Terms of service

These Terms and Conditions are the official terms of use for www.marisaberensonbeauty.com. The content and services available on our website are provided to you by MBB AMERICA LLC subject to the following terms and conditions. Please also review our Privacy Policy and the other terms and policies you may find throughout our website in connection with certain functionality, ordering information or promotions. By accessing or using www.marisaberensonbeauty.com , you are acknowledging that you have read, understand, and agree to be bound by these Terms and Conditions, and the other guidelines, policies and terms posted on the website.

MBB AMERICA LLC reserves the right to update or modify these Terms and Conditions at any time. When changes are made, we will make the revised version available on this webpage, and will update the “Last Updated” date, copied below. For this reason, we encourage you to review these Terms and Conditions whenever you purchase products from www.marisaberensonbeauty.com. By using this webSite, you agree to be bound by the Terms and Conditions posted on www.marisaberensonbeauty.com at the time of your access.

Binding Contract

These Terms and Conditions form a legally binding contract between you and us. By using our webSite, you affirm that you are at least 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, representations and responsibilities set forth in these Terms and Conditions, and to abide and comply with these Terms and Conditions.

Intellectual Property

Everything on or used in connection with www.marisaberensonbeauty.com, including but not limited to MARISA BERENSON trademark name and logo, product images and descriptions, Site design, the look and feel of www.marisaberensonbeauty.com, text, graphics, button icons, images, audio clips, page headers, trademarks, content, the selection and arrangement thereof, and all software belongs to or is licensed to Marisa Berenson trademark, and is protected by U.S. and international laws, including laws governing copyrights and trademarks. Permission is granted to electronically copy and to print in hard copy portions of www.marisaberensonbeauty.comfor purposes of placing an order with Marisa Berenson trademark or for non-commercial uses.

 

You may not use any data mining, robots, or similar data gathering and extraction tools on www.marisaberensonbeauty.comor frame any portion. You may not circumvent any mechanisms included in www.marisaberensonbeauty.com for preventing the unauthorized reproduction or distribution of the content or materials contained on our webSite.

Inaccuracy Disclaimer

From time to time there may be information on www.marisaberensonbeauty.com that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Marisa Berenson LLC reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).

While we make reasonable efforts to ensure the information provided on the webSite is accurate, we make no warranties about the accuracy and reliability of the information, data or content on the Site. The content on the Site is provided for informational purposes only. We shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via www.marisaberensonbeauty.com. The information contained on the webSite may be compiled from a variety of sources. See the “Disclaimer” Section below for more details.

Proper Use of the Sites

You agree that you will use our webSite in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States export control laws. Violation of any of the foregoing may result in immediate termination of these Terms and Conditions and may subject you to state and federal penalties and other legal consequences. We reserve the right, but shall have no obligation, to investigate your use of www.marisaberensonbeauty.com in order to determine whether a violation of these Terms and Conditions has occurred or comply with any applicable law, regulation, legal process or governmental request.

You may not use our webSite in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the webSite. You may not attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these terms.

Certain parts of the webSite www.marisaberensonbeauty.commay require a password to enter. You agree that you are responsible for all acts or omissions that occur on your account while your password is being used. If you believe someone has used your password or account without your authorization, you must notify us immediately. We reserve the right to access and disclose any information, including, without limitation, user names of accounts and other information, to comply with applicable laws and lawful government requests.

Third Party

Marisa Berenson trademark may from time to time provide links to other websites or applications (collectively, "Third Party Websites") as a service to those interested in this information. Links to Third Party Websites may also be posted by third parties on www.marisaberensonbeauty.com. Marisa Berenson trademark does not monitor, approve or have any control over any content located on Third Party Websites. The inclusion of any links to Third Party Websites does not imply any association or relationship between Marisa Berenson trademark and the Third Party Website, and Marisa Berenson trademark does not guarantee, endorse or adopt the accuracy or completeness of content on any Third Party Website. Marisa Berenson trademark is not responsible for updating or reviewing content on Third Party Websites. You use Third Party Websites at your own risk. Links to Third Party Websites do not imply legal authority to use any protected rights of others reflected in the links. If you use any of these links, you will leave the Sites.

