ARBITRATION AND CLASS WAIVER NOTICE
Shipping Protection Service. BIG has implemented a Shipping Protection Program (“Program”) to provide Customers with Shipping Protection in connection with products (“Products”) purchased on BIG’s websites. Shipping Protection is offered as a service on BIG’s websites, allowing BIG to provide Customers with an option to purchase Shipping Protection as an add-on to Product purchases totaling two thousand dollars $2,000.00 or less.
Verification of Loss of Damage. In the event of loss, damage, or theft during shipment of Product purchased by Customer on BIG’s website(s), and upon verification in BIG’s sole discretion that the Product was actually lost, damaged or stolen, Customer will be provided (at Customer’s election) with either (a) full replacement of the Product purchased by Customer and shipped by BIG up to a retail value of $2000.00, or (b) a refund in the amount of the purchase price paid by Customer for the Product up to a purchase price of $2000.00. For the avoidance of doubt, under no circumstances shall BIG refund the price paid by Customer for Shipping Protection.
Shipping Protection Fees. Shipping Protection fees charged by BIG shall be a percentage of the total price of the accompanying Product(s) purchased by customer. Shipping Protection fees may vary from time to time, be changed in BIG’s sole discretion, and may differ on BIG’s various websites. BIG retains the absolute right to revise Shipping Protection fees at any time. In addition, Shipping Protection fees are non-refundable.
No Insurance. Both Customer and BIG agree and acknowledge that the relationship between them is contractual only and is not that of an insurer and insured. In addition, the value of Shipping Protection coverage is not and shall not constitute insurance of any kind whatsoever.
Procedure for Shipping Protection.
Timely and Complete Notice of Claim. Customer must provide BIG with Timely Notice of a claim under the Shipping Protection Program. Timely Notice is defined below for each of a loss, damage, or theft claim (each individually a “Claim”).
Loss Claims: Must be filed no earlier than seven (7) days from the anticipated delivery date (as evidenced by shipment tracking data provided by BIG or its authorized third-party provider) and no later than thirty (30) days from the date of the last scan in the package tracking data (as evidenced by shipment tracking data provided by BIG or its authorized third-party provider).
Theft & Damage Claims: Must be filed fifteen (15) days from the actual delivery date (as evidenced by shipment tracking data provided by BIG or its authorized third-party provider).
Upon receiving a timely Claim notice, BIG will respond to Customer as soon as reasonably practicable. Customer may be required to provide information, documentation and evidence that purchased Product was lost, damaged or stolen. Such information and evidence may include proof of purchase, photographs, Customer’s shipment tracking records, and with respect to theft, copies of any report(s) filed with Customer’s local law enforcement agency. Customer agrees to provide any additional information or documentation as may be reasonably requested by the BIG.
Acceptance of Claim. In the event BIG accepts Customer’s Claim, BIG shall provide Customer with the option of either (a) full replacement of the Product purchased by Customer up to a retail value of $2000.00, or (b) a refund in the amount of the purchase price paid by Customer for the Product up to a purchase price of $2000.00.
Product Replacement. In the event that BIG determines that it will replace a lost, damaged, or stolen Product, BIG will select, in its sole discretion, the method of processing and shipping the replacement Product.
Product Refund. In the event that BIG determines that it will issue a refund to Customer for the purchase price paid for the Product, BIG will issue the refund to Customer using the payment method used by customer to purchase the original Product, including, but not limited to credit card, PayPal, Affirm, etc. For the avoidance of doubt, only the purchase price paid for Product may be refunded. Under no circumstances shall the purchase price for Shipping Protection be refunded to Customer.
Untimely Notice. In the event that Customer fails to provide timely notice of a Claim as described herein, BIG shall have no obligation to provide any benefit, including Product replacement or refund to Customer, and Customer shall not be provided with any benefit of Shipping Protection.
Ownership of Original Product After Shipping Protection Fulfillment. Customer agrees that for any lost, damaged or stolen Product for which BIG has accepted and fulfilled a Claim (either by providing a refund or replacement product), such lost, stolen or damaged Product(s) will be deemed the property of BIG. Accordingly, Customer agrees to ship to BIG any (A) damaged Products or items, or (B) any previously lost or stolen Product, if the Customer comes into possession of such lost or stolen Product. Customer further agrees that BIG shall have the right to take any actions it deems appropriate to track any lost or stolen Product and in the event that BIG comes into possession of such Products or items, BIG will be deemed the sole and exclusive owner of such Product.
