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Terms & Conditions

Thank you for visiting the JouerCosmetics.com website! Your access to and use of this website is subject to the terms and conditions set forth below and the additional terms and conditions included elsewhere in this website, such as order forms and registration forms (collectively, “Terms and Conditions”). By using this website, the user (“user” or “you”) agrees to be bound by these Terms and Conditions.

1. Ownership

This website is owned by Jouer Cosmetics™, LLC, a California limited liability company (“Owner,” “we,” or “our”).

2. Product Purchases

All products purchased or made available through this website are for the personal use of the user placing the order, and may not be re-sold. We reserve the right, in our sole and absolute discretion, without notice, to reject, in whole or in part, any order placed through this website, for any reason whatsoever. Orders may be placed through this website only by persons who are over the age of 18, and each person placing an order hereby represents and warrants that he or she is over the age of 18. All orders are also subject to the terms and conditions of the purchase order form and the Commerce and Resale Policy.

2a. Quarterly Subscriptions - By purchasing a Quarterly Subscription you acknowledge that your subscription includes an initial and recurring payments, and you accept responsibility for all recurring charges until your subscription is canceled. Your subscription will automatically be extended on a quarterly basis at the then-current subscription rate. Your subscription can be canceled at any time, however you must logon to your account and follow the proper cancellation procedure or call/email us directly for us to do it for you. If you cancel, your subscription will still be active until the end of your then-current subscription term. Jouer Cosmetics may submit periodic charges (quarterly) without further authorization from you, until you provide notice that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before we have been given a reasonable amount of time to act to make adjustments.

We reserve the right to revoke your subscription at any time as a result of a violation of these Terms or the Privacy Policy. Membership is void where prohibited by law.

3. Website Information

While we make reasonable efforts to keep the information and product availability on our website up-to-date, we make no representation or warranty that the information or product availability data is complete or accurate. We assume no responsibility arising from your use of any information on this website which may prove to be untimely or inaccurate, or for the non-availability of products described in this website.

4. Intellectual Property Notices

The content of this website constitutes the intellectual property of Owner or its licensors, and may be protected by laws related to trademarks, service marks, copyrights, patents, trade dress, and similar rights. Jouer™ is a trademark of Owner. Except as expressly permitted in these Terms and Conditions, any unauthorized use of this website or its contents without the express written consent of Owner is prohibited.

5. User’s Representations and Warranties

By using this website, the user represents and warrants that the user is 18 years of age or older, or, if a minor, is at least 13 years of age, has parental consent to visit this website, and the user’s parent has assumed responsibility to supervise the minor’s use of this website. A user who registers on this website represents that the user is 18 years of age or older. A registered user who permits another person to use his or her registration to this website agrees to pay for all products ordered or charges made by that other person.

6. License

A person who uses this website in accordance with these Terms and Conditions (an “authorized user”) is granted a revocable, limited, and non-exclusive license to access and to make any lawful personal use of this website. An authorized user may bookmark this website for his or her personal, non-commercial use. No user may link our website to another website without our prior written consent.

7. Reuse of Content

We maintain this website for the information, education, and entertainment of our users, and to communicate with our users to promote and provide information about our products, cosmetics and the beauty industry in general. The user is authorized to use the website for the user’s personal, non-commercial purposes. The reuse of the information or content contained in this website for any other purpose without the prior written consent of Owner is expressly prohibited.

8. Misuse of Website

You agree you will not misuse the website by doing any of the following:

a) use the website to violate any applicable law, regulation, or ordinance, or to violate the rights of any other person;

b) use the website or any of its content in connection with the dissemination of any indecent or obscene material;

c) use the website for any commercial purpose other than obtaining the information contained in this website or for ordering goods or services made available through this website;

d) monitor, track, copy, or otherwise obtain information about this website, its content, or its users by any process or data gathering and extraction software;

e) take any action that would pose an undue burden or otherwise intentionally damage our infrastructure, or use our infrastructure to unduly or improperly burden or damage the infrastructure of another website, network, or computer system;

f) access or disseminate any information that would constitute a violation of our Privacy Policy;

g) engage in any other action which we, in our sole and absolute discretion, deem inappropriate or adverse to our interests; or

h) violate these Terms and Conditions.

