Terms & Conditions

Last modified: March 11th, 2021

These are the legal terms and conditions of sale (“Terms of Sale) upon which we may sell any of the Augustinus Bader® skincare products (“Goods”) listed on our website www.augustinus bader.com (“Website”) to you. Our Privacy Policy and Website Terms of Use also form part of these Terms of Sale.

Please read the Terms of Sale carefully and make sure that you understand them before ordering any Goods from our Website. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS SET FORTH BELOW, YOU MAY NOT USE THE WEBSITE TO PLACE ORDERS FOR GOODS. Please note that by accepting the Terms of Sale when confirming your order, you confirm your unconditional acceptance of these Terms of Sale as they are in effect at the time of your purchase.

NOTICE REGARDING DISPUTE RESOLUTION: THESE TERMS OF SALE CONTAIN TERMS THAT GOVERN HOW CLAIMS BETWEEN YOU AND US RELATING TO YOUR USE OF THE WEBSITE WILL BE RESOLVED. FOR EXAMPLE, SECTION 14 CONTAINS AN ARBITRATION AGREEMENT AND WAIVER OF CLASS ACTION WHICH STATES THAT WE MUST ARBITRATE INSTEAD OF GOING TO A COURT BEFORE A JUDGE AND JURY AND THAT ALL SUCH ARBITRATION CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE OR MEMBER OR OTHERWISE ON BEHALF OF OTHERS IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING.

We may change these Terms of Sale from time to time in our sole discretion, with the latest version of being available on our Website, and such changes shall apply to any purchases made after such changes are posted on the Website. These Terms of Sale can be saved electronically or printed by all users of our Website. Whilst they remain posted on our Website, these Terms of Sale will apply to all transactions carried out via our Website.

For further information, please contact our Customer Service team.

Orders placed before 12.00 pm (GMT) will be dispatched on the same day, Monday to Friday.

However, please note that our advertised fulfilment timelines may be longer owing to physical distancing measures in place at our Global DC. In addition, to ensure the health and safety of our team, our shipments may take longer than usual to reach you and the below timelines are estimated delivery timelines only. We are working closely with our suppliers to get your orders to you in accordance with the following timelines to the extent possible. In addition, it may take longer for us to receive and process returns as otherwise set forth in these Terms of Sale.

UK & EUROPE: UPS Express, 1-2 business days, free
USA: UPS Express, 1-3 business days, free
ROW: UPS Express, 2-5 business days, free

Please note that prices displayed are exclusive of all destination import duties, taxes and fees levied in the recipient country.

1. About the offeror and how we contact you

ASC REGENITY Inc., exclusive licensee of the Augustinus Bader® brand, and owner of the attached intellectual property rights, whose office is located at c/o Spring Place, 6 St Johns Ln, New York, NY 10013 .

You may contact our Customer Services from Monday to Friday, from 9:30 am to 5:30pm EST at Contact Customer Services or through instant messaging on our website.

If we need to reach out to you, we may do so either by telephone or by writing to you at the email address or postal address you provided when you registered or placed your order.

2. Definition of terms

In these Terms of Sale, ASC REGENITY Inc. is referred to as “we”, “us,” “Company” or “ASC”. "Party" means either you or us, and "Parties" means you and us. "Writing” means letter, fax, email or SMS.

3. Placing an order and order acceptance

3.1 You declare that you are acting as an individual and are placing an order for your personal use only. Individuals shall be of at least 18 years of age and the age of majority in their jurisdiction of residence and shall provide and maintain a valid postal and email addresses in order to be eligible to be able to place an order.

Orders can be placed through our Website, for Augustinus Bader® Goods. Information on the range of Goods sold via our Website is available, with product descriptions on our Website. Please note that we continually revise and upgrade our products and services to provide you with new products and services. We may revise, discontinue or modify products or services at any time without prior notice to customers, and products or services may become unavailable without notice. We shall have no liability of any kind if a product or service that has been ordered is unavailable. If necessary, we reserve the right to substitute items of equal or greater value when an item or service is unavailable or we may cancel the order.

3.2 When placing your order, you will need to fill out an order form with a minimum of required information, such as your name, e-mail address, telephone number and shipping address. Before you submit your order, you will be given the opportunity to review your selection, check the total price of your order and correct any input errors. Your order represents an offer by you to purchase the Goods. We will acknowledge receipt of your order by sending a confirmation email in accordance with the process set forth in these Terms of Sale. Please note however that such confirmation email does not constitute acceptance of your order.

3.3 In deciding whether to accept your order we will verify your card with your supplier and/or card issuer to ensure validity and funds and then will only accept your order if we are satisfied with the results of such a verification. You confirm that you agree to us carrying out such a verification.

3.4 The sale will only be binding on us once we have notified you that the order is accepted, and the Goods will then be dispatched by us. This means that if Goods are shown on our Website but are not available or are incorrectly priced or otherwise incorrectly described, we shall not be obliged to sell you such Goods.

3.5 When visiting our Website, you will be responsible for paying any costs of connection to our Website. Whilst we try to ensure that our Website is reliable and available at all times, the Internet is not an inherently stable medium, and errors, omissions, interruptions of service and delays may occur at any time. We do not give any warranty for the accuracy, suitability, reliability, completeness, performance, fitness, freedom from malware or timeliness of the content or services contained on our Website.

3.6 We will not be liable for any damages (including without limitation loss of profit or loss of use) arising out of your use or delay or inability to use our Website, its content or any link to another website arising in contract, tort (including negligence) or otherwise, except in the case of death or personal injury caused by our negligence. In the event prolonged inactivity causes your connection to our Website to fail, your selection of Goods may be lost. In such case, you will need to re-enter your selection.

