TERMS OF SALE
Last Updated: 9 March 2026
IMPORTANT NOTICE REGARDING ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. These Terms of Sale contain a binding arbitration clause and class action waiver in Section 15. By purchasing Products from us, you agree to submit any disputes to binding arbitration rather than court proceedings, except as specified in Section 15.2. You have the right to opt out of arbitration within 30 days by following the procedures in Section 15.3. These Terms also include a jury trial waiver.
1. DEFINITIONS
The following terms have the meanings set forth below:
a. “Buyer” or “you” means the individual purchasing Products for personal, non-commercial use, or the Salon Buyer.
b. “Confirmation” means the email we send confirming acceptance of your Order and shipment of Products.
c. “Order” means your order for Products placed through our Site.
d. “Products” means haircare products for cleansing, treatment, scalp, and styling hair accessories and tools, and any other items sold individually or bundled as kits or sets.
e. “Salon Buyer” means, where expressly permitted by the Site, the individual or entity purchasing on behalf of a salon located in the United States for use in the ordinary course of operation of the hair salon.
f. “Seller,” “we,” “us,” or “our” means Wella Operations US llc, located at 100 Park Ave, 17th Floor, New York, NY 10017.
g. “Site” means www.briogeohair.com.
h. “Terms” means these Terms of Sale, including any Special Terms.
1.1. References to “writing” or “written” include email unless otherwise stated.
2. ACCEPTANCE OF TERMS1
2.1. Agreement to Terms. These Terms govern all purchases and transactions made through our Site. Your use of the Site, including browsing, creating an account, or accessing any content or features, is also governed by our Terms of Use available at https://www.briogeohair.com/pages/terms, which are incorporated herein by reference. By placing an Order or making a purchase through the Site, you agree to be bound by these Terms of Sale and the Terms of Use. If there is any conflict between these Terms of Sale and the Terms of Use with respect to a specific transaction, these Terms of Sale will control. Certain programs or features described in these Terms (for example, gift cards, Subscription Programs, or Promotions) may not be offered on this Site or in every jurisdiction. We encourage you to visit the specific Site for details on which features and offerings are currently available there.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS SITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT
WITH US, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS SITE OR ANY OF THIS WEBSITE'S CONTENTS OR PRODUCTS BY APPLICABLE LAW.2
2.2. Modification of Terms. We may revise these Terms at any time by posting an updated version on our Site. The Terms in effect at the time you place your Order will govern that purchase.
2.3. Additional Terms. Certain products, services, Promotions, features, subscriptions (including the Subscription Program) or other programs may be subject to additional terms, rules, or policies (“Additional Terms”). Additional Terms may be displayed to you on the relevant Product or offer page, in the checkout cart or checkout flow (including in a pop-up, banner, or hyperlink), within account settings, or included with the Product (e.g., on-pack or insert). Those Additional Terms are incorporated by reference into these Terms and become part of your agreement with us when you enter intro transactions or purchase Products on the Site. If there is a conflict between these Terms and the Additional Terms, the Additional Terms will control for that product, service, promotion, feature, or program.
3. CONTRACT FORMATION
3.1. Sales. When you place an Order through our Site, you will receive an Order acknowledgment email confirming receipt of your Order. This acknowledgment does not constitute acceptance of your Order. We accept your Order when we ship the Products and send you a Confirmation email. If we cannot accept your Order (for example, because Products are out of stock, we cannot meet unexpected demand, you breach these Terms, or there is a pricing or description error), we will notify you by email, will not process your Order, will not charge you, or will refund or release any pending payment made.
3.2. Order Number. Upon acceptance of your Order, we will assign an Order number. Please quote this number in all correspondence with us.
3.3. Product Descriptions. Each Product purchased is sold subject to its posted Product description. The images of the Products on our Site are for illustrative purposes only. Your Product and its packaging may vary slightly from its advertised images on the Site.
3.4. Purchase Restrictions. You may not purchase Products for resale, supply, or distribution to any other company, individual or business, or in quantities exceeding any posted limits. All products labeled “for professional use only,” “not for retail sale,” or with similar language shall not be sold by Salon Buyer to anyone. Our sales are limited to individual end consumers purchasing for personal use and Salon Buyers buying for in-salon professional use only.
4. PRICING AND PAYMENT
4.1. Product Prices. The price of Products is the price shown on our order pages when you place your Order. Prices are shown in U.S. Dollars and are valid only in the United States. Prices may change at any time, but pricing changes after an Order is placed will not affect existing Orders.
Shipping and Handling Fees & Taxes. Product prices exclude shipping and handling costs and applicable sales, use, and similar taxes, which will be added to your total. You will pay all shipping and handling charges specified during checkout. The cost of delivery will be as displayed to you on the Site before you finalize your Order. Please check these carefully, as you consent to this charge when you submit your Order. If the Site accepts a payment card with a currency denominated account that is different from the currency of your Order, additional charges and foreign exchange differences may apply. These charges and exchange rates applied are beyond our control.
