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SUNDAY RILEY SUBSCRIPTION BOX: TERMS AND CONDITIONS
Terms and Conditions of Use
Thank you for visiting www.sundayriley.com and/or www.subscribetosunday.com (hereinafter referred to as the “Site”). The following Terms and Conditions have been prepared to help you have a smoother, easier, safer time navigating this Site. The content on this Site is available to you, subject to the following terms and conditions, our Privacy Policy, and other terms and conditions and policies in connection with certain contests, promotions, or offers found on this Site, as well as customer service, all regarded as included in these terms and conditions, (collectively, “Terms and Conditions”). Your use of our Site indicates that you understand and agree to comply with and be bound by these Terms and Conditions, which contain a waiver of class-action rights and liability limitations. You also agree that you have read, understand, and agree to be bound by the privacy policy, which describes how we collect, use and disclose your data and which is incorporated into these terms, and you consent to such collection, use and disclosure,regardless of whether or not you register with or purchase from the Site. If you do not agree to be so bound, you may not access or use the site or any services.
Sunday Riley Modern Skincare, LLC and/or its affiliates, subsidiaries, or parent entities are herein after referred to as “Sunday Riley”, “the Company”, “we”, “our”, or “us”). Sunday Riley is the owner of www.subscribetosunday.com and www.sundayriley.com sites (hereinafter referred to as the “Site”). Sunday Riley reserves the right to revise these Terms at any time by updating this posting. You are encouraged to review these Terms each time you use the Site because your use of the Site after the posting of changes will constitute your acceptance of the changes. Regardless of how you access this Site, including but not limited to: computer, mobile device, tablet, these Terms govern your use of the Site.
No modification of these Terms by any party other than Sunday Riley shall be valid or enforceable against Sunday Riley unless expressly agreed to by Sunday Riley in writing, signed by an authorized Sunday Riley representative.
Welcome to our Subscription box
Who can buy this box? We would love to sell the boxes to everyone. Unfortunately, at this time, we are currently limited to shipping to US and Canadian residents. If you are a US or Canadian resident, you may purchase a single subscription box or annual subscription box service.
What is in the box? We encourage you to check the Site for the contents of the current edition of each box. Each curated box contains full-size products, deluxe or travel size products, samples, and/or promotional items. The contents can and will vary with each edition of the box. We may try to customize your box according to your preferences or wishes which you provide to our Site, our team, or through any other feedback mechanism. Unfortunately, although we will try to accommodate all wishes, we cannot make any promises or guarantees that you will receive your preference.
How many boxes are there per year: Currently, we sell four boxes per year, shipped (approximately) quarterly. We may have limited edition boxes available throughout the year, which are not included in the Annual or Monthly subscription rates.
Subscription types and terms of sale
Types of purchases: You can purchase a single box or an annual subscription.
Availability: Due to high demand and limited numbers of boxes produced, quantities may be limited and stock cannot always be guaranteed. In the event that we sell out or any other unforeseen event, we cannot guarantee that you will receive a box, even if you have paid and the order has been processed. In the event that we do not have the inventory to fulfill your order, you will be notified and your payment will be refunded.
Pricing: All prices are in USD. We reserve the right to change the pricing and available products at any time. Any boxes already paid for will not be affected by a price increase.
Returns and exchanges: All sales are final. Sunday Riley will not refund any order, make any exchanges, and all orders are non-cancellable. If you would like to exchange or refund a third party product available in our subscription box, please contact the third party directly to discuss their return and exchange policy. The policy for each company may and will differ, and some may not accept returns or will only offer an exchange or charge a restocking fee.
Shipping and Substitutions: We are not liable if shipment is delayed or if we must make substitutions for products in the box (ie, product color, type of product), etc. We reserve the right to provide similar products to fulfill your order.
While all orders are non-refundable and non-cancellable, we may allow cancellation of purchase due to special circumstances, in our sole and absolute discretion. We have the right to limit purchase quantities or to refuse any purchases or subscriptions.
Defective or Damaged Products, Incomplete Orders: We endeavor to always deliver your products in a timely manner, and in perfect condition. If for any unforeseen reason, something arrives damaged or incomplete, please take photos and contact us within 2 days of receipt (as shown on the freight company’s shipping and tracking information). Damaged or defective items, or any item which you wish to exchange, may be replaced, exchanged, or refunded by the third party company who distributes, manufactures, or sells the item, at their own discretion and in accordance with their policies.
Revisions: We always strive to give you exactly what you want. In some rare instances, we may need to make some changes. We reserve the sole right to revise the products or services available in the subscription box or on the Site, without notice, and without liability to either you or any third party company for doing so.
Taxes: Prices do not include sales tax, VAT, or any other taxes. You are responsible to pay all applicable taxes associated with your purchase.
