Terms of Service
Welcome to Le Reve Beauté! This website located at www.lerevebeauté.com (this "Site") is owned and operated by Luxe Beauty, LLC (the “Company”) (“Luxe Beauty, LLC” and, collectively with the Company, “Le Reve Beauté”). Le Reve Beauté provides website features and other products and services to you when you visit, shop or purchase items from this Site, access this Site from your mobile devices, or use software provided by Le Reve Beauté in connection with any of the foregoing (collectively, “Le Reve Beauté Services”). Le Reve Beauté provides its products and services subject to these Terms of Service.
BY USING THE LE REVE BEAUTÉ SERVICES, YOU AGREE TO THESE CONDITIONS. PLEASE READ THEM CAREFULLY.
By accessing or using this Site, mobile application or other Le Reve Beauté product or service on any computer, mobile phone, tablet, console or other device (collectively, “Device”), you acknowledge and agree that you have read, understand and agree to be bound by these Terms of Service and any other applicable law, whether or not you are a registered member of Le Reve Beauté. You must be at least 18 years old to use this Site or Services. Le Reve Beauté may change these Terms of Service at any time without notice. When we make changes, we will post them here. Your continued use of the Le Reve Beauté Services or enrollment as a Beauté Box Member shall be considered your acceptance to the revised Terms of Service. If you do not agree to these Terms of Service, please do not use this Site or any Le Reve Beauté Services and immediately cancel your Beauté Box Membership through the Contact Support page.
When you use any Le Reve Beauté Service, 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 this Site or through the other Le Reve Beauté Services. 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.
BEAUTÉ BOX MEMBERSHIP
BEAUTÉ BOX MEMBERSHIP PROGRAM
Le Reve Beauté offers members the opportunity to participate in its membership rewards program (the “Beauté Babe Rewards Program”). As a Beauté Box Member, you will receive access to your box customization on the 1st of every month. You will also receive emails, newsletters, special offers and other updates to maximize your shopping experience. As a valued Beauté Box Member, you will enjoy exclusive VIP Member-only pricing and dedicated promotions. You may cancel your Beauté Box Membership through the Contact Support page.
HOW BEAUTÉ BOX MEMBERSHIP WORKS
Upon enrollment in the Beauté Box Membership Program, you will be able to customize your box 5 up to 5 business days of your monthly subscription anniversary. You must log into your account and make your elections a minimum of 5 business days before your monthly subscription anniversary. If you do not make a selection change, your order will be processed and you will receive your usual subscription items. You may cancel your Beauté Box Membership through the Contact Support page.
You may cancel your Beauté Box Membership Account according to the subscription plan made at the time of the original purchase. If you wish to cancel your Account, go to the Contact Support page. 7 days a week. There is no cancellation fee. Please be advised that your Account may only be canceled by the registered Beauté Box Member or the holder of the valid credit card on file related to your Account.
BEAUTÉ BOX MEMBER PERKS - VIP PRICING
As a Beauté Box Member, you will be able to purchase two styles of Le Reve Luxury Lashes and a Mystique Eyeliner color for $79 a month. The site also offers a range of products, including, but not limited to, eyeshadows, lip glosses, lip sticks, eyebrow liner, concealers, foundations, blush, primers, setting sprays and more. In order to bring you this great pricing, flat rate shipping fee for all domestic orders under $100 and internationally for orders under $100, after applicable discounts.
You will also receive emails, newsletters, special offers and other updates to maximize your shopping experience.
MEMBERSHIP CREDITS AND GIFT CARDS
Any membership credits issued to you will be automatically converted into electronic gift cards if they are unused following the twelve (12) month mark of issuance. As described below, gift cards function almost identically to membership credits, and both constitute prepaid promotional certificates that are provided to Beauté Box Members in connection with the Beauté Box Membership Program. Gift cards can be used by you to purchase identified merchandise at a price below the regular retail price if you are a Beauté Box Member at the time of redemption. Non Beauté Box Members can also use gift cards to purchase Le Reve Beauté items at the regular retail price. Additionally, gift cards are freely transferable and can be broken up and applied across multiple purchases on this Site or the Le Reve Beauté Services.
Membership credits and gift cards are not refundable or redeemable for cash. Membership credits and gift cards can only be used toward purchasing Le Reve Beauté items on the Site or through the Le Reve Beauté Services. Membership credits may only be redeemed in one transaction and are non-transferrable. Le Reve Beauté gift cards may be redeemed in multiple transactions and are transferable. Once you use the gift card any remaining value from the gift card will be automatically credited back to your Account under the “store credit” section. You may transfer gift cards to family members or friends who may want to try Le Reve Beauté products.