4.2. Pricing Errors. We take reasonable care to ensure price accuracy. If a Product’s price is incorrectly stated (whether due to typographical error system error, or otherwise), including any obvious and unmistakable pricing error that you could reasonably recognize as a mispricing, we reserve the right to cancel or refuse any Orders placed for Products listed at the incorrect (erroneous) price. For Subscription Program Orders, we reserve the right not to renew at the erroneous price or to cancel future shipments. If we cancel your Order, we will notify you and refund payments already made.
4.3. Payment Methods. Payment must be made by credit card, debit card, or alternative payment method (e.g. digital wallets) accepted on our Site. Accepted payment methods are posted on our Site, and may include VISA, Mastercard, American Express, Google Pay and Paypal. Funds are collected when Products are dispatched, but a pending payment authorization may be placed when you submit your Order. By providing a payment method or other payment instrument, you represent and warrant that you are authorized to use it. You further authorize us (or our third-party payment processor) to charge the total Order amount including taxes and shipping and handling charges, and to store and/or tokenize that information for future charges in connection with your Order. If a stored payment method is declined, we may attempt a re-authorization or require you to provide an alternate payment method before we can ship. If your payment method cannot be verified, is invalid, or is unacceptable, we will notify you and your Order may be suspended or cancelled if the issue is not promptly resolved.
5. SHIPPING AND DELIVERY
Geographic Restrictions. We ship Orders only to billing3 and shipping addresses located within the United States and Canada. We do not ship to P.O. Boxes. Delivery timelines and charges vary based on Product availability and your address.
5.1. Delivery Address Accuracy. You are responsible for providing a complete and accurate delivery address. We are not liable for delivery issues caused by incomplete or inaccurate information. Delivery is completed when Products reach your address. Products become your responsibility upon delivery completion.
5.2. Shipping Carrier & Delivery Options. At checkout, you may be offered one or more shipping options (e.g., Standard, Expedited, or Express). Each option corresponds to a class of service and estimated delivery time. Unless otherwise specified at checkout, we will select the carrier and shipping method for your Order. Selection is based on destination, size, weight, and service availability. We may ship your Order in multiple packages or from multiple locations at our discretion. We partner with several national and regional carriers. While you may see a preferred carrier displayed at checkout or on the Site, we reserve the right to use a comparable service from another carrier if it allows us to deliver your Order more efficiently or reliably.
5.3. Title and Risk of Loss. Title and risk of loss transfer to you upon Product delivery.
5.4. Delivery Timing.4 Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for delays. If we are unable to ship your Order within the timeframe stated in your Order confirmation (or within 30 days if no specific timeframe was provided), we will notify you promptly via email and provide you with the following options:
a. Option A (Agree to Delay): You may agree to a new delivery date. If you do not respond to our delay notification within a reasonable time (typically seven (7) days), we will treat your non-response as agreement to the delay and will ship your Order as soon as reasonably possible.
b. Option B (Cancel Your Order): You may cancel all or part of your Order at no charge. To cancel, contact our customer service team as set out in Section 6 below within a reasonable time after receiving our delay notification.
c. Automatic Cancellation: If we cannot provide a definite revised shipping date, or if the delay exceeds thirty (30) days beyond the original promised delivery date, and we do not receive your consent to the additional delay within thirty (30) days of notifying you, your Order will be automatically canceled, and you will receive a full refund.
5.5. Non-Receipt of Order. If you do not receive your Order within seven (7) days of the notice of Order shipment, you must contact us. Deliveries to Alaska and Hawaii may take longer. Allow up to 72 hours for package delivery when tracking shows “delivered,” as some carriers display “delivered” when the parcel arrives at the local facility but have not completed delivery to your door. Order issues for packages presumed to be lost by the carrier (where the status is not “delivered”) must be filed no sooner than seven (7) days after the last tracking update for United States domestic shipments and within 30 days from the last checkpoint.
5.6. Inspection Upon Delivery. Please inspect your Order promptly upon receipt. If any item is damaged, defective, missing, or incorrect, you must notify us within five (5) business days of delivery so we can arrange a replacement, exchange, or refund as appropriate under Section 9.4. To report an issue, please contact our Customer Support team at support@briogeohair.com with your Order number, a description of the issue, and photos (if applicable). We may request photos of the packaging and Product to help us assess the claim and process any replacement or refund quickly. If you notify us after the expiration of the notice period, we’ll do our best to assist, but replacements or refunds are not guaranteed. Failure to report within the stated period may limit our ability to resolve the issue or provide a remedy. Normal wear, minor cosmetic variances, or damage caused after delivery are not covered under this provision. This inspection period does not affect any rights you may have under applicable consumer protection laws regarding defective or non-conforming goods.
