Please read these Terms carefully before you start to use our Website, as these will apply to your use of our Website and to any contract between us for the sale of Products to you (the "Contract"). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our Website. We recommend that you print a copy of this for future reference. Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in it.
WE RESERVE THE RIGHT TO CHANGE THESE TERMS OR TO MODIFY OR DISCONTINUE THE PRODUCTS PROVIDED ON THE WEBSITE AT ANY TIME. BY CONTINUING TO USE THE WEBSITE OR PURCHASE PRODUCTS FROM US AFTER POSTING OF SUCH CHANGES ONLINE, YOU AGREE TO BE BOUND BY SUCH CHANGES.
1. Information About Us
Our Websites are owned and created by Arbonne International, LLC of 9400 Jeronimo Road, Irvine, California 92618, U.S.A. and supervised by
Arbonne UK Limited of Unit 16 Basset Court, Loake Close, Grange Park, Northampton, NN4 5EZ, United Kingdom. Our main trading office in the United Kingdom is Arbonne UK Limited at Unit 16 Basset Court, Loake Close, Grange Park, Northampton, NN4 5EZ, United Kingdom. Our VAT number is 908 8904 87.
2. Accessing our Website
We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. Access to our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Website without notice. We will not be liable to you if for any reason our Website is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our Website.
You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
We aim to update our Website regularly, and may change the content at any time. If the need arises, we may suspend access to our Website, or close it indefinitely.
From time to time, we may restrict access to some parts of our Website, or our entire Website, to users who have registered with us (e.g. through log-ins).
This service is provided "as is." You may rely on this service solely at your own risk. advice, opinions and statements should not be relied upon when making important personal, medical, legal or financial decisions. You should consult a professional to obtain specific advice appropriate to your circumstances. We do not warrant that the Website will be uninterrupted or error-free, and there may be delays, omissions, interruptions and inaccuracies in the information or other materials that are available on or through the Website. You assume full responsibility and risk of loss, including loss of data, resulting from your downloading and/or use of our Website. Although we intend to take reasonable steps to prevent the introduction of viruses and other destructive materials to the Website, we do not guarantee or warrant that materials that may be downloaded from the Website do not contain such destructive features. We are not liable for any damages or harm attributable to the foregoing.
3. Changes to our Website
We may update our Website from time to time, and may change the content at any time. However, please note that any of the content on our Website may be out of date at any given time, and we are under no obligation to update it.
We do not guarantee that our Website, or any content on it, will be free from errors or omissions.
You agree to provide us with complete and current registration information. Persons under 16 are prohibited from providing personal information on our Website. If you are under 18, you may only use our Website with the supervision of a parent or guardian 18 years of age or older. Unless otherwise specified, the materials on the Website is presented solely for the purpose of promoting Products available in the United Kingdom. Arbonne makes no representation that materials contained on the Website are appropriate or available for use in other locations. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Arbonne Products ordered from the Website cannot be shipped to a country outside the United Kingdom. Purchase and/or use of any Arbonne Products outside of the United Kingdom are governed by the terms and conditions of use and other policies contained on the Website specific to each country where they are available.
5. Your Account and Password
When you register your account online with us, you will receive an Arbonne identification number (Arbonne ID). Arbonne Independent Consultants, as well as Preferred Clients and Clients who wish to access account information online must also create a password. Please keep your Arbonne ID and password secret. You are entirely responsible for any activity under your Arbonne ID. You must promptly notify Arbonne of any actual or attempted unauthorised use of your Arbonne ID.
We have the right to disable any Arbonne ID, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify Customer Service at 0800 977 5721 or write to us at Unit 16 Basset Court, Loake Close, Grange Park NN4 5EZ, Northampton, Northamptonshire.
6. Arbonne Independent Consultants
Our Products are sold through our network of Independent Consultants, who are each independent distributors of our Products. Online shopping is fulfilled and sold directly by us in connection with an Arbonne Independent Consultant. To purchase our Products, you do not have to become an Independent Consultant. If, however, you are interested in becoming an Arbonne Independent Consultant in the United Kingdom, please click here to register and fill out your Arbonne Independent Consultant Application and Agreement or contact an Arbonne Independent Consultant of your choice. You must be at least 18 years of age to become an Arbonne Independent Consultant.
