Terms and Conditions

LAST UPDATED 02/29/2024

Welcome to the bareMinerals website, www.bareMinerals.com (the “Website”).

Your use of our Website is subject to the following Terms and Conditions (“Terms”) and our Privacy Policy which can be found here. Please read these Terms carefully before using the Website. If You do not agree to these Terms, please do not use our Website.

PLEASE BE ADVISED THAT THESE TERMS ARE A LEGAL AGREEMENT BETWEEN YOU AND BAREMINERALS, AND YOUR USE OF THIS WEBSITE IS GOVERNED BY THESE TERMS. THESE TERMS CONTAIN PROVISIONS THAT WILL GOVERN HOW DISPUTES BETWEEN YOU AND US WILL BE RESOLVED, AND THEY INCLUDE A WAIVER OF A JURY TRIAL AND A WAIVER OF YOUR ABILITY TO BRING A CLASS ACTION LAWSUIT AGAINST US. PLEASE READ THESE TERMS TO UNDERSTAND WHAT YOU ARE AGREEING TO BEFORE USING THE WEBSITE.

 

  1. ABOUT US

 

Orveon Global US LLC (“bareMinerals”, “we,” “us,” or “our”) is a Delaware corporation with offices at 500 Fifth Avenue, 26th Floor, NY, NY, 10110, USA. Should you have any questions about these Terms and Conditions or wish to contact for any reason, please use the Contact Us section on the Website.

 

  1. PRIVACY

 

Our Privacy Policy also governs Your visit to our Website and describes what information we collect from You, and how that information is used, shared, secured, and eventually deleted. You can review our Privacy Policy here.

 

  1. TERMS OF SALE / SHIPPING & RETURN POLICY

 

Despite our best efforts, pricing errors may occur on the Website. Possession of a printout of the wrongly priced item or items, or access to the Website which displayed the incorrect price, does not constitute the right to purchase products featured at the incorrect price. bareMinerals is not responsible for typographical or pricing errors, and we do our best to correct them as soon as we learn about the mistake. bareMinerals reserves the right to revise pricing errors in its catalogs or the Website and to cancel any order You have placed if there was an error concerning the price or availability of any item You ordered when You placed the order, even if You have received an order confirmation. No bareMinerals employee or agent has the authority to alter or change any price or these Terms or other terms that may govern any sale. You can review our full shipping and return policy here.

 

  1. PURCHASES ARE FOR PERSONAL USE ONLY – NO UNOFFICIAL RESALES ALLOWED

We only sell our products through authorized third-party resellers. We do not authorize or support any independent resellers outside of our approved resale partners. If You see our products offered on another website, such as an auction site or via a solo individual seller, please know that we have not approved that resale and cannot guarantee that the products are actually our products or meet the standards of our products. If we see our products being sold in such an unapproved manner we will exercise our legal rights immediately. If You see or learn of our products being sold in such a manner, You can notify us at: legal@orveonglobal.com. 

 

Additionally, to ensure that our products are not re-sold without our permission, customers may not purchase more than 6 units of any single item or more than 15 items in one transaction, with a maximum purchase of $1,500 per order. Additionally, customers may not place more than three (3) orders within a twenty-four (24) hour period. We reserve the right, with or without notice, to cancel or reduce the quantity of any orders that we believe, in our sole discretion, may result in the violation of our Terms. If you wish to place an order for 7 or more units of an item, please contact our Customer Service team on customerservice@bareminerals.com      

 

Purchases from our Website are intended for Your personal use only. It is a violation of these Terms for You to purchase our products and attempt to resell them in any fashion through any channel of commerce or any online marketplace including but not limited to Amazon, eBay, and Walmart.com. We reserve all of our legal rights with regards to illegal resellers and will assert them as needed.

 

  1. OUR WEBSITE’S INTENDED AUDIENCE

 

Our Website is intended for and directed to residents of the United States and for persons over the age of 16. This Website is not intended for or marketed to anyone under the age of 16. You must be 16 years old or the age of majority in Your jurisdiction of residence to make a purchase on our Website.

