Effective March 2020

THE SECTION BELOW ENTITLED “DISPUTE RESOLUTION” HAS A MANDATORY ARBITRATION PROVISION. IT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT.

 CLEAN BEAUTY COLLECTIVE TERMS OF USE

These Terms of Use ("Terms of Use") are a legal and binding agreement between you and Clean Beauty Collective Inc. (referred to herein as “Clean Beauty,” “we”, “us”, or “our”) governing your access to and when you use our website located at https://cleanbeauty.com (the “Site”), which is owned and operated by or on behalf of Clean Beauty, and all content, information, features, functionality, and offers made available through the Site (the “Online Services”). 

PLEASE READ THESE TERMS OF USE CAREFULLY.  BY ACCESSING AND USING THE SITE AND ONLINE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF USEIF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU SHOULD NOT VISIT THE SITE OR USE THE ONLINE SERVICES.

In addition, when you place an order for the Clean products through the Site (“Products”), you will also be subject to Clean Beauty’s applicable Terms of Sale (below) which include shipping and returns policies. 

1. Modifications

We may update, change, modify, or revise these Terms of Use at any time and for any reason.  Any changes will become effective upon posting to the Site, along with the date on which it was most recently revised as indicated by the “Last Updated” heading at the top of these Terms of Use.  Your continued access to and/or use of the Site and Online Services after any such modifications constitute your acceptance of the Terms of Use as modified.  It is your responsibility to review the Terms of Use regularly for updates.  Please contact us as provided in the Contact Us section below if you would like information regarding any modifications.  If any modifications to these Terms of Use is held to be invalid, void, or unenforceable for any reason, such modifications shall be deemed severable and shall not affect the validity and enforceability of these Terms of Use and the remaining provision.

2. Privacy

Please review our Privacy Policy as posted on the Site (the “Privacy Policy”) to understand Clean Beauty’s privacy practices regarding your use of the Site.

3. Use 

Clean Beauty hereby grants you a non-exclusive, non-transferable, revocable, limited right and license to access and use the Site and Online Services solely for your personal, non-commercial use in accordance with these Terms of Use.  You shall not, in any way, otherwise copy, reproduce, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, sell, or exploit the Site or Online Services.   

Clean Beauty may at any time, for any reason, and without notice or liability:  (a) modify, suspend, or terminate operation of or access to the Online Services, or (b) change, revise, or modify the Online Services. 

4. Ownership and Intellectual Property Rights

The Site, Online Services, and all Clean Beauty software, systems, technology, and know-how (“Clean Beauty Technology”) are owned by or licensed to Clean Beauty and are protected by copyright, trademark, trade dress, patent, and/or other intellectual property rights and proprietary rights.  All trademarks, trade names, graphics, logos, and trade dress for the Products and those included in or made available through the Site and Online Services are owned by or licensed to Clean Beauty and protected by U.S. and international trademark laws (collectively, the “Marks”).  You agree that Clean Beauty or its licensors own and retain all right, title and interest (including all intellectual property rights) in and to the Site, Online Services, Marks, and Clean Beauty Technology (collectively, the “Clean Beauty Intellectual Property”), and that no interest therein is transferred to you except for a limited, personal right to use such solely in connection with the Site and Online Services. 

Except as expressly set forth herein, nothing herein shall be construed to confer any grant or license of any Clean Beauty Intellectual Property Rights, whether by estoppel, by implication, or otherwise.  You are strictly prohibited from using any Clean Beauty Intellectual Property except as expressly provided in these Terms of Use.  You are also advised that Clean Beauty and its licensors will aggressively enforce its intellectual property rights to the fullest extent of the law, including seeking criminal prosecution.

