Last updated on: 1/16/20
Welcome to the INNISFREE website at https://us.innisfree.com (the “Website”).
This Website is operated by AMOREPACIFIC US, Inc. (“we”, “us” or “our”). We are committed to becoming the “Asian Beauty Creator” to its U.S. customers through our brands—AMOREPACIFIC®, SULWHASOO®, PRIMERA®, GOUTAL® PARIS, LANEIGE®, MAMONDE®, IOPE®, INNISFREE® and ARITAUM®—and have continuously strived to make the true beauty of Asia known to the rest of the world.
3. PRODUCTS AND SERVICES USE
- solicit others to perform or participate in any unlawful acts;
- violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
- violate, infringe, or misappropriate other people's intellectual property, privacy, publicity, or other legal rights;
- harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability, or to post or share anything that is otherwise objectionable;
- submit false or misleading information;
- upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
- collect or track the personal information of others;
- phish, pharm, pretext, spider, crawl, or scrape any portion of the Website;
- interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet;
- send unsolicited or unauthorized advertising or commercial communications, such as spam; or
- advocate, encourage or assist any third party in doing any of the foregoing.
4. ACCURACY OF INFORMATION
We attempt to be as accurate as possible when describing our products on the Website. However, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors, images or any other content available on the Website are accurate, complete, reliable, current, or error-free.
The material on the Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Website is at your own risk.
The Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Website at any time, but we have no obligation to update any information on the Website. You agree that it is your responsibility to monitor changes to the Website.
We undertake no obligation to update, amend or clarify information in the Website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Website should be taken to indicate that all information in the Website has been modified or updated.
5. PURCHASES, PRICING AND ORDERS
Purchase and Payment
You agree to provide current, complete and accurate purchase and account information for all purchases made on the Website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You authorize us to hold, receive and disburse funds in accordance with your payment instructions. Your authorization permits us to: (a) debit or credit your debit card, credit card, or other payment methods that we accept (“Cards”); or (b) initiate recurring charges from your Cards if you signed up for a service that requires automatic billing. When you place an order, you authorize and order us to commit your payment to us. Your authorizations will remain in full force and effect while you maintain your account with us.
Prices will be those in effect at the time of purchase (in U.S. dollars) and unless otherwise specified, exclude taxes and shipping fees. Pricing is based upon product availability and subject to correction or change at any time without notice. You are responsible for payment of all applicable taxes. All products are subject to availability. The prices displayed on our Website may differ from prices that are available in stores, and our pricing may differ from store to store.
Occasionally we will offer special promotions to our customers. This can include a gift with purchase, free shipping, manufacturer offers, or other promotional activity associated with a product purchase. These offers may be for a limited time only.
We reserve the right to correct any errors, including, without limitation, publishing, descriptive, typographical, or any other similar errors. If you do not wish to continue your purchase after pricing or other information has been corrected, please contact us right away and we will work with you to cancel or return your order.
We reserve the right to accept, reject, refuse or cancel any order you place with us at any time without prior notice. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. We reserve the right to discontinue any product at any time. Any offer for any product or service made on the Website is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
6. YOUR ACCOUNT AND PERSONAL INFORMATION
7. MY INNISFREE REWARDS PROGRAM
By creating an account and registering as a member on the Website, you automatically become eligible for receiving certain benefits and rewards through My innisfree Rewards Program. Points awarded have no cash value (not redeemable for cash or cash equivalent), and may only be redeemed for discounts on innisfree products purchased online or in-stores. Points will automatically expire if no purchases made on My innisfree Rewards account for 12-month period following last purchase date. Please review the Terms and Conditions for My innisfree Rewards program available at https://us.innisfree.com/pages/membership-program before you register as a member. You may still purchase our products and use our services, except the ones exclusively provided through My innisfree Rewards program, as a guest without participating in My innisfree Rewards program.
8. SHEET MASK CLUB MEMBERSHIP
If you purchase a subscription through the Website, you will receive regular shipments of those products based on the frequency you choose; we offer 30-, 60-, or 90-day subscriptions. Your subscription will continue for each subscription period until you cancel. You will be charged each subscription period for the cost of the applicable products, plus shipping, handling, and sales tax. You may make changes to or cancel your subscription at any time, as set forth below. There is no additional fee associated with the subscription, and there is no minimum purchase obligation. You agree that the we may terminate or suspend your subscription for any reason at any time in our sole discretion.