 

 

  1. ACCURACY OF INFORMATION

 

 We do our best to be as accurate as possible when describing our products on the Website and providing pricing for them; however, we don’t always get it right and mistakes can be made.  So, to the fullest extent permitted by applicable law, we do not warrant that the product descriptions, colors, pricing, or any other content displayed or offered for sale on our Website are accurate, complete, reliable, current, or error-free.

 

  1. ACCURACY OF PRODUCT SHADES AND COLORS

 

We do our best to try to accurately display our products in the shades and different colors that You will experience in person. However, the actual colors You see on Your screen will depend on the capabilities, settings, and functioning of Your computer and/or monitor. Thus, the color You see on this Website, may look different in person.

 

  1. ACCURACY OF PRODUCT INFORMATION

All of our products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for all products to avoid potential allergic reactions. Use of the product descriptions may not include all information, so please refer to product packaging for further information. Additional the information contain on our Website is not meant to serve as a substitute for professional medical advice, or be used to diagnose or treat any medical condition. Please consult with your own physician or health care practitioner regarding the use of any products or information received from our Website 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. We do not give or intend to give any answers to medically related questions we do not represent or claim to be medical professionals. We do not sell or provide any prescription medications or medical treatments. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.

 

  1. INTELLECTUAL PROPERTY AND LIMITED LICENSE

 

All content available on the Website, including but not limited to text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and arrangement thereof (collectively, the “Content”) is the property of bareMinerals, our affiliates, parent company, partners, or licensors, and is protected by United States and international copyright laws.

 

The trademarks, logos, and service marks displayed on the Website (collectively, the “Trademarks”) are the registered and unregistered marks of bareMinerals, our affiliates, parent company, partners, or licensors, in the United States and other countries, and are protected by United States and international trademark laws.

 

Except as required under applicable law, neither the Content or Trademarks nor any portion of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent. This includes any automatic or bot scrapping of the data and content contained on our Website. Any form of automatic scrapping of our Website and the data contained herein, is a violation of these Terms.

 

If You would like to use or post any of our data, Content or Trademarks, You can send us a request for permission detailing the sought after data, Content, or Trademark, and how it will be used, via mail to our New York office located at:

 

500 Fifth Avenue

26th Floor

NY NY 10110

USA

 

With regards to content that You are viewing on our Website and Your overall use of our Website, we do provide You with a limited, a royalty-free, non-exclusive, nontransferable, right and license to access our Website and You view, download, or print materials from our Website for Your own personal and non-commercial use (provided all original copyright, trademark, and other notices are preserved in their original form) (“Limited License”). This Limited License does not include any rights not specifically stated herein. Your use of our Website does not grant, license, or transfer to You any ownership or other rights in our Website content (including without limitation the Content and Trademarks), and except as expressly provided, nothing herein or within the Website shall be construed as conferring on You or any other person any license under any of bareMinerals’ or any third party’s intellectual property rights, including, without limitation, any right to download, display, reproduce, distribute, modify, edit, alter, offer for sale, or enhance any of the Website or its Content in any manner whatsoever.

 

Any rights not expressly granted to You in these Terms are expressly reserved by bareMinerals. For greater certainty, You agree that You will not take any action that is inconsistent with bareMinerals’ exclusive ownership of this Website, nor bareMinerals’ ownership of, or any third party’s ownership of, any Website content (including without limitation the Content and Trademarks).

If You believe that any of Your copyrighted material has been copied and posted to this Website in a way that infringes on Your copyright, please see Section 17 below for more information on how to contact us to remove the same.

 

 

  1. ELECTRONIC COMMUNICATIONS

 

The information communicated on the Website constitutes an electronic communication. When You communicate with us through the Website or via other forms of electronic media, such as e-mail, You are communicating with us electronically. You agree that we may communicate electronically, subject to local privacy and anti-spam laws, and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to You electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

 

 

  1. MOBILE FEATURES

 

We may offer features and services that are available to You via Your mobile phone. These features and services may include, without limitation, the ability to browse our Website from Your mobile device, upload content to our Website, receive messages from our Website, download applications to Your mobile phone or access Website features (collectively, the "Mobile Features"). Standard messaging, data and other fees may be charged by Your carrier when You use the Mobile Features. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with Your carrier or mobile device. Contact Your carrier with questions regarding these issues. As applicable, instructions on how to opt-out of certain Mobile Features will be disclosed in connection with those Mobile Features. The instructions will typically require You to text a keyword (e.g., "STOP," "CANCEL," "END," "UNSUBSCRIBE," "QUIT," etc.) to the applicable shortcode for the Mobile Feature.

