Terms and Conditions
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BEAUTY PASS TERMS & CONDITIONS (New Zealand)
Last Updated: October 10, 2016
1. Membership & Eligibility
The Sephora Beauty Pass Program ("Program") is a rewards program offered by Sephora Digital SEA Pte. Ltd. ("Sephora") to customers resident in New Zealand. Membership to the Program ("Membership") is limited to individuals only and is limited to one account per individual. Employees, officers, directors, agents and representatives of Sephora and its affiliates are eligible for Membership but may be excluded from certain promotions. You must be age 18 years or older and a legal resident of New Zealand to be eligible for Membership. Eligible minors must obtain their parent's or legal guardian's consent prior to participation. By submitting an application for Membership in the Program, you agree (or, if you are a minor, your parent or legal guardian agrees) to be bound by these terms and conditions ("Terms"). A purchase is necessary to become a member. Affiliates of Sephora may also have similar customer programs; Membership in the Program does not confer any rights or benefits in the program of any other Sephora affiliate.
2. Earning and Redeeming Program Rewards
Under the Program, you earn one (1) Beauty Pass point (“point”) at the rate specified on the Program website when you purchase merchandise (excluding the purchase of e-gift cards, gift cards and shipping costs) in Sephora stores and online (Australia, Malaysia, Singapore, Thailand) and online (Indonesia, Hong Kong, New Zealand, Philippines). You must provide a form of identification at the point of purchase to have any points credited to your Beauty Pass Account. The form of identification may consist of your Sephora Beauty Pass e-mail address, phone number, membership number, or full name. Points may be redeemed for rewards ("Rewards") subject to these Terms and further details set out on http://www.sephora.nz/beauty_pass (the “Program Website”). Details of the Rewards available and how to redeem these Rewards are on the Program Website, including any limits or conditions on redeeming Rewards.
Subject to the termination provision of these Terms, points expire after 18 months of inactivity. Points may be redeemed for Rewards to be determined by Sephora in its sole discretion; provided, however, that in order to redeem your points for any Reward, you must (i) accumulate a minimum number of points as established by Sephora and (ii) make an additional purchase of merchandise from Sephora at the time that you redeem your points. Program members are able to redeem no more than one of each Reward per transaction. Program members cannot redeem more than 5 of any one unique Reward per year. Points have no cash value and can only be redeemed for Rewards. Sephora may, in its discretion, allow points to be redeemable for other items of merchandise from time to time. However, points are never redeemable for cash.
Rewards are available with point redemption while supplies last and substitutions by Sephora may occur. If your online order is not completed during the same visit, the Rewards will be removed from your shopping basket and may no longer be available. You are not required to redeem a Reward during checkout. Due to the limited nature of the Rewards, we regret that we are unable to reship Rewards if they arrive damaged, if you received the wrong one or if one is missing from your order. In the event a Reward arrives damaged, you received the wrong one, or one is missing from your order, please contact Sephora customer service for points to be credited back into the member’s account. Otherwise, Rewards may not be returned or exchanged. If a Reward becomes unavailable for reasons beyond Sephora's control, Sephora may substitute a Reward of equal or greater value. Rewards are shipped with merchandise purchases ONLY. The retail value of the Reward does not count toward Sephora’s free shipping threshold.
3. Sephora Black
Sephora Black status is conferred on those registered Beauty Pass members who spend a minimum of NZ$300 on merchandise (excludes the purchase of e-gift cards, gift cards, taxes and/or shipping) online within 365 days from their first purchase. Sephora Black status is good for 365 days from the date the Beauty Pass member qualifies; after that, annual requalification is required. Sephora may, in its sole discretion, alter, limit, or modify the Sephora Black program rules available on http://www.sephora.nz/beauty_pass or the Program Website], regulations, benefits, eligibility for membership, or any other feature of the Sephora Black program or may terminate the Sephora Black program at any time in its sole discretion, by giving reasonable notice on the website and/or by email. Please check the website regularly for updates.
