Terms and Conditions
TERMS AND CONDITIONS
CONDITIONS OF PURCHASE
PLEASE CAREFULLY READ THESE CONDITIONS OF PURCHASE BEFORE PLACING AN ORDER ONLINE OR OVER THE TELEPHONE, OR OTHERWISE USING THIS WEBSITE OR ANY OTHER BROCK BEAUTY WEBSITE. This website is owned and operated by BROCK BEAUTY, INC. and its subsidiaries, affiliates and/or representatives (collectively “BROCK BEAUTY”, “Company”, “us”, “we” or “our”). The Conditions of Purchase, together with our Website Policy, Privacy and Cookies Policy, Ordering, Shipping and Return Policies, Dispute, Arbitration and Class Action Waiver, User Generated Content Policy, Autoship Program Policy, Hair Analysis Service Policy and any amendments or supplements to the same (collectively, the “Agreement”) form a legally binding agreement between you and Brock Beauty. This Agreement governs your access to and use of the Brock Beauty Websites, sometimes referred to hereinafter as (“Website” or “Site”) any order you place through the Brock Beauty websites or by telephone, and, as applicable, your use or attempted use of our products and services (collectively, “Your Use”).
Your Use of the Website shall be deemed to constitute your consent to be bound by this Agreement and shall be enforceable in the same way as if you had signed this Agreement. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE TERMINATE USE OF OUR WEBSITE(S).
THIS AGREEMENT INCLUDES A MANDATORY ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER.
TABLE OF CONTENTS
- Website Policy
- Privacy and Cookies Policy
- Ordering, Shipping and Return Policies
- Dispute, Arbitration and Class Action Waiver
- User Generated Content Policy
- Autoship Program Policy
- Hair Analysis Service Policy
1. WEBSITE POLICY
In order to use this website, you must be (a) 18 years or older and have the power to enter into a binding contract with us and not be barred from doing so under any applicable laws; or (b) 13 years or older and have your parent or guardian’s consent to the Agreement. If you use the Website, you are affirming that you are at least 13 years old.
This Website is owned and operated by Brock Beauty. The following terms and conditions (“the Terms”) govern your use of the Site. You must read these Terms carefully, as your use of the Site establishes that you agree to follow and be bound by the Terms found herein. If you do not agree to these Terms, you should immediately terminate your use of the Site.
No material from the Site may be copied, duplicated, republished, uploaded, posted transmitted or distributed in any way. The Site, including all of its information and contents, such as text, slogans, articles, data, icons, characters, artwork, images, photographs, graphics, music, videos and graphics (“Content”), is Brock Beauty’s property that is protected by trademark and/or copyright under United States and/or foreign laws.
We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products and services described on the Site and to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, the Content on the Site as well as features and/or hours of availability of the Site, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.
The Site may be used only for lawful purposes and is available only for your personal, noncommercial use, which shall be limited to viewing the Site and purchasing products.
Engaging in conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any city, state, national or international law or regulation is prohibited.
Attempting to interfere in any way with the Site’s or Brock Beauty’s networks or network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system is prohibited.
Disclaimers and Limitation of Liability
Brock Beauty publishes information and articles on its Sites for purposes of convenience and entertainment for its visitors and customers. While Brock Beauty attempts to provide accurate information, there may be unintentional technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site at any time without notice.
Brock Beauty does not claim that the information in the Site is appropriate to your location or that the products described in its Site will be available for purchase in all locations.
You assume all responsibility and risk with respect to your use of the Site, which is provided “AS IS.”
Brock Beauty makes no warranties of any kind regarding any non-Brock Beauty, or third party sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and Brock Beauty makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-Brock Beauty sites. Brock Beauty does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.
IN NO EVENT SHALL BROCK BEAUTY, INC., ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITE, EVEN IF BROCK BEAUTY OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
2.Privacy and Cookies Policy
Brock Beauty is totally committed to protecting the privacy of our site visitors and customers. We are customers of other Internet sites and fully appreciate and respect the importance of privacy on the Internet. We will not disclose information about our customers to third parties except where it is part of providing a service to you – e.g. arranging for a product to be sent to you, carrying out credit and other security checks and for the purposes of customer research and profiling or where we have your express permission to do so.
