Terms & Conditions 

The following Terms of Service (the “Terms”) describe your rights and obligations when using the KORRES (“we,” “us,” “our”) products, services, website (“Site”) or other offerings (collectively, the “Services”). By using our Services, you agree to be legally bound to all the following Terms. Before you use our Services, please read through the entirety of the Terms. If you do not wish to adhere to these terms, please do not use the Services.  

  

These Terms are subject to change at any time without advance notice. We will post the most updated Terms on our Site with the date at which it was updated. All new terms are effective as of the date of publishing. By continuing to use our Services after a change in the Terms, you agree to be bound by the new Terms. Please visit this page regularly to ensure that you are aware of any and all changes made to the Terms.  

If you wish to know about our data privacy practices, please visit our Privacy Policy. Our Services are not directed to anyone under the age of thirteen (13). 

 1. The Services

The Services include your experience in our physical store locations, Site (including the online store), and newsletters. You can access all these Services through our Site. Our Services may vary based on availability of products in stores or online.

2. User Content

When you use our Services, you may be able to leave reviews on products, interact with customer service, and input preferences. You remain the sole owner of all intellectual property rights in what you post. You are solely responsible for all content you share through our Services.

3. User Code of Conduct

You agree to follow the codes of conductenumeratedin these Terms onthe KORRESServices. KORRES may decide in its sole discretion whether content violates these rules of conduct. Youare responsible forall content that you post to our Services and represent that you have permission from all copyright or trademark owners to post any copyrighted or trademarked material. You may not post content that is intentionally rude, degrading, defamatory, or otherwise offensive. You may not post identifying information of other users, access another user’s account without authorization. You may not advertise orsolicitbusiness on our Services. You may not post any linkscontainingviruses, trojan horses, worms, or other pieces of code designed and meant to harm others,operateon the device of another, or be used for malicious purposes. KORRES shall have the right, but not the obligation to inspect, monitor, review, edit, remove,refuseordeleteany content for any of the above reasons.

4. Security

By creating accounts and passwords on our Site, you agree tomaintainthe confidentiality of your login credentials andare responsible forrestricting access to your personal computer and mobile devices. You agree to use the Services and Site for lawful purposes only and will notparticipatein any action that will compromise the security of the Site or damage the Site and its content. KORRES uses commercially reasonable efforts to best ensure the security of our Services and your information. However, no website or service is entirely secure. If you would like more information on how we protect your information, please read our Privacy Policy.

5. Third Party Conduct

You may be able to access and/or use content provided bythird-partiesnot affiliated with KORRES on our Services, including social media networks or other content that may be posted on our Services.KORRES has no control over the contents of these third parties and as such, takes no responsibility for anything you may encounter on those sites, including but not limited to malware or other harmful software or offensive and objectionable content.Remember that when you link to another site, that other site is governed by its own user agreement and privacy statement, which you should be sure to read.

6. Intellectual Property

The Sitecontainsmaterial, including but not limited to software, text,graphicsand images (collectively referred to as the “Content”). We may own the Content, or portions of the Content may be made available to us through arrangements that we have with third parties. We do not guarantee that any Content you access on or through the Site is or will continue to beaccurate. The Content is protected by United States and foreign intellectual property laws. Unauthorized use of the Content may result in violation of copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use, copy or display the Content, including but not limited touseof framing or mirrors, except as permitted under this Agreement. No other use ispermittedwithout our prior written consent. You mustretainall copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, ormodifythe Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of any of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of this Agreement, your right to access and/or use the Content and Site shall automaticallyterminateand you shallimmediatelydestroy any copies you have made of the Content.

7. Trademarks 

All product names, logos, and seals of “KORRES,” are trademarks (“Trademarks”) belonging to us. You may not use any of these Trademarks, or any variations of the Trademarks, without prior written authorization of KORRES. It is prohibited to use any of the Trademarks in any manner that intentionally or unintendedly claims, suggests, or gives the appearance or impression of any sort of relationship with or endorsement by KORRES.Nothing in these Terms should be interpreted as granting any sort of license or right to use the Trademarks displayed on our Services without express, written permission of the Trademark owner.