4. Sephora Gold
Sephora Gold status is conferred on those registered Beauty Pass members who spend a minimum of NZ$1,500 on merchandise (excludes the purchase of e-gift cards, gift cards, taxes and/or shipping) online within 365 days from the time of qualification of the Sephora Black status. Sephora Gold status is good for 365 days from the date the Beauty Pass member qualifies; after that, annual requalification is required. Sephora may, in its sole discretion, alter, limit, or modify the Sephora Gold program rules available on http://www.sephora.nz/beauty_pass or the Program Website], regulations, benefits, eligibility for membership, or any other feature of the Sephora Gold program or may terminate the Sephora Gold program at any time in its sole discretion, by giving reasonable notice on the website and/or by email. Please check the website regularly for updates.
5. Sephora Gold Welcome Kit
New Sephora Gold members will receive a welcome kit. Welcome kit is redeemable online. Limited to one gift per person on qualification of the Sephora Gold status. Offer is non-transferable. Substitutions may occur. Offer is subject to change, alteration, or termination by Sephora in its sole discretion at any time, by giving reasonable notice on the website and/or by email. Please check the website regularly for updates.
6. Other Offers
Membership in the Program may entitle you to various offers ("Offers") in addition to Rewards. The details of these Offers are set out from time to time on the Program Website. Details and terms of any Offers as set out on the Program Website are valid for a calendar year unless otherwise specified on the Program Website.
8. Changes, Termination & Removal From Program
If for any reason this Program is not capable of running as planned (including in the event of fraud or attempted fraud), Sephora reserves the right in its absolute discretion to modify the terms of the Program including the Rewards and these Terms, or to suspend or terminate the Program. In the event of such modification, suspension or termination, Sephora will notify the members of the Program via email, as well as by communicating this on our website. Members will not receive any compensation from Sephora in the event of modification or suspension of the Program.
Any abuse of the Program, failure to follow any terms of the Program, Membership inactivity for more than 18 months, any misrepresentation or any conduct detrimental to the interests of Sephora, or fraud or attempted fraud, may subject members to Membership revocation and will affect eligibility for further participation in the Program.
Membership is non-transferable and Membership purchases must be made by the member. If your Membership is revoked or otherwise cancelled (whether by you or Sephora in accordance with these Terms), or if the Program is terminated, any points in your account will automatically expire. Sephora will notify you via email prior to making changes to these Terms.
It is your responsibility to check or review these Terms from time to time to keep informed of any changes. In the event that the Terms of the Program change, you may choose to cancel your Membership through your Membership profile or by sending an email to email@example.com.
9. Limitation of Liability
To the extent permitted by law, Sephora will not be liable for any damages of any kind arising out of or in connection with your participation or Membership in the Program, including damages arising out of changes to or termination of the Program or as a result of you redeeming and/or using a Reward. This applies to all damages of any kind, including but not limited to direct, indirect, incidental, punitive or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
To the extent permitted by law, the limitations on Sephora's liability set forth herein shall apply whether for breach or repudiation of contract, or whether in tort, civil liability by way of negligence, gross negligence, strict liability, or otherwise, even if advised of the possibility of such damage. By agreeing to these terms, you willingly agree (or, if you are a minor, your parent or legal guardian willingly agrees) that you have relinquished your right to seek these damages from Sephora and that this is a reasonable allocation of risk. Certain legislation, including the Consumer Guarantees Act 1993 ("CGA"), may impose consumer guarantees or imply warranties or conditions or impose obligations upon Sephora which cannot be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extent. These Terms must be read subject to these statutory provisions provided that where you are purchasing merchandise in trade (as defined in the CGA) and you are in trade, you agree that the provisions of the CGA do not apply.
10. Intellectual Property
Intellectual property rights (including, without limitation, copyright, trademarks, patents, design rights and all other forms of intellectual property rights existing in the world) of all Program content and all software used in connection with the Program is the property of and are owned by or licensed to Sephora or its affiliates. Nothing in these Terms constitutes a transfer of any intellectual property rights. Unless otherwise indicated on a particular part of the Program materials, permission is granted to electronically copy and to print in hard copy portions of the Program materials for the sole purpose of accessing the Program and the services provided therein for personal use. Any other use of Program materials - including reproduction, modification, distribution, republishing, transmission, display or performance - without the prior written permission of Sephora is strictly prohibited.
11. Applicable Law
The Program and these Terms are governed by the laws of New Zealand, without giving effect to any principles of conflicts of laws. You hereby consent (and, if you are a minor, your parent or legal guardian hereby consents) to the exclusive jurisdiction of courts located in New Zealand in all disputes arising out of or relating to these Terms or the Program.
