General terms and conditions Paula's Choice Europe BV
Your use of this website (also "Site") constitutes your agreement to comply with the following terms and conditions (the "Agreement"). These general conditions apply to your use of this Site, to every order you place, to every purchase you make through this Site and to every agreement which is entered into between you and Paula’s Choice Europe B.V. (“Paula’s Choice”).
Intellectual Property Rights
This Site and all materials contained on this Site, including but not limited to images, text, photographs, designs, icons and illustrations, except those already covered by existing copyright and intellectual property protections, are the property of Paula's Choice, Inc., and/or its owners or affiliates. To reproduce, republish, alter, upload, post, transmit, distribute or publicly display material from this Site, you will need written permission from Paula's Choice Inc. and Paula’s Choice. The trademarks and logos used and displayed on this Site are trademarks of Paula's Choice Inc. and others. Nothing contained on the Site should be construed as granting, by implication or otherwise, any license or right to use any trademark displayed on the Site without the written permission of the trademark owner. Users may view and download material from this Site only for personal, non-commercial home use, and such permission is deemed adequate consideration for this contract. Paula's Choice Inc. will aggressively enforce its intellectual property rights to the fullest extent of the law. Any rights not expressly guaranteed herein are reserved by Paula's Choice Inc. or Paula’s Choice, as the case may be.
This website does not offer medical advice, or attempt to diagnose or treat any skin problem or skin condition. If you have a medical problem with your skin, please make an appointment to see a doctor or a dermatologist in your area. All products should be used as directed on the product container or on this website. Discontinue using any product that causes irritation (redness, itching, burning, scaling, soreness, or other symptoms). If you are dissatisfied with any product, inform us thereof as soon as possible. For details see our Returns Policy, which forms and integral part of these conditions.
The information provided by this website or this company does not substitute for a face-to-face consultation with a dermatologist or with your doctor, and should not be construed as individual medical advice.
The intent of this site is to present the author’s ideas and perceptions about the marketing, selling, and use of cosmetics. The author's sole purpose is to present consumer information and advice regarding the purchase of makeup and skin-care products. The information and recommendations presented strictly reflect the author's opinions, perceptions, and knowledge about the subject and products mentioned. Some people may find success with a particular product that is not recommended or even mentioned on this site, or they may be partial to a skin-care routine Paula Begoun has reviewed negatively. It is everyone's unalienable right to judge products by their own criteria and to disagree with the author.
More important, because everyone's skin can, and probably will, react to an external stimulus at some time, any product could cause a negative reaction on skin at one time or another. If you develop skin sensitivity to a cosmetic, stop using it immediately and consult your doctor. If you need medical advice about your skin, consult a doctor or a dermatologist.
The content of this Site is provided "as is" and without warranties of any kind, either express or implied. The products sold through the Site are sold "as is" and without warranties of any kind, express or implied.
To the fullest extent permissible pursuant to applicable law, Paula's Choice disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, title, non-infringement and fitness for a particular purpose. Paula's Choice does not warrant or represent that the content on the Site, whether prepared by Paula's Choice Inc., Paula’s Choice or by third parties, is accurate or reliable, that the Site will be free of errors or viruses or that your access to and use of the Site will be uninterrupted or secure. You understand that any warranties provided in connection with any third party products described on the Site are provided solely by the third party and not by Paula's Choice or by Paula’s Choice Inc. Your sole remedy for dissatisfaction with the Site is to stop using the Site. You acknowledge by your use of the Site that your use of the Site is at your sole risk. Paula's Choice is not responsible for any direct, indirect, incidental, consequential, special, punitive or other damages, whether arising out of contract, negligence, strict liability or any other theory, in connection with the Site, the content thereof or the products sold and described thereon, even if advised of the possibility of such damages. In no event shall Paula's Choice's liability to a user exceed the amount paid by the user for accessing the Site or for the purchase of products sold thereon.
In some instances, the content on the Site represents the opinions of Site users. Paula's Choice nor Paula’s Choice Inc. do not endorse such opinions.
Void Where Prohibited
Although the Site is accessible worldwide, not all products discussed or sold on the Site will be available to all persons or in all geographic locations or jurisdictions. Paula’s Choice only offers and sells products to residents of countries of the European Union and only ships parcels to addresses within the European Union. Paula's Choice further expressly reserves the right to limit, in its sole discretion, the availability to the Site and/or the provision and quantity of any product or service to any person, geographic area or jurisdiction it so desires. Any offer for any product made in connection with the Site is void where prohibited. Use of this Site is unauthorized in any jurisdiction (1) that does not give full effect to all provisions of this Agreement, (2) where all or any portion of this Site may violate any legal requirements.
