briye Cosmetics believes that such collection is required by law.
PAYMENT INFORMATION
To make purchases through the Briye Cosmetics or to become a Briye Cosmetics VIP you must submit credit card information. You represent and warrant to Briye Cosmetics that such information is true and that you are authorized to use the payment instrument. You will promptly update your Account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You authorize Briye Cosmetics to use any updated credit card information submitted by your credit card company directly to Briye Cosmetics. If you dispute any charges, you must inform Briye Cosmetics within thirty (30) days upon receipt of Briye Cosmetics’ invoice. We reserve the right to change Briye Cosmetics prices, fees or the number of Member Credits required to purchase items. Your continued use of the Briye Cosmetics after the price change becomes effective constitutes your agreement to pay the changed amount.
ACCOUNT CONFIDENTIALITY AND ACCESS
You are solely responsible for maintaining the confidentiality of your Account, all activities occurring under your Account and all access to and use of the Briye Cosmetics by anyone using your Account, whether or not such activities and access are actually authorized by you, including but not limited to all communications, transactions and obligations. You agree to accept responsibility for all activities that occur under your account and password. Briye Cosmetics shall not be liable or responsible for any loss or damage arising from any unauthorized use, access or any other breach of security of your Account, including but not limited to your member sign-in password and email address. You acknowledge and accept that your use of the Briye Cosmetics is in compliance with these Terms of Service. You further acknowledge and accept that Briye Cosmetics shall have no obligation to investigate the authorization or source of any Account activity, including purchase activity following a proper log-in to this Site or any Services, which is defined as a matching and current member sign-in and user password. You shall notify Briye Cosmetics immediately of any unauthorized access to your Account or any other unauthorized use of any Briye Cosmetics.
You agree that Briye Cosmetics may, without prior notice, immediately terminate, limit your access to or suspend your Account based on any of the following: (a) breach or violation of these Terms of Service; (b) upon request by law enforcement; (c) unforeseeable technical or security issues or problems; (d) extended periods of inactivity; or (e) fraudulent, deceptive or illegal activity, or any other activity which Briye Cosmetics believes is harmful to its business interests; or (f) for no reason. You agree that any termination, limitation of access and/or suspension shall be made in the Briye Cosmetics’ sole discretion and that Briye Cosmetics shall not be liable to you or any third party for the termination, limitation of access and/or suspension of your Account.
PROHIBITED USES
Any and all Briye Cosmetics may be used only for lawful purposes and are available only for your personal, noncommercial use, which shall be limited to viewing this Site, purchasing products, providing information to Briye Cosmetics, and downloading product information for your personal review. You are responsible for your own communications, including the transmission, posting, and uploading of information and are responsible for the consequences of such communications. Briye Cosmetics specifically prohibits any use of the Briye Cosmetics Service, and requires all users to agree not to use the Briye Cosmetics, for any of the following:
• Posting any information which is incomplete, false, inaccurate or not your own;
• Creating multiple accounts for the same user;
• Accessing data not intended for you or logging on to a Briye Cosmetics server or account, which you are not authorized to access;
• Engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation that would fail to comply with accepted Internet protocol;
• Communicating, transmitting, or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;
• Communicating, transmitting, or posting material that reveals trade secrets, unless you own them or have the permission of the owner;
• Communicating, transmitting, or posting material that infringes on any other intellectual property, privacy or publicity right of another;
• Communicating, transmitting, or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of any applicable export control laws;
• Attempting to interfere in any way with this Site’s network security, or attempting to use this Site’s service to gain unauthorized access to any other computer system;
• Communicating, transmitting, or posting material that is in violation of applicable laws or regulations;
• Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt);
• Attempting to interfere or interfering with the operation of this Site, Briye Cosmetics’ provision of services to any other visitors to this Site, Briye Cosmetics hosting provider or networks, including, without limitation, via means of submitting a virus to this Site, overloading, "flooding", "mailbombing" or "crashing" this Site;
• Forging any TCP/IP packet header or any part of the header information in any e-mail or transmission or posting to this Site.
USER CONTENT
Any and all content, comments, feedback, suggestions, ideas, concepts, photos, questions or other communications (collectively, “User Content”) that you submit or post through any Briye Cosmetics shall be deemed non-confidential and non-proprietary. By submitting or posting any User Content, you grant to Briye Cosmetics and its affiliates a perpetual, irrevocable, royalty-free, worldwide, sublicensable and transferable license to copy, publish, translate, modify, create derivative works from, distribute, reproduce, display, or use the User Content in any commercial or non-commercial manner whatsoever. Briye Cosmetics will be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products that incorporate or otherwise rely upon such information. Briye Cosmetics shall have no obligation to monitor User Content, use or display User Content, compensate you for submitting User Content, or respond to any User Content. Briye Cosmetics retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any User Content for any reason or no reason.
