Last Updated: April 27 2018
- Terms of Website Use
THE SECTION BELOW ENTITLED "DISPUTES'' CONTAINS PROVISIONS WHICH WAIVE YOUR ABILITY (i) TO HAVE YOUR DISPUTE HEARD BEFORE A JURY AND (ii) TO BRING A CLASS ACTION. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
- Copyright and Ownership of Rights
All design, text, graphics, logos, button icons, images, audio and video clips, the selection and arrangement thereof, and all software on the Site is of all content on the Site is the exclusive property of C.O. Bigelow Chemist or its affiliates and is protected by U.S. and international copyright laws. All software used on the Site is the property of C.O. Bigelow Chemist or its software suppliers and is protected by U.S. and international copyright laws. Any use of this Site or its contents, including copying or storing it or them in whole or in part other than for your own personal, non-commercial use is prohibited without our prior permission in each instance. You may not modify, delete, distribute or post anything on this Site for any purpose.
- Intellectual Property
www.cobigelow.com, other trademarks, logos and service marks as well as all page headers, custom graphics and button icons are registered and unregistered service marks, designs, trademarks, and/or trade dress ("Intellectual Property") of C.O. Bigelow Chemist, our affiliates, our licensors and/or our suppliers in Europe and the United States and may not be used in connection with any product or service that is not offered by C.O. Bigelow Chemist in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All Intellectual Property displayed on our Site is protected by trademark laws in Europe, the United States, and internationally. Except in connection with placing an order for merchandise or as required by applicable law, you may not use, reproduce, duplicate, copy, sell, resell, access, modify or otherwise exploit our Intellectual Property or that of our suppliers without our or their prior written consent.
- Accuracy of Content
The packaging of our products may vary from that shown. The weights and dimensions of our products are approximate only. We have made every effort to display as accurately as possible the color of the products that appear on the Site. However, as the actual colors you see will depend on your personal computer equipment, we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the merchandise on delivery. To the extent permitted by applicable law, C.O. Bigelow Chemist disclaims all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this Site. We are not responsible for the content of any Third Party Sites. Links appearing on this Site are for your convenience only and are not an endorsement by us of the content, products, services or suppliers connected therewith. We shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this Site or in Third Party Sites.
- Damage To Your Computer
C.O. Bigelow Chemist makes every effort to ensure that this Site is free from viruses and defects. However, we cannot guarantee that your use of this Site or any websites accessible through it (including Third Party Sites) will not cause damage to your computer. It is your responsibility to ensure that the correct equipment is available to use the Site and screen out anything that may damage it. C.O. Bigelow Chemist will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this Site.
- Mobile Services
If you access the Site via your mobile phone, we do not currently charge for this access. Please be aware that your carrier's normal rates and fees, such as text messaging fees or data charges, will still apply.
- Limitation of Liability
The Site and its content and services are presented "AS IS". To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Site or any content or services, whether express or implied.
We will not be liable to any user for any loss or damage in contract, warranty or in tort (including negligence) arising under or in connection with:
- use of or inability to use our Site; or
- inaccuracies or omissions in any content displayed on our Site.
In particular, we will not be liable in contract, warranty or in tort (including negligence) for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect, special, incidental or consequential loss or damage.
- Prohibited uses
You may use our Site for lawful purposes only. You may not use our Site:
- in any way that breaches any applicable local, national or international law or regulation;
- in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
- to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards set out below;
- to transmit or procure the sending of any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation ('spam');
- to knowingly transmit any data or send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
- to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use of any content or enforce limitations on use of the Site or the content therein; or
- to interfere with or disrupt the Site or servers or networks connected to the Site or to disobey any requirements, procedures, policies or regulations of networks connected to the Site, including by using any device, software or routine to bypass robot exclusion headers.
You also agree:
- not to access without authority, interfere with, damage or disrupt:
- any part of our Site;
- any equipment or network on which our Site is stored;
- any software used in the provision of our Site; or
- any equipment, network or software owned or used by any third party.
- Submission of Information
- User Generated Material
By submitting ideas, designs, customizations, creative concepts, or any other information ("User Generated Material") to this Site (or to our accounts on any Third Party Sites), you accept and agree that you assign and/or waive all ownership of and rights (including moral rights) in or to any intellectual property rights and other rights in the User Generated Material to C.O. Bigelow Chemist. To the extent such transfer is not valid, you grant C.O. Bigelow Chemist, by submitting the User Generated Material to this Site, a worldwide, non-exclusive, fully-paid, perpetual, royalty-free license to use, including but not limited to a right to copy, modify, publicly display, distribute and to sublicense (all or parts of), the User Generated Material for any purposes as it deems fit, including but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving this Site or other products or services both online and offline.