Payments: When purchasing a single box or an annual subscription, you will be asked to supply your payment details, including but not limited to: Amazon Pay information, Apple Pay information, credit card numbers, security codes, billing address, and shipping address information. By completing your transaction, you are confirming that you have the legal authority to use that payment method. By making a transaction on the Site, you authorize us and any associated payment processor to charge you for all purchases you have made. We charge your credit card when the order is processed. The bank issuing your credit card has the authority to hold onto funds for a period of time in the event of a cancellation or a refund. If you feel your card has been fraudulently used, please refer to the “FRAUD PROTECTION” section below. If, for any reason, there is a product in our subscription box that is illegal in your state or territory, it is your responsibility to know this and obey these laws. We are not responsible or liable for shipping these items if they are illegal in your region. If you complete a payment, you are agreeing that you are entering into a binding contract with Sunday Riley, and agree to all charges that may be incurred on your behalf. This includes, without limitation, any applicable taxes or duties. We may cancel a payment or prevent future payments for any reason, including but not limited to:
we find that your payments have unlawful, suspicious, or improper activity
your payments on the Site breach any local regulations or payment rules
Accuracy of Information
We attempt to be as accurate as possible when listing and describing the products on the Site and in the subscription box. However, it is possible that the Site may contain inaccuracies, omissions, typographical errors, out-of-date information, or any other sort of error. To the extent permitted by applicable law, we do not represent or warrant that the product descriptions, colors, information, education, or other content available on the Site are accurate, complete, reliable, current, or error-free. We are not liable for any inaccuracy or error, or for loss or damage resulting from or caused by the use of information obtained on or through this Site
We reserve the right to correct any errors, inaccuracies, or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. We sincerely apologize for any inconvenience.
Age of Use
This Site and subscription box service was not designed or directed to children under the age of 18. You must be 18 years old, or the age of majority in your jurisdiction, in order to make a purchase on our Site. If you are under 18 and would like to make a purchase, please ask a parent or guardian to assist you.
If you are under the age of 13, you may not provide personal information, become a registered user, post comments, sign-up for promotions or emails, or place an order for purchase.
Personal Use
The Site and subscription box service are intended for personal (non-commercial) purchase only. You may not purchase in bulk and resell these products. We reserve the right, without notice, to cancel your order or reduce the quantity of products ordered if we believe, in our sole discretion, that the products are being purchased for the purpose of resale.
Fraud Protection
We reserve the right to screen orders for suspicious activity, including but not limited to unauthorized activity. In order to protect you, we have the right to suspend and/or ban any user, account, or order that appears fraudulent until further investigation. We also reserve the right to refuse to ship an order due to suspected illegal activity.
Disclaimers
The statements made about products on the Site are for informational purposes and have not been evaluated by the U.S. Food and Drug Administration. The statements and products are not intended to diagnose, treat, cure or prevent any condition or disease.
All of the products in the subscription box should be used in accordance with the product’s instructions, precautions, and guidelines and should only be used with reasonable, good judgement. If there are any questions about the use of any third party item found in the subscription box, please contact the third party company directly.
Any information on this Site or included in the subscription box, including but not limited to, product descriptions and instructions, is for informational purposes only. This Site is not a substitute for professional or medical advice. If you have any questions, please seek professional advice.
Limited License
We grant you a limited, revocable, non-transferable, and non-exclusive license to access and make personal use of the Site. You understand and agree that you will not do or attempt to do or cause any third party to do or attempt to do any of the following in connection with your use of the Site:
Use meta tags or hidden text, or engage in web crawling, web spidering, data scraping, web scraping, data mining, or any other tool, whether manual or automated, to catalog, download, scrape, index, collect, mine, transmit, license, sell, redistribute, or republish the Site, its content (except as absolutely necessary to view the Site), or the personal information of the Site’s users and account holders, without prior written permission or authorization. frame or utilize framing techniques to enclose the Site or any portion thereof;
Use means such as distributed denial of service attacks, flooding, crashing, email bombing, mass mailing, zip bombing, list linking, overloading, or any other actions to interfere with or disrupt the Site, disrupt anyone’s use of the Site, or cause Denial of Service scenarios;
Make any use of the Site or any Content other than for personal use;
Circumvent the Site’s security or user authentification measures using authentification bypass attacks, brute force attacks, or any other measures;
Attempt, in any way, to break the limited license rules;
Misrepresent yourself and your affiliation with the Company, or any person or third party entity;
Modify, reverse engineer, or create any derivative works based upon the Site or any Content;
Entrap, endanger, stalk, phish, or otherwise harass (including advocating harassment of others) any third party, including minors in any way;
Intentionally violate any applicable local, state, national or international law;
Transmit, upload, post, e-mail, share, distribute, reproduce, or otherwise make available any software viruses, malware, program, code, file, or other material intended to interrupt, disrupt, alter, destroy, or limit any part of the Site;
And/or engage or make any unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of "spam."