3.7 You will only be charged for Goods once your payment details have been verified by our secure payment partner. This includes pre-orders of products that are not yet available for shipping, and those that are out of stock. These will be clearly marked as such on our Website, and in such cases, we will update you on your order status via email.

3.8 The contract for supply of Goods ("Contract") will be formed when we accept your order. Acceptance of an order by us can only be made in Writing. Once the Contract has been formed with you, we will file it in paper copy for our records. All orders are subject to availability. By accepting the Contract, you confirm that you are a Customer.

4. Price

4.1 The price of the Goods you order, depending on your place of purchase, will be shown on the Website before you confirm your order. All prices are in US Dollars ($), Pounds sterling (£), Euros (€), Canadian Dollar and Australian Dollar and inclusive of the applicable local taxes, except as otherwise set forth in these Terms of Sale. The UPS Standard Shipping service is complimentary as part of your order for all locations listed in section 2 of our FAQs: shipping. Please note that delivery times posted by the UPS generally do not include weekends and that UPS ground transit times vary greatly depending on the shipping destination.

For orders placed in the United States, posted prices do not include sales tax, which will be charged to you when applicable. As set forth in these Terms of Sale, we reserve the right to correct any errors or mistakes in pricing that are reflected on the Website even if we have already requested payment. Products purchased or otherwise provided through the Website, including samples and gift items, are for personal use only and are not for resale.

4.2 In some countries, additional local import charges and/or duties will apply. If a DDU (Delivery Duty Unpaid) destination is selected, product prices displayed are exclusive of all taxes and duties. As the recipient, you are liable for all import duties, customs and local sales taxes levied by the country you are shipping to; payment of these is necessary to release your order from customs on arrival. We are unable to advise the amount this may be as these charges are not controlled or executed by us, they are government charges and the individual making the purchase is responsible for these costs for each transaction.

4.3 If an error is found in the price of Goods you have ordered, we will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you cancel the Contract, we will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the Goods including any delivery costs paid.

5. Payment

5.1 You must pay for the Goods at the prices then in effect prior to their dispatch to you by credit card, PayPal or other payment methods as they become available from time to time by notice on our Website. You agree to accept responsibility for all purchases and other activities that occur under your name and/or account. We reserve the right to refuse or cancel orders or terminate accounts, at any time at our sole discretion. The prices invoiced by us will be those in effect on the date of receipt of your order. We disclaim any liability for damages or losses relating to any loss of profits or loss of commission as a result of business transactions not concluded due to price increases.

Payment must be in pounds sterling (£), euros (€), US Dollars ($), Canadian Dollars, Australian Dollars as listed on the purchase page, and depending on your place of purchase. . We accept Visa, MasterCard, American Express, Maestro and all other major credit cards. We also accept Alipay, Apple Pay and Android Pay; You can also choose to pay with PayPal. When selecting this option at checkout, you will be directed to the PayPal site to 'Log In' and review the amount shown before clicking 'Pay Now' The name of the account holder must match the name of the person placing the order. In addition, International bank transfers and cash transfers will not be accepted.

5.2 You will only be charged for Goods once your payment details have been verified by our secure payment partner. By submitting an order through the Website, you authorize either us or our designated payment processor to charge the account you specify for the purchase amount in the specified currency. This includes pre-orders of products that are not yet available for shipping, and those that are out of stock. These will be clearly marked as such on our Website, and in such cases, we will update you on your order status via email. In the case of credit card orders, you must confirm to us the name which appears on the credit card to be debited, give the card number and the expiry date as shown on the front of the card, as well as the security code on the reverse of the credit card. We undertake to keep this information strictly confidential and treat it in accordance with our Privacy Policy.

5.3 In order to counter Internet fraud, payments through our Website will be managed on-line with the banking organizations concerned through the facilities offered by Braintree, a third party based in the UK and which operates in the United States as well as other countries in which we accept orders. This company will be responsible for holding and automated handling in a secure environment the information relating to each order, including bank card details.

Braintree is also responsible for putting in place a screening system to deter credit card fraud. As a result, your personal data (including name, email address, delivery details, telephone number, details of the order placed, credit card details) will be disclosed and used by Braintree exclusively for the purposes of providing fraud screening services to us and to its own customers. We reserve the right to put in place additional/other payment security system(s) from time to time.

5.4 To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these Terms of Sale, you consent to such checks being made. In performing these checks, personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.

5.5 In the event that the sum due from you cannot be debited for whatever reason (including, without limitation, stopped payment, refusal by the issuer of the card), the sale will be cancelled immediately, and you will be notified in Writing.

5.6. We attempt to be as accurate as possible and eliminate errors on the Website, however, we do not warrant that any product, service or description, photograph, pricing or other information is accurate, complete, reliable, current, or error-free. In the event of an error, whether on the Website, in an order confirmation, in processing an order, delivering a product or service or otherwise, we reserve the right to correct such error and otherwise change or update the information on the Site at any time without notice, revise your order accordingly if necessary (including charging the correct price) and/or cancel your order and refund any amount charged.

6. Delivery

6.1 Once payment has been confirmed, the Goods you ordered will be delivered in accordance with the delivery method you opted for to the address which you gave to us when you place your order. Please note that deliveries are not made to PO Box addresses or to general delivery/poste restante addresses.

6.2 If there is no one at the address given who is competent to accept delivery of the Goods, you will be asked to contact our Customer Service team in order to arrange an alternative delivery date to collect the Goods, or you will be contacted by our courier.

