TERMS OF SERVICE

These Terms of Service (“Terms”) govern your access to and use of the website - www.bellavitaluxury.mx and any related online or mobile services (collectively, the “Services”) provided by Bellavita Fragrances (“Bellavita,” “we,” or “us”). If you use our Services to purchase any of our perfumes, cosmetics, self-care products, or other goods made available for sale through our Services (collectively, the “Products”), such purchase is governed by these Terms.

If you do not agree to these Terms, you may not use our Services.

We may provide additional or different terms for specific Services, and those terms will form part of your agreement with us if you use the applicable Services. If there is a conflict between these Terms and the additional terms, these Terms will govern to the extent of the conflict.

We may update or modify these Terms from time to time. If changes are made, we will provide notice—such as by posting the updated Terms on the Site, sending you an email, or through another reasonable method. You can determine whether the Terms have changed by checking the “Last Updated” date at the top of this page. The revised Terms will be effective as soon as they are posted on the Site.

For questions about our Products or an order you have placed, please contact our Bellavita Customer Care team at - care@bellavitaluxury.mx. If you have any questions about these Terms or our Services, please contact us at - care@bellavitaluxury.mx

1) Privacy

For information about how Bellavita (“Bellavita,” “we,” or “us”) collects, uses, shares, and otherwise processes your personal information, please see our Privacy Policy.

2) Eligibility

You must be at least 13 years old to use our Services. If you are under 18 years old (or the age of legal majority where you live), you may only access or use the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

If you are a parent or legal guardian and you allow a minor to use the Services, you accept full responsibility for the minor’s use, including all activities, acts, or omissions.

If you are using the Services on behalf of another individual or an entity:

• all references to “you” in these Terms will include that individual or entity;
• you confirm that you are authorized to accept these Terms on their behalf; and
• that individual or entity agrees to be responsible to Bellavita if you or they violate these Terms.

3) User Accounts and Account Security

Some features of the Services may require you to create an account. If you register, you must provide accurate, current, and complete information, and promptly update it when changes occur.

You are solely responsible for keeping your account credentials secure and for all activity carried out under your account. If you discover or suspect unauthorized use of your account, you must notify us immediately.

If you share your login details with others, you remain responsible for their actions while using your account.

Bellavita reserves the right to reclaim or reassign usernames if necessary, including where a business or individual has a legal or trademark claim to a particular username.

4) User Content

Our Services may allow you and other users to create, post, upload, store, and share content, including messages, text, photos, videos, reviews, and other materials (collectively, “User Content”). Except for the license you grant below, you retain ownership of your User Content between you and Bellavita.

By submitting User Content, you grant Bellavita and its current and future affiliates a perpetual, non-exclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and display your User Content (including any name, username, or likeness provided in connection with such content) in all formats and channels now known or later developed, without compensation to you.

When you post or share User Content through the Services, you understand that your content (and certain associated details, such as your name or profile photo connected to a product review) may be visible to others.

You may only post User Content for which you have all necessary rights and permissions. You represent and warrant that your User Content—and our use of it as permitted under these Terms—will not infringe or violate the rights of any third party or cause harm to any person or entity.

Although Bellavita is not obligated to monitor or edit User Content, we reserve the right to remove or delete any User Content at any time, for any reason, without notice.

This section concerns your intellectual property rights and does not affect your rights under data protection or privacy laws.

5) Browsing Session Information

We may use technologies that collect information about your browsing sessions, interactions, and activities on our Site. These may include tools such as session replay software (which records your interactions with the Site), chat providers (which keep transcripts of chats), cookies, pixels, and other tracking technologies.

We use this information for purposes including quality assurance, customer support, fraud prevention, security, analytics, and marketing, in accordance with our Privacy Policy.