 

 

  1. YOUR OBLIGATIONS AND RESPONSIBILITIES

 

In the access or use of the Website, You shall comply with these Terms and the special warnings or instructions for access or use posted on the Website. You shall act always in accordance with the law, custom and in good faith. It is strictly prohibited to use or contact this Website to disrupt or damage the Website, its contents or its security measures or to harass or disparage bareMinerals or its products or services or personnel. You may not use the Website for commercial purposes. No unsolicited email (spam), or advertising or promotional materials may be directed to or through this Website. You may not use this Website in order to transmit, distribute, store, or destroy (through viruses or any other computer code, files, or programs which might in any way interrupt, limit, or interfere with the Website or bareMinerals’ business) material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, patent, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity or other personal rights of others, or (c) that is libelous, obscene, threatening, abusive or hateful. You agree that You will abide by any third-party company policies and terms necessary in using our Website (such as a third-party publisher terms of use or Facebook, Twitter or YouTube terms of use).

 

IF YOU DEFAULT NEGLIGENTLY OR WILLFULLY IN ANY OF THE OBLIGATIONS SET FORTH IN THESE TERMS AND CONDITIONS (INCLUDING OUR PRIVACY POLICY), YOU SHALL BE LIABLE FOR ALL THE LOSSES AND DAMAGES THAT THIS MAY CAUSE TO BAREMINERALS COSMETICS, OUR AFFILIATES, PARENT COMPANY, PARTNERS OR LICENSORS.

 

 

  1. YOUR ACCOUNT

 

You may choose to register at our Website. If You do, You will have an email address/username and password for Your account. You are responsible for maintaining the confidentiality of Your account, username and password and for restricting access to Your computer. You also agree to follow our rules for the creation of a complex password and keep that password safe and secure. You agree to accept responsibility for all activities that occur under Your account, username and/or password. You agree to provide only accurate, truthful information.

 

We reserve the right to refuse service and/or terminate accounts without prior notice if You violate these Terms or if we decide, in our sole discretion, that it would be in bareMinerals’ best interests to do so.

 

If You notice any problems or suspect that Your account has been compromised, please contact us at customerservice@bareminerals.com, to report the same as soon as possible.

 

 

  1. LINKING

 

bareMinerals has no responsibility and assumes no liability for the unaffiliated sites to which it is linked to or from, including but not limited to the content or web pages or other, products, services or materials on the site linked to the Website or posted to this Website by anyone other than bareMinerals. We may permit some links for convenience, but it is not an endorsement by bareMinerals, our affiliates or our partners of the referenced content, product, service or supplier. Please note that the rules and privacy policies of linked sites may differ from those of bareMinerals and should be reviewed by You when You use the link to access the other site. We may, in our sole discretion, request that You remove any link to the Website, and upon receipt of such request, You shall immediately remove such link. By connecting to the Website with a third-party service (e.g., Facebook), You give us permission to access and use information, content and/or material You have supplied to that service as permitted by that service, and to store Your log-in credentials for that service.

 

 

  1. USER GENERATED CONTENT

 

Any unsolicited suggestions, ideas, inquiries, materials, feedback, or other information You provide us (“User Generated Content”) will be treated as non-proprietary and non-confidential and, by submitting such information, You hereby grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute and display such information in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works.

 

You also acknowledge that Your submission of User Generated Content may not be returned and we may use Your User Generated Content, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.