6.3 In the case of a gift, you may arrange for Goods to be delivered to a third party of your choice, provided always that the delivery address satisfies the requirements of condition 6.1 above.

6.4 No delivery will take place unless payment for the Goods has been received. We will endeavor to deliver by the date or time agreed however, we will not be liable for any loss or damage suffered by you through any reasonable or unavoidable delay in delivery.

6.5 Ownership of the Goods and the risk for damage to the Goods passes to you upon delivery which will be completed once we have delivered the Goods to the address you gave us. All shipments are at your own risk. Any freight damage must be reported by you to the carrier or shipping company immediately after receipt of a shipment.

6.5 Delivery times quoted by us are approximate and not binding. The fact that a delivery time has been exceeded does not entitle you to return your order or to claim damages of any kind. Our obligation to make any delivery is postponed for so long as you are in arrears in any payment to us.

6.7 If, at the time of delivery, the packaging is damaged, please open the package immediately in order to verify the condition of the Goods. In the event of damage to the Goods or if you believe the Goods to be defective, you should note the details on the delivery note and contact the Customer Service team (see conditions 7 and 9.3 below).

6.6 Delivery costs will be as displayed to you on our website when you checkout.

7. Exchange of Goods

7.1. Please note that only products purchased through the Website may be returned to us in accordance with this exchange policy. Our products purchased through any other outlet, including third party retailers, are subject to the exchange policies applicable to such outlets.

7.2 In addition to your legal rights, and your rights to claim a refund for damaged or defective Goods as set out in Section 8 below, we operate an exchange policy for our Customers in respect of items delivered subject to the following conditions:

Within 28 days following the date of delivery / collection, you may choose to:

  • 7.2.1 Exchange the items in question, in their original packaging, complete with any labels, protective covers and boxes, together with the original invoice, by way of our complimentary collection service as detailed below in Condition 9.3. Please note that our products must be returned in their original packaging and in particular the crystal film covering the box must still be sealed. No new delivery can take place until we have received the returned goods from you.
  • 7.2.2 No exchange will be offered for Goods that are returned by the Customer incomplete, damaged or soiled. You must take reasonable care of the Goods if you wish to exchange them.

7.2.3 In the event that Goods are exchanged, the initial sale will be cancelled. The new transaction payment will be set off against the amount of the preceding sale. Any credit balance will be refunded. Any additional payment will be debited via your chosen payment method.

7.2.4 In the event that Goods are exchanged by post, the new sale will be subject to these Terms of Sale.

7.2.5 Please note that you will not be permitted to exchange Goods which you have received as a result of the completion of a prior exchange.

8. Your right of cancellation and return

8.1. We want to you be happy with your purchase from Augustinus Bader®. You have the right to change your mind, end the contract and receive a refund up to the end of 28 days after you (or someone you nominate) received the Goods. However, you do not have a right to change your mind in respect of products sealed for health protection or hygiene purposes, once these products are unsealed after you receive them. Further only products purchased through the Website (and not through any third party retailers or other outlets) may be returned to us in accordance with this right of cancellation and return policy.

8.2. To exercise your right of cancellation before the Goods have been delivered to you, you must contact us within fourteen (14) business days, giving details of the Goods ordered and (where appropriate) their delivery. And you may send us back the cancellation form attached to the present Terms of Sale (this form is also available at [URL] or can be requested by emailing [email].

8.3. If you change your mind and end the contract for any reason after the Goods have been dispatched to you or you have received them, you must return them to us. If you notice any damage or believe a product is defective, you should contact us immediately to file a report. However, in order to qualify to receive a refund or exchange for any such claim, you need to contact us no later than five (5) calendar days from delivery.

For any requested return, you will be responsible for returning the Goods in their original packaging, complete with all labels, protective covers and boxes, and in particular the crystal film covering the box must still be sealed, together with the original invoice. To return the Goods, we will provide a complimentary collection service, whereby we will collect the item(s) you wish to return from your preferred address. To do so, you must contact our Customer Service team within five (5) days of receipt and they will arrange the date and time for collecting your item(s). You may also contact our Customer Service team within five (5) days of receipt in order to ship your return back to us if you prefer.

8.4. If you do not permit collection of the Goods as required under these Terms of Sale within a reasonable time after notifying us of your decision to cancel the Contract and to use our complimentary collection service, we the right not to issue you a refund for any such Goods even if they are defective.

8.5. We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Goods, if this has been caused by your handling them in a way which would not be permitted in a shop.

Upon receipt of your returned product, We will make a determination, in its reasonable discretion, whether a product claimed to be damaged or defective was actually damaged or defective when originally delivered to you. We reserve the right, in its reasonable discretion, to refuse to refund or exchange any product that does not meet the above requirements.

We will not accept merchandise that, in its reasonable discretion, has been used, altered or damaged by you or a third party for which we are not responsible. Any unauthorized returns will be discarded without credit or replacement product. We are not responsible in the event that returned packages are lost, stolen, or mishandled.

If approved, refunds will be issued only in the same form as was used for payment.

Shipping charges are non-refundable. However, if approved, replacement products will be shipped free of charge, except where expedited shipping is requested.

9. Our liability to you

9.1 If we fail to comply with these Terms of Sale, we are responsible for loss or damage you suffer that is a foreseeable result of our bre

ach of the Terms of Sale or our negligence. We will not be liable to you by way of representation (unless fraudulent), tort (including negligence), common law duty or under any express or implied term of the Contract for:
  • 9.1.1 any losses or damage which are not reasonably foreseeable by both Parties when the Contract is formed arising in connection with the supply of the Goods and related services or their use by you; or
  • 9.1.2 loss of profit, loss of business, business interruption, or loss of business opportunity.