Cookies are information files that are sent to your computer or mobile device when you visit a website using that computer or mobile device. It is utilized to recognize your device when you return to the website for future visits. These types of files do a number of different jobs such as remembering your personal preferences and items you may have viewed, assisting us to improve your site experience as well as trying to ensure the advertisements or offers you see online are more relevant to you. Generally, these cookies can be divided into 4 types, each of which is outlined below.
Strictly Necessary Cookies
Strictly Necessary Cookies are necessary to enable the website to provide services you have asked for such as remembering your shopping bag items and assisting with checkout.
Performance Cookies collect anonymous information on how you use the site. The data is then merged with other users’ data to enable Brock Beauty to improve how the website operates. We use Google Analytics cookies to help us understand how our customers arrive at our site; browse or use our site; and highlight areas where we can improve such as navigation, shopping experience and marketing campaigns. The data stored by these cookies never reveals personal details from that could establish a user’s personal identity.
Functionality Cookies remember choices you make such as language, search parameters such as size or color. These can then be used to provide you with a quicker, more tailored and pleasant experience when returning to our website to order. The information is also merged with other users on an anonymous basis to enable us to improve the functionality of our website.
Targeting Cookies or Advertising Cookies
Targeting Cookies or Advertising Cookies collect information about your browsing preferences in order to make our advertising more relevant to you and your interests. They remember the websites you have visited and will share some information with other 3rd parties such as advertisers.
If you are uncomfortable with any of these cookies, you may change the settings on your browser to prevent cookies from being stored on your computer or mobile device without your explicit consent. Please see your browser “help” section for details on how to manage the cookie settings.
Sharing and Use of Information
Disclosures of your information
We may disclose your personal information in the event that Brock Beauty is acquired by a third party, in which case personal data which we hold about our customers may be one of the transferred assets; or if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or to protect the rights, property, or safety of Brock Beauty our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
We will not sell your name, address, e-mail address, credit card information or personal information to any third party. It is important to know that we cannot be held responsible or held liable for the actions of third party sites from which you may have been directed to the Brock Beauty website or third party websites you may have been directed to by clicking a link found to the Brock Beauty website.
Links to Outside Websites
Our website may contain links to and from the other affiliate websites, advertisers and other third parties. If you follow a link to any of these websites, please note that they have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
Please take notice that by creating an account and/or placing your order outside of the United States you acknowledge your data related to your account and/or purchases will be transferred to the United States for processing.
3 . Ordering, Shipping and Return Policy
Customers may contact by the telephone number or email address located on the contact page. Our Customer Service Center is available from 8am – 5pm CET, Monday – Friday.
After clicking the “Order Now” button you will be directed to our order page where you can review your cart and purchase your items.
Please take notice that by creating an account and/or placing your order outside of the United States you acknowledge your data related to your account and/or purchases will be transferred to the United States for processing.
PURCHASING AND PAYMENTS
Customers outside of the Netherlands, Germany and the UK may place a maximum order of four (4) bottles per order and a total of twelve (12) bottles per year.
Any and all Brock Beauty products (including, but not limited to, the following brands: Hairfinity, Infinite Lash, and Dermera) that are purchased online, or received as the result of a online purchase, through a website owned and/or operated by Brock Beauty are NOT FOR RESALE; with the sole exception belonging to Brock Beauty authorized retailers and distributors.
If you purchase products that do not come directly from Brock Beauty or an authorized retailer or distributor we cannot certify that the products are not counterfeit, contaminated or illegally obtained. Contaminated products may have had their ingredients changed or tampered with, or had the expiration date altered by the reseller. Illegally obtained products may include products coming from other countries where the ingredients may differ depending on the health or regulatory requirements of a particular country. Improper storage and handling may alter the performance of these products or pose a health risk. Further, we will not return the items or refund the amount paid.
ACCEPTABLE FORMS OF PAYMENT
Credit Cards – American Express, MasterCard, Visa and Paypal
The shipping department is able to ship to street addresses and PO Boxes within Europe. The purchaser is responsible for providing the correct mailing address. Please be certain your address is correct regardless of your ordering process, before finalizing your order. We cannot be responsible for goods delivered to the wrong address.