We reserve the sole right, at our own discretion, to ban you from the Site for any reason. If you have been prohibited from the website of any of our third party partners, you are not permitted to access the Site.
We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by us to resume linking. Any unauthorized use by you of the Site or any and/or all of our Content automatically terminates the limited licenses set forth in this without prejudice to any other remedy provided by applicable law or these Terms and Conditions.
Indemnification
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your use of the Site or breach of these Terms and Conditions. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
Copyright + Intellectual Property Rights
This Web site is expressly owned and operated by Sunday Riley. This Site and its contents are intended solely for your personal, noncommercial, and private use. Should you download, email, forward, copy, or in any other way transmit or take any content or code, no right, title, or interest in said materials will be transferred to you. Except for private, noncommercial use, you may not publish, display, sell, distribute, modify, erase, delete, create derivative works from, sell from, or transmit any Site content or code.
All design, branding, and content featured on the Site (including, but not limited to - whether registered or not: graphics, photographs, video and audio clips, images, navigational buttons, logos, text, trademarks, code, and the “Sunday Riley” name) are either intellectual properties of, or licensed by, Sunday Riley. The Site and its contents are protected by copyright and intellectual property rights. All worldwide rights, titles, and interests are reserved.
DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE POLICY
Consistent with the Digital Millennium Copyright Act, if you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send an e-mail or written notice to our designated agent.
Please provide the following information:
a physical or electronic signature of a person authorized to act on behalf of the owner of the infringed copyright;
identification of the copyrighted work or works claimed to have been infringed;
identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed;
your phone number, address, and email address
a statement that the complaining party has a good faith belief that use of the material is not authorized by the copyright owner; and
a statement that information in the complaint is accurate and that the complaining party is authorized to act on behalf of the copyright owner.
We respond expeditiously to notices of claimed copyright infringement and terminate users who are "repeat infringers.” If we become aware that one of our users is a repeat copyright infringer, it is our policy to take reasonable steps within our power to terminate that user.
Our designated agent for copyright claims is:
Sunday Riley Copyright Claims
4444 Westheimer Rd, Ste G305
Houston, TX 77027
copywriteclaims@sundayriley.com
THIS IS THE CONTACT INFORMATION FOR COPYRIGHT CLAIMS ONLY. All other communication should go to hello@sundayriley.com.
Consent to Receive Notices Electronically and Via Email
You consent to receive any agreements, notices, disclosures and other communications (collectively, "Notices") to which these Terms and Conditions refer from us electronically including without limitation by e-mail or by posting notices on this Site. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by emailing us at hello@sundayriley.com and discontinue your use of this Site. Unfortunately, we cannot provide the benefits of this Site to any user that cannot consent to receipt of Notices electronically.
Please note that this consent to receive Notices is entirely separate from any election you may make with respect to receipt of marketing communications.
Contests and Offers
We may offer or run contests, discounts, or other offers either through this Site or in conjunction with a third party. These contests or offers may be subject to alternate terms of use, rules, and or/policies in addition to or in lieu of these Terms and Conditions. If so, we will notify you of this and if you choose to take advantage of these offerings, you agree that your use of those offerings will be subject to such additional or separate terms of use, rules, and/or policies.
Third Party Links
The Site may provide links to third party websites. Third party links listed on our Site are for convenience only and do not represent or warrant our views, opinions, or an endorsement of the third party site, its content, or its services. We are not responsible for content or services.
Links to third party websites may also be posted by third parties, without or without our knowledge, on our social media pages and Site. The inclusions of any links to third party sites from any Sunday Riley account or site does not imply Sunday Riley’s relationship, endorsement, association with the third party site.
We are in no way responsible for examining, evaluating, monitoring, or reviewing third party sites or social media accounts. Your use of links to any third party site is entirely at your own risk. You should carefully review the terms and conditions and privacy policies of all third party sites that you visit.
No Warranties, Disclaimers, Limitation of Liabilities
This Site and its contents are provided on an “as is” and “as available” basis.
We make no representations or warranties of any kind whatsoever, express or implied, in connection with these terms and conditions or the site, including but not limited to warranties, non-infringement, or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.
We cannot guarantee or warrant that the content, function, and operation of this Site or its server are free of viruses, worms, defects, and/or other harmful programs. As a visitor to this Site, you assume full responsibility for any and all costs related to the servicing, repair, or replacement of any of your hardware and/or software that is damaged by, or resulting from, the use of the Site.