6. SUBSCRIPTION PROGRAM
6.1. We may offer an optional auto-renewing subscription for eligible Products (the “Subscription Program”). A Subscription Program is governed by its separate Subscription Terms presented at the time of checkout and available at https://www.briogeohair.com/pages/subscription-program-terms (the “Subscription Terms”), which constitute Additional Terms incorporated by reference into these Terms. A Subscription Program will continue indefinitely until canceled in accordance with the Subscription Terms. In case of a conflict between these Terms and the Subscription Terms regarding the Subscription Program, the Subscription Terms will control. Otherwise, these Terms will govern.
7. PRE-ORDERS
7.1. Pre-Order Definition. Where we offer pre-orders, pre-orders involve purchasing out-of-stock or soon-to-be-available Products not yet in our inventory. We will disclose the expected release or ship date at the time of Order. Estimates are not guarantees and may change due to manufacturing, supply chain, carrier or regulatory factors. If we do not specify a time, we aim to ship within thirty (30) days of your pre-order. Upon delivery, pre-orders are subject to the same return and warranty terms as other Products. If your pre-order contains multiple items with different availability dates, we may split shipments and charge shipping per shipment, if disclosed at checkout.
7.2. Pre-Order Payment. We will not charge your payment method or take partial deposit at pre-order checkout, but we may place a hold or authorization at the time of the Order. Your payment method is stored, and the full or remaining payment (plus shipping changes and taxes disclosed at checkout) is charged when the Order is shipped.
7.3. Pre-Order Cancellation. You can cancel a pre-order for which a full deposit has been paid that has not yet been shipped under Section 10.1. In addition to our cancellation and refusal rights under Section 10, we reserve the right to cancel any pre-order if production, supply, or regulatory factors prevent fulfillment, in which case you will receive a prompt full refund for any amounts already paid.
7.4. Advertised Ship Date. If we cannot ship your pre-order by the advertised date, we will notify you, provide a revised ship date, and give you the option to accept the new date or cancel for a full refund of any amounts paid.
7.5. Subscription Pre-Orders. If a pre-order is tied to an auto-renewing subscription, the first renewal will not begin until after the initial pre-order ships. Subscription details are governed by our Subscription Terms.
8. SATISFACTION GUARANTEE. We offer the following Satisfaction Guarantee subject to the terms and conditions set forth below. The Satisfaction Guarantee is a voluntary goodwill offer only and is not a written warranty or service contract. Your legal rights concerning defective or non-conforming goods under applicable consumer-protection laws remain unaffected.
8.1. What's Covered. If you are the original purchaser of a Product and are dissatisfied with the quality, performance, or results of any Product purchased directly from our Site, you may request a refund or replacement in accordance with this Satisfaction Guarantee.
8.2. What is Not Covered. This Satisfaction Guarantee does not apply to:
a. Products purchased from third-party retailers, resellers, or unauthorized sellers;
b. Products that have been tampered with, misused, or used in a manner inconsistent with Product instructions;
c. Products that you received as a gift;
d. Products that have been damaged due to improper storage or handling after delivery;
e. Products used less than or in excess of the reasonable trial period, defined below;
f. Shipping and handling fees (unless the Product was defective or we shipped the wrong item); and
g. Products marked as “Final Sale,” “Clearance,” or “Non-Returnable” at the time of purchase.
8.3. First-Time Purchases. The Satisfaction Guarantee applies only once per customer for their first purchase of a specific Product from our Site, as determined by our records. For purposes of this policy, different sizes or formats of the same Product are considered one Product. You have thirty (30) days from the date of delivery to try the Product and decide whether you are satisfied. To qualify, any claim under the Satisfaction Guarantee must be submitted within this 30-day period.
8.4. Subscription Orders. Where subscription services are offered, for Products received as part of our auto-renewal Subscription Program, you have thirty (30) days from the delivery date of each shipment to submit a Satisfaction Guarantee claim for any Product included in that shipment that you are purchasing for the first time. Submitting a Satisfaction Guarantee claim for a Product received as part of our auto-renewal Subscription Program does not automatically cancel your subscription. If you wish to cancel your subscription, you must do so separately through “Manage Subscriptions” as described in the Subscription Terms.
8.5. Time Limit. Claims submitted after the applicable 30-day period will not be honored under this Satisfaction Guarantee but may be eligible for return.
8.6. Reasonable Trial Period of Use. To qualify for the Satisfaction Guarantee, you must have used the Product as directed for a reasonable trial period. We define a reasonable trial period as:
a. A minimum of seven (7) days of use according to Product instructions, and
b. Use of no more than fifty percent (50%) of the Product contents.
Example: If you purchase our “Rosehip + Algae Deep Conditioning Mask” and submit a Satisfaction Guarantee claim, you may receive a refund or replacement for that Product one time. Future
purchases of the same “Rosehip + Algae Deep Conditioning Mask “ will not be eligible for the Satisfaction Guarantee but may remain eligible for our standard return policy.
