Replenish Me terms and conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
By clicking "Yes" below, you agree to be legally bound by these terms and conditions, and these terms and conditions will constitute a contract between you and Tria Beauty (the "Company").
- Replenish Me Program.
a. By selecting to participate in the Replenish Me Program (the "Program") in connection with your purchase of the 3-step Acne Skincare Solution, Positively Clear Skincare Duo (each, a "Product"), you hereby authorize the Company to bill the credit card you provided as follows:
b. On the initial date of purchase, the current list price of one unit of each Product that you selected to purchase under the Program (each, a "Selected Product"), plus tax and all other applicable charges (including shipping charges), will be billed to your credit card, and the Company will then ship to you one unit of each Selected Product; and
c. Every 60 days after the initial date of purchase (or such other period as provided below) (in each case, the "Replenish Period") until your order is canceled with respect to one or more Selected Products in accordance with Section 3 below, the then current list price of one unit of each Selected Product, plus tax and all other applicable charges (including shipping charges), will be automatically billed to your credit card (without requiring further notice to you or authorization by you), and the Company will then ship to you one additional unit of each Selected Product.
d. The current list price of each Product as of a given date can be found on the Company's website at http://www.triabeauty.ca/positively-clear, and the Company reserves the right, at any time and without prior notice, to change the price of any one or more Products. In addition, the Company reserves the right, at any time and without prior notice, to add or remove Products from the Program.
e. By selecting the Program, (a) you agree to pay the above charges by credit card, (b) you hereby represent and warrant to the Company that the credit limit for the credit card you provided is sufficient for each of the above charges and (c) you agree to be liable for all amounts set forth above (regardless of whether the credit limit for the credit card you provided is sufficient for each of the above charges).
f. In the event that the credit limit for the credit card you provided is not sufficient for the above charges or such credit card is cancelled, revoked or suspended before full payment is made, you agree (a) to provide the Company with an alternative credit card and hereby authorize the Company to charge any or all of the above amounts to such alternative credit card and (b) that the Company may, without notice, cancel or suspend any and all shipments and orders (in addition to pursuing any other available remedies).
g. By selecting the Program, you agree to keep your shipping and billing addresses and credit card information current. You may update your address and/or credit card information by signing in to your online account at http://www.triabeauty.ca/positively-clear/login , then selecting "Account Information" and then selecting "Edit Address" or "Edit Credit Card", as applicable, or contacting Customer Care at (877) 321-Tria (8742)
- Returns.
a. Each shipment of Selected Products is subject to the Company's then current return policy and procedure, as posted on the Company's website at triabeauty.ca/positively-clear/login, and also available by contacting Customer Care at (877) 321-Tria (8742). The Company reserves the right, at any time and without prior notice, to modify, alter or update its return policy and procedure.
- Cancellation.
a. You may cancel or suspend your participation in the Program with respect to one or more Selected Products 48 hours prior to the next applicable shipment date by signing in to your online account at www.triabeauty.ca/positively-clear/login, then selecting "Manage Replenishments" and then selecting "Cancel Order", or contacting Customer Care at (877) 321-Tria (8742).
- Restrictions.
a. The Program is only available to customers who reside and receive shipment in the United States.
b. The Program may not be used in conjunction with any other offers, promotions, discounts or similar programs.
- Incorporation by Reference.
a. You agree to be bound by (i) the Terms of Use set forth on the Company's website at http://www.triabeauty.ca/positively-clear/helpful-info, which the Company reserves the right, at any time and without prior notice, to modify, alter or update, and (ii) the limited warranty, and the related terms and conditions, enclosed with the Product(s) purchased. The foregoing terms and conditions referenced in clauses (i) and (ii) of this Section 5 are hereby incorporated by reference and made a part of this contract.
- General Terms and Conditions.
a. These terms and conditions are governed by the laws of the State of California, without regard to the conflicts of laws principles of any jurisdiction.
b. Any express waiver or failure to exercise promptly any right under these terms and conditions will not create a continuing waiver or any expectation of non-enforcement. If any provision of these terms and conditions is held invalid by any law or regulation of any government, or by any court or arbitrator, such provision will be replaced with a new provision that accomplishes the original purpose, and the other provisions of these terms and conditions will remain in full force and effect.
c. Shipping and handling charges will not be refunded in connection with any permitted returns, unless otherwise expressly provided under the Company's then current return policy and procedure referenced under Section 2 above. These terms and conditions constitute the entire agreement between you and the Company relating to their subject matter. No modification to these terms and conditions will be binding unless in writing and signed by an authorized representative of each party. You may not assign, sublicense, delegate or otherwise transfer any rights or obligations hereunder.
Positively Clear
3-Step Acne Skincare Solution
C$199 (C$300 value)
Clear, healthy skin is just 3 steps away with the new Positively Clear 3-Step Acne Skincare Solution.