9.2 We do not exclude or limit in any way our liability for:

  • (a) death or personal injury caused by our gross negligence or the gross negligence of our employees, agents or subcontractors;
  • (b) fraud or fraudulent misrepresentation;
  • (c) to the extent applicable, breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
  • (d) to the extent applicable, breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
  • (e) to the extent applicable, defective products under the Consumer Protection Act 1987.

9.3 We shall repair or replace (and shall reimburse any delivery costs), free of charge (including costs of re-delivery) any Goods damaged or lost in transit where delivery has been made by our carrier, provided that:

  • 9.3.1 you give us written notification of such damage or loss within 24 hours of the delivery date in the case of damage and within 24 hours of the anticipated delivery date notified to you at the time you placed your order in the case of loss, in order that we may comply with our carrier's conditions of carriage;
  • 9.3.2 you produce to us any receipt or other documents relating to the Goods in question together with (in the case of a claim for damage) the original packaging for the Goods.
10. Our right to not comply with the order you placed

10.1 We may not proceed with the order if you are in breach of the present Terms of Sale.

10.2 We may not proceed with the order if you are not a physical person acting on its own behalf, but a professional.

10.3 We may not proceed with the order, if we consider at our sole discretion that the quantities ordered are unreasonable.

10.4 We may not proceed with the order if you, in reasonable time, do not allow us to deliver the products to you. We will notify you in advance by e-mail if we are having difficulty delivering the products to you in advance of any such cancellation of the order.

11. Intellectual property rights

The "AUGUSTINUS BADER®" trademark as well as all trade-marks, whether they are figurative or not, and all other marks, illustrations, images, and logos which appear on our products, accessories or packaging, whether registered or not, are and remain the exclusive property of either Pr. Augustinus Bader, or ASC REGENITY Inc., with an office at _ at c/o Spring Place, 6 St Johns Ln, New York, NY 10013 . Any reproduction, whether complete or partial, modification or use of these marks, illustrations, images and logos, for whatever reason and in whatever medium, without our written, express and prior agreement, is strictly prohibited, as in any combination or use in conjunction with any other mark, symbol, logo and more generally any distinctive sign intended to form a composite logo.

12. Delay or failure to perform

12.1 We shall not be liable to you if we are prevented or delayed in the performance of any of our obligations to you if this is due to any cause beyond our reasonable control including (without limitation): an act of God, explosion, flood, fire or accident; war or civil disturbance; pandemic or epidemic; strike, industrial action or stoppages of work; any form of government intervention; a third party act or omission; failure of our supplier(s); shortage of raw material; failure by you to give us a correct delivery address or notify us of any change of address.

12.2 We will inform you of any such unforeseen event or of force majeure within seven days of its occurrence and will arrange a new delivery date with you once the relevant event is over. Should this interruption continue beyond a period of two weeks, you will be entitled to cancel the order. To cancel further to this Condition 12, please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Goods you have already received and we will refund the price you have paid, including any delivery charges.

13. Use of your information

13.1 The holding and using of personal information provided to ASC Regenity Inc. or any other company of the ASC Group of companies is governed by the Privacy Policy posted on the Website. Please read this Privacy Policy to understand how we use and protect the information that you provide to us. By placing an order on the Website, you consent to the collection, use and transfer of your information under the terms of the Privacy Policy.

13.2 We will inform you of any such unforeseen event or of force majeure within seven days of its occurrence and will arrange a new delivery date with you once the relevant event is over. Should this interruption continue beyond a period of two weeks, you will be entitled to cancel the order. To cancel further to this Condition 12, please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Goods you have already received and we will refund the price you have paid, including any delivery charges.

13.3 We are particularly mindful to ensure appropriate protection and security of our Information Systems. Specific tools allowing us to detect security breaches have been implemented. The implementation of such tools may incidentally entail access by our security services to personal data. This data will be collected and processed for the exclusive purpose of managing the security breach and, in accordance with applicable data protection regulations.

14. Governing Law; Dispute Resolution; Class Action Waiver.

The laws of the State of New York shall govern these Terms of Sale. While we will make reasonable efforts to resolve any disagreements you may have with Company, if these efforts fail you agree that all claims, disputes or controversies against Company arising out of these Terms of Sale, or the purchase of any products or services (“Claims”) shall be exclusively submitted to binding arbitration (except for matters that may be taken to small claims court), no matter what legal theory they are based on or what remedy (damages, or injunctive or declaratory relief) they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third- party claims, interpleaders or otherwise; and Claims made independently or with other claims. The party filing arbitration must submit Claims to the American Arbitration Association and follow its rules and procedures for initiating and pursuing arbitration. Any arbitration hearing that you attend will be held at a place chosen by the American Arbitration Association in the same city as the U.S. District Court closest to your then current residential address, or at some other place to which you and Company agree in writing, and the arbitrator shall apply New York law consistent with the Federal Arbitration Act. You may obtain copies of the current rules, and forms and instructions for initiating arbitration by contacting the American Arbitration Association at using the contact information noted below.

