TERMS AND CONDITIONS
Welcome to the Saint Germain Cosmetics Paris Website ("Website").
Please read these Terms and Conditions carefully before using this Website. These Terms and Conditions apply to the Website operated by Saint Germain Cosmetics Paris, LLC, a California limited liability company (“we”, “us”, “our” or “saintgermainmakeup.com”) and your use as a customer, subscriber or visitor to the Website (“Customer”, “user”, “you” or “your”). Your use of the Website is your acceptance and acknowledgement of understanding of each of these terms and conditions. These terms and conditions are the agreement between us and you (the “Agreement’). IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS PLEASE DO NOT USE THIS SITE AND PLEASE DO NOT MAKE A PURCHASE.
RIGHT TO CHANGE SITE
We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue all or any portion of the Website or any service, content, feature or product or service offered through the website, with or without notice; charge fees in connection with the use of the Website; modify and/or waive any fees charged in connection with the Website; and/or offer opportunities to some or all users of the Website. Fom time to time, we may change the terms that govern your use of our Website. We may change, move or delete portions of, or may add to or enhance our Website. Your use of the Website following any such change constitutes your agreement to follow, comply and be bound by the terms as changed. You agree to hold us and our branding partners harmless from liability to you or to any third party for any modification, suspension or discontinuance of the Website, or any service, content, feature or product offered through the Website.
PURCHASE AND SHIPPING TERMS
Purchase and Shipping Terms referred to elsewhere on the Website are hereby incorporated into these Terms and Conditions.
PROPRIETARY RIGHTS IN WEBSITE
Unless otherwise indicated under “Intellectual Property”, Saint Germain Cosmetics Paris, LLC or is a licensee of all copyrighted material, trademarks and proprietary rights in the Website. Unless you are given written permission by an authorized representative, you may not copy, reproduce, modify, publish, perform, transmit, distribute, display or sell or re-sell any such proprietary information. We retain such proprietary rights except where content is in the public domain. Any infringement of proprietary rights or violation of these provisions will result in appropriate legal action, including injunctive relief.
CHILDREN UNDER 13 YEARS OF AGE
Children under thirteen (13) years of age are prohibited from providing personal information to us. If you are under thirteen (13) you may browse our Website, but you cannot register or make a purchase. We do not knowingly collect personal information from Website visitors under the age of thirteen (13). Any violation of this prohibition may result in legal action.
CORRECTION OF ERRORS, INACCURACIES OR OMMISSIONS
From time to time there may be information on our Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders related to inaccurate information on the Website. Such corrections may occur any time without prior notice (including after you have submitted your order).
DISCLAIMER REGARDING COLORS
We have made every effort to display as accurately as possible the colors of our products that appear on the Website. However, we cannot guarantee that your monitor's display of any color will be accurate.
You are responsible to ensuring that you do not expose yourself to any potentially dangerous chemicals or ingredients in our products. For each product ordered from Saint Germain Cosmetics Paris, LLC, be sure to check the list of ingredients shown on the Website. You hereby agree to hold harmless Saint Germain Cosmetics Paris, LLC, its managers, officers, members, employees and agents, and its and their advertising and Co-Branded Companies from any claims related to allergic reactions from our products.
LIMITATION ON LIABILITY
THE WEBSITE IS PROVIDED “AS-IS”, “AS AVAILABLE” AND SAINT GERMAIN COSMETICS PARIS, LLC EXPRESSLY DISCLAIMS ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SAINT GERMAIN COSMETICS PARIS, LLC CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE OR ITS PRODUCTS. EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL SAINT GERMAIN COSMETICS PARIS, LLC BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS ARISING FROM OUR USE OF THE WEBSITE, EVEN IF SAINT GERMAIN COSMETICS PARIS, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SAINT GERMAIN COSMETICS PARIS, LLC’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF FORM OF THE ACTION, SHALL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SAINT GERMAIN COSMETICS PARIS, LLC FOR THE PRODUCTS PURCHASED FROM US. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE OF WEBSITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR WEBSITE, AND THAT SAINT GERMAIN COSMETICS PARIS, LLC SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS WEBSITE.
YOUR INDEMNIFICATION OF US
You agree to defend, indemnify and hold harmless Saint Germain Cosmetics Paris, LLC, its managers, officers, members, employees and agents and its and their advertising and branding partners, from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Website and/or your breach of any representation, warranty, or other provision of the Agreement.
YOUR RELEASE OF US
You hereby release Saint Germain Cosmetics Paris, LLC, its managers, officers, members, employees and agents, and its and their advertising and Co-Branded Companies (together, “Saint Germain Group”) from any and all claims, demands damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes you may have with Saint Germain Group. If you are a California resident, you hereby waive California Civil Code Section 1542 which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” In no event shall Saint Germain Group be liable for any damages whatsoever, whether direct or indirect, general, special, compensatory, punitive, consequential, and/or incidental, arising out of or relating to your conduct or anyone else’s conduct in connection with the use of the Website, including without limitation, death, bodily injury, emotional distress, loss of reputation and/or any other damages resulting from use of the Website.
DISPUTE RESOLUTION: ARBITRATION
Any and all disputes or controversies of any kind which cannot be resolved informally, shall be determined by binding arbitration in Los Angeles County, California under the commercial rules of the American Arbitration Association before a single retired judge assigned by such entity. The final award in any such arbitration proceeding shall be subject to entry as a judgment by any court of competent jurisdiction, provided that such judgment does not conflict with this Agreement. Each party shall bear its or their own costs in connection with such arbitration.
CALIFORNIA LAW GOVERNS
These terms and conditions shall be construed, interpreted and enforced in accordance with the laws of the State of California without reference to its conflict of laws rules.
If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
This Agreement constitutes the entire agreement between you and us. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement.
Saint Germain Cosmetics Paris, LLC may terminate this Agreement at any time and in its sole discretion and may do so immediately without notice, and accordingly deny you access to the Website. Upon any termination of this Agreement, you must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.
Even after this Agreement is terminated, certain provisions will remain in effect, including the Sections titled: “Proprietary Rights in Website”, “Disclaimer Regarding Colors”, “Allergy Disclaimer”, “Correction of Error, Inaccuracies or Omissions”, “Limitation on Liability”, “California Law Governs”, “Dispute Resolution: Arbitration”, “Severability”, “Entire Agreement”, “Your Release of Us” and “Your Indemnification of Us”.