It's the one and only dermatologist recommended acne-blasting treatment that combines bacteria-fighting blue light therapy with potent skincare to treat more effectively than traditional treatments alone. This easy 3-step fix addresses all 4 causes of acne to reveal glowing, flawless-looking skin. Cleanse. Treat. Target. And say good-bye to acne.
Includes:
- Positively Clear Foam Cleanser (3.4 fl. oz/ 100mL)
- Positively Clear Acne Clearing Blue Light
- Positively Clear Spot Treatment (1 fl. oz/ 30mL)
- Replenishment Subscription, 60-day Skincare Duo supply C$55
REPLENISH ME What is this? Terms and conditons
Positively Clear 3-Step Acne Skincare Solution, 60-day Supply. For todayâs 60-day Positively Clear 3-Step Acne Skincare Solution, you will make 1 payment of $149.00 plus shipping and handling for this shipment.
Approximately 60 days after your first order is shipped, and then approximately every 60 days thereafter, you will be sent a new 60 day supply of the Positively Clear Skincare Duo consisting of the Positively Clear Foam Cleanser and the Positively Clear Spot Treatment. Each shipment will be charged to the card you provide today, approximately every 60 days at the guaranteed low price of $39.00 plus shipping and handling per shipment, unless you call to cancel. There is no commitment and no minimum to buy. Please note exact shipment times may vary. To customize future shipments and charges, call customer service anytime at (877) 321-8742.
Every Positively Clear 3-Step Acne Skincare Solution includes a 90-day money-back guarantee of the purchase price less shipping and handling.
Privacy Policy
YOUR PRIVACY AND THE SECURITY OF YOUR PERSONAL INFORMATION IS VERY IMPORTANT TO US
This Privacy Policy governs the collection, use, disclosure and management of personal information collected on triabeauty.ca/positively-clear(the "Site"). Tria Beauty values our customers and guests and respects your concerns about online security and privacy. We believe in providing you with a safe and secure online experience. Our Privacy Policy is intended to provide you with information about how Tria Beauty collects, uses, discloses and manages your personal information. By using our Site, you consent to the collection and use of your personal information as set forth herein. This Privacy Policy is incorporated into the Terms of Use by this reference. In addition to reviewing our Privacy Policy, you should also read our Terms of Use. Your use of the Site constitutes your agreement to the terms and conditions in this Privacy Policy and the Terms of Use.
OUR PRIVACY AND SECURITY POLICY WILL CHANGE OVER TIME
Because we continue to develop the Site and take advantage of technologies to improve the services we provide, our policies will change over time. We encourage you to refer to this Privacy Policy from time to time and the date of last update at the bottom of this page to stay abreast of our most current privacy policy practices. Your continued access and use of the Site will constitute your acceptance of any changes or revisions to our Privacy Policy.
SUMMARY OF OUR PRIVACY AND SECURITY POLICY
This Privacy Policy explains how we collect, use and manage your personal information as you interact with us online. This Privacy Policy explains:
- What information Tria Beauty gathers from users of the Site.
- How Tria Beauty uses the personal information that you share with us and that we learn about you because of our relationship.
- What personal information about you, if any, Tria Beauty may share with others and the safeguards in place designed to protect your personal information if it is shared.
- What kind of security measures Tria Beauty takes to help protect your personal information from loss, misuse or unauthorized access, alteration, destruction or disclosure
- The circumstances under which you can access personal information in our records and have that information updated or corrected and how you can restrict Tria Beauty's use of your personal information.
- Other things you should know about privacy and Tria Beauty.
THE TYPE OF INFORMATION THE SITE COLLECTS ABOUT YOU
Tria Beauty collects personal information that you provide to us or that we learn about you from your use of the Site. For example, you may provide information to us when you register, sign in, search, add items to your shopping cart, purchase a product, participate in a survey, contest or promotion, rate or review our products or services, or communicate with Tria Beauty's Customer Care department. As a result of those actions, you might supply us with such personal information as your name, address, phone number, e-mail address, payment information and personal shopping and product preferences.
HOW TRIA BEAUTY USES AND SHARES INFORMATION ABOUT YOU
We try to provide you with the information you need to make informed, reasonable choices with respect to how Tria Beauty uses or shares your personal information. Tria Beauty uses and shares your personal information in several ways:
We generally use information we have collected about you to provide you with the very best health and beauty news, products and services, and shopping experience and to operate our business. We do not disclose, trade, rent, sell or otherwise transfer your personal information to third parties without your consent, except as set out herein. We do not disclose your personal information to unaffiliated third parties who may want to offer you their own products and services unless you have requested or authorized us to do so.
