If you are using a screen reader and having any difficulty using our website, we are here to help! Contact Customer Care at 866-464-3358, Monday through Friday, 9AM to 5PM EST or email us at UScustomerservice@erborian.com.

INTRODUCTION

The following terms and conditions (“Terms of Use”) govern your use of our Websites and apply when you purchase products on our Websites, from Erborian.  Your continued use of the Websites constitutes your agreement to follow and be bound by the Terms of Use (the “Agreement”).  By placing an order for Merchandise through usa.Erborian.com or any Erborian-owned or affiliated Internet sites, including but not limited to usa.Erborian.com, mobile sites, or mobile applications (collectively our “Websites”), accessed via a user’s computer, mobile, e-reader, tablet or other device (“Device”) used to access the online services, and applications and websites affiliated with Erborian goods and services (collectively, the “Online Services”) or by phone, you accept these Terms of Use and agree to be bound by them.  The Websites are provided as a service to our customers.

PLEASE BE INFORMED THAT THIS AGREEMENT CONTAINS AN ARBITRATION REQUIREMENT AND WAIVER OF RIGHT TO BRING CLASS ACTIONS (see below).

YOUR USE OF THE WEBSITE CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THE AGREEMENT. WE RESERVE THE RIGHT TO UPDATE OR MODIFY THIS AGREEMENT AT ANY TIME WITHOUT PRIOR NOTICE. FOR THIS REASON, WE ENCOURAGE YOU TO REVIEW THE AGREEMENT WHENEVER YOU USE THE WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SITES.

If you have any questions about 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 Websites 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 Terms of Use 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) of Merchandise. 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”), PayPal account, and Amazon Payment. Orders placed using PayPal, Amazon Payments, and e-gift card cannot be modified.  However, if you need to modify an order that you paid for with funds through PayPal or Amazon Payments, please contact customer service to cancel the existing order and place a new one.
Erborian reserves the right in its sole discretion to limit the quantity of Merchandise 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.

Please note that while we have tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.

Erborian reserves the right to refuse or cancel 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:

  • an incorrect credit card or debit card number, expiration date and/or card security value, or information regarding other payment types;
  • incorrect billing information (for example, if the billing information you provide is different from information your financial institution has on record);
  • an insufficient or incorrect shipping address (including street address, city, state, zip or postal code);
  • or any suspected fraudulent information.

Errors, Inaccuracies, and Omissions
Occasionally, there may be information on our Websites that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Websites is inaccurate at any time without prior notice (including after you have submitted your order).
 
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 Websites 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 Websites 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 for Merchandise 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 Websites or from prices available in our stores or through our wholesale partners. Merchandise displayed on our Websites is available while supplies last and may be different from products offered in our retail stores. The prices displayed on our Websites 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 Websites 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 Websites. 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, Amazon Payment and Pay Pal. 

Sales tax is collected on total Merchandise orders delivered to: AL, AZ, CA, CO, CT, DC, FL, GA, HI, IL, IN, KS, KY, LA, ME, MA, MD, MI, MN, MO, NE, NC, NJ, NY, NV, OH, PA, RI, SC, TN, TX, VA, WA, WI.
 
Some states also require us to collect sales tax on shipping charges for Merchandise delivered to: CO, CT, DC, FL, GA, HI, IL, IN, KS, KY, MI, MN, MO, NE, NC, NJ, NM, NY, OH, PA, RI, SC, TN, TX, WA, WI.

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 may include special codes for free shipping or other discount offers. To sign up for our promotions, please visit our Email Signup page. 
By using our Websites, 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 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.

SHIPPING POLICY

Standard shipping generally is free with all orders of $49 or more!  Occasionally, Erborian offers promotions that feature free shipping with no or a lower minimum purchase requirement.  Erborian reserves the right to modify its shipping policy at any time, without advance notice. 
Purchases are shipped from our warehouse in New Jersey and are scheduled arrive within 2 - 10 business days from receipt of your order. For an additional charge per address, we can expedite delivery by Federal Express to most destinations in 4 business days (processing time included).

Shipping Rates & Options:

Standard Delivery, 48 states(USPS)
COST: $5.99
ORDER ARRIVAL: 2 - 6 Business Days
USPS Ground will deliver your package within 5 - 10 business days from receipt of your order. Most of the orders shipped with Standard USPS Ground option on the East Coast can be expected sooner (within 2 - 4 business days). To determine when your package will arrive, please determine the number of Shipping Days to your location from the map below and add two additional days for order processing.

Standard Delivery - PO Box / APO / FPO Delivery
COST: $5.99
ORDER ARRIVAL: 5 - 7 Business Days(APO/FPO orders can take up to 4 weeks)
We are able to deliver to PO Boxes, APO and FPO Addresses through USPS Ground Shipping. Please add a few extra days for delivery to PO Boxes, APO and FPO Addresses plus two additional days for order processing.

Express Delivery, 48 states (UPS)
*excludes Alaska, Hawaii & Puerto Rico
COST: $17.99
ORDER ARRIVAL: 4 Business Days (Processing time included)
For an additional fee, we will provide Express Delivery by UPS Express to most destinations. (Orders received by 3 p.m. ET Monday through Thursday arrive in two to three business days; orders placed Friday and Saturday will arrive on the following Wednesday or later.)

Overnight Delivery (UPS)
*excludes Alaska, Hawaii & Puerto Rico
COST: $27.99
ORDER ARRIVAL: 2 Business Day (Processing time included)
For an additional fee, we will provide Overnight Delivery by UPS Express to most destinations. If you have questions about the availability of overnight delivery to your shipping location, please check with customer service. (Orders received by 3 p.m. ET Monday through Thursday arrive in two business days; orders placed Friday and Saturday will arrive on the following Tuesday.)

Standard for Alaska, Hawaii and Puerto Rico (USPS), if available)
COST: $17.99
ORDER ARRIVAL: 7 - 10 Business Days

Hazardous Materials 
Certain items considered Hazardous Materials (HAZMAT), which include alcohol-based products (e.g., perfumes, etc.), are required by the U.S. Department of Transportation to be shipped by ground-only transport due to air transport restrictions and regulations.

Federal Express and United States Postal Service have been selected as our premier delivery services. However, some packages may be delivered by an alternative carrier. For more information, please call our order department at (888) 623-2880.

International Orders:
We now accept orders with International billing addresses from certain countries. Please visit the checkout process to see if your country is included. If you wish to ship an order internationally, please review our international portal at www.Erborian.com for a list of countries that accept eCommerce orders.
 
Out of Stock Items:
We apologize for the inconvenience this may cause. If your item is out of stock, we will contact you to discuss how you would like the order handled. Erborian does not back order.
 
Shipping Promotions:

Free Shipping promotions do not apply to Alaska, Hawaii or Puerto Rico.

RETURNS POLICY

Last updated: 07/01/2020

Erborian creates every product with care so that you can have beautiful skin today, and better skin tomorrow. We understand that due to being an online only brand with complexion make-up, it may be difficult to know whether our BB and CC Creams will be the right fit for you.
 
Should you choose to return a product within 30 days of purchase, we will happily exchange gently used and unopened items or refund the purchase price to the original form of payment.
 
After 30 days, and up until 60 days following the date of purchase, we will only issue a store credit or even exchange for any unopened merchandise in sellable condition. Merchandise may not be returned or exchanged more than 60 days after its purchase date.
 
Merchandise bought from Wholesale partners, any other retailer or e-commerce website is not eligible for return or exchanges, even if they are Erborian manufactured products.
 
To initiate a return or exchange:

1.    Contact our dedicated Customer Care team at 1-866-464-3358 or by email at USCustomerService@Erborian.com. Please note that our Customer Care team works Monday through Friday, from 9AM to 5PM EST only and will respond to your emails as quickly as possible and provide instructions on how to return. 

2.    Please have ready your order number and reason for return to initiate the return process. Refunds will be issued once the returned items are received at the Erborian warehouse and can take up to 2-3 weeks to process, less original shipping fees.

3.    Once you’ve been approved for a return or exchange, package your return item in the manufacturer’s product box and pack your return in a well-padded envelope or box to prevent damage in transit. Please note that you are responsible for the shipping cost to return.

Time to Process

If you process your return within 30 days from the date of purchase and we receive your item, we will refund your original form of payment minus original shipping costs. However, if more than 30 days have passed since your original purchase date, refunds are allowed only in the sole and absolute discretion of Erborian.