8. Electronic Communication and Text Messaging

When you use the KORRES Site and services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically.If you elect to receive marketing and support text messages from us, either via our website or by sending a text message indicating your consent, you are providing (and signing) you prior express written consent to receive recurring marketing or promotional and support text messages from us (each, a “Text Message”) sent through an automatic telephone dialing system. These may include cart abandonmessages. Message frequency varies. This service is optional, and your consent is not a condition for purchase. You can opt out of receiving any further Text Messages from this program at any time by replying “STOP” to any Text Message you receive from us. For help, reply “HELP” to any Text Message you receive from us or email support@korres.com. In addition to any fee of which you are notified, your mobile provider’s message and date rates may apply to our confirmation Text Message and allsubsequentText Message correspondence according to your individual data plan provided by your wireless carrier. Please consult your mobile service carrier’s pricing plan todeterminethe charges for browsing data and sending and receiving Text Messages. Under no circumstances will we or our affiliatesbe responsible forany Text messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. If your carrier does notpermitText messages, you may not receive Text Messages. Neither we nor the wireless carriers will be liable for any delays in the receipt of or failure todeliveryany Text Messages as delivery is subject to effective transmission from your network operator.Text Message services are provided on an “AS IS” basis. Data obtained from you in connection with any Text Message services may include your cell phone number, your provider’s name and the date,timeand content of your text messages. We may use this informationin accordance withour Privacy Policy to contact you and to provide the services you request from us. For more information on how we use telephone numbers please read our Privacy Policy.

9. Digital Millennium Copyright Act

KORRES is committed to complying with U.S. copyright and related laws and requires all users of the Site to comply with these laws. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 ("DMCA") to report alleged infringements. A copyright owner of any content should contact KORRES immediately to report any concerns of infringement by providing notice to KORRES’ Designated Agent as required by the DMCA, Title 17 U.S.C. § 512. Please contact us at support@korres.com and include the following in your correspondence: 
 

  • The copyrighted work or works you believe have been infringed upon 
  • The content you claim to be infringing upon your own work 
  • Contact information including email address and phone number 
  • A full statement explaining that the material has been used without authorization by either the copyright owner or an authorized agent of the copyright owner 
  • A full statement certifying that all information submitted is accurate and complete and that you, as the person submitting a complaint, are authorized to act on behalf of the copyright regarding DMCA claims 

10. Store Product Representation

Every attempt is made to provideaccurateinformation about KORRES products on the Site. KORRES does notwarrantthat any information, including product descriptions, promotions, and product availability, is correct, complete, current, or without typographical errors. All typographical errors, inaccuracies, and omissions are subject to correction. KORRES makes every effort to present the colors of products as accurately as possible.The display of color depends on the settings of a user's particular monitor; KORRES cannot guarantee that the colors displayed on an individual's monitor will be correct.

11. KORRES Circle Reward Program

Membership Eligibility and Overview

The KORRES Circle Rewards Program (“Program”) is a free rewards program offered by KORRES (“we,” “us,” “our”). The Program is available to individuals for their personal use only and is limited to one account per individual. Corporations, associations or other groups may not participate in the Program. Individuals who are legal residents of the United States (including its territories and possessions) and at least 13 years or older and who provide and maintain a valid email address are eligible to become members. If you are between the age of 13 and the age of majority in your state of residence (“eligible minor”), you may only participate in the Program with the consent and supervision of your parent or legal guardian. This Program is not targeted at children or intended for use by anyone under the age of 13. Employees of KORRES and its affiliates are not eligible to participate in the Program. No purchase is necessary to join the Program. The Program may not be used for any business or commercial purpose and we may refuse to create an account for any reason. 
 
By joining the Program and becoming a Program member, you or your parent or legal guardian, if you are an eligible minor (individually and collectively, “you,” “your,” or “Member”), agree that you have read, understood and agree to be bound by these Program Terms and Conditions (“Terms”) and by any changes or modifications we may make. You should review these Terms and the related policies and FAQS frequently to understand the terms and conditions that apply to the Program as they may change from time to time. These Terms do not alter in any way the terms or conditions of any other agreement you may have with us, including any agreement for products or services. By enrolling in the Program, you also agree to be bound by our website PRIVACY POLICY and our website TERMS OF SERVICE, which are incorporated herein by reference. If you do not agree to these Terms, our website PRIVACY POLICY, and our website TERMS OF SERVICE, you cannot participate in the Program. The Program is void where prohibited by law. 
 