Your Account reflects the balance of Beauté Box Membership credits. The Account balance will be adjusted as Beauté Box Membership credits are converted to gift cards. Membership credits and gift cards do not expire. However, Le Reve Beauté expressly reserves the right to impose inactivity or dormancy fees on membership credits and gift cards in some or all states, and may begin imposing such fees at any time by providing at least thirty (30) days’ advance notice, which notice shall be given by posting revised Terms of Service on this Site. The risk of loss and title to such gift cards passes to the purchaser upon Le Reve Beauté’s electronic transmission to the recipient.
LIMITATION OF LIABILITY
LE REVE BEAUTÉ MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO MEMBERSHIP CREDITS OR GIFT CARDS INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OR MERCHANTABILITY FOR A PARTICULAR PURPOSE. IN THE EVENT THAT A MEMBERSHIP CREDIT OR GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH MEMBERSHIP CREDIT OR GIFT CARD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
If you have any questions regarding our gift card policies please go to the Contact Support page.
RISK OF LOSS/TITLE
The risk of loss and title for products purchased on the Site or through the Le Reve Beauté Services passes to the purchaser upon our delivery to the carrier. Replacement of products and credits to your account for shipped merchandise claimed as not received are subject to our investigation. We will adjust your account at our discretion. Le Reve Beauté does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Le Reve Beauté does not take title to the refunded item.
Le Reve Beauté is not required by law to collect sales and/or use taxes in all states, nor does it actually collect such taxes in all states. However, Le Reve Beauté reserves the right to collect sales tax in any other jurisdictions if it believes that such collection is required by law.
For states imposing sales or use taxes, your purchase may be subject to use tax unless it is specifically exempt from taxation. Your purchase is not exempt merely because it is made over the Internet or by other remote means. Many states require purchasers to file a sales/use tax return at the end of the year reporting all of the taxable purchases that were not taxed and to pay tax on those purchases. You may have a tax obligation in states where Le Reve Beauté does not collect sales tax. Details of how to report these taxes may be found at the websites of your respective taxing authorities.
To make purchases through the Le Reve Beauté Services or to become a Beauté Box Member you must submit credit card information. You represent and warrant to Le Reve Beauté that such information is true and that you are authorized to use the payment instrument. You will promptly update your Account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You authorize Le Reve Beauté to use any updated credit card information submitted by your credit card company directly Le Reve Beauté. If you dispute any charges, you must inform Le Reve Beauté within thirty (30) days upon receipt of Le Reve Beauté’s invoice. We reserve the right to change Le Reve Beauté prices, fees or the number of Member Credits required to purchase items. Your continued use of the Le Reve Beauté Services after the price change becomes effective constitutes your agreement to pay the changed amount.
ACCOUNT CONFIDENTIALITY AND ACCESS
You are solely responsible for maintaining the confidentiality of your Account, all activities occurring under your Account and all access to and use of the Le Reve Beauté Services by anyone using your Account, whether or not such activities and access are actually authorized by you, including but not limited to all communications, transactions and obligations. You agree to accept responsibility for all activities that occur under your account and password. Le Reve Beauté shall not be liable or responsible for any loss or damage arising from any unauthorized use, access or any other breach of security of your Account, including but not limited to your member sign-in password and email address. You acknowledge and accept that your use of the Le Reve Beauté Services is in compliance with these Terms of Service. You further acknowledge and accept that Le Reve Beauté shall have no obligation to investigate the authorization or source of any Account activity, including purchase activity following a proper log-in to this Site or any Services, which is defined as a matching and current member sign-in and user password. You shall notify Le Reve Beauté immediately of any unauthorized access to your Account or any other unauthorized use of any Le Reve Beauté Services.
You agree that Le Reve Beauté may, without prior notice, immediately terminate, limit your access to or suspend your Account based on any of the following: (a) breach or violation of these Terms of Service; (b) upon request by law enforcement; (c) unforeseeable technical or security issues or problems; (d) extended periods of inactivity; or (e) fraudulent, deceptive or illegal activity, or any other activity which Le Reve Beauté believes is harmful to its business interests; or (f) for no reason. You agree that any termination, limitation of access and/or suspension shall be made in Le Reve Beauté’s sole discretion and that Le Reve Beauté shall not be liable to you or any third party for the termination, limitation of access and/or suspension of your Account.
