Corporate Information

Employment

About Bobbi Brown

Bobbi Brown joined The Estée Lauder Companies’ family of brands in 1995. The brand is sold in select retailers in more than 50 countries and territories. An exclusive beauty line developed by celebrated makeup artist Bobbi Brown, the brand focuses on individual beauty, teaching women to be their own makeup artists, and personalized service. The line includes color cosmetics, skin care, professional makeup brushes and tools, accessories and fragrance.

At Bobbi Brown there are several different types of job opportunities available. More information about the job opportunities is below. We are an equal opportunity employer.

Retail Sales

Whether you work as one of our Business Managers, Counter Managers, or Make-Up Artist, servicing your client with extraordinary artistry skills and keen product knowledge is critical to your success.

Make-Up Artist

Being a Makeup Artist with Bobbi Brown is more about helping a woman discover her own beauty while teaching her how to best enhance it—naturally. Our brand is simple, clean and modern and our artistry techniques exemplify this feeling. You'll receive the training in both artistry and product that will take you on a career path that leads to a promising future.

While Bobbi Brown offers extensive on-the-job training, some prior experience in make-up artistry and sales is required.

Beauty Team

The Bobbi Brown Beauty Team is comprised of individuals whose knowledge and expertise best exemplify Bobbi Brown’s philosophy and make-up artistry techniques. These positions are usually selected from make-up artists already working with and trained by the brand.

Business Manager and Counter Manager

These positions are responsible for managing the overall performance of a Bobbi Brown counter including staffing and sales.

Account Coordinator

The Account Coordinator covers a territory and services all of the Bobbi Brown locations within that territory. The primary focus of the Account Coordinator is working closely with our Counter Staff, ensuring Counters are kept to the brand’s standards, educating the make-up artists about new products and techniques, executing events and helping drive sales. If you have at least 2-3 years experience in sales, you may qualify for this role.

Applying for Retail Sales Positions

When applying for a Retail Sales position, please reference in the subject line of the email the title of the position for which you are applying and geographic location. If your qualifications and experience indicate you may be a top candidate for the position, you will be contacted by a member of Human Resources.

Field Sales Management

Several types of field sales management positions are available at Bobbi Brown. A few of the Field Sales Management positions are highlighted below.

Account Executive

The Account Executive is responsible for multiple stores within a territory, working with retail partners to manage sales goals and objectives and ensuring the counter staff best represents Bobbi Brown. If you have at least 3–5 years retail management experience, you may qualify for this opportunity.

Regional Sales Director

The Regional Sales Director is responsible for managing a region to ensure that sales and profit objectives are achieved. The Regional Sales Director supervises the Account Executives within a specified territory. If you have at least 5–7 years of related experience, you may qualify for this opportunity.

Education Executive

The Education Executive educates counter staff on product knowledge and skills which are necessary to achieve Bobbi Brown standards and sales goals. If you have 3–5 years of retail management and/or sales and product training experience, you may qualify for this opportunity.

Field Executive Director

The Field Executive Director is responsible for managing a group of regions to ensure that sales and profit objectives are achieved. The Field Executive Director supervises the Regional Sales Directors and the Education Executives within a specified territory and works with senior sales management to develop retail strategy. If you have 8–10 years of related sales and management experience, you may qualify for this opportunity.

Applying for Field Sales Management Positions

When applying for a Field Sales Management position, please reference in the subject line of the email the title of the position for which you are applying and geographic location. If your qualifications and experience indicate you may be a top candidate for the position, you will be contacted by a member of Human Resources.

Corporate Positions

Bobbi Brown has corporate positions of all types including marketing, product research and development, supply chain, finance, human resources and information technology.

To apply for Corporate Positions at Bobbi Brown, click here.

Store & Event Locator

Click here to find a store near you.

Distribution

All inquiries of this nature must be in writing on your company letterhead.

Estee Lauder Companies.
4 Kyalami Boulevard
Kyalami
Johannesburg
South Africa

Please do not telephone. We cannot respond to these inquiries over the phone.

