TERMS AND CONDITIONS
By browsing the Website, or placing an order for Products, You agree to these Terms and Conditions, as may be updated from time to time. You should check this page regularly to take notice of any changes we may have made to these Terms and Conditions. For the avoidance of doubt:(a) all use of the Website is governed by the terms and conditions set out in Section 2; AND
(b) the purchase of Lisieux
Nail Polish is additionally governed by the Terms and Conditions of Purchase of
Products set out in Section 3 below.
1. DEFINITIONS
In these Terms and
Conditions:
"Products"
means the products listed for sale by Lisieux Nail Polish from time to time
on http://www.lisieuxnailpolish.com
"We",
"Our" or "Us" means Lisieux Nail Polish 3243 Fox Road
Syracuse, NY 13215 USA.
"Website" means www.lisieuxnailpolish.com and all sub-domains of www.lisieuxnailpolish.com
"You" or
"Your" means the person who accepts these Terms and Conditions by
using this Website and associated software, networks and processes, including
for the purchase of Lisieux Nail Polish Products through the Website.
2. USE
OF THIS WEBSITE
2.1 ACCESS
Access to this Website
is permitted on a temporary basis, and We reserve the right to withdraw or
amend the Website, Products or Services, without notice. We will not be liable
if for any reason this Website is unavailable at any time or for any period. From
time to time, we may restrict access to some parts or all of this Website.
2.2. PROPER
USE
You must not misuse
this Website. You will not commit or encourage a criminal offence, transmit or
distribute a virus, trojan, worm, logic bomb or post any other material which
is malicious, technologically harmful, in breach of confidence or in any way
offensive or obscene; hack into any aspect of the Service. You will not corrupt
data, cause annoyance to other users, infringe upon the rights of any other
person's proprietary rights, send any unsolicited advertising or promotional
material, commonly referred to as "spam" or attempt to affect the
performance or functionality of any computer facilities of or accessed through
this Website. We will report any such breach to the relevant law enforcement
authorities and disclose your identity to them.
2.3 EXTERNAL LINKS
This Website contains
links to other websites, which are not operated by Us (the "Linked
Sites"). We have no control over the Linked Sites and accepts no
responsibility for them or for any loss or damage that may arise from your use
of them. Your use of the Linked Sites will be subject to the terms of use and
service contained within each such site.
2.4 LINKING TO THIS WEBSITE
You may link to our
home page, provided You do so in a way that is fair and legal and does not
damage Our reputation or take advantage of it, but You must not establish a
link in such a way as to suggest any form of association, approval or
endorsement on our part where none exists.
You must not establish
a link from any Website that is not owned by You.
This Website must not
be framed on any other site, nor may You create a link to any part of this
Website other than the home page. We reserve the right to withdraw linking
permission without notice.
2.5 PRIVACY POLICY
Our privacy policy,
which sets out how We will use your personal information, can be found below. By
using this Website, You consent to the collection, use and disclosure of Your
personal information as described in our Privacy Policy, and warrant that all
data provided by You is accurate.
a. CONSENT
your name, address, email address and telephone details;
credit card and bank account details;
We may collect personal information from you in a number of
ways, including:
when you send us an e-mail, “contact us” message or make
any other form of written inquiry; via mobile sites, applications, widgets and
other mobile interactive features (collectively “Apps”), for example, when you
provide feedback via a QR Code App; via our official social media pages that we
control, such as the official pages for our various businesses on Facebook,
Twitter and Instagram; when you visit or call one of our venues to ask about
our services; when you sign up to use our services, whether online or in
person;when you enter a
promotion, competition, provide feedback or participate in a survey, market
research or other promotional activities which we (or one of our agents)
conduct; when you sign up to receive our newsletters or marketing material; if
your photograph is taken at one of our venues.
