LEGAL NOTICE
Thank you for visiting our Site which is owned and operated by Sisley Cosmetics USA Inc. (the “Company”, “we”, “us” or “our”). Please read these terms of use (“Terms of Use”) carefully before using the services of this site (the “Site”). You can also view our Privacy Policy. Our Privacy Policy explains what information we collect, how we gather and use the information, our policies for protecting and disclosing information, and the options you have regarding your. THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THIS SITE AND THE RELATED SERVICES, FEATURES, CONTENT, APPS OR ANY PURCHASES YOU MAKE VIA THE SITE. IF YOU DO NOT AGREE WITH THESE TERMS AND OUR PRIVACY POLICY, PLEASE DO NOT USE THIS SITE, ORDER ANY PRODUCTS FROM THIS SITE, OR PROVIDE US WITH YOUR PERSONAL INFORMATION.
These Terms will supersede any and all other terms and conditions contained in or referred to in order(s), correspondence, or elsewhere, We reserve the right to amend these Terms of Use at our sole discretion. Any amendments to these Terms will become effective immediately upon posting and apply made thereafter. It is your responsibility to check these Terms of Use for changes prior to use of the Site, and in any event your continued use of the Site following the posting of changes to these Terms of Use constitutes your acceptance of any changes.
YOUR ACCOUNT
All billing and other information provided by you on this Site must be truthful and accurate. You agree to keep such information current. Providing any untruthful or inaccurate information constitutes a breach of these Terms of Use. We may terminate your access to the Site if you provide us with false or misleading information. When you set up an account, you are required to provide your name and email address and select a password, which you may not transfer or share with any third parties. You are solely responsible for maintaining the confidentiality of your password, e-mail and any other account identifiers, and you are solely responsible for all use of your password and account, whether authorized by you or not. If you choose to make any of your personally identifiable information publicly available on the Site, you do so at your own risk. Please read our Privacy Policy for information about how we collect, use and share your personal information. By confirming your purchase at the end of the checkout process, you agree to pay for the item(s) requested. Unauthorized reproduction, copying, re transmission or exploitation of the Site, including but not limited to all content and products, is hereby expressly prohibited.
SITE TRANSACTIONS
All purchases through the Site are subject to our Purchase Policy, which is incorporated into and forms part of these Terms of Use. We do not authorize the purchase of our merchandise for resale purposes. We reserve the right to limit or prohibit orders that, in our sole discretion, appear to be placed by dealers, resellers or distributors. To enforce this policy, we may, in our sole discretion, limit or cancel quantities purchase per person, per household or per order. These restrictions may include, for example, orders placed by or under the same customer account, and/or the same credit card, and/or the same IP address with different credit cards and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was placed.
INFORMATION ACCURACY
We will use reasonable efforts to include accurate and current information on the Site, but there may be occasions when information on the Site contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability and other matters. We make no warranties or representations regarding the accuracy of such information and will not be bound thereby. We reserve the right to correct any errors and, to update Site information at any time (including after you have submitted your order). If a product’s correct price is higher than the price stated on the Site, we reserve the right to cancel your order. We apologize for any inconvenience this may cause.
CHANGES TO THESE TERMS
From time to time, the Company may revise the Terms of Use to reflect changes in the law or technology, or changes in our practices regarding information collection and use. You can determine when these Terms of Use were last revised by referring to the “Last Updated” legend at the top of this page. Any changes to these Terms of Use will become effective upon posting of the revised Terms of Use on the Internet, accessible through the Site. By continuing to use the Site following such changes, you will be deemed to have agreed to such changes. If you do not agree with the Terms of Use, as it may be amended from time to time, please do not continue using the Site. To the extent that an arbitrator or court of applicable jurisdiction determines that applying any changes to these Terms of Use would render this an illusory or unenforceable contract, such changes shall be applicable on a prospective basis only, with respect to events or circumstances occurring after the date of such changes, to the extent necessary to avoid these Terms of Use being deemed illusory or unenforceable.
DISCLAIMER OF WARRANTY
TO THE EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT FOR THE REPLACEMENT OF OR REFUND OF THE PURCHASE PRICE FOR DAMAGED PRODUCT, WE DO NOT MAKE, AND YOU DO NOT RECEIVE, ANY WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND WE MAKE NO WARRANTIES WITH RESPECT TO THE SITE, INCLUDING, RELIABILITY, SECURITY, LACK OF VIRUSES, BUGS OR ERRORS, OR HIDDEN DEFECTS. YOUR USE OF THE SITE IS AT YOUR OWN RISK.