You will receive an email confirmation once your return has been processed. Once your return is approved for a refund and your item is received, then your refund will be processed within 48 hours. A credit will automatically be applied to your credit card or original method of payment. Please note that your financial institution may take longer to reflect the transaction.

If you are expecting a refund and haven’t received it after one full billing cycle on your credit card statement, we suggest you contact your credit card company first, as it may take some time before your refund is officially posted or it may be in process.
 
Sale Items/GWP

If your order is eligible for a promotional offer that reduces the purchase price of any products or the price of the overall order or includes any gift with purchase (“GWP”) and you subsequently return some portion of the order so that the order no longer qualifies for the promotional offer (including free shipping) or GWP, the GWP must be returned with merchandise submitted for a refund. Erborian reserves the right in its sole discretion to reduce the refund by the retail value of the unreturned GWP and/or by the additional amount the order would have cost, including shipping, if the order no longer qualifies for the promotional offer or free shipping. Exchanges are not eligible for any past or current promotions.

Only regularly priced products may be returned for refund or exchange. Any items purchased on sale or at a discounted price are final and cannot be returned for a refund or exchanged. The determination about whether an item is eligible for return is made only in the sole and absolute discretion of Erborian.

Erborian reserves the right to modify its return, refund and exchange policy at any time, without notice.

PRODUCT TESTIMONIALS

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.


INTELLECTUAL PROPERTY

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.

Privacy Policy

[Last Updated and Effective as of January 1, 2020]

Important Update

Erborian, Inc. (“Erborian,” “we” or “us”) has updated its Privacy Policy effective as of January 1, 2020 (“Effective Date”). By using this Website and the Services, you consent to the terms of this Privacy Policy.

Overview

This website is owned and operated by Erborian. References to “Erborian,” may include its parent and affiliates. This Privacy Policy describes how we collect, use and disclose your personal information when you visit or shop on this Website or our stores, engage with us on social media, or when you otherwise interact with us, including any transactions you make with us online, in-store or through other means, including but not limited to any Erborian-affiliated website or application accessed via a computer, mobile, e-reader, tablet or other device in order to access the online or in-store Services, applications or other websites affiliated with Erborian, its or their goods and services, or through other applications or means by which you interact with third-parties with whom we have agreements (collectively, the “Services”). This Privacy Policy is incorporated into and subject to the terms of use of this Website (“Terms and Conditions”). Each time that you access or use the Services or have other interactions with us, whether online or in-store, that shall constitute your acceptance of this Privacy Policy and your consent to the Terms and Conditions described herein, and you thereby signify that you have read, understand and agree to be bound by the Terms and Conditions and this Privacy Policy. If you do not agree to the Terms and Conditions and this Privacy Policy, you must discontinue using our Services. Unless otherwise defined in this Privacy Policy, capitalized terms herein shall have the meanings ascribed to them in the Terms and Conditions.

Changes to this Privacy Policy

From time to time, Erborian may update its Privacy Policy, and it is subject to change. Erborian will post the new Privacy Policy on the Website with a new effective date to notify you of these changes. The new Privacy Policy will apply to all current and past users of the Services as of its Effective Date and will replace any prior policies. In addition, by accessing the Services on or after the Effective Date, you are deemed to consent to our then-current Privacy Policy.

Categories of Personal Information We Collect

  • Information You Voluntarily Provide:

Categories of personal information we collect that you voluntarily provide may include your name, shipping/billing address, telephone number, email address, social media user name, credit card or other payment information, birth date, gender, personal interests, purchase history, beauty and skin/hair care preferences and other information (collectively, “Personal Information”). We receive information you provide to us when you: (1) create an account with us (including a shopping

account online, an account to review products, a customer loyalty account or any other type

of account); (2) make a purchase; (3) contact us via any customer service method; (4) subscribe for email, text, or other messages; (5) participate in customer research, surveys, sweepstakes or promotions; (6) submit user-generated content via the Website or Services; (7) apply for employment opportunities; (8) work with our associates who provide you with in-store or online Services or otherwise assist you with your product needs and purchases; (9) download or use our Website; or (10) otherwise communicate information to us. The business purposes for which we collect this information is to enable you to purchase or order a product, subscribe to a Service, register to receive emails or newsletters, join our VIP or other loyalty program, participate in a survey, submit a product review or register for a contest, sweepstakes or promotion or otherwise engage with our Services.

If you choose not to provide Personal Information to us, you may be unable to purchase products, take advantage of offers and content on our Website or otherwise access certain aspects of the Services.

  • Information Collected from Third Parties:

If you access any of the Services with your log-in credentials from a social media site, application or platform (e.g., Facebook or Instagram) or if you otherwise agree to associate your account with us through a social media platform, we may receive personal information about you from such platform in accordance with the terms of use and privacy policy of the respective social media platform. We may add this information to the information we have already collected from you via our stores, Website, mobile applications and any other aspect of the Services.

We may receive information you provide on behalf of third parties, or third parties provide on your behalf, including but not limited to gift recipients, online registrations/purchases, or in-store pick-up. We also may acquire information about you from third parties with whom we have a relationship or otherwise contract with to obtain such information where such third parties have been duly authorized to share such information in accordance with applicable data protection laws. In the event we acquire a business, we may receive information from the seller of such business. Additionally, we may receive information from various consumer reporting agencies and related service providers.

  • Third parties, such as partners, sponsors or advertisers whose services are promoted or advertised in connection with the Services may request that you provide personal information in order to participate in such offers.
  • We may combine such third-party data with other information we receive from or about you. Erborian may share your Personal Information with third-party partners and may collect Personal Information about you that Erborian receives from other sources when you have authorized us to do so or where permitted by applicable laws.
  • Information Collected Through Automated Means:

We automatically receive and store certain types of information when you interact with our Website and our Services. The business purpose behind the collection of such automated information is to help make the Website operate more efficiently and to provide analytical information about marketing campaigns. Categories of personal information that we may automatically collect when you use the Services include the Internet Protocol address used to visit the Website along with other electronic markers, identifiers and information about your use of the Services, such as cookies and web beacons. Among the business purposes for which we collect such information is to analyze this data for preferences, trends, Website-usage statistics and to recognize you on return visits. Other information collected through automated means may encompass usage data from your mobile phone or any other device you use to access the Services, including location data if you have provided express consent, which we may also combine with other information about you in order to enhance your experience using the Website and Services.