We may also collect personal information from third
parties, for example: your friends via a refer a friend promotion; someone duly
authorized to act on your behalf; debit and payment service providers who
process transactions on behalf of our various businesses; our official pages on
social media platforms and from people with whom you are friends or otherwise
connected on social media platforms.
As we cannot distinguish the age of people accessing our
websites, our Privacy Policy applies to all individuals. If a person under
sixteen years of age has provided us with personal information without parental
or guardian consent, those details may be removed by emailing us at
info@lisieuxnailpolish.com
Your personal information may be used by us in a number of
ways, including: for the purpose requested; to respond to your query or
feedback; to use or purchase one of our products or services; to process your
order; to process and consider your application for employment; to assist with
our internal business processes; to administer contests, promotions and
surveys; for any other purposes that you would reasonably expect; and to enable
us to comply with our obligations under the law.
our professional advisers, such as lawyers and accountants;
law enforcement bodies; any other person for any other purposes that would be
reasonably expected (including if required by law).
When and if third parties perform services on our behalf,
we take reasonable steps to ensure the third party will protect your personal
information in accordance with privacy laws and in a manner consistent with
this Privacy Policy. Third parties are required to restrict their use of the
personal information to the purpose for which it was provided.
We do not sell your name or other personal information to
third parties.
While we strive to protect your personal information, we
cannot guarantee or warrant its complete security. No data transmission over
the Internet can be guaranteed to be 100% secure. If you have an online account
with our business, your account will be able to be accessed by anyone who knows
your login details. You should keep your login details, and any other
information you use to remember these details, private and secure.
h. CHANGES TO PRIVATE POLICY
From time to time we may need to change this Privacy Policy
to reflect our changing business practices and/or changes in the law. We may
therefore change this Privacy Policy at any time by posting the amended Privacy
Policy on our websites or other social media platforms. All personal
information collected and held by us will be governed by our most recent
Privacy Policy as posted on our websites or other social media platforms.
Our website(s) may contain links to other Internet websites. These links are provided solely for your convenience. If you submit personal information to or via any linked site, the privacy policy applying to that information will be outside our control. You should therefore check the privacy policy of the linked site before submitting information to or via that site.
2.6 INTELLECTUAL PROPERTY,
SOFTWARE AND CONTENT
The intellectual
property rights in all software and content made available to You on or through
this Website remains the property of Us or its licensors and are protected by
copyright laws and treaties around the world. All such rights are reserved by
Us and our licensors. You may store, print and display the content supplied
solely for Your own personal use. You are not permitted to publish, manipulate,
distribute or otherwise reproduce, in any format, any of the content or copies
of the content supplied to You or which appears on this Website nor may You use
any such content in connection with any business or commercial enterprise.
You shall not modify,
translate, reverse engineer, decompile, disassemble or create derivative works
based on any software or accompanying documentation supplied by Us or our
licensors.
2.7 REGISTRATION
Where You register for any area of this Website, the following terms and conditions apply. You must provide Us with true and accurate registration information. You must keep any user name and password allocated to You confidential, and We are entitled to assume that anyone using that user name and password is You. We will primarily communicate with You via e-mail. It is Your responsibility to ensure the correct contact details are entered and that Your nominated e-mail address is regularly checked for correspondence.
We reserve the right
to close an account if You are seen to be using proxy IPs (Internet Protocol
addresses) in order to attempt to hide the use of multiple accounts or disrupt
any of our services in any way.
If You use multiple
accounts for the purpose of disrupting Our Website or Blog You may have action
taken against all of Your accounts.
If You sign into any
area of this Website or any other service that uses a single-sign on on a
public computer (e.g. at a university, public library etc,) and You do not sign
out, someone else who uses that computer after You may be able to access Your
account. We therefore advise You to ensure You log out of all services when You
have finished using a public computer.
Where You access the
Website using a mobile device (e.g. a phone or tablet) through a web browser,
depending on Your settings You may stay signed on from that device. This means
that someone else with access to Your device may be able to access Your
account. You should protect the device with a password, and if Your device is
lost or stolen, use remote wipe facilities (if available) to clear all personal
information on Your device, and change the password for Your account.
