Effective Date: January 26, 2021
USE OF THE MACY'S BEAUTY BOX SUBSCRIPTION PROGRAM CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS.
By enrolling into the Macy's Beauty Box subscription program (the "Program"), you: (i) agree to these terms and conditions ("Terms"), including but not limited to the Agreement to Arbitrate and Notice of Privacy Practices (ii) agree to comply with all applicable laws; (iii) acknowledge that you are at least 18 years of age and are legally able to enter into a contract; and (iv) acknowledge that you are opting-in to a subscription for the monthly delivery of products (each delivery, a "Box").
These Terms are subject to change at any time with prior notice to you, for example, via email or a prominent notice on the Program website; your continued use of the Program after any changes have been made will constitute your acceptance of any such changes. If you do not wish to continue with the Program under the new changes or if you wish to end your participation in the Program, please see the
Except as set forth to the contrary in these Terms (which will govern in the event of any conflict), all of the policies, terms, and conditions for purchases made on macys.com apply to the Program.
ABOUT THE PROGRAM
The Program is a monthly beauty product subscription program operated by macys.com, LLC and its affiliates (collectively, " Macy's ", " we ", or " us "). Due to the high demand for such a subscription program, you may not be able to subscribe to the Program; if you are interested in subscribing once the Program can accommodate new subscribers, you may sign up to be notified by joining the
In order to become a monthly subscriber of the Program, you must log in to your Macy's profile or, if you do not already have a Macy's profile account, you must create a Macy's profile account on Macys.com. In order to sign up for the Program, you must have a valid payment card with sufficient funds for the first month's charge for the Program, according to the then current Program subscription rate. By becoming a monthly subscriber of the Program, you agree and acknowledge that you are opting-in to a monthly product subscription and that Macy's will charge the payment card that you have provided to us for the initial and recurring monthly payment charges at the then-current Program subscription rate plus any taxes. You also agree and accept responsibility for all recurring charges prior to any cancellation by you or by Macy's. At this time, Macy's does not accept gift cards, Bloomingdale's Employee Private Label cards, Macy's Money, Star Money, or any loyalty rewards as forms of payment for the Program. Furthermore, no Plenti® points, points towards Star Money or any other loyalty rewards may be earned for the Program.
Your subscription will be automatically renewed for successive monthly periods and your payment card will automatically be charged for each successive monthly period at the then-current subscription rate plus any taxes, until you
Subscriptions are limited to one per Macy's online profile.
If any problems arise with the delivery address or payment method associated with your subscription, we will notify you via email using the email address associated with your subscription or stored in your Macy's online profile asking that you resolve the problem. Your subscription will be suspended and no additional Boxes will be processed or delivered until you have resolved the problem through your Macy's online profile. If you fail to resolve the problem through your Macy's online profile, then your subscription will be canceled.
CANCELLATION POLICY FOR MONTHLY SUBSCRIPTION RENEWALS
You may cancel at any time by logging on to your Macy's online profile and following the cancellation procedures there. You can also call Macy's Customer Support at 1-800-BUY-MACY (1-800-289-6229). Note: Customer Support cannot cancel your subscription for you, but they can assist you in navigating the cancellation steps online. To cancel shipment of your next month's Box, you must cancel by the 10th of the current month. If you cancel after the 10th day of the current month, you will receive and be charged for the next month's Box and your subscription will be canceled from that point forward.
Due to federal shipping regulations and the limitations therein, we cannot offer the Program to customers in Alaska, Hawaii, U.S. territories, or with APO/FPO/GPO addresses or PO boxes.
PERSONAL USE ONLY AND FRAUD PROTECTION
The Program is intended for personal use only and not for resale. Macy's may screen received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order or suspend your subscription due to suspected fraud or unauthorized illegal activity.
If for any reason you are unhappy with your Box or if there were any problems with your order, please call Macy's Customer Support at 1-800-BUY-MACY (1-800-289-6229) and we will be happy to assist you. Products included as part of each monthly Box cannot be returned unless they arrive to you in a damaged condition, in which case Macy's will either, at its election, refund your monthly subscription fee or replace your damaged products with the same products or products of equal or greater value. This is an exception to our standard Returns Policy.
Macy's reserves the right to cancel or modify the Program at any time, including without limitation, to modify the monthly subscription fee. Macy's will provide you with prior notice of any material change (including any change in the monthly subscription fee). If you do not agree with any change, you may cancel your subscription as set forth in these terms and conditions.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL MACY'S, ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, OR THIRD PARTIES ASSOCIATED WITH THE PROGRAM (COLLECTIVELY, THE "MACY'S PARTIES"), BE LIABLE TO YOU OR ANY ENTITY AFFILIATED WITH YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, LIQUIDATED, OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE PROGRAM, WHETHER BASED UPON WARRANTY, CONTRACT, OR TORT. THIS LIMITATION OF LIABILITY PROVISION SHALL SURVIVE ANY TERMINATION OF YOUR BEAUTY BOX SUBSCRIPTION OR THE RELATIONSHIP BETWEEN YOU AND MACY'S, INCLUDING THE BANKRUPTCY OF ANY PARTY OR ANY TRANSFER IN OR CHANGE OF CONTROL OF MACY'S. THE PARTIES AGREE THAT, TO THE EXTENT THIS LIMITATION OF LIABILITY PROVISION IS NOT ENFORCEABLE, IN WHOLE OR IN PART, UNDER APPLICABLE LAW, THE COURT SHALL MODIFY OR SEVER THIS PROVISION TO COMPLY WITH APPLICABLE LAW BUT ONLY IN THE PARTICULAR JURISDICTION IN WHICH THIS PROVISION WAS DETERMINED TO BE IN CONFLICT WITH APPLICABLE LAW. THESE TERMS ARE BINDING IN NEW JERSEY BUT SOME OTHER JURISDICTIONS LIMIT CONSUMER LIMITATIONS OF LIABILITY, SO SOME OR ALL OF THE PROVISIONS ABOVE MAY NOT APPLY TO YOU.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD THE MACY'S PARTIES HARMLESS FROM AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, ARISING FROM OR RELATED TO YOUR USE OF THE PROGRAM. THIS INDEMNIFICATION PROVISION SHALL SURVIVE ANY TERMINATION OF YOUR BEAUTY BOX SUBSCRIPTION OR THE RELATIONSHIP BETWEEN YOU AND MACY'S, INCLUDING THE BANKRUPTCY OF ANY PARTY OR ANY TRANSFER IN OR CHANGE OF CONTROL OF MACY'S. THE PARTIES AGREE THAT, TO THE EXTENT THIS INDEMNIFICATION PROVISION IS NOT ENFORCEABLE, IN WHOLE OR IN PART, UNDER APPLICABLE LAW, THE COURT SHALL MODIFY OR SEVER THIS PROVISION TO COMPLY WITH APPLICABLE LAW BUT ONLY IN THE PARTICULAR JURISDICTION IN WHICH THIS PROVISION WAS DETERMINED TO BE IN CONFLICT WITH APPLICABLE LAW.
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