Affiliates of KORRES (e.g. KORRES France, KORRES UK, KORRES Greece, etc.) may also have similar loyalty programs. Membership in the Program does not confer any rights or benefits in the program of any other KORRES affiliate. 
 
Program Enrollment 
Eligible individuals may enroll in the Program through one of the following options: 

  • Visit https://www.korres.com (collectively, the “Site”) and follow the Program prompts to register for the Program 
  • If you are between the ages of 13 and the age of majority in your state of residence, by enrolling in the Program, you are certifying that on your behalf, your parent or legal guardian has consented to your enrollment in the Program, and has read, understood and agreed to be bound by these Terms, our PRIVACY POLICY and our website TERMS OF SERVICE which are incorporated by reference, and by any changes or modification we may make. 
  • You are required to provide your full name, email address, and accept the Terms in order to enroll. If you enroll at the Site, you must also create a password. To access certain Program benefits and rewards, you might need to provide us with your birthday, but birthday is not mandatory for Program enrollment. You are solely responsible for maintaining the accuracy of your account information and for updating it as required.  
  • You may check and update your personal information on the Site. It’s important to note that while you can update your phone number and name/surname at any time, the email address and the birthday will, once submitted, will remain static to maintain the integrity of your account.  
  • Only one Program account may be associated with a single member and a single email address. In the event of a dispute over the identity of the member enrolled in the Program, the member will be deemed to be the authorized account holder of the email address, submitted at the time of enrollment. For purposes of these Terms, the "authorized account holder" is the natural person who is assigned to the submitted email address by an internet provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. 

  

Program Benefits and Tiers Generally 

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 are able to unlock Program loyalty tiers by making eligible purchases or taking certain other Program actions. Eligible purchases and other opportunities to unlock Program loyalty tiers will be posted on the Site or may be published through other media (e.g., in-store, in marketing communications, social media, etc.). Once you unlock a certain loyalty tier, you may be eligible for certain benefits and rewards applicable to that tier, which benefits may change from time to time and may be offered on a limited basis. Visit our FAQS for a current list of available benefits and rewards. 

  

The Program is a tier-based program determined by the amount a member has spent on qualifying purchases within a single year from their registration day( “member year” or “registration year”) and every one year after that. There are 3 tiers with associated benefits – Tier 1, Tier 2 and Tier 3. Tier 1 under the name Friend, Tier 2 under the name Insider and Tier 3 under the name Ambassador.  

 

KORRES Circle Points and Expiration 

On January 1st of each year, KORRES will assess each customer’s total spend and bonus points from the previous year to assign them to the appropriate tier. Once assigned, customers will remain in the same tier for the entire year, accumulating points and redeeming rewards based on their tier’s multiplier. Customers cannot change tiers within the year, except for new sign-ups, who can be placed directly into their appropriate tier based on the same criteria applied at the year’s start. 

 

Newly registered customers are the only ones who can upgrade their tier through 

their activity in the first year.  

 

Tier 1 – Friends  

When you join, you’ll automatically be placed in the Friend Tier and be eligible for all the benefits Friends receive. Friend Tier is assigned to Customers with a 12-month spend of up to $250.  

 

Tier 2 – Insider  

Purchases of $251 to $750 in 12-month period are required to advance to the Insider Tier and qualify for Insider benefits.  

 

Tier 3 – Ambassador  

Purchases of $751 or more in a 12-month period are required to advance to the Ambassador Tier and qualify for Ambassador benefits.  

 

More information below on the benefits and rewards connected to each Tier, or visit our FAQS for a current list of available benefits and rewards. 

 

For your eligible purchase to qualify for the Program, you must be enrolled in the Program and you must provide your Program member identification at the time of purchase by logging into your account on the Site. To earn rewards and benefits, your purchase must be made on qualifying products and services. Qualifying purchases include regular priced merchandise and services, and exclude gift cards, sales tax, state fees, shipping charges, delivery charges and other excluded charges and/or purchases as specified by us from time-to-time, including, but not limited to, certain charitable products where funds are donated to certain charitable organization, value sets, select premium products and services, and other specified products. 