By connecting to Briye Cosmetics with a third-party service (e.g., Facebook or Twitter), you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service. For more information on the types of information we collect from these third-party services, please read our Privacy Policy.
If you utilize your Facebook account to access and use the social features available through the Briye Cosmetics, you can choose whether or not you wish to share content or information related to your Account on Facebook. You agree that Briye Cosmetics is not responsible for any content or information related to your Account once it is shared and posted on Facebook. If you use the Briye Cosmetics and its social features, you agree to respect other users of the Briye Cosmetics in your interactions with them. Briye Cosmetics reserves the right, in its absolute discretion, to disable your account if it believes that you are violating any term or condition set forth herein.
By submitting User Content, you represent and warrant that the User Content does not (i) contain false or misleading information, (ii) infringe on the intellectual property rights of any third party, (iii) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing content, (iv) contain any addresses, email addresses, phone numbers or any contact information, or (v) contain computer viruses, worms or other harmful files. You are solely responsible for the User Content and you hereby agree to indemnify and hold Briye Cosmetics and its employees, agents and affiliates harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.
PRODUCT INFORMATION
Prices, descriptions and availability of products are subject to change without notice. Errors may be corrected when discovered, and Briye Cosmetics reserves the right to revoke any stated offer in order to correct any errors or inaccuracies. Although Briye Cosmetics has made every effort to display our products and their colors as accurately as possible, the displayed colors of the products depend upon the monitor of the user, and Briye Cosmetics cannot guarantee that the user’s monitor will accurately portray the actual colors of the products. Products displayed may be out-of-stock or discontinued, and prices are subject to change. Briye Cosmetics is not responsible for typographical errors regarding price or any other matter.
PURCHASE CANCELLATIONS
All orders placed through any Briye Cosmetics are subject to Briye Cosmetics’ acceptance. This means that Briye Cosmetics may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, Briye Cosmetics will issue you a refund.
INTELLECTUAL PROPERTY RIGHTS
All content, graphics, text, code and software used on or incorporated into this Site and/or any Briye Cosmetics Service, and the arrangement or integration of all such content, graphics, code and software, are subject to copyrights held by or licensed to Briye Cosmetics and all rights thereto are specifically reserved. As between you and Briye Cosmetics, (or any other company whose marks appear on any of the Briye Cosmetics), Briye Cosmetics (or the respective company) is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on any of the Briye Cosmetics, and is the copyright owner or licensee of the materials and content contained therein, unless otherwise indicated. The Briye Cosmetics logos, designs, titles, phrases, product names, photographs, images, videos and content and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, “ Intellectual Property”) are owned by Briye Cosmetics and may be registered in the United States and internationally. You agree not to display or use the Briye Cosmetics Intellectual Property in any manner without Briye Cosmetics’ prior written permission. Nothing contained on this Site or in any of the Briye Cosmetics should be construed to grant any license or right to use any Briye Cosmetics Intellectual Property without the prior written consent of Briye Cosmetics.
Except as otherwise provided herein, use of the Briye Cosmetics does not grant you a license to any materials, content or features you may access on this Site or via the Briye Cosmetics and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such materials and content, features or materials, in whole or in part. Any commercial use of the Briye Cosmetics is strictly prohibited, except as otherwise approved by us. You may not download or save a copy of any of the materials and content or screens for any purpose except as otherwise provided by Briye Cosmetics. If you make use of the Briye Cosmetics, other than as provided herein, in doing so you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. The information contained in the Briye Cosmetics including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including, but not limited to, copyright law.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
Briye Cosmetics publishes information within the Briye Cosmetics as a convenience to its visitors. While Briye Cosmetics attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Briye Cosmetics at any time without notice. The Briye Cosmetics products described in the Briye Cosmetics may not be available in your region. Briye Cosmetics does not claim that the information on this Site is appropriate to your jurisdiction or that the products described in the Briye Cosmetics will be available for purchase in all jurisdictions.
