SEPHORA FLASH TERMS & CONDITIONS

THIS IS A SUBSCRIPTION SERVICE THAT AUTOMATICALLY RENEWS.

PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE COMPLETING A PURCHASE FOR THE SEPHORA FLASH AUTO-RENEWING SUBSCRIPTION SERVICE. IF YOU SIGN UP FOR SEPHORA FLASH, YOU MUST EXPRESSLY ACCEPT THESE TERMS, CONDITIONS, LIMITATIONS AND REQUIREMENTS.

The following terms and conditions ("Terms") apply to your participation in the Sephora FLASH program. These Terms are between you and Sephora USA, Inc. and/or its affiliates (“Sephora” or “us”) and govern our respective rights and obligations. The Terms, together with any additional applicable terms and conditions related to any promotional offers provided to you for use with the FLASH program, constitute the entire agreement between you and Sephora related to your FLASH program membership.

Please note that your use of the Sephora website and membership in the FLASH program are also governed by other terms and conditions for use of the Sephora.com website, including Sephora’s  Terms of Use  and our  Privacy Policy  as well as any other applicable terms, conditions, limitations, and requirements on the Sephora.com website, all of which (as changed over time) are incorporated into these Terms.

Shipping Benefits
Membership in the FLASH program entitles members to unlimited two-day shipping and other discounted shipping benefits on select ship options, such as one-day shipping. Availability of discounted shipping benefits depends on inventory availability, order deadlines, and in some cases the shipping address. The FLASH program uses the terms one-day and two-day shipping. These terms are defined as follows:

  • One-day and two-day shipping refer to your estimated delivery date after our estimated shipping date.
  • Product availability will affect when the product is shipped and thus affect the timing of delivery.
  • One-day and two-day shipping apply to business days and not to weekends or holidays. Saturday and Sunday delivery may be available for certain locations.
  • We may ship the products by ground or air at our discretion.
  • Delivery of products within the estimated transit time or by the estimated delivery date are not guaranteed.

VIB Rouge Members
If you qualify for VIB Rouge status (having spent $1,000 in a calendar year), you are eligible to enroll in Sephora FLASH for no additional cost. Your FLASH membership will not be subject to auto-renewal and is good for the calendar year in which you qualified for Rouge status and the following full calendar year; after that, annual requalification is required. If you wish to continue your FLASH membership beyond that date, you will be required to affirmatively re-enroll for FLASH membership (whether as a continuing VIB Rouge member or by paying the annual membership fee).

Eligible Purchases
FLASH membership shipping benefits are limited to certain products sold by Sephora on the Sephora.com US website. The FLASH program does not affect special product, order, handling fees, and/or taxes that may apply. Changing or combining orders, or changing your shipping address, speed, or preferences might affect eligibility of the shipment for inclusion in the FLASH program. Certain products may not be entitled to FLASH program shipping benefits because of their size, weight, and other shipping requirements such as aerosol products that must be shipped by ground transport, or other limits imposed at our discretion.

Some other restrictions apply: FLASH shipping is only available in the contiguous U.S. It excludes Canada, Alaska, Hawaii, Puerto Rico, P.O. Boxes, APO/FPO addresses.

The Flash FAQs provide additional information about eligible items, shipping cost, shipping speed, and shipping destinations.

Other Limitations

  • Sephora may accept, refuse or terminate membership in the Flash program at our sole discretion.
  • You may not transfer or assign your Flash membership or any Flash program benefits.
  • Flash program benefits cannot be used to ship products purchased for the purpose of resale to others.
  • Sephora may in its sole discretion add or remove Flash membership benefits during promotions or other high traffic shipping periods with notice to you.

Annual Fees
The annual membership fee for the FLASH program is $10. Sephora may offer different membership terms to different clients, and the fees for membership may vary. The FLASH membership fee is non-refundable except as expressly set forth below. Taxes may apply on either or both of the membership fee and the reduced shipping charges for FLASH program shipments. At the time of your membership renewal, we may increase the annual membership fee in our sole discretion but with notice to you. If you do not want to accept the increased annual membership fee, you may cancel the renewal of your FLASH membership.

Membership Termination, Non-Refundable Fee
The FLASH membership fee is pre-paid in full on an annual basis, and is non-refundable once paid. There is no pro-rata refund if the membership is cancelled prior to the end of the term except if offered in our sole discretion.

IMPORTANT: YOUR SUBSCRIPTION TO SEPHORA FLASH AUTOMATICALLY RENEWS UNLESS YOU CANCEL IN A TIMELY MANNER

Membership Auto-Renewal
If you register for FLASH on or after January 13, 2016, your membership will automatically renew 12 months after the date of your initial enrollment (your “Renewal Date”) unless you notify us that you wish to cancel prior to your Renewal Date (your “Cancellation Date”). YOU MUST AFFIRMATIVELY CANCEL AUTO RENEW BY THE CANCELLATION DATE OR YOUR MEMBERSHIP WILL AUTOMATICALLY RENEW. You will receive an email from Sephora (sent to the email address we have on file) at least thirty (30) days prior to your Cancellation Date reminding you of your right to cancel and advising you of any changes to these Terms.