 

You agree that You will not provide to us any User Generated Content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by bareMinerals; that You will not post any User Generated Content that contains personal information about any other individual besides Yourself, violates the privacy/publicity of any other individual or entity, or anything that You are under a contractual obligation to keep private or confidential; that You will not impersonate any person or organization, including without limitation, the personnel of bareMinerals, or misrepresent an affiliation with another person or organization; You will not post any User Generated Content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Website, or feature of the Website. We have to right to refuse to post, reject, delete, reformat and edit all User Generated Content, in our sole discretion.

 

Further, if You provide us with suggestions, product ideas, changes or improvements to existing products, or any other feedback or suggestions about our products and services, we may or may not review and consider the same, but we reserve the right to use the same freely without any restrictions, credit to You, or compensation to You. Additionally, we are under no obligation to keep any such suggestions, ideas, or feedback confidential.

 

  1. SUBSCRIPTON & AUTO-DELIVERY

 

Your bareMinerals Auto-Delivery item(s) will automatically ship according to the chosen delivery schedule, and Your designated credit card will be charged each time it ships unless you cancel or we terminate it for any reason. There is no minimum purchase required, and you can change or cancel your automatic shipments at any time by logging into your account or with a toll-free call to customer service at (888) 795-4747 or by sending an email to customerservice@bareminerals.com.

 

You are able to make changes to your next scheduled order, skip or cancel up to 2:00 pm EST the day before in order to not be charged for such order. If for any reason, you are unsatisfied with your purchase, our standard Return Policy applies.

 

For recurring payments, you must pay using a credit card. We regret that you cannot pay using a bareMinerals gift card, merchandise credit, Afterpay, or PayPal at this time. Credit card failures may prevent order completion. If we are unable to complete a charge, we may retry up to three times. If your credit card payment fails and You do not update Your payment details when you are notified, bareMinerals may cancel your subscription. To update Your credit card information, log into your account or contact Customer Service.

 

Auto-Delivery discount pricing, samples and other benefits are subject to change, at our discretion.

 

Product pricing, product offerings and product bundles are subject to change without notice. The bareMinerals Auto-Delivery and the product offerings and product bundles sold may be cancelled and/or discontinued at any time by bareMinerals without notice.

 

 

  1. DMCA - COPYRIGHT COMPLAINTS

 

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 U.S. copyright law. It is our policy, in appropriate circumstances and at our discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others. If You believe that Your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our copyright agent with the following information: an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that You claim has been infringed; a description of where the material that You claim is infringing is located on the Website; Your address, telephone number, and e-mail address; a written 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; 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. Any notification by a copyright owner or a person authorized to act on such copyright owner’s behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident. Our copyright agent for notice of claims of copyright infringement can be reached by writing to Legal Department, Orveon Global, 500 Fifth Avenue, 26th Floor, NY, NY, 10110 USA or by emailing: legal@orveonglobal.com.

 

 

  1. INDEMNIFICATION

 

You agree to indemnify, defend, and hold harmless, bareMinerals, its affiliates, parent, and their respective officers, directors, employees, agents, licensors, representatives, and third-party providers to the Website from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms by You. We reserve the right to assume, at our sole expense, the exclusive defense and control of any matter subject to indemnification by You, in which event You will fully cooperate with us in asserting any available defenses.

 

This provision does not require You to indemnify us for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website.

 

This Indemnification section does not apply to New Jersey residents.

 

  1. DISCLAIMER OF WARRANTIES

 

 

BAREMINERALS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS, OUR WEBSITE, AND THE SERVICES OFFERED ON OUR WEBSITE, INCLUDING ITS CONTENT AND ANY REPRESENTATION THAT THE SERVICES, INCLUDING THE ABILITY TO BUY OUR PRODUCTS, WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE PROVIDE THE SERVICES (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, BAREMINERALS DISCLAIMS ANY AND ALL IMPLIED OR STATUTORY WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF TITLE, ACCURACY OF DATA OR OPERABILITY, NON-INFRINGEMENT, MERCHANTABILITY OF THE WEBSITE OR FITNESS FOR A PARTICULAR PURPOSE.

 

  1. LIMITATION OF LIABILITY

 

BAREMINERALS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO OUR WEBSITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).