AUTORENEWAL AND RECURRING CHARGES APPLY. By purchasing a subscription, you agree that we (or our third-party payment processor) may charge you an initial and recurring subscription fee, without further authorization from you, at our then-current subscription rate. You accept responsibility for all recurring charges and your subscription will continue until you cancel your subscription. We will notify you before each recurring charge.
CANCELLATION. You may cancel your subscription at any time. To cancel, log in to your account, click the “Manage Subscriptions” tab, then click “cancel.” You may also cancel by contacting innisfree customer service at firstname.lastname@example.org. If you cancel before the next recurring payment is charged, then your subscription will terminate automatically and we will not charge your payment provider for any subsequent subscription period. If you cancel while an order is in process (i.e., your payment has been charged but you have not yet received your shipment), we will continue to process your order; your subscription will terminate automatically after the last order is shipped.
MANAGE YOUR SUBSCRIPTIONS. You can manage or make changes to your subscriptions at any time, by logging into your account, clicking “Manage Subscriptions” and following the prompts (e.g., view the status of your subscriptions, add or reactivate a subscription). Any changes you make will be reflected in your next shipment, except for changes initiated while an order is in process (i.e., your payment has been charged but you have not yet received your shipment), in which case they will be reflected after the current order has been completed.
9. THIRD PARTY LINKS
Certain content, products and services available via the Website may include materials from third-parties. Links appearing on the Website are for convenience only and are not an endorsed by us, our affiliates or our partners of the referenced content, product, service, or supplier. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please carefully review the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
10. INTELLECTUAL PROPERTY
All information and content on the Website that is provided by us, including but not limited to its “look and feel,” trademarks, logos, service marks, slogans, product and character names, text, original artwork, graphics, button icons, photographs, images, screenshots, video and audio clips, music, digitally downloadable files, data compilations and software, and the compilation and organization thereof (“Content”) is subject to copyright, trademark, service mark, trade dress and other intellectual property rights or licenses held by AMOREPACIFIC US, Inc., and is protected by United States and international laws.
You are authorized to access and use the Services and related Content solely for your personal, non-commercial use. You may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from any portion of the Services or Content on any media without our prior written or electronic approval. Your unauthorized use of the trademarks, service marks, trade dress and copyrighted material displayed on the Website is strictly prohibited.
11. COMMENT SUBMISSION POLICY
We welcome your comments and feedback about us, the Services, or the Website. However, your submission of comments, feedback, questions, suggestions, notes, messages, ideas or other communications (“Comments”) shall constitute an assignment to AMOREPACIFIC US, Inc. of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. We will be free to reproduce, use, disclose and distribute the Comments to others without limitation, and to use any ideas, concepts, know-how, content or techniques contained in the Comments for any purpose whatsoever, including, without limitation, the development, production and marketing of products and services that incorporate such information without any consideration or accounting. We are under no obligation to: (a) protect the Comments from disclosure; (b) to pay compensation for any Comments; or (c) to respond to any Comments.
12. USER CONTENT
When you upload, submit, send, or otherwise provide your User Content through the Website or to us, you are acknowledging and agreeing to the following:
- You confirm that you own all right, title and interest to your User Content, including any images, videos, and text included therein, and that your User Content does not infringe any intellectual property rights or violate privacy or publicity rights of any third party.
- You give us and our Affiliates permission to repost, share, regram, copy, display, distribute, reproduce, modify, create derivative works of, or otherwise use (“Use”) your User Content on the Website, our social media feeds on Instagram and Facebook, print, email, display advertisements and other marketing channels (“Marketing Channels”), anywhere in the world and for any purpose. This permission does not expire.
- You understand that your User Content may appear in connection with our advertising and promotions, in public view.
- We are under no obligation to compensate you (monetarily or otherwise) for our Use of your User Content now or in the future.
- We may remove your User Content from any Marketing Channel for any reason, or may just decide not to Use your User Content.