 

Bonus Points 

Other than purchases, you can earn points through activities such as:  

  • Registering to KORRES Circle: 10 points  
  • Joining the email list: 10 points 
  • Leaving a product review: 5 points  
  • Adding your birthday to your account details: 5 points 

  

Neither accounts nor rewards may be shared or combined. Only the member paying for the products may accumulate benefits and rewards. We reserve the right to monitor the number of accounts per household and refuse, merge or close additional or duplicate accounts at any time. 

  

Tier Benefits 

Benefits and rewards earned through the Program have no cash value, are non-transferable, and you have no property rights in or to rewards or other Program benefits. Purchase balances credited to your Program account will be decreased or reversed, as applicable, if all or part of the purchase is returned or cancelled, or if the credit is obtained through fraudulent or other activity that violates these Terms as determined by us in our sole discretion. We are not responsible for rewards lost or redeemed due to fraudulent activity by you or any third party. We are not responsible for rewards that are lost, stolen or otherwise destroyed. The sale, barter, transfer, or assignment of any rewards or benefits offered through the Program, other than by us, is expressly prohibited. Any applicable tax liabilities resulting from rewards earned under the Program are the responsibility of the member. 

 

Tier 1- Friends: 

  • With every purchase we Give You Back your order value multiplied by 0.5 to redeem instantly 
  • Early Access to promos 
  • Exclusive Promos 
  • Free Shipping above $81 + 
  • Virtual masterclasses 
  • Birthday bonus points 

 

Tier 2 – Insider: 

  • With every purchase we Give You Back your order value multiplied by 1 to redeem instantly 
  • Early Access to promos 
  • Exclusive Promos 
  • Free Shipping above $81 + 
  • Virtual masterclasses 
  • Birthday bonus points 
  • Quarterly QnA sessions via ZOOM  
  • Trip to NYC Contest in our flag store 

 

Tier 3 – Ambassador: 

  • With every purchase we Give You Back your order value multiplied by 1.5 to redeem instantly 
  • Early Access to promos 
  • Exclusive Promos 
  • Free Shipping all orders 
  • Virtual masterclasses 
  • Birthday bonus points 
  • Limited edition collections 
  • Quarterly QnA sessions via ZOOM 
  • Trip to Greece Contest | KORRES behind the scenes 
  • You are one of us: Try Lab Samples & Score Products Pre-Launch 
  • Exclusive invitations to PR & Influencer Events 

  

We reserve the right to change Program benefits, how you unlock each Program tier and how we evaluate and reward your eligible purchases and/or other Program activity. We reserve the right to place limits on the number of purchases or activities that are eligible for the Program and/or for any given tier, the number or types of rewards or benefits you may receive or earn in any given tier, in a given time period or for the duration of the Program, and/or any combination thereof. 

  

If you have concerns that a purchase or other activity was not properly applied to your account, you should contact KORRES Customer Service at support@korres.com. Your email must specify your name, address, phone number, and email address associated with 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 are not responsible for late notifications about purchases or other Program activities not being credited to an account. 

How to Redeem Your Points 

Customers can redeem their points in 3 different ways: 

  • Log in to their account and find available redeemable products on the My Circle Page. 
  • Log in to their account and find available products on the Redemption Page. 
  • Enter the product page and click on the redeem button. 

Rewards can only be redeemed on the Site. Purchases made in department stores, specialty stores, stores not solely owned and operated by Partner or outside of the United States are not eligible for the Program. 

Rewards cannot be exchanged or returned for another product or service, or a monetary refund. 

A guest user is defined as a user who does not have an account in the KORRES Circle Loyalty Program. They may have made a purchase before or registered for the KORRES Newsletter, but they have not joined the KORRES Circle Loyalty Program.  

The products and services available through the Program and any samples that we may provide to you are for personal use only. You may not 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 Terms. 

Marketing Communications 

By enrolling in the Program, you will be automatically subscribed to receive and consent to receiving (1) Program related emails, including Program marketing emails and (2) KORRES Online emails, including marketing emails. 

  

You may opt-out of receiving Program or KORRES Online marketing emails at any time, but operational emails will still be sent to you as they relate to your membership in the Program, and you consent to their receipt. Examples of these include, but are not limited to, a redemption confirmation email, a profile update email, or other communications that relate to your account. If you terminate your Program membership, you will no longer receive Program-related communications. 

  

Termination and Modifications 

The Program and its benefits are offered at our sole discretion. We may, in our discretion, cancel, modify, restrict or terminate these 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. 