Any and all Le Reve Beauté Services may be used only for lawful purposes and are available only for your personal, noncommercial use, which shall be limited to viewing this Site, purchasing products, providing information to Le Reve Beauté, and downloading product information for your personal review. You are responsible for your own communications, including the transmission, posting, and uploading of information and are responsible for the consequences of such communications. Le Reve Beauté specifically prohibits any use of the Le Reve Beauté Service, and requires all users to agree not to use the Le Reve Beauté Services, for any of the following:
• Posting any information which is incomplete, false, inaccurate or not your own;
• Creating multiple accounts for the same user;
• Accessing data not intended for you or logging on to a Le Reve Beauté server or account, which you are not authorized to access;
• Engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation that would fail to comply with accepted Internet protocol;
• Communicating, transmitting, or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;
• Communicating, transmitting, or posting material that reveals trade secrets, unless you own them or have the permission of the owner;
• Communicating, transmitting, or posting material that infringes on any other intellectual property, privacy or publicity right of another;
• Communicating, transmitting, or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of any applicable export control laws;
• Attempting to interfere in any way with this Site’s network security, or attempting to use this Site’s service to gain unauthorized access to any other computer system;
• Communicating, transmitting, or posting material that is in violation of applicable laws or regulations;
• Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt);
• Attempting to interfere or interfering with the operation of this Site, Le Reve Beauté’s provision of services to any other visitors to this Site, Le Reve Beauté hosting provider or networks, including, without limitation, via means of submitting a virus to this Site, overloading, "flooding", "mailbombing" or "crashing" this Site;
• Forging any TCP/IP packet header or any part of the header information in any e-mail or transmission or posting to this Site.
Any and all content, comments, feedback, suggestions, ideas, concepts, photos, questions or other communications (collectively, “User Content”) that you submit or post through any Le Reve Beauté Services shall be deemed non-confidential and non-proprietary. By submitting or posting any User Content, you grant to Le Reve Beauté and its affiliates a perpetual, irrevocable, royalty-free, worldwide, sublicensable and transferable license to copy, publish, translate, modify, create derivative works from, distribute, reproduce, display, or use the User Content in any commercial or non-commercial manner whatsoever. Le Reve Beauté will be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products that incorporate or otherwise rely upon such information. Le Reve Beauté shall have no obligation to monitor User Content, use or display User Content, compensate you for submitting User Content, or respond to any User Content. Le Reve Beauté retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any User Content for any reason or no reason.
If you utilize your Facebook account to access and use the social features available through the Le Reve Beauté Services, you can choose whether or not you wish to share content or information related to your Account on Facebook. You agree that Le Reve Beauté is not responsible for any content or information related to your Account once it is shared and posted on Facebook. If you use the Le Reve Beauté Services and its social features, you agree to respect other users of the Le Reve Beauté Services in your interactions with them. Le Reve Beauté reserves the right, in its absolute discretion, to disable your account if it believes that you are violating any term or condition set forth herein.
By submitting User Content, you represent and warrant that the User Content does not (i) contain false or misleading information, (ii) infringe on the intellectual property rights of any third party, (iii) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing content, (iv) contain any addresses, email addresses, phone numbers or any contact information, or (v) contain computer viruses, worms or other harmful files. You are solely responsible for the User Content and you hereby agree to indemnify and hold Le Reve Beauté and its employees, agents and affiliates harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.
Prices, descriptions and availability of products are subject to change without notice. Errors may be corrected when discovered, and Le Reve Beauté reserves the right to revoke any stated offer in order to correct any errors or inaccuracies. Although Le Reve Beauté has made every effort to display our products and their colors as accurately as possible, the displayed colors of the products depend upon the monitor of the user, and Le Reve Beauté cannot guarantee that the user’s monitor will accurately portray the actual colors of the products. Products displayed may be out-of-stock or discontinued, and prices are subject to change. Le Reve Beauté is not responsible for typographical errors regarding price or any other matter.
All orders placed through any Le Reve Beauté Services are subject to Le Reve Beauté’s acceptance. This means that Le Reve Beauté may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, Le Reve Beauté will issue you a refund.
