Terms of Offer
Membership in the Club is open to individuals who are legal residents of the continental U.S. (excluding Hawaii, Alaska, Minnesota and the U.S. Virgin Islands), who are at least age 18 (or the age of majority in their state of residency) as of the date of enrollment and have the capacity to enter into a binding contract. We reserve the right accept or reject membership into the Club at our sole discretion. The Club is void elsewhere and where prohibited.
Exclusive Monthly Savings is an authorized reseller of Mineral Simplicity™, and all references herein "We", "Us", "Our" or "Mineral Simplicity" include Exclusive Monthly Savings.
Enrolling In The Trial Offer and Club Program. In submitting an order for a Trial of Mineral Simplicity™ Mineral Make-up, you are automatically enrolled into the Mineral Simplicity™ Beauty Club ("Club") and will continue to be a member of the Club unless you follow the instructions detailed in item #4 below.
Trial Shipment. A 60-day supply of Mineral Simplicity™ Introductory Mineral Make-up Kit ("Kit") will be shipped to you after the credit or debit card you provide when you submit your order is successfully charged a Trial fee of $1.00, plus a shipping and handling ("S&H") fee of up to $9.32 (Trial and S&H fees are non-refundable). The Kit contains 2 foundations (in the shade you chose at sign-up), 1 veil and 1 bronzer; each consisting of 2.5 grams ("Make-up"), as well as 1 brush and 1 cosmetic bag ("Accessories"). Within 72 hours after your product ships an invoice receipt will be sent to you via e-mail, to the e-mail address you provided at time of sign-up. Limit 1 introductory Trial order per household.
Trial Period. The Trial period ends 15 days from the shipment date. You will have 15 days from the date of shipment to try the Mineral Simplicity™ Mineral Make-up. Your order will ship through the United States Postal Service ("USPS"). Your shipment should arrive within 3 to 5 days. Accordingly, this should provide you around 10 to 12 days to try the product. If you are not satisfied after trying the product, you must follow the instructions below to cancel and return the remaining 60-day supply (Make-up and Accessories) to avoid further charges.
Returning The Remaining 60-day Supply (Make-up and Accessories). If you do not take affirmative action to cancel the Club membership before the end of the Trial period and return the unused portion of the 60-day supply (Make-up and Accessories) in accordance with the Returns and Refunds Policy, (a) your credit or debit card will be automatically charged $127.32 for the 60-day supply, and; (b) you will continue to be a member of the Club. Click here to cancel your membership and get return instructions or call Customer Service at 1-888-481-5251. You will be responsible for paying the shipping and handling costs to return the unused portion of the 60-day supply (Make-up and Accessories).
Automatic Shipments. As a member of the Club, you will receive automatic shipments about every 60 days at the members-only Club price of $28.32 every month plus a S&H fee of up to $9.32 (on the month the product ships) -- a significant value with the convenience of home delivery. If you do not cancel by the end of the Trial period, beginning about 30 days after the end of your 15-day Trial period and about every 60 days thereafter, you will receive a fresh 60-day supply of Mineral Simplicity™ Mineral Make-up in the form of 2 foundations (in the shade you chose at sign-up), 1 veil and 1 bronzer; each consisting of 2.5 grams. The credit or debit card you provided upon enrollment will be automatically charged $28.32 every month plus S&H (on the month the product ships) until you take affirmative action to cancel your membership.
How To Cancel. Click here to cancel your membership or call Customer Service at 1-888-481-5251.
Returns and Refunds. If for any reason you decide Mineral Simplicity™ Mineral Make-up is not for you, and would like to return a Club shipment and request a refund, please view the Returns and Refunds Policy (incorporated herein by reference) for more details. Trial and S&H fees are non-refundable. All shipping and handling fees on returns are the responsibility of the customer.
Notice of Price Change. As a member of the Club, you have the right to receive written notice of all price increases that vary from the amount you previously authorized. If the price increases, you will be notified via email or mail and given an opportunity to cancel your membership before such changes take effect. However, we do reserve the right to lower your membership price at any point in time without notification.
Payments. All charges will be automatically charged to the credit or debit card you provided upon enrollment. We are not responsible for any additional fees (including, without limitation, overdraft or foreign processing fees charged by your bank) resulting from the charges you have authorized in this Agreement.