  

We reserve the right, at any time, in our sole discretion to: (1) exclude you from participation in the Program; (2) discontinue your participation in the Program; and/or (3) suspend or audit your membership account for any amount of time without prior notice. Any suspected abuse of the Program, failure to follow any Terms, membership inactivity for more than 12 months, illegal activity, fraud, misrepresentation or other conduct inconsistent with these Terms and/or detrimental to us or our interests, including without limitation, any suspected illegal, fraudulent other unauthorized use of any Program rewards and/or benefits, may result in the revocation of your membership, loss of accrued points, and make you ineligible for further participation in the Program. If your membership is revoked, any rewards or benefits in your account will automatically expire and your access to the Program and features will automatically terminate, in our sole discretion. If, in our sole discretion, we suspect fraud, misrepresentation, abuse or violation of these Terms, we also have the right to take appropriate legal action. 

  

If you decide you no longer want to be a part of the Program, you may cancel your membership at any time by contacting KORRES Customer Service at support@korres.com

  

Disclaimer of Warranties; Limitation of Liability 

NEITHER KORRES NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS OR THE PROGRAM OR ANY OF THE REWARDS OR BENEFITS ASSOCIATED WITH THE PROGRAM INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. 

  

YOU AGREE THAT NEITHER KORRES NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY (A) INTERRUPTION OF BUSINESS; (B) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE PROGRAM; (C) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (D) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF THIRD PARTY LINKS ON THE SITE OR USE OF ANY REWARD OR BENEFIT OF THE PROGRAM; (E) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (F) ANY INACCURACIES OR OMISSIONS IN PROGRAM CONTENT; OR (G) EVENTS BEYOND OUR REASONABLE CONTROL. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED. 

  

FURTHER, NEITHER KORRES NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE PROGRAM OR AND YOUR PARTICIPATION THEREIN, WHETHER IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00). 

  

YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, YOUR PARTICIPATION IN THE PROGRAM, USE OF ANY REWARDS OR OTHER BENEFIT OR THESE TERMS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU ARE DISSATISFIED WITH THE PROGRAM, TERMINATION OF YOUR MEMBERSHIP IN THE PROGRAM IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU. 

  

Indemnification 

You agree to defend, indemnify and hold us, our parents, subsidiaries, affiliates, partners, licensors, officers, directors, employees, and agents harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your participation in the Program in violation of any law, rule, regulation or these Terms. 

Governing Law and Disputes 

This Program and these Terms will be governed by and construed under the substantive laws of the State of New York, as if they were a contract wholly entered into and wholly performed within New York and without reference to conflict-of-laws considerations. 

Should have a complaint in relation to our loyalty program, please contact our help team directly through support@korres.com

  

We aim to resolve problems promptly. If we cannot find an instant solution we will let you know how long we expect it to take. Once we have completed our investigations we will let you know our decision, and the reasoning behind it. 

  

If you are not satisfied with the way your complaint has been resolved, or indeed the steps we have taken, you may wish to contact a dispute resolution scheme. We also welcome feedback directly as we strive to act in your interest and provide great customer service through fair decision making. 

  

ANY DISPUTE RELATING IN ANY WAY TO THIS PROGRAM, THESE TERMS, YOUR PROGRAM MEMBERSHIP, OR THE RELATIONSHIP BETWEEN THE PARTIES SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN NEW YORK AND YOU AGREE TO SUBMIT YOURSELF TO THE JURISDICTION AND PROCEEDINGS THEREOF. ARBITRATION MEANS THAT A SINGLE ARBITRATOR WILL DECIDE THE CLAIM, AND YOU WILL NOT HAVE THE RIGHT TO SUE IN COURT OR TO HAVE A JUDGE OR JURY DECIDE YOUR CLAIM. YOUR RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY ALSO BE LIMITED IN ARBITRATION. It is further agreed that any dispute over the scope of this arbitration provision and any dispute as to whether a claim is arbitral shall be submitted to the arbitrator for decision. Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. Arbitration under these Terms shall be conducted under the Consumer-Related Disputes Supplementary Rules then prevailing with the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. 

  

You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually, and (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

12. Billing. Payment. Ordering.

Accuracy of Billing Information 

You agree to provide KORRES your current, complete, and accurate payment and contact information for all purchases you make through our Services. It is your responsibility to ensure that all of your information is correct and up to date. You agree to update contact information and payment information promptly. 

