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Terms & Conditions
Welcome to the Clarins (Clarins.com) web site (the "Site"). Clarins USA provides the services available on the Site to you subject to the following terms and conditions (the "Terms and Conditions"). By accessing and using the Site, you are acknowledging that you have read, understood, and accept, without limitation or qualification, to be bound by these Terms and Conditions.
1. Privacy.
Please review our Privacy Policy, which also governs your visit to the Site, so that you may understand our privacy practices.
2. Product Descriptions.
Clarins.com attempts to be as accurate as possible when describing products; however, Clarins.com does not warrant that product descriptions or other content available on the Site is accurate, complete, reliable, current, or error-free. If a product offered on the Site is not as described, your sole remedy is to return it in unused condition.
3. Intellectual Property.
All content and technology available on or underlying the Site, such as text, graphics, logos, button icons, images, audio clips, data compilations, and software (the "Content") is the property of Clarins.com, Clarins USA, Clarins SA of France and its technology and service providers ("Providers"), and is protected by United States and International copyright laws. The compilation of all content on this Site is the exclusive property of Clarins.com and protected by United States and international copyright laws. The trademarks, logos, and service marks displayed on the Site (collectively the "Trademarks") are the registered and unregistered marks of Clarins or certain third parties in the United States and other countries. All other trademarks not owned by Clarins that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Clarins.
Except as set forth in the limited license in Section 4 below, neither the Site, the Trademarks, nor any portion of the Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any purpose without the prior written consent of Clarins.com.
4. Limited License.
Clarins.com grants you a limited, revocable, and non-exclusive license to access and make personal use of the Site. Please note, however, that you may not frame or utilize framing techniques to enclose the Site or any portion thereof without Clarins’ prior written consent.
The limited license set forth in this Section 4 does not include the right to: (i) modify or download the Site or its contents (except caching); (ii) make any use of the Site or its Content other than personal use; (iii) create any derivative work based upon either the Site or its Content; (iv) collect account information for the benefit of another party; (v) use any meta tags or any other "hidden text" utilizing our name or the Trademarks without our express written consent; or (vi) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
Any unauthorized use by you of the Site terminates the limited license set forth in this Section 4.
5. Your Account.
If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are accessing and using the Site on someone else's behalf, you represent that you have the authority to bind that person as a principal to all terms and conditions provided herein, and you agree to accept liability for harm caused by that person's wrongful use of the Site. Clarins reserves the right to refuse service, terminate accounts, remove or edit content, or cancel your account or any orders placed from your account for any reason, in their sole discretion. Clarins reserves the right to refuse any returned orders for any reason, in their sole discretion.
6. Third Party Links.
Clarins USA is not responsible for the content of any off-Site pages or any other sites linked to the Site. Links appearing on the Site are not an endorsement by Clarins of the referenced content, product, service, or supplier. Your linking to or from any other off-Site pages or other sites is at your own risk. Clarins is not in any way responsible for examining or evaluating, the offerings of off-Site pages or any other sites linked to the Site, do not warrant such offerings of such pages or sites, or assume any responsibility or liability for the actions, products, or content of such pages and sites, including, without limitation, their privacy statements and conditions of use. You should carefully review the conditions of use of all off-Site pages and sites. Clarins.com shall not be responsible or liable for any loss or damages of any sort incurred as a result of dealings with or the presence of off-Site links on this Site, nor be responsible or liable for any computer viruses, system failure or malfunction which may occur during hyperlink to third party sites.
7. Unsolicited Idea Submission.
You acknowledge and agree that Clarins is free to use any unsolicited ideas, concepts or know-how submitted by you for any purpose whatsoever including, but not limited to developing, manufacturing, distributing and marketing products using such information, without compensation to you.
8. Children.
This Site is not intended for children under the age of 13.
9. Inventory Availability and Back Orders.
Inventory information is available for all products. This information can be used to estimate the likelihood that a product will be shipped immediately after you place your order. Unfortunately, we cannot guarantee that a product listed as "in stock" will actually ship right away, as inventory can change significantly from day to day. In rare cases, a product may be in stock when you place your order, and sold out by the time your order is processed. Should this happen, we will notify you via email.
On occasion, items will not be in stock despite availability in stores. In most cases, these items are on order from Clarins Paris; in some cases, we are researching or waiting for stock information. Clarins.com will make every effort to get the item(s) back in stock as soon as possible. If you place an order and we are unable to ship item(s) to you, we will cancel the item from your order, notify you immediately via email, and update the Site accordingly. Note: we will never charge your credit card until the item ships. Your credit card needs no adjustment upon order cancellation. If you would prefer a Clarins.com credit, please contact our Customer Service Department.