8.7. How to Submit a Claim. To submit a Satisfaction Guarantee claim:
a. Contact Customer Service within the applicable 30-day period via:
· Emailsupport@briogeohair.com
· Online: Submit a request through the chat button on the bottom right corner of the website
b. Provide required Information:
· Order number
· Product name and details
· Reason for dissatisfaction (brief description)
· Date you began using the Product
· Approximate amount of Product used
8.8. Product Return under the Satisfaction Guarantee. We may require you to return the Product to receive your refund. You are responsible for the cost of returning any Product under the Satisfaction Guarantee. If a return is required:
a. We will provide you with return instructions;
b. You will be responsible for return shipping costs unless the Product was defective or we shipped the wrong item; and
c. The Product must be returned within fourteen (14) days of receiving return authorization.
8.9. Resolution Options.5 Upon approval of your Satisfaction Guarantee claim, you may choose one of the following options:
a. Option A (Refund): Receive a full refund of the Product purchase price (excluding original shipping and handling fees). Refunds will be issued to the original payment method within seven (7) to ten (10) business days after we receive and process your returned Product, or immediately if no return is required.
b. Option B (Replacement): Receive a replacement Product of equal or lesser value. You may select:
· A different Product of equal or lesser value, OR
· The same Product in a different variant (if available)
Replacement Products will be shipped at no additional charge within five (5) to seven (7) business days of claim approval. All decisions regarding Satisfaction Guarantee claims, including eligibility, approval, and resolution, are made at our sole discretion and are final. We strive to be fair and reasonable in evaluating all claims while protecting the integrity of this program for all customers.
9. RETURNS AND EXCHANGES
9.1. We are committed to our customers’ satisfaction with our Products. We want you and your hair to love our Products and results. If a purchase didn't work out, please reach out to us at support@briogeohair.com for feedback and help finding the right routine to achieve your personal hair goals.
9.2. 30-Day Return Policy. You may obtain a refund for most new, unopened or gently used Products in original packaging within thirty (30) days after your Order is delivered, subject to refund restrictions below.
a. Return Exclusions. The following Products are not eligible for return: (i) partial kits or bundles (only complete sets are eligible); (ii) excessively used Products; (iii) gifts with purchase items; and (iv)
Products marked as “Final Sale,” “Clearance,” or “Non-Returnable” at the time of purchase. These exclusions do not apply to damaged, defective or incorrect Products governed by Section 9.4 below.
b. Return Process. Should you be required to start a return, visit https://www.briogeohair.com/pages/returns-and-exchanges or contact support@briogeohair.comwith your Order number. We’ll issue an RMA and instructions. Returns without an RMA may be refused.
c. Return Shipping Costs. Unless stated otherwise (including under Section 9.4 below), you are responsible for return shipping costs. If the return is due to our error or a defective item, we’ll cover return shipping.
d. Refund Method and Timing. Where allowed, you may select a refund, exchange, or Site credit; options may vary by Product category and will be shown during the return request.6 Where refunds are due:
i. For damaged, defective, missing or incorrect Products, we will issue an exchange or refund as stated in Section 9.4; and
ii. For all other eligible returns, we will refund the price you paid, excluding original shipping and handling charges (unless prohibited by law), and less the return shipping fees (if we provide a prepaid return label). Shipping charges are not refundable, unless required by law.
iii. Refunds are issued to your original payment method within fourteen (14) days after we receive and inspect the Product (or after we receive acceptable proof of return). If you originally paid for the Product with a gift card, the refund amount will be provided in a gift card issued to you which can be used on the Site.
e. Returns After the 30-Day Return Policy. Returns requested between 31-60 days after the original delivery date may be eligible for store credit redeemable on our Site. To request a return, you must email your Order number to support@briogeohair.com.
9.3. Third-Party Purchase Exclusion. Items purchased outside of our Site, from authorized retail locations, or from any other seller are not eligible for return to us. You must contact the original seller or retailer directly, as returns and exchanges are subject to that retailer's policy.
9.4. Damaged, Defective, Missing and Incorrect Products. If you receive a damaged or defective Product upon delivery, or if a Product is missing, or the wrong Product is shipped to you, you may exchange them or obtain a full refund. If you timely notify us of the issue, (a) if required, if the Products are returned, we will refund the full purchase price, including the original shipping charges and the cost of returning the Products to us (with receipt) or we will issue a prepaid shipping label at our cost7 and (b) if the Products are exchanged, we will ship replacement Products free of charge and refund the cost of returning the Products to us (with receipt) or we will issue a prepaid shipping label at our cost.
10. CANCELLATION RIGHTS
10.1. Pre-Shipment Cancellation. You may cancel your Order any time during the 1-hour period after Order acceptance, provided that it is before we ship any Products from the Order. We process orders quickly, so please contact us as soon as possible. We may ship Products on the same-day as Order placement and, if so, the 1-hour cancellation window may not be available to you depending on the time of your Order placement. Cancellations can be made through link provided in the Order confirmation email you received or by contacting Customer Service at support@briogeohair.com.