Privacy Policy

Effective Date: April 4, 2014

Bobbi Brown and Estée Lauder Companies South Africa (Proprietary) Limited (“we, us, or our”) respect your concerns about privacy and value the relationship we have with you. This Privacy Policy describes the types of personal information we collect about our customers, how we use the information, with whom we share it, and the choices available to our customers regarding our use of the information. We also describe the measures we take to protect the security of the information and how our customers can contact us about our privacy practices.

Click on one of the links below to jump to the listed section:

  1. Information We Collect
  2. Information You Provide
  3. How We Use the Information
  4. Information We Collect by Automated Means
  5. Technologies We Use
  6. Cookies, Web Server Logs and Web Beacons
  7. Third Party Web Analytics Services
  8. How We Use the Information Collected by Automated Means
  9. Information We Share
  10. Your Rights And Choices
  11. Data Transfers
  12. How We Protect Personal Information
  13. Links To Other Websites
  14. Updates To Our Privacy Policy
  15. How To Contact Us

1. Information We Collect

We may obtain personal information about you from various sources. We may collect this information when you provide it at one of our counters, stores, on our site, our social media platforms, or at one of our events. When you visit this site, we also collect certain information by automated means, using technologies such as cookies, web server logs and web beacons.

2. Information You Provide

You may choose to provide personal information to us in a number of ways, such as when you participate in an offer or promotion, or when you make a purchase on our site, at our counters or in our stores. The types of personal information you may provide to us includes:

  • Contact information (such as name, postal address, email address, and mobile or other phone number)
  • Age and date of birth
  • Gender
  • Username and password
  • Payment information (such as your payment card number, expiration date, delivery address, and billing address)
  • Your skincare concerns
  • Contact information for friends or other people you would like us to contact
  • Content you provide (such as photographs, videos, reviews, articles and comments)

3. How We Use The Information

We may use the information you provide to:

  • Send you promotional materials or other communications
  • Provide services to you
  • Process your payment and/or gift card transactions
  • Create and manage your online account
  • Respond to your inquiries
  • Communicate with you about, and administer your participation in, special events, contests, sweepstakes, programs, surveys and other offers
  • Operate, evaluate and improve our business (including developing new products and services; enhancing and improving our services; managing our communications; analyzing our products; performing data analytics; and performing accounting, auditing and other internal functions).
  • Comply with applicable legal requirements, relevant industry standards and our policies
  • We also may use the information in other ways for which we provide specific notice at the time of collection.

4. Information We Collect by Automated Means

When you visit this site, we collect certain information by automated means, using technologies such as cookies, web server logs and web beacons.

5. Technologies We Use

HOW WE PROTECT & STORE PERSONAL INFORMATION

We store and process the personal information of our Users and Visitors on our server, located in South Africa, and we protect it by maintaining physical, electronic and procedural safeguards in compliance with applicable Payment Card Industry Data Security Standards (PCI DSS). We use computer safeguards such as firewalls and data encryption, we enforce physical access controls to our buildings and files, and we authorize access to personal information only for those employees who require it to fulfil their job responsibilities.

You should not divulge your account password to anyone. Bobbi Brown South Africa, Estée Lauder Companies South Africa or PayU will never ask you for your password in an unsolicited telephone call or e-mail. YOU ARE RESPONSIBLE FOR MAINTAINING THE SECRECY OF YOUR UNIQUE PASSWORD AND ACCOUNT INFORMATION AT ALL TIMES.

Estée Lauder Companies South Africa is committed to protecting the data of its users in accordance with The Protection of Personal Information Act (POPI) of 27th November 2013. The Protection of Personal Information Act (POPI) provides for the rights of persons regarding unsolicited electronic communications and automated decision making; to regulate the flow of personal information across the borders of the Republic of South Africa.

For more information on The Protection of Personal Information Act (POPI), please visit:

http://www.justice.gov.za/legislation/acts/2013-004.pdf

Additionally, Estée Lauder Companies South Africa is committed to ongoing compliance with The Promotion of Access to Information Act, 2000 (PAIA).