5. Restrictions on Use

You agree not to:

  • reproduce, distribute, publicly display, or otherwise transfer the Site or Online Services;
  • adapt, alter, modify, reverse engineer, disassemble, or decompile the Site, Online Services, or any Clean Beauty Technology;
  • prepare derivative works based on the Site, Online Services, or any Clean Beauty Technology;
  • remove, obscure, or modify any copyright, trademark or other proprietary rights notices, marks or labels contained on or within the Site, Online Services, Products, any Clean Beauty Technology;
  • frame, mirror, or in-line link the Site or Online Services, or incorporate into another website, application, or other service any Clean Beauty Intellectual Property;
  • use the Site, Online Services, or the any Clean Beauty Technology for any unlawful, fraudulent, or malicious purposes, or to solicit any such activity;
  • attempt to gain unauthorized access to any accounts, features, systems, or networks through hacking, password mining, or any other means;
  • interfere with any access control measures or attempt to disable or circumvent such security features;
  • post, transmit, submit, or include any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable content, material, or information of any kind, or any content, material, or information that may give rise to criminal or civil liability;
  • submit or post any false or misleading information; and/or
  • violate, infringe, or misappropriate the intellectual property, publicity, privacy, or other proprietary rights of Clean Beauty Brands, its licensors, or any other person or entity. 

We reserve the right to prohibit or remove any access ability, use, conduct, communications, or content that we, in our sole discretion, deem to be harmful to the Site, the Online Services, users, us, our brand, our business partners and licensors, or any other person or entity, or that violates these Terms of Use and/or applicable law.

Any unauthorized use automatically terminates the license granted to you hereunder.

6. Accounts

To order Products, you may be required to create an account.  In connection therewith, you agree to provide and maintain true, accurate, current, and complete information about yourself.  You are responsible for maintaining the confidentiality of the information you hold for your account login, including your password, and for all orders made from your account.  You agree to notify us immediately of any unauthorized use of your login.  Clean Beauty shall not be liable for any loss or damage arising from your failure to comply with these obligations.

7. Submissions

You are solely responsible for any information, content, or material you transmit to or through the Site, to Us, or our social media pages, including without limitation, your Product reviews (“Submissions”). You understand that, except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Policy, Submissions are considered non-confidential and non-proprietary.  Furthermore, you grant Clean Beauty an unrestricted, irrevocable, perpetual, transferable, sublicensable, worldwide, royalty-free license to use, copy, reproduce, display, publish, publicly perform, transmit, and distribute any Submission, without compensation or accounting to you or anyone else.  You represent and warrant that:  (a) you have the right to submit the Submission to Clean Beauty and grant the licenses set forth above; (b) Clean Beauty will not need to obtain licenses from any third party or pay royalties to any third party for its use of the Submission; (c) the Submission does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (d) the Submission complies with these Terms of Use and all applicable laws and regulations. 

 Clean Beauty takes no responsibility and assumes no liability for any Submission. 

8. Disclaimer of Warranties 

THE SITE AND ONLINE SERVICES ARE PROVIDED "AS IS”.  CLEAN BEAUTY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE AND ONLINE SERVICES AND HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, CLEAN BEAUTY DOES NOT GUARANTEE THAT THE ONLINE SERVICES WILL MEET YOUR REQUIREMENTS, OR WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. 

 If you are dissatisfied with the Site and/or Online Services in any way, your sole and exclusive remedy is to discontinue accessing and using the same.

9. Limitation of Liability

IN NO EVENT SHALL CLEAN BEAUTY, ITS BUSINESS PARTNERS AND LICENSORS, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR PROVIDERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MONETARY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR ONLINE SERVICES OR THESE TERMS OF USE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY, AND EVEN IF CLEAN BEAUTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  

IN NO EVENT SHALL CLEAN BEAUTY’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, LIABILITIES, COSTS OR EXPENSE (INCLUDING ATTORNEYS FEES AND COSTS) ARISING FROM THE SITE OR ONLINE SERVICES AND/OR THESE TERMS OF USE, EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCTS.

THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS SET FORTH IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. 

10. Indemnification

You agree to defend, indemnify, and hold harmless Clean Beauty and its licensors from and against any and all claims, causes of action, damages, losses, liabilities, costs and expenses (including, without limitation, attorneys’ fees and costs) arising from your breach of these Terms of Use.

11. Electronic Communications

When you visit  or use the Site or Online Services, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing and are deemed to be given and received on the date we transmit any such electronic communication.