 

NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS AND LIMITATIONS OF LIABILITY DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM COMPANY INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE. THE TERMS IN THIS SECTION ARE VALID ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

 

This Limitation of Liability section does not apply to New Jersey residents.

 

  1. JURISDICTION; ARBITRATION AGREEMENT

 

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

 

WE BOTH AGREE TO ARBITRATE: You and bareMinerals agree to resolve any claims relating to these Terms through final and binding arbitration, except that, to the extent You have in any manner violated or threatened to violate our intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances we may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Website, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.

 

WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this Arbitration Agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.

 

ARBITRATION PROCEDURES: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures in front of one arbitrator. If there is a conflict between JAMS Rules and the rules set forth in these Terms, the rules set forth in these Terms will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. To initiate arbitration, You or we must do the following things:

 

(1) Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.

 

(2) Send three copies of the Demand for Arbitration, plus the appropriate filing fee to: JAMS to Your local JAMS office or to JAMS, Two Embarcadero Center, Suite 1500, San Francisco, CA 94111.

 

(3) Send one copy of the Demand for Arbitration to the other party.

 

Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. If travelling to New York is a burden, You may participate in the arbitration by phone or via document submission to the fullest extent allowable by the arbitrator. Each party will bear their own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden and in that case, we will pay for Your portion of the arbitration administrative costs (but not Your attorneys’ fees). Arbitration under this Arbitration Agreement shall be held in the United States in New York, NY under New York law without regard to its conflict of laws provisions. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

 

AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of You and bareMinerals, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and these Terms. The arbitrator shall 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 You and us.

 

NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

 

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 shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between You and us in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND BAREMINERALS WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS ARBITRATION AGREEMENT.

 

OPT-OUT OF ARBITRATION AGREEMENT: You can decline this Arbitration Agreement by emailing us at legal@orveonglobal.com and providing the requested information as follows: (1)Your Name; (2) the URL to these Terms; (3) Your Address; (4) Your Phone Number; (5) and clear statement that You wish to opt out of this arbitration provision in the Terms of Conditions. The Opt-Out Notice must be emailed no later than 30 days after the date You first accept the Terms by using the Website.

 

CHOICE OF LAW/FORUM SELECTION: In any circumstances where this Arbitration Agreement permits the parties to litigate in court, these Terms shall be governed by the laws of New York as if the Terms were a contract wholly entered into and wholly performed within New York. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of (i) a state court of competent jurisdiction located in New York County, New York, or (ii) the United State District Court for the Southern District of New York.

 

  1. SEVERABILITY

 

If any provision in these Terms is found to be invalid or unenforceable or contrary to applicable law, such provision shall be construed, limited, or altered, as necessary, to eliminate the invalidity or unenforceability or the conflict with applicable law, and all other provisions of these Terms shall remain in effect.

 

  1. GENERAL

 

We reserve the right, in our sole discretion, to change these Terms at any time by posting the changes on the Website and revising the Last Updated date at the top of these Terms. Any changes are effective immediately upon posting to our Website. If You do not agree with any of the changes You should stop using our Website.

 

  1. CALIFORNIA TRANSPARENCY IN SUPPLY CHAIN ACT DISCLOSURE

 

On January 1, 2012, the California Transparency in Supply Chain Act went into effect in California. This act requires retail sellers and manufacturers doing business in California to disclose the efforts made to ensure its supply chains are free from slavery and human trafficking in effort to eradicate slavery and human trafficking from product supply chains. bareMinerals is committed to being responsible in its global business practices and takes steps with its product suppliers to ensure compliance with bareMinerals’ standards of conduct as set forth in Orveon Global’s Supplier Code of Conduct, of which bareMinerals is a part, and all applicable laws. bareMinerals has made the following efforts to ensure compliance by its product suppliers: Certification: bareMinerals requires all product suppliers to confirm in writing that they understand and will adhere to the Orveon Global’s Supplier Code of Conduct. The Orveon Global Supplier Code of Conduct specifically requires product suppliers to certify that all goods are manufactured in compliance with the wage and hour, slavery and human trafficking laws of the country of manufacture and without the use of children or prison, indentured, exploited, bonded, forced or slave labor.

