Terms & Conditions
Last Updated: February 14, 2018
Introduction
The Mademoiselle Provence website, located at www.mademoiselleprovence.com (the “Website”) is operated by Paris Provence Cosmetics, LLC dba Mademoiselle Provence, located at 6755 Speedway Blvd, Suite A103, Las Vegas, NV 89115 (“Paris Provence,” “we,” and/or “our”). These are the terms of use (“Terms of Use” and/or the “Agreement”) for the Website. By visiting, using and/or purchasing products from the Website, you agree to be bound by these Terms of Use whether or not you actually complete a purchase of the goods offered for sale on the Website or register for the Website’s mailing list. Accordingly, you are directed to read these Terms in their entirety and, if you object to anything in this Agreement or our Privacy Policy, you should not use or visit the Website.
This Agreement is subject to change by Paris Provence at any time, effective upon posting on the Website. Your continued use of the Website following Paris Provence’s posting of revised terms of any section of the Agreement will constitute your express and binding acceptance of and consent to the revised Agreement. For this reason, you should frequently review these Terms of Use, the Privacy Policy, and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Website and/or the Website.
Any changes or modifications to these Terms of Use, Privacy Policy will be effective upon posting of the revisions.
YOUR CONTINUED USE OF THE WEBSITE FOLLOWING POSTING OF ANY CHANGES OR MODIFICATIONS CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS AND IF YOU DO NOT AGREE WITH THESE CHANGES OR MODIFICATIONS, YOU MUST IMMEDIATELY CEASE USING THE WEBSITE. PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
We also like to interact with you on Third-Party Sites where we may post content or invite your feedback, such as https://www.facebook.com/mademoiselleprovence ; https://www.instagram.com/mademoiselleprovence ; https://twitter.com/mlleprovence ; and https://www.youtube.com/channel/UCJFl9vAhpgyg7VrXALS-7JQ (the "Third-Party Sites").
Our Terms of Us and Privacy may provide guidelines that involve Third-Party Sites, but Paris Provence does not control those Third-Party Sites, and these Terms of Use and Privacy Policy do not apply to companies that Paris Provence does not own or control, or to the actions of people that Paris Provence does not employ or manage. You should always check the terms of use posted on Third-Party Sites. Paris Provence reserves the right to change or modify any of the terms and conditions contained in the Terms of Use, Guidelines and Rules from time to time at any time, without notice, and in its sole discretion. If Paris Provence decides to change these Terms of Use, Paris Provence will post a new version on the Website and update the date set forth above.
Electronic Agreement
This Agreement is an electronic contract that sets out the legally binding terms of your use of the Website. This Agreement may be modified by Paris Provence from time to time, such modifications to be effective upon posting by Paris Provence on the Website. By accessing and/or using the Website or becoming a User, you accept this Agreement and agree to the terms, conditions, and notices contained or referenced herein.
Copyright
All design, text, graphics, logos, button icons, images, audio and video clips, the selection and arrangement thereof, and all software on the Website is the property of Paris Provence. ALL RIGHTS RESERVED. The compilation (meaning the collection, arrangement and assembly) of all content on the Website is the exclusive property of Paris Provence and protected by U.S. and international copyright laws. All software used on the Website is the property of Paris Provence or its software suppliers and is protected by U.S. and international copyright laws. Permission is granted to electronically copy and to print in hard copy portions of the Website for the sole purpose of placing an order with Paris Provence or using the Website as a shopping resource. Any other use of materials on the Website - including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance - without the prior written permission of Paris Provence is strictly prohibited.
Trademarks
Mademoiselleprovence.com, the name “Mademoiselle Provence”, the phrase “from Provence with love, naturally”, and all phrases, terms and words confusingly similar thereto, and all page headers, photographs, custom graphics and button icons are service marks, trademarks, and/or trade dress of Paris Provence and may not be used in connection with any product or service that is not offered by Paris Provence in any manner that is likely to cause confusion among customers. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
Product Information
The products displayed on the Website can be ordered and delivered only within the U.S. and certain select countries. See the International Shipments section of mademoiselleprovence.com for more information. Paris Provence products displayed on the Website may be available in select retail stores in the U.S. and certain foreign markets. All prices displayed on mademoiselleprovence.com are quoted in U.S. Dollars and are valid and effective in the United States and Canada. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Paris Provence. All material and information presented by Paris Provence is intended to be used for personal, educational or informational purposes only. The statements made about our products have not been evaluated by the U.S. Food and Drug Administration or any other government agency and the results reported, if any, may not necessarily occur in all individuals. The statements and products sold through Paris Provence are not intended to diagnose, treat, cure or prevent any condition or disease. If any minor uses any goods or product from Paris Provence it should be only after the legal or parental guardian has discussed the product with the minor's doctor.