Code of Conduct
You agree not to:
- restrict or inhibit any other user from using and enjoying the Site and services;
- transmit any unlawful, fraudulent, threatening, abusive, libellous, defamatory, obscene or otherwise objectionable or harmful information or materials, or any information or materials that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law;
- transmit any information or software that contains a virus, worm, Trojan horse or other harmful or disruptive component;
- transmit materials in violation of another party's intellectual property rights;
- use the Site for any commercial or unlawful purposes; or
- modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site.
You agree to indemnify, defend and hold harmless Paula's Choice from and against any and all claims, damages, costs or other expenses, including all reasonable attorneys' fees incurred at arbitration, on any trial or appeal that arise, directly or indirectly out of or from your breach of this Agreement (including your violation of the Code of Conduct) and/or out of any other of your activities in connection with the Site. This section will survive the termination of this Agreement for any reason.
If you wish to make purchases of products described on the Site, you may be asked to supply certain information including but not limited to credit card or other payment information. You understand that any such information will be treated confidentially by Paula's Choice. You agree that all such information that you provide will be accurate, complete, and current. You agree to pay all charges incurred by users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes or duties (other than VAT) relating to your purchases. The prices displayed on the Site are in Euros and are inclusive of VAT.
Dissolution of sale agreement
Your right to dissolve an agreement for the sale of products, entered into through this Site, in accordance with the provisions of Directive 97/7/EC on Distant Selling and any implementation thereof in national legislation, can only be exercised under the following conditions:
- you must notify Paula’s Choice by e-mail within 7 (seven) working days after you have received the parcel containing the products, stating that you wish to exercise this right;
- after having received instructions from Paula’s Choice by e-mail you must, within 5 (five) working days of receiving these instructions, return, at your cost and at your risk, the unopened parcel to the address indicated by Paula’s Choice. Please note that, in view of the fact that the products are intended for personal care, parcels which have been opened will not be accepted for return under this provision;
- after Paula’s Choice has received the parcel and has established that the parcel has not been opened, Paula’s Choice will refund within 30 days the purchase price, including postage costs and excluding any applicable taxes and duties other than VAT.
Please note that we offer samples of almost all Paula’s Choice products for a small fee, so you can try before you buy.
At Paula’s Choice UK we stand behind every product we sell.
If you are not satisfied with any Paula’s Choice product, for any reason, you can return it to us within 30 days of date of purchase and we will happily refund the purchase price (not including shipping).
The fastest way to process your return:
First, contact us by e-mail at firstname.lastname@example.org before returning any product or parcel.
a. Please mention your order number
b. Indicate the reason for the return so we can improve our service and product quality
Finally, return your products in the original packaging and include the invoice and/or packing slip.
Your Letters, Questions and Comments
You acknowledge and agree that, by sending Paula Begoun, Paula’s Choice and/or Paula’s Choice Inc. your questions, whether in writing or by email, you grant to Paula Begoun, Paula’s Choice and Paula's Choice Inc. at no cost a perpetual, irrevocable, nonexclusive, universal right and license to link to, use, reproduce, transmit, modify, adapt, publish, display, distribute, translate, and sublicense such material (in whole or in part) and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Further, by submitting content to Paula’s Choice or Paula’s Choice Inc., you represent and warrant that you have the authority to grant such rights and that the content you submit will not violate any right of any third party, including but not limited to copyright, trademark, and privacy rights.
Use of Passwords
Use of any password-protected area of the Site is restricted to the individual who has been given permission and a password to enter such area (the "Authorized Party"). The password cannot be distributed to others, and the Authorized Party is responsible for any and all damages to Paula's Choice resulting from the distribution of his or her password.
Paula's Choice shall have the right at any time to (a) change the terms of this Agreement, (b) change the Site, including eliminating or discontinuing any content or feature of the Site, restricting the hours of availability, or limiting the amount of use permitted, or (c) change any fees or charges for use of the Site, including instituting new or increased fees or charges for the use of the Site or any other related services or feature thereof. This Agreement may be modified by Paula's Choice at any time by Paula's Choice posting the modified terms on this Site, and your continued use of the Site thereafter shall be deemed acceptance of those modified terms and conditions.
You agree that this Agreement is entered into in the Netherlands and shall be governed by and construed in accordance with Dutch law, exclusive of its choice of law rules. Each party to this Agreement submits to the exclusive jurisdiction of the courts of Amsterdam, The Netherlands, and waives any jurisdictional, venue, inconvenient forum or other objections to such courts. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys' fees. In the event that any of the provisions of this Agreement are held by a court or other tribunal or competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all prior or contemporaneous written or oral agreements existing between the parties hereto are expressly cancelled. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or paragraph title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any paragraph or provision hereof.