YOUR USE OF THE Briye Cosmetics ARE AT YOUR SOLE RISK. THE Briye Cosmetics AND THE PRODUCTS OFFERED THROUGH THE Briye Cosmetics ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Briye Cosmetics DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Briye Cosmetics MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT THE OPERATION OF THIS SITE OR ANY OF THE Briye Cosmetics WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR AS TO THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, OR ANY OF THE Briye Cosmetics, IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE, UNLESS OTHERWISE SPECIFIED IN WRITING.
Briye Cosmetics SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE Briye Cosmetics OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH Briye Cosmetics, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF Briye Cosmetics HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Briye Cosmetics SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE Briye Cosmetics ISSUED AGAINST YOU BY THIRD PARTY FINANICAL INSTITUTIONS SUCH AS BANKS OR CREDIT CARD COMPANIES. Briye Cosmetics SHALL NOT BE LIABLE FOR ANY OVERDRAFT, LATE OR ANY OTHER CHARGES ISSUED AGAINST YOU BY A BANK OR CREDIT CARD.
CERTAIN STATE LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Briye Cosmetics, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE Briye Cosmetics. IF A PRODUCT OFFERED THROUGH THE Briye Cosmetics IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT IN ACCORDANCE WITH THE RETURN POLICY SET FORTH IN DETAIL IN THESE TERMS OF SERVICE.
Briye Cosmetics makes no warranties of any kind regarding any third party sites to which you may be directed or hyperlinked from the Briye Cosmetics. Hyperlinks are included solely for your convenience, and Briye Cosmetics makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such third party sites. Briye Cosmetics does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties through the Briye Cosmetics.
INDEMNITY AND RELEASE
You agree to indemnify and hold Briye Cosmetics and its parent, subsidiaries, affiliates, officers, agents and employees harmless from any and all liabilities, claims, demands, actions, suits, losses, obligations, judgments, proceedings, damages, expenses and costs (including reasonable attorneys' fees), based upon, arising from or related to (a) information or content submitted, transmitted or otherwise made available on or through the Briye Cosmetics by you or any other person accessing the Briye Cosmetics using your Account; (b) the use of, or connection to, the Briye Cosmetics by you or any other person accessing this Site using your Account (including negligent or wrongful conduct); or (c) your breach or attempted breach of these Terms of Service.
DISPUTES AND DISPUTE RESOLUTION
GOVERNING LAW
Use of the Briye Cosmetics, membership in the Briye Cosmetics VIP Membership Program, any purchases made through the Briye Cosmetics, and any controversy, claim or dispute arising out of or relating in any way to your use of the Briye Cosmetics, your membership in or purchases through the Briye Cosmetics, Briye Cosmetics VIP Membership Program and/or your Account, or products purchased through the Briye Cosmetics shall be governed by the laws of your home state of residence without respect to its choice (or conflict) of laws rules.
Any claim or cause of action you may have with respect to Briye Cosmetics or the Briye Cosmetics must be commenced within one (1) year after the claim or cause of action arose.
CLASS ACTION WAIVER
Both you and Briye Cosmetics waive the right to bring any controversy, claim or dispute arising out of or relating in any way to your use of the Briye Cosmetics, your membership in or purchases through the Briye Cosmetics VIP Membership Program and/or your Account, or products purchased through the Briye Cosmetics as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any such claim brought by anyone else. (This waiver, and the similar waiver specified for arbitration proceedings, are generally referred to herein as "the class action waiver.")
FORUM SELECTION/JURISDICTION
Jurisdiction and venue for any dispute shall be in Atlanta, Georgia. Each party submits to personal jurisdiction and venue in that forum for any and all purposes
GENERAL INFORMATION
These Terms of Service constitute the entire agreement between you and Briye Cosmetics and govern your use of the Briye Cosmetics, and they supersede any prior agreements between you and Briye Cosmetics. You also may be subject to additional terms and conditions that are applicable to certain parts of the Briye Cosmetics. Briye Cosmetics may terminate this Agreement and deny you access to the Briye Cosmetics at any time, immediately and without notice, if in Briye Cosmetics' sole discretion you fail to comply with any provision of these Terms of Service.
You agree that no joint venture, partnership, employment, or agency relationship exists between Briye Cosmetics and you as a result of this Agreement or your use of the Briye Cosmetics.
The failure of Briye Cosmetics to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these Terms of Service shall not affect the enforceability of those portions of the Terms deemed enforceable by applicable courts of law.
You may not assign the Terms or any of your rights or obligations under the Terms without Briye Cosmetics' express written consent. The Terms inure to the benefit of Briye Cosmetics' successors, assigns and licensees. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.