We may share your personal information with third parties or affiliates of Tria Beauty with whom we have contracted to perform services on our behalf. For example, we may use service providers to authorize and process payments, host the Site, operate certain of its features, and send emails or other communications. Your personal information may be maintained and processed by our affiliates and other third party service providers in the US or other jurisdictions. These companies that act on our behalf are required to keep the personal information we provide to them confidential and to use the personal information we share only to provide the services we ask them to perform.
Tria Beauty, our affiliates and our Canadian, US and other service providers may disclose your personal information in response to a search warrant or other legally valid inquiry or order, or to an investigative body in the case of a breach of an agreement or contravention of law, or as otherwise permitted or required by applicable Canadian US or other law. We may also disclose personal information where necessary for the establishment, exercise or defense of legal claims, to investigate or prevent actual or suspect loss or harm to persons or property.
WEBSITE USAGE
Tria Beauty or its authorized service providers may collect transactional data (such as your IP address, browser type, operating system, activities and preferences) relating to your use of the Site. This information is generally collected in non-personally identifiable format. We may use this collected or logged information in order to provide better service, to facilitate our customers' use of the Site, to track usage of the Site, to address security hazards, and for other administrative or operational purposes. Tria Beauty, or its authorized service providers, may use this information to track aggregate traffic patterns throughout the Site. We may use aggregated, statistical information to describe our customer audience, products, and services, and to develop partnerships with third parties to offer products and services in which we believe our customers will be interested.
ONLINE TRANSACTIONS
We collect personal information about you when you purchase products on our Site. For example, to open an account with us, you will need to provide us with certain information, such as your name, e-mail address and a password that you select. You are responsible for maintaining the security of your log-in information and password. When you request to purchase items in your shopping cart, we (or our service providers) collect your billing and shipping address, phone number, and payment card information. We use this information to administer your account and process and fulfill your order
CONTENT YOU SUBMIT FOR POSTING
When you submit content for posting on our Site, we will collect a nickname, email address and any comments or feedback you provide. We may also collect optional information (such as your location, age and gender) you choose to submit with your comment or feedback. We use your email address to communicate with you about your posting. When you share your experiences or rate or review products or services, we may make some of this information publicly available on the Site, in print or on third party websites and social media. If you would like to give us feedback on a product or service in a non-public manner, please contact us directly using the contact information below in the "Questions or Comments" section.
OUR SECURITY PRACTICES
Except as otherwise set forth in this Privacy Policy, our internal data security policies restrict access to customers' personal information to authorized employees on a need to know basis. Our employees are bound by Tria Beauty policies that require them to maintain the confidentiality of our customers' personal information. Employees who violate these requirements are subject to disciplinary action, up to and including termination. We maintain physical, electronic, and procedural safeguards that are designed to protect our customers' personal information loss, theft, misuse or unauthorized access, alteration, destruction or disclosure. Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. As a result, while we strive to protect your personal information, Tria Beauty cannot ensure or warrant the security of any information you transmit to us, and you transmit such information at your own risk.
We also have personal information retention processes designed to retain personal information for no longer than necessary for the purposes stated above or to otherwise meet legal requirements.
WHAT ARE COOKIES AND HOW DOES THE SITE USE THEM?
We may use cookies to collect or log certain information. A cookie is a small piece of information that a site stores on a personal computer and which it can later retrieve. We may use cookies for some administrative purposes, for example, to store our customers' preferences for certain kinds of products or to store a password so that you do not have to input in every time you visit our Site. The cookies will not contain personal information that will enable anyone to contact you via telephone, email, or other means. If you are uncomfortable with the use of cookie technology, you can set your browsers to refuse cookies. Certain services, however, could be dependent on cookies and you may disable those services by refusing cookies.
Our Site may also use a technology called "tracer tags" or "Web Beacons". This technology allows us to understand which pages you visit on our Site. These tracer tags are used to help us optimize and tailor our Site for you and other future visitors to our Site. We may also use third parties to serve our advertisements on other websites. These companies may use tracer tags or web beacons to report certain information (but not your name, address, e-mail address or telephone number) about your visits to our Site and the websites which advertise and feature links to our Website, in order to measure the effectiveness of our advertisements.
LINKS TO THIRD-PARTY SITES
The Site may contain links to third-party sites. Please be aware, however, that Tria Beauty is not responsible for and cannot control the privacy policies of these other sites or their practices. We encourage you to read the privacy policies for these other sites, as they may differ from ours. This Site may also contain links to sites that display Tria Beauty branding and/or Tria Beauty's logo but which are maintained by third parties. Such websites are identified as third party sites by the website address or URL because they do not display a triabeauty.ca/positively-clear URL. Please read the privacy policy on these sites for applicable privacy practices relating to personal information collected via the sites because they may differ from the Site's privacy practices. This Privacy Policy applies solely to information collected by Tria Beauty via the Site.