  • Erborianmay use some technologies (collectively, “Tracking Technologies”), to gather Personal Information and non-personal information (which is any information that does not reveal your specific identity) automatically (or passively) whenever you visit or interact with the Services. Some of the Tracking Technologies we use include:
    • Cookies - Cookies are pieces of information that are stored by your browser on your computer’s hard drive. Cookies make web surfing easier for you by saving your customer identification information (i.e., username, password, shopping cart information, etc.) while you’re at a site. Cookies also track where you travel on a site and what you look at and purchase. You can learn more about how third-party advertising companies use cookies, including how to opt-out, by clicking here. Please read the explanation carefully should you choose to opt-out using this method. We may also use technologies, such as our own cookies, to provide you with personalized online display advertising tailored to your interests. To opt out of our cookies used for this online advertising, 
    • IP Address Tracking and Clickstream Data - In addition to cookies, our servers automatically collect data about your server’s Internet address when you visit our Website. This information, known as an Internet Protocol address, or “IP Address”, is a number that is automatically assigned to your device by your Internet service provider whenever you are on the Internet. When you view pages from our Website, our servers may record or “log” your IP Address and sometimes your domain name. Our server also may record the page that linked you to us and related information including any ads you may have clicked on. Such information is known as “Clickstream Data”.
  • Device Information - We also automatically collect an IP address or other unique identifier information ("Device Identifier") for the computer, mobile device, technology or other device (collectively, "Device") you use to access the Website, Services or on third-party websites that publish our advertising. A Device Identifier is a number that is automatically assigned to your Device when you access a website or its servers, and our computers identify your Device by its Device Identifier. For mobile devices, a Device Identifier is a unique string of numbers and letters stored on your mobile device that identifies it. We may collect certain, non-personal information about the Device you use to access the Services, including but not limited to IP addresses for your Devices, Device identifiers, browser types, browser language and other transactional information that does not personally identify you to, among other things, administer the Website, help diagnose problems with our servers, analyze trends, track users’ web page movements, help identify you and your shopping cart, deliver advertising and gather broad demographic information as well as for fraud prevention purposes.
  • User History - Erborian may log and use certain usage information about your use of the Services, which may include a history of the Website pages you view, store visits, browsing and transaction history for the business purposes of evaluating the effectiveness of marketing and promotions and to improve your experience with the Website.
  • Mobile/Location Information - We may collect additional information from you if you access the Services through a mobile device, for example your unique device identifier, device’s operating system, mobile carrier, or location when you opt in for us to do so. However, the degree to which your location can be identified depends on the device you are using (e.g., laptop, smartphone, tablet) and how you are connected to the internet (e.g., via cable broadband connection, Wi-Fi, etc.). If you enable location services for the online Services, we may collect geo-location data periodically as you use or leave open the Services and provide location-based content and services. We also may collect your location information from your IP address or zip code. We also may use location data internally or in conjunction with our third-party service providers to customize your experience and provide offers that may be relevant to you. Depending on the platform you use to access the online Services (e.g., Apple™ iOS, Google™ Android, Windows, etc.), you may be able to control from within the settings on your wireless Device whether location data is collected.
  • In-Store Analytics - We may use certain in-store wireless services to automatically collect non-identifying information about visitors to our stores. If you utilize our Wi-Fi routers in our stores, please note they may capture certain data from mobile devices that interact with the router, including information about your mobile device. Data collected from these in-stores wireless services may be used to provide information about customer flow and visitor demographics.
  • Email Interconnectivity - If you receive email from us, we may use certain tools, such as pixels, to capture data related to whether and when you open our emails, click on any links or banners it contains and make purchases. The business purposes are to improve our message content and frequency and gauge your interest in hearing from us.
  • Turning Off Tracking Technologies. You can choose to have your computer warn you each time a persistent or session cookie is being sent, or you can choose to turn off such cookies through your browser settings. Each browser is a little different, so look at your browser’s Help menu to learn the correct way to modify your cookies. However, cookie management tools provided by your browser will not remove Flash cookies. To learn how to manage privacy and storage settings for Flash cookies, please click here. It is important to remember that many of Erborian’s services may not function properly if your cookies are disabled.
  • Network Advertising Initiative. Some of our advertising service providers may be members of the Network Advertising Initiative, which offers a single location to opt out of ad targeting from member companies. However, if you opt-out of receiving targeted ads in this manner, you will continue to receive advertising messages from us after you opt-out, but other members of the Network Advertising Initiative will not be able to target you based on your use of the Services and/or third-party websites. If you would like more information about advertisers’ use of tracking technologies and about your option not to accept these cookies, please click here. If you would like to learn more about how personalized information is collected and to know your choices about not having information used in this manner, please click here.
  • “Do Not Track” Signals. You may set your web browser software to reject Tracking Technologies, but, if you do so, certain functionality of the Website may be affected. Moreover, due to the lack of uniformity in the standard for “do not track” signals, we do not act upon or respond to browser “do not track” signals or other similar mechanisms. Go to here or here if you wish to learn more about your options to not accept tracking cookies for the purpose of receiving targeted personalized advertisements. Please note that the-opt out is cookie-based and will only affect the specific computer and browser on which the opt-out is applied.
  • Third Parties. We also work with third parties to provide certain functionalities on the Services and to improve the effectiveness of the Services and its content. Separate and distinct from information Erborian shares with third parties, third-party companies also may use Tracking Technologies to independently collect and store information about you and your usage of the Services and may combine this information with information they collect from other sources. Please note, we do not control Tracking Technologies used by third parties, and their use may be governed by the privacy policies of the third parties employing the Tracking Technologies.

WHAT DOES Erborian DO WITH THE INFORMATION IT COLLECTS?

Erborian uses Personal Information and non-personal information that it collects from you and about you for the purposes described below. For the avoidance of doubt, Erborian may use and disclose non-personal information for any purpose, except where Erborian is required to do otherwise under applicable law. If Erborian is required to treat non-personal information as Personal Information under applicable law, then Erborian may collect, use and disclose it for all the purposes for which Erborian collects, uses and discloses your Personal Information. Erborian shares customer information with service providers that perform services on its behalf for business purposes pursuant to written agreements and instructions specified by Erborian. By using the Website and other Services, you consent to our use of your Personal Information and non-personal information to target advertising to you. Erborian may use the information collected from one portion of the Services on or in connection with other portions of the Services, and Erborian may combine information gathered from multiple portions of the Services into a single record. Erborian also may use or combine information that Erborian collects offline or from third-party sources with your information collected from or through the Services. Additionally, data collected from a particular browser or Device may be used with another computer or Device that is associated with the browser or Device on which such data was collected or transferred to a third party who may be able to track your activity across Devices. Erborian may use this Personal Information and non-personal information for the following business purposes:

  • Enable Usage: Erborianuses the Personal Information it gathers about you to enable and enhance your use of Erborian’s products and Services, including but not limited to accessing the Services, receiving emails and newsletters, registering for our VIP or other loyalty programs, purchasing products, receiving promotions, participating in forums, surveys and sweepstakes and receiving requested products and services.
  • Data Enhancement: Where authorized under applicable laws, Erborian may acquire information from other trusted sources to update or supplement the information that you provided or we collected automatically, such as information to validate or update your address or other Personal Information.
  • Customizing Your Experience with the Services: Erborian uses the information that it collects and acquires to customize your user experience with the Services, including delivering content to you that we think would be most relevant and of interest to you and providing you with an enhanced experience based on the type of Device you are using.
  • Advertising. We use third-party ad servers and ad networks that use Tracking Technologies to collect information about your visits on other services and when you access the Services to send you targeted advertisements. They automatically receive your IP address or Device Identifier when this happens. They also may use Tracking Technologies to measure the effectiveness of advertisements and to personalize the advertising content and to serve you relevant advertisements. We also may use information collected using third-party cookies and beacons on the online Services and in our emails to deliver advertising about the Services displayed to you on third-party services. These cookies allow us to understand how you clicked to our Website and what pages you visit or click on during your visit to our Website. Understanding how you shop allows us to improve and personalize your shopping experience and speed your checkout process. We may use technologies such as cookies to provide you with enhanced online display advertising tailored to your interests. Google is one of the companies that we use to serve advertising and perform analytics on some of the online Services. We and our third-party vendors, including Google, may use a variety of technologies that passively or automatically collect information about how the Services are accessed and used ("Usage Information"), including but not limited to your browser type, device type, IP address, operating system, application version, the pages served to you, the time you browse, preceding page views, products you viewed or searched for, page interaction information (such as scrolling and mouse-overs) and your use of features or applications on the Website and otherwise as part of the Services to report how our ad impressions, other uses of ad services, and interactions with these ad impressions and ad services are related to your visits to the Website and use of the To learn about Google Analytics’ currently-available opt-outs for the Web, click here.
  • Google Features and Remarketing. Google is one of the companies that we use to serve advertising and perform analytics on some of the online Services. We also use companies like Facebook, Twitter, Instagram, Pinterest, as well as other third parties to help us engage with our customers across different platforms and channels, including for the purpose of targeting advertising toward you. We and third-party vendors, including Google, use first-party cookies created by the site you visit and third-party cookies created by other sites that own some of the content, like ads or images, you see on the webpage you visit to help implement the above uses of your information. We also use remarketing with Google Analytics (including Universal Analytics) and/or Google AdWords (collectively, “Remarketing”) to advertise online including after you've visited our Website. Remarketing may be based on your interests, location and other information collected about you in compliance with Google’s privacy policies. When ad personalization is on, you can choose any info – age and gender, an inferred interest, or a previous interaction with an advertiser – learn more about why it’s being used, turn it off, or deactivate personalized ads altogether. You can opt out of receiving personalized Google ads, or customize the ads Google shows you, by clicking here. You’ll still see ads, but they’ll most likely be less relevant.

To learn more about how Google uses cookies in advertising, you can visit the Google ad and content network privacy policy located here. Erborian also uses third-party services for remarketing Erborian’s products and services, such as Customer Match via the Google platform and Custom Audiences via the Facebook platform, among other services provided by other companies, whereby we will deliver targeted ads to you on other websites based on the matching of your email address when you visit third-party websites where you are registered under the same email address. By using the Website and Services, you consent to our use of your email and other Personal Information for us to target advertising to you. If you want to opt-out of remarketing, please email us at UScustomerservice@erborian.com.