6) Prohibited Content and Conduct

You are solely responsible for your conduct while using our Products and Services. You agree not to violate any law, contract, intellectual property right, or third-party right, and not to engage in conduct that may expose Bellavita or others to liability. In particular, you agree not to:

• Sell, resell, or commercially exploit our Products or Services without authorization
• Harass, threaten, intimidate, stalk, or engage in predatory behavior
• Impersonate another person or entity, or misrepresent your affiliation with anyone
• Copy, reproduce, distribute, publicly display, or publicly perform any part of the Services, except as expressly permitted by Bellavita or our licensors
• Modify the Services, remove any proprietary notices, or create derivative works from the Services
• Use the Services in any way that interferes with, disrupts, or negatively affects other users’ enjoyment, or that damages, disables, or impairs the functioning of the Services
• Reverse engineer or attempt to access the source code of any aspect of the Services
• Use scraping tools, robots, or automated means to extract data from the Services, including for use in training machine learning or artificial intelligence models, without prior written consent
• Develop or use applications that interact with our Services without prior authorization
• Bypass or ignore instructions contained in our robots.txt file
• Use the Services for any unlawful or unauthorized purpose, or encourage others to do so

You may only post User Content that is lawful, non-confidential, and appropriate. You may not post or share User Content that:

• Is unlawful, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable
• Encourages or provides instructions for a criminal offense, or violates any law or third-party rights
• Infringes or misappropriates any intellectual property or proprietary right, including copyright, trademark, trade secret, or patent
• Contains false, misleading, or deceptive claims or statements
• Misrepresents your identity or affiliation with any person or entity
• Contains unsolicited promotions, advertising, spam, or political campaigning
• Includes private or personal information of any third party without their consent
• Contains malware, viruses, corrupted data, or harmful code
• In Bellavita’s sole judgment, is otherwise objectionable, restricts others from using the Services, or may expose Bellavita or its users to harm or liability

Enforcement of this Section is at Bellavita’s sole discretion. Failure to enforce any part of this Section in one instance does not constitute a waiver of our right to enforce it in the future. Nothing in this Section creates a private right of action for third parties or a guarantee that the Services will never contain prohibited content.

7) Ownership; Limited License

All rights, title, and interest in and to our Services, including without limitation all text, graphics, images, photographs, videos, illustrations, designs, logos, icons, software, and other content contained therein (collectively, the “Content”), are owned by Bellavita or our licensors and are protected under applicable intellectual property and other laws in India and internationally. Except as expressly set out in these Terms, no rights in or to the Services or the Content are granted to you.

Subject to your compliance with these Terms, Bellavita grants you a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use the Services solely for your personal, non-commercial use. Any other use of the Services or the Content, including but not limited to reproduction, modification, distribution, transmission, republication, display, or performance, without our prior written permission, is strictly prohibited, constitutes a material breach of these Terms, and may violate applicable laws.

8) Trademarks

“Bellavita,” our logos, product and service names, slogans, and the overall look and feel of the Services are trademarks of Bellavita and may not be copied, imitated, or used, in whole or in part, without our prior written consent. All other trademarks, registered trademarks, product names, and company names or logos appearing on the Services are the property of their respective owners. Reference to any third-party products, services, processes, or other information by name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by Bellavita.

9) Feedback

We welcome your feedback, suggestions, ideas, or other materials relating to Bellavita, our Products, or our Services (collectively, “Feedback”). By submitting Feedback, you acknowledge and agree that Bellavita may use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and otherwise exploit such Feedback, in whole or in part, for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You further agree that any Feedback you provide will be treated as nonconfidential and non-proprietary.

10) Third-Party Content

Our Services may provide information about third-party products, services, activities, or events, or may allow third parties to make their content and information available on or through the Services (collectively, “Third-Party Content”). We provide Third-Party Content for your convenience, and your dealings or correspondence with such third parties, and your use of or interaction with any Third-Party Content, are solely between you and the third party.

Bellavita does not control, endorse, or make any representations or warranties regarding any Third-Party Content. Your access to and use of such Third-Party Content is entirely at your own risk.

11) Terms of Sale

The terms of sale set out in this Section apply to the purchase of Bellavita products (“Products”) through our Services. By purchasing a Product via our Services, you agree to be bound by these Terms of Sale. If you do not agree, you should not purchase Products through our Services.