12. Additional Information on the Program
If you have any questions regarding the Program, you may email firstname.lastname@example.org.
Payment and Refunds
Is it safe and secure to shop at Sephora?
Sephora prides itself in providing a safe and secure shopping experience. Your personal information is kept secure and private during the entire checkout process. In fact, we work with Citibank Payment solutions and do not share or sell your personal details to any third party.
What kind of payment method may I use at Sephora?
- Credit Card (Visa/Mastercard/AMEX)
Why does my Order Status show “payment pending”? Should I re-create a new order?
Most payments are processed immediately. Once the order has been confirmed you will receive a confirmation email with delivery details. If you do not receive a confirmation email within 24 hours, please contact us at http://www.sephora.sg/contact-us and do not re-create your order to prevent duplication
Effective as of 3 January 2017
1.3 Permission is granted to electronically copy and to print in hard copy portions of the Sites for the sole purpose of placing an order with Sephora, using the Interactive Services or using the Sites as a shopping resource. Any other use of materials on the Sites - including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance - without the prior written permission of Sephora is strictly prohibited.
- Product Information
2.1 The products displayed on the Sites can be ordered and delivered only within New Zealand. Please refer to the Delivery section of the Sites for more information regarding shipping. All prices displayed on the Sites are quoted in New Zealand Dollars and are valid and effective only in New Zealand. If any minor uses any goods or product from Sephora it should be only after the legal or parental guardian has discussed the product with the minor's doctor. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Sephora.
2.2 All material and information presented by Sephora is intended to be used for personal educational or informational purposes only. The statements made about products have not been evaluated by New Zealand’s Medicines and Medical Devices Safety Authority or any other regulator, and the results reported, if any, may not necessarily occur in all individuals. The statements and products are not intended to diagnose, treat, cure or prevent any condition or disease. If any minor uses any goods or product purchased through Sephora Mobile it should only be after the parent or legal guardian has discussed the product with the minor’s doctor.
2.3 All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions.
2.4 Use of the Sites is not meant to serve as a substitute for professional medical advice: these Sites are solely online stores for specialty beauty products. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Sites before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. Sephora does not give or intend to give any answers to medical related questions and these Sites do not replace any medical professional or medical resource. Sephora does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Sites. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL EMERGENCY SERVICES OR YOUR PHYSICIAN IMMEDIATELY.
2.6 Given the popularity of our products, and except where prohibited by law, Sephora may limit the number available for purchase, so that as many clients as possible may enjoy our merchandise.
2.7 Occasionally there may be information on the Sites that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. Sephora reserves the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Sites is inaccurate at any time without prior notice (including after you have submitted your order).
- Color Information
3.1 While Sephora has tried to accurately display the colors of products, the actual colors you see will depend on your device, ambient lighting and other factors beyond Sephora’s reasonable control, and may not accurately reflect the colour of the product.
- Responsibility for your Content
4.1 You are solely responsible for all content that you upload, post, email or otherwise transmit via or to the Sites, through our Interactive Services or otherwise, including the submission of product ratings and reviews and all other data, profile information, documents, text, software, applications, music, sound, photographs, graphics, video, messages, forum postings, comments, questions, answers or other materials (collectively, "Content"). We will not accept Content from you unless you are a registered user of the Sites.
- Your Use of Content on the Sites and Limitation of Liability
5.1 Sephora provides the Sites and the Interactive Services and all other applications and services on the Sites as a forum only. To the fullest extent permitted by law, Sephora is not and shall not be liable for any statements, representations, or Content provided by its users in any public forum on the Sites or any Third Party Site, including without limitation through the Interactive Services. Any Content, if displayed, is displayed for entertainment and informational purposes only. More generally, Content posted via or on the Sites or any Third Party Site, including through the Interactive Services, is not controlled by Sephora. Sephora cannot guarantee the accuracy, integrity or quality of such Content. You understand that by using the Interactive Services, you may be exposed to Content that may be offensive, indecent or objectionable and Sephora shall not be liable for any such Content and that the risk of harm or damage from the foregoing rests entirely with you. To the maximum extent permitted by law, Sephora will not be liable in any way for any Content, including, but not limited to, for (i) any errors or omissions in any Content; or (ii) any loss or damage (including, without limitation, personal injury or property damage) of any kind incurred as a result of any Content posted, emailed or otherwise transmitted via or to the Sites or through the Interactive Services.