INTELLECTUAL PROPERTY RIGHTS
All content, graphics, text, code and software used on or incorporated into this Site and/or any Le Reve Beauté Service, and the arrangement or integration of all such content, graphics, code and software, are subject to copyrights held by or licensed to Le Reve Beauté and all rights thereto are specifically reserved. As between you and Le Reve Beauté, (or any other company whose marks appear on any of the Le Reve Beauté Services), Le Reve Beauté (or the respective company) is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on any of the Le Reve Beauté Services, and is the copyright owner or licensee of the materials and content contained therein, unless otherwise indicated. The Le Reve Beauté logos, designs, titles, phrases, product names, photographs, images, videos and content and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, “ Intellectual Property”) are owned by Le Reve Beauté and may be registered in the United States and internationally. You agree not to display or use the Le Reve Beauté Intellectual Property in any manner without Le Reve Beauté’s prior written permission. Nothing contained on this Site or in any of the Le Reve Beauté Services should be construed to grant any license or right to use any Le Reve Beauté Intellectual Property without the prior written consent of Le Reve Beauté.
Except as otherwise provided herein, use of the Le Reve Beauté Services does not grant you a license to any materials, content or features you may access on this Site or via the Le Reve Beauté Services and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such materials and content, features or materials, in whole or in part. Any commercial use of the Le Reve Beauté Services is strictly prohibited, except as otherwise approved by us. You may not download or save a copy of any of the materials and content or screens for any purpose except as otherwise provided by Le Reve Beauté. If you make use of the Le Reve Beauté Services, other than as provided herein, in doing so you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. The information contained in the Le Reve Beauté Services including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including, but not limited to, copyright law.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
Le Reve Beauté publishes information within the Le Reve Beauté Services as a convenience to its visitors. While Le Reve Beauté attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Le Reve Beauté Services at any time without notice. The Le Reve Beauté products described in the Le Reve Beauté Services may not be available in your region. Le Reve Beauté does not claim that the information on this Site is appropriate to your jurisdiction or that the products described in the Le Reve Beauté Services will be available for purchase in all jurisdictions.
YOUR USE OF THE LE REVE BEAUTE SERVICES ARE AT YOUR SOLE RISK. THE LE REVE BEAUTÉ SERVICES AND THE PRODUCTS OFFERED THROUGH THE LE REVE BEAUTÉ SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LE REVE BEAUTE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND NON-INFRINGEMENT.
LE REVE BEAUTÉ MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT THE OPERATION OF THIS SITE OR ANY OF THE LE REVE BEAUTÉ SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR AS TO THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, OR ANY OF THE LE REVE BEAUTÉ SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE, UNLESS OTHERWISE SPECIFIED IN WRITING.
LE REVE BEAUTÉ SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE LE REVE BEAUTÉ SERVICES OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH LE REVE BEAUTÉ, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF LE REVE BEAUTÉ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LE REVE BEAUTÉ SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE LE REVE BEAUTÉ SERVICES ISSUED AGAINST YOU BY THIRD PARTY FINANCIAL INSTITUTIONS SUCH AS BANKS OR CREDIT CARD COMPANIES. LE REVE BEAUTÉ SHALL NOT BE LIABLE FOR ANY OVERDRAFT, LATE OR ANY OTHER CHARGES ISSUED AGAINST YOU BY A BANK OR CREDIT CARD.
CERTAIN STATE LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE LE REVE BEAUTÉ SERVICES, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE LE REVE BEAUTÉ SERVICES. IF A PRODUCT OFFERED THROUGH THE LE REVE BEAUTÉ SERVICES IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT IN ACCORDANCE WITH THE RETURN POLICY SET FORTH IN DETAIL IN THESE TERMS OF SERVICE.
Le Reve Beauté makes no warranties of any kind regarding any third party sites to which you may be directed or hyperlinked from the Le Reve Beauté Services. Hyperlinks are included solely for your convenience, and Le Reve Beauté makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such third party sites. Le Reve Beauté does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties through the Le Reve Beauté Services.
INDEMNITY AND RELEASE
You agree to indemnify and hold Le Reve Beauté and its parent, subsidiaries, affiliates, officers, agents and employees harmless from any and all liabilities, claims, demands, actions, suits, losses, obligations, judgments, proceedings, damages, expenses and costs (including reasonable attorneys' fees), based upon, arising from or related to (a) information or content submitted, transmitted or otherwise made available on or through the Le Reve Beauté Services by you or any other person accessing the Le Reve Beauté Services using your Account; (b) the use of, or connection to, the Le Reve Beauté Services by you or any other person accessing this Site using your Account (including negligent or wrongful conduct); or (c) your breach or attempted breach of these Terms of Service.
