REVEL BEAUTY TERMS & CONDITIONS

Table of contents

• Revel Beauty Terms & Conditions (General)
• Revel Beauty "Autoship" Program Terms & Conditions
• Revel Beauty "Try Before You Buy" Program Terms & Conditions

1. GENERAL

The following terms and conditions (the “Terms”) apply to all orders and any other services (collectively the “Services”) requested or placed by the client (hereinafter referred to as “you” or “users”) with Revel Beauty (hereinafter referred to as “Revel Beauty”, "us" or “we”), at Revel Beauty’s website (https://revelbeauty.com), Revel Beauty mobile applications, via telephone and/or any other websites or applications that direct the user to these Terms (jointly, the “Site”). The terms “Revel Beauty” “we” and “us” refers to Eurofina S.A. and its subsidiaries and affiliated companies, including but not limited to, Revel Beauty, LLC and Overnel S.A.

Please note that by using the Site you agree to be bound by these Terms. Therefore, if you disagree with any part of the Terms then you should stop using the Site immediately. Please make sure you have read and understood the Terms before placing your order. These Terms apply to all visitors, users and others who access or use the Site. By using the Site, you also agree to be bound by our Privacy Policy, our Refund Policy and any additional terms and conditions and/or policies that may apply to specific sections of the Site or to products and services available through the Site or from Revel Beauty.

In order to be able to use the Site, you must be at least 18 years old or have the consent of your parents or guardians to use the Site. The Site is not intended for users who do not meet these requirements. Therefore, you hereby state that you are at least the minimum age required or that you have such parental or guardian consent and that you have read, understood, and agreed to comply with these Terms. If this is not the case, you may not use the Site.

We reserve the right to amend or update these Terms (as well as any other policy in the Site) at any time without prior notice, by uploading a new version on the Site. The version of the Terms that will apply to your order will be the one displayed on the Site at the time you complete your order. Therefore, your continued use of the Site, constitutes your agreement with and consent to abide by any posted amendments to the Terms. If you do not agree to, or cannot comply with the Terms as modified, you must stop using the Site immediately.

You agree that Revel Beauty may send (although not obliged to), electronic communications to you in order to advise you of any change to the Site, about any of Revel Beauty's products or services, or for any other purpose that Revel Beauty considers appropriate (please read the Privacy Policy section below).

You agree not to act in a manner or employ any device that may restrict other users from using the Site, or which may negatively affect the security of the Site. You should not use any device to copy content from the Site. Revel Beauty reserves the right to deny access to the Site to any user who breaches these provisions or any other provision in these Terms.

2. COMPLETING ORDERS AND EXECUTION OF A CONTRACT

By placing and completing an order, you are offering to purchase a product subject to these Terms. Please be aware that all orders are subject to availability and confirmation of payment. Revel Beauty reserves the right to refuse any order made by you.

When completing an order, you are stating the following: (i) that all the information you provide to us is true and accurate; (ii) that you are at least the minimum age required by these Terms or that you have the parental consent required; (iii) that you are an authorized user of the credit card, PayPal account or other payment method accepted by Revel Beauty used to place your order; and (iv) that there are sufficient funds to cover the cost of the products ordered.

When you complete an order, we will check if there are sufficient funds to complete the transaction and if successful, you will receive an e-mail confirming receipt of your order. A contract between you and us for the purchase of the products ordered will be created upon approval of your payment and we have debited the corresponding amount from your credit card, PayPal account or other payment method accepted by Revel Beauty. Please note that no product will be shipped until payment has been made in full. You will be able to review your order at any time through My Account.

Please check the details of the emails you may receive very carefully. In case you detect any errors or inconsistencies, reach out to us via our Contact Us page.

Once an order has been processed for shipment, we are unable to cancel or edit the order. Our team is committed to get your products out to you as soon as possible.

If you wish to cancel an order prior to shipping, or have any questions, please contact our Customer Care team by clicking HERE.

3. DELIVERY AND SHIPPING INFORMATION

Revel Beauty will make its corresponding efforts to deliver your order to the shipping address within the period indicated below (only if such address is within the limits of delivery of Revel Beauty).

Please be aware that we are unable to change the delivery address once the order has been placed. Please note that any changes you make after placing an order will not take effect immediately and will not apply to orders already completed.

Revel Beauty endeavors to ship orders within the following time period: Standard delivery: 4-8 business days; Priority delivery: up to 4 business days. However, delivery may take longer due to unexpected events or delays resulting from postal issues or force majeure events, or due to any other reasonable situations, foreseeable or not. Revel Beauty will not be liable in these cases. In the event that your delivery date is delayed for any reason within our control, we will do our best to keep you informed of the estimated delivery date, in such cases Revel Beauty shall not be liable for late delivery.

At this time, our international shipping services are exclusively available for Canada-bound orders. Regrettably, we do not facilitate shipments to other international destinations. Please note that orders within Canada may experience a delivery period of up to 4 weeks.

If your order does not arrive by the delivery date, please reach out to Revel Beauty’s Customer Care team through our Contact Us page.

4. PRODUCT DESCRIPTION, POTENTIAL ERRORS AND INACCURACIES

There may be information on the Site that contains errors, inaccuracies, or omissions that may relate to product descriptions or availability. In all cases, errors are absolutely unintentional and Revel Beauty will not be liable for them.

We make no representation regarding the completeness or accuracy of any information we post on the Site. In this regard, we reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice to you.

We reserve the right to refuse to fill any orders that you may place based on information on the Site that may contain errors or omissions, including, without limitation, errors or outdated information regarding prices, shipping and payment conditions, or return and exchange policies. In case we refuse to fill an order placed by you, if your card or your PayPal account or other accepted payment method has already been charged for the purchase and your order is cancelled, we will refund the applicable amount using the same method you used to make the payment.

The risk of loss and title for all products purchased by you and shipped by us will be transferred to you once we deliver the products ordered to the shipping address.

5. PRODUCT AVAILABILITY

Revel Beauty products displayed at the Site may be offered in limited quantities, this means that once an item is sold out, it is possible for it not being offered again by Revel Beauty and therefore it may not appear on the Site again. Revel Beauty undertakes no obligation to restock such sold-out items. When a product that appears on our Site is no longer in stock, we will make every attempt to remove that product from the Site in a timely manner. However, there may be some days of delay in the removal of a product that is not anymore available. Revel Beauty will not be liable in any way for such delays.

If you have ordered a product that is unavailable, we will inform you as soon as possible by email and, if applicable, we will give you an estimated date of when the product is expected to be back in stock. Alternatively, you will have the right to cancel your order and receive a refund from us in case your credit card or your PayPal account has already been charged.

6. RETURNS AND EXCHANGE POLICY

At Revel Beauty, we want you to be completely satisfied as we hold our products to the highest standards. This Return and Refund Policy outlines our procedures for returns, refunds, and subscription changes.

One Time Purchase (OTP) Orders:

For One Time Purchase orders (except Try Before You Buy program orders), we offer a 30-day satisfaction guarantee. This means you have 30 days from the date of shipment to evaluate your product. If it doesn't meet your expectations, simply initiate a return request via our Contact Us page.

Autoship subscription Orders:

For the first order created under the subscription (except Try Before You Buy program orders), you are eligible for a 30-day satisfaction guarantee. This means that from the date of order shipment, you have 30 days to assess the product and decide if you are satisfied with your purchase. If you are dissatisfied with the product, you can initiate a return request.

No Returns or Exchanges After 30 Days

After the initial 30-day guarantee period, no returns or exchanges will be accepted for autoship subscription and One Time Orders. We do not accept any returned products, except for products that arrive to you damaged as established below.