All User Generated Material shall be deemed to be non-confidential. C.O. Bigelow Chemist shall be entitled to use or disclose the User Generated Material in any manner whatsoever, without liability or notice to you. You acknowledge and agree that you shall have no claim against C.O. Bigelow Chemist or any other party should any User Generated Material created, posted or sent by you be used in the above sense by C.O. Bigelow Chemist or any part of its group.
You warrant that:
- you own or are otherwise entitled to any and all rights in any User Generated Material;
- any User Generated Material is not and does not contain material which is offensive, abusive, pornographic, defamatory, blasphemous or unlawful, and does not infringe or potentially infringe the rights of a third party or any applicable law including, in particular, any intellectual property rights;
- any User Generated Material is original and is not copied in whole or in part from any third party;
- any User Generated Material does not contain or constitute software viruses, commercial solicitation, chain letters, mass mailings or 'spam' in any form; and
- you will not impersonate any person or entity or use any false e-mail address or otherwise mislead us as to the origin of any User Generated Material submitted, and you agree to indemnify us and hold us harmless from and against any claims arising from your claims and/or any third party claims to any rights in any User Generated Material.
You agree that C.O. Bigelow Chemist:
- does not and has no obligation to review the User Generated Material;
- is not in any manner responsible for User Generated Material;
- does not guarantee the accuracy, integrity or quality of User Generated Material; and
- cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User Generated Material will not appear on this Site.
Notwithstanding the foregoing, C.O. Bigelow Chemist reserves the right to moderate all User Generated Material and to decline the submission of, edit the content of, or remove from this Site, any User Generated Material in its absolute discretion, for example because it infringes the intellectual property rights of a third party, because the content is inappropriate, obscene, or abusive, or for any other reason. C.O. Bigelow Chemist is under no obligation to inform you of the reasons for such intervention.
- Reservation of Rights
- Digital Millennium Copyright Act (DMCA)
If you believe your work or content has been copied and posted to the Site in a way that constitutes copyright infringement, please provide C.O. Bigelow Chemist’s designated copyright agent the following written information in accordance with the DMCA:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed upon;
- a description of where the material that you claim is infringing is located on the Site;
- a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- your name, address, telephone number and e-mail address (if available); and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
Our DMCA designated copyright agent for notice of claims of copyright infringement on this Site is the Managing Director of C.O. Bigelow Chemist, who can be reached as follows:
(C.O. Bigelow Chemist), 414 6th Avenue, New York, NY 10011
- Fraud Protection Program
As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our Customer Service department may call you at the phone number you provided (or use your e-mail address) to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
- Consent to Receive Notices Electronically
Any claim or dispute between you and C.O. Bigelow Chemist that arises in whole or in part from the Site shall be decided exclusively before a Judge in a court of competent jurisdiction located in New York. YOU WILL NOT HAVE THE RIGHT TO ELECT THAT A JURY DECIDES YOUR CLAIM.
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 OF REPRESENTATIVE PROCEEDING.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO HAVE A JURY HEAR YOUR CLAIMS. It contains A CLASS ACTION WAIVER.
NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JURY, YOU AND C.O. Bigelow Chemist WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO WAIVE YOUR RIGHT TO A JURY.
Last Updated: May 25, 2017
- Information we collect from you
1.1 Information you give to us. You may give us information by filling in forms on our Site or by corresponding with us by telephone, e-mail or otherwise. This includes information you provide when you:
- register to use our Site (which you must do if you would like to use some of the services and features we offer on our Site);
- subscribe to our services;
- place an order on our Site;
- post content to the Site through reviews or comments; and
- visit our social media platforms (which would include your name, profile picture, likes, location, friend list and other information described in the social media application sign-up page).
This information may include your name, address, telephone number, e-mail address and debit or credit card information (if you wish to place an order on our Site). When you register with us, you can view your personal information in 'My Account'. You can access 'My Account' directly to change any personal details, for example if you want to change your address. If you forget your password, simply click on the 'forgotten password' link on the register or login page and an e-mail containing your decrypted password will be sent to the e-mail address you originally provided.
1.2 Information we collect about you. With regard to each of your visits to our Site, we use the following various technologies to automatically collect information about you:
- Cookies: these are small bits of information that are placed on the hard drive of your computer. Cookies remember information about your activities on the Site and your preferences in order to make your visits to our Site more enjoyable and valuable to you by providing a customized experience. If you have chosen to disable cookies on your browser, some of the functionality of our Site may be lost. Certain of our web pages, particularly those that require a login and password, require that cookies be enabled in your browser and cannot be used when you have disabled cookies in your browser.
