Please read this document carefully; it contains the terms and conditions that apply when you use the The Body Shop US online store and to any purchases you make through it. These terms and conditions (the “Conditions”), together with the site’s Terms of Use, form a binding agreement between you and Cart.com, Inc. dba The Body Shop US (EIN 32-0802291), whose registered office is at 1334 Brittmoore Rd, Suite 225, Houston, TX 77043. In the event of a conflict between the Terms of Use and these Conditions, these Conditions will govern.

If you have any questions or complaints about these Conditions or about your purchases, please contact us using the details on our contact page or email support@us.thebodyshop.com.

Purchasing The Body Shop Products

Eligibility

You may only purchase products from The Body Shop US online store if all of the following are true:

•           The products are available for sale on us.thebodyshop.com.

•           Delivery will be to an address in the United States (excluding PO boxes).

•           You are purchasing for personal use, either for yourself or as a gift. We reserve the right to decline any order that we reasonably believe is for onward sale or for distribution outside of channels approved by The Body Shop.

Product information

Details of the products available (including prices) appear on the online store. We take reasonable care to ensure that all details, descriptions and prices are accurate at the time they are published, but information may change between the time you view a product and the time you place an order. If a pricing error is obvious and could have reasonably been recognised as a mispricing, we are not obliged to provide products at the incorrect price.

Ordering Products

•           When you select your products, complete the checkout process and click Pay now, you are making a binding offer to purchase the goods. Your offer remains subject to our acceptance.

•           We obtain an authorisation from your credit-card company for the amount shown during checkout. Your card is not charged at this stage, but your available credit will be reduced accordingly. If authorisation fails, your order will not proceed.

•           We will send you an email confirming that we have received your order.

•           We will send a second email when the products have been shipped. A contract of sale is formed only when we dispatch the products to you.

We may refuse or be unable to process an order if:

1.         The product is discontinued or not available.

2.         Credit-card authorisation is denied.

3.         You do not meet the eligibility criteria set out above.

4.         You request delivery to a freight-forwarding address or other address we are unable to deliver to.

5.         The order contravenes our Bulk Ordering Policy (see below).

6.         We have any other reasonable ground for refusal. We are not liable for any loss or damage directly or indirectly resulting from a refusal or inability to process your order.

Bulk Ordering Policy

The Body Shop’s retail sales policy is designed to sell to genuine consumers and not to third-party resellers. To prevent unauthorised bulk purchasing:

•           A maximum of 10 units per SKU may be purchased per transaction.

•           A maximum of 50 total items may be purchased per transaction.

•           Purchases are capped at $500 per week per customer or per payment method.

•           This policy may be amended at any time without notice.

Cancelling the Contract and Returns

1. Order Cancellation and Returns

If you change your mind, you may cancel your order within 30 days of receiving the goods. When returning items following a cancellation, we will refund:

•           The full purchase price.

•           The original delivery charges.

To qualify for a refund, you must return the goods in the same condition in which you received them. For products that are not suitable for return due to health protection or hygiene reasons (such as cosmetics), cancellation is not permitted once the product has been unsealed or opened, unless it arrived unsealed. Any promotional or gift items included with your order must also be returned for a full refund.

Except where goods are faulty, you are responsible for the cost of returning items. If you do not return the goods, we may charge you for the cost of collecting them. You must send the goods back within 14 days of order delivery (they do not have to be received within 14 days, but they must be shipped within that period).

2. Damaged or Faulty Products and Incorrect Orders

Damaged or Faulty products must be sent back within 14 days of order delivery. To report damaged or faulty products, please initiate a return.

-        Photographs: You may be required to submit Photographs uploaded via the returns portal if you are claiming a refund for damaged, faulty or incorrect goods (this does not apply for change-of-mind returns by post). This must be done within 14 days of your order delivery date.

If the goods in your order are damaged or faulty upon receipt, or if we send you the wrong products, you may exchange them or obtain a full refund. When returning such items we will refund:

•           The full purchase price.

•           The original delivery charges.

•           The cost of returning the goods to us (upon production of a receipt), or we will arrange collection at our expense.

When exchanging damaged, faulty or incorrect orders we will:

•           Dispatch replacement items free of charge.

•           Refund any return shipping costs upon production of a receipt, or arrange collection at our expense.

We are under a legal duty to supply products that conform to this contract, and nothing in these terms affects your statutory rights.

3. How to Return Your Goods

You may return goods purchased from us.thebodyshop.com within 30 days of delivery confirmation by either:

•           Using our online returns portal; or

•           Emailing support@us.thebodyshop.com.

When returning goods, please provide:

•           The confirmation email containing your transaction reference number.

•           The delivery documentation (order number) with a list and description of the goods being returned and the reason for the return.

If returning goods by post, also include:

•           Complete copy of any necessary forms provided.

Please note:

•           It may take up to 7 days for your parcel to reach us.

•           Returned items are processed within two working days of receipt.

•           You must package goods carefully to avoid damage during transit.

•           A $10 handling fee will be assessed for returns. You have the option to waive handling fees when you place your order when you select "Pay now to unlock free returns for $1.98".  

5. How to Contact Us

For assistance, please visit our contact page or email support@us.thebodyshop.com. 

6. Liability

Our products are supplied for domestic and private use only. We are not liable for business-related losses, such as lost revenue, income or profits, lost data or interruptions to business. You must follow any instructions we give you regarding the safe use or storage of the products. Subject to applicable law, we are not responsible for any damage caused by your failure to follow those instructions. Nothing in these Conditions limits or excludes our liability:

•           For death or personal injury resulting from negligence.

•           For fraud or fraudulent misrepresentation.

•           For any liability that cannot be excluded or limited under applicable law.

Dispute Resolution and Binding Arbitration

Please read this section carefully, as it requires you and The Body Shop to resolve certain disputes through binding arbitration and limits the relief available to you.

Before commencing arbitration, both parties must send a Notice of Dispute and complete an Informal Dispute Resolution Conference. If a dispute is not resolved within 30 days after the conference, either party may commence arbitration. Unless the parties agree otherwise, arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer-Related Disputes of the American Arbitration Association (AAA), as modified by these terms, and administered by the AAA or, if the AAA is unavailable, by another widely recognised arbitration provider acceptable to both parties. If the parties cannot agree on a provider, one will be appointed under the Federal Arbitration Act (FAA).

Binding Individual Arbitration

•           The arbitration will be conducted by a single arbitrator in English.

•           Unless we agree otherwise, any hearings will take place in the county (or parish) of your billing address.

•           The arbitrator will have exclusive authority to make procedural and substantive decisions regarding any claim and to grant any remedy that would otherwise be available in court. Claims seeking public injunctive relief that must be heard outside of arbitration will proceed in court.

•           By entering into this agreement, you and The Body Shop waive the right to a trial by jury or to participate in class actions to the maximum extent permitted by law.

Arbitration Procedure and Location

•           To initiate arbitration, file a demand with the AAA. Instructions are available at www.adr.org or by calling 1-800-778-7879.

•           Send a copy of any demand for arbitration by certified mail to Cart.com, Inc. dba The Body Shop US, Attn: Legal Department, 1334 Brittmoore Rd, Suite 225, Houston, TX 77043, or by email to support@us.thebodyshop.com. We will send any demand for arbitration to you at the contact address you provide.