Claim Content. BIG’s Shipping Protection Claim submission webpage may allow Customer to submit information, comments, feedback, messages, photographs, evidence, and other information pertinent to Customer’s Claim (“Claim Content”). Customer represents and warrants that Claim Content is not false, inaccurate, misleading, a violation of any law, an impersonation of, and does not purport to impersonate, another person or entity, or a virus or other harmful computer code, and does not contain a virus or other harmful code.
DISPUTE RESOLUTION, ARBITRATION, AND CLASS WAIVER
Arbitration of Disputes. IF ANY DISPUTE ARISES BETWEEN COMPANY AND YOU RELATING TO THE USE OF THIS WEBSITE OR ANY PRODUCTS OR SERVICES PURCHASED OR RECEIVED BY YOU, WE BOTH AGREE THAT THE DISPUTE WILL BE SETTLED ONLY THROUGH ARBITRATION. This means that neither Company nor you will sue in court before a judge or jury, individually or as a class member. Instead, one arbitrator will decide the dispute, and the arbitrator’s decision will be final except for a limited right of appeal under the Federal Arbitration Act. The arbitrator may award declaratory or injunctive relief only for the individual claims between us.
The following processes shall govern the arbitration process:
- • The arbitration will take place in Salt Lake City, or, at your election, in the county seat of the county within the USA where you reside.
- • Before commencing an arbitration, you agree to inform us of the nature of the claim and the relief you seek by sending an email to email@example.com so stating.
- • Within seven (7) days, we will contact you and thereafter you and we will attempt to resolve the claim or issue in a satisfactory way.
- • If, following these attempts at exploring a resolution, you intend to proceed with an arbitration claim, you and we will seek to reach an agreement on the selection of an arbitrator to hear and decide the dispute and how it will be heard, including whether to submit the dispute to the arbitrator only in written form, by proceedings conducted via video or in-person.
- • In the event that you and we cannot agree on an arbitrator, the process set forth in Section 11(a) of the Uniform Arbitration Act, or any comparable provision in your state, shall be followed. That provision states: “If the parties have not agreed on a method [for appointing an arbitrator], the agreed method fails, or an arbitrator appointed fails or is unable to act and a successor has not been appointed, the court, on [motion] of a party to the arbitration proceeding, shall appoint the arbitrator.”
- • The arbitrator will be bound to follow applicable federal and state laws and regulations in deciding all issues and in rendering any award. The parties will be entitled to invoke the rules of discovery applicable to state court proceedings.
- • Each of us will pay our own attorneys’ fees and expenses.
- • Notwithstanding the foregoing arbitration requirement, with regard to any actual or potential violation of our intellectual property rights, we may seek injunctive or other appropriate relief in the courts of Salt Lake City, UT, USA, and you hereby consent to the exclusive jurisdiction of such courts and waive all objections thereto.
- • If for any reason a claim proceeds in court rather than in arbitration, to the extent enforceable by applicable law, we each waive any right to a jury trial.
- • You may reject any change we make to this Mandatory Arbitration section by sending us notice within 30 days of the change by U.S. Mail to the Company at: Beauty Industry Group, Attn. Legal Department, 1250 N Flyer Way, Suite 100, Salt Lake City, Utah 84116, and retaining a copy of that notice for your records.
- • You may opt out of this arbitration agreement. If you do so, neither you nor we can force the other to arbitrate. To opt out, you must notify us in writing no later than 30 days after first becoming subject to this arbitration agreement. Your notice must include your name and address, your username and the email address you used to set up your account (if you have one), and an unequivocal statement that you want to opt out of this arbitration agreement. Send your notice to: firstname.lastname@example.org. In the event of a dispute between you and us, to invoke your opt-out right, you must retain a copy of your opt-out notice.
Class Actions Waiver. COMPANY AND YOU AGREE THAT ANY PROCEEDINGS TO RESOLVE ANY DISPUTE, INCLUDING ARBITRATION AND LITIGATION IN COURT, WILL BE CONDUCTED INDIVIDUALLY ONLY. Neither of us will seek to have any dispute heard as a class action, a classwide arbitration, a private attorney-general action, or any other proceeding in which either of us acts or proposes to act as a representative for others. Company and you also agree that no arbitration or other proceeding will be combined with 3 another arbitration or proceeding without the written consent of Company, you, and every other party to that arbitration or proceeding.