Use of Club Membership. Your Club membership is non-transferable. You agree that only you and your Immediate Family may use the Club membership. "Immediate Family" means you, your spouse or partner and your children living at your home. Participation in the Club program is subject to this Agreement, as well as policies and procedures that we may adopt or modify from time to time. Any failure to abide by this Agreement or any policies or procedures implemented by us, any conduct detrimental to us, or any misrepresentation or fraudulent activities in connection with the Club program, may result in termination of membership in the Club program, as well as any other rights or remedies available to us at law. If we suspend or terminate membership for any reason specified in this Section 10, we reserve the right to not refund any fees paid by you.
Modification or Termination of the Club. Your membership in the Club is offered at our discretion, and we reserve the right to modify these terms and conditions, condition of participation, the Returns and Refunds Policy, or any other aspect of the Club, in whole or in part, at any time, with or without notice to you (except as otherwise specified herein). The most recent version of these terms and conditions will be available on our web site. Your continued use of the Club following the posting on this web site of any modification will indicate your acceptance to such modification of these terms and conditions. We may terminate the Club at any time in our sole discretion.
Customer agrees that we reserve the right to transfer our obligation to provide the product or service to another product or service provider, which may include, but is not limited to, a wholly owned subsidiary, affiliate, or other third-party provided that the product or service is offered at the same price or below and the product or service offering is comparable to or enhanced from the original product or service.
Charitable Contributions. All charitable contributions you authorize will be donated on your behalf to the appropriate organization. In addition, we or one of our business partners may match or exceed any donation made by you. Your donation and all additional donations made by us or our business partners will be made in your name.
Limitation on Liability and Disclaimer of Warranties. By participating in the Club, you agree that we and our owner(s), parent, subsidiaries, affiliates, agents, representatives, and employees will have no liability whatsoever for any injuries, losses, claims, damages or any special, exemplary, punitive, indirect, incidental or consequential damages of any kind, whether based in contract, tort, strict liability or otherwise, resulting from any use of the Club or the product(s), any failure or delay by us in connection with the Club, the performance or non-performance of the Club by us, or any other products or services provided by third-party vendors, even if we have been advised of the possibility of damages. Notwithstanding this disclaimer, if we are found liable for any loss or damage that arises out of, or is in any way connected with, any of the occurrences described in this paragraph, then our liability will in no event exceed, in total, the sum of $100.00.
We make no warranty of any kind regarding the Club or the product(s), which are provided on an "as is" and "as available" basis. We expressly disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade. We are not responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the Club or the product(s), including without limitation that the Club will be error-free, or as to the accuracy, completeness and timeliness of any content or information distributed with respect to the Club. Some states do not allow the limitation of liability and disclaimer or implied warranties, so the disclaimers and limitations above may not apply to you.
Entire Agreement. This Agreement contains all of the terms of the Trial and Club program, and no representations, inducements, promises or agreements concerning the Trial and Club program not included in this Agreement shall be effective or enforceable. If any of the terms of this Agreement shall become invalid or unenforceable, the remaining terms shall remain in full force and effect.
Governing Law. This agreement and the terms of the Club membership shall be governed and construed in accordance with the laws of the state of Pennsylvania without giving effect to the choice of law provisions thereof.
Arbitration. Any claim or controversy arising out of or relating to your use of our web site, your membership in the Club, your use of the product(s), or to any act or omission for which you may contend that we are liable, including but not limited to any claim or controversy as to arbitrability ("Dispute"), shall be finally and exclusively settled by binding arbitration. Judgment upon any award rendered by the arbitrator may be entered by any state or federal court having jurisdiction in Harrisburg, Pennsylvania. The arbitrator shall not have the power to award damages in connection with any dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. Neither you nor we shall be entitled to join or consolidate claims in arbitration by or against other consumers or arbitrate any claim as a representative or member of a class or in a private attorney general capacity. Both you and we voluntarily and knowingly waive any right they have to a jury trial.
These terms provide that all disputes between you and us will be resolved by binding arbitration. You thus give up your right to go to court to assert or defend your rights. You also give up your right to participate in or bring class actions. Your rights will be determined by neutral arbitrator(s) not a judge or jury.
If you do not choose to accept this binding arbitration provision, you must notify us in writing by registered mail at arbitration opt-out, 5 Great Valley Parkway, Second Floor, Malvern, PA 19355 within twenty (20) days after receipt of this "Agreement." If you so notify us by that time that you do not accept the binding arbitration provision, you may continue to be a member of the Club for the current membership term. However, in that event, we shall have the right not to renew your membership at the end of the membership term. The Club membership terms are month-to-month and automatically renew each month.