12. Links

The Site and our emails may contain links to other third party websites and social media pages (“Linked Sites”).  These Terms of Use only apply to the Site and do not apply to any Linked Sites.  We encourage you to read and understand the terms of use of any Linked Sites that you visit.   Links do not imply that we sponsor, endorse, are affiliated with or associated with, or are legally authorized to use any trademark, trade name, service mark, design, logo, symbol, or other copyrighted materials displayed on or accessible through any Linked Site.

13. International Use

The Online Services are controlled, operated, and administered by a Clean Beauty office from within the United States of America. We make no representation regarding use of the Online Services outside of the United States. 

14. Governing Law

These Terms of Use are governed by the laws of the State of New York.  The United Nations Convention of Contracts for International Sale of Goods, Uniform Commercial Code, and the Uniform Computer Information Transaction Act shall not apply to these Terms of Use or the Online Services. 

15. Dispute Resolution

YOU AND CLEAN BEAUTY ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM.  OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO  COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

Any claim, dispute, or controversy (regardless of the cause of action or nature of the claim) between you and Clean Beauty, its agents, employees, successors, assigns, direct and indirect subsidiaries, and any third party providing any products or services to you or Clean Beauty in connection with the Site or Online Services, or arising from or relating in any way to your use of the Site or Online Services, these Terms of Use, or the interpretation, breach, termination, or validity thereof, shall be resolved exclusively and finally by binding arbitration. The arbitrator shall have exclusive authority to resolve any dispute relating to the enforceability of this arbitration provision including any unconscionability challenge or any other challenge that the arbitration provision or these Terms of Use is void, voidable, or otherwise invalid. The arbitration shall be administered by the American Arbitration Association (“AAA”). Arbitration proceedings shall be governed by this provision and the applicable procedures of AAA.  You agree to an arbitration on an individual basis and agree to hereby waive any right to pursue any class action or collective claim or action. Regardless of any law to the contrary, any claim against Clean Beauty must be filed within one year of the time such claim arose, otherwise such claim will be barred forever. If any provision of this arbitration provision is found unenforceable, the unenforceable provision shall be severed and the remaining arbitration terms shall be enforced, but in no case shall there be a class arbitration. Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.

16. Violation of these Terms of Use and Remedies

Clean Beauty may, in its sole discretion and without prior notice, block and/or terminate your access to the Site and Online Services if we determine that you have violated these Terms of Use or other terms or agreements or that may be associated therewith.  You hereby agree that any violation, or threatened violation, by you of these Terms of Use will cause irreparable harm to Clean Beauty, and therefore you agree that Clean Beauty shall be entitled to injunctive or equitable relief without the necessity of posting a bond, in addition to any other available remedies. 

17. General Provisions

If, for any reason, a court of competent jurisdiction finally determines any provision of these Terms of Use, our Privacy Policy, or any portion thereof to be unenforceable, such provision shall be enforced to the maximum extent permissible so as to give the intended effect thereof, and the remainder of these Terms of Use, Terms of Sale and Privacy Policy shall continue in full force and effect.  Clean Beauty’s failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent or similar breaches. No consent or waiver by Clean Beauty hereof will be deemed effective unless in writing.  These Terms of Use, together with our Privacy Policy and Terms of Sale, as each is currently posted, constitute the entire agreement between Clean Beauty and you with respect to your use of the Site and the Online Services and supersede all previous written or oral agreements relating to the subject matter hereof.

18. Contact Us.

If you have any questions or concerns about the Site, Online Services, these Terms of Use, or our Products please contact us as follows:

team@cleanbeauty.com

Clean Beauty Collective Inc.

45 W 45th Street, 2nd Floor

New York, New York 10036 

TERMS OF SALE

These Terms of Sale apply to your online purchase of the Clean eco-conscious and sustainable prestige beauty products (the “Products”) directly from Clean Beauty Collective Inc. (“Clean Beauty,” "we," or "us") through our website located at www.cleanbeauty.com (collectively, the “Site”).

YOU AGREE TO THESE TERMS OF SALE BY PLACING YOUR ORDER.  THIS IS A BINDING AGREEMENT.  PLEASE READ THESE TERMS CAREFULLY.  IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS. THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT PLACE AN ORDER.

