TERMS AND CONDITIONS FOR BELLA ROYALTY PROGRAM
1. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
BY PLACING AN ORDER FOR PRODUCTS THROUGH THE BELLA ROYALTY PROGRAM, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS THROUGH THE BELLA ROYALTY PROGRAM FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) DO NOT QUALIFY FOR THE BELLA ROYALTY PROGRAM (C) ARE PROHIBITED FROM ACCESSING OR USING SELLER’S WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, OR GOODS BY APPLICABLE LAW.
These terms and conditions (these "Terms") apply to your membership in the Bella Royalty Program of Bella Lash Extensions, LLC (“Seller”) (sometimes referred to as "us", "we", or "our" as the context may require) and purchase of product in the Bella Royalty Program through www.bellalash.com (the "Site").
2. Bella Royalty Membership Qualifications. In addition to agreeing to the Terms, to qualify for a Bella Royalty membership, the you must meet the following qualifications:
(a) Be located in the United States and have a mailing address in the United States; and
(b) Hold a professional account with Bella Lash
3. Bella Royalty Membership Benefits. The following benefits apply to Bella Royalty members:
(a) Free shipping on select products. Free shipping service method and carrier is at the discretion of the Seller;
(b) Single click checkout
(c) Priority order processing. All order place before 2pm MST on a regular business day (Monday – Friday, holidays excluded) shall ship the same day, unless otherwise noted upon ordering due to product shortages.
(d) Access to Bella Box Discount, which includes a variable discount on the frequency of the order provided that certain quantity and cost minimums are met. See Bella Box Discount Policy, available at Bellalash.com.
(e) Early access to new products.
4. Membership Fee and Billing
(a) The fee for membership in the Bella Royalty Program is ten dollars ($10.00) per month, payable on the same day of each month (“Membership Fee”). The Seller shall apply the full Membership Fee towards your purchase of products on the Bella Lash website for that month (“Product Credit”). The Membership Fee is non-refundable. Your membership will automatically be billed and be renewed each month unless you cancel as set forth below.
(b) UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT TO AUTO RENEW, YOU UNDERSTAND YOUR MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
5. Other Terms of Membership.
(a) Seller reserves the right to accept or refuse membership in its sole and absolute discretion.
(b) Seller may send you email and other communications related to your membership.
(c) You may not transfer or assign your membership or any benefits.
(d) From time to time, Seller may choose in its sole discretion to add or remove membership benefits.
(e) Seller may terminate your membership at its sole and absolute discretion without notice. If terminated by Seller, you will receive a prorated refund based on the number of days left in the month for which you have paid.
6. Cancellation of Membership. You may cancel your membership at any time by accessing my account > Bella Royalty > Cancel Membership. Cancellation will stop all future payments for the Royalty Program. Your membership will stay active for the remainder of the month. No refunds will be issued for unused membership fees. Upon cancellation, all Product Credit will expire immediately.
7. Shipments; Delivery
(a) Except as otherwise set forth in these Terms, the Shipping Policy applies, https://bellalash.com/company/shipping_policy.
(b) All shipments shall be made to the address for you listed in the Bella Royalty Program that you provide. The address must be located in the United States.
8. Changes to Terms of Bella Royalty Program. These Terms are subject to change by Seller (referred to without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the "Last Updated Date" referenced on the Site. You should review these Terms prior to purchasing any product through the Bella Royalty Program that are available through this Site. Your continued membership in the Bella Royalty Program after the "Last Updated Date" will constitute your acceptance of and agreement to such changes
9. Returns and Refunds. Except as otherwise set forth in these Terms, the Return Policy set forth on the Site applies, https://bellalash.com/company/return_policy.
11. LIMITATION OF LIABILITY. SELLER’S TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE TOTAL AMOUNT OF MEMBERSHIP FEES YOU PAID TO SELLER. THIS LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR MEMBERSHIP.
12. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
13. Governing Law and Jurisdiction. These Site is operated from the US. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Utah without giving effect to any choice or conflict of law provision or rule. You hereby consent to exclusive jurisdiction and venue in the courts of Utah County, State of Utah or the federal district court in Salt Lake City, Utah.
14. Waiver of Jury Trial. SELLER AND YOU IRREVOCABLY AND UNCONDITIONALLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR TERMS, INCLUDING ANY EXHIBITS, SCHEDULES, AND APPENDICES ATTACHED TO THIS AGREEMENT, OR THE TRANSACTIONS CONTEMPLATED HEREBY.
15. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. No assignment or delegation relieves you of any of your obligations under these Terms.
16. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Seller.
17. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
(a) To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
(b) To Us. To give us notice under these Terms, you must contact us as follows: (i) email to firstname.lastname@example.org (ii) by personal delivery, overnight courier, or registered or certified mail to the address set forth on the Site. We may update the facsimile number or address for notices to us by posting a notice on the Site. Notices provided by registered or certified mail will be effective three business days after they are sent.
19. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.