CONTESTS & SURVEYS:
When you enter a contest or participate in a promotion, we may collect your name, address, phone number, email address, date of birth and other information you provide. We use this information to administer your participation in the contest or promotion. From time to time, we may also offer you the opportunity to participate in one of our surveys or other customer research. The information obtained through our surveys and customer research is used in an aggregated, non-personally identifiable form. We use this information to help us understand our customers, to enhance our product and service offerings, promotions and events.
Keeping your account information accurate and up-to-date is very important so we can provide you with excellent service. If your account information is incomplete, inaccurate, or not current, please follow the instructions on http://www.triabeauty.com/login.htm on the Site to correct your account information online.
(For California Residents), California Privacy Rights under California Civil Code Sections 1798.83-1798.84: California Civil Code sections 1798.83-1798.84 give California residents the right to ask us for a notice describing the categories of personal information we share with third parties or affiliates for their direct marketing purposes. The notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it has been shared, along with their names and addresses. If you are a California resident and would like a copy of this notice, please submit a written request to customercare@triabeauty.com or Tria Beauty, 7999 Gateway Blvd., Suite 100, Newark, CA 94560. Please allow 30 days for a response.
CUSTOMER CARE:
When you contact Tria Beauty's Customer Care department online with a comment, question or complaint, you may be asked for information that identifies you (such as your name, address and a phone number) along with additional information we need to help us promptly answer your question or respond to your comment or complaint. We may also retain this information to assist you in the future and to improve our customer service, product and service offerings, and events and promotions.
EMAILS:
From time to time we may obtain your consent to send you email communications about Tria Beauty products and exclusive offers. If you do not wish to receive such product marketing information, you my unsubscribe by clicking on the "unsubscribe" link at the bottom of each of our email communications or by contacting us by e-mail or direct mail at customercare@triabeauty.com or Tria Beauty, 7999 Gateway Blvd., Suite 100, Newark, CA 94560. If you have an account on the Site, you can also change your contact preferences at any time by following the instructions on the Site. If you elect not to receive such product marketing information, Tria Beauty may continue to contact you as necessary to service your account and process your transactions and requests.
MERGERS, ACQUISITIONS, AND BANKRUPTCY
If Tria Beauty should ever file for bankruptcy or merge with another company, or if Tria Beauty should decide to buy another business, or sell or reorganize part or all of Tria Beauty's business, Tria Beauty may be required to disclose your personal information to prospective or actual purchasers and other parties. It is Tria Beauty's practice to obtain appropriate confidentiality protections for information disclosed in these types of transactions.
LINKS TO THIRD-PARTY SITES
The Site may contain links to third-party sites. Please be aware, however, that Tria Beauty is not responsible for and cannot control the privacy policies of these other sites or their practices. We encourage you to read the privacy policies for these other sites, as they may differ from ours. This Site may also contain links to sites that display Tria Beauty branding and/or Tria Beauty's logo but which are maintained by third parties. Such websites are identified as third party sites by the website address or URL because they do not display a triabeauty.ca/positively-clear URL. Please read the privacy policy on these sites for applicable privacy practices relating to personal information collected via the sites because they may differ from the Site's privacy practices. This Privacy Policy applies solely to information collected by Tria Beauty via the Site.
ACCESSING YOUR PERSONAL INFORMATION
Keeping your account information accurate and up-to-date is very important so we can provide you with excellent service. If your account information is incomplete, inaccurate, or not current, please follow the instructions on https://www.triabeauty.ca/positively-clear/login on the Site to correct your account information online. You may request access, updating and corrections of inaccuracies in other personal information we have in our custody or control by contacting us using the contact information set out below. We may request certain personal information for the purposes of verifying your identity when seeking access to your personal information records.
TRIABEAUTY.CA IS NOT FOR USE BY CHILDREN
The Site is not intended for use by minor children (under the age of majority in their jurisdiction of residence). Parents and guardians should monitor the use of the Site by minor children. Children under age 13 should not use the Site at all. If a child under age 13 submits information through any part of the Site, and Tria Beauty becomes aware that the person submitting the information is under age 13, we will attempt to delete the information as soon as possible.
WHAT ELSE SHOULD I KNOW ABOUT MY PRIVACY?
You should be careful to maintain the secrecy of your passwords and/or account information and be responsible about protecting your personal information and identity whenever you are online.
QUESTIONS OR COMMENTS
TriaBeauty is committed to quality customer experience. If you have questions or comments about this Privacy Policy, or the manner in which we or our service providers treat your personal information, you can contact us by:
- Sending us an e-mail or contacting our Customer Care department at customercare@triabeauty.com; or
- Writing to us at:
Tria Beauty
7999 Gateway Blvd., Suite 100
Newark, CA 94560
LAST REVISED June, 2017