American Arbitration Association

Website: www.adr.org

A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least ten (10) years’ experience or a retired or former judge, selected in accordance with the rules of the American Arbitration Association. The arbitration will follow the procedures and rules of the American Arbitration Association which are in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with these Terms of Sale, in which case these Terms of Sale will prevail. Those procedures and rules may limit the discovery available to you or us. The arbitrator will take reasonable steps to protect your customer account information and other confidential information if requested to do so by you or us. Each party to the arbitration will bear the expense of that party’s attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines. The arbitrator’s award is final and binding on the parties.

We will not choose to arbitrate any Claim you bring in small claims court. However, if such a Claim is determined by the court to be outside its jurisdiction, the parties agree that the dispute shall then be submitted to arbitration.

Class Action Waiver: YOU AGREE THAT, BY ENTERING INTO THESE TERMS OF SALE, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. CLAIMS AND REMEDIES SOUGHT AS PART OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ACTION ARE SUBJECT TO ARBITRATION ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS, AND THE ARBITRATOR MAY AWARD RELIEF ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS.

Time Bar: ANY CLAIM YOU HAVE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DATE OF THE CLAIM.

15. General

15.1 These Terms of Sale and any matters referred to on our receipt form the entire understanding between you and us and supersede any prior promises, representations (unless fraudulent) or undertakings. Any omission or error in any sales literature, or in any advertisement whether in newspapers, magazines, on the Internet or otherwise or in any invoice or other document issued by us may be corrected by us without liability. These Terms of Sale may only be changed in a document signed by one of our directors. If you have any questions regarding these Terms of Sale, please contact our Customer Services team.

 

The Club – Loyalty Terms and conditions

By joining The Club loyalty program (the “Program”) as described herein and becoming a Program member, you (individually and collectively, “you,” “your,” or “member”), agree that you have read, understood and agreed to be bound by these loyalty program terms and conditions of participation (“Loyalty Terms”) and by any changes or modifications that we may make from time to time. (we will reflect the last date of any update at the top of the page of these Loyalty Terms.) You acknowledge and understand that the processing of your personal data will be in accordance with our privacy policy located at [URL]. You also agree to our website terms and conditions which are available at augustinusbader.com

You should review these Loyalty Terms and the related policies and Frequently Asked Questions (FAQs) frequently to understand the terms and conditions that apply to the Program as they may change from time to time. We may in our sole and absolute discretion cancel, change, suspend and/or modify any aspect of the Program and/or any Program benefits (as described below), including the availability of any Program benefit, without notice. These Loyalty Terms do not alter in any way the terms or conditions of any other agreement you may have with us, including our Terms of Sale or any other agreement(s) for products or services. If you do not agree to these Loyalty Terms, our website Privacy Policy and our website Loyalty Terms and Conditions, you cannot participate in the Program. The Program is void where prohibited by law.

NOTICE REGARDING DISPUTE RESOLUTION: THESE LOYALTY TERMS CONTAIN TERMS THAT GOVERN HOW CLAIMS BETWEEN YOU AND US RELATING TO YOUR PARTICIPATION IN THE PROGRAM WILL BE RESOLVED. FOR EXAMPLE, SECTION 9CONTAINS AN ARBITRATION AGREEMENT AND WAIVER OF CLASS ACTION WHICH STATES THAT WE MUST ARBITRATE INSTEAD OF GOING TO A COURT BEFORE A JUDGE AND JURY AND THAT ALL SUCH ARBITRATION CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE OR MEMBER OR OTHERWISE ON BEHALF OF OTHERS IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING.

1. Membership Eligibility and Overview

1.1 The Program is offered at the sole discretion of ASC REGENITY LIMITED (Registered No: 10523270) Registered Office: Unit 2.02, 411-413 Oxford Street, London, United Kingdom, W1C 2PE and VAT number of GB 269 2806 70 (“Augustinus Bader,” “we,”, “Company”, “our” or “us”).

1.2 Eligibility: 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 are defined as follows - legal residents of the fifty (50) United States or the District of Columbia (including its territories and possessions) who are at least 18 years of age, and who provide and maintain a valid email address. 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. Employees of Company and their immediate family members living in the same household are not eligible for the Program. Individuals employed by our business partners or vendors are eligible for membership for personal use only but may be excluded from certain benefits of the Program in our sole but reasonable discretion. We do not allow any individual or company, associate or group to direct, encourage, or allow individuals to use a single account for the purpose of accumulating Program benefits for combined use.

2. Program Enrolment

2.1 Eligible individuals may enroll in the Program by visiting www.AugustinusBader.com/the-club (the “Site”) and opt in by following the Program prompts to register for the Program.

Should you not wish to opt into the Program, we invite you to check out as guest while shopping at Augustinusbader.com.

2.2 You are required to provide your full name, email address and to create a password in order to enroll. You may also have the opportunity to provide us with your mailing address, birth date and mobile phone number, however, this information is optional. You are solely responsible for maintaining the accuracy of your account information and for updating it as required. You may update your personal information on the Site. You are solely responsible for advising us of any changes to your account information.

2.3 Only one Program account may be associated with a single member and a single email address. In the event of a dispute over ownership of the Program membership account, 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 Loyalty Terms, the “authorized account holder” is defined as 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.

3. Product Rewards and Benefits

3.1 As a member of the Program, you earn points as set forth further below that determine your points benefits plus tier levels and tier benefits, including eligibility to redeem your points for certain rewards as set forth further below and at www.AugustinusBader.com/the-club. Points may never be redeemed for cash. You must be logged in to your Program account to use your benefits. Company reserves the right to suspend, terminate, revalue or modify, without liability, or notice to members, all or part of the points value structure and offers and any merchandise or service.