9. Submissions

All unsolicited submissions, suggestions, ideas, comments, formats, or information transmitted to us, whether solicited or unsolicited, becomes our property and may be used by us for any purpose, subject to the terms and conditions of our Privacy Policy. We shall have no obligation to pay you compensation with respect to our use of submitted material.

10. Your Use of Website

Your use of this website is at your own risk. This website and its content are provided “as-is,” without representation or warranty of any kind, either express or implied, including without limitation any implied warranties of use for a particular purpose or merchantability. We shall not be responsible or liable, under any theory of law or any circumstances, for any damages arising out of or in connection with your use of this website or of its content, regardless of any legal theory of liability, even if we have been given notice of the possibility of damages.

11. Indemnification of Owner

The user agrees to indemnify, defend, and hold harmless Owner and Owner’s agents, affiliates, and suppliers from any liability or loss of any kind relating to the user’s violations of these Terms and Conditions.

12. Disputes

Any dispute regarding this website or these Terms and Conditions will be governed by the laws of the State of California determined without reference to its principles of choice of law. Any controversy or claim related to this Agreement shall be settled by expedited arbitration in accordance with the expedited Rules of the American Arbitration Association ("AAA"), notwithstanding the amount in controversy, provided that:

a) the legal and accounting fees incurred in connection with the arbitration by the prevailing party (as determined by the arbitrator) shall be paid by the other party;

b) the selection of the arbitrator shall be made utilizing the “alternate strike method” from a panel of potential arbitrators provided by the AAA and consisting of not less than five (5) persons;

c) the parties shall have the right of discovery, as provided in Section 1283.05 of the California Code of Civil Procedure;

d) the arbitration shall take place at Los Angeles, California; and

e) the parties agree that it is their mutual desire that any arbitration hereunder be consummated within 180 days of the assertion of a claim before the AAA.

13. General

a) These Terms and Conditions and any other terms and conditions set forth in the content of the website constitute the complete agreement between us regarding the use of the website and may not be altered or amended except in a writing signed by Owner.

b) Owner reserves the right to modify and amend these Terms and Conditions, and any other terms and conditions set forth in the content of the website, at any time, with or without notice, in Owner’s sole and absolute discretion.

c) Owner’s failure to enforce strictly the terms and conditions shall not constitute a waiver of our rights, and we may subsequently insist on strict enforcement of these Terms and Conditions.

d) If any of the Terms and Conditions are determined to be unenforceable, the remaining Terms and Conditions shall remain in full force and effect.

14. Images

All images contained in the website are either our property or the property of others duly licensed to us. Any reproduction, copying, or dissemination of such images without our written permission or the written permission of the copyright owner is prohibited.

15. Links

We may provide links or references to websites maintained by third parties. While we take reasonable efforts to ensure that the content of such websites is of interest to our users and that the persons maintaining such websites have adopted appropriate procedures to protect their users’ privacy and the integrity of their systems, we make no representation or warranty regarding the content, information, or products made available on such other websites, the Privacy and Security Policies of these websites, and we shall not be responsible for any loss or damage arising from or related to the use of such websites.

16. Testimonials

Subject to our Privacy Policy, we reserve the right to use any communications you send to us in connection with our online and offline advertising and promotion campaigns, in all cases, without payment of compensation to you.

17. Mobile

The Jouer Cosmetics mobile message service (the "Service") is operated by Jouer Cosmetics (“Jouer Cosmetics”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Jouer Cosmetics’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Jouer Cosmetics through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Jouer Cosmetics. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to 65732 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Jouer Cosmetics mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to 65732 or email customersupport@jouercosmetics.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

Standard Terms & Conditions

Parties: “Seller” means Jouer Cosmetics, LLC.  “Buyer” means entity or person submitting the purchase order to Seller.