Defective Products

A product is considered defective if it arrives damaged. If you received defective products, reach us through our Contact Us page within 15 business days of delivery. Replacement will be arranged after evaluation.

Refunds

Refunds typically show up in your account within 5-10 business days. If it hasn't appeared after 10 days, reach out to your bank. If they can't find the refund, reach out to us via the Contact Us page immediately.

7. PRICING AND PAYMENT INFORMATION

7.1.- Currency.

Prices may be displayed in your selected currency for your convenience, but in all cases your card will be charged in US Dollars which is the default currency. Prices will be converted to US dollars at an exchange rate of the moment of the transaction. As reference, the source for determining the Exchange rate shall be taken from a serious and trustworthy reference source chosen by the hired payment service provider which may slightly differ from the official exchange rate valid in your country.

Note that depending on your card´s local currency, your bank or credit card company may assess additional fees, which may increase the overall cost of your purchase. Please contact your bank regarding these fees. Revel Beauty is not responsible for any such fees and disclaims all liability in this regard.

7.2. Cross-border fees

Extra fees may appear on your bank statement, or the amount charged may differ from what appeared on the Revel Beauty checkout page. Please contact your credit or bank card issuer regarding this situation. If your bank considers a Revel Beauty processing entity as international, you may be charged cross-border fees by your bank even if the charge was processed in the original currency of your payment method. If the fees were added by your card-issuing bank, Revel Beauty will not refund them.

7.3.- Shipping Fees

All prices listed on the Site exclude shipping fees which are added to the total cost of the order during the order process, but before you click on the “Complete order” button.

7.4. Payment Methods

We accept the following payment methods: (1) Paypal; (2) Amazon Pay; (3) Credit and debit cards (VISA, Mastercard, Diners Club, American Express, JCB and Discover Network). However, Revel Beauty reserves the right to amend or stop offering any of the payments methods currently used.

7.5. Import duties and taxes.

Please note that orders being shipped may be subject to import duties and taxes. You will be liable for all import duties and taxes due at the point of or after delivery. Revel Beauty does not have any control over these fees. Please contact your local customs office for further information.

7.6.- Billing information.

Regarding the billing information, you provide Revel Beauty and its third party payment processors express authorization to charge the amounts indicated in your order. Failure to provide accurate billing information or falsifying the billing information may result in termination of your order and termination of your right to use the Site. Revel Beauty reserves the right to update your information from available third party sources. The terms of your payment method may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen payment method. If Revel Beauty does not receive payment form your payment provider, you agree to pay all amounts due on your account upon demand. Otherwise, we reserve the right to delay delivery of the items selected until payment or to cancel your order.

You are responsible and liable for any costs, expenses and fees that Revel Beauty may incur in order to collect balances due. This provision does not limit any other remedies available to Revel Beauty. In case you need help regarding billing issues, please reach out to us via our Contact Us page.

8. PRIVACY POLICY

Our Privacy Policy describes how we may collect, use and disclose your personal information. It also describes related rights and choices you may have. By using the Site, you acknowledge that you have read and understand our Privacy Policy.

9. INTELLECTUAL PROPERTY

All intellectual property rights (including descriptions, pictures, photographs, designs, patterns, special settings, etc.), trademarks and copyrights at the Site are the exclusive property of Revel Beauty and its subsidiaries or licensors, or of the third party which has granted a license to Revel Beauty for its use in the website. Any use of the Site or its contents (other than for your own personal, non-commercial use) is strictly prohibited without the prior written authorization of Revel Beauty. More specifically, unless explicitly authorized in these Terms or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site.

Consequently, none of the content of the Site may be copied, reproduced or shared in any form or used by any means, without the prior written authorization of Revel Beauty or the corresponding licensor.

By posting or submitting any material (including, without limitation, comments, blog entries, Facebook postings, photos and videos) to us via the Site, internet groups, social media venues, or to any of our staff via email, text or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are eighteen years of age or older. In addition, when you submit, email, text or deliver or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.

You acknowledge and agree that any contributions originally created by you for us shall be deemed a “work made for hire” when the work performed is within the scope of the definition of a work made for hire in Section 101 of the United States Copyright Law, as amended. As such, the copyrights in those works shall belong to Revel Beauty from their creation. Thus, Revel Beauty shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as Revel Beauty determines. In the event that any of the results and proceeds of your submissions hereunder are not deemed a “work made for hire” under Section 101 of the Copyright Act, as amended, you hereby, without additional compensation, irrevocably assign, convey and transfer to Revel Beauty all proprietary rights, including without limitation, all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any posted material which are reproductions of prior works by you shall be co-owned by us.

You acknowledge that Revel Beauty has the right but not the obligation to use and display any postings or contributions of any kind and that Revel Beauty may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.

Limitations on Linking and Framing. You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property.

10. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

Disclaimer of Warranties

This Site and all Revel Beauty content, information, products and third party content made available to you through the Site, including the products sold at the website, are provided on an “as is” and on an “as available” basis. Therefore, to the extent permitted by law, Revel Beauty disclaims any and all warranties of any kind, whether express or implied, as to quality, accuracy, completeness or validity of the products or its descriptions, nor of the content of the Site, including: (a) any implied warranty of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement; and (b) any warranty arising out of course of dealing, usage, or trade. Revel Beauty does not warrant that the service or any portion of the service, or any materials or content offered through the service, will be uninterrupted, secure, or free of errors, viruses, or other harmful components, and Revel Beauty does not warrant that any of those issues will be corrected.

No advice or information, whether oral or written, obtained by you from Revel Beauty or any materials or content available through the Site will create any warranty regarding Revel Beauty, products, or the Site that is not expressly stated in these Terms. We are not responsible for any damage that may result from the Site, the products, or their packaging. You understand and agree that you use any portion of the services and products at your own discretion and risk, and that we are not responsible for any damage to you or your property (including your computer system or mobile device used in connection with the service) or any loss of data, including user content. The limitations, exclusions and disclaimers in these Terms apply to the fullest extent permitted by law. Revel Beauty does not disclaim any warranty or other right that Revel Beauty is prohibited from disclaiming under applicable law.

We do not warrant or make any representations regarding the use or the results of the use of the Site or materials on this Site or on Third-Party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise.

By using the Site, you are acknowledging that your use of the Site is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any device you use in connection with your use of our Site, and that Revel Beauty will not be liable for any damages of any kind related to your use of this Site.

You agree that, at any time, we may remove products or access to the Site for unlimited periods of time or cancel the Site at any time, without prior notice.

Throughout the Site, we may provide links and pointers to Internet sites, outside services and resources maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor our affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to by us on the Site. Revel Beauty hereby states that it has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services.

If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not Revel Beauty. Neither Revel Beauty nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, Revel Beauty neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites by anyone other than an authorized Revel Beauty representative while acting in his/her official capacity.

Online Commerce

Certain sections of the Site may allow you to purchase many different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the Site or on a site linked to by the Site, the information obtained during your visit to that merchant's online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant's website and click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Site.

Your participation, correspondence or business dealings with any third party found on or through our Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Revel Beauty shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party's personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party's personal information.

Limitation of Liabilities

To the full extent permissible by law, in no event Revel Beauty, its subsidiaries, parent company and/affiliates and/or its officers, directors, employees, shareholders or agents, will be liable for damages of any kind arising from the use of the Site, or from any information, content, materials, products or other services included on, or made available to you, through the Site (including our messaging, blogs, comments of others, books, emails, products or services, or third-party materials, products or services made available through the Site or by us in any way), including, but not limited to direct, indirect, incidental, punitive, and consequential damages (even if we are advised beforehand of the possibility of such damages), or any damages that result from errors, omissions, disruptions, deletion of files or emails, imperfections, viruses, delays of any time or any failure of performance, whether or not resulting from acts of god, communications failures, theft, destruction, or unauthorized access to Revel Beauty’s records, programs or services; and be liable to the users for any indirect, special, incidental, consequential, punitive or exemplary damages, including, without limitation, damages for loss of goodwill, lost profits, loss, theft or corruption of users’ personal information, or the inability to use the Site.