10. Representations and Warranties; Limitation of Liability.
THE SITE IS PRESENTED "AS IS." CLARINS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. YOU AGREE THAT CLARINS WILL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THIS SITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, OR (d) EVENTS BEYOND THEIR REASONABLE CONTROL.
FURTHER, CLARINS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF CLARINS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL CLARINS’ MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
11. Indemnification of Clarins.com.
You agree to defend, indemnify and hold harmless Clarins.com for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand related to your use of the Site.
12. Disputes.
With respect to any dispute over the Site, your rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of the United States of America and the State of New York, as if the Terms and Conditions were a contract wholly entered into and wholly performed within the State of New York. Any dispute relating in any way to your visit to Clarins.com or to products you purchase through Clarins.com shall be submitted to confidential arbitration in New York, except that, to the extent you have in any manner violated or threatened to violate Clarins’ intellectual property rights, Clarins may seek injunctive or other appropriate relief in any state or federal court in the state of New York, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
13. General.
You acknowledge and agree that these Terms and Conditions, together with our Privacy Policy constitute the complete and exclusive agreement between you and Clarins.com concerning your use of the Site, and supersedes and governs all prior proposals, agreements, or other communications.
Clarins.com reserves the right, in its sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. Your continued use of the Site constitutes your agreement to all such terms and conditions. Clarins.com may, with or without notice, terminate your rights granted by these Terms and Conditions. You shall comply immediately with any such notice.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between the you and Clarins.com. The failure of Clarins.com to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by Clarins.com 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 and Conditions shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. Clarins.com will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of Clarins.com as reflected in the original provision. If you have any questions regarding these Terms and Conditions, please contact Clarins Consumer Relations :
Clarins Consumer Relations
One Park Avenue 19th Floor
New York NY 10016
Email: consumerrelations@clarinsusa.com
Phone: 1-866-CLARINS (1-866-252-7467)
INFORMATION FOR CALIFORNIA RESIDENTS:
Under California Civil Code Section 1789.3, California residents entitled to the following specific consumer rights information:
Pricing Information. Current prices for the products available on the Site may be obtained by going to the corresponding pages for said products. Clarins reserves the right to revise prices at any time.
Complaints. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-888-550-4567.
Please review our Privacy Policy, which also governs your visit to the Site, so that you may understand our privacy practices.
2. Product Descriptions.
Clarins.com attempts to be as accurate as possible when describing products; however, Clarins.com does not warrant that product descriptions or other content available on the Site is accurate, complete, reliable, current, or error-free. If a product offered on the Site is not as described, your sole remedy is to return it in unused condition.
3. Intellectual Property.
All content and technology available on or underlying the Site, such as text, graphics, logos, button icons, images, audio clips, data compilations, and software (the "Content") is the property of Clarins.com, Clarins USA, Clarins SA of France and its technology and service providers ("Providers"), and is protected by United States and International copyright laws. The compilation of all content on this Site is the exclusive property of Clarins.com and protected by United States and international copyright laws. The trademarks, logos, and service marks displayed on the Site (collectively the "Trademarks") are the registered and unregistered marks of Clarins or certain third parties in the United States and other countries. All other trademarks not owned by Clarins that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Clarins.
Except as set forth in the limited license in Section 4 below, neither the Site, the Trademarks, nor any portion of the Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any purpose without the prior written consent of Clarins.com.
4. Limited License.
Clarins.com grants you a limited, revocable, and non-exclusive license to access and make personal use of the Site. Please note, however, that you may not frame or utilize framing techniques to enclose the Site or any portion thereof without Clarins’ prior written consent.
The limited license set forth in this Section 4 does not include the right to: (i) modify or download the Site or its contents (except caching); (ii) make any use of the Site or its Content other than personal use; (iii) create any derivative work based upon either the Site or its Content; (iv) collect account information for the benefit of another party; (v) use any meta tags or any other "hidden text" utilizing our name or the Trademarks without our express written consent; or (vi) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
Any unauthorized use by you of the Site terminates the limited license set forth in this Section 4.
5. Your Account.
If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are accessing and using the Site on someone else's behalf, you represent that you have the authority to bind that person as a principal to all terms and conditions provided herein, and you agree to accept liability for harm caused by that person's wrongful use of the Site. Clarins reserves the right to refuse service, terminate accounts, remove or edit content, or cancel your account or any orders placed from your account for any reason, in their sole discretion. Clarins reserves the right to refuse any returned orders for any reason, in their sole discretion.