7. Independent Consultant Websites
Arbonne Independent Consultants may have their own internet websites, as part of the Arbonne Replicated Website. It is the sole responsibility of each Arbonne Independent Consultant to ensure that its website content is accurate and that it fully complies with all Arbonne rules, Policies and Procedures, including without limitation, all applicable UK statutory laws and regulations. We do not review these websites. ARBONNE DISCLAIMS ANY AND ALL LIABILITY ARISING OUT OF OR RELATED IN ANY WAY TO ARBONNE INDEPENDENT CONSULTANT WEBSITES. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING INDEPENDENT CONSULTANT WEBSITES, INCLUDING WARRANTIES OF SATISFACTORY QUALITY OR FITNESS OF PURPOSE. YOU SHOULD NOT RELY ON ANY REPRESENTATIONS OR WARRANTIES CONTAINED ON ANY INDEPENDENT CONSULTANT WEBSITE.
8. Linking to our Website
You may only link to our home page provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, and only so long as any such link complies with Arbonne’s Policies & Procedures and any other agreement you may have with Arbonne.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our Website on any website that is not owned by you.
Our Website must not be framed on any other Website, nor may you create a link to any part of our Website other than the home page.
We reserve the right to withdraw linking permission without notice.
If you wish to make any use of content on our Website other than that set out above, please contact firstname.lastname@example.org.
9. Third Party Links and Resources on our Website
Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
10. Uploading Content to our Website
Whenever you make use of a feature that allows you to upload content to our Website, or to make contact with other users of our Website, you must comply with our content standards set out in any agreement you have with us, including Arbonne’s Policies and Procedures. In case of a conflict between these Policies and Procedures and these Terms, the Terms shall govern.
You warrant that any such contribution does comply with the Arbonne’s Policies and Procedures, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our Website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our Website to the full extent permitted by applicable law.
We have the right to remove any posting you make on our Website if, in our opinion, your post does not comply with our content standards or if we determine it is otherwise objectionable.
The views expressed by other users on our Website do not represent our views or values.
11. Our Products
The images of the Arbonne Products on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. The Products you receive may vary slightly from those images.
The packaging of the Products may vary from that shown on images on our Website.
All Products shown on our Website are subject to availability. We will inform you by email as soon as possible if the Product you have ordered is not available and we will not process your order if made.
12. If you are a Consumer
If you are a consumer, you may only purchase Products from our Website if you are at least 18 years old.
As a consumer, you have legal rights in relation to Products that are faulty or not as described. Nothing in these Terms will affect these legal rights.
13. How the Contract is formed between You and Us
For the steps you need to take to place an order on our Website, please go to our website and visit Shop Online.
Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
After you place an order, you will receive an email from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described as follows.
We will confirm our acceptance to you by sending you an email that confirms that the Products have been dispatched ("Dispatch Confirmation"). The Contract between us will only be formed when we send you the Dispatch Confirmation.
If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our Website, we will inform you of this by email and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
All orders of goods from Arbonne are made subject to a shipment contract, which means that the risk of accidental loss and title of the goods passes to you upon our delivery to the carrier.
14. Our Right to Vary these Terms
We may revise these Terms from time to time in the following circumstances:
(a) changes in how we accept payment from you; or
(b) changes in relevant laws and regulatory requirements.
We will post the changes on this website. Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
Whenever we revise these Terms, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
The content on our Website including, but not limited to, advice, opinions and statements, is provided for general information only. It is not intended to amount to advice on which you should rely. You should consult a professional to obtain specific advice appropriate to your circumstances when making important personal, medical, legal or financial decisions.
16. No Reliance on Information
The testimonials on Arbonne Independent Consultants websites via the Arbonne Replicated Website programme may not reflect the actual experience of each individual, are anecdotal only, and may be atypical. We do not review or endorse these testimonials.
17. Client Product Guarantee Policy
A forty-five (45) day money-back guarantee is offered on all our Products that are ordered from an Arbonne Independent Consultant or through Arbonne.com. Clients who are not completely satisfied with a product they ordered from an Arbonne Independent Consultant may return the product to their Arbonne Independent Consultant for a replacement or full refund within forty-five (45) days from the client purchase date. Products ordered by Clients from Arbonne.com may be returned directly to us for replacement or full refund within forty-five (45) days from the client purchase date. A signed and fully completed Product Return Form must accompany a Product return. Please allow 30 days for processing. Seasonal Promotional Products and gift items may not be available for replacement, and may, at our discretion be exchanged for an item of equal value.