In case Revel Beauty breaches these Terms, we shall only be liable for losses or damages which are a reasonably foreseeable consequence of such breach, or of our failing to use reasonable care and skill; but we will not be responsible for any loss or damage that is not foreseeable. In no event, whether as a result of breach of contract, warranty, condition, tort, strict liability, statute or otherwise shall either party be liable to the other for any special, consequential, incidental, or indirect damages. In all cases Revel Beauty’s liability would be limited to the total price of your order as it is stated below.

You understand that you are personally responsible for your behavior while using the Site and agree to indemnify and hold harmless Revel Beauty, including its officers, directors, employees, agents and licensors from and against claims of any kind that these may incur in connection with a third party claim or otherwise, arising out of or related to your unauthorized use of the Site or its content, your violation of these Terms, applicable law or the rights of any third party. To the extent permitted under applicable laws, you hereby release Revel Beauty, including its officers, directors, employees, agents and licensors from any and all claims or liability related to your unauthorized use of the Site or its Content, or non-compliance of these Terms.

Revel Beauty will not be responsible for any material or manufacturing faults in products that we have supplied, or in the packaging of such products, including damage incurred in transit, but only for breaches in its capacity as seller of the products. Please note that Revel Beauty is not the manufacturer of the products, and any liability related to manufacturing, including damages that may be caused by the products, shall be the exclusive responsibility of the manufacturer. Revel Beauty shall also not be liable for any damages caused by the packaging of the products.

In all cases, without prejudice of the limitations included above, Revel Beauty’s responsibility for any loss or damage will be limited to the total price of your order. Additionally, you agree that any claim you may have arising out of or related to your relationship with Revel Beauty must be filed within one year as from the date such claim arose. Otherwise, your claim shall be permanently barred.

The products and content on this website have not been evaluated by the United States Food and Drug Administration and are not approved, nor intended in any way to diagnose, treat, cure, or prevent any diseases, or to affect any structure or function of the skin or body. Information contained on this website (including customer product reviews) is for informational and educational purposes only.

Our products are meant solely for your skincare and beauty needs and the information provided has been collected from other sources to inform you about the possible benefits of its ingredients. The products and information provided here (including customer reviews and/or customer ratings) are not medical products and are not medical advice, and we make no medical claims. They are also not a substitute for any prescribed medication by your physician.

WITH REGARDS TO CONTENT RELATING TO HEALTH & WELLNESS ON THE SITE, THIS SITE OFFERS HEALTH, WELLNESS, FITNESS AND NUTRITIONAL INFORMATION AND IS DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS SITE. THE USE OF ANY INFORMATION PROVIDED ON THIS SITE IS SOLELY AT YOUR OWN RISK.

IF YOU ARE PREGNANT, HAVE A MEDICAL CONDITION OR DISEASE, PLEASE CONTACT YOUR PHYSICIAN BEFORE USING ANY OF OUR PRODUCTS.

NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THESE TERMS, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.

Individual customer experiences with our products may vary with respect to effectiveness, timing for achievement of results, and potential adverse reactions. Such results may depend on, by way of example, skin type, sensitivity, age, skincare history and how the product is actually applied. Results similar to those expressed in customer reviews are not guaranteed.

Each product description on our website includes a complete list of ingredients. We are not responsible for any individual reaction to any particular ingredient. While our products do not contain common allergens like soy, gluten and peanuts, some of our products are not suitable for nut allergy sufferers as they contain nut oils and butters including, but not limited to, almond, argan kernel, coconut, and apricot kernel. In addition, some of our products contain other known allergens as citral, limonene, linalool and oats.

You should exercise caution when using our products for the first time (for example a patch test) or consult your physician. If you are allergic to any of the ingredients listed in any of our products, for your own safety we recommend that you do not purchase or use any such products. Seek medical advice if you suffer from skin allergies, are allergic to any listed ingredient or have medical concerns about using a product.

All of our products are for external use only and must be used in accordance with the directions for use. You should use our products in accordance with the period after opening.

By purchasing our items, you are fully aware of our disclaimers and use products at your own risk. We are not responsible for any individual reaction to any particular ingredient, or any adverse consequences and/or damages resulting directly or indirectly from the use of our products. We also assume no responsibility or liability for any direct, indirect, or consequential damages that may result from the use or reliance upon the information provided. Please contact your medical provider or a doctor immediately if you believe you have a medical emergency or problem.

Our company’s entire liability, and the purchaser’s exclusive remedy, shall be a refund of the price or replacement of our product, as indicated in our Refund Policy. All remedies are limited to the United States and we do not provide a return-shipping label. All products must be returned to us paid by the customer to receive a full refund.

You agree at all times to defend, indemnify and hold harmless Revel Beauty its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.

Interactive Features

This Site may include a variety of features, such as bulletin boards, web logs, chat rooms, and email services, which allow feedback to us and real-time interaction between users, and other features which allow users to communicate with others. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the Site, or sent via any email services on the Site, lies with each user - you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the Site. It is a condition of your use of the Site that you do not:

• Restrict or inhibit any other user from using and enjoying the Site.
• Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site.
• Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
• Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means.
• Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.
• Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
• Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
• Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component.
• Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
• Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
• Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.

Revel Beauty may host message boards, chats and other public forums on its Sites. Any user failing to comply with these Terms may be expelled from and refused continued access to, the message boards, chats or other public forums in the future. Revel Beauty or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by Revel Beauty staff, Revel Beauty's outside contributors, or by users not connected with Revel Beauty, some of whom may employ anonymous user names. Revel Beauty expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of Revel Beauty or any of its subsidiaries or affiliates.

Revel Beauty has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.

Registration

To access certain features of the Site, we may ask you to provide certain demographic information including your gender, year of birth, zip code and country. In addition, if you elect to sign-up for a particular feature of the Site, such as chat rooms, web logs, or bulletin boards, you may also be asked to register with us on the form provided and such registration may require you to provide personally identifiable information such as your name and email address. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.

Passwords

To use certain features of the Site, you will need a username and password, which you will receive through the Site's registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.

Termination

We may cancel or terminate your right to use the Site or any part of the Site at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms, shall survive.

Other

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by Revel Beauty infringe your copyright, you, or your agent may send to Revel Beauty a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Revel Beauty actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to Revel Beauty a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notice of claims of copyright infringement or counter notices can be sent to [email protected].

DISPUTE RESOLUTION

Governing Law

These Terms and any action related thereto will be governed and interpreted by and under the laws of the state of California, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

Any delay or failure by us to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. No waiver by us will have effect unless such waiver is set forth in writing, signed by us; nor will any such waiver of any breach or default constitute a waiver of any subsequent breach or default. These Terms constitute the complete and exclusive agreement between you and us with respect to the subject matter hereof, and supersede all prior oral or written understandings, communications or agreements.

Survival

Even after your rights under these Terms are terminated, all provisions of these Terms which by their nature should survive, will survive, including without limitation ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.

Notice: Violations

We may give notice to you by email, a posting on the Services, or other reasonable means. You must give notice to us in writing via email to [email protected] with the subject line “Legal Notice.”

Arbitration Agreement; Class Waiver; Waiver of Trial by Jury

Please read the following Section carefully. It is part of your contract with us and affects your rights. It contains procedures for mandatory binding arbitration and a class action waiver.