If you would like to add insurance to cover any lost or stolen packages, you may do so for a small fee when checking out. If you select to insure your package a signature will be required upon receipt. If an insured package is lost or stolen, Brock Beauty will reship replacement products. You will only be responsible for paying shipping costs on the replacement products.
If you think your insured package has been lost or stolen contact customer service at email@example.com. You will be required to submit an Official Statement and supporting documentation along with a copy of your photo ID.
Order Processing Times:
We typically ship Monday-Friday and try to process orders within 48 hours (except holidays and weekends). Orders submitted on weekends or holidays will process the next business day.
All packages, unless otherwise stipulated, once processed, are shipped via Post.NL. This service provides delivery confirmation for all of our orders. All delivery times are estimated from the time your order leaves our processing center. Please allow 3-5 business days from the time the order leaves the processing center.
Third Party Shipping
Customers using a third party shipping service are responsible for any duties, taxes and shipping costs that may occur. Brock Beauty is not liable for any damages resulting from customer’s use of any third party shipping services.
Lost or Stolen Packages
Brock Beauty is not responsible for lost or stolen packages that have a confirmed delivery to the address entered for an order. Upon inquiry, Brock Beauty will confirm delivery to the provided address, date of delivery, tracking information and shipping carrier information for the customer to investigate.
Incorrect Shipping Information
If a package is returned to Brock Beauty due to an incorrect or incomplete shipping address provided by a customer, the customer will be responsible for the return shipping cost as well as the redelivery cost. Brock Beauty is not responsible for packages delivered incorrectly or lost due to incorrect or incomplete shipping information provided by a customer.
To serve you better, we will begin to process your order immediately after you click the “SUBMIT ORDER” button. Because our system processes orders immediately, we are usually unable to change or cancel an order once it is submitted. Also, once an order is placed, unfortunately products may not be edited. If there is an error in your shipping address, please contact customer service immediately by contacting the telephone number or email address on the contact page. Once an order has shipped we cannot be responsible for errors in shipping address.
Tracking Your Order
When your order is ready to be shipped, you will receive a shipment confirmation e-mail. The majority of our orders are processed within 48 hours after the order has been placed and will be delivered 3-5 business days after the order is processed and shipped. The confirmation e-mail will contain shipment details and a tracking number. To track the order visit the carrier’s website.
Occasionally when a customer tries to track a package within 48 hours after ordering, tracking information is not available about the package, this is because the carrier has not scanned the package. When the package is scanned, the customer will be able see the tracking information. Please allow at least 48 hours for the carrier to scan the packages. If the tracking information still does not appear please call customer service at one of our numbers or emails on the contact page.
RETURNS AND EXCHANGES
Refund and Money Back Guarantee
Brock Beauty stands behind the products we sell. We recognize that although our products have extremely high consumer satisfaction, there is no one product that may work for everyone.
Customers may return the product, if they are not satisfied, within 14 days of receipt of purchase. To complete the return, customers must unequivocally inform Brock Beauty of their decision to withdraw from the purchase. Customers may do this by including a written statement with the goods that they are returning by post and by contacting the Customer Support Relationship Manager on the contact page. Customers will not be afforded this opportunity if they send the goods back without prior notice to customer service and the written statement with the return product.
Customer’s refund will be processed within 14 days from receipt of the return notification and receipt of the goods. Please note that customers can delay refunding if they have not returned the goods to Company and/or provided evidence that they have shipped the goods for return. Customer is responsible for the costs of returning the goods to Company.
NOTICE: The unused portion of the product will not be returned to you for health and safety reasons. If you have previously returned our products under this refund policy, any future requests for a refund will not be honored. .
Damaged or Defective Products
Defective or damaged products may be returned directly to us within 30 days from the order date. At our discretion, you may receive a credit or replacement product. Any item that appears to be purchased from an unauthorized reseller will not be accepted.