Certain functionality on www.marisaberensonbeauty.com may permit interactions that you initiate between our webSite and a third party web site or service ("social features") if you choose to use social features, information you post or provide access to may be publicly displayed on www.marisaberensonbeauty.com or by the provider of the social feature that you use. The information we collect in connection with social features is subject to Marisa Berenson trademark Privacy Policy. The information collected and stored by the third party remains subject to the third party's privacy practices, including whether the third party continues to share information with us, the types of information shared, and your choices with regard to what is visible to others on that third party web site or service.

Children Under 13

Our webSite www.marisaberensonbeauty.com is not intended for children. We do not knowingly collect personally identifiable information from children. Children under 13 may look at our webSite, but are not permitted to make a purchase, create an account, enter a promotion, submit a customer survey, sign-up for emails. If we discover someone under the age of 13 has created an account or has otherwise provided us with their personal information, no matter how adorable they might be, we will remove their personally identifiable registration information from our records. If you are under 13 and would like to make a purchase, please ask a parent or legal guardian to place the order for you.

Use of Products and Services

The products and services available on www.marisaberensonbeauty.com, including any samples Marisa Berenson company may provide to you, are for personal use only. All material and information presented by www.marisaberensonbeauty.comis intended to be used for personal educational or informational purposes only. The statements made about products have not been evaluated by the U.S. Food and Drug Administration and the results reported, if any, may not necessarily occur in all individuals. The statements and products are not intended to diagnose, treat, cure or prevent any condition or disease. All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions.

Use of our webSite is not meant to serve as a substitute for professional medical advice: www.marisaberensonbeauty.com is solely online store for specialty beauty products. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from www.marisaberensonbeauty.combefore using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. www.marisaberensonbeauty.comdoes not give or intend to give any answers to medical related questions and our webSite do not replace any medical professional or medical resource. Marisa Berenson company does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on www.marisaberensonbeauty.com.

You may not sell or resell any of products or services you purchase or otherwise receive from www.marisaberensonbeauty.com. Marisa Berenson company reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you where Marisa Berenson Company, in its sole discretion, believes may result in the violation of these Terms and Conditions.

Returns

We want you to be totally satisfied with your order, however we understand if a product doesn't work out and want to make sure the return is as painless as possible.

Online Purchase Return

If you wish to return a product, please do so within 30 days from the ship date for a refund on the purchase price. Refunds will be credited to the original credit card or PayPal account used for payment. Purchases of gift certificates and sale items cannot be returned for a refund.

Naturally, we cannot take returns on opened products or products not bought online at www.marisaberensonbeauty.com. To return items to marisaberensonbeauty.com, please simply contact us at contact@marisaberensonbeauty.com and will give the returning address. You'll then:

  1. Pack and seal your return merchandise securely (in the original package if possible).
  2. We recommend shipping your return with a service that provides tracking and insurance as we are not responsible for any packages lost in transit.
  1. Your return will be processed promptly upon arrival, and we will send you a confirmation by email. Please allow 3-4 weeks from the shipping date for your account to be credited. Shipping and handling charges are not refundable.

Questions or Comments?

Please feel free to contact us via email at contact@marisaberensonbeauty.com if you have any questions or need help!!

Mobile Services

If you access www.marisaberensonbeauty.com via your mobile phone, we do not currently charge for this access. Please be aware that your carrier's normal rates and fees, such as text messaging fees or data charges, will still apply.

Disclaimer

MBB AMERICA is providing www.marisaberensonbeauty.comand its contents on an "as-is" basis and makes no representations or warranties of any kind, express or implied, with respect to the operation ofwww.marisaberensonbeauty.com, the information, content, materials or products, included on www.marisaberensonbeauty.com. To the fullest extent permitted by law, benefit disclaims all such representations and warranties, including for example warranties of merchantability and fitness for a particular purpose. In addition, marisa berenson company does not represent or warrant that the information accessible via www.marisaberensonbeauty.comis accurate, complete or current. Marisa berenson company will not be liable for any damages of any kind arising out of or in connection with the use of www.marisaberensonbeauty.com. This is a comprehensive limitation of liability that applies to all damages of any kind, including but not limited to direct, indirect, incidental, punitive or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

Limitation of Liability

Except as provided in the disclaimer section above, your sole and exclusive remedy for any other dispute with us relating to the use of is to discontinue your use of www.marisaberensonbeauty.com. In no event shall our liability, or the liability of our agents, affiliates, subsidiaries and representatives for any and all claims relating to the use of www.marisaberensonbeauty.com exceed the total amount of fees that you paid us during a one-year period for the specific service at issue or the cost of the product at issue. Your sole and exclusive remedy for any dispute regarding any product purchased on www.marisaberensonbeauty.comis a refund of the price paid or replacement of the product, as more specifically described in the purchase terms.