Application of Dispute Resolution Process

All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of the Services that cannot be resolved informally or in small claims court will be resolved by binding arbitration on an individual basis according to the process described herein. Unless otherwise agreed to, all arbitration proceedings will be held in English. This dispute resolution process, including binding arbitration, applies to you and us, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, assigns, suppliers and licensors as well as all authorized or unauthorized users or beneficiaries of the Services.

Notice Requirement and Informal Dispute Resolution.

Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to us should be sent to: 1209 Orange Street, Wilmington, Delaware 19801. After the Notice is received, the parties may attempt to resolve the claim or dispute informally. If the parties do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

Arbitration Rules

Arbitration will be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties will agree to select an alternative ADR Provider. The rules of the ADR Provider will govern all aspects of the arbitration, including without limitation the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with these Terms. The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within one hundred (100) miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S. the arbitrator will give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that we made to you prior to the initiation of arbitration, we will pay you the greater of the award or Two Thousand Five Hundred U.S. Dollars (US $2,500.00). Each party will bear its own costs (including attorneys’ fees) and disbursements arising out of the arbitration and will pay an equal share of the fees and costs of the ADR Provider.

Additional Rules for Non-Appearance Based Arbitration

If non-appearance based arbitration is elected, the arbitration will be conducted by telephone, online and/or based solely on written submissions; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.

Time Limits

If either party pursues arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.

Authority of Arbitrator

If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of the parties, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon the parties.

Waiver of Jury Trial

The parties hereby waive their constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes will be resolved by arbitration under this Dispute Resolution section. Arbitration procedures are typically subject only to very limited review by a court. In the event any litigation should arise between the parties in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, the parties waive all rights to a jury trial, instead electing that the dispute be resolved by a judge.

Waiver of Class or Consolidated Actions

All claims and disputes within the scope of this Dispute Resolution section must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.

Confidentiality

All aspects of the arbitration proceeding, including without limitation the award of the arbitrator and compliance therewith, will be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph will not prevent a party from submitting to a court of law any information necessary to enforce this Dispute Resolution section, to enforce an arbitration award, or to seek injunctive or equitable relief.

Severability

If any part or parts of this Dispute Resolution section are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts will be of no force and effect and will be severed and the remainder of this Dispute Resolution section will continue in full force and effect.

Right to Waive

Any or all of the rights and limitations set forth in this Dispute Resolution section may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this Dispute Resolution section.

Survival

This Dispute Resolution section will survive the termination of your relationship with us.

Emergency Equitable Relief

Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures will not be deemed a waiver of any other rights or obligations under this Dispute Resolution section.

Claims Not Subject to Arbitration

For any claim that by law is not subject to arbitration, we and you agree to submit and consent to the personal and exclusive jurisdiction in, and the exclusive venue of, the state or federal courts located in Orange County, California.

REVEL BEAUTY “AUTOSHIP” TERMS AND CONDITIONS

By signing up for our Revel Beauty Autoship (Subscribe and Save) program, you agree to be bound by these following terms and conditions (“Terms”), which govern all orders placed by and/or processed pursuant to the Autoship program. The terms “Revel Beauty” “we” and “us” refers to Eurofina S.A. and its subsidiaries and affiliated companies including but not limited to, Revel Beauty LLC, Overnel S.A., Favorite World, LLC. If you disagree with any part of the Terms then you should cancel your Autoship program subscription immediately. Please make sure you have read and understood the Terms before signing up.

In order to subscribe to our Autoship program, you must be at least 18 years old. Currently, Revel Beauty’s Autoship program is only available to customers in the United States. Participation in the Autoship program and the benefits of said program are offered at the sole discretion of Revel Beauty.

We reserve the right to amend or update these Terms at any time without prior notice, by uploading a new version on our website. The version of the Terms that will apply to your order will be the one displayed on the Site at the time you complete your order. Therefore, if you continue to use the website after we post amendments to the Terms, your use constitutes agreement with the amended terms. If you do not agree to, or cannot comply with the Terms as modified, you must cancel your membership immediately.

Please note that your use of the revelbeauty.com website and your subscription to the Autoship program are also governed by all other applicable terms, conditions, limitations, and requirements on the revelbeauty.com website including Revel Beauty’s Privacy Policy.

If you sign up for the Autoship program, you accept such terms, conditions, limitations and requirements. These Terms are limited to the Revel Beauty Autoship program and are not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

General Terms

These Terms and any action related thereto will be governed and interpreted by and under the laws of the State of California, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms. These Terms are personal to you, and you may not transfer, assign or delegate your right and/or duties under these Terms to anyone else and any attempted assignment or delegation is void. You acknowledge that we have the right hereunder to seek an injunction, if necessary, to stop or prevent a breach of your obligations hereunder. The paragraph headings in these Terms are included only to help make these Terms easier to read and have no binding effect. Any delay or failure by us to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. No waiver by us will have effect unless such waiver is set forth in writing, signed by us; nor will any such waiver of any breach or default constitute a waiver of any subsequent breach or default. These Terms constitute the complete and exclusive agreement between you and us with respect to the subject matter hereof, and supersede all prior oral or written understandings, communications or agreements. If for any reason a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, that provision of the Terms will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms will continue in full force and effect. We will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including without limitation acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials. The services may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from us, or any products utilizing such data, in violation of the United States export laws or regulations. We are located at the address set forth below.

Survival

Even after your rights under these Terms are terminated, all provisions of these Terms which by their nature should survive, will survive, including without limitation ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.

Notice: Violations

We may give notice to you by email, a posting on the Services, or other reasonable means. You must give notice to us in writing via email to [email protected] with the subject line “Legal Notice.”

Contact Information

Attn: “Revel Beauty”

1209 Orange St. - Wilmington DE 19801

[email protected]

+1 (814) 747-5787

July 2024

Subscription Overview

Our Autoship program allows you to sign up for continuous shipments of your selected product(s), choosing how often you would like your product(s) delivered to you. By subscribing to the Autoship program, you may also access discounts over selected products. Customers can enroll in the Autoship program by selecting the autoship option when it is displayed on our website (for example, immediately following the checkout process or on the Product Detail Page) and choosing a desired interval for recurring shipments.

You may change your periodic delivery schedule at any time (including on a one-time basis), as well as your shipping address, and products included in the program by reaching out to us via our dedicated support channels: our Contact Us page, email: [email protected]; and phone / SMS: +1 (814) 747-5787. 

The Autoship program is available to US customers who purchase qualifying products from Revel Beauty’s website. Not all products offered by Revel Beauty may be part of the Autoship Program.

We reserve the right to change Autoship program benefits at any time at our sole discretion, including discount amounts and eligibility used to determine discount amounts; provided, however, we will not change the price of your next shipment once you have authorized an order as set forth in these Terms. Some of the offer details may change as you receive deliveries over time (for example, price, taxes, availability, shipping charges). Subscriptions are good while supplies last.

Notifications; Automatic Order Creation; Order Changes or Cancellation

When you place your initial order for a product and enroll in our Autoship program, you will receive a notice that your Autoship subscription has been created and your first order will be processed.

Your first order will be processed immediately, and your selected payment method will be charged at the time the order is placed. Your Autoship subscription will thereafter automatically create a new order according to your chosen delivery schedule, until you cancel. You can cancel at any time via our dedicated support channels: Help Center, email: [email protected]; and phone / SMS: +1 (814) 747-5787. Our Customer Care team is available to provide assistance with your cancellation process. In case you need help please reach out to us via our Contact Us page.