10.2. Our Right to Refuse or Cancel Orders. We may, at our reasonable discretion, refuse or cancel all or part of your Order at any time prior to shipment (including after issuing an Order confirmation) for any legitimate
business reason, including: (a) you don't make payment when due; (b) in our sole discretion, the Order appears to be placed by dealers, resellers or distributors or otherwise appears fraudulent; (c) we could not deliver to the address provided by you; (d) we become aware or reasonably believe you are in breach of these Terms; (e) errors in pricing, description, or promotions; (f) Product unavailability or discontinuation; or (g) force majeure events or shipping restrictions that may fulfillment impracticable. In the event of our Order refusal or cancellation, we will notify you. Your sole remedy for an Order refusal or cancellation is a refund of amounts paid for the cancelled Product(s). We are not liable for any additional damages, losses, or costs arising from such refusal or cancellation.
10.3. Refund for Cancellation. If an Order is timely cancelled by you or us, a full refund for the cancelled Products (including shipping changes and taxes) will be issued to your original payment method within fourteen (14) business days.
11. LIMITED WARRANTY
11.1. Scope. We provide a limited warranty that Products shall be free from material defects at the time of shipment and will conform substantially to the descriptions on the Site. We do not warrant or guarantee any specific results or effects from Product use.
11.2. Exclusions. This limited warranty does not cover:
a. Normal wear and tear or changes in Product texture, color, or scent after opening;
b. Damage caused by improper storage, misuse, or alteration; or
c. Subjective dissatisfaction with Product performance (e.g., fragrance preference or individual skin response).
11.3. Sole Remedy. Your sole remedy for breach of this limited warranty shall be, at our option, replacement of the Product or refund of the purchase price. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state. Except where prohibited by law, this limited warranty is exclusive and in lieu of all other warranties, whether express or implied, including any implied warranties of merchantability or fitness for a particular purpose.
11.4. Making a Claim. To make a warranty claim, you must be the original purchaser of the Product from us on this Site, notify us during the warranty period within a reasonable time of discovery with detailed information at support@briogeohair.com], and, if requested, return the Product to us. We will, at our option, replace or refund the Product.
11.5. Warranty Disclaimers. ALL PRODUCTS WILL BE SOLD ON AN OUTRIGHT SALES BASIS AND ARE GUARANTEED TO BE IN GOOD CONDITION AND FREE OF DEFECTS IN MATERIAL AND WORKMANSHIP. YOU ASSUME ALL RISK WHATSOEVER AS TO THE RESULT OF THE USE OF PRODUCTS PURCHASED, WHETHER USED ALONE OR IN COMBINATION WITH OTHER PRODUCTS OR SUBSTANCES. IN THE EVENT OF OUR BREACH OF ANY APPLICABLE WARRANTY, YOUR SOLE REMEDY WILL BE THAT WE REFUND OR REPLACE THE DEFECTIVE PRODUCT. EXCEPT AS SET FORTH IN THE LIMITED WARRANTY ABOVE, WE MAKE NO OTHER EXPRESS OR IMPLIED WARRANTIES. UNLESS UNENFORCEABLE OR UNLAWFUL UNDER APPLICABLE LAW, ALL IMPLIED WARRANTIES ARE DISCLAIMED, INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
12. PROMOTIONS AND DISCOUNTS
12.1. General Promotion Terms. From time to time, we may offer promotional discounts, special offers, coupon codes, flash sales, and other limited-time incentives (collectively, “Promotions”). All Promotions are subject to the terms and conditions set forth below, as well as any additional terms specified at the time the Promotion is offered, and any personal information you provide to us will be processed in accordance with our Privacy Policy https://www.briogeohair.com/pages/privacy-policy. By participating in any Promotion or using any promotional discount
code, you acknowledge and agree to comply with these promotional terms and any specific terms applicable to that Promotion. We reserve the right to offer, modify, or discontinue any Promotion at any time without prior notice. We also reserve the right to determine eligibility for any Promotion in our sole discretion. Unless otherwise stated, all Promotions are subject to Product availability and may end early if inventory is exhausted.
12.2. Promotion Restrictions. Unless otherwise specified, Promotions are available only to:
a. Product purchases directly from our Site;
b. Customers located in the United States; and
c. Customers with Site accounts in good standing.
You may not combine Site promotions, discounts, gift cards or promotional codes with other offers. You may use only one promotional code per Order. Promotional codes cannot be applied after Order placement. Discounts do not apply to delivery charges unless expressly stated.