2.8 LIABILITY FOR USE
We will not be liable
for any loss or damage caused by a distributed denial-of-service attack,
viruses or other technologically harmful material that may infect Your computer
equipment, computer programs, data or other proprietary material due to Your
use of this Website or to Your downloading of any material posted on it, or on
any website linked to it.
You agree to
indemnify, defend and hold harmless Lisieux Nail Polish, its directors,
officers, employees, consultants, agents, and affiliates, from any and all
third party claims, liability, damages and/or costs (including, but not limited
to, legal fees) arising from Your use of this Website or Your breach of these
Terms of Service.
2.10 VARIATION
We shall have the
right at Our absolute discretion at any time and without notice to amend,
remove or vary the Products and/or any page of this Website.
2.11 SEVERABILITY
If any part of these
Terms and Conditions is unenforceable (including any provision in which we
exclude our liability to You) the enforceability of any other part of the Terms
and Conditions will not be affected all other clauses remaining in full force and
effect. So far as possible where any clause/sub-clause or part of a
clause/sub-clause can be severed to render the remaining part valid, the clause
shall be interpreted accordingly. Alternatively, You agree that the clause
shall be rectified and interpreted in such a way that closely resembles the
original meaning of the clause/sub-clause as is permitted by law.
2.12 WAIVER
If You breach these
Terms and Conditions and we take no action, we will still be entitled to use
Our rights and remedies in any other situation where You breach these
conditions. Any waiver of any provision of the Terms and Conditions will be
effective only if in writing and signed by one of Our Directors.
2.13 GOVERNING LAW AND JURISDICTION
These Terms and
Conditions are to be construed in accordance with the laws of New York State
and in the event of any dispute or claim associated with these terms and
conditions, that dispute or claim shall be subject to the non-exclusive
jurisdiction of the New York State.
2.14 ENTIRE AGREEMENT
These Terms and
Conditions constitute the entire agreement of the parties and supersede any and
all preceding and contemporaneous agreements between You and Us.
3. TERMS AND CONDITIONS OF
PURCHASE OF PRODUCTS
By placing an order
for Products on Our Website You are offering to purchase the Products on and
subject to the terms and conditions in this Section 3.
3.1 SPECIFICATIONS
All volumes,
dimensions, ingredients and specifications of Products described or depicted on
the Website are approximate and are subject to change from time to time without
notice. For the avoidance of doubt, we will not materially change the features
and specifications of a Product once an Order has been accepted by Us.
3.2 CONTRACT FORMATION
When You place an
order, You will receive an acknowledgement e-mail confirming receipt of Your
order. This email will only be an acknowledgement and will not constitute
acceptance of Your order. A contract between Us for the purchase of the
Products will not be formed until Your payment has been approved and Your
credit or debit card has been debited for the full purchase amount.
3.3 PRICING AND AVAILABILITY
Whilst We try and
ensure that all details, descriptions and prices which appear on this Website
are accurate, very rarely an error may occur. If We discover an error in the
price of any Products which You have ordered we will inform You of this as soon
as possible and give You the option of reconfirming Your order at the correct
price or cancelling it. If We are unable to contact You we will treat the order
as cancelled. If You cancel and You have already paid for the Products, You
will receive a full refund.
Where applicable,
prices are inclusive of GST.
All prices listed on
the Website exclude Delivery Costs. Delivery Costs are shown separately during
checkout and included in the 'Order Total’.
3.4 PAYMENT
Upon receiving Your
order We carry out a standard pre-authorization check on Your payment card to
ensure there are sufficient funds to fulfil the transaction. Products will not
be dispatched until this pre-authorization check has been completed. Your card
will be debited once the order has been accepted.