For more information on The Promotion of Access to Information Act, 2000 (PAIA) please visit:

http://www.justice.gov.za/paia/paia-faq.htm

6. Cookies, Web Server Logs and Web Beacons

Cookies are small text files that websites send to your computer or other Internet-connected device to uniquely identify your browser or to store information or settings in your browser. Your browser may tell you how to be notified when you receive certain types of cookies and how to restrict or disable certain cookies. Please note, however, that without cookies you may not be able to use all of the features of our website.

In conjunction with obtaining information through cookies, our web servers may log details such as your operating system type, browser type, domain, and other system settings, as well as the language your system uses and the country and time zone in which your device is located. The web server logs also may record information such as the address of the web page that linked you to our site and the IP address of the device you use to connect to the Internet.

To control which web servers collect this information, we may place tags on our web pages called “web beacons.” These are computer instructions that link web pages to particular web servers and their cookies.

7. Third Party Web Analytics Services

We may use third party web analytics services on this site, such as those of Adobe Omniture, Coremetrics and Google Analytics. The service providers that administer these services use technologies such as cookies, web server logs and web beacons to help us analyze how visitors use the site.

The information collected through these means (including IP address) is disclosed to these service providers, who use the information to evaluate use of the website.

You may deactivate the ability of Adobe Omniture or Coremetrics to analyze your browsing activities on this site.

To disable the Google Analytics cookie, some browsers indicate when a cookie is being sent and allow you to decline cookies on a case-by-case basis.

8. How We Use the Information Collected by Automated Means

We may use the information collected through automated means on this site to deliver personalized content, for market research, data analytics and system administration purposes, such as to determine whether you’ve visited us before or are new to the site, and for compliance with our legal obligations, policies and procedures, including compliance with relevant industry standards and the enforcement of our Terms and Conditions. We also may use the information in other ways for which specific notice is provided at the time of collection.

9. Information We Share

We do not sell or otherwise disclose personal information we collect about you, except as described here. We may share your personal information with:

  • Our affiliates for the purposes described in this Privacy Policy.
  • Service providers who perform services on our behalf based on our instructions.
    1. We do not authorize these service providers to use or disclose the information except as necessary to perform services on our behalf or comply with legal requirements. Examples of these service providers include entities that process credit card payments, fulfill orders, and provide web hosting and marketing services.
  • Other third parties with your consent.

In addition, we may disclose information about you (i) if we are required to do so by law or legal process, (ii) to law enforcement authorities or other government officials, or (iii) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss, or in connection with an investigation of suspected or actual fraudulent or illegal activity.

We also reserve the right to transfer personal information we have about you in the event we sell or transfer all or a portion of our business or assets. Should such a sale or transfer occur, we will use reasonable efforts to direct the transferee to use personal information you have provided to us in a manner that is consistent with our Privacy Policy. Following such a sale or transfer, you may contact the entity to which we transferred your personal information with any inquiries concerning the processing of that information.

10. Your Rights and Choices

We offer you certain choices in connection with the personal information we collect from you, such as how we use the information and how we communicate with you. To update your preferences, ask us to remove your information from our mailing lists or submit a request, please contact us as specified below.

Email Opt-Out

You can at any time tell us not to send you marketing communications by email by clicking on the unsubscribe link within the marketing emails you receive from us or by contacting us as indicated below. You also may opt out of receiving marketing emails from Bobbi Brown South Africa by emailing customerservice@za.bobbibrown.com requesting to opt-out.s.

Postal Mail Opt-Out

You can ask Bobbi Brown South Africa to stop sending you marketing communications by postal mail by following the instructions that may be included in a particular promotion. You also can request that we refrain from sending you promotional postal mail by contacting us as indicated below.

Text Message Opt-Out

You can ask us to stop sending text messages to a particular phone by using that phone to text the word STOP - the service provider handling our Text Message marketing communications will in turn notify us of your choice for update, and you will be opted-out from further communications in our database. You also can request that we refrain from sending you text messages by contacting us as indicated below.