For subsequent orders of products included in Autoship, up to 72 hours prior to the order creation date, you will receive an email notification reminding you of your upcoming shipment , the Autoship item(s) and price(s), the period available to make changes to your order and the estimated ship date. You can request to edit or cancel your order during the period beginning upon receipt of such email notification and ending 12:00 AM of the day preceding the creation of your new order. If you do not cancel the order within this time frame, we will charge your credit card the amount corresponding to your order.

Credit Card Authorizations and Charges

When you sign up for continuous shipments under our Autoship program, you will be required to expressly agree to permit us to charge your chosen payment method on a recurring basis, as well as the amount of the charge, which amount shall be set as described below. We will submit periodic charges to your chosen payment method without further authorization from you, until you provide prior notice at any time that you wish to cancel or to change your payment method.

Approximately within the 24 hours prior to your designated ship date, your order will be authorized and created, and we will charge the amount corresponding to your order to the credit card you chose as payment method.

Pricing; Payment; Renewal; Cancellation

The amount you are ultimately charged for a product delivered pursuant to our Autoship program will be the price of that item as stated in the pre-shipment email notification you receive. Once your order has shipped, your chosen credit card or other payment method will be billed this amount. You will not be charged until your order is created, approximately within the 24 hours prior to shipping. The total cost charged to your payment method for each Autoship order will be the price of the item, less the Autoship discount or any other discount, if applicable, plus any applicable shipping charges and sales tax. Any credit balances on your customer account(s) may be applied toward the balance of your order before charging any remaining balance to your payment method.

The charge for each Autoship item shipment will be billed to the payment method used to create your subscription or as otherwise directed by you. If we are unable to complete your Autoship order with the payment method you used to create your subscription, we may charge any other valid payment method associated with your customer account(s) or we may notify you and give you the opportunity to add another payment method in your account for your Autoship order.

Your subscription will remain in effect until it is cancelled. You can cancel at any time by reaching out to us via: Help Center, email: [email protected]; and phone / SMS: +1 (814) 747-5787. In case you need help please reach out to us via our Contact Us page.

Returns and Refunds

Revel Beauty’s standard return policy applies to all Autoship orders.

Account Registration and Use

Account Registration. By purchasing on our Site, you will be able to create a Revel Beauty user account. If you create an account, you must provide us with complete and accurate information. You must promptly update such information to keep it complete and accurate. You are entirely responsible for maintaining the confidentiality of your password and account. You are entirely responsible for any and all activities that occur under your account. You may not use anyone else’s account at any time.

Security of Your Account. You agree to notify Revel Beauty immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss, damages, liability, expenses or costs (including but not limited to legal fees) that you may incur as a result of someone else using your password or account, either with or without your knowledge. You will be liable for losses, damages, liability, expenses and costs (including but not limited to reasonable legal fees) incurred by Revel Beauty or a third party due to someone else using your account, unless such use is due to Revel Beauty’s willful misconduct.

No Obligation to Retain a Record of Your Account. Revel Beauty has no obligation to retain a record of your account or any data or information that you may have stored for your convenience by means of your account or the Services. Verification of your account: To protect you and Revel Beauty from fraud, we may contact you from time to time to verify your identity. You may be asked to provide basic information about yourself to verify your member account. We reserve the right to cancel any shipment in the event of incomplete or inconsistent information.

Disclaimers; Limitation of Liability

Limited Warranties. No other warranties are granted by Revel Beauty in connection with the services provided in connection with the Revel Beauty Autoship program (“Services”) and/or the products sold to you via said Autoship program (“Products”). Your sole and exclusive remedy and Revel Beauty’s sole and exclusive liability for a breach by Revel Beauty of its obligations with regard to the Services or Products shall be, at Revel Beauty’s sole option, Revel Beauty’s use of its commercially reasonable efforts to replace the non-conforming Product in a timely manner or a refund of the non-conforming Product’s price, as applicable (excluding delivery charges if applicable).

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTIES SET OUT IN THIS AGREEMENT, THE SERVICES AND PRODUCTS, INCLUDING ALL TRIAL PROGRAMS, ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR USE. SPECIFICALLY, BUT WITHOUT LIMITATION, REVEL BEAUTY DOES NOT WARRANT THAT: (I) THE REVEL BEAUTY AUTOSHIP PROGRAM AND/OR ANY OF THE SERVICES, INCLUDING ANY REVEL BEAUTY CONTENT, ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (III) DEFECTS WILL BE CORRECTED, (IV) THE SERVICES OR THE SERVER(S) THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) THE PRODUCTS WILL BE FIT FOR YOUR INTENDED PURPOSE OR OTHERWISE ACCORD WITH YOUR EXPECTATIONS. THIS DISCLAIMER DOES NOT APPLY TO NEW JERSEY RESIDENTS. FURTHER, CERTAIN STATE LAWS DO 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 MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Limitation of Liability -- UNDER NO CIRCUMSTANCES SHALL REVEL BEAUTY BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, MULTIPLE OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE REVEL BEAUTY AUTOSHIP PROGRAM, THE SERVICES AND/OR THE PRODUCTS, EVEN IF REVEL BEAUTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE AS SET FORTH HEREIN OR TO DISCONTINUE YOUR USE OF THE REVEL BEAUTY AUTOSHIP PROGRAM AND TERMINATE THESE TERMS. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, ANY THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF, ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. THE FOREGOING LIMITATION OF LIABILITY DOES NOT APPLY TO NEW JERSEY RESIDENTS. FURTHER, CERTAIN STATE LAWS DO 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 MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

DISPUTE RESOLUTION: ARBITRATION AGREEMENT; CLASS WAIVER; WAIVER OF TRIAL BY JURY.

Please read this Section carefully. It is part of your contract with us and affects your rights. It contains procedures for mandatory binding arbitration and a class action waiver.

Application of Dispute Resolution Process. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of the Services that cannot be resolved informally or in small claims court will be resolved by binding arbitration on an individual basis according to the process described herein. Unless otherwise agreed to, all arbitration proceedings will be held in English. This dispute resolution process, including binding arbitration, applies to you and us, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, assigns, suppliers and licensors as well as all authorized or unauthorized users or beneficiaries of the Services.

Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to us should be sent to: 1209 Orange ST - Wilmington DE 19801. After the Notice is received, the parties may attempt to resolve the claim or dispute informally. If the parties do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

Arbitration Rules. Arbitration will be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties will agree to select an alternative ADR Provider. The rules of the ADR Provider will govern all aspects of the arbitration, including without limitation the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with these Terms of Use. The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within one hundred (100) miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S. the arbitrator will give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that we made to you prior to the initiation of arbitration, we will pay you the greater of the award or Two Thousand Five Hundred U.S. Dollars (US $2,500.00). Each party will bear its own costs (including attorneys’ fees) and disbursements arising out of the arbitration and will pay an equal share of the fees and costs of the ADR Provider.

Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration will be conducted by telephone, online and/or based solely on written submissions; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.

Time Limits. If either party pursues arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.

Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of the parties, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon the parties.

Waiver of Jury Trial. The parties hereby waive their constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes will be resolved by arbitration under this Dispute Resolution section. Arbitration procedures are typically subject only to very limited review by a court. In the event any litigation should arise between the parties in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, the parties waive all rights to a jury trial, instead electing that the dispute be resolved by a judge.

Waiver of Class or Consolidated Actions. All claims and disputes within the scope of this Dispute Resolution section must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.

Confidentiality. All aspects of the arbitration proceeding, including without limitation the award of the arbitrator and compliance therewith, will be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph will not prevent a party from submitting to a court of law any information necessary to enforce this Dispute Resolution section, to enforce an arbitration award, or to seek injunctive or equitable relief.