  • Statistical Analysis: Erborian may perform statistical, and marketing analyses of user behavior for a variety of purposes, such as to measure interest in the various areas of the Website and Services and Erborian products, to better understand purchasing patterns for marketing purposes. Erborian also uses third parties to provide Erborian with information, reports and analysis about the usage and browsing patterns of users of Erborian products and Services. Such third parties track and analyze non-personally identifiable usage and volume and statistical information about Erborian visitors and customers with respect to the Services and track and analyze anonymous usage and browsing patterns of users of the Services.
  • Account Maintenance and Service Updates: Erborian may utilize the contact information you provided at registration, such as your telephone number, mailing address and email address, to contact you regarding your account, your subscriptions and other products or services that you have requested or in which you are currently enrolled. These may include order confirmations, notifications about credit card issues, security issues and information about Erborian products.
  • Emails you send to us:If you send Erborian emails, you should be aware that any information provided in an email may not be secure or encrypted and therefore may be available to others. Please exercise caution if you decide to disclose any personal or confidential information in such email, and please be advised that you should not provide detailed credit card information directly to Erborian via an unsecure form (such as email). By emailing Erborian, you agree that Erborian representatives may use your email address to respond to any of your questions or comments.
  • Archival Purposes: Personal Information and other information that you provide to us in the course of using the Services may be gathered and stored in one or more of our corporate databases. We may retain information from canceled or deleted accounts to comply with law, prevent fraud, assist with investigations, resolve disputes, analyze or troubleshoot programs, enforce our terms of use, or take other actions permitted by law. We also may retain information to prevent re-registration in the event that your account has been suspended or terminated or to create an archival copy of your information, which might be used by us for recordkeeping, investigative and internal purposes. We will retain your information for the period of time necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is permitted or required by law.

WITH WHOM DOES Erborian SHARE THE PERSONAL INFORMATION IT COLLECTS?

Erborian may share Personal Information that you provide with select third parties and service providers for certain purposes, such as the following:

  • Partner Products & Services Offered on the Services. If you provide Personal Information to third parties, such as partners, sponsors or advertisers whose services are promoted or advertised in connection with the Services, you may be providing your information to both Erborian and the third party. Your Personal Information will be subject to this Privacy Policy as well as the privacy policy and practices of such third party. Erborian cannot and does not provide any guarantees or warranties as to the nature of a third party’s use of your Personal Information.
  • Service Providers.We may contract with companies or persons to provide certain services including credit card processing, shipping, customer service, data analysis and management, promotional, marketing and research services, loyalty program administration, gift card management, administration of surveys and sweepstakes, marketing, detecting fraud or theft, and other services. We provide these service providers with the information necessary for them to perform these services for business purposes pursuant to written agreements and instructions specified by Erborian.
  • Mobile Carriers.If you access the Services through a Device or app, we also may share your information with mobile carriers, operating systems and platforms.

Personal information about you may be shared, regardless of your “opt-out” status, in the following instances:

  • Compliance with Law: Erborian may release Personal Information, Usage Information and Device Identifier (including IP address) if it is required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on Erborian; (2) protect and defend the legitimate business interests, rights or property of Erborian, its users, marketing partners, customers, or affiliates; (3) to verify or enforce our Terms of Use or other applicable policies; and (4) otherwise to protect the rights, property, safety, or security of third parties, users of the Services or the public.
  • Organizational Changes: Should Erborian undergo a sale, merger, consolidation, change in control, transfer of substantial assets, reorganization or liquidation, Erborian’s accumulated customer information will be treated as an asset and, like other business assets, personal information, user data, and any other information that we have collected about the users of our products and services may be disclosed to such entity as part of the due diligence process and, if we or our assets are acquired, will be transferred to such entity as one of the transferred assets. We also may disclose information about our users in connection with a commercial transaction where we, or any one of our affiliated businesses, is seeking financing, investment, support or funding. You acknowledge that such transfers may occur, and that any acquirer of Erborian or its assets may continue to use your personal information as set forth in this Privacy Policy.

SOCIAL MEDIA SERVICES:

When you log into the Website through your social media accounts, link your social media accounts with the Services or engage with Services through third-party social media platforms, you understand that you may be allowing us ongoing access to certain information stored on those platforms. In addition, as you interact with the Services, you also may be providing information about your activities to the third-party social media platforms, as applicable. You should make sure that you are comfortable with the information such services may make available to us by visiting the applicable platforms’ privacy policies and/or modifying your privacy settings directly with those platforms.

LINKS TO OTHER WEBSITES

The Website and Services may contain links to third-party sites that are not owned or operated by Erborian, such as links from advertisers, sponsors and/or partners that may use our logo(s) as part of a co–branding, co–marketing or affiliate agreement. We do not control, recommend or endorse and Erborian is not responsible for the content, products, services or the privacy policies of websites to which it may link. This Privacy Policy applies solely to information collected by Erborian. These other sites may send their own cookies or other tracking technologies to your Device, and they may independently collect data or solicit Personal Information and may or may not have their own published privacy policies. You should also independently assess the authenticity of any site which appears or claims that it is one of our Websites (including those linked to through an email or social media page). You should consult the respective privacy policies of any applicable third parties to learn more about their privacy practices.

PROTECTION OF YOUR INFORMATION

To prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of information, Erborian has put in place appropriate physical, electronic, and managerial procedures to protect the information Erborian collects online. Please understand, however, that while we try our best to safeguard your personally identifiable information once we receive it, no transmission of data over the Internet or any social media or other public network can be guaranteed to be 100% secure.

You need to help protect the privacy of your own information, including maintaining the confidentiality of any account information or access credentials. You must take precautions to protect the security of any personally identifiable information that you may transmit over any public or untrusted network by using encryption and other techniques to prevent unauthorized persons from intercepting or receiving any of your personally identifiable information. You are responsible for the security of your information when using unencrypted, open access, public or otherwise unsecured networks.

A SPECIAL NOTE ABOUT CHILDREN AND NON-U.S. USERS

Our Website and Services are not directed to children under the age of thirteen (13), and we do not knowingly collect Personal Information from children under the age of 13. We do not sell consumer Personal Information. Please contact us if you believe we may have collected information from your child through our Website or mobile services and we will work to delete it.

The Services are governed by and operated in, and in accordance with the laws of, the United States, and are intended for users located in the United States. Erborian makes no representation that the Website is governed by or operated in accordance with the laws of any other nation. As an international business, our use of your information necessarily involves the transmission of data on an international basis. If you are located anywhere outside of the United States, including the European Union, please be aware that, since our Services are intended for users located in the United States, information we collect, including personal information, will be transferred to, processed and stored in the United States. The data protection laws in the United States may differ from those of the country in which you are located, and you waive any claims that may arise under those laws. You understand that your personal information may be subject to access requests from governments, courts, or law enforcement in the United States according to the laws of the United States. By using the Services or providing us with any information, you consent to the collection, transfer, processing and storage of your information in and to the United States. You are also consenting to the application of United States federal and New York state law in all matters concerning the Services and this Privacy Policy.

The laws of the State of New York shall govern any dispute, including those disputes arising from Erborian’s use of Personal Information or otherwise relating to privacy, as specified in the Terms and Conditions, including the terms pertaining to dispute resolution, mandatory arbitration and waiver of any class action rights. This Privacy Policy does not create rights enforceable by third parties.

CALIFORNIA PRIVACY RIGHTS

If you are a California resident, the California Consumer Privacy Act of 2018 (“CCPA”) grants you the right to request that we disclose to you, upon our receipt from you of a verifiable request, the following:

(1) The categories of Personal Information we have collected about you.

(2) The categories of sources from which the Personal Information is collected.

(3) The business or commercial purpose for collecting or selling Personal Information.

(4) The categories of third parties with whom we share Personal Information.

(5) The specific pieces of Personal Information we have collected about you.

We do not sell consumer Personal Information. We may from time to time disclose consumer Personal Information for a business purpose, such as operational purposes, or other notified purposes, that are reasonably necessary and proportionate to achieve the operational purpose for which the Personal Information was collected or processed or otherwise is compatible with the context in which the Personal Information was collected. 

If you are a California resident, you have the right to request that we disclose to you, upon our receipt from you of a verifiable request, the categories of Personal Information that we have disclosed about you for a business purpose.

If you are a California resident, you also have the right under the CCPA to request the deletion of your Personal Information that we collect. All such requests are subject to verification according to methods determined by us. You may submit a request for the deletion of your Personal Information by sending an email to us. 