  

Payment 

We accept the following bank or credit cards: Visa, MasterCard, American Express, Discover and PayPal. For your convenience, we can save your bank or credit card information. For express checkout you can also use Shop Pay or Google Pay. We offer our users After Pay services to pay their amount due in separate installments. 

  

Third Party Providers. 

We use and reserve the right to continue using third party payment providers (“Payment Processors”). Your electronic payment of fees through any Payment Processors is also governed by the Payment Processors’ terms of service and privacy policy. Currently, we use PayPal, Inc. (“PayPal”), Shop Pay (“Shopify”) and Google Pay (“Google”) as our Payment Processors for payment services (e.g., card acceptance and related services), but may add others from time to time. By making payments via the Service, you agree to be bound by PayPal’s, Shopify’s, and Google’s Terms of Service and Privacy Policy as applicable. You hereby consent to provide and authorize KORRES and the Payment Processors to share any information and payment instructions you provide to the extent required to complete the payment transactions in accordance with these Terms, including personal, financial, credit card payment, and transaction information. 

  

Orders 

Unless otherwise specified, prices quoted are exclusive of: (a) the costs of shipping to the agreed place of delivery; and (b) value added tax and any other tax or duty which (where applicable) must be added to the price payable. You agree to pay for taxes, shipping or carriage of the Products as such costs are specified by us when you submit your order. 

  

Some of the Services that we offer, such as “Subscribe and Save” service, may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. You will have the ability to specify how regularly you would like to order any auto-replacing products. BY CHOOSING A RECURRING PAYMENT PLAN, YOU ACKNOWLEDGE AND AGREE THAT (A) KORRES (OR OUR THIRD-PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU ON A RECURRING BASIS (E.G., MONTHLY) FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES AND (B) YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO THE SITE OR PRODUCTS. YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME BY VISITING YOUR ONLINE KORRES ACCOUNT OR EMAILING THE KORRES CONSUMER EXPERIENCE TEAM AT SUPPORT@KORRES.COM FOR ASSISTANCE. YOU WILL BE RESPONSIBLE FOR ALL CHARGES INCURRED WITH RESPECT TO ANY ORDER PROCESSED PRIOR TO THE CANCELLATION OF YOUR SUBSCRIPTION. All recurring payments are fully earned upon payment. 

  

All orders of products must be for your personal use only. By purchasing products, you hereby agree not to resell or distribute such products for any commercial purposes. KORRES reserves the right to refuse any order you place through our Services based on product availability, noncompliance with these Terms or any other reason as determined in our sole discretion. We will attempt to notify you of changes to or cancellations of your orders by using the contact information you provided when placing your order. If we suspect an order is being made by unauthorized dealers, resellers, or distributors, we will limit or prohibit the order. 

  

Order Changes and Cancellations 
KORRES kindly asks you to confirm all details of your order before placing it, as orders cannot be changed once they are in our systems/ystem. 

  1.  Returns and Exchanges

 

Except for gift cards, returns are accepted within 30 days of your order date for KORRES products. Returned items will be inspected and must be returned in unopened and original condition or gently used. Items marked as Final Sale and promotional items (e.g. free gifts with purchase, buy one get one free items) cannot be returned. 

  

To return your products please email us at support@korres.com with your name, address, order number and the products you would like to return. After we receive your written request, we will respond with further instructions about returning the products to us. Return shipping labels are not covered as part of the return process. 

  

After we receive your returned items, we will process your refund onto your original form of payment. Original shipping and handling fees and international surcharges will not be refunded. Please allow 14 business days from receipt of your returned item(s) for your refund to post. 

13. Termination and Modification of Services

KORRES may at any time, in its sole discretion terminate your use of the Services, with written notice to you. You may terminate your participation in our Services at any time. When you terminate your account, you will still be responsible for any payments you have yet to complete for any orders you made prior to the termination of your account.

