These are the terms and conditions (the “Sale Terms”) that apply when you purchase products on our website including gift cards and e-gift cards (“merchandise”) from Erborian. By placing an order for merchandise through erborian.com, Erborian microsites or mobile sites, or mobile applications (collectively our “Website”) or by phone, you accept these Sale Terms and agree to be bound by them. We may change the Sale Terms from time to time. By continuing to use our Website after we post any such changes, you accept the Sale Terms, as modified. If you have any questions about the Sale Terms or any aspect of your order, please contact our Customer Service department by sending us a message through the Contact Us tab that is accessible via the HELP AND CONTACT link on our Website or call +(1)888-623-2880.
ORDER ACCEPTANCE AND BILLING
Orders are subject to verification and acceptance before shipping. All billing information provided must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Sale Terms and may result in cancellation of your order. Prior to accepting an order, Erborian reserves the right to request additional information from you to verify your identity and validate the billing information to process your order. We reserve the right to refuse or cancel an order for any reason, including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud prevention department. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. Erborian may request a pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s). You will not be charged for most orders until the order has shipped, however, you will be charged at the time your order is placed for orders paid for with a gift or e-gift card (collectively, “Gift Card”) or PayPal account. Erborian reserves the right in its sole discretion to limit the quantity of items purchased per person, per household, per email address, per IP address or per order for any reason. These restrictions may apply to orders placed by the same account, the same credit card, and also to orders that use the same billing, email, IP and/or shipping address. We will notify you should such limits be applied. Erborian reserves the right to deny any order for any reason, including, but not limited to, the following situations: Error in Billing, Payment or Shipping Information Some orders cannot be processed due to an error in information you have provided, which includes, but is not limited to: o an incorrect credit card or debit card number, expiration date and/or card security value, or information regarding other payment types; o incorrect billing information (for example, if the billing information you provide is different from information your financial institution has on record); o an insufficient or incorrect shipping address (including street address, city, state, zip or postal code); o or any suspected fraudulent information. Merchandise Shipping Delay or Unavailability If an item of merchandise is delayed out of our distribution center or becomes unavailable, or if there is an error on our Website relating to the order (for example, an error relating to the price or description of merchandise), Erborian may cancel the order. If this occurs we will contact you so you are aware. Reshipping of Merchandise The merchandise sold on our Website is intended for personal use only, not for resale. Any suspected resale of our merchandise for personal or business profit is strictly prohibited. We will not accept and reserve the right to cancel orders that appear to be for resale purposes. Any orders found to have characteristics of reselling, such as large quantities, frequent orders, orders by dealers or resellers or the use of freight forwarding, may be cancelled in the sole discretion of Erborian, and Erborian shall have the right to cancel all subsequent orders from any such customers. For purposes of this Agreement, reselling shall be defined as purchasing or intending to purchase any merchandise from Erborian for the purpose of engaging in a commercial sale of that same merchandise with a third party. Previous Fraudulent Order History Erborian may refuse to accept any order if fraudulent activity is suspected and may refuse to process subsequent orders from customers with a previous fraudulent order history. We also may refuse any orders connected with a previous credit card dispute. If Erborian rejects your order because of an error in pricing or other information about the merchandise, we will notify you at the email address you provided and ask you whether you would like to re-submit your order to purchase the relevant merchandise once the information in the order is validated. If we do not receive a response from you within seven days, Erborian may cancel the order.
PRICING AND PAYMENT POLICY
Pricing for merchandise may be different on our Website or from prices available in our stores or through our wholesale partners. Merchandise displayed on our Website is available while supplies last. The prices displayed on our Website are quoted in US dollars and are valid only on the US mainland. Erborian reserves the right to update and make corrections to information on our Website at any time and without warning and will not be held liable for any inaccurate information or for any information that has been omitted from our Website. Price and availability information are subject to change without notice. In the event that a product is listed at an incorrect price, we shall have the right to refuse or cancel orders placed for the product listed at the incorrect price. Acceptable Forms of Payment: Visa, MasterCard, Discover, American Express, and Pay Pal. We apologize for not accepting Diner’s Club. Gift Cards are available for purchase online in any increments of $25, $50 or $100. For more information or to purchase, click here. Gift Cards may be redeemed online and at any Erborian boutique. Gift Cards also may be redeemed by telephone order (1-888-623-2880). When you purchase Gift Cards, regular shipping charges are added as well as sales tax, if applicable. Sales tax is collected on total merchandise orders delivered to: AL, AZ, CA, CO, CT, DC, FL, GA, HI, IL, IN, LA, MA, MD, MI, MN, MO, NE, NC, NJ, NY, NV, OH, PA, TN, TX, VA, WA, WI. Some states also require us to collect sales tax on shipping charges. PROMOTIONAL CODES Occasionally, Erborian offers promotions through e-mails, catalogs, mailings and advertisements. Once you sign up and agree to receive promotional materials from Erborian, you will receive e-mail promotions and offers that include special codes for free shipping or other discounts. To sign up for our promotions, please visit our Email Signup page. By using our Website, you acknowledge and agree that excessive abuse or misuse of promotional codes and other promotions may result in cancellation of the order or item. In order to allow fair redemption and distribution of promotions to our registered clients, Erborian may restrict redemption to one per person, per household, per email, per IP address or per order for any reason. Promotional codes are limited in nature and may expire or discontinue with or without notice. Promotional codes are void where prohibited by law. Promotional codes may not be copied, sold, or otherwise shared. They are not redeemable for cash and are subject to cancellation or change at any time for any reason.
