BEAUTY INSIDER TERMS & CONDITIONS
Last Updated: August 16, 2016
1. Membership & Eligibility
The Beauty Insider Program (“Program”) is a rewards program offered by Sephora USA, Inc. (“Sephora”) to its customers located in the U.S. and Canada. Membership to the Program ("Membership") is limited to individuals only and is limited to one account per individual. Employees, officers, directors, agents and representatives of Sephora and its affiliates are eligible for Membership but may be excluded from certain promotions. You must be age 13 years or older and a legal resident of the United States or Canada to be eligible for Membership. Eligible minors must obtain their parent's or legal guardian's consent prior to participation.
BY SUBMITTING AN APPLICATION FOR MEMBERSHIP IN THE PROGRAM, YOU AGREE (OR, IF YOU ARE A MINOR, YOUR PARENT OR LEGAL GUARDIAN AGREES) TO BE BOUND BY THESE TERMS AND CONDITIONS (“TERMS”). NO PURCHASE IS NECESSARY TO BECOME A MEMBER.
Affiliates of Sephora (e.g. Sephora France) may also have similar customer programs. Membership in the Program does not confer any rights or benefits in the program of any other Sephora affiliate.
2. Earning and Redeeming Program Rewards
Under the Program, you earn one (1) Beauty Insider point (“point”) for every U.S. or Canadian dollar spent (as applicable based on country of purchase) on merchandise (excludes the purchase of e-gift cards, gift cards, taxes and/or shipping) in the United States and Canada online, in Sephora retail stores or in Sephora inside JCPenney retail stores (U.S. only). Sephora purchases on jcpenney.com do not qualify for tier status and points are not earned on these purchases. You must provide your Beauty Insider e-mail address to have any points credited to your Beauty Bank.
Subject to the Termination provision of these Terms, points do not expire. Points may be redeemed for rewards (“Rewards”) to be determined by Sephora in its sole discretion; provided, however, that in order to redeem your points for any Reward, you must (1) accumulate a minimum number of points as established by Sephora and (2) make an additional purchase of merchandise from Sephora at the time that you redeem your points. Program members are able to redeem no more than one of each Reward per transaction. Program members cannot redeem more than 10 of any one unique Reward sku per year. Points have no cash value and can only be redeemed for Rewards. Sephora may, in its discretion, allow points to be redeemable for other items of merchandise from time to time. However, points are never redeemable for cash.
Rewards are available with point redemption while supplies last and substitutions by Sephora may occur. If your online order is not completed during the same visit, the Rewards will be removed from your shopping basket and may no longer be available. You are not required to redeem a Reward during checkout. Due to the limited nature of the free deluxe Rewards, we regret that we are unable to reship Rewards if they arrive damaged, if you received the wrong one or if one is missing from your order. In the event a Reward arrives damaged, you received the wrong one, or one is missing from your order, please contact Sephora customer service or visit your local Sephora store. Otherwise, Rewards may not be returned or exchanged. Rewards are shipped with merchandise purchases ONLY. The retail value of the Reward does not count toward Sephora’s free shipping threshold.
3. The Rewards Bazaar Offers
Sephora may offer Rewards through the Beauty Insider Rewards Bazaar in exchange for a certain number of accrued Reward points ranging from 100 points to 50,000 reward points from time to time and at its sole discretion. The Rewards Bazaar offers are for a limited time, while supplies last, and provided on a first-come, first-served basis. Quantities of each Reward are limited and client must be a registered Beauty Insider in order to redeem Rewards Bazaar offers. Beauty Insider members may only redeem one of each reward per transaction and must have the sufficient number of Beauty Insider points available at time of redemption. Points will be deducted at time of redemption.
Rewards valued between 100 and 500 points may be available for redemption in stores without merchandise purchase, but require merchandise purchase if redeemed online. Rewards valued at 750+ points are offered online only, do not require a merchandise purchase, and are provided with free standard shipping. 750+ Rewards redeemed without a merchandise purchase are not eligible for free samples and cannot be used in conjunction with other promotion codes or discounts during checkout. Beauty Insider points will be re-credited if a 750+ point reward is canceled by Sephora.