- Flash Cookies (also called Local Shared Objects or "LSOs"): these are data files similar to cookies, except that they can store more complex data. Flash Cookies are used to remember settings, preferences, and usage, particularly for video, interactive gaming, and other similar services.
- Web beacons, clear pixels, or pixel tags: these are small graphic images on a web page or in an e-mail that can be used for such things as recording the pages and advertisements clicked on by users, or tracking the performance of e-mail marketing campaigns.
- Web server logs: these are records of activity created by the computer that delivers the web pages you request to your browser. For example, a web server log may record the search term you entered or the link you clicked to bring you to a web page on our Site. The web server log may also record information about your browser, such as your IP address and the cookies set on your browser by the server.
- Geo-location technologies: this refers to technologies that permit us to determine your location. We may ask you to manually provide location information on our Site, or to enable your mobile device to send us precise location information. We may also automatically collect general location information from your web browser.
1.3 Information we receive from other sources. We may receive information about you if you use any of the other websites we (or any member or brand within our group) operate or other services we provide. In this case we will have informed you when we collected that data that it may be shared internally and combined with data collected on this Site. We are also working closing with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, and credit reference agencies) and may receive information about you from them.
1.4 Children under age 13. We do not knowingly or intentionally collect any personal information from children under the age of 13. If you are under the age of 13 you can look at our Site, but you may not make a purchase, register, or submit any personal information to us. If we become aware that we have inadvertently received personal information from a visitor under the age of 13 on the Site, we will delete the information from our records.
- What we do with the information
We use information collected from you in the following ways:
2.1 Information you give to us. We will use this information in relation to:
(a) Administration of our Site: The information you give us is necessary to enable us to (i) fulfil your order (including acknowledging your order and communicating with you if there is any issue regarding the fulfilment of your order); (ii) to make sure your order is delivered correctly; and (iii) to maintain your account.
(b) Customer service: We ask for your contact details, such as your e-mail address and telephone number, to enable us to answer any questions you have about using our Site and to notify you about the status of your orders.
(c) Direct Marketing: We want to keep you up to date on our latest products, promotional offers and events.
Electronic Marketing. If you are an existing customer, we will only contact you by electronic means (e-mail or text) about goods and services similar to those which were the subject of a previous sale or negotiations for a sale. If you are a new customer, and where we permit selected third parties to use your personal information, we (or they) will contact you by electronic means only if you have expressly consented to this.
Other Marketing. We will only contact you by mail or telephone if you have expressly consented to this contact.
(d) Our service: To notify you about changes to our service.
(e) Our Site: To ensure that content from our Site is presented in the most effective manner for you and for your computer, and so that we can enhance your experience of using our Site.
2.2 Information we collect about you. We will use this information in relation to:
(a) Administration of our Site: To administer our Site and for internal operations, including troubleshooting, data analysis, testing, research, and statistical and survey purposes.
(b) Site improvement: To improve our Site to ensure that content is presented in the most effective manner for you and your computer.
(c) Customer service: The information we collect from you will allow us to (i) allow you to participate in interactive features of our service when you choose to do so; (ii) measure or understand the effectiveness of advertising we serve to you and others and deliver relevant advertising to you; and (iii) make suggestions and recommendations to you and other users of our Site about goods or services that may interest you or them.
(d) Security of our Site: As part of our efforts to keep our Site safe and secure.
2.3 Information we receive from other sources. We may combine this information with information you give to us and information we collect about you. We may use this information and the combined information for the purposes set out above (depending on the types of information we receive).
- Disclosure of your information
3.1 We may share your personal information with any member or brand within our group, which means our parent company, C.O. Bigelow Chemist.
3.2 From time to time we retain the services of third party companies and individuals to perform functions on our behalf in connection with the successful operation and continuous improvement of this Site. We may share your information with selected third parties including:
(a) Business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you (e.g. in order to process your order and maintain your account, including the authorisation and validation of credit or debit card transactions, the provision of delivery services, the analysis of data, etc.). These companies or individuals may be provided with access to your personal details in order to fulfil their function but may not use such information for any other purpose.
(b) Advertisers and advertising networks that require the data to select and serve relevant advertisements to you and others.
(c) Analytics and search engine providers that assist us in the improvement and optimisation of our Site.
3.3 Other than as set forth above with respect to our parent company and any member or brand within our group, we do not rent, sell or otherwise provide your personal details to third party companies or individuals for their marketing purposes.