6. Third Party Links.
Clarins USA is not responsible for the content of any off-Site pages or any other sites linked to the Site. Links appearing on the Site are not an endorsement by Clarins of the referenced content, product, service, or supplier. Your linking to or from any other off-Site pages or other sites is at your own risk. Clarins is not in any way responsible for examining or evaluating, the offerings of off-Site pages or any other sites linked to the Site, do not warrant such offerings of such pages or sites, or assume any responsibility or liability for the actions, products, or content of such pages and sites, including, without limitation, their privacy statements and conditions of use. You should carefully review the conditions of use of all off-Site pages and sites. Clarins.com shall not be responsible or liable for any loss or damages of any sort incurred as a result of dealings with or the presence of off-Site links on this Site, nor be responsible or liable for any computer viruses, system failure or malfunction which may occur during hyperlink to third party sites.
7. Unsolicited Idea Submission.
You acknowledge and agree that Clarins is free to use any unsolicited ideas, concepts or know-how submitted by you for any purpose whatsoever including, but not limited to developing, manufacturing, distributing and marketing products using such information, without compensation to you.
8. Children.
This Site is not intended for children under the age of 13.
9. Inventory Availability and Back Orders.
Inventory information is available for all products. This information can be used to estimate the likelihood that a product will be shipped immediately after you place your order. Unfortunately, we cannot guarantee that a product listed as "in stock" will actually ship right away, as inventory can change significantly from day to day. In rare cases, a product may be in stock when you place your order, and sold out by the time your order is processed. Should this happen, we will notify you via email.
On occasion, items will not be in stock despite availability in stores. In most cases, these items are on order from Clarins Paris; in some cases, we are researching or waiting for stock information. Clarins.com will make every effort to get the item(s) back in stock as soon as possible. If you place an order and we are unable to ship item(s) to you, we will cancel the item from your order, notify you immediately via email, and update the Site accordingly. Note: we will never charge your credit card until the item ships. Your credit card needs no adjustment upon order cancellation. If you would prefer a Clarins.com credit, please contact our Customer Service Department.
10. Representations and Warranties; Limitation of Liability.
THE SITE IS PRESENTED "AS IS." CLARINS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. YOU AGREE THAT CLARINS WILL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THIS SITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, OR (d) EVENTS BEYOND THEIR REASONABLE CONTROL.
FURTHER, CLARINS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF CLARINS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL CLARINS’ MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
11. Indemnification of Clarins.com.
You agree to defend, indemnify and hold harmless Clarins.com for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand related to your use of the Site.
12. Disputes.
With respect to any dispute over the Site, your rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of the United States of America and the State of New York, as if the Terms and Conditions were a contract wholly entered into and wholly performed within the State of New York. Any dispute relating in any way to your visit to Clarins.com or to products you purchase through Clarins.com shall be submitted to confidential arbitration in New York, except that, to the extent you have in any manner violated or threatened to violate Clarins’ intellectual property rights, Clarins may seek injunctive or other appropriate relief in any state or federal court in the state of New York, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
13. General.
You acknowledge and agree that these Terms and Conditions, together with our Privacy Policy constitute the complete and exclusive agreement between you and Clarins.com concerning your use of the Site, and supersedes and governs all prior proposals, agreements, or other communications.
Clarins.com reserves the right, in its sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. Your continued use of the Site constitutes your agreement to all such terms and conditions. Clarins.com may, with or without notice, terminate your rights granted by these Terms and Conditions. You shall comply immediately with any such notice.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between the you and Clarins.com. The failure of Clarins.com to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by Clarins.com 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 and Conditions shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. Clarins.com will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of Clarins.com as reflected in the original provision. If you have any questions regarding these Terms and Conditions, please contact Clarins Consumer Relations :
Clarins Consumer Relations
One Park Avenue 19th Floor
New York NY 10016
Email: consumerrelations@clarinsusa.com
Phone: 1-866-CLARINS (1-866-252-7467)
INFORMATION FOR CALIFORNIA RESIDENTS:
Under California Civil Code Section 1789.3, California residents entitled to the following specific consumer rights information:
Pricing Information. Current prices for the products available on the Site may be obtained by going to the corresponding pages for said products. Clarins reserves the right to revise prices at any time.
Complaints. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-888-550-4567.