MEMBER CODE OF CONDUCT: Company believes in full transparency and in full, fair and effective disclosures of material facts relating to each member’s relationship with Company. Company requires that all members abide by the FTC’s Guides Concerning the Use of Endorsements and Testimonials in Advertising (http://www.ftc.gov/os/2009/10/091005revisedendorsementguides.pdf) (“FTC Endorsement Guides”). Per the FTC Endorsement Guides, each member should disclose member’s connection to Company and participation in the Program when speaking about Company or Company’s products and services or the Program, including when doing so in the course of earning points in the Program (e.g. if a member can earn points by leaving a product review, the product review must state that the member earned Program points for leaving a product review).

3.1.1 Point Rewards: At different point levels you will be able to redeem your points for rewards that can be used in conjunction with a purchase on the Site. You may redeem one reward (1) per transaction on the Site by logging into your Program account and selecting the reward from your Program account page. Specific rewards vary based on availability. You must redeem your available points/rewards within 12 months of your last purchase, or the available points and rewards will expire and your points balance resets to zero, and you may start accumulating new points and earning new rewards.

3.1.2 Tier Benefits: Certain benefits are based on the tier achieved and you are eligible for these benefits while you are in that tier, regardless of the number of points you currently have (see details below). If you move down a tier, your benefits change accordingly. Tier benefits can only be redeemed on the Augustinus Bader website, with the exception of exclusive events or as otherwise noted. You may review our FAQsfor more information.

3.1.2 Tiers structure and benefits are listed at www.AugustinusBader.com/the-club from time to time and may include without limitation the following:

Blue Tier: first level of membership. By being a Blue Tier member, you may be eligible to the following benefits:

  • 5 loyalty points granted per 1 unit of currency spent
  • 1 bonus loyalty points day per year
  • Bonus loyalty points on your birthday
  • Priority access to launches (4 hours)

Gold Tier: intermediary level of membership. By being a Gold Tier member, you may be eligible to the following benefits:

  • Gold membership price: you will automatically receive 5% off purchases made at AugustinusBader.com when logged into your online account. This offer excludes Victoria Beckham Beauty, our Discovery Duos and Gift Sets
  • 5 loyalty points granted per 1 unit of currency spent
  • 2 bonus loyalty points days per year
  • 1 birthday gift 1
  • Priority access to launches (1 day)

Black Tier: premium level of membership. By being a Black Tier member, you may be eligible to the following benefits:

  • Black membership price: you will automatically receive 8% off purchases made at AugustinusBader.com when logged into your online account. This offer excludes Victoria Beckham Beauty, our Discovery Duos and Gift Set
  • 5 loyalty points granted per 1 unit of currency spent
  • 3 bonus loyalty points days per year
  • 1 premium birthday gift 2
  • Priority access to launches (2 days)
  • invitations to exclusive events and experiences

Birthday gifts: For birthday gifts, you will receive a code through email that enables you to receive one eligible product. These are not available for exchange, refund or resale and limited to stock availability and to one order per account.

1 as a birthday gift, you will receive a code through email that enables you to receive one 15 ml of either The Cream or The Rich Cream. These are not available for exchange, refund or resale and limited to stock availability and to one order per account.

2 as a birthday gift, you will receive a code through email that enables you to receive one 30 ml of either The Cream or The Rich Cream. These are not available for exchange, refund or resale and limited to stock availability and to one order per account.

Tier threshold:

3.1.3 Earning your points: You may earn points in various ways:

  • By creating an account
  • By entering your birthday into your account form
  • By purchasing products from our website
  • By completing quizzes from time to time
  • By referring a friend
  • By liking us on Facebook
  • By following us on Instagram

3.1.4 Redeeming your points: You will be able to redeem every 50 loyalty points you earn for money off a purchase exclusively on the Augustinus Bader website. To do so, you need to be log on your account when you shop on Augustinus Bader website and when in the online checkout, you will be presented with the option to redeem all or some of your points on the order. Simply select the value you would like to redeem and continue to check out.

Augustinus Bader website is regionally divided (UK, US, EU, Canada, Australia and rest of the world). The points you earn are attached to the regional Augustinus Bader website you have been purchasing on and can only be redeemed on the same regional Augustinus Bader website.

In the event you need to amalgamate the points from different Augustinus Bader regional websites, please contact our Customer Services Team.

You must redeem your available points within 12 months of your last purchase, or the available points will expire, your points balance reset to zero and your tier reset to Blue. At this point, you may start accumulating new points and earning new rewards.

3.2 Offers and rewards are available while supplies last and are subject to availability and order deadlines, and substitutions made by us in our sole discretion may occur. Certain rewards and eligible merchandise may be made available by third parties and Company makes no warranty with respect to any such rewards, merchandise or services available within the Program. If your online order is not completed for any reason, any offers or rewards will be removed from your shopping basket and may no longer be available. Shipping and handling fees and/or taxes may apply to any purchases made through the Program. All taxes applicable to any Program benefits provided by Company under these Loyalty Terms shall be the applicable member’s responsibility and Company shall not withhold or pay any amounts for federal, state or municipal income tax, social security, unemployment or worker’s compensation. Some Program benefits may require certain purchase thresholds, have quantity or shipping address limitations, or require members to meet specified criteria in order to access them. You are not required to redeem points, provided that failure to redeem points may result in their expiry or forfeiture as otherwise set forth in these Loyalty Terms.

All purchases as well as requests for returns or refunds for any reason with respect to products ordered using Program benefits are subject to Company’s Terms of Sale.