If for any reason you are not satisfied with the Products (except Seasonal Promotional Products and gift items), you may cancel your Contract by giving us notice within 45 days from the day you purchased the Products, such notice shall be given in accordance with the cause below. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund.
To cancel a Contract, you must contact us in writing by sending an email to email@example.com or by contacting our Customer Services telephone line at 0800 977 5721 or by using the cancellation form provided in the Order and Dispatch Confirmation email or on the Client Order Form. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.
You must return the Products to us within 14 days from the date of your cancellation notice. You will receive a full refund of the price you paid for the Products and the delivery costs in sending the Products to you (except for any supplementary delivery costs if you chose a delivery method which was more expensive than our standard delivery cost) if you cancel within 14 days of receipt of the Products. If you cancel the Contract 14 days after receipt of the Products but before 30 days have elapsed from you receiving the Products, you will have to pay the delivery costs incurred by Arbonne in sending the Products to you in the first place and your costs in returning the Products back to us, we will not refund you any costs of delivery or shipping. You have the legal obligation to take reasonable care of the Products while they are in your possession.
If you reject the Products for any reason other than damage to or defect in the Products, you must pay the cost of returning the Products to us and you will be responsible for their safety during transportation. If you reject the Products because they are damaged or faulty, we will cover the cost of the return of the Products to us.
If the products are returned by you for any reason other than damage to or a defect in the products and they have suffered any reduction in value as a result of handling beyond what is necessary to establish the nature, characteristics and functioning of the products then you will be charged for that diminution in value and that charge will be deducted from your refund. We will process the refund due to you as soon as possible and, in any case, within 14 (fourteen) calendar days of the day of receiving the returned Products. We may withhold your refund until we have received the Products back or you have supplied evidence of having sent back the Products.
Returned Products must be received by our Customer Service Returns Department in the original packaging accompanied with the original proof of purchase which accompanied your order. Our Customer Service Returns Department will guide you through our Cancellation and Refund Rights.
Refunds will be applied to your original method of payment, no refunds will be made in cash. In the event that you pay us via a bank transfer, you authorise us to refund you via a cheque payment.
Details of your legal right to cancel and an explanation of how to exercise it as well as a cancellation form is included on the Client Order Form and is also provided in the Order and Dispatch Confirmation email.
Your order will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation, unless there is an Event Outside Our Control (as defined below). If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
Delivery will be completed when we deliver the Products to the address you gave us. In the event that we incur extra delivery or storage charges because no one is available at your address to take delivery, you will be expected to pay for such charges.
The Products will be your responsibility from the completion of delivery.
You own the Products once we have received payment in full, including all applicable delivery charges.
19. No International Delivery
Unfortunately, we do not deliver to addresses outside the UK or to countries in which the Products are authorized to be sold. You may place an order for Products from outside the UK, but this order must be for delivery to an address in the UK.
20. Price of Products and Delivery Charges
The prices of the Products will be as quoted on our Website from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However, if we discover an error in the price of Product(s) you ordered, please see the rest of this clause for what happens in this event.
Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.
The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
The price of a Product does not include delivery charges. Our delivery charges are as quoted on our Website from time to time and are available for viewing when you place an order.
Our Website contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our Website may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
21. How to Pay
You can only pay for Products using a debit card or credit card. We accept the following cards: VISA, MASTERCARD, AMERICAN EXPRESS.
Payment for the Products and all applicable delivery charges is in advance. We will not charge your payment card until we dispatch your order.