Acceptance: Seller’s acceptance of Buyer’s purchase order is expressly limited to and made conditional upon Buyer’s acceptance of the Terms and Conditions contained herein.  These Terms and Conditions supersede all conflicting or additional terms which are not agreed to in a separate writing.  Buyer’s acceptance of any portion of Seller’s goods shall be deemed an assent to these Terms and Conditions.  Seller’s receipt or acknowledgment of a written purchase order from Buyer containing additional or different terms shall not constitute a modification of these Terms and Conditions.

Warranty / Limited Liability: Seller warrants that goods purchased shall be free of all defects in design, workmanship, or material, and shall be fit for their intended purpose.  In the event that goods do not meet the aforementioned warranties, Seller shall, at its option, replace the goods or refund the purchase price paid by Buyer.  Any replacement or refund shall constitute the Buyer’s sole remedy for breach of the aforementioned warranties.  In no event shall Seller’s liability for damages exceed the purchase price for the particular goods for which damages are claimed.  Seller will not be responsible for any claim not reported by Buyer within 5 days of delivery.

Intellectual Property: Buyer shall have no right to use the corporate name of Seller, or to use any trademark, service mark, trade name, brand name, or other product identification owned or used by Seller (collectively, “Marks”), except as necessary for the performance of Buyer’s obligations under the purchase order agreement for the exclusive benefit of Seller or as Seller may otherwise approve in writing.  These marks shall at all times remain the sole and exclusive property of Seller.  Buyer shall acquire no property right or other ownership interest in these rights by virtue of any purchase. 

Limitation on Resale / Minimum Price: Buyer agrees that it shall not divert Seller’s goods to other resellers, including but not limited to mass retailers, liquidators, etc., without the express, written consent of Seller.  Buyer further agrees that it shall not resell, list, or advertise Seller’s goods at prices lower than the Minimum Resale Prices established by Seller at the time of purchase without the express, written consent of Seller.  A violation of this provision shall entitle Seller to refuse any further deliveries to Buyer, and to pursue all other remedies available at law or in equity.

Waiver: Failure by Seller to enforce any term or provision within these Terms and Conditions shall not be deemed to be a waiver thereof on the same or on subsequent occasions, nor a waiver of any other term or provision within these Terms and Conditions.

Choice of Law / Forum Selection / Arbitration of Disputes: The parties hereby agree to submit all claims to arbitration.  The parties further agree that these Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, regardless of its conflict of law rules.  Buyer’s purchase constitutes express consent and an agreement to submit any dispute to the exclusive jurisdiction and venue of a court of competent jurisdiction located in Los Angeles County, California, subject to this arbitration agreement.  Buyer specifically agrees to accept service by mail of a complaint or other document initiating the arbitration proceeding and waive any jurisdictional objections.  This mandatory binding final arbitration agreement is instead of traditional court proceedings and is without a right to a jury trial, court trial or appeal, and all such and other differing court proceedings and procedural rights, including without limitation, jury trial, court trial and appeal are waived.

Attorney Fees: In the event of any dispute arising under the terms of this agreement, the prevailing party will be entitled to recover its expenses, including reasonable attorneys’ fees and costs, incurred in connection with the dispute and any appeal from the losing party.

Severability: If any provision of these Terms and Conditions is found to be invalid or unenforceable, only that particular provision or part so found, and not the entire Terms and Conditions, will be inoperative.

Entire Agreement:  These Terms and Conditions constitute the entire agreement of the parties with respect to the subject matter herein.

 

If you have any questions regarding these Terms and Conditions, please contact us at customerservice@jouercosmetics.com.

Copyright © 2017 Jouer Cosmetics™, LLC