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Caudalie USA, Inc. ("CAUDALIE") owns and operates the CAUDALIE-USA.com website ("Website"), which is made accessible to Internet users ("Users") via the Internet. The Website enables CAUDALIE to offer cosmetics and other products (hereinafter referred to as the "Products") for sale to Users who reside in the United States. For the purpose of these Terms and Conditions of Use and Purchase (hereinafter "Terms"), it is hereby agreed that any User and CAUDALIE shall be referred to collectively as the "Parties" and individually as the "Party" and that any User confirming any order shall thereafter be referred to as the "Purchaser." The Website is subject to U.S. law and all Users must be at least eighteen years of age.
Use of the Website
BY USING OR VISITING THIS WEBSITE, YOU, THE "USER" OR "PURCHASER," EXPRESSLY AGREE TO BE LEGALLY BOUND BY THE TERMS HEREIN AND ALL APPLICABLE LAWS AND REGULATIONS GOVERNING THE WEBSITE. These Terms determine the rights and obligations of the Parties arising from your use of the Website, including your online purchase of Products from the Website. CAUDALIE reserves the right to modify, change, or revise the Terms at its sole discretion, with or without notice, and your continued use of the Website following any such modification constitutes your express agreement to be bound by the revised Terms. Therefore, CAUDALIE recommends that you review these Terms from time to time. While CAUDALIE will make reasonable efforts to keep the content of the Website up to date and to provide Users with accurate information, CAUDALIE cannot guarantee the exactness or accuracy of the data included on the Website and thus CAUDALIE DISCLAIMS ALL RESPONSIBILITY FOR ANY INACCURACY OR OMISSION CONCERNING THE DATA AVAILABLE ON THE WEBSITE, AS WELL AS FOR ANY DAMAGES RESULTING FROM FRAUDULENT INTRUSION BY A THIRD PARTY LEADING TO A MODIFICATION OF SAID DATA.
Privacy Policy
In using this Website, Users may be asked to provide CAUDALIE with their personal information. To learn more about how CAUDALIE uses and protects your personal information, please see CAUDALIE's Privacy Policy.
Terms of Purchase
1. Use of Products. Purchaser agrees that the Products purchased at this Website are intended solely for the Purchaser's personal use and that such Products shall not be resold to third parties without authorization of CAUDALIE or repackaged, modified, or tampered with in any way or for any reason. CAUDALIE reserves the right, with or without notice, to cancel or modify your order to be filled if we believe that such may result in a violation of these Terms.
2. Prices. All Product prices as well as shipping and handling and any other charges identified on the Website are subject to change without prior notice. The prices of Products identified on the Website reflect prices of available Products upon the date of purchase. The prices for the Products are shown in US Dollars but do not include local and state sales tax, which may be added as required for compliance with the laws of your state. CAUDALIE reserves the right to modify its prices at any time but the Products will be invoiced on the basis of the prices in effect at the time the order is submitted. Caudalie-USA.com has a $20.00 order minimum.
3. Placing Website Order. If the User wishes to place an order, he or she shall select a Product by clicking on the "Add to Order" button on the Product page. The User may view a summary of the Products selected or may modify his/her order by clicking on "View Order," a link to which is located on the top right-hand corner of the Product page. To complete the order and provide payment information, the User should click on the "Checkout" link. The User/Purchaser may place an order by creating an account with CAUDALIE and using it for subsequent purchases, or alternatively, may place an order without such account. To create an account, the Purchaser will be asked to create a login name and password. Even if the Purchaser chooses not to create an account, the Purchaser will be asked to provide Purchaser contact information as well as billing and shipping address.
Once the Purchaser's order has been completed and the shipping and billing information entered, the Purchaser will choose the desired method of payment for the goods. The Purchaser will click on "Confirm" to pay for the order and will be immediately re-directed to the secure payment server.
Once the Purchaser submits payment and such has been confirmed, the order cannot be cancelled. An electronic receipt summarizing the order will be sent to the e-mail address provided by Purchaser. Caudalie-USA.com has a $20.00 order minimum.
4. Delivery. CAUDALIE shall make best efforts to fill the Purchaser's order within 1 business day following the online submission of its order. The Products shall be shipped to the address provided by Purchaser, with delivery subject to the shipping method selected by Purchaser for its order. CAUDALIE is not responsible for and disclaims any and all responsibility for events beyond its control including, without limitation, acts of God, transportation, mechanical or other system failures or interruptions, weather conditions, strikes or other business interruptions, or acts of public authorities, including customs and health officials that prevent or delay shipment. CAUDALIE further declines all responsibility for and liability in the event a loss of or damage to the ordered Products or a significantly delayed delivery due to the fault of the carrier.
On receipt of the Products, the Purchaser must report any discrepancy relating to delivery (missing or broken items, damaged parcel, etc.) using the delivery slip issued by the carrier, and Purchaser must also inform the Customer Service Department at CAUDALIE within one (1) business day of the receipt of such Products by either of the following contact methods: by email to customer_service@caudalie-usa.com or by telephone to 1-866-826-1615. No claim made after this period will be accepted and CAUDALIE shall not be held liable in respect thereof.