Withdrawing Consent

You may withdraw any consent you previously provided to us, or object at any time on legitimate grounds, to the processing of your personal information. We will apply your preferences going forward within a reasonable amount of time. In some circumstances, withdrawing your consent to our use or disclosure of your personal information will mean that you cannot take advantage of some of our products or services.

Reviewing, Updating and Modifying Personal Information

Subject to applicable law, you may have the right to request access to and receive details about the personal information we maintain about you, update and correct inaccuracies in your personal data, and have the information blocked or deleted, as appropriate. The right to access personal information may be limited in some circumstances by local law requirements. You may request to review, change or delete your personal information by sending an email to customerservice@za.bobbibrown.com.

11. Data Transfers

We may transfer the personal information we collect about you to countries other than the country in which the information was originally collected. Those countries may not have the same data protection laws as the country in which you initially provided the information. When we transfer your information to other countries, we will protect that information as described in this Privacy Policy.

12. How We Protect Personal Information

We maintain appropriate administrative, technical and physical safeguards designed to protect the personal information you provide against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use.

13. Links To Other Websites

Our website may provide links to other websites for your convenience and information. These websites may operate independently from us. Linked sites may have their own privacy notices or policies, which we strongly suggest you review if you visit any linked websites. To the extent any linked websites you visit are not owned or controlled by us, we are not responsible for the sites’ content, any use of the sites, or the privacy practices of the sites.

14. Updates To Our Privacy Policy

This Privacy Policy may be updated periodically and without prior notice to you to reflect changes in our personal information practices. We will post a prominent notice on our website to notify you of any significant changes to our Privacy Policy and indicate at the top of the Policy when it was most recently updated.

15. How To Contact Us

If you have any questions or comments about this Privacy Policy, or if you would like us to update information we have about you or your preferences, please contact us by email at customerservice@za.bobbibrown.com

You also may write to: Bobbi Brown Online C/S Department; PO Box 786132; Sandton 2146

Terms & Conditions

Welcome to the Bobbi Brown South Africa Online web site (the “we” or “us” or “our” or “Bobbi Brown South Africa Site”, or the Site").

Bobbi Brown Online ("Bobbi Brown Online") provides the content and services available on the Site to you subject to the following terms and conditions, our Privacy Policy and other terms and conditions and policies which you may find throughout our Site in connection with certain functionality, features or promotions as well as customer service, all of which are deemed a part of and included within these terms and conditions (collectively, "Terms and Conditions"). By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions.

  1. 1. Privacy

    Please review our Privacy Policy so that you may understand our privacy practices.

  2. 2. Products and Services for Personal Use

    The products and services available on this Site, and any samples thereof that we may provide to you are for personal use only. You may not sell or resell any of the products, or samples thereof, or services which you receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any products or services to be provided to you that we believe, in our sole discretion, may result in the violation of these Terms.

  3. 3. Purchase Related Policies and Procedures

    To view policies and procedures related to orders placed through this Site (such as order processing, shipping and handling, returns and exchanges), click here.

  4. 4. Accuracy of Information

    We attempt to be as accurate as possible when describing our products on this Site; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colours, information or other content available on this Site are accurate, complete, reliable, current, or error-free.

  5. 5. Intellectual Property

    All information and content available on this Site and its "look and feel", including but not limited to trademarks, logos, service marks, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the "Content") is the property of Bobbi Brown South Africa Online, our affiliates, partners or licensors, and is protected by South African and international laws, including laws governing copyrights and trademarks.

    Except as set forth in the limited licenses in Section 6 below, or as required under applicable law, neither the Content nor any portion of this Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent. When you upload your data to the Site, you give us a worldwide license to use, host and store your data in accordance with our Privacy Policy. “Data” means any data that you provide to us, including transactional information and personal information.