Customers must first contact the Customer Support Relationship Manager llisted on the contact page and then return the defective product within the specified period of time, along with all original packaging, manuals, and other accessories and documentation which may have been originally included in the original shipment; the receipt; and a statement containing customer’s name, address and reason for return to:
2984 BD Ridderkerk
4. Dispute, Arbitration and Class Action Waiver
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH BINDING ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST.
YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
Arbitration is a method of resolving a Claim without filing a lawsuit. “Claim” means any dispute between you, Brock Beauty, and/or any involved third party relating to your Your Use (defined here), your relationship with Brock Beauty, or this Agreement. This includes any and all claims that relate in any way to your use of the products and any act or omission by Brock Beauty or any third party related to your use of the products. By agreeing to arbitrate, you waive the right to go to court and agree instead to submit any Claims to binding arbitration.
Mandatory Pre-Dispute Procedures.
You acknowledge and agree that before initiating any Claim against Brock Beauty, you will first give us an opportunity to resolve your problem or dispute. This includes sending a written description of your problem or dispute to us, including the information or representations related to our products and upon which you rely. You may send the written description to Brock Beauty NL, Attention: Legal Notice at Wagenmakerstraat 2984 BD Ridderkerk, The Netherlands. You agree to negotiate with Brock Beauty in good faith about your problem or dispute. If for some reason your problem or dispute is not resolved to your satisfaction within 60 days after Brock Beauty’s receipt of your written dispute, you agree to the dispute resolution provisions below.
Commencement of Arbitration
You agree to commence any arbitration proceeding within 1 year after the Claim arises (including the mandatory pre-dispute procedures outlined above) and that any proceeding commenced after 1 year shall be barred.
It may be held by telephone or through written submissions if both you and Brock Beauty agree.
Sponsoring Organization, Rules and the Arbitrator.
The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of this Agreement and this arbitration provision. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or Brock Beauty.
The parties shall each pay their own fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.
Exclusive Venue for Other Controversies.
You agree that any controversy excluded from the dispute resolution procedure and class action waiver provisions in this Agreement shall be governed, construed, and interpreted in accordance with the laws of the Netherlands, without reference to any conflicts of law principles.
Modifications to the Agreement
Brock Beauty may make changes to Agreement, from time to time, in its sole discretion, by updating this posting on the Website without notice to you. Your continued use of the Website following the posting of a new version of the Agreement constitutes your acceptance of any such changes. Accordingly, whenever you visit the Website, check to see if a new version has been posted.
5. User-Generated Content Policy
Subject to the limitations set forth herein, we may transfer any photographs, comments, video clips, reviews and other communications and content (“Your Content”) to the Website from our social media pages. Unless we indicate otherwise, by posting or submitting Your Content to the Website or our social media sites, you grant Brock Beauty a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content, and the name submitted in connection with such content, throughout the world in any media now known or hereafter conceived. Brock Beauty and its affiliates are free to use any ideas, concepts or know-how contained in Your Content for any purpose whatsoever including, but not limited to, developing, manufacturing, distributing and marketing products using such information.
If you wish to have Your Content removed, please contact firstname.lastname@example.org
6. Autoship Program Policy
If you are placing an order online or by telephone as part of our autoship program, your membership in the program will remain in effect until it is cancelled by you. We may, in our sole discretion, terminate your membership in the program at any time without notice to you.
Once you are enrolled in the autoship program your method of payment will be stored and charged every thirty days from the date of your original purchase. Your original purchase will be processed at full price and each purchase thereafter pursuant to the autoship program will reflect a 15% discount of the sale price until your membership is cancelled. If your membership is cancelled for any reason you will be required to pay full price for your next purchase even if you re-enroll in the autoship program.
IF YOU ARE A MEMBER OF OUR AUTOSHIP PROGRAM, EACH SHIPMENT AND PAYMENT WILL BE AUTOMATICALLY PROCESSED. WE WILL NOT NOTIFY YOU BEFORE SHIPMENT OF PRODUCT AND YOUR METHOD OF PAYMENT WILL BE CHARGED AT THE TIME OF SHIPMENT AND YOU WILL RECEIVE CONFIRMATION OF PAYMENT AND SHIPMENT ONCE PROCESSED.
