Sales and Shipping Policies

 
Please review the sales AND SHIPPING policies below before making a purchase through a site operated by Jafra COSMETICS INTERNATIONAL, INC., including without limitation, the website found at www.jafra.com (referenced herein as the “sITE”).  THESE POLICIES apply to your purchase of products offered on OR THROUGH this site by Jafra AND ITS PARENT and affiliates (referenced herein as “WE” or as “JAFRA”).  By submitting your order, you certify that you have read, understand, and agree to these policies.
 
  1. Legal Age Requirement. You must be 18 years of age (or the legal age of majority), or older to purchase items from this Site.  By placing an order through the Site, you represent that you are at least 18 years old (or the legal age of majority) and that the person to whom any product will be delivered is also 18 years old (or the legal age of majority).  Jafra reserves the right to request any buyer to provide written proof of age in any form.  At the time of delivery, any shipment containing a product may require further the signature of an adult possessing valid picture identification issued by a government agency proving that he or she is at least 18 years old.
 
  1. Shipping Restrictions.  We ship all products in accordance with applicable federal and state laws. 
 
  1. Shipping and Deliveries.  Shipping fees for each order and any other taxes and/or fees due will be calculated at the time of check-out.  Special shipping and handling and/or insurance charges may apply for certain items, as noted on the Site.
 
As noted above, an adult signature (i.e., by someone over the age of 18) may be required by law for all deliveries and proof of age will be verified by delivery carrier.  If no one is available to receive the package, a subsequent delivery attempt may be made.  If subsequent attempts are unsuccessful, your order may be returned to the shipping center from where it was shipped or left at address.  Additional shipping fees may apply to reship undeliverable packages.  If proof of age cannot be verified (when required), or if the shipment is otherwise undeliverable, the buyer must pay for all return shipping costs.  Under these circumstances, Jafra reserves the right to charge a restocking fee of up to ten percent (10%) of the purchase price for returned products.
               
Title of all products sold shall be transferred to the buyer at the time payment is made.  Title transfer occurs in the State of Texas.  By purchasing products through the Site, the buyer authorizes Jafra to act on your behalf in processing and shipping the order and to engage a common carrier on your behalf for shipment of product unless buyer states otherwise in writing to Jafra.
 
Neither Jafra nor the delivery carrier (subject to such carrier’s owns policies) is responsible for damage to items caused during shipping, including but not limited to damage related to weather and climate changes.  Notwithstanding the foregoing, if a product is received damaged, you must contact Jafra at JAFRACares@jafra.com within three (3) calendar days after delivery.   Jafra will consider your timely request for a replacement, in its sole discretion. 
 
  1. Orders. The cost of each product will be specified on the Site along with any discounts or special shipping and handling charges, if applicable.  Price and availability are subject to change without notice.  All transactions are void where prohibited by law.  You agree to pay for all products ordered through the Site (including applicable taxes and shipping and handling) using the payment method indicated.  You also agree to provide express authorization to Jafra to charge said fees to your payment provider at the time of purchase.  Orders placed on the Site are not final until confirmed by Jafra.  Jafra requests a billing address that corresponds to the credit card you are using.  If the billing address does not match the credit card, Jafra will attempt to notify you and the order will not be processed until a correct billing address is provided.
 
  1. Taxes.  All orders are subject to applicable taxes in the states to which they are shipped. 
 
  1. Order Confirmation.  We will send order confirmation to you via the e-mail address that you provide when setting up an account with us and/or submitting your order.  You will receive order confirmation emails and other service-related emails from us even if you have opted not to receive promotional email messages from us.
 
  1. Discounts and Promotions.  Any applicable discounts or promotional prices will be noted at the time of purchase on the checkout page for your order.
 
  1. Order Cancellation Policy. All sales are final unless otherwise expressly provided herein or as may be required under applicable law.  No refunds, substitutions, exchanges, or credits will be made.  Cancellation of your order will be accepted if your cancellation request is received within twenty-four (24) hours of placing your order or until the time that your order is shipped, whichever is earlier.  To cancel your order, contact Jafra at [JAFRACares@jafra.com].
 
  1. Return or Exchange Policy.  In the event you are unsatisfied with your product, a replacement or exchange may be processed within 30 days of the purchase date subject to availability and the following conditions.  Exchanges may be made only for products of equal or lesser value.  If you would like to exchange for a product of greater value, you will be charged the difference between the original purchase and the replacement product.  Exchanges of products purchased within a fixed set may only be exchanged for the same product.
 
  1. Recurring Shipping Programs. All automatic recurring shipping programs that may be offered through this Site are subject to any additional terms and conditions specified at the time of enrollment.  When you enroll in any recurring shipping program, you authorize Jafra to automatically charge the billing source you have provided per the shipping schedule indicated until the program ends or you cancel your enrollment, as applicable.
 
  1. Limitation of Liability.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JAFRA AND ITS PARENT AND AFFILIATES DO NOT ACCEPT OR ASSUME LIABILITY FOR ANY PRODUCT OR USE OF THE PRODUCT, INCLUDING WITHOUT LIMITATION, LIABILITY FOR A PRODUCT NOT BEING AVAILABLE FOR USE, LOST PROFITS, OR LOSS OF BUSINESS.  IN ADDITION, JAFRA AND ITS PARENT AND AFFILIATES WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.  YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, JAFRA AND ITS PARENT AND AFFILIATES ARE NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT INVOICED OR CHARGED FOR THE APPLICABLE PRODUCT.
 
  1. Disclaimer of Warranties.  JAFRA AND ITS PARENT AND AFFILIATES MAKE NO WARRANTY OF ANY KIND REGARDING THE PRODUCTS AVAILABLE FOR SALE ON THE SITE.  EACH PRODUCT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  REGARDING THE PRODUCTS, JAFRA AND ITS PARENT AND AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.  Some states do not allow the limitation of liability and disclaimer of implied warranties, so the disclaimers and limitations above may not apply to you.
 
  1. Governing Law.  These policies and any sales hereunder shall be governed by the laws of the State of Delaware, without regard to its conflict of laws rules.