Terms & Conditions
Anastasia Beverly Hills, LLC ("ABH") welcomes you to the Anastasia Beverly Hills web site (the "Site"). ABH, its affiliates, subsidiaries, or designees, provide their services to you subject to the following conditions. If you visit or shop at the Site, you accept these conditions. Please read them carefully. In addition, when you use any current or future Site service or visit or purchase from any business affiliated with the Site, whether or not included in the Site, you also will be subject to the guidelines and conditions applicable to such service or business.
When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
ABH maintains the Site for your personal enjoyment, information, education and shopping convenience.
You may only download material displayed on the Site for non-commercial, personal use provided you also; (a) retain all copyright, trademark and other proprietary notices contained in the material; (b) do not modify or alter the material; and (c) do not copy or post the material on any network computer or broadcast the material in any media.
It is strictly prohibited to modify, transmit, distribute, reuse, re-post, "frame" or use the content of the Site including the art, text, images, audio and/or video for public or commercial purposes without written permission from an authorized representative of ABH. It is strictly prohibited to download the images of the products for sale within this Site.
Tampering with the Site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the Site is prohibited.
The Site is provided on an "AS IS," "as available" basis. Neither ABH nor its affiliates, subsidiaries, or designees nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, "associates") warrant that use of the Site will be uninterrupted or error-free. Neither ABH nor its associates warrant the accuracy, integrity or completeness of the content provided on the Site or the products or services offered for sale on the Site. Further, ABH makes no representation that content provided on the Site is applicable or appropriate for use in locations outside of the United States. ABH specifically disclaims warranties of any kind, either expressed or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose. No oral advice or written information given by ABH, nor its associates, shall create a warranty. You expressly agree that use of the Site is at your sole risk.
Under no circumstances shall ABH or its associates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Site. That includes but is not limited to reliance by a user on any information obtained at the Site, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of terrorism, acts of God, communications failure, theft, destruction or unauthorized access to ABH records, programs or services. The foregoing Limitation of Liability shall apply whether in an action of contract, negligence or other tortuous action, even if an authorized representative of ABH has been advised of or should have knowledge of the possibility of such damages. User hereby acknowledges that this paragraph shall apply to all content, merchandise and services available through the Site. Because some states do not allow the exclusion or Limitation of Liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
Prices and availability are subject to change without notice. Errors will be corrected where discovered, and ABH reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted). ABH may, at its own discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by the same Site account, credit card, and also orders, which use the same billing and/or shipping address. Notification will be sent to the e-mail and/or billing address provided should such change occur.
Products that you purchase via the Site will be sold to you by Supplies Distributors SA, rue Louis Blériot 5, 4460 Grâce-Hollogne, Belgium (company number: BE 0466.681.054) (hereafter "SDSA") in its own name, as an associate of ABH.
Your purchases of any Products via the Site from SDSA will be governed by the Terms and Conditions of Sales attached hereto.
Content included on or comprising the Site, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively "Content") are protected by copyrights, trademarks, patent or other proprietary rights. These rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. and international copyright laws. ABH owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of such Content. Except as expressly authorized or licensed, you may not copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part.
One or more patents mat be pending that apply to this Site.
The ABH logos and other trademarks on the Site are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by ABH. They may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.
ABH does not want to receive confidential, proprietary or trade secret information through the Site (excluding information relating to any order you submit). Please note that any information, materials, suggestions, ideas or comments sent to the Site will be deemed non-confidential. By submitting any such information, you are granting ABH an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such materials, information, suggestions, ideas or comments for any purpose whatsoever. However, we will not use your name in connection with any such materials, information, suggestions, and ideas or comments unless we first obtain your permission or are otherwise required by law to do so.
Certain software from the Site may be further subject to United States Export Controls. No such software from this site may be downloaded or exported contrary to any such laws, which may include prohibitions against download or export: (1) into (or to a national or resident of) Afghanistan, Cuba, Iran, Iraq, Libya, North Korea, Syria or any other country to which the United States has embargoed goods; or (2) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using software, you agree to abide by the laws, rules and regulations including, but not limited to the Export Administration Act and the Arms Export Control Act applicable to such download or use and not to transfer, by electronic transmission or otherwise, any Content derived from ABH to either a foreign national or a foreign destination in violation of any such laws.
The web site address for the Site is http://www.anastasiabeverlyhills.com/en_gb
References to ABH herein refer to any affiliates, subsidiaries and designees as deemed appropriate by ABH.
The Site contains, or may contain links to other third-party sites. The links are meant to enable access to publicly available information to those who are allowed to the Site only. ABH makes no representations whatsoever about any other web sites which you may access through the Site. When you leave the Site, please understand that ABH has no control over the content on that web site. In addition, a link to a non-ABH web site does not imply and does not constitute sponsorship, endorsement, approval or responsibility for the content, or the use of such third-party web site. ABH makes no representation or warranty as to any third-party products or services. No rights to use or copy the information on this or the third-party site are granted or implied.