You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort (including negligence) or otherwise), under any circumstances, for (a) any interruption of business; (b) access delays or access interruptions to the site; (c) data non-delivery, misdelivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the site; (e) computer viruses, system failures or malfunctions which may occur in connection with your use of the site, including during hyperlink to or from third party websites (f) any inaccuracies or omissions in content or (g) events beyond our reasonable control.
Further, to the fullest extent permitted by law, we will not be liable for any indirect, special, punitive, incidental, or consequential damages of any kind (including lost profits) related to the site or your use thereof regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability exceed one hundred dollars ($100.00).
You agree that no claims or action arising out of, or related to, the use of the site or these terms and conditions may be brought by you more than one (1) year after the cause of action relating to such claim or action arose.
Sunday Riley shall under no circumstances be held liable for any actual, direct, indirect, special, punitive, incidental, exemplary or consequential damage, or any other damage, whatever its nature, (even if Sunday Riley was previously informed of the possibility of such damage) whether under contract, tort or otherwise arising out of or in connection with the use, inability to use, or the performance of this Site and its content. As some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damage, some or all of the limitations mentioned above may not apply to you.
Sunday Riley shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation if the same is wholly or partly caused by circumstances beyond its reasonable control.
Legal Disputes
If there is an issue, we would like to resolve it peacefully and amicably. Please contact our customer service team at: hello@sundayriley.com. Please include information about your complaint, and any relevant supporting evidence (photos, etc). We will do our best to address your issues as quickly as possible.
If this does not resolve your conflict, and if you are a US or Canadian resident, you agree to first resolve your dispute related to these Terms and Conditions, our Privacy Policy, or any other policies or services we offer, through mediation in Harris County, Texas. If the mediation is not successful, you agree to arbitration in Harris County, Texas before a neutral arbitrator. You and Sunday Riley each agree to give up the right to trial before a judge and jury.
CLASS ACTION LAWSUITS: YOU AND SUNDAY RILEY AGREE THAT YOU MAY ONLY EACH BRING CLAIMS AGAINST THE OTHER IN YOUR AND ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
FURTHERMORE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S CLAIM WITH YOUR CLAIMS, AND MAY NOT OTHERWISE PRESEIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD DECLARATORY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM. ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
User Content and Submissions
We warmly welcome your suggestions, submissions, ideas, photos, testimonials, videos, and any other content. We highly respect and greatly appreciate all content and hope to utilize them to create a more effective, informative, and useful Site, product collection, and brand communication campaign. When uploading comments or content, including but not limited to feedback, images, text, video, ideas, or other works/materials (“User Content”), on the Site, you are responsible for the content.
By making a submission of User Content to the Site, you agree that it is done freely and by your own will, and that we are under no obligation to preserve the confidential nature of your User Content or to provide compensation of any kind for your User Content under any circumstances. Any submission of User Content by you is a declaration of the full release of all proprietary claims and/or intellectual rights regarding your User Content and you hereby grant to us a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, and otherwise exploit such User Content throughout the world, in all media now known or hereafter developed, for any purpose whatsoever, including without limitation, developing, manufacturing, distributing and marketing products. You represent and warrant that you own or otherwise control the rights to your User Content
In order to create a secure, safe, and reliable environment for everyone, you agree that your User Content is non-confidential, non-proprietary, truthful, and does not in any way infringe upon the rights of a third party, including but not limited to: copyright, trademark, patent, trade secrets, privacy rights, personal rights, or property rights You agree to neither submit nor engage in User Content that is unlawful, harassing, abusive, pornographic, defamatory, libelous, hateful, or racially offensive.
We reserve the right to refuse service without prior notification to any user who violates these Terms and Conditions or infringes upon the rights of others.
Comments and reviews submitted to the Site do not always represent the views of Sunday Riley and we cannot warrant or represent their truthfulness, accuracy, or reliability. As such, we assume no responsibility or liability for any comment or review submitted to our Site. We are in no way responsible for examining or evaluating User Content, nor do we assume liability for User Content, including but not limited to, any loss or damage incurred by you as a result of any User Content posted or otherwise made available on our Site. You hereby understand and waive all rights to any claims against us for any infringements, actual or alleged, of any moral rights, rights of attribution and integrity, rights of privacy and publicity, or proprietary rights in connection with User Content. We retain the right, and you acknowledge that we have the right, in our sole discretion, to both remove User Content, refuse to post User Content, and/or change or alter User Content.
Governing Law
The laws of the State of Texas shall govern these Terms without regard to conflict of laws provisions.
International Use
This Site is operated from the United States. Accordingly, we make no claims that the statements or materials on the Site abide by any other country’s laws. We make no representation that materials on the Site are appropriate or available for use outside the United States. If you choose to access this Site or from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
QUESTIONS
Should you have any questions regarding these Terms you may contact us at hello@sundayriley.com