By enrolling in the autoship program, you acknowledge and agree that you will not hold Brock Beauty responsible for any overdraft charges or fees, which might result during the ongoing autoship program.
If you wish to cancel your participation in the autoship program, you may do so (i) online via access to your Brock Beauty customer account or (ii) by the contacting customer service phone number or email on the contact page.
It is your responsibility to notify Brock Beauty of any changes in the address registered with our autoship program. We will not be responsible for goods delivered to the wrong address. Likewise, you must also notify Brock Beauty of any in your payment information, for example, if it is cancelled or is no longer valid. Changes to such information can be made by contacting the customer service email or phone number on the contact page. You can also make changes through your customer account online.
8. Hair Analysis Service Policy
Hair Analysis Service Policy provides the Terms that shall govern your use of the Hair Analysis services of Brock Beauty, and its authorized agents and subsidiaries (collectively “us” or “we”). By engaging our services, you agree that you have read, understand and consent to these Terms:
Our Services. Brock Beauty will analyze your hair in our US lab and pinpoint the exact cause of your specific hair problems. Results include a report describing damage found and a hair plan with recommendations to improve your hair’s condition.
When you order the Hair Analysis, you receive a kit to send us your hair sample by mail. You will need to send 5 to 10 hair strands that have been shed (“Sample”). When we receive your Sample, we will do a visual inspection of the strands noting length, color and texture. Once the visual inspection is complete, we will use high-precision imaging to assess your cuticle, cortex, curl pattern and more.
Once the assessment is complete we will send your results in a comprehensive, but easy to read report about the condition of your hair. You will receive high-resolution images of key sections of your hair shaft ranging from the area closest to the root (new growth) to the very end of the strand. Each image will be accompanied by a detailed explanation, including potential causes of any damage found. Additionally, you will be provided with a customized hair care regimen with recommendations on how to address the damage, specific products that will help improve and maintain the health of your hair, as well as other valuable tips about how to better care for your hair.
Please allow 6 to 8 weeks to receive the results the analysis because it is performed in our labs in the US. Your analysis will be delivered to you by email or post along with any applicable educational information and/or product suggestions. Your Sample will not be returned to you.
Your Responsibilities. You must provide accurate contact information; submit a complete questionnaire and Sample. Further, you agree to follow all recommendations, protocols and other instructions provided by Brock Beauty And you hereby affirm by engaging our services, that you are eighteen (18) years or older.
Service Acceptance. You agree and have the legal right and ability to: (i) agree to the terms herein, (ii) use the services for your personal benefit and (iii) abide by the obligations herein. You further agree that the analysis you receive from Brock Beauty shall be solely for your personal use.
Brock Beauty makes no representations or warranties about the adequacy or accuracy of any information and/or results of analysis. Brock Beauty, Inc. cannot and will not provide any medical diagnosis our treatment.
Ordering/Cancellation Policy. Brock Beauty accepts various forms of electronic payment for services in accordance with Brock Beauty policies and this agreement. Payment for services is rendered at the time of ordering services. You may only cancel your order prior to our confirmed receipt of your Sample for a full refund, by the contacting customer service phone number or email address on the contact page.
Limitation of Liability; Indemnity. TO THE FULL EXTENT PERMITTED BY LAW: (a) IN NO EVENT WILL BROCK BEAUTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, EVEN IF BROCK BEAUTY HAS BEEN ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND (b) IN ANY EVENT, BROCK BEAUTY’S TOTAL AGGREGATE LIABILITY IN CONNECTION WITH THIS AGREEMENT, FOR ALL CLAIMS OF ANY KIND WILL NOT EXCEED THE AMOUNT YOU HAVE PAID TO BROCK BEAUTY. FOR THESE SERVICES. To the extent permitted by law, you agree to release, indemnify and hold Brock Beauty, its owners, advisors, officers, directors, affiliates, employees, and agents harmless from all liabilities, claims, expenses arising from injury or personal damage that occurs, as a result of your use of the Site, your choice of payment method, or your receipt of notices or information at your contact address.
Notice. For Legal Notices: Legal@brockbeauty.com For Customer Service inquiries: email@example.com