12.3. Promotional Discount Code Usage. To redeem a promotional discount code, you must enter the code in the designated field during checkout before completing your purchase. Promotional discount codes cannot be applied retroactively to completed Orders. Promotional discount codes may be case-sensitive. Please enter promotional discount codes exactly as provided. All promotional discount codes have an expiration date and/or time. Promotional discount codes entered after expiration will not be honored. Promotional discount codes are non-transferable and may not be sold, traded, or shared publicly (including on coupon Sites) unless we have explicitly authorized such sharing.
12.4. Subscription Program-Specific Promotions. Promotional discounts for Products under a Subscription Program typically apply only to the first qualifying shipment unless the Promotion explicitly states otherwise. Subsequent subscription renewals will be charged at the standard subscription price. Some Subscription Program Promotions may require you to maintain an active subscription for a minimum period (e.g., three billing cycles) to qualify for the promotional pricing. Specific requirements will be clearly disclosed at the time of enrollment. If you cancel a Product Subscription Program before fulfilling any minimum commitment period associated with a Promotion, we reserve the right to: (a) charge your payment method the difference between the promotional price and the standard price for Products already received, or (b) deny future promotional offers to your account. Changing your subscription cadence, Products, or other subscription settings may void promotional pricing unless the Promotion Terms explicitly permit such changes.
12.5. Bundle Promotions. Promotions may offer the purchase of two or more eligible Products to form a bundle or set in a single Order, in exchange for discounts tied to the number or price of the bundled Products. Any bundled discount is only valid at the time the bundle is purchased as a combination. Bundled pricing cannot retroactively apply to previously separate purchases or combine with other simultaneous discounts, unless expressly stated. We may discontinue or modify any bundle promotion at any time, including withdrawing it from sale, changing pricing, or removing items from eligibility, without liability, but such changes will not affect bundled Products already purchased. Our warranties, guarantees, and liability disclaimers for each Product in a bundle apply individually; the fact that items are sold as a bundle does not alter their separate terms.
12.6. Refunds with Promotions. If an Order is cancelled or if you return or request a refund for a Product purchased as part of a Promotion (including discounts, bundles, or free gift offers), any eligible refund will be based on the amount actually paid after any promotional discounts were applied. If your Order included a free gift, bonus item, or bundle discount, and you return only part of the Order, the value of the gift or discount will be deducted from your refund unless all qualifying items are returned.
12.7. Referral and Rewards Program Promotions. Discounts earned through referral programs, rewards programs, Subscription Program or rewards programs are subject to the specific terms of those programs in addition to these general promotional terms. Promotional bonuses (e.g., “Double Points” or “Bonus
Rewards”) must be earned and redeemed in accordance with program rules and within any specified timeframe. If your account is terminated or suspended for violation of our Terms of Sale or program rules, you will forfeit any unused promotional credits, rewards, or discounts.
13. DELAY AND EVENTS OUTSIDE OUR CONTROL
We are not responsible for delays outside our control. We shall not be in default in the performance of our obligations under these Terms if such performance is prevented or delayed because of any cause beyond our reasonable control. If supply is delayed by an event outside our control, we will contact you as soon as possible, take steps to minimize the delay effect, and will not be liable for event-caused delays provided these steps are taken. If there is a risk of substantial delay, we will contact you and you may cancel your Order and receive a refund for paid but unreceived Products. Nothing in this Section 13 limits your statutory rights.
14. LIMITATION OF LIABILITY
WE WILL NOT BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, STATUTORY, OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFIT OR REVENUES, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN. OUR LIABILITY ON ANY CLAIM OF ANY KIND FOR ANY LOSS OR DAMAGE ARISING OUT OF, RESULTING FROM, OR CONCERNING ANY ASPECT OF THESE TERMS OR FROM THE PRODUCTS OR SERVICES FURNISHED HEREUNDER SHALL NOT EXCEED THE PRICE OF THE SPECIFIC PRODUCT SHIPPED WHICH GIVES RISE TO THE CLAIM. YOU ARE RESPONSIBLE FOR ANY HAZARDOUS WASTE MANAGEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.8
15. GOVERNING LAW
These Terms shall be construed, and the respective rights and duties of you and us shall be determined, according to the laws of the New York and controlling U.S. federal law as applicable, without giving effect to its principles of conflicts of laws. The UN Convention on Contracts for the International Sale of Goods shall not apply to these Terms. Any disputes or claims not subject to arbitration, as set forth in Section 16, will be resolved exclusively in the federal or state courts of New York City, New York, and you and we consent to personal jurisdiction in those courts.