- You release us, and our respective directors, officers, employees, agents, representatives, successors and assigns from and against all liability relating to your permission and our Use of your User Content.
- If you are under the age of 18, you represent that a parent or legal guardian also agrees to above-mentioned terms on your behalf.
You retain ownership of any intellectual property rights that you hold in your User Content.
13. COPYRIGHT COMPLAINTS
We respect the intellectual property rights of others. If you are a copyright owner or an agent thereof and believe that any content featured in the Marketing Channels infringes your copyright, or other intellectual property rights, please notify us by providing the following information:
- Your address, telephone number, and email address.
- A description of the copyrighted work that you claim has been infringed.
- A description of where the alleged infringing material is located.
- A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
- A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
14. WARRANTY DISCLAIMER & LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AMOREPACIFIC US, INC. OR ITS AFFILIATES SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY SPECIAL, EXEMPLARY, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, COSTS OR ATTORNEY'S FEES ARISING OUT OF OR RELATING TO THESE TERMS OR THE ACCESS TO, USE OF OR OPERATION OF THE WEBSITE AND ALL CONTENT AND SERVICES PROVIDED THEREUNDER, INCLUDING, WITHOUT LIMITATION, ANY MATERIALS, PRODUCTS OR SERVICES, AND OUR AGGREGATE LIABILITY TO YOU SHALL BE LIMITED TO THE PURCHASE PRICE PAID FOR THE MATERIALS, PRODUCT AND/OR SERVICE THAT GIVES RISE TO SUCH LIABILITY.
Laws in certain states do not allow the exclusion or limitation of implied warranties or the exclusion or limitation of liability for incidental or consequential damages. To the extent such laws apply, some or all of the disclaimers, exclusions, or limitations set forth herein may not apply and other rights may be available. In such cases, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.
16. ARBITRATION & WAIVER OF CERTAIN RIGHTS
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR AMOREPACIFIC US, INC. WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
Arbitration and Trial by Jury
Payment of arbitration costs will be governed by the AAA's fee schedule, unless you are able to show that you cannot afford to do so, in which case we will pay as much of your arbitration costs as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to litigation costs. We also reserve the right in our sole and exclusive discretion to assume responsibility for all arbitration costs imposed by the AAA. Each party agrees to pay its own attorneys' fees and expenses unless there is a governing statutory provision that requires the prevailing party to be paid attorneys' fees and expenses.
The arbitration may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other.
For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at www.adr.org.
Class Action Waiver
YOU AGREE THAT THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES. NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION. YOU FURTHER AGREE THAT THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL, PROVIDED HOWEVER THAT NOTHING HEREIN SHALL BE DEEMED TO PREVENT A PARTY FROM SEEKING PUBLIC INJUNCTIVE RELIEF IN ARBITRATION UNDER THIS AGREEMENT WHERE APPLICABLE LAW PROVIDES FOR SUCH A RIGHT.
Notwithstanding anything to the contrary herein, to the extent the Dispute arises from (a) a violation of intellectual property rights in any manner; (b) any claim related to, or arising from, allegations of theft, piracy, unauthorized use or a violation of the Computer Fraud and Abuse Act; and (c) any claim for equitable relief; then both parties agree that a party may seek injunctive remedies (or an equivalent type of urgent legal relief) in a state or federal court consistent with section entitled “Governing Law” below, and both parties consent to exclusive jurisdiction and venue in such courts. In addition to the foregoing, either party may assert an individual action in small claims court for Disputes that are within the scope of such court's jurisdiction in lieu of arbitration.
18. GOVERNING LAW
Any action relating to the use of the Website or any transaction with AMOREPACIFIC US, Inc. must be brought in the state or federal courts located in New York, New York. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.
Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control, including without limitation acts of God, labor disruptions, acts of war, acts of terrorism (whether actual or threatened), governmental decrees or controls, insurrections, epidemics, quarantines, shortages, communication or power failures, fires, accidents, explosions, inability to procure or ship product or obtain permits and licenses, inability to procure supplies or raw materials, severe weather conditions, catastrophic events, delays due to product held by Customs for inspection.
20. CONTACT INFORMATION