Even though we do not sell consumer Personal Information, if you are a California resident, you also have the right under the CCPA to opt-out of the sale of your Personal Information. All such requests are subject to verification according to methods determined by us. You may submit an opt-out request by sending an email to us or by clicking the “Do Not Sell My Info Request – California Residents” link on the Website.

Upon our receipt of a request by a California resident to exercise rights under the CCPA, we first must verify that the person making a request is the consumer about whom we have collected information. Accordingly, we will ask you to confirm your date of birth and postal address, and we also may request a copy of your valid government-issued identification.

You have the right not to receive discriminatory treatment for the exercise of the privacy rights conferred by the CCPA. However, nothing prohibits us from charging a consumer a different price or rate, or from providing a different level or quality of goods or services to the consumer, if that difference is reasonably related to the value provided to the consumer by the consumer’s data.

You may exercise any of the California Privacy Rights described in this section by sending such a request to us by email. We may ask you to verify your identity before taking further action on your request. Consistent with California law, you may designate an authorized agent to make a request on your behalf. In order to designate an authorized agent to make a request on your behalf, you must provide a valid power of attorney, a copy of your valid government-issued identification and your authorized agent’s valid government-issued identification.

Please note that we are not required to comply with a California resident’s request to delete Personal Information if it is necessary for us to maintain the Personal Information in order to:

(1) Complete the transaction for which the Personal Information was collected, provide a good or service requested by the consumer, or reasonably anticipated within the context of our ongoing business relationship with the consumer, or otherwise perform a contract between us and the consumer.

(2) Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity.

(3) Debug to identify and repair errors that impair existing intended functionality.

(4) Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law.

(5) Comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code.

(6) Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, if the consumer has provided informed consent.

(7) To enable solely internal uses that are reasonably aligned with the expectations of the consumer based on the consumer’s relationship with us.

(8) Comply with a legal obligation.

(9) Otherwise use the consumer’s Personal Information, internally, in a lawful manner that is compatible with the context in which the consumer provided the information.

If you are a California resident under 18 years old and a registered user on the Website, you can request that we remove content or information that you have posted to our Website or other online services. Note that fulfilment of the request may not ensure complete or comprehensive removal (e.g., if the content or information has been reposted by another user). To request removal of content or information, please call 866-464-3358 or email such request to UScustomerservice@erborian.com. If you would like to mail your request, please direct it to:

Erborian, Inc.
Attn: Legal Department
111 West 33rd Street, 20th Floor
New York, NY 10120

We will begin to process your request within 30 days of our receipt.

NEVADA PRIVACY RIGHTS

For Nevada residents, please note that we do not sell personal information as defined by Nevada law. Nevertheless, you have the right to submit a request directing us not to sell any of your personal information. To request email confirmation that we do not sell your personal information, please email your request to us at UScustomerservice@erborian.com and specify in the subject line: Nevada Privacy Information Request.

OPTING-OUT, CORRECTIONS AND CANCELLATIONS

To opt out of receiving marketing emails from us, follow the unsubscribe instructions located near the bottom of each email, or email your unsubscribe request to UScustomerservice@erborian.com. For the avoidance of doubt, it is important to understand that this opt-out shall not prohibit any disclosures made for non-marketing purposes.

Please note that even if you opt out of receiving marketing emails, we may continue to send you such communications by direct mail unless you opt out of direct mail, as specified below.

Erborian collects postal mailing address information from you so that Erborian may fulfill the orders you submit and to inform you of Erborian programs, products and services in which you may be interested. You have the right to opt out of receiving postal mailings from Erborian. If you do not wish to receive postal mailings, including printed offers, from Erborian in the future, please send an email to UScustomerservice@erborian.com or write to us at the address listed below.

Upon your request, Erborian will provide you with its record of the Personal Information you gave Erborian at registration. For security reasons, this information will only be sent to the email address on file for the registered customer associated with it. If you have any questions about this Privacy Policy or would like Erborian to correct any of your Personal Information, you can email your corrections to UScustomerservice@erborian.com. We will endeavor to comply with your requests as soon as reasonably possible, but changes requested of us may not be effective immediately. We are not responsible unless required by law, to inform third parties with whom we have already shared your information of any changes requested pursuant to this section. We are not responsible for removing information or causing information to be removed from the databases or records of such entities. If you would like to mail your inquiry, please direct it to:

Erborian, Inc.
Attn: Legal Department
111 West 33rd Street, 20th Floor
New York, NY 10120

If you have any questions or concerns about our privacy policies and practices, you may contact customer service by clicking here

If you have a disability that impedes you from accessing this Privacy Policy, you may call 866-464-3358 or email UScustomerservice@erborian.com for assistance in reviewing the Privacy Policy in an alternative format.

PRIVACY POLICY (Effective until January 1, 2020)

[Last Updated: December 16, 2016]

Important Update

Erborian, Inc. (“Erborian” or “we”) has made some changes to the way it uses the information it collects. Therefore, the Privacy Policy has been updated, and the new Privacy Policy (“Policy”) is effective as of December 16, 2016 (“Effective Date”).

PRIVACY POLICY OVERVIEW

This Website is owned and operated by Erborian, a New York corporation with offices at 1430 Broadway, 2nd Floor, New York, NY 10018. References to “Erborian,” may be construed as references to Erborian and its parents, subsidiaries, or divisions. This Policy applies to information collected on this Website and any Erborian-affiliate website accessed via a user’s computer, mobile, e-reader, tablet or other device (“Device”) used to access the online services, and applications and sites affiliated with Erborian goods and services, that link to this Policy (collectively, the “Online Services”). This Policy is incorporated into and subject to the terms of use of this Website (“Terms and Conditions”). Each time that you access or use the Online Services, you signify that you have read, understand and agree to be bound by the Terms and Conditions and this Policy. If you do not agree to the Terms and Conditions and this Policy, you must discontinue using our Online Services. Unless otherwise defined in this Policy, capitalized terms herein shall have the meanings ascribed to them in the Terms and Conditions.
 
Changes to this Privacy Policy
From time to time, Erborian may update its Policy, and it is subject to change. Erborian will post the new Policy on the Website with a new Effective Date to notify you of these changes. The new Policy will apply to all current and past users of the Website and Online Services as of its effective date and will replace any prior policies. In addition, by accessing the Online Services after the Effective Date, you are deemed to consent to our then-current Policy.

HOW DO Erborian AND THIRD PARTIES GATHER AND/OR TRACK INFORMATION ABOUT YOU?

How We Obtain Information You Provide

There may be times (such as when you purchase or order a product, subscribe to a service, register to receive newsletter, or to participate in contests, sweepstakes or promotions, etc.) when we ask you to provide certain contact information about yourself, such as your name, shipping/billing address, telephone number, email address, social media user name, credit card information, birth date, gender, occupation, personal interests, and other information. We may also maintain a record of your product purchases.
Whether or not to provide such information is completely your own choice. But if you choose not to provide the information we request, you may be unable to purchase products, or access certain services, offers and content on our web sites. In addition, we may need to contact you via phone, email or mail to address questions or issues specific to your order, entry, etc., even if you have opted to not receive marketing communications from us.
 
In general, you can visit many of our web pages without telling us who you are or revealing any contact information about yourself. We may track the Internet domain address from which people visit us, other electronic markers and identifiers and other information about our site and mobile app traffic. We may analyze this data for preferences, trends, site usage statistics and to recognize you. We may also receive usage data from your mobile phone or other device you use to access our web sites or our mobile applications, including location data, which we may also combine with other information.
 
If you access any of our websites or mobile applications with your log-in credentials from a social networking site (e.g., Facebook or Instagram) or if you otherwise agree to associate your account with us with a social networking site, we may receive personal information about you from such social networking site, in accordance with the terms of use and privacy policy of the social networking site. We may add this information to the information we have already collected from you via our stores, websites and mobile applications.
 