IF YOU HAVE PROVIDED US WITH A VALID CREDIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD SAVED IN YOUR SEPHORA ACCOUNT AND YOU HAVE NOT CANCELLED BY YOUR CANCELLATION DATE, YOUR FLASH SUBSCRIPTION WILL BE AUTOMATICALLY PROCESSED ON OR SHORTLY AFTER YOUR RENEWAL DATE AND THE CARD OR APPLICABLE PAYMENT METHOD YOU PROVIDED TO US AT THE TIME OF YOUR INITIAL PURCHASE AND ENROLLMENT IN OUR PROGRAM WILL BE CHARGED.

IF YOU WISH TO CANCEL YOUR PARTICIPATION IN OUR FLASH AUTO RENEWAL PROGRAM, you may cancel your subscription auto renewal at any time before your renewal date by calling 1-877-SEPHORA, by sending an email to  customerservice@sephora.com  or by going to the  My Account  page and selecting to cancel FLASH auto renewal. If you cancel, you will not be charged on your Renewal Date but your membership will continue until your Renewal Date.

If you registered for FLASH prior to January 13, 2016, if you registered for FLASH as a VIB Rouge member or if you purchased Sephora FLASH using Apple Pay, Gift Card or Store Credit, your membership will terminate 12 months from the date of your initial enrollment. If you wish to continue your FLASH membership beyond that date, you will be required to affirmatively re-enroll for FLASH membership, expressly accept these Terms and agree to be subject to the automatic renewal provisions described above.

Promotional Trial Memberships
Sephora reserves the right to offer certain clients various trial or other promotional memberships in the Sephora FLASH program, which are subject to these Terms except as otherwise stated in the promotional offers. Trial members may at any time choose not to continue to paid membership at the end of the trial period. [YOU MUST CANCEL YOUR TRIAL MEMBERSHIP PRIOR TO THE EXPIRATION OF THE TRIAL PERIOD TO AVOID BEING CHARGED AUTOMATICALLY FOR A FULL MEMBERSHIP WHICH WILL THEN BE SUBJECT TO AUTO-RENEWAL.]

Agreement Changes
We may in our sole discretion change these Terms or any aspect of the FLASH program that is found invalid, void, unenforceable, or for any reason. Any such change to these Terms will be posted on the Sephora.com website and will be sent to you before your membership auto-renews. YOUR CONTINUED MEMBERSHIP AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR MEMBERSHIP.

Termination By Us
We may terminate or suspend your FLASH membership in our sole discretion for any reason without notice. We will not give a refund for termination related to conduct that we determine, in our discretion, violates these Terms or any applicable law, involves fraud or misuse of the FLASH program, or is harmful to our interests or to another user. Our failure to insist upon or enforce strict compliance with these Terms will not constitute a waiver of any of our rights.

Limitation of Liability
IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN Sephora’s  Terms of Use. WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBSIDIARIES, JOINT VENTURES, THIRD-PARTY SERVICE PROVIDERS OR OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO THE FLASH PROGRAM OR YOUR FLASH MEMBERSHIP. OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE LAST ANNUAL MEMBERSHIP FEE YOU PAID. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR FLASH MEMBERSHIP. CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Dispute Resolution
If a dispute should arise between you and Sephora, we want to provide you with a resolution that is efficient and cost effective by using our customer service team. Almost all customer service disputes can be resolved to the customer’s satisfaction by using our customer service, reachable by calling 1-877-SEPHORA or by sending an email to  customerservice@sephora.com

If your dispute cannot be resolved using our customer service team, these Terms describe how we shall proceed with the resolution of the dispute.

THE FOLLOWING PROVISIONS RELATE TO DISPUTES AND CLASS ACTIONS. IT IS IMPORTANT THAT YOU READ THIS PROVISION CAREFULLY BEFORE ACCEPTING THESE TERMS AND CONDITIONS.

Binding Arbitration
ANY CLAIM OR DISPUTE RELATING IN ANY WAY TO YOUR USE OF THE SEPHORA FLASH SERVICE OR THESE TERMS SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION. ARBITRATION REMOVES YOUR RIGHT TO LITIGATE A CLAIM IN COURT OR TO HAVE A JURY TRIAL ON THAT CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. IT IS IMPORTANT THAT YOU READ THIS PROVISION CAREFULLY BEFORE ACCEPTING THESE TERMS. The arbitration will be administered by the American Arbitration Association (“AAA”) under its then-current arbitration rules. If any AAA rule conflicts with these Terms, these Terms shall control. You can obtain procedures, rules, and fee information from the AAA at www.adr.org or 1-800-778-7879. Any participatory arbitration hearing that you attend shall take place in San Francisco, California and California law will apply during the arbitration. The judgment upon the award rendered by the arbitrator shall be final and binding and may be entered in any court of competent jurisdiction. Unless inconsistent with applicable law, each party shall bear the expense of their respective attorneys’, experts’ and witness fees, regardless of which party prevails in the arbitration.

No Class Actions
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CONSOLIDATED OR CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING. YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST SEPHORA IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.