14. Disclaimers

YOU AGREE TO ARBITRATE ALL DISPUTES RELATED TO THE SERVICES, AT PRESENT AND IN THE FUTURE. YOU AGREE THAT ANY AND ALL CONTROVERSIES, CLAIMS, OR DISPUTES WITH ANYONE (INCLUDING KORRES AND ANY EMPLOYEE, OFFICER, DIRECTOR, SHAREHOLDER OR BENEFIT PLAN OF KORRES IN THEIR CAPACITY AS SUCH OR OTHERWISE), ARISING OUT OF, RELATING TO, OR RESULTING FROM YOUR USE OF THE SERVICES OR OTHER RELATIONSHIP WITH CHANGE MAKER, INCLUDING ANY BREACH OF THESE TERMS, SHALL BE SUBJECT TO BINDING ARBITRATION UNDER THE FEDERAL ARBITRATION ACT. 

  

Limitation of Liability 

IN NO EVENT SHALL KORRES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS OR LOSS OF BUSINESS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY OF LIABILITY, REGARDLESS OF WHETHER CHANGE MAKER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT SHALL KORRES’ LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS EXCEED THE VALUE OF YOUR TRANSACTION WITH KORRES. 

  

Indemnification 

By using our Services, you agree to indemnify, defend, hold harmless, KORRES, its affiliates, and the officers, directors, employees, licensors, service providers and agents of KORRES and its affiliates, from any and all claims, liabilities, expenses, and damages, including reasonable attorneys’ fees and costs resulting from or arising out of your connection to and use of our Services, your violation of these Terms, or your violation of any law or rights of a third party. 

  

Governing Law 

All claims related to these Terms shall be governed by the laws of the State of New York, without regard to the conflicts of law provisions of any jurisdiction. To the extent that any lawsuit is permitted under these Terms, you hereby expressly consent to the personal and exclusive jurisdiction and venue of the state and federal courts located in New York. 

 

  1. General Terms

Severability and Waiver 

If a court or other body of competent jurisdiction finds any provision of these Terms, or portion thereof, to be invalid or unenforceable, such provision will be enforced to the maximum extent permissible so as to affect the original intent, and the remainder of these Terms will continue in full force and effect. 

  

Waiver by KORRES of a breach of any provision of these Terms will not operate as a waiver of any other or subsequent breach. 

  

Entire Agreement 

You agree that these Terms constitute the entire agreement and understanding between you and KORRES with respect to your use of the Services. 

  

Notice to California Users 

Under California Civil Code Section 1789.3, California users of electronic Site are entitled to the following notice: you can contact The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 N. Market Blvd., Suite S-202, Sacramento, CA 95834, or by phone at (800) 952-5210. 

  

If you have any questions regarding these terms, please email us at support@korres.com

 

Dealer/Reseller Terms and Conditions of Authorized Resale 

KORRES, recruits and sells to parties seeking to resell KORRES’s products to end users, and to be identified as authorized dealers. By virtue of, and in exchange for, the right to be an authorized dealer (“DEALER”) of KORRES’s products, and in exchange for the continuing right to purchase KORRES’s products for resale, upon being approved as a DEALER by KORRES, every DEALER of KORRES’s products agrees to be subject to, and bound by, the provisions of these “Dealer/Reseller Terms and Conditions of Authorized Resale” (“TERMS AND CONDITIONS”) set forth below, review of which is incumbent upon every DEALER. 

 

 1. Minimum Advertised Pricing (“MAP”) Policy

The products covered by KORRES’s MAP policy are listed in the price list provided to DEALER by KORRES (“MAP Products”), and as updated or amended from time to time. MAP Products may not be advertised or offered for sale below the prices identified by KORRES for MAP Products. KORRES may, in its sole discretion, modify the list and prices of MAP Products from time to time. The MAP Policy applies to all advertisements of MAP Products in any and all media, including but not limited to flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, television, radio, and public signage, as well as Internet sites, social media sites, apps, or any other electronic media. The MAP Policy applies to advertised prices, not the price at which MAP Products are actually sold or offered for sale to an individual in-store or over the telephone. “Bundling” or advertising KORRES products for sale together with other products will violate this MAP Policy when: i. the effective or stated price of the bundle represents a discount of greater than 10% of the MAP; or ii. the product(s) bundled with MAP Products violate KORRES’s Intellectual Property rights; or iii. the product(s) bundled with MAP Products include words, packaging, graphics, or other indicia which may create customer confusion as to the source of the product(s). 

 


 2. Sell to Retail Consumers and End Users Only

DEALER may not sell in bulk to B2B accounts, wholesalers, or freight forwarders/drop shippers for other retailers. DEALER may only sell to consumers or end users. 