A.   Order Eligibility

To complete a purchase, you must have a valid billing and shipping address within a serviceable location listed during the checkout process on our Services.

B.   Product Availability, Display, and Specifications

Details of Products available for purchase are provided on our Services. All features, descriptions, images, specifications, and prices of Products are subject to change at any time without notice. While we make reasonable efforts to ensure accuracy, the information on our Services may occasionally be incomplete, inaccurate, or out of date.

Product packaging, labeling, and ingredients may vary from those shown online and may contain additional or different information. You should always read the label, warnings, and directions provided with the Product before use.

C.   Purchase Restrictions and Quantity Limits

Products are available only for personal use and not for resale. We may, at our discretion, limit the quantities of Products purchased per order, per account, per payment method, or per household. Bellavita reserves the right to refuse or cancel any order, limit quantities, or suspend access to our Services if we suspect misuse, without prior notice.

D.  Order Process; Errors

Once you place an order, you will have the opportunity to review and confirm details such as shipping address, payment method, and Product selection. We will send you an order confirmation email acknowledging receipt of your order. Our acceptance of your order will be complete when we send this email.

We will arrange shipment of Products to your address, and you will be responsible for all applicable shipping and handling charges. Title and risk of loss for Products pass to you once the Products are handed over to the carrier. Delivery timelines provided are estimates and not guarantees, and Bellavita is not responsible for delays beyond our control.

We reserve the right to cancel or refuse any order in case of pricing errors, inaccuracies in Product information, stock unavailability, or suspected fraud. In such cases, we will notify you and process a refund (if applicable).

E.  Price

Prices listed on our Services are in Indian Rupees (INR) and exclude applicable taxes, shipping, and handling charges unless otherwise stated. The final price, including taxes and charges, will be displayed at checkout before you confirm your purchase. Prices are subject to change without notice.

F.  Payment

We accept multiple payment methods, as shown at checkout, and reserve the right to change available options without notice. By submitting payment details, you represent and warrant that you are authorized to use the selected payment method and that the information provided is accurate.

Payment must be received in full before we accept and process your order. In the event of non-payment or a failed transaction, Bellavita reserves the right to cancel the order. Refunds, where applicable, will be issued to the original payment method or as store credit, depending on your selection.

G.  Return Policy

Our return policy is in addition to any rights you may have under applicable consumer protection laws.

If you are not satisfied with a Product purchased via our Services, you may return it within thirty (30) days from the date of delivery, subject to the conditions below. Bellavita will not accept returns of Products purchased from third-party retailers, whether online or offline; such returns must be handled directly with the retailer under their return policies.

We will only accept a return if:

• The Product is returned from the same country to which it was originally shipped; and
• You initiate the return through our designated returns process.

Products that are opened, used, or damaged may not be eligible for return. Bellavita does not take title to returned Products until we receive them. Refunds or store credit will be issued once we process the returned Product. Shipping and handling fees from the original purchase are non-refundable unless required by law.

H.  Return Procedure

To initiate a return, you must follow the steps provided in our returns process, including providing your order details and selecting your preferred refund option (original payment method or store credit, if applicable).

Once your return is approved, you will receive instructions and, where applicable, a return shipping label. Refunds will be processed after the returned Product is received and inspected. Processing times may vary depending on your payment provider.

If a Product is deemed ineligible for return, Bellavita has no obligation to provide a refund or ship the Product back to you.

12) Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Bellavita, along with our subsidiaries, affiliates, and each of our respective officers, directors, employees, agents, and partners (individually and collectively, the “Bellavita Parties”), from and against any losses, liabilities, claims, demands, damages, expenses, or costs (collectively, “Claims”) arising out of or relating to: (a) your access to or use of our Products or Services; (b) your User Content or Feedback; (c) your breach of these Terms; (d) your violation, misappropriation, or infringement of any rights of another (including intellectual property or privacy rights); or (e) your conduct in connection with our Products or Services.

