Terms and Conditions
of Use
Welcome to Cosmetíque.com
Cosmetíque.com (the “Site”)
is owned and operated by Cosmetíque,
Inc. (”Cosmetíque”). Please
read these terms and conditions of use carefully before
using this Site. By using this Site, you agree to the
terms and conditions set forth below. If you do not
agree with the terms and conditions of this Legal Statement,
please do not use this Site.
Privacy
Please review our Privacy
Policy, which also governs your visit to this
Site, so that you may understand our privacy practices.
Trademarks and Copyright
All trademarks, service marks and trade
dress on the Site that are registered trademarks
of Cosmetíque or International Cosmetics and
Fragrances in the United States and other countries,
may not be used without obtaining prior written permission
from Cosmetíque or International Cosmetics
and Fragrances as appropriate. In addition, all content
included on this Site, such as text, graphics, logos,
button icons, images, audio clips and software, is
owned by Cosmetíque or its content suppliers
and is protected by U.S. and international copyright
laws. The compilation (meaning the collection, arrangement
and assembly) of all contents on this Site is the
exclusive property of Cosmetíque and is protected
by U.S. and international copyright laws. All software
used on this Site is owned by Cosmetíque or
its software suppliers and is protected by U.S. and
international copyright laws. The content and software
on this Site may be used for your personal use only
as a shopping resource and any other use is strictly
prohibited.
Permitted Use of Materials
You may not copy or distribute, modify,
republish, upload, post or transmit any content and
material on the Site in any way, without the prior
written consent of Cosmetíque, except as follows:
You may download one copy of the material on one
computer for your personal, non-commercial home use
only, provided you do not delete or change any copyright,
trademark or other proprietary notices. Modifications
or use of the materials for any other purpose violates
the intellectual property rights and other rights
of Cosmetíque or its content suppliers.
You agree to use this Site for legitimate
shopping purposes only. You agree not to harm this
Site in any way, or otherwise use the Site in any
improper manner, including, but not limited to hacking
into the Site’s systems, spoofing or faking
e-mail headers or slowing or stopping the functionality
of the Site. If you register and/or purchase product
from this Site, you agree to provide true, accurate,
current and complete information about yourself as
prompted by the forms on the Site. If you provide
any information that is untrue, inaccurate, not current
or complete, or Cosmetíque suspects that to
be the case, Cosmetíque has the right to suspend
or terminate your account and refuse any and all
current or future use of this Site.
You may create a password and account
when you register. You are responsible for maintaining
the confidentiality of your password and account,
and are fully responsible for all activities that
occur under your password or account. You agree to
immediately notify Cosmetíque of any unauthorized
use of your password or account or any other breach
of security, and to ensure that you exit from your
account at the end of each session. Cosmetíque
will not be liable for any loss or damage resulting
from your failure to comply with this paragraph.
Purchase Related Policies
The products and services available on this
Site are for your personal use only. You may not
sell or resell any of the products or services you
purchase or otherwise receive from us. Cosmetíque
reserves the right, with or without notice, to cancel
or reduce the quantity of any order that Cosmetíque
believes, in our sole discretion, may result in the
violation of our Policies.
The products and services available
on this Site are for inquiries made in the United
States and/or for purchases destined for locations
within the United States. All inquiries regarding
international transactions should be forwarded to
customer service.
The prices shown on this Site are
for Internet orders. Prices on some items may differ
from those shown in advertising in other media or
channels. Prices, inventory and availability are
subject to change without notice.
Your Contributions to this
Site
Cosmetíque will consider all contributions
from you such as remarks, suggestions, ideas, graphics,
materials or other information as non-confidential
and free of any claims of proprietary or personal
rights. All contributions to this Site or to Cosmetique
are, and shall remain forever, the sole and exclusive
property of Cosmetíque free from any claims
by you or others, and may be used by Cosmetíque
for any purpose whatsoever, commercial or otherwise,
without compensation, payment or any other obligation
to anyone, including you. By providing any contributions,
you also authorize us to use or allow others to use
the contributions for any purpose whatsoever. Cosmetíque
will not incur any liability as a result of any similarities
that may appear in future Cosmetíque operations.