16. DISPUTE RESOLUTION AND BINDING INDIVIDUAL ARBITRATION
16.1. Purpose and Scope. The term “Dispute” means any dispute, claim, or controversy, except as specifically excluded in Section 16.2, between you and us, or any of our current or former affiliates, including parents or subsidiaries, and any predecessor or successor entity, arising out of or relating to your relationship with us or our affiliates. Disputes include those arising from your use of our Site, your purchase of any Products from us, or the interpretation, application, or enforcement of these Terms (including the validity, enforceability, or scope of this Section 16), whether based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory. The term “Dispute” is to be given the broadest possible meaning that will be enforced. If any Dispute should arise between you and us, or any of our officers, directors, employees, and agents that cannot be resolved through negotiation within the time frame described in Section 16.4, we agree to seek resolution of the Dispute only through arbitration of that Dispute in accordance with the terms of this Section 16, and not litigate any Dispute in court, except for those matters listed in Section 16.2. Arbitration means that the Dispute will be resolved by a neutral arbitrator instead
that the following causes of action and/or claims for relief are exceptions to the Disputes covered by the arbitration agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as outlined in this Section 16): (i) any claim or cause of action alleging actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) a request for the remedy of public injunctive relief, where such remedies are permitted and cannot be waived by applicable law. You or we may alternatively bring Disputes in small claims court, to the extent a dispute meets such requirements.
16.3. Opt-Out Right. YOU HAVE THE RIGHT TO OPT OUT OF BINDING ARBITRATION AND THE CLASS ACTION WAIVER WITHIN THIRTY (30) DAYS. If you do not wish to be bound by the binding arbitration and class action waiver in this Section 16, you must notify us in writing within thirty (30) days of the date that you accept, or anyone acting on your behalf accepts, these Terms unless a longer period is required by applicable law (the “Opt-Out Deadline”). Your written notification must be sent to Briogeo.notices@wella.com and must include: (1) your name; (2) your address; (3) the email address associated with your online account with us, if you have one; and (4) a clear statement that you do not wish to resolve Disputes with us through individual arbitration. In order to validly opt out, we must receive your opt-out notice no later than three (3) days after the Opt-Out Deadline for it to be valid. You agree that you must pursue any claim in arbitration or small claims court if we do not receive an opt-out notice from you, or if we receive an opt-out notice from you more than three (3) days after the Opt-Out Deadline.
16.4. Notice of Dispute. IF YOU HAVE A DISPUTE WITH US, YOU MUST SEND WRITTEN NOTICE TO Briogeo.notices@wella.com, TO GIVE US THE OPPORTUNITY TO RESOLVE THE DISPUTE INFORMALLY THROUGH NEGOTIATION. Your notice must contain the following information: (1) your name; (2) your address; (3) your email address or phone number associated with your account; (4) your online membership ID, if any; (5) your Order number, if any; (6) a brief description of the nature of the complaint; and (7) the resolution sought (together, the “Required Information”). If your notice does not contain the Required Information, we may reject your notice and you will need to re-submit a complete notice. You agree that you will not commence arbitration until sixty (60) days after you send the complete notice. The notice requirement is designed to allow us to make a fair, fact-based offer of settlement if we choose to do so. You agree that you will negotiate with us in good faith about your Dispute. If the Dispute is not resolved within sixty (60) days after we receive a complete notice, you or we may commence arbitration pursuant to the terms in this Section 16.
16.5. Arbitration Procedures. If we and you cannot resolve a Dispute through negotiation, the Dispute (except those Disputes expressly excluded in Section 16.2) will be resolved exclusively and finally by binding individual arbitration. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 16. The AAA Rules are available at http://www.adr.org or by calling 1-800-778-7879. The Federal Arbitration Act will govern the interpretation and enforcement of this Section 16. The arbitrator will have exclusive authority to resolve any Dispute, including, without limitation, disputes arising out of or related to the interpretation or application of this Section 16, including the enforceability, revocability, scope, or validity of the arbitration agreement or any portion of the arbitration agreement. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. The arbitrator's award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
16.6. Arbitration Location and Costs. The arbitration will take place in either Los Angeles County, California, in the county where you reside or at another mutually agreed location.9 If the value of the relief sought is
$10,000 or less, you or we may elect to have the arbitration conducted by telephone or based solely on written submissions, which election will be binding on you and us subject to the arbitrator's discretion to require an in-person hearing.10 Attendance at an in-person hearing may be made by telephone by you and/or us, unless the arbitrator requires otherwise. We will pay all AAA filing, administration, and arbitrator fees for any arbitration we initiate. For any arbitration you initiate, you will pay the filing fee (up to a maximum of $250 if you are a consumer), and we will pay the remaining AAA fees and costs. However, if the arbitrator finds that either the substance of your claim or the relief sought in the demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse us for all monies previously disbursed by us that are otherwise your obligation to pay under the AAA Rules. Each party will bear the expense of its own attorneys' fees, except as otherwise provided by law or this Section 16.11
16.7. Class Action Waiver. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative, class, or private attorney general proceeding. If, after exhaustion of all appeals, any of these prohibitions on non-individualized declaratory or injunctive relief; class, representative, and private attorney general claims; and consolidation are found to be unenforceable with respect to a particular claim or with respect to a particular request for relief (such as a request for injunctive relief sought with respect to a particular claim), then that claim or request for relief shall be decided by a court of competent jurisdiction, after all other arbitrable claims and requests for relief are arbitrated. You agree that you have expressly and knowingly waived these rights.