22. Ownership and Copyright Restrictions
The Website, including but not limited to software, content, text, photographs, images, graphics, video, audio, hypermedia items and the compilation as a whole and intellectual property rights in our Website (the "Content"), are copyrighted under copyright and other laws by Arbonne or its affiliates. You must abide by all copyright notices or restrictions contained in the Website or elsewhere. You may not delete any author attributions, legal or proprietary notices in the Website or elsewhere. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. You must not use any part of the materials on our Website for commercial purposes without obtaining a licence to do so from us. If you print off, copy or download any part of our Website in breach of these Terms, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Unless otherwise noted: (i) the Website may not be used, displayed, copied, reproduced, distributed, republished, uploaded, downloaded, posted, transmitted, mirrored, modified, or otherwise, or in any way exploited for personal gain; (ii) you may not redistribute, sell, translate, modify, reverse-engineer or reverse-compile or decompile, disassemble or make derivative works of the Website or any Content or components that are available on the Website; and (iii) you may not make commercial use of Website and/or any other webpage provided by us, including redistribution or copying by means; EXCEPT with our prior, express written permission.
You agree not to interfere or take action that results in interference with or disruption of the Website or servers or networks connected to the Website. You agree not to attempt to gain unauthorised access to other computer systems or networks connected to the Website. You may not post, transmit or distribute to or from the Website any material that is defamatory, libellous, obscene, threatening, harassing, abusive, in violation of applicable law, or that inhibits others from enjoying the Website.
You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of-service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programmes, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.
23. Copyright Permission
Permission is granted for viewing these pages on the internet, subject to the terms and conditions of this Agreement. In addition, Arbonne Independent Consultants are hereby granted permission to download product and botanical images. People or model images cannot be downloaded or copied due to copyright laws. Copy downloaded or taken from Arbonne literature must be used exactly as printed or written. Changing a word or two may change the real meaning or definition. In the event that information is downloaded from the Website, the information, including any Content, data or files incorporated in or generated by the Website are owned by Arbonne and Arbonne retains complete title to the information and all property rights therein. All other rights are reserved.
24. Trade Marks
All Content, product names, trade marks, service marks and logos on the Website, unless otherwise noted, are wholly owned or validly licensed by us. Trade marks, service marks and logos owned by third parties remain the property of such third parties.
25. Idea Submissions
If you submit any ideas, suggestions or testimonials to us, we have the right to use your submission without charge in any manner that we deem appropriate, including posting on the internet. You may only post ideas and material to the Website if you have obtained appropriate copyright and other permission to post such materials and to permit us to use such material without restriction. You agree that you will not violate or infringe the rights of third parties, including privacy, publicity and intellectual and proprietary rights, such as copyright or trade mark rights. Obscene, insulting or otherwise objectionable submissions can be deleted by Arbonne without prior notice.
You agree to be bound by our Data Protection Policy. Consistent with these policies, you may not collect, distribute or gather personal or aggregate information, including internet or email addresses, about Arbonne's Independent Consultants or any of their clients or other users.
27. Anti-Spam Policy
We strictly prohibit the sending of unsolicited bulk email (spam). Spam is defined for this purpose as sending ten or more messages similar in content to any persons, entities, newsgroups, forums, email lists, or other groups or lists unless prior authorisation has been obtained from the email recipient or unless a business or personal relationship has already been established with the email recipient. Arbonne also prohibits using false headers in emails or falsifying, forging or altering the origin of any email in connection with Arbonne, and/or its Products and services. Arbonne prohibits engaging in any of the foregoing activities by using the service of another provider, remailer service, or otherwise.
IF YOU OR ANYONE YOU KNOW IS "SPAMMED" BY SOMEONE WHO IS SELLING OR DESCRIBING ARBONNE'S PRODUCTS OR SERVICES, PLEASE CONTACT US PROMPTLY SO THAT WE MAY TAKE APPROPRIATE ACTION.
28. Disclaimer of Liability
TO THE EXTENT PERMITTED BY LAW WE EXCLUDE ALL REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, OR USEFULNESS WITH RESPECT TO ARBONNE’S PRODUCTS AND SERVICES, THIS WEBSITE, INFORMATION CONTAINED ON THE WEBSITE, THE ARBONNE REPLICATED WEBSITE PROGRAMME OR THE ARBONNE OPPORTUNITY (COLLECTIVELY HEREAFTER, “SERVICE”).
