Shipping Protection Terms of Use
ARBITRATION AND CLASS WAIVER NOTICE
Please note that these Shipping Protection Terms of Use contain an arbitration clause and class action wavier (see “Dispute Resolution, Arbitration. Class Waiver” section below). Through your agreement to these Terms of Service: (i) you and we agree to resolve through binding, individual arbitration, and not in court, any and all disputes arising from or relating to these Shipping Protection Terms of Use. You each expressly waive any rights to enforce this agreement in court or as a class, subject to the limited exceptions described below. THIS MEANS THAT ALL DISPUTES WILL BE DECIDED BY AN ARBITRATOR AND YOU ARE GIVING UP THE RIGHT TO GO TO COURT AND THE RIGHT TO A TRIAL BY JURY. AS WELL AS THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION.TERMS OF USE
You (“You,” “Customer” or “User”) are entering this binding Agreement with BIG PledgeCo, LLC dba Beauty Industry Group, a Delaware limited liability company, and its wholly owned subsidiaries (collectively “BIG” or “Owner”). Accordingly, you should read these Shipping Protection Terms of Use (“Terms of Use”) before purchasing BIG’s Shipping Protection services (“Shipping Protection”). By purchasing Shipping Protection, Customer agrees to be bound by these Terms of Use and be liable to BIG for any noncompliance with these Terms of Use. If Customer does not agree to these Terms of Use, Customer should opt out of purchasing Shipping Protection.Shipping Protection Service.
BIG has implemented a Shipping Protection Program (“Program”) to provide Customers with Shipping Protection in connection with products (“Products”) purchased on BIG’s websites. Shipping Protection is offered as a service on BIG’s websites, allowing BIG to provide Customers with an option to purchase Shipping Protection as an add-on to Product purchases totaling two thousand dollars $2,000.00 or less.Verification of Loss of Damage.
In the event of loss, damage, or theft during shipment of Product purchased by Customer on BIG’s website(s), and upon verification in BIG’s sole discretion that the Product was actually lost, damaged or stolen, Customer will be provided (at Customer’s election) with either (a) full replacement of the Product purchased by Customer and shipped by BIG up to a retail value of $2000.00, or (b) a refund in the amount of the purchase price paid by Customer for the Product up to a purchase price of $2000.00. For the avoidance of doubt, under no circumstances shall BIG refund the price paid by Customer for Shipping Protection.Shipping Protection Fees.
Shipping Protection fees charged by BIG shall be a percentage of the total price of the accompanying Product(s) purchased by customer. Shipping Protection fees may vary from time to time, be changed in BIG’s sole discretion, and may differ on BIG’s various websites. BIG retains the absolute right to revise Shipping Protection fees at any time. In addition, Shipping Protection fees are non-refundable.No Insurance.
Both Customer and BIG agree and acknowledge that the relationship between them is contractual only and is not that of an insurer and insured. In addition, the value of Shipping Protection coverage is not and shall not constitute insurance of any kind whatsoever. Procedure for Shipping Protection.
Timely and Complete Notice of Claim.
Customer must provide BIG with Timely Notice of a claim under the Shipping Protection Program. Timely Notice is defined below for each of a loss, damage, or theft claim (each individually a “Claim”).Loss Claims: Must be filed no earlier than seven (7) days from the anticipated delivery date (as evidenced by shipment tracking data provided by BIG or its authorized third-party provider) and no later than thirty (30) days from the date of the last scan in the package tracking data (as evidenced by shipment tracking data provided by BIG or its authorized third-party provider).
Theft & Damage Claims:Upon receiving a timely Claim notice, BIG will respond to Customer as soon as reasonably practicable. Customer may be required to provide information, documentation and evidence that purchased Product was lost, damaged or stolen. Such information and evidence may include proof of purchase, photographs, Customer’s shipment tracking records, and with respect to theft, copies of any report(s) filed with Customer’s local law enforcement agency. Customer agrees to provide any additional information or documentation as may be reasonably requested by the BIG.