 


 3. Only Sell KORRES Products in Original Packaging

DEALER may not alter original KORRES packaging in any way prior to reselling KORRES products. Removing KORRES products from packaging and reselling KORRES products in a different packaging or under a different name is strictly prohibited. 

 


 4. Customer Confusion

DEALER will not advertise, market, display, or demonstrate non-KORRES products together with KORRES products in a manner that would create the impression that the non-KORRES products are made by, endorsed by, or associated with KORRES. 

 


 5. Sell on Approved Retail Website(s) Only

DEALER must only take orders via publicly accessible ecommerce enabled web pages hosted on approved websites owned and operated by your DEALER. Selling on 3rd party sites (eBay, Amazon, Alibaba, etc.), drop- ship accounts (Buy.com, Newegg.com, Overstock.com, etc.), classified sites (Craigslist.com, Facebook Marketplace, etc.) or direct messages on forums is strictly prohibited.

 

 
 6. Trademark and Branding Policy

KORRES’s trademarks and trade dress are protected in United States, and may not be used without KORRES’s written permission. KORRES’s trademarks and trade dress include phrases or images that identify the source or origin of KORRES’s products. DEALER may use KORRES’s wordmarks and logos in truthful and factual statements to communicate that the KORRES products that DEALER offers for sale are genuine branded KORRES products. 

DEALER may not alter or modify KORRES’s marks or logos, or use them in a confusing way that suggests that KORRES sponsors or endorses DEALER or DEALER’s products or services, or confuses the KORRES brand with another brand. Notwithstanding the preceding provision, DEALER may, and is encouraged to identify itself as an “Authorized Dealer of KORRES.” 

 


 7. Order and Payment Terms

DEALER shall be subject to a minimum quantity per order of KORRES’s products. DEALER shall place at least one order per year, in order for KORRES to identify DEALER’s location(s) as a location where retail purchase of KORRES’s products may be made. 

Payment terms for KORRES’s products shall be Net 30 days FOB at the shipping point. Payment for KORRES’s Products shall be made by the DEALER, without any deduction, setoff or bank charges, by check, credit card, money order, or PayPal®. DEALER will pay interest at the rate of 1.75% per month on any accounts or payments for orders more than 30 days overdue. DEALER will pay all expenses associated with collecting any debt which is more than 30 days overdue, including but not limited to, court costs, actual attorney’s fees, and/or cost of a collection agency. The terms set forth above in this paragraph shall operate and as the only terms and conditions of payment operative and effective as between KORRES and DEALER. 

The title to KORRES’s products shall remain with KORRES until the products have been paid for by the DEALER, and DEALER may not resell KORRES’s Products until they have been paid for.

 

 8. Termination

KORRES shall have the right to terminate its relationship with DEALER and the rights under these TERMS AND CONDITIONS at any time, and at KORRES’s sole discretion. DEALER shall have the right at any time to terminate its relationship with KORRES and its obligations under these TERMS AND CONDITIONS, upon thirty (30) days written notice to KORRES. Any such termination shall not affect any of the DEALER’s pre-termination obligations hereunder. 

 

 9. Agency

Neither KORRES or DEALER shall be authorized to waive any right, or assume or create any contract or obligation of any kind in the name of, nor on behalf of, the other or to make any statement that it has the authority to do so. Nothing in these TERMS AND CONDITIONS shall be construed as establishing a partnership, joint venture, agency, employment, or other similar relationship between KORRES or DEALER. DEALER’s status and obligations hereunder, as an authorized DEALER, may not be transferred or assigned. 

 

 10. Miscellaneous

These TERMS AND CONDITIONS shall be governed by and construed in accordance with the laws of the State of New York without reference to its conflict of laws provisions. Except as otherwise expressly provided in these TERMS AND CONDITIONS, the rights, powers, remedies, and privileges provided in these TERMS AND CONDITIONS are cumulative and not exclusive of any rights, powers, remedies, and privileges provided by applicable law. KORRES and DEALER agree that any controversy, claim or dispute arising under or relating to this Agreement, including, without limitation, the existence, validity, interpretation, performance, breach or termination thereof, shall be brought and decided in the state or federal courts of the State of New York, and the prevailing party in any such controversy, claim or dispute, shall be entitled to an award of actual attorney’s fees and costs.