DISPUTES AND DISPUTE RESOLUTION GOVERNING LAW
Use of the Le Reve Beauté Services, membership in the Beauté Box Membership Program, any purchases made through the Le Reve Beauté Services, and any controversy, claim or dispute arising out of or relating in any way to your use of the Le Reve Beauté Services, your membership in or purchases through the Le Reve Beauté Services, Beauté Box Membership Program and/or your Account, or products purchased through the Le Reve Beauté Services shall be governed by the laws of your home state of residence without respect to its choice (or conflict) of laws rules.
Any claim or cause of action you may have with respect to Le Reve Beauté or the Le Reve Beauté Services must be commenced within one (1) year after the claim or cause of action arose.
CLASS ACTION WAIVER
Both you and Le Reve Beauté waive the right to bring any controversy, claim or dispute arising out of or relating in any way to your use of the Le Reve Beauté Services, your membership in or purchases through the Beauté Mox Membership Program and/or your Account, or products purchased through the Le Reve Beauté Services as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any such claim brought by anyone else. (This waiver, and the similar waiver specified for arbitration proceedings, are generally referred to herein as "the class action waiver.")
Jurisdiction and venue for any dispute shall be in Frisco, Texas. Each party submits to personal jurisdiction and venue in that forum for any and all purposes.
AGREEMENT TO PRE-ARBITRATION NOTIFICATION
These Terms of Service provide for final, binding arbitration of all disputed claims (discussed immediately below). Le Reve Beauté and you agree, however, that it would be advantageous to discuss and hopefully resolve any disputes before arbitration proceedings or any other proceedings authorized herein are initiated. In the event of a dispute, the claimant whether you or Le Reve Beauté shall send a letter to the other side briefly summarizing the claim and the request for relief. If Le Reve Beauté is the claimant, the letter shall be sent, via email, to the email account listed in your Account. If you are the claimant, the letter shall be sent to Luxe Beauty, LLC Attn: General Counsel, 2770 Main Street, #247 Frisco, Texas 75033. If the dispute is not resolved within 60 days after the letter is sent, the claimant may proceed to initiate arbitration proceedings or any other proceedings authorized herein.
AGREEMENT TO ARBITRATE CLAIMS
Except to the limited extent noted below, use of the Le Reve Beauté Services, membership in the Beauté Box Membership Program, any purchases made through the Le Reve Beauté Services, and any controversy, claim or dispute arising out of or relating in any way to your use of the Le Reve Beauté Services, your membership in or purchases through the Beauté Box Membership Program, or products purchased through the Le Reve Beauté Services shall be resolved by final and binding arbitration between you and Le Reve Beauté.
The arbitration shall take place in Frisco, Texas in accordance with the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures of the American Arbitration Association. Unless either party or the arbitrator requests a hearing, the parties will submit their arguments and evidence to the arbitrator in writing. The arbitrator will make an award based only on the documents. This is called a Desk Arbitration. If any party makes a written request for a hearing within ten days after the American Arbitration Association acknowledges receipt of a claimant's demand for arbitration (or the arbitrator requests a hearing), the parties shall participate in a telephone hearing. In no event shall the parties be required to travel to Frisco, Texas to participate in the arbitration.
If you decide to commence arbitration, the provider will require you to pay a filing fee (which currently is $125 for claims under $10,000). If your filing fee is more than $125, Le Reve Beauté will reimburse you for any excess fee promptly after it receives notice of your arbitration. If the arbitrator ultimately rules in your favor, Le Reve Beauté will also reimburse you for the $125 base filing fee.
If the arbitrator rules in your favor in any respect on the merits of your claim and issues you an award that is greater than the value of Le Reve Beauté’s last written settlement offer made before an arbitrator was selected (or greater than zero if no offer was made), then Le Reve Beauté will pay you the amount of the award or $350, whichever is greater (in addition to reimbursing you for the base filing fee).
This arbitration agreement is subject to the Federal Arbitration Act and is enforceable pursuant to its terms on a self-executing basis. Either party may seek enforcement of this provision in any court of competent jurisdiction.
The arbitrator shall determine any and all challenges to the arbitrability of a claim. The arbitral award shall be judicially enforceable. Any court of competent jurisdiction may, and upon request shall, enter judgment on the arbitral award. Either party may seek confirmation (judgment on the award) and/or enforcement in any court of competent jurisdiction.
Notwithstanding any provision in the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures to the contrary, and with the exception of Desk Arbitrations, the Federal Rules of Evidence shall govern the admissibility of evidence in any arbitral proceeding.