Email Newsletters: When you sign-up to receive free Erborian email information newsletters, enroll in our VIP program or register for any other marketing campaign, Erborian may require that you supply your name, email address and other information. 
Registration for Other Erborian Products, Services and Events: When you register to receive Erborian products or services or sign up for various events, whether they are free or paid, and whether they are offered by us or provided in association with our third-party partners, Erborian may require that you supply your full name, email address, contact information, and other information. In some instances, Erborian also collects credit card information to bill you for products and to bill attendees for events. 
Sweepstakes, Contests and Promotions. We may offer sweepstakes, contests, and other promotions (a “Promotion”) that may require registration. You will be asked to provide certain information in order to participate in any such Promotions, and any information you provide may be used and disclosed as set forth in this Policy, as well as in connection with the administration of such Promotion and as required by law or permitted by the Promotion’s official rules. 
Credit Card Information: If you use a credit card to pay for any Erborian products or services, Erborian may retain your credit card information in order to facilitate future purchases. You should never provide detailed credit card information directly to Erborian via an unsecure form (such as email). 
Partner Products & Services Offered on the Online Services: Third parties, such as partners, sponsors or advertisers whose services are promoted or advertised on the Online Services may request that you provide personal information. 
Third Parties: Erborian may collect information about you that Erborian receives from other sources. 
Information Collected from Tracking Technologies
 
Information Collected Using Technology. Erborian may use a variety of technologies (collectively, “Tracking Technologies”, to gather personal and non-personal information (which is any information that does not reveal your specific identity) automatically (or passively) whenever you visit or interact with the Online Services. Some of the Tracking Technologies we use include:Cookies and Clear GIFs - Cookies are pieces of information that are stored by your browser on your computer’s hard drive. Cookies make web surfing easier for you by saving your customer identification information (i.e., username, password, shopping cart information, etc.) while you’re at a site. Cookies also track where you travel on a site and what you look at and purchase. A clear GIF is typically a one-pixel, transparent image (although it can be a visible image as well), located on a web page or in an e-mail or other type of message, which is retrieved from a remote site on the Internet enabling the verification of an individual’s viewing or receipt of a web page or message. You can learn more about how third party advertising companies use cookies and clear GIFs, including how to opt-out, by clicking here. Please read the explanation carefully should you choose to opt-out using this method.  We may also use technologies, such as our own cookies, to provide you with personalized online display advertising tailored to your interests.  To opt out of our cookies used for this online advertising, click here.IP Address Tracking and Clickstream Data - In addition to cookies and clear GIFs, our servers automatically collect data about your server’s Internet address when you visit our Website. This information, known as an Internet Protocol address, or “IP Address”, is a number that is automatically assigned to your computer by your Internet service provider whenever you are on the Internet. When you view pages from our Website, our servers may record or “log” your IP Address and sometimes your domain name. Our server also may record the page that linked you to us and related information including any ads you may have clicked on. Such information is known as “Clickstream Data”.Email Interconnectivity - If you receive email from us, we may use certain tools to capture data related to when you open our message, click on any links or banners it contains and make purchases. 
We also work with third parties to provide certain functionalities on the Online Services and to improve the effectiveness of the Online Services and its content. Separate and distinct from information Erborian shares with third parties, third-party companies also may use Tracking Technologies to independently collect and store information about you and your usage of the Online Services and may combine this information with information they collect from other sources. Please note, we do not control Tracking Technologies used by third parties, and their use may be governed by the privacy policies of the third parties employing the Tracking Technologies. Some of the Tracking Technologies that may be used to collect information are described below. To learn how to turn off certain Tracking Technologies, see below. 
Device Information. Erborian may collect certain, non-personal information about the Device you use to access Erborian’s services, including but not limited to IP addresses for your Devices, unique device identifiers, browser types, browser language and other transactional information that does not personally identify you. 
User History: Erborian may log certain usage information about your use of the Online Services, which may include a history of the pages you view. 
Mobile/Location Information.  We may collect additional information from you if you access the Online Services through a mobile device, for example your unique device identifier, device’s operating system, mobile carrier, or location when you opt in for us to do so. However, the degree to which your location can be identified depends on the device you are using (e.g. laptop, smartphone, tablet) and how you are connected to the internet (e.g. via cable broadband connection, WiFi, etc.). If you enable location services for the Online Services, we may collect regional location data periodically as you use or leave open the Online Services. We also may collect your location information from your IP address or zip code. We also may use location data internally or in conjunction with our third-party service providers to customize your experience and provide offers that may be relevant to you. Depending on the platform you use to access the Online Services (e.g., Apple™ iOS, Google™ Android, Windows, etc.) you may be able to control from within the settings on your wireless device whether location data is collected. 

WHAT DOES Erborian DO WITH THE INFORMATION IT COLLECTS?

Erborian uses your personal and non-personal information that it collects from you and about you for the purposes set forth below. For the avoidance of doubt, Erborian may use and disclose non-personal information for any purpose, except where Erborian is required to do otherwise under applicable law. If Erborian is required to treat non-personal information as personal information under applicable law, then Erborian may use and disclose it for all the purposes for which Erborian uses and discloses your personal information. Erborian shares customer information with third parties to perform services on its behalf, and by using the Website and Online Services, you consent to our use of these services to target advertising. Erborian may use the information collected from one portion of the Online Services on other portions of the Online Services, and Erborian may combine information gathered from multiple portions of the Online Services into a single record. Erborian also may use or combine information that Erborian collects offline or from third-party sources with your information collected from the Online Services. Additionally, data collected from a particular browser or Device may be used with another computer or Device that is associated with the browser or Device on which such data was collected, or transferred to a third party who may be able to track your activity across Devices. Erborian may use this information to:
 
Enable Usage: Erborian uses the information it gathers about you to enable your use of Erborian’s products and services, including but not limited to accessing the Online Services, receiving e-newsletters, purchasing products, participating in forums and receiving requested products and services. 
Data Enhancement. Erborian may acquire information from other trusted sources to update or supplement the information that you provided or we collected automatically, such as information to validate or update your address or other information. 
Customizing Your Experience on the Online Services: Erborian uses the information that it collects and acquires to customize your user experience on the Online Services, including delivering content to you that we think would be most relevant and of interest to you and providing you with an enhanced experience based on the type of Device you are using. 
Advertising. We use third-party ad servers and ad networks that use tracking technology to collect information about your visits on other services and when you access the Online Services to send you targeted advertisements. They automatically receive your IP address or mobile device identifier when this happens. They also may use Tracking Technologies to measure the effectiveness of advertisements and to personalize the advertising content and to serve you advertisements that are relevant to your regional location. We also may use information collected using third-party cookies and beacons on the Online Services and in our emails to deliver advertising about the Online Services displayed to you on third party services. These cookies allow us to understand how you clicked to our Website and what pages you click on during your visit to our Website. Understanding how you shop allows us to improve and personalize your shopping experience and speed your checkout process. We may use technologies such as cookies to provide you with enhanced online display advertising tailored to your interests.  Google is one of the companies that we use to serve advertising and perform analytics on some of the Online Services. We and third party vendors, including Google, use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to report how our ad impressions, other uses of ad services, and interactions with these ad impressions and ad services are related to visits to the Online Services. To learn about Google Analytics’ currently available opt-outs for the Web, click here. 

Google Features and Remarketing. Google is one of the companies that we use to serve advertising and perform analytics on some of the Online Services. We also use companies like Facebook, Twitter, Instagram, Pinterest, as well as other third parties to help us engage with our customers across different platforms and channels, including for the purpose of targeting advertising toward you. We and third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to help implement the above uses of your information. We also use remarketing with Google Analytics (including Universal Analytics) and/or Google Adwords (including Smart Pixel) (collectively, “Remarketing”) to advertise online including after you've visited our Website. Remarketing may be based on your interests, location and other information collected about you in compliance with Google’s Policy For Advertising Based On Interests And Location. For further information about Google’s Policy For Advertising Based On Interests And Location, click here. In connection with Remarketing and otherwise (i) We and our third-party vendors, including, without limitation, Google, may show you ads on sites across the internet, and (ii) We and our third-party vendors, including, without limitation, Google, use first-party cookies (including, without limitation, the Google Analytics cookie) and third-party cookies (including, without limitation, the DoubleClick cookie) to inform, optimize and serve you ads based on your past visits to our Website.  To learn about Google Analytics’ currently available opt-outs for the Web, click here. To learn more about how Google uses cookies in advertising, you can visit the Google ad and content network privacy policy located here. You can customize Google Display Network ads by visiting the Google Ads Settings page here. You can opt out of receiving interest-based Google ads, or customize the ads Google shows you, by clicking here. Erborian also uses third-party services for remarketing Erborian’s products and services, such as Google’s Customer Match via the Google platform and Facebook's Custom Audience via the Facebook platform, among other services provided by other companies, whereby we will deliver targeted ads to you on other websites based on the matching of your email address when you visit third-party websites where you are registered under the same email address.  By using the Website and Online Services, you consent to our use of your email for these services to target advertising. If you want to opt-out of remarketing, please email us at customerservice@Erborian.com.
 