3.3 Neither accounts nor Program rewards, benefits and/or points may be transferred, assigned, shared or combined by members. Program members are not permitted to purchase products for the purpose of resale, rental, or to ship to their customers or potential customers using Program benefits. Only the holder account may accumulate rewards, benefits and/or points when purchased logged in. We reserve the right to monitor the number of accounts per household and refuse, merge or close additional or duplicate accounts at any time. Your account information (including security details) are confidential and should not be shared by you with any other person Only one account will be authorized per email account.

3.4 Rewards, benefits and points 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. Points and tier status credited to your Program account will be decreased or reversed, as applicable, if part or all of a purchase is returned or cancelled or if the credit is obtained through fraudulent or other activity that violates these Loyalty Terms as determined by us in our sole but reasonable discretion. The sale, barter, transfer, or assignment of any rewards benefits, or points offered through the Program, other than by us, is expressly prohibited. We make no warranty in any respect to as to any Program benefit, including its availability, within the Program.

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

3.6 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 Loyalty Terms.

3.7 We are not responsible for rewards, benefits and/or points lost or redeemed due to fraudulent activity by you or any third party.

3.8 If you have concerns that a purchase or other activity was not properly applied to your account, you should contact our Customer Services Team.

3.9Rewards can only be redeemed on the Augustinus Bader website they were earnt at, and only redeemed in relation to a product purchase, unless otherwise noted by Augustinus Bader.

4. Referrals

As part of the Program we offer members the opportunity to refer-a-friend to Augustinus Bader.

To do so, members should complete the online form in The Club Lounge at augustinusbader.com providing the email address of their Referred Friend.

On submission of the form, the Referred Friend will be emailed by Augustinus Bader, and offered an introductory discount. Unless the Referred Friend goes on to subscribe for marketing emails, create an online account or shop on the website, this email address will not be used again.

Should the Referred Friend click the link contained in this email, they will be directed to the website where they will be served an online pop-up containing a unique offer code which, when entered at the online checkout, will trigger their introductory offer.

Should the Referred Friend successfully place their first order, the Referrer’s account will be credited with bonus loyalty points as a reward. They will be emailed to update them of their new loyalty points balance.

5. Program Communications.

5.1 On enrollment to the Program, you will be offered the opportunity to sign-up to marketing emails.

5.2 You may opt-out of receiving marketing emails at any time by following the instructions included in each communication, such as clicking on the unsubscribe link included in each email or by updating your preferences in The Club Lounge at AugustinusBader.com. However, operational emails (“Operational Emails”) will still be sent to you as they relate to your membership in the Program. Operational Emails include, but are not limited to, redemption confirmation emails, profile update emails, or other communications that relate to your account (such as shipping updates). For more information on managing your email preferences, please see our Privacy Policy.

5.3 Upon your agreement, we may also contact you through SMS and/or Direct Mail.

6. Replenish orders (auto-replenishment)

Program members will automatically earn loyalty points on their Replenish orders. They will also have the opportunity to redeem their loyalty points on these orders, too. To do so, they must update their order in the ‘Manage Orders & Replenishments’ area of The Club Lounge, when they log into their account at augustinusbader.com.

In addition to earning loyalty points, customers will also be offered a welcome gift when they set up a new recurring Replenish order. Only new Replenish orders placed after March 1st, 2021 will be eligible for this gift.

Each time your Replenish order is processed and payment is validated, your account will be credited with the relevant number of loyalty points.

These gifts are not available for exchange, refund or resale. This offer is available while stocks last.

7. Termination and Modification

7.1 The Program and its benefits are offered at our sole discretion. We reserve the right to change Program benefits, how you earn points and reach each Program tier, and how we evaluate and reward your eligible purchases and/or other Program activity at our sole discretion at any time. 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 that 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. Except where prohibited by applicable law, we may, in our discretion, cancel, modify, restrict or terminate these Loyalty Terms 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. Changes to the Program will be set forth in these Loyalty Terms and will be effective on the date the Loyalty Terms are posted to the Site (with the effective date reflected at the beginning of the Loyalty Terms). Continued participation in the Program following posting of updated or modified Loyalty Terms constitutes your acceptance of those Loyalty Terms as so updated and modified. Our failure to insist upon or enforce your strict compliance with these Loyalty Terms shall not constitute a waiver of any of our rights.

7.3 We reserve the right to exclude you from or to discontinue your participation in the Program and to audit your Program account at any time, in our sole but reasonable discretion. Any suspected abuse of the Program, failure to comply with any Loyalty Terms, illegal activity, fraud, misrepresentation or other conduct inconsistent with these Loyalty Terms and/or detrimental to us or our interests, including without limitation, any suspected illegal, fraudulent or other unauthorized use of any Program rewards, points, cards, credits, vouchers, coupons and/or certificates , or any acts that are damaging, tampering with, or corrupting the operation of the Program, or acting with intent to annoy, harass, or abuse any other person, any inappropriate or unusual behavior or activity, or any other activity we deem to be generally inconsistent with the general operation of the Program (alll as determined by us in our sole but reasonable discretion), may result in the revocation of your membership and make you ineligible for further participation in the Program. If your membership is revoked, any rewards or benefits in your Program account will automatically expire and your access to the Program and features will automatically terminate. If we suspect illegal activity, fraud, misrepresentation, abuse or violation of these Loyalty Terms, we reserve the right to take appropriate legal action. . Any decision we make relating to termination or suspension of any member’s participation in the Program shall be final and binding in all respects. We shall be the sole determiner in cases of suspected abuse, fraud, or breach of these Loyalty Terms or intent of these Loyalty Terms.

