Terms and Conditions
Posted and Effective: March 1, 2009
Belletaré LLC (“Belletare”) offers this website www.belletare.com (“Website”) to you, the user, conditioned upon your acceptance of the following Terms and Conditions (“Terms”) and the Security and Privacy Policy (“Policy”) found through our Privacy Policy link at the bottom of each page (collectively referred to as the “Agreement”). By using the Website, you signify your acceptance of the Terms and Policy and any subsequent modifications to either. Belletaré may revise the Terms and Policy from time to time by updating either posting with the new terms taking effect on the date of posting. You should review the Terms and Policy every time you use this Website as they are binding upon you.
Permitted Use
You must be at least eighteen (18) years of age to use the Website, including placing orders. If you are under eighteen (18) years of age, you may only use the Website with a parent or guardian.
Unless Belletaré provides and you have access to its commercial Wholesale page, you may access and use the Website for personal, noncommercial purposes only. As a condition to your continued use of the Website, you warrant to Belletaré that you will not use the Website for any purpose that is unlawful or prohibited by this Agreement. Belletaré reserves the right to refuse service, terminate memberships or accounts, cancel promotions and special offers, or cancel orders in its sole discretion.
Where customized notes or salutations are allowed to be included by customers as part of special occasion gift wrapping, Belletaré reserves the right to refuse to print language it deems offensive and the names of persons under the age of eighteen (18) without the consent of a parent or guardian.
You acknowledge and agree that testimonials, photos, etc. (whether my mail, fax, or email) sent to Belletaré grants Belletaré at no cost a perpetual, irrevocable, universal license to use, reproduce, transmit, modify, adapt, publish, display and/or distribute such material(s) in whole or in part and to incorporate in any form, media, or technology. By submitting such items, you represent and warrant that you have the authority to grant such rights and that the content will not violate any right of any third party, including but not limited to copyright, trademark, and privacy rights.
Our Commitment to Privacy
Your privacy is important to Belletaré. To better protect your privacy Belletaré provides a Security and Privacy Policy explaining its online information practices and the choices you can make about the way your personally identifiable information is collected and used. To make this notice easy to find, it is made available on the homepage and at every point where personally identifiable information may be requested. This Security and Privacy Policy applies only to information collected by this website.
Promotions and Special Offers
All “Promotions and Special Offers” that you may receive from Belletaré are time limited whether or not an expiration date is provided in the Promotion or Special Offer. Promotions and Special Offers may include, but are not limited to, coupons, price discounts, gifts with purchase, free shipping and free special occasion gift wrapping. Unless otherwise provided in the Promotion or Special Offer, all Promotions and Special Offers expire within ten (10) days of issuance by Belletaré whether or not an issuance or expiration date is expressly stated in the Promotion or Special Offer. Unless otherwise provided in the Promotion or Special Offer, each Promotion and Offer is limited to one use per customer and limited in quantity to ten (10) items per SKU (or UPC Number) per customer. Belletaré is happy to consider requests for application of a specific Promotion or Offer to greater quantities, but such application must be pre-approved in writing by Belletaré to be accepted. Belletaré reserves the right to cancel any Promotion or Special Discount at any time, including prior to any stated expiration date, by posting a notice of cancellation or early cancellation on its Website.
Product Orders and Shipment
All products purchased through the Website are billed directly by Belletaré utilizing merchant account services provided by its bank and shipped directly by Belletaré or its third-party fulfillment center. Any applicable taxes and/or shipping and handling charges are billed and must be paid at the time of order. Shipping & Handling charges typically apply unless a waiver or special offer applies to your order. Depending upon the shipping origination, taxes may also apply. For international orders, any applicable duties and taxes must be paid by the recipient at the time of delivery.
Belletaré accepts most major credit cards, including American Express, Mastercard and Visa for online, direct and mail orders. At this time, Belletaré does not accept other forms of payment (i.e., cash, checks or money orders). Belletaré may accept business checks for pre-approved Wholesale orders. At this time Wholesale orders must be placed through customer service rather than through this Website.
If placed on a business day, valid orders received by 2:00 p.m. Mountain Time will generally be shipped the same day. Orders processed on weekends or after 2:00 p.m. Mountain Time on business days will generally ship the following business day.
All items are currently shipped via Belletaré's preferred carrier Fedex. Belletaré's standard delivery method is Fedex ground which is typically three (3) to five (5) business days from shipment date, although that can vary depending upon shipping destination. Belletaré may or may not offer other carrier options beyond its preferred carrier and may add or substitute carriers, including changing preferred carriers, at any time. Shipping costs are based upon the size, weight and/or destination of the package and are calculated at the time of order based upon the shipping carrier.