Statistical Analysis: Erborian may perform statistical, and marketing analyses of user behavior for a variety of purposes, such as to measure interest in the various areas of the Website and Erborian products, to better understand purchasing patterns for marketing purposes. Erborian also uses third parties to provide Erborian with information, reports and analysis about the usage and browsing patterns of users of Erborian products and services. Such third parties track and analyze non-personally identifiable usage and volume statistical information about Erborian visitors and customers with respect to the Online Services and track and analyze anonymous usage and browsing patterns of users of the Online Services. 
Account Maintenance and Service Updates: Erborian may utilize the contact information you provided at registration, such as your telephone number and email address, to contact you regarding your account, your subscriptions and other products or services that you have requested or in which you are currently enrolled. These may include order confirmations, notifications about credit card issues, and information about Erborian products. 

Push Notifications. The Online Services may include a function that allows us to use push notifications to send you updates, communications, and other messages about the Online Services. To opt out of getting these push notifications or other messages, you must turn off the push notification function within your device settings. 

E-Mail Newsletters: If you have registered to receive email newsletters, you shall receive emails specifically for such newsletters. If you choose to no longer receive such email newsletters, you may unsubscribe from such emails (see below for instructions). 

E-Mail Promotions. Erborian may also periodically send you email messages about products and services that Erborian or its partners think may be of interest to you. If you choose not to receive such emails, you may unsubscribe from such emails (see below for instructions). 

Other Emails: If you send Erborian emails, you should be aware that any information provided in an email may not be secure or encrypted and therefore may be available to others. Please exercise caution if you decide to disclose any personal or confidential information in such email and please be advised that you should not provide detailed credit card information directly to Erborian via an unsecure form (such as email). By emailing Erborian, you agree that Erborian representatives may use your email address to respond to any of your questions or comments. 

Archival Purposes. Personal and other information that you provide to us in the course of participating in the Online Services may be gathered and stored in one or more of our corporate databases. We may retain information from canceled accounts to comply with law, prevent fraud, assist with investigations, resolve disputes, analyze or troubleshoot programs, enforce our terms of use, or take other actions permitted by law. We also may retain information to prevent re-registration in the event that your account has been suspended or terminated or to create an archival copy of your information, which might be used by us for recordkeeping and internal purposes. We will retain your information for the period of time necessary to fulfill the purposes outlined in this Policy unless a longer retention period is permitted or required by law. 
WITH WHOM DOES Erborian SHARE THE PERSONAL INFORMATION IT COLLECTS?
 
Erborian may, on occasion, choose to share the personal information collected about users with select third parties for certain purposes, such as the following:
 
Partner Products & Services Offered on the Online Services. If you provide personal information to third parties, such as partners, sponsors or advertisers whose services are promoted or advertised on the Online Services, you may be providing your information to both Erborian and the third party. Your personal information will be subject to this Policy as well as the privacy policy and practices of such third party. Erborian cannot make guarantees or warranties as to the nature of a third party’s use of your personal information. 
Service Providers. We may contract with companies or persons to provide certain services including credit card processing, shipping, data analysis and management, promotional services, etc. We provide these Service Providers with the information needed for them to perform these services. We also ask our Service Providers to confirm that their privacy practices are consistent with ours. 

Mobile Carriers. If you access the Online Services through a Device or app, we also may share your information with mobile carriers, operating systems and platforms. 
Personal information about you as an individual subscriber or registrant may be shared, regardless of your “opt-out” status, in the following instances:
 
Compliance with Law: Erborian may release information if it is required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on Erborian; and (2) protect and defend the legitimate business interests, rights or property of Erborian, its users, marketing partners, customers, or affiliates. 

Organizational Changes: Should Erborian undergo a sale, merger, consolidation, change in control, transfer of substantial assets, reorganization or liquidation, Erborian’s accumulated customer information will be treated as an asset and, like other business assets, personal information, user data, and any other information that we have collected about the users of our products and services may be disclosed to such entity as part of the due diligence process and, if we or our assets are acquired, will be transferred to such entity as one of the transferred assets. We also may disclose information about our users in connection with a commercial transaction where we, or any one of our affiliated businesses, is seeking financing, investment, support or funding.  You acknowledge that such transfers may occur, and that any acquirer of Erborian or its assets may continue to use your personal information as set forth in this policy. 

SOCIAL NETWORKING SERVICES

When you log into Erborian through your social networking accounts, link your social networking accounts with the Online Services or engage with Online Services through third-party social media platforms, you understand that you may be allowing us ongoing access to certain information stored on those platforms. In addition, as you interact with the Online Services, you also may be providing information about your activities to the third-party social networking platforms, as applicable. You should make sure that you are comfortable with the information such services may make available to us by visiting the applicable platforms’ privacy policies and/or modifying your privacy settings directly with those platforms.
 

LINKS TO OTHER WEBSITES

Erborian is not responsible for the content or the privacy policies of websites to which it may link. This Policy applies solely to information collected by Erborian. You should consult the respective privacy policies of any applicable third parties to learn more about their privacy practices.
 

PROTECTION OF YOUR INFORMATION

To prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of information, Erborian has put in place appropriate physical, electronic, and managerial procedures to protect the information Erborian collects online. Please understand, however, that while we try our best to safeguard your personally identifiable information once we receive it, no transmission of data over the Internet or any social media or other public network can be guaranteed to be 100% secure.
 
You need to help protect the privacy of your own information, including maintaining the confidentiality of any account information or access credentials. You must take precautions to protect the security of any personally identifiable information that you may transmit over any public or untrusted network by using encryption and other techniques to prevent unauthorized persons from intercepting or receiving any of your personally identifiable information. You are responsible for the security of your information when using unencrypted, open access, public or otherwise unsecured networks.
 

A SPECIAL NOTE ABOUT CHILDREN AND NON-U.S. USERS

Our Website is not directed to individuals under the age of thirteen (13), and we request that these individuals do not provide personal information through our Website. Erborian does not knowingly collect information from children under 13 without parental consent. Visit the Federal Trade Commission website for more information about the Children’s Online Privacy Protection Act (COPPA). 
 
The Online Services is operated in the United States and is intended for users located in the United States. If you are located anywhere outside of the United States, please be aware that information we collect, including personal information, will be transferred to, processed and stored in the United States. The data protection laws in the United States may differ from those of the country in which you are located, and your personal information may be subject to access requests from governments, courts, or law enforcement in the United States according to the laws of the United States. By using the Online Services or providing us with any information, you consent to the transfer, processing and storage of your information in the United States. You are also consenting to the application of United States federal and New York state law in all matters concerning the Online Services and this Policy.
 
The laws of the State of New York shall govern any dispute, including those disputes arising from Erborian’s use of personal information or otherwise relating to privacy, as specified in the Terms and Conditions. This Policy does not create rights enforceable by third parties.
 

OPTING-OUT, CORRECTIONS AND CANCELLATIONS

Email: Any recipient of email notices may opt out of receiving them at any time. To opt out of receiving emails, follow the unsubscribe instructions located near the bottom of each service update, newsletter or promotional email, or email your request to customerservice@Erborian.com. 
Please note that even if you opt out of receiving subscriber communications by email, we may continue to send you communications by direct mail.
 
Postal Addresses: Erborian collects postal mailing address information from you so that Erborian may fulfill the orders you submit and to inform you of Erborian programs, products and services in which you may be interested. You have the right to opt out of receiving postal mailings from Erborian. If you do not wish to receive postal mailings, including printed offers, from Erborian in the future, please send an email to customerservice@Erborian.com or write to us at the address listed below. 
Turning Off Tracking Technologies. You can choose to have your computer warn you each time a persistent or session cookie is being sent, or you can choose to turn off such cookies through your browser settings. Each browser is a little different, so look at your browser’s Help menu to learn the correct way to modify your cookies. However, cookie management tools provided by your browser will not remove Flash cookies. To learn how to manage privacy and storage settings for Flash cookies, please click here. It is important to remember that many of Erborian’s services may not function properly if your cookies are disabled. 
Network Advertising Initiative. Some of our advertising service providers may be members of the Network Advertising Initiative, which offers a single location to opt out of ad targeting from member companies. However, if you opt-out of receiving targeted ads in this manner, you will continue to receive advertising messages from us after you opt-out, but other members of the Network Advertising Initiative will not be able to target you based on your use of the Online Services and/or third party websites. If you would like more information about advertisers’ use of tracking technologies and about your option not to accept these cookies, please click here. If you would like to learn more about how interest-based information is collected and to know your choices about not having information used in this manner, please click here. 
“Do Not Track” Signals. You may set your web browser software to reject Tracking Technologies, but, if you do so, certain functionality of the Website may be affected. As a result, at this time, Erborian does not respond to browser “do not track” signals or other similar mechanisms. Go to here or here if you wish to learn more about your options to not accept tracking cookies for the purpose of receiving targeted interest-based advertisements. Please note that the-opt out is cookie-based and will only affect the specific computer and browser on which the opt-out is applied. 
OTHER IMPORTANT DISCLOSURES
 
Your California Privacy Rights: A Notice to California Users (California Civil Code Section 1798.83). Under the California “Shine The Light” law, California residents may opt-out of Erborian’s disclosure of personal information to third parties for their direct marketing purposes. Any California resident may choose to opt-out of the sharing of such personal information with third parties for marketing purposes at any time by directing such request to customerservice@Erborian.com.
 