THIS SERVICE IS PROVIDED "AS IS". YOU MAY RELY ON THIS SERVICE SOLELY AT YOUR OWN RISK. ADVICE, OPINIONS AND STATEMENTS SHOULD NOT BE RELIED UPON WHEN MAKING IMPORTANT PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS. YOU SHOULD CONSULT A PROFESSIONAL TO OBTAIN SPECIFIC ADVICE APPROPRIATE TO YOUR CIRCUMSTANCES. WE DO NOT WARRANT THAT THIS SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE INFORMATION OR OTHER MATERIALS THAT ARE AVAILABLE ON OR THROUGH THIS SERVICE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS, INCLUDING LOSS OF DATA, RESULTING FROM YOUR DOWNLOADING AND/OR USE OF THIS WEBSITE OR THIS SERVICE. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES AND OTHER DESTRUCTIVE MATERIALS TO THIS SERVICE, WE DO NOT GUARANTEE OR WARRANT THAT THIS SERVICE OR MATERIALS THAT MAY BE DOWNLOADED FROM THIS SERVICE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO THE FOREGOING.
WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING INDEPENDENT CONSULTANT WEBSITES, INCLUDING WARRANTIES OF SATISFACTORY QUALITY OR FITNESS OF PURPOSE. YOU SHOULD NOT RELY ON ANY REPRESENTATIONS OR WARRANTIES CONTAINED ON ANY INDEPENDENT CONSULTANT WEBSITE.
THE FINAL SUCCESS OR FAILURE OF ANY ARBONNE INDEPENDENT CONSULTANT DEPENDS UPON HIS OR HER INDIVIDUAL EFFORT. THERE ARE NO GUARANTEES OR PROJECTIONS OF ACTUAL EARNINGS. IT IS ILLEGAL FOR A PROMOTER OR A PARTICIPANT IN A TRADING SCHEME TO PERSUADE ANYONE TO MAKE A PAYMENT BY PROMISING BENEFITS FROM GETTING OTHERS TO JOIN A SCHEME. DO NOT BE MISLED BY CLAIMS THAT HIGH EARNINGS ARE EASILY ACHIEVED.
29. Our Liability if you are a Business Customer
This clause only applies if you are a business customer.
We only supply the Products for internal use by your business, and you agree not to use the Product for any re-sale purposes.
Nothing in these Terms limit or exclude our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979; or
(d) defective products under the Consumer Protection Act 1987.
Subject to the above exceptions, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
Subject to the foregoing, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% the price of the Products.
Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
30. Our Liability if you are a Consumer
This clause only applies if you are a consumer.
If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979;
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979; and
(e) defective products under the Consumer Protection Act 1987.
31. Events Outside our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control as defined below.
An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks [or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS ARBONNE, ITS AFFILIATES, AGENTS, INDEPENDENT CONSULTANTS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM ANY AND ALL LIABILITIES, CLAIMS, EXPENSES AND DAMAGES, INCLUDING REASONABLE LEGAL FEES AND COSTS, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF THIS SERVICE ORWEBSITE, THE ARBONNE OPPORTUNITY, OR IN CONNECTION WITH YOUR ACCOUNT OR ANY OTHER PERSON'S USE OR ACCESS TO THIS SERVICE BY OR THROUGH YOUR ACCOUNT, WITH OR WITHOUT YOUR PERMISSION, INCLUDING WITHOUT LIMITATION ANY CLAIMS OF LIBEL, DEFAMATION, VIOLATION OF RIGHTS OF PRIVACY OR PUBLICITY, TRESPASS, AND INFRINGEMENT OF INTELLECTUAL OR OTHER PROPRIETARY RIGHTS.
33. Applicable Law
If you are a consumer, please note that these Terms, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
If you are a business customer, these Terms, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the non exclusive jurisdiction of the courts of England and Wales.
34. Resolution of Disputes
All disputes and claims relating to Arbonne, or its past or present related entities, officers, directors, employees, investors, distributors or vendors, its marketing and compensation plan, its products, the rights and obligations of an Independent Consultant and Arbonne, or any other claims or causes of action relating to the performance of either an Independent Consultant or Arbonne under the Independent Consultant Agreement, or Policies and Procedures, shall be settled in accordance with the Independent Consultant Policies and Procedures. All disputes and claims not arising by or on behalf of an Independent Consultant shall be settled in accordance with the following dispute resolution procedure below.
