1. Agreement and eligibility
These Terms are a binding agreement between you and BRIXEN LLC (“BRIXEN,” “we,” “us,” or “our”). By accessing the website, creating an account, submitting information, or purchasing a product, you agree to these Terms and the policies incorporated by reference. If you do not agree, do not use the website.
You must be at least 18 years old, or the age of legal majority where you live, and legally capable of entering a contract. If you use the website for an organization, you represent that you are authorized to bind it.
2. Website use
You may use the website only for lawful, personal, noncommercial purposes. You may not interfere with security or operation; introduce malicious code; scrape, harvest, copy, frame, or reverse engineer content; impersonate another person; use automated purchasing tools; submit false information; infringe rights; or use the website to violate law. We may restrict or terminate access where reasonably necessary to protect BRIXEN, customers, or the website.
Product launches, rewards, samples, promotions, and website features may be changed, suspended, or discontinued. Website content may contain errors or become outdated; we may correct errors without notice.
3. Products and cosmetic-use disclaimer
BRIXEN products are cosmetics and personal-care products for external use unless the label expressly states otherwise. Website statements describe cosmetic purposes and are not medical advice, diagnosis, or treatment. Products are not intended to diagnose, treat, cure, or prevent disease.
Review the complete ingredient list and directions before use. Patch test when directed. Stop use and seek appropriate care if irritation or an adverse reaction occurs. Do not use a product if you have a known allergy to an ingredient. Individual results vary, and images, colors, scents, textures, packaging, and product appearance may vary by device, batch, or normal manufacturing tolerances.
Follow product labels and keep products away from children. You are responsible for deciding whether a product is appropriate for you. Consult a qualified healthcare professional about allergies, pregnancy, nursing, medications, medical conditions, or other health concerns.
4. Orders, payment, shipping, and returns
An order is an offer to buy. We may accept, reject, limit, or cancel an order for availability, pricing or description errors, suspected fraud, reseller activity, shipping restrictions, or other legitimate business reasons. A confirmation email acknowledges receipt but does not necessarily constitute acceptance. Payment processing may be provided by third parties and is subject to their terms.
Prices are in U.S. dollars unless stated otherwise. Taxes, shipping, duties, and other charges may apply. Delivery dates are estimates, not guarantees. Risk of loss and title pass as provided by applicable law and the selected carrier terms.
Unless a product page states otherwise, all sales are final. If an order arrives damaged, defective, missing, or materially incorrect, contact info@brixenx.com within 48 hours after delivery and include the order number and clear photographs of the product, packaging, and shipping label. After BRIXEN verifies and approves a timely claim, the sole remedy is store credit; cash refunds, payment reversals, and replacement products are not provided under this policy. Nothing in this section limits a refund, replacement, warranty, or other remedy that cannot lawfully be waived.
5. Accounts, promotions, and rewards
You are responsible for accurate information, account credentials, and activity under your account. Promotional offers and BRIXEN Privé Rewards may have additional terms. Unless stated otherwise, rewards have no cash value, are nontransferable, may not be combined, and may be modified or ended as allowed by law. Fraud, abuse, returns, or canceled transactions may result in adjustment or forfeiture of points or benefits.
6. Email and text messages
If you enroll, you consent to receive the communications described at sign-up. Marketing consent is optional and is not a condition of purchase. Message frequency varies; message and data rates may apply. For texts, reply STOP to opt out or HELP for help. Carriers are not liable for delayed or undelivered messages. Transactional communications about orders or accounts may still be sent where permitted.
You represent that you are the subscriber or customary user of any phone number you provide and will notify us before changing or relinquishing it. Additional campaign terms shown at enrollment apply.
7. Reviews and submitted content
If you submit reviews, photographs, feedback, or other content, you retain ownership but grant BRIXEN a worldwide, nonexclusive, royalty-free, transferable, sublicensable license to host, use, reproduce, adapt, publish, translate, display, and distribute it for operating, improving, and promoting BRIXEN, subject to applicable law and our Privacy Policy. You represent that you have the rights needed to submit it and that it is truthful, lawful, and noninfringing. We may moderate or remove content but are not obligated to do so.
8. Intellectual property
The website, designs, text, graphics, photographs, product names, packaging, logos, the BRIXEN name and X mark, and other content are owned by or licensed to BRIXEN and protected by intellectual-property laws. No license is granted except the limited right to use the website under these Terms. BRIXEN™ and Refine. Elevate. Become.™ are claimed marks of BRIXEN LLC. Do not use BRIXEN content or marks without prior written permission.
9. Third-party services
The website may link to or use payment processors, ecommerce platforms, carriers, social networks, analytics, and other independent services. BRIXEN does not control and is not responsible for third-party content, availability, security, or practices. Your use of those services may be governed by separate terms and policies.
10. Disclaimers and limitation of liability
To the fullest extent permitted by law, the website and content are provided “as is” and “as available.” BRIXEN disclaims implied warranties, including merchantability, fitness for a particular purpose, title, and noninfringement. We do not warrant uninterrupted, error-free, or completely secure operation.
To the fullest extent permitted by law, BRIXEN and its owners, officers, employees, agents, licensors, and service providers will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, lost profits, lost data, or business interruption arising from the website or products. BRIXEN’s aggregate liability for a claim will not exceed the greater of $100 or the amount you paid BRIXEN for the product or service giving rise to the claim during the preceding 12 months.
Some jurisdictions do not allow certain exclusions or limits. In those jurisdictions, the provisions apply only to the maximum extent allowed. Nothing excludes liability or remedies that cannot lawfully be excluded.
11. Indemnification
To the extent permitted by law, you agree to defend, indemnify, and hold harmless BRIXEN and its owners, officers, employees, and agents from claims, losses, liabilities, damages, costs, and reasonable attorneys’ fees arising from your unlawful use of the website, breach of these Terms, submitted content, or infringement of another person’s rights.
12. Governing law; individual arbitration
These Terms are governed by Utah law, without regard to conflict-of-law rules, except that the Federal Arbitration Act governs arbitration. Before filing a claim, the parties will attempt in good faith to resolve it for 30 days after written notice.
Except for eligible small-claims matters and claims seeking injunctive relief for misuse of intellectual property, any dispute arising from these Terms, the website, or BRIXEN products will be resolved by binding individual arbitration administered by the American Arbitration Association under its applicable Consumer Arbitration Rules. Arbitration may occur remotely unless the arbitrator requires otherwise. The arbitrator may award the same individual relief a court could award.
You and BRIXEN waive jury trial and agree to bring claims only in an individual capacity, not as a plaintiff or class member in any class, collective, consolidated, mass, or representative action, to the fullest extent permitted by law.
You may opt out of arbitration by emailing info@brixenx.com within 30 days after first accepting these Terms, stating your full name, contact information, and a clear request to opt out. If arbitration is found unenforceable for a dispute, exclusive venue will be the state or federal courts serving Washington County, Utah, and each party consents to jurisdiction there.
13. General terms
These Terms and incorporated policies are the entire agreement about their subject matter. If a provision is unenforceable, it will be modified to the minimum extent necessary and the remaining provisions will continue. Failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; BRIXEN may assign them in connection with a reorganization, financing, merger, acquisition, or asset transfer. We are not liable for delay caused by events beyond reasonable control.
We may update these Terms by posting the revised version and effective date. Material changes will receive notice where required. Continued use after the effective date constitutes acceptance to the extent permitted by law.
14. Contact
BRIXEN LLC
info@brixenx.com