16.8. Jury Trial Waiver. YOU AND WE KNOWINGLY AND IRREVOCABLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR ANY PRODUCTS OR SERVICES PROVIDED UNDER THESE TERMS.
16.9. Severability. If any part or parts of this Section 16 are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of this Section 16 shall continue in full force and effect. If a court or arbitrator decides that any of the provisions in Section 16.7 regarding class claims, representative claims, private attorney general claims, consolidation, or non-individualized relief are unenforceable or invalid, then Sections 16.1 through 16.6 and 16.8 through 16.10 will not apply. Instead, such claims will be severed and proceed in a court of law rather than by arbitration. This Section 16 will survive the termination of your relationship with us.
16.10. Future Changes to Arbitration Agreement. Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any future material change to this arbitration agreement, we will notify you. Unless you reject the change within thirty (30) days of such change becoming effective by writing to us atBriogeo.notices@wella.com, your continued use of our Site or purchase of Products, including acceptance of Products or services offered on our Site following the posting of changes to this arbitration agreement, constitutes your acceptance of any such changes. Changes to this Section 16 do not provide you with a new opportunity to opt out of the arbitration agreement if you have previously agreed to a version of these Terms and did not validly opt out of arbitration. If you reject any change or update to this Section
16, and you were bound by an existing agreement to arbitrate Disputes arising out of or relating in any way to your access to or use of our Site, any Products purchased or received, these Terms, or any aspect of your relationship with us, the provisions of this Section 16 as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms) remain in full force and effect. We will continue to honor any valid opt-outs of the arbitration agreement that you made to a prior version of these Terms.
17. PRIVACY AND DATA PROTECTION
17.1. Privacy Policy. Our collection, use, and disclosure of your personal information is governed by our Privacy Policy, available at https://www.briogeohair.com/pages/privacy-policy.
17.2. Your Purchase Information. You confirm that any personal data you provide when you register an account with us or place an Order is true, accurate, current and complete in all respects; and that you will notify us immediately of any changes to the personal data by updating these details on your Site account.
17.3. Account Security. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.
18. PRODUCT SAFETY AND USAGE
18.1. Product Instructions. You must follow all Product instructions, warnings, and safety information provided with the Products. Failure to do so may result in injury, damage, or voiding of warranty coverage.
18.2. Allergen Information. Our Products may contain ingredients that could cause allergic reactions in some individuals. You are responsible for reviewing ingredient lists before use. If you have known allergies or sensitivities, consult the Product labeling or contact us before purchase.
18.3. Patch Testing. We recommend conducting a patch test before using any new haircare Product, especially if you have sensitive skin or a history of allergic reactions.
18.4. Professional Use Disclaimer. Products sold for consumer use are not warranted or intended for professional salon use unless specifically designated as professional Products. Use of consumer Products in a professional setting may void warranty coverage.
19. GENERAL PROVISIONS12
19.1. Entire Agreement. These Terms, together with any Additional Terms and the Terms of Use, constitute the entire agreement between you and us regarding the purchase of Products and supersede all prior or contemporaneous understandings and agreements, whether written or oral, regarding such subject matter.
19.2. Assignment. You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may assign these Terms or any rights or obligations hereunder without restriction. Any attempted assignment in violation of Section 19.2 will be null and void.
19.3. Waiver. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by us.
19.4. Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision.
19.5. Headings. Section headings are for convenience only and do not affect the interpretation of these Terms.
19.6. No Third-Party Beneficiaries. These Terms do not create any third-party beneficiary rights except as expressly stated herein.
19.7. Survival. Sections that by their nature should survive termination of these Terms will survive, including but not limited to Section 16.
19.8. Notices.
a. To You. We may provide notices to you via email to the address you provided during the Order process, by posting on our Site, or by mail to your billing or shipping address. Notices sent by email will be deemed received twenty-four (24) hours after sending, unless we receive notice that the email was not delivered.
b. To Us. Other than as specifically provided in these Terms, to give us notice under these Terms, you must contact us at the mailing address in Section 21 as follows: by personal delivery, overnight courier, or registered or certified mail, in each case with a copy to us by email to support@briogeohair.com. We may update the address for notices to us by posting a notice on the Site.
c. Notices provided by personal delivery will be effective c. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
19.9. Language. These Terms are drafted in English. If these Terms are translated into any other language, the English version will prevail in case of any conflict or inconsistency.
20. CONTACT INFORMATION
If you have any questions about these Terms or need assistance with your Order, please contact us:
Customer Service: Email: support@briogeohair.com Hours: Monday to Friday 9am to 5pm EST
Returns and Exchanges: Email: support@briogeohair.com
Mailing Address: Wella Operations US llc,
100 Park Ave, 17th Floor, New York, NY 10017