Love Your Body™ Rewards Programs Terms and Conditions The following Terms and Conditions (“Terms”) between you (“you” or “your”) and The Body Shop International PLC, or its subsidiaries, licensees and affiliates (collectively, “The Body Shop,” “we,” “our,” or “us,”) describes the terms and conditions on which you may access and use the Love Your Body™ Rewards Program (“LYB Program” or “Program”) and related services (the “Services”). These Terms also apply to online or in-store sales, which are part of the Services. These Terms are subject to change at any time. By accessing or using any of the Services, you acknowledge that you have read, understood and agreed to be bound by these Terms. PLEASE READ THESE TERMS CAREFULLY. THESE TERMS MAY HAVE CHANGED SINCE YOU LAST ACCESSED OR USED THE SERVICES. BY CLICKING “I AGREE” OR OTHERWISE ACCESSING OR USING ANY PART OF THE SERVICES, YOU AGREE TO THESE TERMS. Notice of Agreement to Arbitrate and Class Action Waiver By accepting these Terms, you are agreeing to the arbitration agreement and class action waiver contained in Section 6 of these Terms below.
1. Purpose The purpose of this Program is to reward and thank valuable customers in the United States for their loyalty to The Body Shop, and for purchasing The Body Shop’s products. The Program allows customers to earn reward points (“Points”) for making qualifying purchases (“Qualifying Purchases”) that can be redeemed for certain products at The Body Shop’s participating stores or online at www.thebodyshop.com/en-us in the United States.
2. Modification of the Terms or Services The Body Shop reserves its rights to change, modify, terminate, or eliminate the LYB Program and/or any of the LYB Program’s Terms, Member Benefits, FAQs, or any other descriptions of the Program at any time without notice. Any changes, modifications, or termination of the Program or its terms will be accessible at www.thebodyshop.com/en-us and will be effective immediately upon publication the website. The Body Shop is not responsible for providing you with notice of changes; you are solely responsible for reviewing the Terms Benefits, FAQs and other relevant information at www.thebodyshop.com/en-us. Please visit this website regularly for any changes to the terms. If at any time you disagree with the Terms of the Program, you must discontinue use of the Program immediately.
3. Eligibility a. Payment. The LYB Program requires an annual payment of a $10 membership fee to participate. b. Over 18 Years Old. By accessing or using the Program you verify that you are an individual 18 years or older; or if you are under the age of 18, you must be supervised by a parent or legal guardian who agrees to and legally consents to be bound by the Terms of the Program. c. Additional Eligibility Terms. You are prohibited from having or using multiple LYB Program membership accounts and agree to hold only one Program membership account per individual. Program membership accounts are for promotional purposes and may not be used for commercial purposes. The Body Shop reserves the right to terminate your membership in the Program at any time at its sole discretion, including if it determines you have violated the Terms or engaged in unauthorized, fraudulent or unlawful use of the Program.
5. Specific Conditions
a. LYB Card. Upon activation of your LYB Program membership, you will be issued a Love Your Body™ Card (the “Card”) which may be used to accumulate Points with Qualifying Purchases, and which may be used with your first purchase. The Card must be presented at the time of any Qualifying Purchase at a participating location of The Body Shop to earn Points. The Card is the property of The Body Shop and must be surrendered upon request. Lost or stolen Cards will not be replaced. The Card is non-transferrable, non-assignable, and may not be shared. The Card is a rewards card and has no cash value. Void where prohibited.
b. Qualifying Purchases and Points. Qualifying Purchases include the purchase of any product or service currently offered by The Body Shop either online or in-store, but do not include past purchases, or the purchase of gift cards, charitable items, or the LYB Membership. Members receive one Point for each Qualifying Purchase of between $20 and $49.99, post discounts and pre-tax, and two Points for each Qualifying Purchase of $50 or more, post discounts and pre-tax. A maximum of 2 Points can be earned per transaction regardless of the amount spent. Purchases made with promotional birthday discounts and earned LYB discounts or Points may not be counted towards accumulating Points. Points and discounts are non-transferrable, have no cash value and are promotional in nature.
c. Points Redemption. For every 4 Points you accumulate on your Program account, you will earn a one-time discount of up to $15 on your next purchase of a Qualifying Product online or at a participating location of The Body Shop. For every 8 Points you accumulate on your Program account, you will earn a one-time discount of up to $25 on your next purchase of a Qualifying Product online or at a participating location of The Body Shop. The discount may be applied to a purchase for less than the maximum amount of the discount earned, but the difference between the purchase and the maximum value of the discount will not be carried over to a future purchase. If the amount of the Member’s purchase exceeds the maximum discount provided for earned points, the Member must pay the difference (including tax).
