1. THIS IS A LEGALLY BINDING AGREEMENT. THIS DOCUMENT CONTAINS 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 ROYALTY+, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND ACCEPT AND ARE LEGALLY BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS THROUGH ROYALTY+ FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) DO NOT QUALIFY FOR ROYALTY+ OF BELLA LASH EXTENSIONS, LLC, (C) ARE PROHIBITED FROM ACCESSING OR USING BELLA LASH’S WEBSITE OR ANY OF ITS WEBSITE’S CONTENTS, OR GOODS BY APPLICABLE LAW.
THESE TERMS AND CONDITIONS (THESE “TERMS”) APPLY TO YOUR MEMBERSHIP IN THE ROYALTY+ PROGRAM OF BELLA LASH EXTENSIONS, LLC (“BELLA LASH”) (SOMETIMES REFERRED TO AS “US”, “WE”, OR “OUR” AS THE CONTEXT MAY REQUIRE) AND PURCHASE OF PRODUCT IN ROYALTY+ THROUGH WWW.BELLALASH.COM (THE “SITE”).
2. Royalty+ membership qualifications. In addition to agreeing to the terms, to qualify for a Royalty+ membership, you must meet the following qualifications: (a) be located in the United States and have a mailing address in the United States; (b) hold a professional account with Bella Lash and (c) pay the required membership fees.
3. Royalty+ membership benefits. The following benefits apply to Royalty+ members: (a) free shipping on select products. Free shipping service method and carrier is at the discretion of Bella Lash; (b) 15% discount on all Bella Lash products, subject to certain exclusions made at the sole discretion of Bella Lash; (c) earn double points on each dollar spent on Bella Lash’s website; (d) earn double points for birthdays; (e) redeem points as a discount toward the purchase of applicable Bella Lash products subject to certain exclusions made at the sole discretion of Bella Lash. 100 Points may be redeemed for $1.00 United States currency toward applicable and approved purchases. Bella Lash reserves the right to change how many points are necessary for a discount of $1.00 United States currency to apply; (f) exclusive education content accessed through Bella Lash’s learning portal powered by Skill Suite, LLC; (g); priority order processing. All orders placed before 2 PM MDT on a regular business day (Monday – Friday, holidays excluded) shall ship the same day, unless otherwise noted upon ordering due to product shortages; (h) early access to new products; (i) premium customer experience; (j) product subscriptions; (k) exclusive community; (l) exclusive events; and (m) free gifts from time to time.
4. Membership Fee and Billing
a) The fee for membership in the Royalty+ is one hundred twenty dollars ($120.00) per year, payable on the anniversary day each year (“Membership Fee”). The membership fee is non-refundable. Your membership will automatically be billed and be renewed each year unless you cancel as set forth below.
b) UNLESS YOU NOTIFY BELLA LASH BEFORE THE ANNUAL MEMBERSHIP FEE CHARGE THAT YOU WOULD LIKE TO CANCEL OR DO NOT WANT TO AUTO RENEW, YOU UNDERSTAND YOUR MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE BELLA LASH (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) Bella Lash reserves the right to accept or refuse membership in its sole and absolute discretion.
b) Bella Lash may send you an 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, Bella Lash may choose in its sole discretion to add or remove membership benefits.
e) Bella Lash may terminate your membership at its sole and absolute discretion without notice. If terminated by Bella Lash, you will receive a prorated refund based on the number of days left in the year for which you have paid.
6. Cancellation of Membership. You may cancel your membership at any time by contacting email@example.com. Your membership will stay active for the remainder of the month that it was cancelled. No refunds will be issued for unused membership fees. Upon cancellation, all accrued points 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 on your account that you provide in your account on Bella Lash’s website. The address must be located in the United States.
8. Changes to Terms of Royalty+. These terms are subject to change by Bella Lash without prior written notice at any time, in our sole discretion, including an increase in any membership fee. 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 Royalty+ that are available through this site. Your continued membership in Royalty+ 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. BELLA LASH’S TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE TOTAL AMOUNT OF MEMBERSHIP FEES YOU PAID TO BELLA LASH. 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. Bella Lash 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. 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. BELLA LASH 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 Bella Lash 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 Bella Lash.
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) Bella Lash 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 Bella Lash sends the email and notices it provides by posting will be effective upon posting. It is your responsibility to keep your email address current.
(b) To give Bella Lash notice under these terms, you must contact Bella Lash 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. Bella Lash may update the facsimile number or address for notices to Bella Lash 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.