Furthermore, although the Site is not designed for use by children under the age of 13, ABH does not solicit personal information from children under the age of 13. ABH will not knowingly collect personally identifiable information from children under 13. In the event a parent or guardian believes that their child (under 13) has submitted or posted personally identifiable information and the parent or guardian wishes to have it deleted, please contact the Site's host.
ABH may, at its sole discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content, and may limit access to certain content to users above a specified age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.
Terms and Conditions of Sale (hereafter "Sales Terms")
1. About These Sales Terms
These Sales Terms are applicable to all orders and purchases made on the Site ("Products").
With regard to the purchases on the Site, SDSA will communicate electronically by sending emails or posting electronically. You agree that all agreements, notices, disclosures and other communications that are provided electronically satisfy any legal requirement that such communications be in writing.
These Sales Terms may change from time to time, stating its effective date on the Site. Any changes to the Sales Terms will apply to orders placed on or after the effective date.
BEFORE PLACING AN ORDER FOR PRODUCTS YOU SHOULD HAVE READ AND ACCEPTED THESE SALES TERMS.
2. Your personal account
In the event of creating this account (personal user identification or username) you are responsible for maintaining the confidentiality of your password and for restricting access to your password, and you agree to accept responsibility for all activities and for each purchase that occur under your account.
3. Placing an Order
To be able to buy Products you have to:
- have read and accepted these Sale Terms;
- provide your name and address, phone number, email address, payment details and other required information;
- provide a delivery address (Note that SDSA is unable to deliver to certain addresses, including but not limited to, P.O. Box addresses, overseas army addresses, hotels, hostels or prisons.); and
- be the owner or authorised holder of a valid debit/credit card to buy the Products if paying with a debit/credit card.
You may place an order by clicking on the "ADD TO BAG" button and proceeding to the checkout page.
You agree that your order(s) is/are an offer to buy the Product(s) listed in your order under these Sales Terms. Every order of a Product is considered as a separate purchase. All orders must then be accepted by SDSA who may choose not to accept abnormal orders and orders which they suspect are not placed in good faith.
You will be provided with an opportunity to review your order(s), read and accept the Terms of Sale, check the total price of your order(s) and the information you have provided and correct any input errors before confirming your order(s).
4. Order Processing and Contract Formation
Once you have submitted and confirmed your order(s) using the Site SDSA will send an email to the email address you provided acknowledging receipt (order confirmation email) of the order(s) and setting out details of the ordered Product(s). This email does not constitute an acceptance of your order(s) – only a confirmation that SDSA has received it.
After receiving your order(s), SDSA will check that the relevant Product(s) is (are) in stock. The contract between you and SDSA will only be concluded when SDSA emails you confirming (shipment confirmation email) that all or part the Product(s) is/are still available and has/have been dispatched.
SDSA will not file an accessible copy of this contract, so you are encouraged to download, save and/or print a copy of your order confirmation and these Sale Terms for your records.
You have the option to cancel your order at any stage by contacting SDSA [Customer Care Centre] before you have received your Shipping Confirmation email.
5. Prices, Shipping and Handling, Charges and Taxes
The price charged for a Product will be the price in effect at the time your order is placed and will be set out in the acknowledgement and in your order confirmation email.
Prices for the Products include VAT or other applicable taxes but do not include charges for shipping and handling.
Separate charges for shipping, handling and their related VAT or other taxes will be shown in your order confirmation email and can be viewed on a summary screen prior to finalizing your order. Shipping charges are based on the delivery location and method you select during the checkout process.
Payment shall be made by one of the methods you have selected during the checkout process (VISA, MasterCard, Maestro, Paypal)
Depending on the issuer of the card or financial institution you use payment will be realized in one or two steps.
For credit cards (Visa, Mastercard...), international debit cards Maestro and Paypal a reserve, called authorization, is taken at your checkout time.
Approved credit and debit card types are [listed] in the Sitefooter. In the event SDSA does not receive the authorization SDSA reserves the right to cancel your order.
The value of your purchase(s) will be settled from the applicable card once SDSA has sent you the Shipping Confirmation email.
SDSA endeavors to process all your orders for in stock items within 1 business day.
You should allow 3-5 business days for standard delivery once an order has been shipped. SDSA reserves the right to substitute another carrier of equal or lesser cost to deliver your order. If Express Delivery/shipping is required, please select that as your shipping choice.
Each delivery will be preceded by your Invoice sent by e-mail.
SDSA will provide to you information on the latest expected delivery date which will not exceed 30 days, unless you agree to a later date.