LIMITATION OF LIABILITY
Some jurisdictions do not allow the limitation of liability in certain circumstances, and so a portion or all of the following limitations may not apply to you; however, the Company’s liability shall be limited to the maximum extent permitted by applicable laws in such jurisdictions.
In no event will WE be liable to YOU or any OTHER party for any direct, indirect, incidental, special, consequential or punitive damages relating to the use of the Company’s products, the Site or any other hyperlinked websites, including, without limitation, lost profits or revenues, costs of replacement, business interruptions, and loss of data or damages. In the event of any problem with the Site or any content therein, you agree that your sole remedy is to cease using the Site. In no event will the OUR aggregate liability to you in connection with YOUR ACCESS TO OR USE OF the Site or PURCHASE OR USE of the products exceed the amount (if any) paid by you to OUR in the six months immediately preceding the event which gave rise to the liability.
WE DO NOT CONTROL any third-party websites linked to or from the Site. Accordingly, the Company makes no warranties regarding such third-party web sites and will not be liable for any loss or damage caused by your use or reliance on such websites. Your use of third-party web sites is at your own risk. The inclusion on the Site of a link to a third-party web site does not imply an endorsement OR AFFILIATION WITH US . When you access any of these third-party web sites, your rights and obligations will be governed by the agreements and policies relating to the use of those web sites, INCLUDING THE PRIVACY POLICIES OF SUCH WEB SITES.
INTELLECTUAL PROPERTY RIGHTS
The Company and its affiliated companies retain all rights regarding their trademarks, trade names, brand names and trade dress. These marks, names, trade dress, and all associated logos or images, are registered and/or common law trademarks of the Company or its affiliated companies and may not be used without the prior written consent of the Company in each instance.
The Site and all of its materials and content, including its software, source code, HTML code, scripts, web apps, text, artwork, photographs, images, design, video, and audio (collectively, “Materials”) are protected by Canadian and US copyright laws and other Canadian and international laws and treaties. All Materials are provided by the Company as a service to its current and prospective customers and may be used only for personal information and product ordering purposes. No right, title or interest in our Materials is conveyed to you. Any unauthorized copying, alteration, distribution, transmission or display or other use of these Materials is prohibited.
Your misuse of the trademarks and copyrighted materials displayed on our Site is strictly prohibited. You are advised that the Company will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.
MISCELLANEOUS NOTE
No failure or delay by the Company in exercising any right under the Terms of Use will operate as a waiver thereof or preclude any future exercise of such right.
If one of the provisions of the Terms of Use is declared invalid in whole or in part, the other provisions and other rights and obligations arising from the Terms of Use shall be unchanged and shall remain applicable.
When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail and/or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You agree that regardless of any statute or law which establishes a different statute of limitations, to the maximum extent permitted under applicable law, any claim or cause of action (including any arbitration) arising out of, related to or connected with the use of the Site or the Terms of Use, our Purchase Policy or our Privacy Policy, or any purchase or use of Company products must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The provisions of the Terms of Use, the Purchase Policy, the Privacy Policy and those posted elsewhere on the Site constitute the entire agreement between you and the Company related to the use of the Site and supersedes any prior agreements or understandings not incorporated in the Terms of Use.
You agree that a printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial, administrative or arbitration proceedings based upon or relating to any purchase or use of Company products to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The Company will not be responsible for failure to fulfill any obligation due to causes beyond its control.
The parties have expressly requested that these Terms of Use and all ancillary documents be drafted in English. Les parties aux présentes ont expressément requis que la présente entente et tous les documents y afférents soient rédigés en langue anglaise
APPLICABLE LAW / ATTRIBUTION OF JURISDICTION
Applicable Law & Attribution of Jurisdiction
Except where prohibited by applicable law, these Terms of Use are governed by and construed in accordance with the laws of the Province of Ontario, Canada, without reference to conflict of laws principles, and the laws of Canada applicable therein. Except where prohibited by applicable law, any disputes in relation to these Terms of Use or the use of the Site or products shall be brought to the courts of competent jurisdiction of the City of Toronto, Ontario, Canada.