Severability. If any part or parts of this Dispute Resolution section are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts will be of no force and effect and will be severed and the remainder of this Dispute Resolution section will continue in full force and effect.

Right to Waive. Any or all of the rights and limitations set forth in this Dispute Resolution section may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this Dispute Resolution section.

Survival. This Dispute Resolution section will survive the termination of your relationship with us.

Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures will not be deemed a waiver of any other rights or obligations under this Dispute Resolution section.

Claims Not Subject to Arbitration. For any claim that by law is not subject to arbitration, we and you agree to submit and consent to the personal and exclusive jurisdiction in, and the exclusive venue of, the state or federal courts located in Orange County, California.

Miscellaneous

Suspension and termination of membership: Revel Beauty reserves the right to terminate or suspend your Autoship subscription at Revel Beauty’s sole discretion, without notice to you, including for any conduct we believe violates our policies, is harmful to others, or is harmful to our interests. Any fraudulent activity or attempt to manipulate or abuse the Autoship program will result in the subscription being terminated without notice. Revel Beauty’s right to terminate a membership from the Autoship program is in addition to any other legal or equitable remedies that may be available to Revel Beauty’s under applicable law. Our failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of our rights. Revel Beauty also reserves the right to terminate the Autoship program at any time.

Notices and notifications: By signing up to Revel Beauty’s Autoship program you affirmatively consent to receive any notice, notifications and other relevant information regarding your membership to the email address provided when you signed up.

Customer Support:

Our dedicated customer support team is available for any inquiries or sizing assistance you might need. Reach out through our channels for prompt assistance:

Live Chat: https://help.revelbeauty.com/hc/en-us/requests/new

Email: [email protected] Phone / SMS: +1 (814) 747-5787

REVEL BEAUTY “TRY BEFORE YOU BUY” PROGRAM TERMS AND CONDITIONS

By signing up for our Revel Beauty Try Before You Buy Program, you agree to be bound by these following terms and conditions (“Terms”), which govern all orders placed by and/or processed pursuant to the Try Before You Buy program. The terms “Revel Beauty” “we” and “us” refers to Eurofina S.A. and its subsidiaries and affiliated companies including but not limited to, Revel Beauty LLC, Overnel S.A., Favorite World, LLC. If you disagree with any part of the Terms then you should cancel your Try Before You Buy program subscription immediately. Please make sure you have read and understood the Terms before signing up.

In order to subscribe to our Try Before You Buy program, you must be at least 18 years old. Currently, Revel Beauty’s Try Before You Buy program is only available to customers in the United States. Participation in the Try Before You Buy program and the benefits of said program are offered at the sole discretion of Revel Beauty.

We reserve the right to amend or update these Terms at any time without prior notice, by uploading a new version on our website. The version of the Terms that will apply to your order will be the one displayed on the Site at the time you complete your order. Therefore, if you continue to use the website after we post amendments to the Terms, your use constitutes agreement with the amended terms. If you do not agree to, or cannot comply with the Terms as modified, you must cancel your membership immediately.

Please note that your use of the revelbeauty.com website and your subscription to the Try Before You Buy program are also governed by all other applicable terms, conditions, limitations, and requirements on the revelbeauty.com website, which you accept, including Revel Beauty’s Privacy Policy and, given that through Try Before You Buy program you enroll in our Revel Beauty Autoship program, the Revel Beauty Autoship Program Terms and Conditions available above shall also apply.

These Terms are not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

General Terms

These Terms and any action related thereto will be governed and interpreted by and under the laws of the State of California, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms. These Terms are personal to you, and you may not transfer, assign or delegate your right and/or duties under these Terms to anyone else and any attempted assignment or delegation is void. You acknowledge that we have the right hereunder to seek an injunction, if necessary, to stop or prevent a breach of your obligations hereunder. The paragraph headings in these Terms are included only to help make these Terms easier to read and have no binding effect. Any delay or failure by us to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. No waiver by us will have effect unless such waiver is set forth in writing, signed by us; nor will any such waiver of any breach or default constitute a waiver of any subsequent breach or default. These Terms constitute the complete and exclusive agreement between you and us with respect to the subject matter hereof, and supersede all prior oral or written understandings, communications or agreements. If for any reason a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, that provision of the Terms will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms will continue in full force and effect. We will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including without limitation acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials. The services may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from us, or any products utilizing such data, in violation of the United States export laws or regulations. We are located at the address set forth below.

Survival

Even after your rights under these Terms are terminated, all provisions of these Terms which by their nature should survive, will survive, including without limitation ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.

Notice: Violations

We may give notice to you by email, a posting on the Services, or other reasonable means. You must give notice to us in writing via email to [email protected] with the subject line “Legal Notice.”

Contact Information

Attn: “Revel Beauty”

1209 Orange St. - Wilmington DE 19801

[email protected]

+1 (814) 747-5787

July 2024

Program Overview

Our Try Before You Buy program allows you to: 

(1) enroll in our Autoship program (terms available under the Autoship program Terms and Conditions, available above) for selected products: and 

(2) receive your selected items, try them out for the first order for 21 days, and pay the price for said items after the 21-day trial period is over.

If you don’t want to keep the items, you can simply cancel your subscription within the 21-day trial period through your "My account" page (simply find your order under "Purchase History" and click the "Start a Return" button), or reach out to us via our Contact Us page, and phone / SMS: +1 (814) 747-5787 and our team will assist you with processing your cancellation promptly. A Customer Care agent will contact you afterwards to coordinate the return of the items.

You will not be charged for the price of the items if you cancel within the 21-day trial period. You will, however, always be charged for shipping and applicable shipping taxes for your first order, even if you decide to cancel your subscription and return the products.

By signing up to Try Before You Buy, you enroll in our Autoship program, and will continue to receive the selected items every month (or the frequency you choose) after your trial period is over. If you decide to cancel, you will not receive further shipments of the selected products unless you opt-in again.

Enrollment and Product Eligibility

Customers can enroll in the Try Before You Buy program by selecting the corresponding option when it is displayed on our website (for example, immediately following the checkout process or on the Product Detail Page) and choosing a desired interval for recurring shipments. You may only try one product at a time under Try Before You Buy. Not all products offered by Revel Beauty may be part of the Try Before You Buy Program.

You may change your periodic delivery schedule at any time, as well as your shipping address, and products included in the program by reaching out to us via our dedicated support channels: via our Contact Us page, email: [email protected]; and phone / SMS: +1 (814) 747-5787. 

We reserve the right to change the Try Before You Buy program benefits at any time at our sole discretion, including discount amounts and eligibility used to determine discount amounts (if any); provided, however, we will not change the price of your next shipment once you have authorized an order as set forth in these Terms. Some of the offer details may change as you receive deliveries over time (for example, price, taxes, availability, shipping charges). Subscriptions are good while supplies last.

Notifications; Automatic Order Creation; Order Changes or Cancellation

When you place your initial order for a product and enroll in our Try Before You Buy program, you will receive a notice that your subscription has been created and your first order will be processed.

Your first order will be processed immediately, and you accept that we will charge your selected payment method at the time the order is placed the amounts corresponding to shipment charges and applicable taxes. You will not receive a refund for shipment charges or applicable taxes even if you return the products within the trial period.

After your 21-day trial is over:

1. we will charge you the amounts corresponding to the price of your selected product; and 
2. your Autoship subscription will thereafter automatically create a new order according to your chosen delivery schedule, until you cancel. 

For subsequent orders of products included in Autoship, up to 72 hours prior to the order creation date, you will receive an email notification reminding you of your upcoming shipment , the Autoship item(s) and price(s), the period available to make changes to your order and the estimated ship date. 