All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions. Use of the Website is not meant to serve as a substitute for professional medical advice: the Website is solely an online store for specialty beauty products. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Website before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. Paris Provence does not give or intend to give any answers to medical related questions and the Website do not replace any medical professional or medical resource. Paris Provence does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Website.
IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.
The products available on the Website, including any samples we may provide to you, are for your personal use only. You may not sell or resell any products you purchase or otherwise receive from Paris Provence. Paris Provence reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms of Use, as determined by Paris Provence in its sole discretion. Except where prohibited by law, Paris Provence may limit the number of products available for purchase.
Color Information
While Paris Provence has tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.
Third-Party Content and Third-Party Sites
Paris Provence may provide content of third parties ("Third-Party Content") or links to Third-Party Sites on the Website as a service to those interested in this information. Paris Provence does not monitor, approve or have any control over any Third-Party Content or the Third-Party Sites and the inclusion of links to Third-Party Content or Third-Party Sites does not imply any association or relationship between Paris Provence and such Third-Party. Paris Provence does not guarantee, endorse or adopt the accuracy or completeness of any Third-Party Content or any Third-Party Site.
Paris Provence is not responsible for updating or reviewing Third-Party Content or Third-Party Sites. You use Third-Party Content and Third-Party Sites at your own risk. Third-Party Content, including comments from Third-Party users submitted to Paris Provence, do not necessarily reflect the views of Paris Provence.
Mobile Services
If you access the Website via your mobile phone or provide a mobile phone number to us in order to be contacted by voice or text message, while we do not presently charge a fee, your carrier's normal rates and fees, such as text messaging fees or data charges, will still apply.
Modification of Content
All Content that you submit is not confidential and may be used at Paris Provence's sole discretion. Paris Provence may or may not pre-screen Content. However, Paris Provence and its designees will have the right (but not the obligation) in their sole discretion to pre-screen, change, condense or delete any Content on the Website. In particular, Paris Provence and its designees will have the right to remove any Content that Paris Provence deems, in its sole discretion, to violate these Terms of Use or the Privacy Policy. Paris Provence does not guarantee that you will have any recourse through Paris Provence to edit or delete any Content you have submitted. Paris Provence reserves the right to incorporate any Content you have submitted into any account you may have, now or in the future, as a registered user of the Website. Ratings, written comments, questions and answers are generally posted within two to four business days.
However, Paris Provence reserves the right to remove or to refuse to post any submission for violation of any relevant terms or guidelines. You acknowledge that you, not Paris Provence, nor any of its agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers and employees are responsible for the contents of any Content you submit. None of the Content that you submit shall be subject to any obligation of confidence on the part of Paris Provence, its agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers and employees.
Reservation of Rights
Paris Provence reserves the right, at any time, without notice and in its sole discretion, to terminate your license to use the Website and to block or prevent your future access to and use of the Website. Paris Provence may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to (i) comply with legal process; (ii) enforce these Terms of Use, (iii) respond to claims that any Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of Paris Provence (and its employees), its users and the public.
Disclaimer of Warranties
PARIS PROVENCE IS PROVIDING THE WEBSITE AND ITS CONTENTS ON AN "AS-IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE WEBSITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THE WEBSITE OR AS PART OF THE COMMUNITY. TO THE FULLEST EXTENT PERMITTED BY LAW, PARIS PROVENCE DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, PARIS PROVENCE DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE WEBSITE IS ACCURATE, COMPLETE OR CURRENT.
Please note that some jurisdictions may not allow the exclusion of implied warranties and conditions, so some of the above exclusions may not apply to you but shall apply to the maximum extent permitted by applicable laws. Price and availability information is subject to change without notice.