You agree to promptly notify the Bellavita Parties of any third-party Claims, cooperate fully with the Bellavita Parties in the defense of such Claims, and bear all fees, costs, and expenses associated with defending such Claims (including reasonable attorneys’ fees). The Bellavita Parties retain the right, at their sole discretion, to assume the defense or settlement of any third-party Claims. This indemnification obligation is in addition to, and not in substitution for, any other indemnities provided in a written agreement between you and Bellavita or the other Bellavita Parties.

13) Disclaimer of Warranties and Release

Your use of our Products and Services is solely at your own risk. Except as expressly provided in these Terms or otherwise in writing by us, our Products, Services, and any content therein are provided “as is” and “as available,” without any warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement.

Bellavita does not guarantee that the Services will be accurate, complete, reliable, current, or error-free, nor that our Services or servers are free from harmful components such as viruses. You acknowledge and assume full responsibility for the quality and performance of the Services.

To the maximum extent permitted by applicable law, you release Bellavita and the other Bellavita Parties from all responsibility, liability, claims, demands, and/or damages of any kind, known or unknown (including claims of negligence), arising from or related to: (a) your use of our Products or Services; (b) disputes between users of Our Services; or (c) acts or omissions of third parties.

14) Limitation of Liability

To the fullest extent permitted by law, Bellavita and the other Bellavita Parties shall not be liable to you under any theory of liability—whether in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for any loss of profits, even if advised of the possibility of such damages.

If you are a consumer located in the United Kingdom or in the European Economic Area, this limitation shall be interpreted to mean that Bellavita and the Bellavita Parties will not be liable for any losses that were not reasonably foreseeable by both you and Bellavita at the time you agreed to these Terms.

Nothing in these Terms shall exclude or limit liability for death or personal injury caused by negligence, gross negligence, fraud, or willful misconduct of Bellavita or the other Bellavita Parties, or for any other liability which cannot be excluded or limited under applicable law. As some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, the above exclusions may not apply to you.

15) Transfer and Processing of Data

To provide our Services, you agree that Bellavita may process, transfer, and store information about you in the United States and other countries, where local laws may not provide the same level of data protection as in your home jurisdiction. For more details about how Bellavita collects, uses, transfers, and stores your information, please review our Privacy Policy.

16) Dispute Resolution; Binding Arbitration

Please read this Section carefully, as it requires you to arbitrate certain disputes and claims with Bellavita and limits the ways in which you can seek relief from us, unless you choose to opt out of arbitration by following the instructions set forth below. This arbitration agreement prohibits class or representative actions and prevents you from suing in court or having a jury trial.

Informal Dispute Resolution

We aim to resolve disputes without the need for formal legal action. Before initiating arbitration, you agree to attempt in good faith to resolve any dispute directly with us. This includes at least one telephone or videoconference conversation between you and Bellavita. To begin this process, you must notify us in writing by email at contactus@bellavita.com with a detailed description of the dispute, the basis for your claims, and the resolution you are seeking (including any monetary amount).

For sixty (60) days after we receive your notice, you agree to participate in good faith efforts to resolve the matter, including personally attending a call or videoconference. You may bring a lawyer if you wish. If the dispute is not resolved during that period (or any extension agreed upon by both parties), you or we may proceed to arbitration. Compliance with this informal resolution process is a condition precedent to arbitration. Any statute of limitations will be tolled during this period.

Arbitration Agreement and Waiver of Certain Rights

Except as otherwise provided below, any disputes, claims, or controversies (each, a “Claim”) between you and Bellavita or between you and a third-party agent of Bellavita will be resolved exclusively through binding arbitration, in accordance with the Consumer Arbitration Rules of the American Arbitration Association (“AAA Rules”). The AAA Rules are available at www.adr.org or by calling 1-800-778-7879.

By agreeing to these Terms, you and Bellavita waive the right to a jury trial. Arbitration will be conducted by a single arbitrator, and the arbitrator’s decision will be final and binding. Arbitration proceedings will be kept confidential, except as disclosure is required by law or court order.