Both you and Le Reve Beauté waive the right to bring any claim covered by this dispute resolution provision as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any claim covered by this dispute resolution provision brought by anyone else.
Notwithstanding any provision in the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into one proceeding.
If a proposed class, consolidated, representative, collective, or private attorney general action arbitration is initiated notwithstanding the above prohibition and it is finally determined by the arbitrator (or a court of competent jurisdiction) that the waiver specified herein is not enforceable, then the arbitration proceedings shall be bifurcated as follows and notwithstanding any provision in the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures to the contrary: 1. The issue of arbitrability shall be determined by the Arbitrator pursuant to the applicable rules and substantive law. 2. Assuming the Arbitrator concludes that the arbitration may proceed, said arbitration shall be stayed, and the issue of whether to certify any alleged or putative class for a class action (or other representative) proceeding shall be presented to and decided by a court of competent jurisdiction. The arbitrator shall not have authority or jurisdiction to decide class certification (or any similar representative action) issues. The decision to certify or not certify a class action (or to otherwise permit the action to proceed on a representative basis) shall be appealable in the judicial proceedings consistent with the rules and law governing the appeals of interlocutory decisions or class certification (or similar) rulings specifically, if appropriate. 3. Once any issues regarding class certification (and/or similar representative requirements) have been finally decided by the court, the arbitrator will have authority to decide the substantive claims on an individual or a class (or other representative) basis, as may be determined and directed by the court.
The arbitrator(s) shall not have the power to commit errors of law or legal reasoning, make clearly erroneous factual findings, or abuse his or her discretion, and the award may be vacated or corrected on appeal to a court of competent jurisdiction for any such error.
OPTING-OUT OF DISPUTE RESOLUTION PROCEDURE AND CLASS ACTION WAIVER
You may elect to opt out (exclude yourself) from the final, binding arbitration procedure and the class action waiver specified in these Terms of Service by doing the following: within 15 days of setting up your Account, you must send a letter to Luxe Beauty, LLC Attn: General Counsel, 2770 Main Street, #247 Frisco, Texas 75033 that specifies (1) your name, (2) your account number or account member name, (3) your mailing address, and (4) your request to be excluded from the final, binding arbitration procedure and class action waiver specified in these Terms of Service. All other Terms shall continue to apply to your Account, including the requirement to participate in pre-dispute mediation. Notwithstanding any provision in these Terms of Service to the contrary, we agree that, if Le Reve Beauté makes any future change to the dispute resolution procedure and class action waiver provisions (other than a change to Le Reve Beauté’s address), you may reject any such change by sending a letter to Le Reve Beauté within 15 days of the change to the address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision. Your letter must be postmarked by the applicable 15-day deadline to be effective. You are not required to send the letter by confirmed mail or return receipt requested, but it is recommended that you do so. Your request to be excluded will only be effective and enforceable if you can prove that the request was postmarked within the applicable 15-day deadline.
NOTICE FOR CALIFORNIA USERS
Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice describing what categories of personal customer information Le Reve Beauté shares with third parties or corporate affiliates for those third parties or corporate affiliates' direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shared, along with their names and addresses. If you are a California resident and would like a copy of this notice, please submit a written request to the following address: Luxe Beauty, LLC Attn: General Counsel, 2770 Main Street, #247 Frisco, Texas 75033. In your request, please specify that you want a "Your Le Reve Beauté California Privacy Rights Notice". Please allow 30 days for a response.
These Terms of Service constitute the entire agreement between you and Le Reve Beauté and govern your use of the Le Reve Beauté, and they supersede any prior agreements between you and Le Reve Beauté. You also may be subject to additional terms and conditions that are applicable to certain parts of the Le Reve Beauté Services. Le Reve Beauté may terminate this Agreement and deny you access to the Le Reve Beauté Services at any time, immediately and without notice, if in Le Reve Beauté’s sole discretion you fail to comply with any provision of these Terms of Service.
You agree that no joint venture, partnership, employment, or agency relationship exists between Le Reve Beauté and you as a result of this Agreement or your use of the Le Reve Beauté Services.
The failure of Le Reve Beauté to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these Terms of Service shall not affect the enforceability of those portions of the Terms deemed enforceable by applicable courts of law.
You may not assign the Terms or any of your rights or obligations under the Terms without Le Reve Beauté’s express written consent. The Terms are to the benefit of Le Reve Beauté's successors, assigns and licensees. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.
Last Updated: September 7, 2020