Disclaimer of Liabilities
PARIS PROVENCE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.
Indemnification
You agree to defend, indemnify and hold harmless Paris Provence (and its officers, directors, agents, subsidiaries, joint ventures, members, managers, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages including reasonable legal fees, arising out of (a) your misuse of the Website; (b) your violation of any term of these Terms of Use; (c) a breach of your representations and warranties set forth above regarding Content; (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (e) any claim that any Content you submitted caused damage to a Third-Party. This indemnification obligation will survive the termination of these Terms of Use and your misuse of the Website.
DMCA
If you believe your work or content has been copied and posted to the Website in a way that constitutes copyright infringement, please provide Paris Provence's designated copyright agent the following written information in accordance with the Digital Millennium Copyright Act (the "DMCA"):
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the Website;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- Your name, address, telephone number and email address (if available); and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
Paris Provence’s DMCA designated copyright agent for notice of claims of copyright infringement on the Website is as follows:
Shopify Inc.
Attn: Shopify DMCA Agent 150 Elgin Street, 8th floor, Ottawa, Ontario K2P 1L4
Fraud Protection Program
As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our Customer Service department may call you at the phone number you provided (or use your email address) to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
Privacy
By submitting your email address in connection with your account, you agree that Paris Provence and its third-party service providers may use your email address to contact you about your account or Content you have submitted to the Website, or for other administrative purposes and for any other purpose permitted or required by law.
Paris Provence’s Privacy Policy provides further detail on the manner in which Paris Provence may collect and use personally identifiable information about you, including any information you supply in connection with your use of the Website.
Waiver
No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Paris Provence’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
English Language
It is the express wish of the parties that these Terms of Use and all related documents be drawn up in English. C'est la volonté expresse des parties que cette convention ainsi que tous les documents qui s'y rattachent soient rédigés en anglais.
Dispute Resolution
If a dispute should arise between you and Paris Provence, we want to provide you with a resolution that is efficient and cost effective by using our customer service team. Almost all customer service disputes can be resolved to the customer’s satisfaction by using our customer service, reachable by calling 702.802.5639 or by sending an email to customerservice@mademoiselleprovence.com
If your dispute cannot be resolved using our customer service team, these Terms describe how we shall proceed with the resolution of the dispute.
TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND PARIS PROVENCE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Agreement to Arbitrate Disputes
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
Except where prohibited by law, as a condition of using the Website, you agree that any and all disputes, claims and causes of action (collectively, "Claim") arising out of or connected with the Website and the goods sold on the Website, shall be resolved individually, without resort to any form of class action, exclusively by binding arbitration under the rules of the American Arbitration Association for full and final settlement of such Claim, and judgment on the award rendered in the arbitration may be entered in any court having jurisdiction thereof, except to the extent that you have in any manner violated or threatened to violate Paris Provence’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances Paris Provence may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Website, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
Such arbitration shall be held in accordance with the Rules for Expedited Procedures under the Commercial Arbitration Rules of the American Arbitration Association or other mutually agreeable organization, before a single arbitrator selected by agreement of both parties or by an independent mediator if the parties are unable to agree. The parties shall split the arbitration and/or mediator costs.
An award rendered by the arbitrator(s) may be entered and confirmed by the courts of the State of Nevada, County of Clark. The parties agree that any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the State of Nevada, County of Clark.
WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Paris Provence in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND PARIS PROVENCE WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
OPT-OUT OF AGREEMENT TO ARBITRATE: You can decline this agreement to arbitrate by emailing Paris Provence at arbitrationoptout@mademoiselleprovence.com and providing the requested information as follows: (1) Your Name; (2) the URL of Terms of Use and Agreement to Arbitrate Disputes; (3) Your Address; (4) Your Phone Number; (5) and clear statement that you wish to opt out of this arbitration provision in the Terms of Use. The Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms of Use by using the Website.
Choice of Law/Forum Selection
These Terms shall be governed by and construed in accordance with the laws of the State of Nevada, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in Las Vegas, Nevada, for any injunctive and/or equitable relief.
Severability
The provisions of these Terms of Use are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by Paris Provence, or alternatively, by disposition of an arbitrator or a court of law. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from the Terms of Use without affecting the validity, legality or enforceability of any of the remaining provisions.