This agreement is governed by the Federal Arbitration Act and federal arbitration law. A court of competent jurisdiction will determine the validity, scope, and enforceability of this arbitration agreement, including whether all conditions precedent to arbitration have been satisfied.

Initiating Arbitration

To begin arbitration, you must first send us a signed written notice describing your claim to:
Bellavita Legal Department, legal@oneguardian.in.
This letter must be sent at least ten (10) days before you initiate arbitration.

Costs of Arbitration

If arbitration costs would be prohibitively expensive compared to litigation, Bellavita will pay the portion of fees deemed necessary by the arbitrator to prevent arbitration from being cost-prohibitive. In the final award, the arbitrator may allocate arbitration costs and arbitrator fees between the parties as deemed appropriate.

Other Rights and Exceptions

• You may bring qualifying claims in small claims court instead of arbitration.
• Either party may request provisional relief in court, such as preliminary injunctions.
• Neither you nor Bellavita may bring a claim as part of a class, collective, or representative action. The arbitrator may decide only your individual claim.

Mass Arbitration Process Requirements

If twenty-five (25) or more similar claims are filed against Bellavita by the same or coordinated counsel, a staged arbitration process will apply. Claims will proceed in batches (initially 20, later 40, and then up to 100 at a time) with mediation required between stages. This process is intended to ensure efficiency and fairness. Any applicable statutes of limitations will be tolled during this process. Courts of competent jurisdiction have authority to enforce this staged arbitration requirement.

Severability

If any portion of this arbitration agreement is found unenforceable, that provision will be severed, and the remainder will continue in full force. This Section survives termination of your relationship with Bellavita.

17) Language

This Agreement, along with all related documents, notices, and communications, has been prepared in English. The parties expressly agree that the English version shall govern and prevail.

18) Governing Law and Jurisdiction

Unless otherwise required by applicable consumer protection laws, these Terms shall be governed by and interpreted in accordance with the Laws of Mexico without regard to conflict of law principles. Any dispute, claim, or proceeding arising out of or relating to the Products or Services, that is not subject to arbitration or small claims court (as outlined in the Arbitration Agreement), shall be brought exclusively in the state or federal courts located in Mexico City. You agree and submit to the personal jurisdiction of such courts for the resolution of such matters.

If your local laws require that consumer contracts be governed by and enforced in the courts of your country of residence, then this section shall apply only to the extent permitted by such local laws.

19) SMS Program

If you choose to enroll in Bellavita’s short message service program (“SMS Program”), you consent to receive recurring automated promotional and personalized marketing text messages from Bellavita. These messages may be sent using an automated system to the mobile number you provided at sign-up or to any other number you designate. Your consent to receive such messages is entirely voluntary and is not a condition of purchase.

Standard message and data rates may apply to both messages you receive from us and those you send to us. The frequency of messages may vary. Bellavita may, at its discretion, adjust the number of messages sent, and may also update the phone number or short code used to deliver these messages.

Cancellation

You may opt out of the SMS Program at any time by texting the keyword “STOP” to our short code. Once you send “STOP,” we will send you a confirmation text to verify that your request has been processed. Please note that our system may not recognize unsubscribe requests that do not include the exact “STOP” keyword. In such cases, Bellavita and its service providers will not be responsible for failing to process your request.

Help

If you need assistance or a reminder of supported keywords, simply text “HELP” to our short code. You will then receive a reply with customer care details.

Customer Care

For questions about the SMS Program, you may reach out to our customer care team at-  care@bellavitaluxury.mx

20) Severability

If any provision, or part of a provision, of these Terms is found to be unlawful, void, or unenforceable, that provision (or part thereof) will be deemed severable and will not affect the validity or enforceability of the remaining provisions.

21) Miscellaneous

The failure of Bellavita to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. Section headings are included for convenience only and carry no legal or contractual effect. Except where expressly stated otherwise, these Terms are intended solely for the benefit of the parties and do not create any rights for third parties. You agree that all communications, notices, and transactions between you and Bellavita may be conducted electronically. We may transfer or assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.