Generally, Belletaré is able to take international orders if a valid and complete international address, including zip code, is provided by the customer in the order. Because of varying international regulations, Belletaré cannot guarantee that it can ship to all countries at any one particular time. Belletaré will notify you if it is not able to ship to the country you choose. As noted above, international shipping rates will apply and, if applicable, duties and taxes must be paid by the recipient of the merchandise at the time of delivery. Also, please note that exchange rates are determined and calculated by your credit card company.
You can check the status of an order in one of three ways. You can always contact our customer service department. See our Contact Us page. If you provided a valid email address at the time of order and later received an email from us with shipping tracking information, you can track your order following instructions in that email. If you signed-up for VIP Club Membership, you can track your order through your membership account.
Order Cancellations, Modifications and Errors
Upon your timely request, we are happy to modify or cancel an order by phone at no additional charge if the order is on hold or has not yet been processed for shipping at the time we receive your request. If the order has been processed for shipping, you may need to follow Belletaré's return process provided below.
Upon your timely request and at Belletarés sole discretion, Belletaré may be able to assist with order shipment redirection after an order has been processed subject to a $7.00 redirection fee which may be charged to your credit card. Redirection may include the following: change of address after order is complete; order redirected by customer after shipping (such as leaving a note on your door to send the package elsewhere); and order shipped to an incorrect addresses provided by customer.
Please call or email customer service as soon as possible and note that orders placed on a business day before 2:00 p.m. Mountain Time ship the same day, otherwise they ship the following business day.
Returns
Unused/unopened product can be returned to Belletaré within twenty (20) days of shipment date for a refund of the original purchase price minus a restocking fee. Shipping and handling (and for international returns, duties and taxes) are non-refundable. All returns must: 1) be pre-authorized with a Return Authorization number by contacting: customerservice@belletare.com; 2) include a completed Return Form available below ; and 3) must be mailed
to the return address listed below and on the Return Form. Belletaré is unable to process exchanges or to provide store credits at this time.
While not unreasonably withheld, all refunds are subject to approval. Please note that, incomplete return information may delay processing a refund of your order.
Shipping fees to return items are your responsibility, and packages with insufficient postage will be refused. Belletaré is not responsible for lost returns. For your own protection, you should insure your package(s). All Returns are subject to inspection and approval before processing.
To receive refunds for defective or unsatisfactory products, please send your request within twenty (20) days of the shipment date to our customer service department. Refund approval is at Belletaré's discretion and may require product inspection. Click here to Contact Us.
To receive refunds on products purchased at your local retailer or on other websites, please contact those entities.
So that Belletaré may better serve you and others in the future, please let Belletaré know the reason for any returns, either on the Return Form or through one of the methods listed on the Contact Us page on this Website.
Lost Merchandise
“Lost Merchandise” is defined as merchandise lost in transit by the carrier based upon carrier or Belletaré error and not based upon incorrect information provided by customer. Merchandise confirmed by us as Lost Merchandise, will be replaced upon such confirmation Belletaré reserves the right to refuse replacement if customer fails to clearly notify Belletaré in writing within twenty (20) days of customer’s order date that merchandise may be lost in transit. Belletaré also reserves the right to provide a full refund rather than replace the merchandise if the merchandise is out of stock or discontinued. Belletaré will be responsible for notifying the carrier and filing any necessary claims with the carrier regarding Lost Merchandise replaced or refunded.
Refusals
Refused shipments will incur a ten (10%) percent restocking fee plus any shipping or freight charges accrued as a result of the refusal shipment. Orders refused as a result of an error on the part of Belletaré or its third party fulfillment center will not incur the above-referenced fees.
Credit Card Chargeback/Disputes
If you feel that you have somehow been billed incorrectly or there was a problem with your order, please Contact Us first. Belletaré takes theft of its merchandise very seriously. If you place a chargeback with your credit card company (on purpose or by mistake) for an order that you placed and received, there will be a $75.00 research fee charged to your account upon reversal of the chargeback by Belletaré's merchant provider to cover investigative expenses proving that you did make the purchase and that you did receive it.
Disclaimer of Warranties
Belletaré does not warrant that the Website or its operation will be uninterrupted or error free. If your use of the Belletaré Website results in the need for servicing or replacing property, material, equipment or data, Belletaré is not responsible for those costs. No agent or representative has the authority to create any warranty regarding the Website on behalf of Belletaré. Belletaré reserves the right to change or discontinue at any time any aspect or feature of the Website. Belletaré does not assume any liability for the contents of any material provided on the Website. Reliance on any information presented on the Website is at your own risk.
You acknowledge that, in connection with the Website, information will be transmitted over local exchange, interexchange and Internet backbone carrier lines and through routers, switches and other devices owned, maintained and serviced by third party local exchange and long distance carriers, utilities, internet service providers and others, all of which are beyond the control of Belletaré. Accordingly, Belletaré assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the Website.
Without limiting the foregoing, everything on the Website is provided to you "as is" and "as available" without warranty of any kind, either expressed or implied.