  6. 6. Limited Licenses

    We grant you a limited, revocable, non-transferrable and non-exclusive license to access and make personal use of this Site. We may cancel your licence at any time for any reason. Your licence is automatically cancelled if you do not get our written permission before using this website in a way these Terms do not allow. This limited license does not include the right to: (a) frame or utilize framing techniques to enclose this Site or any portion thereof; (b) republish, redistribute, transmit, sell, license or download this Site or any and/or all Content (except caching or as necessary to view this Site); (c) make any use of this Site or any and/or all Content other than personal use; (d) modify, reverse engineer or create any derivative works based upon either this Site or any and/or all Content; (e) collect account information for the benefit of yourself or another party; (f) use any meta tags or any other "hidden text" utilizing any and/or all Content; or (g) use any technology (software robots, spiders, crawlers, or similar data gathering and extraction tools) to search or gain any information from this Site, or take any other action that may impose an unreasonable burden or load on our infrastructure. You must retain, without modification, all proprietary notices on this Site or affixed to or contained in this Site. We also grant you a limited, revocable, and nonexclusive license to create a hyperlink to the home page of this Site for personal, non-commercial use only. Any website that links to this Site (i) may link to, but not replicate, any and/or all of our Content; (ii) may not imply that we are endorsing such website or its services or products or that you have any rights in our website or intellectual property; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive controversial or illegal or inappropriate for any ages; (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and (vi) may not link to any page of this Site other than the home page (deep link). We may, in our sole discretion, request that you remove any link to this Site, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by us to resume such linking.

    Any unauthorized use by you of this Site or any and/or all of our Content or infringement of another person’s rights (including copyright), automatically terminates the limited licenses set forth in this Section 6. We may also block you from using the Site, claim specific performance or damages against you and take any other steps the law allows without affecting our rights in terms of applicable law or these Terms.

  7. 7. Your Obligations and Responsibilities

    In the access or use of this Site, you shall comply with these Terms and the special warnings or instructions for access or use posted on this Site. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to this Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of this Site. Without limiting the generality of any other provision of these Terms, if you default negligently or wilfully in any of the obligations set forth in these Terms, you shall be liable for all the losses and damages that this may cause Bobbi Brown South Africa Online, our affiliates, partners or licensors.

  8. 8. Third Party Links

    We are not responsible for the content of any off-website pages or any other websites linked to or from this Site. Links appearing on this Site are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-website pages or any other websites linked to or from this Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit.

  9. 9. Special Features, Functionality and Events

    This Site may offer certain special features and functionality or events (such as contests, sweepstakes or other offerings) which may (a) be subject to terms of use, rules and/or policies in addition to or in lieu of these Terms; and (b) be offered by us or by third parties. If so, we will notify you of this and if you choose to take advantage of these offerings, you agree that your use of those offerings will be subject to such additional or separate terms of use, rules and/or policies.

  10. 10. Submissions

    It is our policy to decline unsolicited suggestions and ideas. Notwithstanding our policy with regard to unsolicited suggestions and ideas, any enquiries, feedback, suggestions, ideas or other information you provide us (collectively, "Submissions") will be treated as non-proprietary and non-confidential. Subject to the terms of our Privacy Policy, by transmitting or posting any Submission, you hereby grant us full ownership of the Submission. We reserve the right to copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell or assign the Submission in any way as we see fit, including but not limited to copying in whole or in part, creating derivative works from, distributing and displaying any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works, or using the Submission within or in connection with our products or services. You also acknowledge that your Submission will not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, without payment of money or any other form of consideration from us, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.

    If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission provided by you.

  11. 11. User Content

    When you transmit, upload, post, e-mail or otherwise make available data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials ("User Content") on this Site, you are entirely responsible for such User Content. Such User Content constitutes a Submission under Section 10 above. This means that all such third parties, and not us, are entirely responsible for all User Content that they post to this Site. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing or otherwise making available on this Site User Content that (a) is unlawful, harmful, threatening, abusive, harassing, delictual, defamatory, vulgar, obscene, pornographic, defamatory, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, inaccurate or misleading; (d) you were compensated for or granted any consideration by any third party; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. In addition, you agree not to transmit, upload, post, e-mail, or otherwise make available any software viruses, unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of "spam." You further agree not to (i) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; (ii) "stalk" or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way; (iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content; (iv) intentionally or unintentionally violate any applicable local, provincial, national or international law; or (v) collect or store personally identifiable data about other users

    We do not endorse or control the User Content transmitted or posted on this Site and therefore, we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using this Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available by any person or entity via this Site. You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content and we reserve the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms, we have the right to remove any User Content that violates these Terms or is otherwise objectionable and we reserve the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms or infringe the rights of others.