You can request to edit or cancel your order during the period beginning upon receipt of such email notification and ending 12:00 AM of the day preceding the creation of your new order. If you do not cancel the order within this time frame, we will charge your credit card the amount corresponding to your order.

Cancellation of your Subscription

If you don’t want to keep the items under your Try Before You Buy subscription, you can cancel your subscription within the 21-day trial period through your "My account" page (simply find your order under "Purchase History" and click the "Start a Return" button), or reach out to us via our Contact Us page, and phone / SMS: +1 (814) 747-5787, and our team will assist you with processing your cancellation promptly. A Customer Care agent will contact you afterwards to coordinate the return of the items. You will not be charged for the price of the items if you cancel within the 21-day trial period.

You can, however, cancel your subscription at any time thereafter through the same dedicated support channels described above.

Credit Card Authorizations and Charges

PLEASE READ THE FOLLOWING SECTION CAREFULLY AS IT INCLUDES YOUR AUTHORIZATION FOR US TO CHARGE YOUR CREDIT CARD THE AMOUNTS DESCRIBED BELOW.

When you sign up for Try Before You Buy, you accept that we charge your credit card the following:

1. Upon signing up and placing your first order, which will be processed immediately, YOU ACCEPT THAT WE CHARGE YOUR SELECTED PAYMENT METHOD THE AMOUNTS CORRESPONDING TO SHIPMENT CHARGES AND APPLICABLE TAXES.
2. Immediately upon finalization of the 21-day trial period, if you have not cancelled, YOU ACCEPT THAT WE CHARGE YOUR SELECTED PAYMENT METHOD THE AMOUNTS CORRESPONDING TO THE PRICE OF YOUR SELECTED ITEMS.
3. Upon finalization of the 21-day trial period, if you have not cancelled, your Autoship subscription shall automatically renewed. YOU AGREE THAT WE CHARGE YOUR CHOSEN PAYMENT METHOD ON A RECURRING BASIS, AT THE INTERVALS YOU HAVE SELECTED, THE PRICE OF THE SELECTED PRODUCTS, ALONG WITH SHIPPING AND TAXES. WE WILL SUBMIT PERIODIC CHARGES TO YOUR CHOSEN PAYMENT METHOD WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE AT ANY TIME THAT YOU WISH TO CANCEL OR TO CHANGE YOUR PAYMENT METHOD. Approximately within the 24 hours prior to your designated ship date, your order will be authorized and created, and we will charge the amount corresponding to your order to the credit card you chose as payment method.

Pricing; Payment; Renewal; Cancellation

The amount you are ultimately charged for a product delivered pursuant to our Try Before You Buy and Autoship programs will be the price of that item as stated in the checkout (for your first order) and/or in pre-shipment email notification you receive (for subsequent orders). Once your order has shipped, your chosen credit card or other payment method will be billed this amount. You will not be charged until your order is created, approximately within the 24 hours prior to shipping. The total cost charged to your payment method for each order will be the price of the item, less any discount, if applicable, plus any applicable shipping charges and sales tax. Any credit balances on your customer account(s) may be applied toward the balance of your order before charging any remaining balance to your payment method.

The charge for each Try Before You buy and/or Autoship item shipment will be billed to the payment method used to create your subscription or as otherwise directed by you. If we are unable to complete your Try Before You buy and/or Autoship order with the payment method you used to create your subscription, we may charge any other valid payment method associated with your customer account(s) or we may notify you and give you the opportunity to add another payment method in your account for your Try Before You Buy / Autoship order.

Your subscription will remain in effect until it is cancelled.

Returns and Refunds

Revel Beauty’s general returns policy (including 30-day Money Back Guarantee) does not apply to Try Before You Buy Customers. 

As stated previously, if you would like to return the product, you will need to cancel your Try Before You Buy subscription within 21 days to avoid being charged the price of the product.

After the 21-day trial period, no returns will be accepted. 

We will, however, make an exception for products that arrive to you damaged. If you received damaged products, reach us through our Contact Us page within 15 business days of delivery. Replacement will be arranged after evaluation.

Refunds typically show up in your account within 5-10 business days. If it hasn't appeared after 10 days, reach out to your bank. If they can't find the refund, reach out to us via the Contact Us page immediately.

Account Registration and Use

Account Registration. By purchasing on our Site, you will be able to create a Revel Beauty user account. If you create an account, you must provide us with complete and accurate information. You must promptly update such information to keep it complete and accurate. You are entirely responsible for maintaining the confidentiality of your password and account. You are entirely responsible for any and all activities that occur under your account. You may not use anyone else’s account at any time.

Security of Your Account. You agree to notify Revel Beauty immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss, damages, liability, expenses or costs (including but not limited to legal fees) that you may incur as a result of someone else using your password or account, either with or without your knowledge. You will be liable for losses, damages, liability, expenses and costs (including but not limited to reasonable legal fees) incurred by Revel Beauty or a third party due to someone else using your account, unless such use is due to Revel Beauty’s willful misconduct.

No Obligation to Retain a Record of Your Account. Revel Beauty has no obligation to retain a record of your account or any data or information that you may have stored for your convenience by means of your account or the Services. Verification of your account: To protect you and Revel Beauty from fraud, we may contact you from time to time to verify your identity. You may be asked to provide basic information about yourself to verify your member account. We reserve the right to cancel any shipment in the event of incomplete or inconsistent information.

Disclaimers; Limitation of Liability

Limited Warranties. No other warranties are granted by Revel Beauty in connection with the services provided in connection with the Revel Beauty Try Before You Buy program (“Services”) and/or the products sold to you via said Try Before You Buy program (“Products”). Your sole and exclusive remedy and Revel Beauty’s sole and exclusive liability for a breach by Revel Beauty of its obligations with regard to the Services or Products shall be, at Revel Beauty’s sole option, Revel Beauty’s use of its commercially reasonable efforts to replace the non-conforming Product in a timely manner or a refund of the non-conforming Product’s price, as applicable (excluding delivery charges if applicable).

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTIES SET OUT IN THIS AGREEMENT, THE SERVICES AND PRODUCTS, INCLUDING ALL TRIAL PROGRAMS, ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR USE. SPECIFICALLY, BUT WITHOUT LIMITATION, REVEL BEAUTY DOES NOT WARRANT THAT: (I) THE REVEL BEAUTY TRY BEFORE YOU BUY PROGRAM AND/OR ANY OF THE SERVICES, INCLUDING ANY REVEL BEAUTY CONTENT, ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (III) DEFECTS WILL BE CORRECTED, (IV) THE SERVICES OR THE SERVER(S) THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) THE PRODUCTS WILL BE FIT FOR YOUR INTENDED PURPOSE OR OTHERWISE ACCORD WITH YOUR EXPECTATIONS. THIS DISCLAIMER DOES NOT APPLY TO NEW JERSEY RESIDENTS. FURTHER, CERTAIN STATE LAWS DO 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 MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Limitation of Liability -- UNDER NO CIRCUMSTANCES SHALL REVEL BEAUTY BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, MULTIPLE OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE REVEL BEAUTY TRY BEFORE YOU BUY PROGRAM, THE SERVICES AND/OR THE PRODUCTS, EVEN IF REVEL BEAUTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE AS SET FORTH HEREIN OR TO DISCONTINUE YOUR USE OF THE REVEL BEAUTY TRY BEFORE YOU BUY PROGRAM AND TERMINATE THESE TERMS. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, ANY THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF, ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. THE FOREGOING LIMITATION OF LIABILITY DOES NOT APPLY TO NEW JERSEY RESIDENTS. FURTHER, CERTAIN STATE LAWS DO 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 MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

DISPUTE RESOLUTION: ARBITRATION AGREEMENT; CLASS WAIVER; WAIVER OF TRIAL BY JURY.

