LEGAL NOTICE
Thank you for visiting our Site which is owned and operated by Sisley Cosmetics USA Inc. (collectively “Sisley”, “we”, “us” or “our”). Please read these terms of use (“Terms of Use”) carefully before using the services of this site (the “Site”). THESE TERMS AND CONDITIONS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THIS SITE AND THE RELATED SERVICES, FEATURES, CONTENT, APPS OR ANY PURCHASES YOU MAKE VIA THE SITE.
If you do not agree with the Terms of Use, then you do not have the right to access, view, download or otherwise use the Site or purchase any cosmetics and, accordingly, you should not do so.
We may at our sole discretion change, add, or delete portions of these Terms of Use at any time on a going-forward basis. It is your responsibility to check these Terms of Use for changes prior to use of the Site, and in any event your continued use of the Site following the posting of changes to these Terms of Use constitutes your acceptance of any changes. We will notify you of any material changes by posting notice of the changes on the Site, and/or, in our sole discretion, by email.
YOUR ACCOUNT
All billing and other information provided by you on this Site must be truthful and accurate. You agree to keep such information current. Providing any untruthful or inaccurate information constitutes a breach of these Terms of Use. We may terminate your access to the Site if you provide us with false or misleading information. When you set up an account, you are required to provide your name and email address and select a password, which you may not transfer or share with any third parties. You are solely responsible for maintaining the confidentiality of your password, e-mail and any other account identifiers, and you are solely responsible for all use of your password and account, whether authorized by you or not. If you choose to make any of your personally identifiable information publicly available on the Site, you do so at your own risk. By confirming your purchase at the end of the checkout process, you agree to pay for the item(s) requested.
Unauthorized reproduction, copying, re transmission or exploitation of the Site, including but not limited to all content and products, is hereby expressly prohibited.
SITE TRANSACTIONS
We do not authorize the purchase of our merchandise for resale purposes. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. To enforce this policy, we may, in our sole discretion, limit or cancel quantities purchase per person, per household or per order. These restrictions may include, for example, orders placed by or under the same customer account, and/or the same credit card, and/or the same IP address with different credit cards and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was placed.
INFORMATION ACCURACY
We will use reasonable efforts to include accurate and current information on the Site, but there may be occasions when information on the Site contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability and other matters. We make no warranties or representations regarding the accuracy of such information and will not be bound thereby. We reserve the right to correct any errors and, to update Site information at any time (including after you have submitted your order). We apologize for any inconvenience this may cause.
CHANGES TO THESE TERMS
From time to time, SISLEY may revise this Terms to reflect changes in the law or technology, or changes in our practices regarding information collection and use. You can determine when these Terms were last revised by referring to the “Last Updated” legend at the top of this page. Any changes to these Terms will become effective upon posting of the revised Terms on the Internet, accessible through the Site. By continuing to use the Site following such changes, you will be deemed to have agreed to such changes. If you do not agree with the Terms, as it may be amended from time to time, please do not continue using the Site. To the extent that an arbitrator or court of applicable jurisdiction determines that applying any changes to these Terms would render this an illusory or unenforceable contract, such changes shall be applicable on a prospective basis only, with respect to events or circumstances occurring after the date of such changes, to the extent necessary to avoid these Terms being deemed illusory or unenforceable.
DISCLAIMER OF WARRANTY
SISLEY provides the site on an “as is” and “as available” basis. SISLEY hereby disclaims all warranties of any kind, either express or implied, statutory or otherwise, with respect to the site including without limitation warranties of merchantability or fitness for a particular purpose. Without limiting the generality of the foregoing, SISLEY does not warrant that the site will be uninterrupted, free of inaccuracies, errors, viruses or other harmful components or operate in the configuration or with the hardware or software you use. Your use of the site is solely at your risk.
Except for the replacement of or refund of the purchase price for any damaged products, SISLEY hereby disclaims all warranties of any kind, either express or implied, statutory or otherwise, with respect to products purchase on the site, including without limitation warranties of merchantability or fitness for a particular purpose.
LIMITATION OF LIABILITY
In no event will SISLEY be liable to any party for any direct, indirect, incidental, special, consequential or punitive damages for use of the site or any other hyperlinked websites, including, without limitation, lost profits or revenues, costs of replacement, business interruptions, and loss of data or damages. In the event of any problem with the site or any content therein, you agree that your sole remedy is to cease using the site. In no event will SISLEY’s aggregate liability to you in connection with the site or the products exceed the amount (if any) paid by you to SISLEY in the six months immediately preceding the event which gave rise to the liability. Because some jurisdictions do not allow for the exclusion of damages, SISLEY’s liability in such jurisdictions shall be limited to the greatest extent permitted by the law of such jurisdiction.
Any third-party web sites linked to or from the site are not controlled by SISLEY. Accordingly, SISLEY makes no warranties regarding such third-party web sites and will not be liable for any loss or damage caused by your use or reliance on such websites. Your use of third-party web sites is at your own risk. The inclusion on the site of a link to a third-party web site does not imply an endorsement by SISLEY. When you access any of these third-party web sites, your rights and obligations will be governed by the agreements and policies relating to the use of those web sites.