3.4 We may disclose your personal information to third parties:
(a) In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
(b) If C.O. Bigelow Chemist or its ultimate parent company or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
- Where we store your personal data
4.2 We use the latest encryption technology to ensure that all transactional information you provide to us is protected to the highest standard. Transactional information includes any credit or debit card details, your personal contact information together with any other names and addresses you provide when you place an order for delivery to another address, and your purchasing history. If you have given your consent prior to entering the details required for the ordering process, our Site will retain your account details such as your name, address, e-mail address and purchasing history. Each time you log into your account to create a new order you must re-enter your credit card details. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our Site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
4.3 Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our Site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
4.4 We will retain the information we collect from you until you elect to no longer receive communications from us.
- Third party websites
Our Site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
- E-mail and SMS Opt-Out
You can at any time tell us not to send you marketing communications (i) by mail by following the instructions that are included in a particular promotion; (ii) by e-mail by clicking on the unsubscribe link within the marketing e-mails you receive from us; or (iii) by SMS by following the "STOP" instructions provided with the message. If you have registered with us, you also may opt out of receiving marketing materials (by mail, e-mail and/or SMS) by logging into your account and changing your preferences.
- Notices for California Residents
7.1 California Do Not Track Notice.
(a) Under California law, website and online service operators are required to disclose how they respond to web browser "do not track" signals or other similar mechanisms that provide consumers the ability to exercise choice regarding the collection of personal information about a consumer's online activities over time and across third party websites, to the extent the operator engages in that collection. At this time, we do not track our customers' personal information over time and across third-party websites and therefore this requirement does not apply to us.
(b) California law also requires website and online service operators to disclose whether third parties may collect personal information about their users' online activities over time and across different sites when the users use the operator's website or service. Third parties that have content or services on our Site such as a social feature, analytics service, or an advertising network partner, may obtain information about your browsing or usage habits but this information does not include personal information. We do not knowingly permit such third parties to collect any personal information from our Site unless you directly provide it to us and we provide it to them with your consent.
7.2 Notice for Minors. We may offer interactive services which allow you to post content to share publicly or with friends. At any time you can delete or remove content you have posted using the deletion or removal options within our services. If you have questions about how to remove content in a specific service or if you would like additional assistance with deletion you can contact our customer support team at firstname.lastname@example.org. Although we offer deletion capability, you should be aware that the removal of content may not ensure complete or comprehensive removal of that content or information posted through the services.
7.3 Under California law, you have the right to request and receive information from us concerning any third parties who have received personal information about you from us for the third parties' direct marketing purposes. Any such requests for information from us can be made by sending an e-mail to email@example.com.
(C.O. Bigelow Chemist), 414 6th Avenue, New York, NY 10001
All material and information presented by C.O. Bigelow is intended to be used for personal educational or informational purposes only. The statements made about products and health conditions have not been evaluated by the U.S. Food and Drug Administration and the results reported, if any, may not necessarily occur in all individuals. The statements and products are not intended to diagnose, treat, cure or prevent any condition or disease. All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions. You should always consult with a healthcare professional before taking or using any dietary, nutritional, herbal or homeopathic supplement or before starting any diet, exercise or supplementation program. Each person is different, and the way you react to a particular product or exercise may be significantly different from other people. The products sold on this site have speculative benefits and may have harmful side effects. You should not rely on any information on this site to treat any particular disease or health-related condition. Use of the Site is not meant to serve as a substitute for professional medical advice: this Site is solely an online store for specialty beauty and personal care products.
We do not warrant and shall have no liability for information provided in this site concerning any of the products and supplements for any and all health purposes. [This information is provided solely as a guideline to be used when discussing a program with a healthcare professional.] C.O. Bigelow makes no guarantee or warranty, express or implied, with respect to any products or services sold or discussed on this site, including any warranty of merchantability or fitness for a particular purpose. Bigelowchemists.com shall have no liability as a publisher of information or reseller of any products or vendor services, including without limitation, any liability for defective products. We are not responsible for defective merchandise from independent manufacturers.
The products displayed on the Site can be ordered and delivered only within the United States, Canada, Australia, England and Japan. C.O. Bigelow products displayed on the Site may be available in select C.O. Bigelow retail stores in the U.S. and certain foreign markets. All prices displayed on the Site are quoted in U.S. Dollars and are valid and effective only in the U.S. If any minor uses any goods or product from C.O. Bigelow it should be only after the legal or parental guardian has discussed the product with the minor's doctor. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by C.O. Bigelow.
While C.O. Bigelow has tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.