Please read this Section carefully. It is part of your contract with us and affects your rights. It contains procedures for mandatory binding arbitration and a class action waiver.

Application of Dispute Resolution Process. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of the Services that cannot be resolved informally or in small claims court will be resolved by binding arbitration on an individual basis according to the process described herein. Unless otherwise agreed to, all arbitration proceedings will be held in English. This dispute resolution process, including binding arbitration, applies to you and us, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, assigns, suppliers and licensors as well as all authorized or unauthorized users or beneficiaries of the Services.

Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to us should be sent to: 1209 Orange ST - Wilmington DE 19801. After the Notice is received, the parties may attempt to resolve the claim or dispute informally. If the parties do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

Arbitration Rules. Arbitration will be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties will agree to select an alternative ADR Provider. The rules of the ADR Provider will govern all aspects of the arbitration, including without limitation the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with these Terms of Use. The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within one hundred (100) miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S. the arbitrator will give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that we made to you prior to the initiation of arbitration, we will pay you the greater of the award or Two Thousand Five Hundred U.S. Dollars (US $2,500.00). Each party will bear its own costs (including attorneys’ fees) and disbursements arising out of the arbitration and will pay an equal share of the fees and costs of the ADR Provider.

Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration will be conducted by telephone, online and/or based solely on written submissions; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.

Time Limits. If either party pursues arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.

Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of the parties, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon the parties.

Waiver of Jury Trial. The parties hereby waive their constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes will be resolved by arbitration under this Dispute Resolution section. Arbitration procedures are typically subject only to very limited review by a court. In the event any litigation should arise between the parties in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, the parties waive all rights to a jury trial, instead electing that the dispute be resolved by a judge.

Waiver of Class or Consolidated Actions. All claims and disputes within the scope of this Dispute Resolution section must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.

Confidentiality. All aspects of the arbitration proceeding, including without limitation the award of the arbitrator and compliance therewith, will be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph will not prevent a party from submitting to a court of law any information necessary to enforce this Dispute Resolution section, to enforce an arbitration award, or to seek injunctive or equitable relief.

Severability. If any part or parts of this Dispute Resolution section are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts will be of no force and effect and will be severed and the remainder of this Dispute Resolution section will continue in full force and effect.

Right to Waive. Any or all of the rights and limitations set forth in this Dispute Resolution section may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this Dispute Resolution section.

Survival. This Dispute Resolution section will survive the termination of your relationship with us.

Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures will not be deemed a waiver of any other rights or obligations under this Dispute Resolution section.

Claims Not Subject to Arbitration. For any claim that by law is not subject to arbitration, we and you agree to submit and consent to the personal and exclusive jurisdiction in, and the exclusive venue of, the state or federal courts located in Orange County, California.

Miscellaneous

Suspension and termination of membership: Revel Beauty reserves the right to terminate or suspend your Try Before You Buy subscription at Revel Beauty’s sole discretion, without notice to you, including for any conduct we believe violates our policies, is harmful to others, or is harmful to our interests. Any fraudulent activity or attempt to manipulate or abuse the Try Before You Buy program will result in the subscription being terminated without notice. Revel Beauty’s right to terminate a membership from the Try Before You Buy program is in addition to any other legal or equitable remedies that may be available to Revel Beauty’s under applicable law. Our failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of our rights. Revel Beauty also reserves the right to terminate the Try Before You Buy program at any time.

Notices and notifications: By signing up to Revel Beauty’s Try Before You Buy program you affirmatively consent to receive any notice, notifications and other relevant information regarding your membership to the email address provided when you signed up.

Customer Support:

Our dedicated customer support team is available for any inquiries or sizing assistance you might need. Reach out through our channels for prompt assistance:

Live Chat: https://help.revelbeauty.com/hc/en-us/requests/new

Email: [email protected] Phone / SMS: +1 (814) 747-5787

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITION

Revel Beauty (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “SMS/MMS Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our SMS/MMS Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the SMS/MMS Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

We respect your privacy. We will only use information you provide through the SMS/MMS Program to transmit your mobile messages and respond to you, if necessary. This includes, but is not limited to, sharing information with platform providers, phone companies, and other vendors who assist us in the delivery of mobile messages. WE DO NOT SELL, RENT, LOAN, TRADE, LEASE, OR OTHERWISE TRANSFER FOR PROFIT ANY PHONE NUMBERS OR CUSTOMER INFORMATION COLLECTED THROUGH THE SMS/MMS PROGRAM TO ANY THIRD PARTY. Nonetheless, We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect Our rights or property. When you complete forms online or otherwise provide Us information in connection with the Program, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If, in Our sole discretion, We believe that any such information is untrue, inaccurate, or incomplete, or you have opted into the SMS/MMS Program for an ulterior purpose, We may refuse you access to the SMS/MMS Program and pursue any appropriate legal remedies.

California Civil Code Section 1798.83 permits Users of the SMS/MMS Program that are California residents to request certain information regarding our disclosure of the information you provide through the SMS/MMS Program to third parties for their direct marketing purposes. To make such a request, please contact us at the following address:

Revel Beauty

[email protected]

This Privacy Policy is strictly limited to the SMS/MMS Program and has no effect on any other privacy policy(ies) that may govern the relationship between you and Us in other contexts.

User Opt In: The SMS/MMS Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.

User Opt Out: If you do not wish to continue participating in the SMS/MMS Program or no longer agree to this Agreement, you agree to reply STOP to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND COUNTRY LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

SMS/MMS Program Description: Without limiting the scope of the Program, users that opt into the SMS/MMS Program can expect to receive messages concerning the marketing and sale of ATHLETIC CLOTHING, SHAPEWEAR, LOUNGEWEAR, INTIMATE APPAREL, NUTRITIONAL, HEALTH ORIENTED OR GENERALLY INFORMATIVE CONTENT, COSMETICS AND/OR DIETARY SUPPLEMENTS.

Cost and Frequency: Message and data rates may apply. The SMS/MMS Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at [email protected]. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

MMS Disclosure: The SMS/MMS Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty: The SMS/MMS Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.

Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

• Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
• Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on he basis of race, sex, religion, nationality, disability, sexual orientation, or age;
• Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
• Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
• Any content that implicates and/or references personal health information that is protected by the Health Insurance Potability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
• Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Voxie Ventures LLC (dba Voxie), Attentive Mobile, Inc., or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the SMS/MMS Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be resolved by binding arbitration. Arbitration will be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties will agree to select an alternative ADR Provider. The rules of the ADR Provider will govern all aspects of the arbitration, including without limitation the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with these Terms of Use. The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single, neutral arbitrator.

All claims and disputes within the scope of this Dispute Resolution section must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.

The parties hereby waive their constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes will be resolved by arbitration under this Dispute Resolution section. Arbitration procedures are typically subject only to very limited review by a court. In the event any litigation should arise between the parties in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, the parties waive all rights to a jury trial, instead electing that the dispute be resolved by a judge.

All aspects of the arbitration proceeding, including without limitation the award of the arbitrator and compliance therewith, will be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph will not prevent a party from submitting to a court of law any information necessary to enforce this Dispute Resolution section, to enforce an arbitration award, or to seek injunctive or equitable relief.

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the SMS/MMS Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the SMS/MMS Program after any such changes, you accept this Agreement, as modified.

Customer Support:

Our dedicated customer support team is available for any inquiries or sizing assistance you might need. Reach out through our channels for prompt assistance:

https://help.revelbeauty.com/hc/en-us/requests/new

Email: [email protected]

Phone / SMS: +1 (814) 747-5787