  12. 12. Copyright Complaints

    We respect the intellectual property of others. If you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please read the information listed below to find out how to notify us of a claimed infringement.

    Send an e-mail or written notice to our Designated Agent for notices of infringement setting out the following information: (i) identification of the copyrighted work(s) that you claim has been infringed and confirmation that you are the copyright owner or are authorized to act on the copyright owner's behalf; (ii) a description of the material that you claim is infringing and the location of that material on the Site; (iii) your postal address, telephone number and email address.

    Our Designated Agent for notice for claims of copyright infringement is Charles Webster, Spoor and Fisher, Building No.13, Highgrove Office Park, Oak Avenue, Centurion, Pretoria South Africa, Tel. 011-27-12-676-1111, Fax. 011-27-12-676-1100, c.webster@spoor.com

    NOTE: THE ABOVE CONTACT INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING BOBBI BROWN SOUTH AFRICA ONLINE THAT COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER UNRELATED ENQUIRIES WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS AND SHOULD BE DIRECTED TO OUR CUSTOMER SERVICE GROUP BY EMAIL TO customerservice@za.bobbibrown.com

  13. 13. Representations and Warranties; Limitation of Liability

    USE OF THE SITE IS AT YOUR SOLE RESPONSIBILITY AND RISK. THIS SITE IS PRESENTED ON AN "AS IS" AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, NO LATENT DEFECTS, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT AND TITLE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. DESPITE ANY WARRANTY WE MAY GIVE, WE WILL NOT BE LIABLE FOR ANY DEFECT ARISING FROM YOUR NEGLIGENCE, FAILURE TO FOLLOW INSTRUCTIONS (WHETHER ORAL OR IN WRITING) OR MISUSE.YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF THE FORM IN WHICH ANY LEGAL ACTION MAY BE BROUGHT (WHETHER IN CONTRACT, DELICT (INCLUDING NEGLIGENCE) OR OTHERWISE), OUR MAXIMUM AGGREGATE LIABILITY FOR DIRECT DAMANGES FOR ANYTHING GIVING RISE TO LEGAL ACTION WILL NOT EXCEED SEVEN HUNDRED AND FIFTY RAND. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL LOSS OR DAMAGE (WHETHER FORESEEABLE OR UNFORSEEABLE) OF ANY KIND WHATSEOVER AND HOWSOEVER CAUSED (INCLUDING (a) LOST PROFITS, (b) INTERRUPTION OF BUSINESS; (c) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THIS SITE; (d) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (e) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF THIRD PARTY LINKS; (f) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THIS SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES (g) ANY INACCURACIES OR OMISSIONS IN CONTENT OR (h) EVENTS BEYOND OUR REASONABLE CONTROL. YOU AGREE THAT NO CLAIMS OR ACTIONS ARISING OUT OF, OR RELATED TO, THE USE OF THIS SITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE.

  14. 14. Indemnification

    YOU AGREE TO DEFEND, INDEMNIFY AND HOLD US HARMLESS FOR ANY LOSS, DAMAGES OR COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY THIRD PARTY CLAIM, ACTION, OR DEMAND RESULTING FROM YOUR USE OF THIS SITE OR BREACH OF THESE TERMS. YOU ALSO AGREE TO INDEMNIFY US FOR ANY LOSSES, DAMAGES, OR COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM YOUR USE OF SOFTWARE ROBOTS, SPIDERS, CRAWLERS, OR SIMILAR DATA GATHERING AND EXTRACTION TOOLS, OR ANY OTHER ACTION YOU TAKE THAT IMPOSES AN UNREASONABLE BURDEN OR LOAD ON OUR INFRASTRUCTURE.

