PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND THOROUGHLY BEFORE USING OR ENTERING THIS WEBSITE. THESE TERMS AND CONDITIONS APPLY TO ALL VISITORS AS WELL AS USERS OF THE MISSHA WEBSITE. YOUR USE OF THIS WEBSITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEBSITE.
Copyright: The design of this website (the “Website”) and all text, graphics, information, content, and other material displayed on or that can be downloaded from this Website are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with prior written permission of the owner of such materials.
MISSHA US, Inc. ("MISSHA" or "we") and its affiliated companies retain all rights regarding their trademarks, trade names, brand names and trade dress. These marks, names or trade dress, and all associated logos or images, are registered and/or common law trademarks of MISSHA and its affiliates, and are protected by U.S. and international laws and treaties. License of use of such marks, names or trade dress has not and will not be granted to you under these terms and conditions or by your use of the MisshaUS.com website. Your misuse of the trademarks displayed on the MISSHAUS.com website is strictly prohibited. You are also advised that MISSHA will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.
Registration and Security
Modification of the Website and the Services
We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Website, including, but not limited to, content, features, or hours of availability. We may also impose limits on certain features of the Website or restrict your access to part or the entire Website without notice or penalty. We may suspend or terminate your account or your use of the Website at any time, for any reason, or for no reason at all.
User Comments, Feedback and Other Submissions
We neither solicit, nor do we wish to receive any confidential, secret or proprietary information or other material from you either through the Website, any of its services, by e-mail, or in any other way. Unless otherwise expressly agreed in writing prior to your submission to us, any comments, feedback, information or other material submitted or sent to us will be deemed not to be confidential or secret. By submitting or sending comments, feedback, information or other materials to us you represent and warrant that the information and material is original to you and that no other party has any rights to the information or material. All comments, feedback, information or other materials submitted shall be and remain property of MISSHA and we shall have the unrestricted, worldwide right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material and information (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also warrant that any "moral rights" in posted information and materials have been waived.
MisshaUS.com may keep in contact with members by mailing (regular mail service) materials related to its announcements or advertisements to the addresses found in emails or registration contents.
We try to display the colors of our products as accurately as possible. Nevertheless, the colors shown through your monitor will vary by customer and hardware, and we cannot guarantee that your monitor's display of any color will be accurate.
We may provide links to other websites from time to time. These links are provided for your convenience. We do not endorse or take responsibility for the content of those websites, are not responsible for the availability of them, and will not be liable in any way for any loss or damage which you may suffer by using those websites. If you decide to access linked websites, you do so at your own risk.
You are responsible for any payments due for any products or services ordered through your account. If we do not receive payment from your credit issuer or its agents, you agree to pay all amounts due to us. You shall also be responsible for any costs of collection for overdue payments. For your own security and protection, MisshaUS.com will pre-authorize the full amount of your purchase to verify your billing address and credit card information. This pre-authorization will drop from your account at the time of order. Please note that if the pre-authorization fails, we will not proceed with authorization, and the full amount of your purchase will be returned to your account within 3-4 business days depending on your financial institution. MisshaUS.com will collect payment or charge your account only for the products sold and shipped from our warehouses. In the unlikely event we determine the item is sold out after you place your order, we will send an email to you explaining that the item is sold out. Other items in your order will ship. Billing occurs at the time of placing the order, but you will see the credit for the voided items within 3-4 business days depending on your financial institution.
PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES LISTED ON THE WEBSITE ARE SUBJECT TO CHANGE WITHOUT NOTICE. The listing, description of, or reference to, a product or service on the Website does not imply that the product or service is presently available or that we endorse that product or service. In the event a product or service is listed at an incorrect price due to a typographical error, error in pricing information received from a supplier, or any other reason, we shall have and reserve the right to refuse or cancel any order placed for such product or service at the incorrect price, even if the order has been confirmed and/or your credit card has been charged. If your credit card has already been charged for the purchase and your order is cancelled, we shall promptly issue a credit to your credit card account in the amount of the incorrect price. Risk of loss and title shall transfer from Seller to Buyer at the point when Seller delivers the goods to a common carrier of its choice.