7.3If you decide that you no longer want to be a part of the Program, you may terminate your membership in the Program at any time by contacting our Customer Services Team. If you terminate your membership, you will automatically lose all accumulated points, benefits and your tier status and no longer receive Program related communications. Nothing in these Loyalty Terms implies any employment or joint venture relationship between Company and any member.

8. Release: Limitation of Liability.

By participating in the Program, members agree to release Company, its parent, subsidiaries, affiliates, suppliers, advertising and promotions agencies and their respective attorneys, accountants, directors, officers, employees, and agents (collectively, “Released Parties”) from any and all claims and liability for any loss, harm, damages, cost or expense (collectively, “Claims”), including, without limitation, intellectual property infringement, property damages, personal injury and/or death, arising out of or in any way connected to the Program, Program benefits or any products or services purchased or access therefrom. Members agree to indemnify, defend and hold Released Parties from and against any and all third party Claims arising from, or related to any breach by member of any of these Loyalty Terms or any violation by member of applicable law.

8.1 Without limiting any other warranty disclaimers, limitations and exclusions in Company’s Terms of Use or Terms of Sale, we shall not be liable to you for the following:

  • (1) any failure by you to provide us with correct information.
  • (2) if we are unable to perform any of our obligations to you due to failure of any technical systems or for any other reasons that fall under force majeure such as, but not limited to, war, terrorism, government action, natural disaster, epidemic or pandemic and industrial dispute.
  • (3) any damage to your device as a result of using Augustinus Bader website.
  • (4) any loss of information or unauthorized use of data arising as a result of you using encryption systems below our recommended level.

8.2 The disclaimers and limitations of liability in these Program Loyalty Terms shall not apply to any damages arising from death or personal injury caused as a result of our gross negligence or that of any of our employees or agents or for fraud.

9. Governing Law; Dispute Resolution; Class Action Waiver

The laws of the State of New York shall govern these Loyalty Terms. While we will make reasonable efforts to resolve any disagreements you may have with Company, if these efforts fail you agree that all claims, disputes or controversies against Company arising out of these Loyalty Terms, or the purchase of any products or services (“Claims”) shall be exclusively submitted to binding arbitration (except for matters that may be taken to small claims court), no matter what legal theory they are based on or what remedy (damages, or injunctive or declaratory relief) they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third- party claims, interpleaders or otherwise; and Claims made independently or with other claims. The party filing arbitration must submit Claims to the American Arbitration Association and follow its rules and procedures for initiating and pursuing arbitration. Any arbitration hearing that you attend will be held at a place chosen by the American Arbitration Association in the same city as the U.S. District Court closest to your then current residential address, or at some other place to which you and Company agree in writing, and the arbitrator shall apply New York law consistent with the Federal Arbitration Act. You may obtain copies of the current rules, and forms and instructions for initiating arbitration by contacting the American Arbitration Association at using the contact information noted below.

American Arbitration Association
Website: www.adr.org

A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least ten (10) years’ experience or a retired or former judge, selected in accordance with the rules of the American Arbitration Association. The arbitration will follow the procedures and rules of the American Arbitration Association which are in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with these Loyalty Terms, in which case these Loyalty Terms will prevail. Those procedures and rules may limit the discovery available to you or us. The arbitrator will take reasonable steps to protect your customer account information and other confidential information if requested to do so by you or us. Each party to the arbitration will bear the expense of that party’s attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines. The arbitrator’s award is final and binding on the parties.

We will not choose to arbitrate any Claim you bring in small claims court. However, if such a Claim is determined by the court to be outside its jurisdiction, the parties agree that the dispute shall then be submitted to arbitration.

Class Action Waiver: YOU AGREE THAT, BY ENTERING INTO THESE LOYALTY TERMS, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. CLAIMS AND REMEDIES SOUGHT AS PART OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ACTION ARE SUBJECT TO ARBITRATION ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS, AND THE ARBITRATOR MAY AWARD RELIEF ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS.

Time Bar: ANY CLAIM YOU HAVE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DATE OF THE CLAIM.

10. Privacy.

The personal information collected from you in connection with the Program, including but not limited to purchases made in connection with your Program membership, will be used and disclosed by us in accordance with the Augustinus Bader Privacy Policy. Without limiting the foregoing, we will use and retain your personal information to (1) create and manage your loyalty Program account; (2) provide goods and services to you, such as servicing and maintaining your Program membership with us; (3) protect against deceptive and fraudulent activity; (4) enable internal uses that are consistent with our Privacy Policy; and (5) comply with a legal obligation.

11. Entire Agreement; Waiver and Survival.

These Loyalty Terms govern our relationship with you as it relates to the Program. You confirm that, in agreeing to accept the Loyalty Terms, you have not relied on any representation except as expressly set forth in these Loyalty Terms and you agree that you shall have no remedy in respect of any such representation not included in these Loyalty Terms. Your statutory rights are not affected by these Loyalty Terms. Nothing in these Loyalty Terms shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not a part of these Loyalty Terms. Each provision of the Loyalty Terms shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in the circumstances. No waiver by us will be construed as a waiver of any proceeding or succeeding breach by you of any provision in these Loyalty Terms.

12. Contact Us

For information about the Program and your membership, visit The Club Lounge which is available when you log-in to your account at AugustinusBader.com. You can also contact our Customer Services Team by getting in touch through the ‘Contact Us’ button in the bottom right of AugustinusBader.com. We are not responsible for requests or correspondence lost or delayed in the mail or over the Internet. You may also provide answers to helpful frequently answered questions in our FAQs.