Rewards are non-transferable, have no cash value (unless required by law) and cannot be exchanged, sold or returned. Sephora is not responsible for lost, stolen or damaged rewards. Sephora and Sephora brands are not responsible for any taxes incurred by clients or guests. Some rewards may only be available to residents of a particular country (e.g., U.S. only or Canada only). Employees of Sephora or SiJCP are not eligible to redeem any rewards valued at 750+ points. Rewards are subject to change, alteration, substitution, or termination by Sephora in its sole discretion at any time. See specific Reward offers for any additional terms and conditions.
4. Very Important Beauty Insider (VIB)
Very Important Beauty Insider (VIB) status is conferred on those registered Beauty Insider members who spend a minimum of $350 on merchandise (excludes the purchase of e-gift cards, gift cards, taxes and/or shipping) online, in U.S. and Canadian Sephora stores, and in Sephora inside JCPenney stores only during one calendar year (January-December). Sephora purchases on jcpenney.com do not qualify for tier status and points are not earned on these purchases. VIB status is good for the calendar year in which the BI member qualifies and the following full calendar year; after that, annual requalification is required. Sephora may, in its sole discretion, alter, limit, or modify the VIB program rules, regulations, benefits, eligibility for membership, or any other feature of the VIB program or may terminate the VIB program at any time in its sole discretion, without prior notice.
5. Very Important Beauty Insider Rouge (VIB Rouge)
VIB Rouge status is conferred on those registered Beauty Insider members who spend a minimum of $1,000 on merchandise (excludes the purchase of e-gift cards, gift cards, taxes and/or shipping) online, in U.S. and Canadian stores, and in Sephora inside JCPenney stores during one calendar year (January-December). Sephora purchases on jcpenney.com do not qualify for tier status and points are not earned on these purchases. VIB Rouge status is good for the calendar year in which the BI member qualifies and the following full calendar year; after that, annual requalification is required. Sephora may, in its sole discretion, alter, limit, or modify the VIB Rouge program rules, regulations, benefits, eligibility for membership, or any other feature of the VIB Rouge program or may terminate the VIB Rouge program at any time in its sole discretion, without prior notice.
6. 10% VIB Welcome Offer
New VIB members, VIB members who requalify for VIB, and VIB Rouge members who are in their requalification year (once they reach a $350 spend) will receive a 10% discount offer. Offer valid for 21 days after date of issuance in stores and online in the US and Canada and Sephora inside JCPenney stores. Not valid on international shipments or on jcpenney.com. Discount applies to merchandise only, not value of gift cards purchased, packaging, applicable taxes or shipping & handling charges. No adjustments on previous purchases. Merchandise quantities may be limited. Must be registered VIB member in good standing to redeem. Non-transferable. Cannot be combined with any other offers or employee discount. Offer subject to change, alteration, or termination by Sephora in its sole discretion at any time.
7. Free Make Over VIB Welcome Offer
New VIB members, and VIB members who requalify for VIB will receive a Free Make Over offer. Offer is valid for one time use within 90 days from VIB qualification date at Sephora stores in the US and Canada and Sephora inside JCPenney stores. An appointment is required and is subject to store availability and scheduling. Offer has no value and is not redeemable for merchandise. Offer is non-transferable. Offer subject to change, alteration, or termination by Sephora in its sole discretion at any time.
8. Free Shipping VIB Welcome Offer
New VIB members, and VIB members who requalify for VIB will receive a Free Standard Shipping offer. Offer valid for one-time use 60 days after date of issuance online in the U.S. and Canada. Not valid on international shipments or on jcpenney.com. Not valid for cash or cash equivalent. No adjustments on previous purchases. Offer is non-transferable. Cannot be combined with any other offers or employee discount. Offer subject to change, alteration, or termination by Sephora in its sole discretion at any time.