Limitation of Liability
In no event shall Belletaré be liable for any costs, damages, including consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use or inability to use the Belletaré Website or the content of the Website. Belletaré shall be liable to you only for gross negligence or willful misconduct and only to the extent of actual damages incurred by you, not to exceed U.S. $500.00 (five hundred dollars). Remedies under this agreement are exclusive and are limited to those expressly provided for in this agreement.
Indemnification
You agree to defend, indemnify and hold Belletaré, its officers, directors, employees and agents, licensors and suppliers harmless from and against any claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Website in a manner that violates or is alleged to violate this Agreement. Belletaré shall provide you with prompt notice of any such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.
Links/Advertisements
The Website may link to other sites operated by third parties. The inclusion of any link to such sites does not imply endorsement by Belletaré of the sites, but is for your reference and convenience only. Belletaré may not have reviewed all of the sites linked to the Website and is not responsible for the content or accuracy of any off-site pages or any other sites linked to Belletaré nor does Belletaré recommend or endorse any specific tests, products or procedures that may be mentioned on or represented in advertisements on the sites. Linking to any other off-site pages or other sites is at your own risk and subject to the Terms and Conditions of any hyper-linked site.
Hyperlinks to the content on Website are not permitted without our prior-written consent. Under no circumstance may you "frame" the Website or any of its content or copy portions of the Website to a server, except as part of an internet service provider's incidental caching of pages.
Copyrights
Except where another’s ownership is expressly noted on the Website, Belletaré owns all material contained on the Website (including all software, HTML code, Java applets, Active X controls and other code). For copyrighted materials on the Website that are expressly noted to be owned by another, Belletaré has acquired the right to use such material. Except as otherwise expressly provided in herein, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, rewrite, create derivative works from, transfer, or sell any material contained on the Website without the prior written consent of the copyright owner. You agree not to modify any documents, graphics, images or other material found on this Website.
You may, however, make single copies of materials displayed on the Website for your own personal and noncommercial use only, provided any copies include the copyright and other notices displayed with the materials on the Website. You may not distribute such copies to others, whether or not for a charge or other consideration, without prior written consent from Belletaré or the copyright owner of the copied material.
None of the material contained on the Website may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of Belletaré.
All content of the Belletare Website is: Copyright © Belletare LLC All rights reserved.
Trademarks
Belletaré, the Belletaré logo, and other Belletare trademarks, service marks, logos, or slogans used on the Website are trademarks or registered trademarks of Belletaré. You may not use the Belletaré, marks without prior written authorization from Belletaré. By using the Website, you acknowledge that the Belletaré marks are valid trademarks. Third party trademarks used on the Website are the property of their respective owners.
Termination
You agree that Belletaré may terminate your use of the Website, if Belletaré reasonably believes that you have violated or acted inconsistently with the letter or spirit of this Agreement or violated the rights of Belletaré or any third party, or for any reason with or without notice to you. You agree that Belletaré may modify or discontinue the Website, with or without notice to you, and that Belletaré will not be liable to you or any third party as a result of such modification or discontinuation.
Survival
The provisions entitled "Disclaimer of Warranties," "Limitation of Liability," "Indemnification," “Copyrights”, “Trademarks," and General Provisions will survive termination of this Agreement.
General Provisions
You expressly agree that exclusive jurisdiction for any dispute with Belletaré, or in any way relating to your use of the Website ("Legal Action") resides in the courts of Denver County, State of Colorado. You further agree and expressly consent to jurisdiction in the courts of the State of Colorado in connection with any such dispute. Any Legal Action that is subject to the jurisdiction of federal courts shall be instituted in a federal court in the State of Colorado. This Agreement is governed by the substantive laws of the State of Colorado, without regard to its conflict of law principles. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Agreement, which shall remain in full force and effect. No waiver of the provisions of this Agreement shall be deemed a further or continuing waiver of such provision or any other term or condition. Any cause of action you may have with respect to Belletaré must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred.
Notice
Belletare may deliver notice to you under this Agreement by means of electronic mail, a general notice on the Belletaré Website, or by written communication delivered by first class U.S. mail to your address on record in Belletaré information. You may give notice to Belletaré at any time by electronic mail, first-class U.S. mail, postage prepaid thereon, or overnight courier to the following address:
Belletaré LLC
191 University Boulevard, #305
Denver, CO 80206
Email: customerservice@belletare.com
Acceptance of These Terms
By using our website, you agree to this Agreement. If you do not agree, please do not use this website. We reserve the right to change the Terms and Policy at any time. Your continued use of this website following the posting of changes to our Terms and/or Policy will signify your acceptance of those changes. We suggest that you bookmark this page and our Privacy Policy page and check to see if it has changed from time to time.
How to Contact Us
Should you have other questions or concerns about this Agreement, please call us at 303-316-0322 (or toll free 1-888-316-4569) or send us an email at customerservice@belletare.com