Erborian, Inc.
Attn: Legal Department1430 Broadway, 2nd FloorNew York, NY 10018
Email: customerservice@Erborian.com

For the avoidance of doubt, it is important to understand that this opt-out shall not prohibit any disclosures made for non-marketing purposes.
 
Corrections/Cancellations and Questions. Upon your request, Erborian will provide you with its record of the personal information you gave Erborian at registration. For security reasons, this information will only be sent to the email address on file for the subscriber ID associated with it. If you have any questions about this Policy or would like Erborian to correct any of your personal information, you can email your corrections to customerservice@Erborian.com. We will endeavor to comply with your requests as soon as reasonably possible, but changes requested of us may not be effective immediately. We are not responsible unless required by law, to inform third parties with whom we have already shared your information of any changes requested pursuant to this section. We are not responsible for removing information or causing information to be removed from the databases or records of such entities. 
If you would like to mail your inquiry, please direct it to:
 
Erborian, Inc.
Attn: Legal Department1430 Broadway, 2nd FloorNew York, NY 10018
Email: customerservice@Erborian.com

FLAMMABLE LIQUIDS

If you are returning flammable liquids, such as fragrance items, you may only mail these items via surface transportation in accordance with USPS Publication 52, section 343. Full responsibility rests with you to comply with all postal and non-postal statutes and regulations regarding mail. Information regarding postal statutes, regulations, and mailing requirements is available from your local Postmaster or district manager, Business Mail Entry, and at the Postal Service’s mailing standards website at www.usps.com
Need Help?Call 1-888-623-2880 
 
Comments, Feedback and Other Submissions
 
Erborian welcomes feedback on your experience with our Merchandise and thanks you for taking the time to share your thoughts with other Erborian customers. We will publish comments our Websites, 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 Websites, 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.
 
While we welcome your comments and feedback regarding our Websites, our products and our services, we do not, however, accept confidential or proprietary information. Accordingly, all comments, feedback, ideas, suggestions, materials, information and other submissions disclosed, submitted or offered to Erborian using these Websites or otherwise (collectively, “Comments”) are not confidential and will become and remain Erborian's property. The disclosure, submission or offer of any Comments will constitute an assignment to Erborian of all worldwide rights, titles and interests and goodwill in the Comments without payment of any compensation. Comments submitted by you must not violate any right of any third party, and must not contain any libelous, abusive, obscene or otherwise unlawful material.

Intellectual Property

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 Websites (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 Websites 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 Websites 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 Websites or any related software. All software used on our Websites is the property of Erborian or its suppliers and protected by U.S. and international copyright laws. The IP and software on our Websites 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 Websites is strictly prohibited. The compilation (meaning the collection, arrangement, and assembly) of all IP on our Websites is the exclusive property of Erborian and is also protected by U.S. and international copyright laws. 
The trademark and service mark Erborian, the domain names associated with the Websites and all other graphics, logos, page headers, button icons, scripts, trademarks and service marks included in or made available through any of our Websites are trademarks or trade dress or otherwise the exclusive property of Erborian in the United States and other countries.

Right to Change Websites

We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue the Websites or any service, content, feature or product offered through the Websites, with or without notice; charge fees in connection with the use of the Websites; modify and/or waive any fees charged in connection with the Websites; and/or offer opportunities to some or all users of the Websites. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Websites, or any service, content, feature or product offered through the Websites. 

Links to Other Websites and Services

The Websites may include links to other Internet sites maintained by third parties (“Linked Websites”).  Erborian provides Linked Websites to you solely as a convenience.  Erborian has no responsibility for the Linked Websites, and the inclusion of Linked Websites does not imply endorsement by Erborian of the Linked Websites. You access Linked Websites at your own risk and by accessing them you leave the Websites. Linked Websites are not under the control of Erborian, and your activities may be governed by other terms and conditions and privacy policies. Erborian is not responsible for the contents of any Linked Site.

INDEMNIFICATION

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, due to your use of our Websites in violation of this Agreement or any breach by you of the Terms of Use. This provision does not apply to New Jersey residents.

Dispute Resolution and Arbitration AgreementInformal Dispute Resolution.
Notwithstanding anything to the contrary above, with the significant costs arising from legal disputes, not only in dollars but also in time and energy, both you and Erborian agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Websites, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it (“Dispute”), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notices shall be sent
 
(1) to Erborian at: Erborian Inc., Legal Department, 1430 Broadway, 2nd Floor
New York, NY 10018, or 

(2) to you at: your last-used billing address or the billing and/or shipping address in your online profile.
Both you and Erborian agree that this dispute resolution procedure is a condition precedent that must be satisfied prior to initiating any arbitration or filing any claim against the other party.

Arbitration Agreement
To the extent you cannot resolve any Dispute through the informal dispute resolution procedure described above, a Dispute shall be resolved through binding individual arbitration (“Arbitration Agreement”). You agree to give up your right to go to court to assert or defend your rights under this Agreement and with respect to any Dispute. You and Erborian expressly delegate to the arbitrator the authority to determine the arbitrability of any Dispute, including the scope, applicability, validity, and enforceability of this arbitration provision.
 
You may begin an arbitration proceeding by sending a letter requesting arbitration to Erborian, Attn: Legal Dep’t, 1430 Broadway, 2nd Floor New York, NY 10018. You agree that the arbitration shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the Dispute, the parties shall agree to another arbitration provider. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s applicable rules. Erborian will reimburse those fees for claims totaling less than $10,000. Erborian. waives its right to seek attorneys’ fees and costs in arbitration. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually-agreed location.
 
This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act. The terms of the Arbitration Agreement provisions shall survive after this Agreement terminates or your use of the Websites ends.
 
In lieu of arbitration, either you or Erborian may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim.
 
Waiver of Right to Bring Class Actions and Representative Claims. All arbitrations shall proceed on an individual basis, and not on a consolidated, representative or collective action basis. The arbitrator is empowered to resolve the Dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other customer. You and Erborian agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you and Erborian hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.
 
Termination
With the exception of the Arbitration Agreement, which shall survive the termination of these terms, this Agreement and the Terms of Use shall remain effective unless and until terminated by either you or Erborian. You may terminate this Agreement at any time. Erborian also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Websites, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.

Limitation of LiabilityOUR WEBSITES ARE 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 WEBSITES. YOU ACKNOWLEDGE, BY YOUR USE OF OUR WEBSITES, THAT YOUR USE OF OUR WEBSITES IS AT YOUR SOLE RISK. Erborian DOES NOT WARRANT THAT YOUR USE OF THE WEBSITES WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THE WEBSITES OR THE SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.
 
YOUR USE OF THE WEBSITES IS AT YOUR OWN RISK. NEITHER Erborian NOR ITS AFFILIATED OR RELATED ENTITIES OR ITS VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE ANY OF THE WEBSITES. Erborian IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE WEBSITES OR ANY MATERIALS ON THE WEBSITES, OR WITH ANY OF Erborian’S TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITES.


This provision does not apply to New Jersey residents.

GENERAL

The foregoing Terms of Use govern all transactions between you and Erborian through our Websites 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. The failure of Erborian to act with respect to a breach of the Terms of Use 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. This Agreement shall be governed by the laws of the State of New York without regard to principles of conflict of laws, except for the Arbitration Agreement above, which shall be governed by the Federal Arbitration Act. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of Erborian’s right to require strict observance of each of the terms herein. This Agreement constitutes the entire agreement between us relating to your use of the Websites.

 

Erborian reserves the right to modify its return, refund and exchange policy at any time, without notice.
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