9. VIB Rouge Welcome Kit
New VIB Rouge members, and VIB Rouge members who requalify for VIB Rouge will receive a welcome kit. Welcome kit is redeemable in store or online in the U.S. and Canada and at Sephora inside JCPenney stores with any merchandise purchase. Not valid on jcpenney.com. Limit one gift per person, per year, while supplies last. Offer is non-transferable. Substitutions may occur. Offer subject to change, alteration, or termination by Sephora in its sole discretion at any time.
10. VIB Rouge Free Shipping Offer
VIB Rouge members will receive free standard shipping on all online purchases in the U.S. and Canada. Offer not valid on international shipping or on jcpenney.com. Client must check out with valid VIB Rouge account to receive free shipping option. Not valid for cash or cash equivalent. No adjustments on previous purchases. Offer is non-transferable. Offer subject to change, alteration, or termination by Sephora in its sole discretion at any time.
11. VIB Rouge Unlimited Make Overs Offer
VIB Rouge members will receive unlimited make overs at Sephora stores in the U.S. and Canada and Sephora inside JCPenney stores. An appointment is required and is subject to store availability and scheduling. Offer has no value and is not redeemable for merchandise. Offer is non-transferable. Offer subject to change, alteration, or termination by Sephora in its sole discretion at any time.
If you apply for Membership in the Program at a Sephora Inside JCPenney (“SiJCP”) store operated by J. C. Penney Corporation, Inc. (“JCPenney”) or you exercise your Membership privileges at a SiJCP store, the personal information collected from you will be used and disclosed by Sephora as indicated above, but Sephora will also need to share that personal information with JCPenney so you can enjoy the benefits of your Membership and the Program at any SiJCP store. This sharing will permit you to earn points on your purchases at SiJCP stores, redeem points at SiJCP stores and redeem birthday gifts and other rewards offered by the Program from time to time. JCPenney has agreed that any information obtained about you by JCPenney through your application for the Program or your use of your Membership at a SiJCP store (“SiJCP Information”) will be used only to administer the Program, for internal analysis and to help Sephora communicate with you by email or direct mail (unless you have unsubscribed from email or direct mail from Sephora). JCPenney may also share SiJCP Information with its service providers solely to perform the above functions related to the Program at SiJCP, subject to an agreement from such service providers to keep the SiJCP Information confidential. JCPenney has also agreed that it will not otherwise use, rent, sell or share the SiJCP Information.
13. Opting Out of Information Sharing with JCPenney
If you do not wish to have the SiJCP Information made available to JCPenney, you should register for the Program at www.sephora.com or at any Sephora retail store, but not a SiJCP store, and you should not exercise your Membership privileges at a SiJCP store.
14. Communications with Sephora
By submitting an application for Membership in the Program, you agree (or, if you are a minor, your parent or legal guardian agrees) to receive advertising, marketing materials and other communications from Sephora. By signing up to join the Program, you will automatically be subscribed to receive Program emails.
15. Opting Out of Communications with Sephora
If you do not wish to receive these communications, you can request that they be discontinued by updating your client profile at www.sephora.com or www.sephora.ca or by calling 1-877-SEPHORA (1-877-737-4672). If you use your Membership at a SiJCP store and your client profile indicates that you have not unsubscribed from receipt of advertising, marketing materials and other communications from Sephora, JCPenney may help Sephora send those communications.
16. Changes, Termination And/Or Removal From Program
Sephora may, in its sole discretion, alter, limit, or modify the Program rules, regulations, benefits, eligibility for Membership, or any other feature of the Program (including assigning any of its obligations to customers under the Program at any time to another person or entity, without recourse) or may terminate the Program any time at its sole discretion, by posting any such changes on the Sephora website. YOUR CONTINUED USE OF THE WEBSITE FOLLOWING SUCH CHANGES CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES.
Sephora reserves the right to exclude individuals from the Program in its sole discretion. Any abuse of the Program, failure to follow any terms of the Program, Membership inactivity for more than 24 months, any misrepresentation or any conduct detrimental to the interests of Sephora may subject members to Membership revocation and will affect eligibility for further participation in the Program. Membership is non-transferable and Membership purchases must be made by the member. If your Membership is revoked or otherwise cancelled, any points in your account will automatically expire. Sephora reserves the right to make changes to its Web site and these Terms at any time. It is your responsibility to check or review these Terms from time to time to keep informed of any changes. By joining the Program, you hereby agree to be bound by any such changed Terms.
17. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, SEPHORA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION OR MEMBERSHIP IN THE PROGRAM, INCLUDING DAMAGES ARISING OUT OF CHANGES TO OR TERMINATION OF THE PROGRAM. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. TO THE EXTENT PERMITTED BY LAW, THE LIMITATIONS ON SEPHORA'S LIABILITY SET FORTH HEREIN SHALL APPLY WHETHER FOR BREACH OR REPUDIATION OF CONTRACT, OR WHETHER IN TORT, CIVIL LIABILITY BY WAY OF NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BY AGREEING TO THESE TERMS, YOU WILLINGLY AGREE (OR, IF YOU ARE A MINOR, YOUR PARENT OR LEGAL GUARDIAN WILLINGLY AGREES) THAT YOU HAVE RELINQUISHED YOUR RIGHT TO SEEK THESE DAMAGES FROM SEPHORA AND THAT THIS IS A REASONABLE ALLOCATION OF RISK. THIS PROVISION DOES NOT APPLY TO NEW JERSEY RESIDENTS.
All Program design, text, graphics, logos, button icons, images, audio clips, the selection and arrangement thereof, and all proprietary software is Copyright (c) 1999-2016 Sephora USA, Inc., ALL RIGHTS RESERVED. The compilation (meaning the collection, arrangement and assembly) of all Program content is the exclusive property of Sephora and protected by U.S. and international copyright laws. All software used in connection with the Program is the property of Sephora or its software suppliers and is protected by U.S. and international copyright laws. Unless otherwise indicated on a particular part of the Program materials, permission is granted to electronically copy and to print in hard copy portions of the Program materials for the sole purpose of accessing the Program and the services provided therein for personal use. Any other use of Program materials - including reproduction, modification, distribution, republishing, transmission, display or performance - without the prior written permission of Sephora is strictly prohibited.
Sephora.com, and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of Sephora and may not be used in connection with any product or service that is not offered by Sephora in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Sephora. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
20. Resolving Disputes
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 email@example.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.
TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND SEPHORA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PROGRAM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. The preceding sentence does not apply to New Jersey residents.
21. Agreement to Arbitrate Disputes
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.
IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
WE BOTH AGREE TO ARBITRATE: You and Sephora agree to resolve any claims relating to this Program through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate Sephora’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances Sephora may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site, 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 this Program shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures. If there is a conflict between JAMS Rules and the rules set forth in this Agreement to Arbitrate, the rules set forth in this Agreement to Arbitrate 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 Sephora 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 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, except that for claims of less than $1,000, you will be obligated to pay $25 and Sephora will pay all other administrative costs and fees. In addition, for claims of less than $1,000, Sephora will reimburse you for the $25 fee if the arbitrator rules in your favor. Arbitration under this agreement shall be held in the United States county where you live or work, California, or any other location we mutually agree to, subject to California law. 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 Sephora, 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 the Program 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 Sephora.
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 Sephora in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND SEPHORA 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 AGREEMENT TO ARBITRATE.
OPT-OUT OF AGREEMENT TO ARBITRATE: You can decline this agreement to arbitrate by emailing Sephora at firstname.lastname@example.org and providing the requested information as follows: (1) Your Name; (2) the URL of the Program terms and Agreement to Arbitrate Disputes; (3) Your Address; (4) Your Phone Number; (5) and clear statement that you wish to opt out of this arbitration provision in the Terms. The Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms by signing up for the Program.
22. Choice of Law/Forum Selection
In any circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, these Program Terms shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in San Francisco County, California.
The provisions of this Program are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by Sephora, or alternatively, by disposition of an arbitrator or a court of law. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from the Program Terms without affecting the validity, legality or enforceability of any of the remaining provisions.
24. Additional Information on the Program
If you have any questions regarding the Program, you may call 1-877-SEPHORA (1-877-737-4672).