d. 10% Discount. Membership also entitles you to a 10% discount on all Qualifying Purchases during the one-year term. The 10% discount will be applied after all other discounts and the LYB Points are deducted and before tax. The discount is non-transferrable, non-assignable, cannot be shared, cannot be redeemed for cash, and cannot be used toward purchases that are not Qualifying Purchases as set forth above. Discounts are promotional, and do not have any independent cash value. The amount of the discount does not count toward the accumulation of any additional Points. To apply a discount, you must present your Card at the time of purchase at a participating location of The Body Shop or provide your Membership number online. The discount must be used within the one-year term or it is forfeited.
e. Birthday Reward. As a member of the LYB Program, The Body Shop will send you a promotion during your birthday month (“Birthday Reward”), which may be in the form of a discount (“Birthday Discount”) or product, according to The Body Shop’s sole discretion. All Birthday Rewards must be redeemed within the stated time frame. If the Birthday Reward is in the form of a Birthday Discount on Qualifying Purchases, you will be responsible for paying the difference (including tax) if you choose to apply the Birthday Discount to a product that exceeds the stated promotional value. Any unused value of a Birthday Discount will not be refunded if the selected product’s retail price is less than the stated promotional value of the Birthday Discount. At the time of the Birthday Discount redemption, the contents of your cart must exceed the Birthday Discount amount before it can be applied. Once the amount of the cart exceeds the Birthday Discount amount, the Birthday Discount will be applied towards your total order value. The LYB Program accounts, Cards, benefits, Points, discounts, vouchers and any special offers are non-transferrable, non-assignable and may not be shared and are void where prohibited.
6. ARBITRATION AND CLASS ACTION WAIVER
a. Mandatory Binding Arbitration. You and we agree that the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of the your purchase, our service, thebodyshop-usa.com or these Terms, SHALL BE FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS. YOU HEREBY AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights arising out of or relating to these Terms, except for matters that may be taken to small claims court. Notwithstanding the foregoing, any dispute or claim relating to patent, copyright, trademark, trade secret, privacy or publicity rights, shall not be resolved in arbitration and, instead, the parties agree that such dispute shall be resolved exclusively in state or federal court in New York, New York, and the parties consent to exclusive jurisdiction and venue in such courts. You and we acknowledge and agree that the Federal Arbitration Act and federal arbitration law govern and apply to arbitrations between you and us (despite any other choice of law provision).
b. AAA Rules. Arbitration under this Agreement shall be conducted by the American Arbitration Association (the “AAA”). For claims of less than or equal to $75,000 (exclusive of attorney’s fees, costs, and alleged punitive damages or penalties), the AAA’s Consumer Arbitration Rules will apply; for claims over $75,000, the AAA’s Commercial Arbitration Rules will apply. The AAA rules are available at https://www.adr.org.
c. Class Action Waiver. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ARBITRATION SHALL PROCEED SOLELY ON AN INDIVIDUAL BASIS WITHOUT THE RIGHT FOR ANY DISPUTES TO BE ARBITRATED ON A CLASS ACTION BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF OTHERS.
d. Limitation on Aggregating Claims. You further agree that the arbitrator shall have no authority to award class-wide relief or to combine or aggregate similar claims or unrelated transactions. You acknowledge and agree that this agreement specifically prohibits you from commencing arbitration proceedings as a representative of others. Disputes may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. In the event that the CLASS ACTION WAIVER is deemed unenforceable, then any putative class action may only proceed in a court of competent jurisdiction without a jury and not in arbitration.
e. Waiver of Right to Trial by Jury. WE BOTH AGREE THAT, WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, THE PARTIES BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES.
7. DISCLAIMER and LIMITATIONS OF LIABILITY
a. THIS LYB PROGRAM AND RELATED SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
b. THE BODY SHOP’S AGGREGATE LIABILITY TO YOU FOR ANY REASON AND ALL CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS PROGRAM AND/OR THE RELATED SERVICES SHALL BE LIMITED TO THE TOTAL AMOUNT YOU PAID TO THE BODY SHOP FOR THE SINGLE TRANSACTION YOU COMPLETED DURING SUCH TIME AS YOUR CLAIM AROSE. THE BODY SHOP SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THIS PROGRAM AND/OR THE RELATED SERVICES, INCLUDING BUT NOT LIMITED TO LOSS OF USE AND LOSS OF PROFITS.
c. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT OR FRAUD OF THE BODY SHOP ARISING OUT OF OR RELATING TO THIS PROGRAM AND/OR THE RELATED SERVICES.
d. IN NEW JERSEY, THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE NEGLIGENCE OF THE BODY SHOP ARISING OUT OF OR RELATING TO THIS PROGRAM AND/OR THE RELATED SERVICES.
e. From time to time, there may be information on our website or in our brochures that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. The Body Shop reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). 8. Governing Law and Venue These Terms are governed and interpreted pursuant to the laws of the State of New York, notwithstanding any principles of conflicts of law. Any disputes in connection with these Terms that, notwithstanding the mandatory arbitration provision we have agreed to above, result in court action, shall be resolved exclusively by a state or federal court located in New York, New York, and you specifically consent to the personal jurisdiction of such courts and waive any claim of forum non conveniens.