When placing an order,
You undertake that all details You provide to us are true and accurate, that
You are an authorized user of the credit or debit card used to place Your order
and that there are sufficient funds to cover the cost of the Products.
We do not accept any responsibility
for Orders that are declined, delayed or not accepted due to disruptions with
internet connections
3.5 DELIVERY
Delivery is charged at
a flat rate per bottle of $2.75 for standard shipping within the continental US. Delivery
time frames are in accordance with the US Postal service for domestic
deliveries.
Dispatch times may
vary according to availability and any representations made as to indicative
delivery times are limited to the continental US and subject to any delays
resulting from postal delays or force majeure for which we will not be
responsible. We do not accept any liability for loss or damage suffered by
anyone as a result of any such delays.
Where You have
provided an incorrect or incomplete delivery address for Your Order, We may
charge a redelivery fee for each subsequent delivery attempt.
3.6 DISCOUNT CODES
We may from time to
time offer discount codes which may apply in respect of any, or certain
specified, purchases of Products made though this Website by all or certain
classes of purchasers.
Unless expressly
stated otherwise in writing, only one discount code can be applied per order. A
discount code cannot be applied after an order for Products has been placed.
Delivery costs will be
charged in addition and are not subject to the application of the discount
code. Such additional charges are clearly displayed where applicable and
included in the 'Order Total’.
Any further conditions
of use relating to any discount code will be specified at the time of issue.
3.7 RETURNS AND EXCHANGES
3.7.1 FAULTY PRODUCTS
You may be entitled to
have the Products repaired or replaced if the Products are damaged or fail to
be of acceptable quality.
If You think that there
is a fault with the Products You have received, please let us know right away
by contacting our Customer Care Team at info@lisieuxnailpolish.com. Please include as many details as possible
about the order and the problem with the Products.
In all other
circumstances other than those imposed under Consumer Law, Lisieux Nail Polish
is not obliged to refund You for unwanted or unused Products.
3.7.2 RETURNING FAULTY PRODUCTS
This section applies
to the return of any faulty Products.
You are responsible
for the costs of returning Products to us. Any Products returned are Your
responsibility until they reach our warehouse. Please ensure You package Your
return to prevent any damage to the Products or packaging. We are not
responsible for any Products that are returned to us in error.
We recommend You use a
postal service that insures You for the value of the Products You are
returning. Please send Your returned Products to:
LISIEUX NAIL POLISH
3243 FOX ROAD
SYRACUSE, NY 13215
3.8 DISCLAIMER OF LIABILITY
All express or implied
guarantees, warranties, representations, or other terms and conditions relating
to these Terms and Conditions of Purchase of Products or their subject matter,
not contained in these Terms and Conditions of Purchase of Products, are
excluded from these Terms and Conditions of Purchase of Products to the maximum
extent permitted by law.
Nothing in these Terms
and Conditions of Purchase of Products excludes, restricts or modifies any
right or remedy, or any guarantee, warranty or other term or condition, implied
or imposed by any legislation which cannot lawfully be excluded or limited.
You may be entitled to
a replacement or refund for a major failure and compensation for any other
reasonably foreseeable loss or damage. You also may be entitled to have the
Products repaired or replaced if the Products fail to be of acceptable quality
and the failure does not amount to a major failure.
Our liability for
breach of the Non-Excludable Provision in the case of Products, is limited to
one of the following at our sole discretion:
(a) the replacement of
the Products;
(b) the supply of
equivalent Products;
(c) the repair of the
Products;
(d) the payment of the
cost of replacing the Products or of acquiring equivalent Products, or
(e) the payment of the
cost of having the Products repaired.
Subject to Our
obligations under the Non-Excludable Provisions and to the maximum extent
permitted by law, We are not liable for, and no measure of damages will, under
any circumstances, include:
(a) special, indirect,
consequential, incidental or punitive damages; or
(b) damages for loss of profits, revenue, goodwill, anticipated savings or loss or corruption of data, whether in contract, tort (including negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.