Last updated: 4/16/2014 ERBORIAN creates every product with care, passion and the highest level of expertise. Our objective is always that you are delighted with your purchase. In the unlikely event that a product does not meet your satisfaction or does not deliver expected results, we will happily issue a full refund to the original credit card for any merchandise purchased in store or online, even opened, if it is returned to one of our retail boutiques within 30 days of the date of purchase. All returns must be accompanied by the original receipt. Items purchased with cash may only be exchanged or a store credit will be issued. There are no cash refunds. Regretfully, at this time, we are not able to process the returns of opened merchandise online or through our customer service department. You may, of course, return in our retail boutiques or online any unopened products in sellable condition within 30 days of purchase as long as they are accompanied by the original receipt. After 30 days and up until 60 days following a purchase, ERBORIAN either will issue you a store credit or exchange unopened merchandise in sellable condition that is returned in a retail boutique or online. Returns of unopened products can be made through any of our boutiques in the USA or through our customer service department, regardless of whether the merchandise was originally purchased online or in a boutique. However, we will only accept for return or exchange products that were purchased from ERBORIAN directly – through one of our retail locations, our website or our mail order department in the USA. Unfortunately, we are not able to process returns of products that were purchased through any of our wholesale partners. Please also note that all purchases made in our outlet locations are final and cannot be returned or exchanged. ERBORIAN reserves the right to modify its exchange and return policies at any time, without notice. Need Help? Call 1-888-623-2880
Erborian welcomes feedback on your experience with our merchandise. We will publish on our Website both positive and negative comments, so long as the comments, reviews or testimonials (collectively, “Testimonials”) are accurate, constructive and not misleading. If you submit Testimonials that we do not publish on our Website, our customer service department may contact you in order to improve our product quality and service. We also reserve the right to edit all Testimonials for length, spelling, grammar, or for any other reason in our sole discretion so long as the meaning of the Testimonial is not materially altered. By submitting a Testimonial to Erborian, you hereby grant to Erborian the unrestricted right to use your Testimonial in perpetuity, through any and all media formats and media channels now known or hereinafter developed, without compensation, and to identify the source of the Testimonial by indicating your first name, last initial, city and/or state. Thank you for taking the time to share your thoughts with other Erborian customers.
All copyrights, trademarks, trade dress, other intellectual property and materials, including page headers, images, text, illustrations, formats, logos, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials on our Website (collectively, the “IP”) are owned, controlled or licensed by Erborian, one of its affiliates or by third parties who have licensed their materials to Erborian and are protected by U.S. and international trademark and copyright laws. You may access, view, download, and print the IP and all other materials displayed on our Website for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark or other proprietary designations contained on all IP; (2) do not modify or alter the IP in any way; and (3) do not provide or make available the IP to any third party in a commercial manner. No license, right, title, or interest in any materials or software is transferred to you as a result of your use of our Website or your accessing, viewing, downloading, or printing of the IP. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the IP, our Website or any related software. All software used on our Website is the property of Erborian or its suppliers and protected by U.S. and international copyright laws. The IP and software on our Website may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the IP on our Website is strictly prohibited. The compilation (meaning the collection, arrangement, and assembly) of all IP on our Website is the exclusive property of Erborian and is also protected by U.S. and international copyright laws. The trademark and service mark ERBORIAN, the Erborian.com domain name and all other graphics, logos, page headers, button icons, scripts, and service names included in or made available through any of our Website are trademarks or trade dress or otherwise the exclusive property of Erborian in the United States and other countries.
You agree to defend, indemnify, and hold harmless Erborian and its affiliates from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from or related to your use of our Website or any breach by you of these Sale Terms. DISCLAIMER OUR WEBSITE IS PROVIDED BY ERBORIAN ON AN “AS IS” AND “AS AVAILABLE” BASIS. ERBORIAN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON OUR WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ERBORIAN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, ERBORIAN DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON OUR WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF OUR WEBSITE, THAT YOUR USE OF OUR WEBSITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL ERBORIAN OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE OUR WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF ERBORIAN HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT WILL ERBORIAN BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF OUR WEBSITE DURING THE SIX-MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
The foregoing Sale Terms govern all transactions between you and Erborian through our Website and supersede all prior agreements and representations. Headings are for reference purposes only and in no way define or limit the scope of the section. If any provision of these Sale Terms is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms shall remain in full force and effect. The failure of Erborian to act with respect to a breach of the Sale Terms by you or others does not constitute a waiver and shall not limit Erborian’s rights with respect to such breach or any subsequent breaches. The Sale Terms shall be governed by and construed under New York law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to these Sale Terms or your use of our Website must be brought in the state or federal courts of New York, and you hereby consent to the exclusive personal jurisdiction of such courts.