For returns regarding allergies, we will need to have photo proof of allergy for refund and for shade returns, we will offer reward points instead of a refund. Please make sure to include your order number and the name of the item you are returning in the email. Please note that the customers are responsible for any shipping/handling fees associated with the return of your merchandise. We accept exchange requests ONLY if the product originally delivered to you is defective. For all returns/exchanges, simply pack up the item(s) you'd like to return/exchange and follow the "Packaging & Shipping Your Return" instructions below:
Packaging & Shipping Your Return
Please include the order number. Provide the reason for your return and then insert your return slip inside the box. If you have lost your invoice, please include the following information with your return:
- a) Date of purchase;
- b) Order number;
- c) Reason for return;
- d) Description of item you are returning;
- e) Original price paid, and;
- f) Method of Payment (along with purchasing Credit Card Type, Cardholder Name & Credit Card Number for Refund).
If the return is authorized, the returned products must be unopened or unused (unless otherwise agreed upon). It is your responsibility to ensure the item is returned to our company. Upon receiving the item, if the item or items are not in the condition agreed upon between the customer service representative and you, you will be notified, and the return/exchange will be resolved according to the condition of the item.
Membership and Rewards Program
- Membership & Eligibility
The MISSHA Rewards Program ("Program") is a free rewards program offered by Able C&C US, Inc. ("MISSHA") to its customers located in the U.S. Membership in the Program ("Membership") is limited to individuals only and is limited to one account per individual. You must be age 13 years or older and a legal resident of the United States to be eligible for Membership. Eligible minors must obtain their parent's or legal guardian's consent prior to participation.
BY APPLYING FOR MEMBERSHIP IN THE PROGRAM, YOU AGREE (OR, IF YOU ARE A MINOR, YOUR PARENT OR LEGAL GUARDIAN AGREES) TO BE BOUND BY THESE TERMS AND CONDITIONS ("TERMS"). NO PURCHASE IS NECESSARY TO BECOME A MISSHA MEMBER.
- Membership Tiers; Earning and Redeeming Rewards Points
Membership Tiers Generally
There are three tiers of membership in the Program: MISSHA Plus, MISSHA Prestige and MISSHA Premiere. Achieving Prestige or Premiere status requires meeting a minimum spending threshold each year, as explained below. All membership tiers enjoy a variety of benefits made available by MISSHA in its sole discretion from time to time (“Benefits”). Benefits may vary by tier and some tiers may have more Benefits than others. The type, timing and availability of any Benefits (including Rewards, as defined below, special offers, one-of-a kind experiences, exclusive events, and/or advance access to products) will be determined by MISSHA in its sole discretion.
MISSHA may, in its sole discretion, alter, limit, or modify the tier rules, regulations, benefits, eligibility for membership, or any other feature of a particular tier or may terminate a particular tier at any time in its sole discretion, without prior notice except as expressly set out in these Terms or required by applicable law.
All members are automatically Plus members upon enrollment. Subject to removal from the Program (as explained in Section 3 below), a member will remain a Plus member indefinitely unless the minimum annual spending required to achieve Prestige or Premiere status is met. Members will be enrolled in the highest tier available based upon their spending in the prior calendar year.
Prestige status is granted to members who spend a minimum of $100 on merchandise during one calendar year (January 1 - December 31). Prestige status is available for the calendar year in which the member qualifies and the following full calendar year; after that, annual requalification is required. If a member does not requalify for Prestige status and/or Premiere status, the member will revert to Plus status.
Premiere status is granted to members who spend a minimum of $250 on merchandise during one calendar year (January 1- December 31). Premiere status is available for the calendar year in which the member qualifies and the following full calendar year; after that, annual requalification is required. If a member does not requalify for Premiere status and/or Prestige status, the member will revert to Plus status.
Membership Tier Status*
Following your initial tier placement, member tier status is based solely on total spending on eligible purchases (which exclude purchases using rewards points) during the preceding calendar year, between January 1 and December 31. Following the conclusion of a qualifying calendar year, Member tier status benefits are valid for the next calendar year after qualification. Annual tier assignments occur in January of each year. Members can be upgraded during the benefit year if their qualifying spending exceeds their tier threshold. Members should allow 30 days for purchases to process before being upgraded into another tier of membership. If a member does not continue to qualify for Prestige or Premiere status, the member will revert to Plus member status. To maintain your current status or upgrade to the next tier, you must spend the relevant minimum tier threshold by December 31 of the current year. On January 1 of each year all membership account spending for purposes of members tier status resets to $0.
* All members of MISSHA, including new members, are automatically placed into the highest membership tier, Premiere, in 2021 and will maintain this status for the entire year. Members’ tier status for 2022 will be assigned on January 1 based on the purchase amount from 2021.