Representations and Warranties;
Limitation of Liability
This Site is provided by Cosmetíque
on an "AS IS" basis. Cosmetíque
makes no representations or warranties of any kind,
express or implied as to the operation of the Site,
the information, content, materials or products included
on the Site. To the full extent permissible by applicable
law, Cosmetíque disclaims all warranties,
express or implied, including, but not limited to,
the implied warranties and/or conditions of merchantability
or satisfactory quality and fitness for a particular
purpose and non-infringement.
You agree that, to the fullest extent
permitted by applicable law, Cosmetíque will
not be liable for any damages of any kind (whether
in contract, tort or otherwise) under any circumstances
arising from the use of the Site, including, but
not limited to direct, indirect, incidental, punitive
and consequential damages. Cosmetíque does
not warrant or make any representations that (1)
the Site or the server that makes it available are
free of viruses or other harmful components. (2)
the use or the results of the materials in the Site
in terms of their correctness, accuracy, reliability,
or otherwise, (3) your use of this Site will be uninterrupted.
Cosmetíque has no duty to update the Site
or the content hereof, and Cosmetíque will
not be liable for any failure to update such information.
Cosmetíque makes no representations regarding
the content of any other Websites which you may access
from the Site. A link to a non-Cosmetíque
Website does not mean that Cosmetíque endorses
or accepts any responsibility for the content or
use of such Website.
Cosmetíque will not be liable
for any damages or injury, including but not limited
to special or consequential damages, caused by any
failure of performance, error, omission, interruption,
defect, delay in operation or transmission, computer
virus, or line failure. Cosmetíque will not
be liable for any damages or injury, including but
not limited to special or consequential damages,
resulting from the use of, or the inability to use,
the materials in this Site, even if there is negligence
on the part of Cosmetíque or if an authorized
Cosmetíque representative has been advised
of the possibility of such damages, or both. Applicable
law may not allow the limitation or exclusion of
liability for incidental or consequential damages,
so the above limitation or exclusion may not apply
to you. Cosmetíque’s total liability
to you for all losses, damages, and causes of action
(whether in contract, tort, or otherwise) will not
be greater than one hundred U.S. dollars ($100.00).
Indemnification
You agree to defend, indemnify and hold
Cosmetíque harmless for any loss, damages
or costs, including reasonable attorneys’ fees,
resulting from any third party claim, action or demand
resulting from your use of this Site. You also agree
to indemnify Cosmetíque from any loss, damages,
or costs, including reasonable attorneys’ fees,
resulting from your use of software tools, spiders,
crawlers, or similar data gathering devices, or any
other action that you take that imposes an unreasonable
burden or load on our infrastructure.
Jurisdiction
You agree that jurisdiction and venue for
adjudication of all disputes between you and Cosmetíque
is properly located in only the United States of
America in the United States District Court for the
Northern District of Illinois or the Illinois State
Court in Lake County, Illinois. You consent to jurisdiction
and venue therein. The convenience of witnesses and
the parties will be served by adjudication of disputes
in the aforementioned forums and you and Cosmetíque
request that any court shall honor this section.
Miscellaneous
Use of the Site is limited to persons over
the age of 16. This Site is created, owned and operated
by Cosmetíque in the State of Illinois. As
such, these Terms, Disclaimers and Conditions and
the agreement they create, shall be governed by and
construed in accordance with the laws of the State
of Illinois, without giving effect to any principles
of conflicts of law. If you use this Site from locations
outside the United States, you are responsible for
compliance with any applicable local laws. If any
of these terms of use is determined to be unlawful,
invalid, void, or for any reason unenforceable, then
that term shall be deemed severable from the other
terms and shall not affect the validity or enforceability
of any other portion of this Legal Statement. Cosmetíque
reserves the right to make changes to the Site and
to this Legal Statement at any time by posting such
changes to this page and without notice to you. Your
continued use of the Site following the posting of
such changes shall be deemed your acceptance of such
changes. The terms of use constitute the entire agreement
between Cosmetique and you relating to the subject
matter herein.
Contact Us
Mailing Address:
Cosmetíque
200 Corporate Woods Parkway
Vernon Hills, Illinois 60061
Telephone: 1-800-621-1342
http://www.Cosmetique.com
E-mail:
customerservice@cosmetique.com
Telephone:
1-800-621-1342 |