We, our agents, affiliates, subsidiaries and representatives shall not be liable for any indirect, special, incidental, consequential or exemplary damages arising from your use of, inability to use, or reliance upon www.marisaberensonbeauty.com or any product advertised or sold on www.marisaberensonbeauty.com. These exclusions apply to any claims for lost profits, lost data, loss of goodwill, injury, work stoppage, computer failure or malfunction, or any other commercial damages or losses, even if we knew or should have known of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability, and the liability of our subsidiaries and affiliates, shall be limited to the extent permitted by law.

Indemnification

You agree to defend, indemnify and hold harmless MBB AMERICA LLC (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages of every kind and nature, known and unknown, including reasonable legal fees, arising out of your use of and access to www.marisaberensonbeauty.com ; your violation of any term of these Terms and Conditions ; a breach of these Terms and Conditions ; your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or any claim that any content that you submitted to www.marisaberensonbeauty.com caused damage to a third party. This indemnification obligation will survive the termination of these Terms and Conditions and your use of www.marisaberensonbeauty.com.

Governing Law and Jurisdiction

These Terms and Conditions and all questions relating to the performance, interpretation, breach or enforcement of these Terms and Conditions, or the rights, obligations and liabilities of you and us under them are governed by the laws of the State of California.

Arbitration

You agree that exclusive jurisdiction for any dispute, claim, or demand related in any way to www.marisaberensonbeauty.com will be decided by binding arbitration. All disputes between you and Marisa Berenson company of any kind or nature arising out of your use or enjoyment of www.marisaberensonbeauty.com, shall be submitted to Judicial Arbitration and Mediation Services, Inc. (“JAMS”) for binding arbitration under its rules then in effect in the State of California, before one arbitrator to be mutually agreed upon by both parties. The parties agree to share equally in the arbitration costs incurred. Any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.

International Visitors and Shipping

We make no representation that materials contained on www.marisaberensonbeauty.com or products described or offered on www.marisaberensonbeauty.com are appropriate or available for use in jurisdictions outside the United States, or that these Terms and Conditions comply with the laws of any other country. Visitors who use www.marisaberensonbeauty.com and reside outside the United States do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access www.marisaberensonbeauty.com from any territory where its contents are illegal, and that you, and not Marisa Berenson Company are responsible for compliance with applicable local laws.

International orders may be subject to import taxes, customs duties and fees levied by your country’s customs department upon arrival. When ordering from www.marisaberensonbeauty.com, the recipient of the shipment is the importer of record and is responsible for any of these import fees, as well as complying with all laws and regulations of the destination country. Marisa Berenson company does not collect duties and taxes, and as smart as we are, we cannot predict what your particular charges may be. Customs policies vary widely from country to country, so please contact your local customs office for more information.

Shipments to US territories only except Alaska and Hawaii

Products can not be shipped to Alaska neither to Hawaii neither outside of United states of America.

No Reseller Activity

The products and services available on www.marisaberensonbeauty.com, including any samples Marisa Bereson Company may provide to you, are for personal use only. You may not sell or resell any of the products or services you purchase or otherwise receive from www.marisaberensonbeauty.com. We reserve the right, with or without notice, to cancel or reduce the quantity of any order or withhold refunds or concessions, in our sole discretion, to those individuals we believe may be engaged in suspicious reseller activity or are otherwise violating these Terms and Conditions. Among other things, we may suspect reseller activity based on factors such as order frequency, amount and quantity.

No Waiver

The failure of Marisa Berenson company to insist upon strict adherence to any term of these Terms and Conditions shall not constitute a waiver of such term. Further, it shall not impact Marisa Berenson company’s ability to enforce any other provision in these Terms and Conditions. You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of www.marisaberensonbeauty.com or these Terms and Conditions must be filed within one year after such claim or cause of action arose, or will be forever barred.

Severability

If any provision of these Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected.

Effective Date: 01/01/2016

Last Updated: 01/01/2016