5. Returns policy. The Purchaser shall have a period of thirty (30) days from the date of delivery of the Products within which to return such Product(s), at his or her own cost. Purchaser must contact Caudalie Customer Service by email to customer_service@caudalie-usa.com or by telephone to 1-866-826-1615 to request a return authorization. The Product(s) must be returned in their original containers and packaging and accompanied by the detachable slip from the bottom of the invoice or delivery note, to the following address: Caudalie USA, Inc. Attn Returns Department 300 Kennedy Drive, Sayreville, NJ 08872. Upon compliance with this Returns Policy, CAUDALIE will refund, within a period of thirty (30) days, the Purchaser for the sum corresponding to the Products purchased.
Intellectual property rights covering the Website
This Website and domain name as well as the proprietary information and material found on the Website, including without limitation the CAUDALIE marks (registered and common law), logos, photographs, trade dress, images, illustrations, texts, video clips, and the like (collectively, the "CAUDALIE Intellectual Property") are the exclusive property of CAUDALIE or a CAUDALIE affiliate. Any and all CAUDALIE Intellectual Property used, posted, displayed, or distributed by the CAUDALIE on this Website may not be copied, reproduced, distributed, modified, transformed, altered, republished, posted, displayed, transmitted or sold, in whole or part, in any form or medium, including on this Website, without the CAUDALIE's prior written consent.
Hypertext links installed on the Website
Hypertext links may be installed on the Website and may take Users to the Internet sites of various partners of CAUDALIE and third parties. CAUDALIE has no responsibility for the content, advertising, products or services available on these websites or for the use made thereof by the User, and CAUDALIE disclaims any and all liability for a User's access and use of such websites. Visits to these websites by the User are his/her own responsibility and are made at the User's sole discretion and risk.
Warranties and Limitations on Liability
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN, THE CONTENTS OF THIS WEBSITE AS WELL AS THE PRODUCTS PURCHASED AND SERVICES PROVIDED THROUGH THIS WEBSITE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THE WARRANTY OF NONINFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, CAUDALIE MAKES NO WARRANTY THAT (i) THIS WEBSITE OR THE PRODUCTS, SERVICES, OR CONTENT PROVIDED OR MADE AVAILABLE THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS; (ii) THE USE OF THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE OR THE PRODUCTS, SERVICES, OR CONTENT PROVIDED OR MADE AVAILABLE THROUGH THE WEBSITE WILL BE SUITABLE, SUCCESSFUL, USEFUL, EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF THE PRODUCTS, SERVICES, OR CONTENT PROVIDED THROUGH THIS WEBSITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE COMPUTER APPLICATION USED IN NAVIGATING THIS WEBSITE WILL BE CORRECTED.
AT TIMES, THIS WEBSITE MAY HAVE TECHNICAL PROBLEMS, INACCURACIES, OR TYPOGRAPHICAL ERRORS. CAUDALIE MAY MAKE CHANGES TO THE CONTENT, PRODUCTS, AND SERVICES AVAILABLE AT THIS WEBSITE, INCLUDING PRICES AND DESCRIPTIONS OF ANY PRODUCT AT ANY TIME WITHOUT PRIOR NOTICE. CAUDALIE ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER HARMFUL COMPONENTS, DISRUPTION IN SERVICE, SYSTEM FAILURE OR ANY OTHER MALFUNCTION THAT MAKES THE WEBSITE UNAVAILABLE, AND CAUDALIE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER HARM THAT RESULTS FROM ANY USE OF THE WEBSITE.
UNDER NO CIRCUMSTANCES SHALL CAUDALIE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM A USER'S USE OF THIS WEBSITE OR PRODUCTS PURCHASED THEREFROM. TO THE EXTENT THAT SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY.
Indemnification
Each User agrees to defend, indemnify, and hold CAUDALIE harmless from and against any and all harm, claims, damages, costs and expenses (including reasonable attorneys' fees) arising from or related to the User's use or misuse of the Website or Products.
Section Headings
The section headings in these Terms are used for reference purposes only and shall not affect the interpretation or meaning of these Terms and shall not be construed as a part of this agreement between the Parties.
Entire Agreement
These Terms, including any and all subsequent modifications and changes by CAUDALIE, constitute the entire understanding and agreement between the you as User and CAUDALIE pertaining to the Website and the Products made available to you through the Website and supersedes all previous communications, representations and agreements, whether oral or written, relating to said Website and Products.
Waiver
Neither the failure of a Party to enforce at any time any of the provisions of these Terms nor the granting of any time or other indulgence shall be construed as a waiver of that provision or of the right of that party thereafter to enforce that or any other provision.
Severability
If any portion of any provision of these Terms is deemed unlawful, void or unenforceable for any reason, then that portion shall be deemed severable from these Terms and shall not affect the validity and enforceability of the remaining portion of the provision or any other provisions, and these Terms shall be automatically amended in order to effect, to the maximum extent permitted by law, the original intent of such provision.
Jurisdiction
These Terms shall be construed according to the laws of the United States and the State of California, Florida, Illinois, Maryland, Massachusetts, Nevada, New Jersey, New York, Texas, Washington, with venue and jurisdiction residing in state and federal courts in Dallas County, Texas.
No Agency
No agency, employment, partnership, or joint venture relationship is created between the Parties under these Terms. CAUDALIE and User are not affiliates of one another and no representations will be made by either Party that would create an apparent agency, employment, partnership or joint venture relationship. The only relationship between the CAUDALIE and User is that of independent contractors.
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