In case you unreasonably defer delivery or delay the receipt of delivery after SDSA has notified you that they have tried to deliver the ordered items to you, or if you have provided them with an incorrect delivery address which results in an unsuccessful delivery, the delivery package will be returned to SDSA.
SDSA shall not be held responsible for delay or failure to perform, if the delay or failure is caused by any circumstances beyond its reasonable control including but not limited to acts of war or terror, strikes, national or local states of emergency, failure of transportation facilities, power or utility outages, earthquakes, or other natural disasters.
8. Product Availability
SDSA does a best effort regarding the availability of any Product you order on the Site. This effort is on a "first in-first out" and "as long as the available stock permits" principle.
10. Title to Products
SDSA retains full legal title to Products until it has received all amounts due on the ordered Products in full. Title and risk to products passes from SDSA to you upon delivery.
11. Return and Refund
You may find information on how to process your return on this link: http://www.anastasiabeverlyhills.com/en_gb/returns.html
To return any item you have purchased you must notify SDSA Customer Care Centre either via email or ordinary mail to SDSA at rue Louis Blériot 5, 4460 Grâce-Hollogne, Belgium and request a return of the Products with a return form according to the return procedure.
If you do not return the Product, SDSA reserves the right to charge you the costs directly incurred in arranging for its collection. SDSA reserves the right to seek damages from you in relation to any Products that are returned in a used or damaged condition.
Once SDSA has received and validated your returned items, SDSA will confirm it to you by email. Refund will then be processed by SDSA and confirmed by email. Please allow up to thirty (30) days after receipt of your e-mail for SDSA to process your refund.
However, SDSA may also offer to you the following options as an alternative to your statutory right to a refund:
- i) you may specifically authorize SDSA to issue another Product replacing the original one; or
- ii) you may specifically authorize SDSA to issue a credit note.
These rights are optional, subject to your sole discretion and express consent.
If you send back only one or some Products but not all, SDSA may, in the event, reconsider your free freight conditions.
YOU CANNOT EXERCISE YOUR RIGHT OF WITHDRAWAL IN RESPECT OF CONTRACTS FOR THE SUPPLY OF GOODS MADE TO YOUR SPECIFICATIONS OR CLEARLY PERSONALIZED IN ACCORDANCE WITH APPLICABLE LAWS.
12. Warranties and Statutory Rights
12.1 You have a statutory guarantee.
- This means you can request replacements free of charge if the Products turn out to be faulty or not as advertised during this period.
- If the Product cannot be replaced within a reasonable time or without inconvenience, you may request a refund or price reduction.
- Please retain your order confirmation/invoice or pass it on to the gift recipient as the original proof of purchase is the warranty. If a receipt is not available a credit card or bank statement will suffice. This does not affect your statutory rights.
- The warranty offered on ABH products does not affect your legal rights and is provided in addition to those rights.
These Sales Terms set out the full extent of SDSA’s obligations and liabilities in respect of the Sale of the Products. To the extent permitted by applicable law, there are no other warranties, conditions or other terms that are binding on SDSA than the ones mentioned in these Sales Terms. In particular, SDSA will not be responsible for ensuring that the Products are suitable for your purposes.
NOTHING IN THESE SALE TERMS AFFECTS YOUR STATUTORY RIGHTS AS A CONSUMER.
NOTHING IN THESE SALE TERMS SHALL SERVE TO EXCLUDE OR RESTRICT THE LIABILITY OF SDSA FOR DEATH OR PERSONAL INJURY CAUSED BY SDSA’S NEGLIGENCE OR THAT OF ITS EMPLOYEES, FOR FRAUDULENT MISREPRESENTATION, OR FOR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR RESTRICTED BY LAW.
SDSA shall not be liable whether in contract, tort or otherwise for any economic losses (including without limitation loss of income, profits, contracts, business or anticipated savings), loss of data, loss of goodwill or reputation or for any special, indirect, consequential or punitive loss or damage of any kind howsoever arising OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.
TO THE FULL EXTENT PERMITTED BY LAW, SDSA’S LIABILITY SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID FOR THE PURCHASE OF PRODUCTS FROM THE SITE However, nothing in this Section shall affect your statutory rights and nothing in these Sales Terms seeks to exclude or limit liability for any of the following:
- a. willful misconduct or gross negligence; or
- b. liability based on mandatory law.
If any provision of these Sales Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Sales Terms and shall be enforced to the fullest extent permitted by applicable law not affecting the validity and enforceability of any remaining provisions.
15. Governing law and Jurisdiction
These Sale Terms and your purchase of products from SDSA through the Sites hall be governed by and construed in accordance with the laws of Belgium, without resort to its conflict of law provisions.
Except for any mandatory statutory rules in your country of residence, you irrevocably and unconditionally consent and submit to the jurisdiction of the Belgian courts over any suit, action or proceeding arising out of or in connection with these Sale Terms.