If a dispute arises, it is expected that the parties will attempt in good faith to resolve any such dispute in an amicable and mutually satisfactory manner.
Arbonne is a member of the Direct Selling Association (the "DSA") and requires its Arbonne Independent Consultants to comply with the DSA Codes of Practice. In the unlikely event that you have any concerns in relation to the supply of goods detailed above or the conduct of the Arbonne Independent Consultant, which cannot be resolved either by the Independent Consultant or Arbonne, you may contact the DSA (at Direct Selling Association, Unit 14 Mobbs Miller House, Christchurch Road, Northampton, NN1 5LL, Tel: +44 (0)1604 625700; firstname.lastname@example.org) which administers a Dispute Resolution Procedure in relation to such matters.
In the event such efforts are unsuccessful and the matter is not resolved through negotiation, the parties shall attempt to resolve the dispute in good faith through mediation. Either party may serve a notice requesting mediation (“Notice of Mediation”) on the other party. Notice of Mediation shall be personally delivered or sent by pre-paid registered airmail or overnight courier, and shall be effective on receipt thereof by the party to whom it is addressed. Proof of receipt shall be a receipt signed by any officer or responsible official of the party to whom it is addressed. The Notice of Mediation shall be dated, and without prejudice to any right under the Agreement permitting subsequent modifications, shall specify the claims or issues which are to be subjected to mediation, including the requested remedies sought in the mediation. The parties shall attempt, in good faith, to select a mutually acceptable mediator from the Centre for Effective Dispute Resolution, International Dispute Resolution, 70 Fleet Street, London, EC4Y 1EU United Kingdom (“CEDR”) in London, United Kingdom. If the parties are unable to agree on a mediator within 15 days of service of the Notice of Mediation, the parties shall request that CEDR submit to the parties a list of seven proposed mediators (the “Mediator List”). Within seven days after service of the Mediator List, each party shall submit a letter to CEDR that ranks four mediators on the Mediator List in order of preference and strikes the remaining three names. CEDR shall then select the mediator on the Mediator List with the highest combined ranking. The mediation shall take place in London, United Kingdom within 45 days after the selection of the mediator. The party that serves the Notice of Mediation shall be responsible for the costs of the mediation, but not the other party's legal costs. The mediation, and any materials, briefs, statements, documents or information exchanged at or in anticipation of the mediation, shall be kept confidential and shall not be admissible for any purpose in any legal proceeding.
If the dispute cannot be resolved by mediation, or if any party will not participate in mediation, either party may issue legal proceedings in the English courts.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms.
If at any time you have agreed or agree to the Arbonne Independent Consultant Application and Agreement, to the extent of any conflict between the terms of the Arbonne Independent Consultant Application and Agreement and the terms of this Agreement (including, without limitation, any conflict with respect to dispute resolution terms), the terms of the Arbonne Independent Consultant Application and Agreement shall apply and control.
38. Other Important Terms
We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
When we refer, in these Terms, to "in writing", this will include email.
If you are a consumer and you wish to contact us in writing you can send this to us by email at email@example.com or by pre-paid post to Arbonne UK Limited using the address in the next section. You can always contact us using our Customer Services telephone line on 0080070605060.
If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide to us in your order.
If you are a business customer:
(a) Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service, email, or posted on our website.
(b) A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the fourth Business Day after posting; if sent by email, one Business Day after transmission; or, if posted on our website, immediately.
(c) In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
(d) The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
Arbonne UK Limited (“Arbonne”) of unit 16 Basset Court, Loake Close, Grange Park NN4 5EZ, Northampton, England, VAT number 908 8904 87, is the promoter of this trading scheme in the United Kingdom. The Products that are sold under this opportunity are skincare and colour cosmetics produced or supplied by us and such other goods as we may market from time to time. You may contact us by writing or calling us at the address, email address and/or telephone number listed below:
Arbonne UK Limited
Unit 16 Basset Court
Northampton NN4 5EZ, United Kingdom
Telephone: 0800 977 5721
Or you may complete the online form at arbonneinternational.co.uk > Contact Us.
PLEASE PRINT A COPY OF THESE TERMS FOR YOUR RECORDS AND PLEASE CHECK THE WEBSITE FREQUENTLY FOR ANY CHANGES TO THESE TERMS.