Clean Beauty reserves the right to update and change these Terms of Sale effective upon posting of the updated Terms to the Site. You are advised to check the Terms of Sale from time to time for any updates or changes that may affect you.

1. Pricing

Unless otherwise indicated, all prices listed on the Site are in U.S. dollars and do not include any applicable taxes or shipping costs, for which you are responsible as specified during check-out.

2. Placing an Order

Currently, we only accept orders through the Site from customers located in the US.  We do not ship Products outside the US.

Most orders are processed within 1 - 2 business days from the time the order is placed. Orders placed during the weekend will be processed the following Monday, unless it is a holiday.  Orders placed during a holiday will be processed the next business day.

All orders are subject to availability and confirmation.  Payment must be received prior to our acceptance of an order, and we reserve the right, but have no obligation, to confirm the credibility of all payment transactions.  We reserve the right to decline your order in the event that we are unable to obtain authorization for payment, if shipping restrictions apply to a particular item, or we do not have the item in stock.  

We do not sell Products through our Site to persons under the age of 18 unless you have the permission of a parent or legal guardian as you have to have a credit or debit card to complete your order.  If you are under the age of 18, you should ask an adult to make the purchase on your behalf.

3. Shipping

We offer the following shipping methods: 

Standard Ground Shipping:  5 - 7 business days from the time order is processed
Expedited Shipping:  3 - 5 business days from the time order is processed

4. Accounts

You may purchase Products through the Site as a guest or by creating an online customer account (“Account”).  If you create an Account, you are responsible for maintaining the confidentiality of your login and password and for restricting access to your Account.  You agree to accept responsibility for all orders placed and activities that occur under your Account.   If you have an Account, you can view the status of your order by clicking on the My Account link located on the top right hand side of the Site.

5. Return and Exchange Policy

Clean Beauty honors a 30-day money-back satisfaction guarantee. If for any reason you are not completely satisfied with any Product you ordered through this Site, simply return the unused portion and along with a copy of your receipt within 30 days of purchase and we will reimburse you the price paid for the Product to the account you used for payment.  Shipping fees are not refundable or reimbursable.

Clean Beauty only accepts returns for Products purchased through this Site. If you purchased a Product from another retailer (whether in-store or online) and would like to return or exchange the item, please contact the retailer directly for their return policy.  We are not responsible for any Products not purchased directly from Clean Beauty through the Site.  Products purchased from any other retailer that are returned to Clean Beauty will be automatically discarded and no refunds or exchanges will be made by Clean Beauty.

Returns permitted hereunder should be sent to:

Clean Beauty Collective Inc.
45 W 45th Street, 2nd Floor

New York, New York 10036

6. Final Sale Items

Products marked as "Final Sale" cannot be returned or exchanged. They are also not eligible for any discounts or promo code usage unless otherwise noted.

 7. Payment

We currently accept payments for orders through our Site via debit card and credit card (Visa, American Express, MasterCard, or Discover).  All payments are processed by our third party service provider.  Payment will be debited and cleared from your account upon order confirmation. In filling out the payment requirements, you confirm that you are an authorized user of the credit/debit card. All credit/debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of the credit/debit card rejects authorization of payment to us, we will not be held liable for any delay, non-delivery, or cancelation of your order.

8. Sales Tax

 We charge sales and shipping tax where required by the applicable law, in which event such taxes will be added to the order amount.

9. Shipping 

All shipments are handled either by USPS, UPS, or FedEx. Shipping charges may apply as specified during check-out. The total delivery time for your order is based on the processing time and shipment method selected.  Once processed, your order will ship as indicated on the order.  Our shopping bag is currently configured only for customers located within the US, and we are unable to process or ship orders placed from outside of the US or for shipment of the Products outside the U.S.

10. Product Descriptions

Product images are subject to change. Some items may appear larger or smaller than their actual sizes, and are not shown to scale. The item descriptions indicate approximate size. Also, please note that because computer monitors have different settings, colors and sizes may vary. If you have any questions regarding the size, color, or any other physical aspect of a particular Product, please contact us at team@cleanbeauty.com.  However, Clean Beauty does not warrant that Product images or descriptions are accurate, complete, reliable, current, or error-free. If a Product is not as described on this Site, your sole remedy is to return it in unused condition, for an exchange or refund, as solely determined by us.