  15. 15. Disputes

    There will be a dispute about or from this agreement if a party writes to the other about it and asks for it to be resolved under this clause. The party who notifies the other about the dispute may elect to (a) institute legal proceedings in the High Court having jurisdiction and the other party consents to that jurisdiction; or (b) refer any dispute to be resolved by (i) negotiation (direct talks to try and agree how to end the dispute); failing which (ii) mediation (talks in which a neutral third party tries to help the parties agree how to end the dispute); failing which (iii) arbitration (a hearing after which a neutral third party makes a binding decision about the dispute).The election of the party instituting legal proceedings or referring the dispute to alternate dispute resolution will bind both parties. In the event that the other party wants to counterclaim or raise a further or other dispute, then that other party is bound to refer the counterclaim or other dispute to the same forum as that selected by the first party.

    Negotiation: Each party must make sure that their chosen representatives meet within 10 business days of notification, to negotiate and try to end the dispute by written agreement within 15 more business days.

    Mediation: If negotiation fails, the parties must refer the dispute to mediation under the Arbitration Foundation of Southern Africa’s (AFSA) rules.

    Arbitration: If mediation fails, the parties must refer the dispute within 15 business days to arbitration under AFSA’s latest rules for expedited arbitrations. The arbitration will be held in English in Johannesburg and the decision of the arbitrator will be final and binding on the parties. The parties will agree and appoint one arbitrator. If the parties cannot agree on the arbitrator within 10 business days after the referral, the Secretariat of AFSA will appoint the arbitrator. The parties may agree in writing to change the periods for negotiation or mediation. This clause will not stop a party from applying to court for urgent interim relief (temporary help) while the dispute resolution process is being finalised. An example might be an interdict (type of court order). This clause is separate and divisible from the rest of this agreement and remains effective even if this agreement ends or is invalid.

  16. 16. Notices and domicile

    Notices. You consent to receive any agreements, notices, disclosures and other communications (collectively, "Notices") to which these Terms refer from us electronically including without limitation by e-mail or by posting notices on this Site. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by emailing us at customerservice@za.bobbibrown.com and discontinue your use of this Site. In such event, all rights granted to you pursuant to these Terms, including but not limited to the limited licenses set forth Section 5 hereof, shall automatically terminate. Unfortunately, we cannot provide the benefits of this Site to any user who cannot consent to receipt of Notices electronically. Please note that this consent to receive Notices is entirely separate from any election you may make with respect to receipt of marketing communications. Your options with respect to receipt of marketing communications are set forth in our Privacy Policy.

  17. 17. General

    You acknowledge and agree that these Terms constitute the entire agreement between us concerning your use of this Site and in relation to the subject matter hereof, and supersede and govern all prior proposals, agreements, or other communications. We reserve the right, in our sole discretion, to change these Terms at any time and where this affects your rights and obligations we will notify you of any changes by placing a notice in a prominent place on the Site or by email. If you do not agree with the change you must stop using the Site. Your continued use of this Site thereafter constitutes your agreement to all such changed Terms and you will be deemed to have accepted such Terms. Bobbi Brown South Africa Online shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of these Terms.

    Any favour we may allow you will not affect or substitute any of our rights against you. Nothing contained in these Terms shall be construed as creating any agency, partnership, or other form of joint enterprise between yourself and Bobbi Brown South Africa Online. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole but these Terms shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision. If any term is void (invalid), unenforceable, or illegal, the term may be severed (removed) from and will not affect the rest of this agreement if it does not change its purpose. South African law governs these Terms.

    If you have any questions regarding these Terms, please email us at customerservice@za.bobbibrown.com

  18. 18. Company Information

    Bobbi Brown South Africa Online is operated by Estée Lauder Companies South Africa (Proprietary) Limited.

    Company Registration 1978/002327/07

    Postal Address PO Box 786132 Sandton 2146

    For receipt of legal service of documents: 4 Kyalami Boulevard, 1685 Kyalami, South Africa, FOR THE ATTENTION OF The Finance Director

    Copyright © Bobbi Brown Inc. All worldwide rights reserved.