 

TRAINING: Orveon Global’s global procurement and supply chain management teams are trained on the Orveon Global Supplier Code of Conduct and how to identify possible indicators of human trafficking and slavery in the supply chain to ensure that no risk factors are present.

 

AUDITS & VERIFICATION: Orveon Global’s global procurement and supply chain management teams have the ability to audit product suppliers either itself or conduct an independent third party assessment, including conducting on-site inspections to assess factory conditions and ensure that management is not in violation of slavery and human-trafficking laws.

 

ACCOUNTABILITY: bareMinerals will not do business with any supplier who will not agree to comply with the Orveon Global Supplier Code of Conduct or its other accountability standards. bareMinerals will issue a warning to any supplier, employee or contractor who willfully or knowingly fails to comply with these standards and, if the supplier, employee, or contractor fails to take prompt corrective action, bareMinerals will enforce disciplinary action including termination of the business relationship.

 

bareMinerals is dedicated to conducting its business with integrity and the highest standard of ethics and seeks the same level of integrity and ethical standards with its vendor and supplier partners. bareMinerals will continue to assess all risks and opportunities to ensure that its approach will prevent any injustice or violation of human rights within its supply chain.

 

  1. BAREMINERALS MARKETING COMMUNICATIONS

If You want to receive email or other marketing communications from us, You can sign up on site.  If at any time You wish to opt out of these communications, You can do so by following the instructions at the bottom of each email or otherwise contained in the communication, or by clicking here.

 

  1. BAREMINERALS TEXTS

 

If You want to sign up to receive text messages from us, please text JOIN to 35191 to receive texts from bareMinerals.

 

By signing up, You consent to receive bareMinerals text messages to Your mobile phone/device regarding various promotions, alerts and events. Message frequency will vary. bareMinerals reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Your consent to receive text messages is not required to make a purchase. You understand and agree that the text messages sent to Your mobile phone/device may be generated using automated technology. Message and data rates may apply. Reply STOP to cancel the messages and opt out of these communications or reply HELP for info. You can also opt out of all communications from us here. All charges are billed by and payable to Your mobile service provider. bareMinerals does not charge You for sending or receiving text messages to or from 35191. By signing up for bareMinerals texts, You agree that the collection and processing of Your personal data will be in compliance with our Privacy Policy, which can be found here.

 

For questions or help, please call bareMinerals Customer Service at (888) 795-4747 or email us at customerservice@bareminerals.com.

 

Supported carriers include AT&T, Sprint/Boost/Virgin, T-Mobile/MetroPCS, Verizon Wireless, C Spire Wireless, Carolina West Wireless (CWW), CellCom USA, Google Voice, U.S. Cellular, ACS/Alaska, Advantage Cellular (DTC Wireless), Aio Wireless/Cricket, Appalachian Wireless, Atlantic Tele-Network International (ATN), Bandwidth, Bluegrass Cellular, Buffalo Wireless, CableVision, Cellular Network Partnership (PIONEER), Cellular One of East Central Illinois, Chariton Valley Cellular, Chat Mobility USA, ClearTalk(Flat Wireless), Copper Valley, Coral Wireless (Mobi PCS), Cross Telephone Company (MBO Wireless), Duet IP (Maximum Communications New Core Wireless), Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI Communications Corp, Golden State Cellular, i Wireless (IOWA Wireless), Illinois Valley Cellular (IV Cellular), Immix(Keystone Wireless), Inland Cellular Telephone Company, Leaco, Mosaic (Consolidated or CTC Telecom), MTA Communications, MTPCS (Cellular One Nation), Nex-Tech Wireless, Northwest Missourri Cellular Limited, Panhandle Telecommunications Systems(PTCI), Peoples Wireless, Pine Belt Wireless, Pine Cellular, Revol Wireless USA, RINA, Sagebrush Cellular (Nemont), SI Wireless/Mobile Nation, SouthernLinc, SRT Wireless, Texas RSA 3 Ltd(Plateau Wireless), Thumb Cellular, Union Telephone Company(Union Wireless), United Wireless, Viaero Wireless, West Central Wireless (5 Star Wireless).