- MISSHA Points*
Under the Program, each tier of membership will have MISSHA reward points credited to their account for every U.S. dollar spent (a “MISSHA Point”). Plus members of MISSHA earn 5 points for every $1 spent, Prestige members and Premiere members each earn 7.5 points and 10 points, respectively, for every $1 spent. Members can redeem your Rewards Points at checkout to redeem discounts. Every 1 point can be redeemed for 1 cent. MISSHA Points will not be earned on any orders paid with MISSHA Points.
Any reference to "merchandise" or the value of merchandise in these Terms for purposes of collecting MISSHA Points includes all MISSHA products sold online at MisshaUS.com. It does not include payment for taxes and shipping fees.
As part of the Benefits of being a member, your MISSHA Points may be redeemed for rewards made available by MISSHA from time to time in its sole discretion (“Rewards”). You are eligible to redeem MISSHA Points for a Reward if you have enough MISSHA Points in your account. The retail value of the Reward does not count toward MISSHA's free shipping thresholds. Rewards can only be redeemed online, and only if shipped to an address in the U.S.
MISSHA Points themselves have discount value if you have enough MISSHA Points (every 1 point -> 1 cent). MISSHA may, in its sole discretion, allow MISSHA Points to be redeemed for other benefits or items of merchandise from time to time.
* Redemption policy subject to change in 2022
MISSHA Point Expiration
It's our hope that you redeem your MISSHA Points on a regular basis. All unredeemed MISSHA Points will expire when a program member has not engaged in MISSHA Point activity associated with that membership account (through purchase or redemption) for 12 months. If you have questions regarding the date of your last MISSHA Point activity or your last purchase, please consult your account page. If you feel your MISSHA Points have expired in error, please email Customer Service at email@example.com for assistance.
Additionally, MISSHA Points will automatically expire if your Membership is revoked or otherwise cancelled for the reasons further set forth in Section 3.
- Changes, Termination and/or Removal from Program
MISSHA may, in its sole discretion, alter, limit, or modify the Program rules, regulations, benefits, Rewards, eligibility for Membership, or any other feature of the Program (including assigning any of its obligations to customers under the Program at any time to another person or entity, without recourse) or may terminate the Program at any time at its sole discretion, by posting any such changes on the MISSHA US website.
YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING SUCH CHANGES CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES AND ANY NEW TERMS.
MISSHA reserves the right to exclude individuals from the Program or remove MISSHA Points from a member's account in its sole but reasonable discretion. In particular, any abuse, manipulation or "gaming" of the Program or its rules (as determined by MISSHA), failure to follow any terms of the Program, Membership inactivity for more than 12 months, any misrepresentation or conduct detrimental to the interests of MISSHA not otherwise protected by law may subject members to Membership revocation or deduction of MISSHA Points obtained through these abusive or manipulative activities and will affect eligibility for further participation in the Program. Membership is non-transferable and Membership purchases must be made by the member. If your Membership is revoked or otherwise cancelled, any MISSHA Points in your account will automatically expire. MISSHA reserves the right to make changes to its Website and these Terms at any time. It is your responsibility to check or review these Terms from time to time to keep informed of any changes. By joining the Program, you hereby agree to be bound by any such changed Terms.
Disclaimers and Limitations of Liability
The Website is provided on an "AS IS" basis. Neither MisshaUS.com, nor its affiliates, subsidiaries, or designees, nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively "Associates") check or is responsible for contents of the Website uploaded by users and communication contents among users and warrant the use of the Website will be uninterrupted or error-free. Under no circumstances shall MisshaUS.com or its Associates be liable for any direct, indirect, incidental, special or consequential damages that result from contents of the Website, public communication among users and the use of or inability to use the Website, including but not limited to, reliance by a user on any information obtained through the Website, or that result from mistakes, omissions, interruptions, deletion of files or emails, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, system failure, theft, destruction or unauthorized access to MisshaUS.com's records, programs, or services. MisshaUS.com reserves the right to prevent or delete the contents of public communication or uploaded files, images, graphics, or words that are determined by MisshaUS.com to be: (a) abusive, defamatory, or malicious; (b) private-invasive, fraudulent, deceptive, or untruthful; (c) infringement of copyright or trade/service mark, or violation of property; (d) aggressive, sexual, or any other conditions deemed to be inappropriate for the Website by MisshaUS.com.
Amendment of the Terms
Any dispute relating in any way to your visit to the Website or to products you purchase through the Website shall be submitted to arbitration or courts deemed appropriate in the United States of America or South Korea, except that, to the extent you have in some manner violated or threatened to violate MisshaUS.com's intellectual property rights, Terms and Conditions, you consent to waive all your legal rights.