11. Products Not For Resale

The Products are available for purchase by consumers only and not for commercial use, resale or export.

12. Limited Warranty; Disclaimer

Clean Beauty warrants to the original purchaser only that the Product purchased from this Site is free from defects in workmanship and material under normal and intended use.  Clean Beauty’s obligation under this warranty is limited to, at our option, replacement or refund of the purchase price paid for such Product for any Product that does not confirm to this limited warranty, provided that you must give us written notice within thirty (30) days from purchase from this Site.  This warranty does not apply to any Product that has been misused or damaged due to negligence, accident, or otherwise, or any alterations to the Product.

Additionally, you have thirty (30) days from purchase to notify Clean Beauty of any missing, incorrect, or damaged portion of your order, which we will correct or replace, at our option, or we cannot be held responsible or liable for these issues.  

TO THE EXTENT ALLOWED BY APPLICABLE LAW, THE FOREGOING LIMITED WARRANTIES ARE IN LIEU OF ALL OTHER EXPRESSED AND IMPLIED WARRANTIES, WHICH WE DISCLAIM. REPRESENTATIONS OR PROMISES INCONSISTENT WITH OR IN ADDITION TO THIS WARRANTY ARE UNAUTHORIZED AND SHALL NOT BE BINDING ON CLEAN BEAUTY. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU. 

13. Limitation of Liability

CLEAN BEAUTY DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN.  IN NO EVENT SHALL CLEAN BEAUTY OR ANY OF ITS PARTNERS OR SERVICE PROVIDERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR SIMILAR DAMAGES, WHETHER OR NOT FORESEEABLE AND REGARDLESS OF THE NATURE OF THE CLAIM. IN NO EVENT SHALL CLEAN BEAUTY BE LIABLE TO ANY THIRD PARTY.  YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS FROM THIS SITE, CLEAN BEAUTY IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT ACTUALLY PAID FOR THE APPLICABLE PRODUCT. SOME JURISDICTIONS MAY NOT ENFORCE ALL OF THESE LIMITATIONS, AND ONLY THE LIMITATIONS THAT ARE LAWFULLY APPLIED TO YOU IN YOUR JURISDICTION WILL APPLY.

14. Governing Law

You agree that these Terms of Sale, any order or purchase through the Site, or any claim, dispute, or controversy (whether in contract, tort, or otherwise) between you and Clean Beauty arising from or relating to these Terms of Sale, or the interpretation, breach, or validity thereof, are governed by the laws of the State of New York, without regard to conflicts of law.

15. Dispute Resolution and Binding Arbitration

YOU AND CLEAN BEAUTY ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM.  OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO  COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

Any claim, dispute, or controversy (regardless of the cause of action or nature of the claim) between you and Clean Beauty, its agents, service providers, employees, successors, assigns, direct and indirect subsidiaries, and any third party providing any products or services to you or Clean Beauty in connection with your purchase, or arising from or relating in any way to your order or purchase, the Products, these Terms of Sale, or the interpretation, breach, termination, or validity thereof, shall be resolved exclusively and finally by binding arbitration. The arbitrator shall have exclusive authority to resolve any dispute relating to the enforceability of this arbitration provision including any unconscionability challenge or any other challenge that the arbitration provision or these Terms of Sale is void, voidable, or otherwise invalid. The arbitration shall be administered by the American Arbitration Association (“AAA”). Arbitration proceedings shall be governed by this provision and the applicable procedures of AAA.  You agree to an arbitration on an individual basis and agree to hereby waive any right to pursue any class action or collective claim or action. Regardless of any law to the contrary, any claim against Clean Beauty must be filed within one year of the time such claim arose, otherwise such claim will be barred forever. If any provision of this arbitration provision is found unenforceable, the unenforceable provision shall be severed and the remaining arbitration terms shall be enforced, but in no case shall there be a class arbitration. Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.

Copyright © Clean Beauty Collective Inc.  All rights reserved.