5.3 You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use of any Content or enforce limitations on use of the Site or the Content therein. You may not interfere with or disrupt the Sites, or servers or networks connected to the Sites, or disobey any requirements, procedures, policies or regulations of networks connected to the Sites, including by using any device, software or routine to bypass robot exclusion headers. Sephora reserves all rights not expressly granted in and to the Content. When using the Interactive Services, you may not disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges.
- Your Content Submissions
6.3 Sephora does not endorse any Content or any opinion, recommendation or advice expressed therein, and Sephora disclaims all liability with respect to the Content.
6.4 If your Content includes ideas, suggestions, documents or proposals to Sephora through the Interactive Services: (a) such Content is not confidential or proprietary and Sephora has no obligation of confidentiality, express or implied, with respect thereto; (b) Sephora may have something similar to that Content already under consideration or development; and (c) you are not entitled to compensation, payment or reimbursement of any kind for such Content from Sephora under any circumstances unless you are otherwise notified by Sephora in writing.
- Your Account
7.1 You must be at least 18 years of age to become a registered user of our Site.
7.2 On registration at our Site, you will have a username and password for your account. You are responsible for ensuring your account, username and password remain confidential, current, complete and accurate. You are responsible for all activities that occur under your account, username and/or password.
- Guidelines for Interactive Services
8.2 You may not use our Interactive Services to impersonate any person or entity, including, without limitation, any Sephora official, forum leader, guide or host, or to falsely state or otherwise misrepresent your affiliation with a person or entity. You may not use the Interactive Services to collect or store personal data about other users.
- Third Party Content and Third Party Sites
9.1 Sephora may provide content of third parties ("Third Party Content") or links to Third Party Sites as a service to those interested in this information. Sephora does not monitor, approve or have any control over any Third Party Content or the Third Party Sites and the inclusion of links to Third Party Content or Third Party Sites does not imply any association or relationship between Sephora and such third party. Sephora does not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content or any Third Party Site. Sephora is not responsible for updating or reviewing Third Party Content or Third Party Sites. You use Third Party Content and Third Party Sites at your own risk. Third Party Content, including comments from third party users submitted to Sephora through the Interactive Services, do not necessarily reflect the views of Sephora.
- Mobile Services
10.1 Please be aware that when you access the Sites via Sephora Mobile or your mobile device, contact us through Sephora Mobile or submit content through Sephora Mobile, your carrier's normal rates and fees, such as text messaging fees or data charges, will still apply.
- Modification of Content
- Reservation of Rights
13.1 To the extent permitted by law, Sephora is providing the Sites, its Contents and the Interactive Services on an "as-is" basis and, makes no representations, conditions or warranties of any kind, express or implied, with respect to the operation of the Sites or Interactive Services, the information, content, materials or products, included on the Sites or as part of the Interactive Services..
13.2 To the extent permitted by law, Sephora will not be liable for any damages of any kind arising out of or in connection with the use of the Sites or the Interactive Services. This is a comprehensive limitation of liability that applies to all damages of any kind, including but not limited to direct, indirect, incidental, punitive or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
- Indemnification and Limitation of Liability
14.2 To the maximum extent permitted by law, and subject to applicable consumer protection provisions, Sephora is not liable for claims arising from your use of non-Sephora branded Products. This will not limit any claim you may have against the product manufacturer under consumer protection legislation.
14.3 Sephora will not be liable for any claim arising out of your incorrect or improper use of a Product, including use that does not comply with any Product instructions or that would be otherwise unexpected or unreasonable.
- Applicable Law
- Content Notification Procedure
16.1 If you believe your work or content has been copied and posted to the Sites in a way that constitutes copyright infringement, please provide Sephora's designated copyright agent the following written information: (a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) A description of the copyrighted work that your claim has been infringed upon; (c) A description of where the material that you claim is infringing is located on the Sites; (d) A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) Your name, address, telephone number and email address (if available); and (f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
16.2 Sephora can be contacted for notice of claims of copyright infringement by emailing or writing to the below: email@example.com
Sephora Australia Pty Ltd Suite 3, Level 7 133 Castlereagh Street Sydney, NSW 2000
- Fraud Protection Program
17.1 As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our Customer Service department may call you at the phone number you provided (or use your email address) to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.