Terms & Conditions
READ THESE TERMS AND CONDITIONS OF PARTICIPATION IN THE BOBBI BROWN VIP LOYALTY PROGRAM CAREFULLY. WHEN TAKING PART IN THIS PROGRAM, YOU UNDERTAKE TO MEET THE CONDITIONS ESTABLISHED IN THIS DOCUMENT AND ANY OTHER CONDITIONS INCORPORATED THERETO BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU CANNOT PARTICIPATE IN THIS PROGRAM.
SECTION 5 BELOW CONTAINS A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. READ THEM, AS THEY AFFECT YOUR RIGHTS.
1. Membership Eligibility and Overview
1.1. The BOBBI BROWN VIP Loyalty Program (“Program”) is offered at the sole discretion of Bobbi Brown Cosmetics (“Bobbi Brown,” “we,” “us” or “our”). The Program is exclusively for personal use and is limited to one account per individual. Corporations, associations or other groups cannot participate in the Program. Participation in the Program is open to individuals who are legal residents in Spain (including the Balearic and Canary Islands), who are at least 18 years old and who provide and maintain an email address. The Program cannot be used for any business or commercial purpose and we may refuse to create an account for any reason. Employees of The Estée Lauder Companies and individuals employed by our business partners or vendors are eligible for membership for personal use only but may be excluded from certain benefits of the Program.
2. Program Enrolment
2.1. Eligible individuals may enroll in the Program using the App or visiting www.bobbibrownvip.es (collectively, the “Web”) and following the relevant indications included in the Program.
2.2. You are required to provide your email address and to create a password in order to enroll. You may also have the opportunity to provide us with your name, mailing address, birth date and mobile phone number, but this information is optional. It is solely your responsibility to verify that your data are correct and to keep them updated. You may update your personal data at any El Corte Inglés stand or by sending an email to email@example.com.
2.3. Only one Program account may be associated with a single member and a single email address. In the event of a dispute regarding ownership of a Program account, participant status shall be deemed to lie with the authorized account holder of the email address or the telephone number indicated at the time of enrolment. For purposes of these Program Terms, the "authorized account holder" is the natural person who is assigned to the submitted email address by an internet provider, an online service provider, or any other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
3. Functioning and Benefits of the Program
3.1. The Program is a way in which we reward and thank our loyal customers for purchasing our products and/or taking other Program related actions. You may earn points and reach loyalty tiers within the Program by making the purchases required for that purpose or performing other actions under the Program. Once you reach a certain loyalty tier and/or earn a certain number of points, you may be eligible for certain benefits and rewards applicable to that tier and/or number of points, and such benefits may change from time to time and may be offered on a limited basis. The purchases and other opportunities to reach Program loyalty tiers or earn points will be posted on the Site or may be published through other media (e.g., in-store, in marketing communications, social media, etc.).Visit our FAQs to learn more about earning points and reaching the Program loyalty tiers.
3.2. You cannot share or combine accounts or Program rewards, benefits or points. Only the member paying for the products may accumulate points and benefits. Participants will not receive rewards, benefits and/or points from purchases subject to refund by businesses or other organizations that are not eligible to participate in the Program. Your account information (including security details) are confidential and should not be shared with any other person.
3.3. The rewards, benefits or points earned through the Program cannot be exchanged for money and they are not transferable, and participants have no ownership rights in respect of those rewards or benefits. The points registered under your Program account will be reduced or cancelled, as appropriate, if the purchase is returned or cancelled or if the points were earned via fraudulent activities or other activities not meeting these Program Conditions. The sale, exchange, transfer, or assignment of any rewards, benefits or points offered through the Program, other than by us, is expressly prohibited.
3.4. Rewards cannot be exchanged or returned in exchange for points, other products or cash refunds.
3.5. The products and services available through the Program and any samples that we may provide to you are for personal use only. You cannot sell or resell any of the products, services, or samples you purchase or otherwise receive from us. We reserve the right, without notice, to cancel or reduce the quantity of any order to be filled and/or any products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Program Terms.
3.6. We shall not be liable for any rewards, benefits or points lost or cancelled due to fraudulent activities by you or by third parties.
3.7. We reserve the right to change the Program benefits, how you reach each Program tier, how you earn points and how we evaluate and reward your eligible purchases and/or other Program activity. We reserve the right to establish maximum amounts for the number of purchases or activities covered by the Program and/or applicable to a certain loyalty or points tier or to the number of rewards or benefits you may receive or obtain at any loyalty or points tier, at a given time period or during the term of the Program, and/or any combination of such maximum amounts.
3.8. If you have any doubts regarding a purchase or any other activity not being correctly shown on your account, please contact Bobbi Brown at firstname.lastname@example.org or call us at 91 021 24 61 Your email must specify your name and email address associated to the Program, the date of the Program activity, and the issue(s) you encountered. This email must be sent no more than forty-five (45) days after the date the purchase or other Program activity took place. We shall not reply if the emails are sent outside that period.
4. Marketing Communications
4.1. When enrolling in the Program, you will be automatically registered to receive, and you accept to receive, emails related to the Program. At the time of enrollment, we may also give you the option of accepting to receive: (i) Program marketing emails; and/or (ii) other commercial communications from Bobbi Brown Spain.
5. Termination and Modification
5.1. The Program and its benefits are provided at our sole discretion. We may, at our discretion, cancel, modify, restrict or terminate these Program Terms, our FAQs, and/or the Program or any aspect or feature of the Program at any time without prior notice, even though such changes may affect the value of rewards or benefits already accumulated or earned and/or the ability to redeem accumulated rewards or benefits.
5.2. We reserve the right to exclude you or suspend your participation in the Program and to inspect your Program account at any time, at our exclusive discretion. Any suspicion of improper use of the Program, violation of the Program Conditions, inactivity in relation to the Program (i.e., no points earned or exchanged) during more than 24 months, of illegal activities, fraud, misrepresentation or other behavior incompatible with these Program Conditions and/or harmful for us or our interests, including, among others, any suspicion of fraudulent, illegal or any other unauthorized use of the rewards, points, cards, credits, vouchers, coupons and/or Program certificates, may lead to the cancellation of your participation and you may be barred from participating in the Program. If your participation is cancelled, any rewards or benefits in your account will automatically expire and your access to the Program and its benefits will be automatically cancelled. If we suspect illegal activity, fraud, misrepresentation, abuse or violation of these Terms, we also have the right to take appropriate legal action, at our sole discretion.
5.3. If you decide you no longer want to be a part of the Program, you may cancel your membership at any time by opting out in your account on the Site or by calling 91 021 24 61 If you cancel your participation, you will lose all the points and benefits accrued and the tier you reached.
6.1. Participants accept to protect and hold harmless us, our parent companies, affiliates, associated entities, licensors, executives, officers, employees and agents against any loss, damage or cost, including reasonable lawyers' fees, arising from third-party claims, actions or suits as a result of the participant violating a law, rule, regulation or the Program Conditions within the scope of their participation therein.
7. Governing law and jurisdiction
7.1. This Program and these Program Conditions shall be governed and interpreted pursuant to the laws of Spain, as if it were a contract entered and executed entirely in Spain and without considering issues such as disputes between laws.
7.2. Any disputes which, as the case may be, arise from the interpretation, validity and/or execution of the Program and these Program Conditions shall be submitted to the authority of the Courts of Law and tribunals of the place of residence or the address of the Participant.
For information on the Program and participation therein, contact Customer Care by calling 91 021 24 61 (in Spain) or by email. We shall not reply to requests or correspondence sent by post or on the Internet that are lost or delayed. You may also consult answers to our frequently asked questions in our FAQ section.