INTELLECTUAL PROPERTY RIGHTS
SISLEY and its affiliated companies retain all rights regarding their trademarks, trade names, brand names and trade dress. These marks, names, trade dress, and all associated logos or images, are registered and/or common law trademarks of SISLEY or its affiliated companies and may not be used without the prior written consent of SISLEY in each instance.
The Site and all of its materials and content, including its software, source code, HTML code, scripts, web apps, text, artwork, photographs, images, design, video, and audio (collectively, “Materials”) are protected by U.S. copyright laws and other U.S. and international laws and treaties. All Materials are provided by SISLEY as a service to its current and prospective customers and may be used only for personal information and product ordering purposes. No right, title or interest in our Materials is conveyed to you. Any unauthorized copying, alteration, distribution, transmission or display or other use of these Materials is prohibited.
Your misuse of the trademarks and copyrighted materials displayed on our Website is strictly prohibited. You are advised that SISLEY will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution
MISCELLANEOUS NOTE
No failure or delay by SISLEY in exercising any right under the Terms will operate as a waiver thereof or preclude any future exercise of such right.
If one of the provisions of the Terms is declared invalid in whole or in part, the other provisions and other rights and obligations arising from the Terms shall be unchanged and shall remain applicable.
When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail and/or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You agree that regardless of any statute or law which establishes a different statute of limitations, to the maximum extent permitted under applicable law, any claim or cause of action (including any arbitration) arising out of, related to or connected with the use of the Site or the Terms or our Privacy Policy, or any SISLEY Transaction must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The provisions of the Terms, the Purchase Policy, the Privacy Policy and the Site constitute the entire agreement between you and SISLEY related to the use of the Site and supersedes any prior agreements or understandings not incorporated in the Terms.
You agree that a printed version of the Terms and of any notice given in electronic form shall be admissible in judicial, administrative or arbitration proceedings based upon or relating to any Sisley Transaction to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
SISLEY will not be responsible for failure to fulfill any obligation due to causes beyond its control.
APPLICABLE LAW / ATTRIBUTION OF JURISDICTION
Applicable Law – Jurisdiction
By visiting this Site, you expressly agree that the Terms and any dispute, claim, action, cause of action, issue, or request for relief between you and Sisley arising out of or relating to these Terms, your visit to our Site, or to products or services obtained on or through our Site (collectively “Disputes”) will be governed by and construed in accordance with the laws of the state of New York, U.S.A., without giving effect to any conflict-of-law principles that may provide the application of the law of another jurisdiction. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in New York County, State of New York, for all Disputes that are heard in court. Each party to these Terms agrees that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, each party hereby agrees to, and does, waive any right to a jury trial.
Binding Arbitration
In the event we are not able to resolve a Dispute and you intend to pursue arbitration, you must first send an individualized written notice of the Dispute (“Notice”) to Sisley at the following address:
Sisley Cosmetics USA Inc.
Attention: Legal Department
360 Lexington Avenue
New York, NY 10017
The Notice must (1) describe the nature and basis of the Dispute; and (2) set forth the specific relief sought. We agree to use good faith efforts to resolve the Dispute directly, but if we do not reach an agreement to resolve the Dispute within 30 days after the notice is received, you or we may commence an arbitration proceeding, subject to the terms below.
You and we agree to submit all unresolved Disputes to confidential and binding individual arbitration in the State of New York through a demand for arbitration (“Demand”). This agreement to arbitrate will be governed by the Federal Arbitration Act, 9 U.S.C. § 1 (the “FAA”). The arbitration shall be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
Subject to the Mass Arbitration process described below, you and Sisley agree that any arbitration shall be limited to the Dispute between Sisley and you individually. To the fullest extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
You and Sisley further agree to the use of AAA’s Mass Arbitration Supplementary Rules, to the extent applicable to any Demand or group of Demands and not inconsistent with the Batch Arbitration process described below.
To increase the efficiency of administration and resolution of arbitrations, you and Sisley agree that in the event that there are 25 or more individual Demands of a substantially similar nature filed against Sisley by or with the assistance of the same law firm, group of law firms, or organizations, within a 60-day period (or as soon as possible thereafter), the AAA shall (1) administer the arbitration Demands in batches of 25 Requests per batch (plus, to the extent there are fewer than 25 Requests left over after the batching described above, a final batch consisting of the remaining Requests); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”).
You and Sisley agree that Demands are of a “substantially similar nature” if they arise out of or relate to the same event, factual scenario, and/or raise the same or similar legal issues, and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise the AAA, and the AAA shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Procedural Arbitrator”). In an effort to expedite resolution of any such dispute by the Procedural Arbitrator, you and Sisley agree the Procedural Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Procedural Arbitrator’s fees shall be paid by Sisley if Sisley is the party seeking the appointment of the Procedural Arbitrator. The Procedural Arbitrator’s fees shall be shared equally by you and Sisley if you are the party seeking the appointment of the Procedural Arbitrator.
You and Sisley agree to cooperate in good faith with the AAA to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Requests, as well as any steps to minimize the time and costs of arbitration. which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings. This Batch Arbitration process shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.
You and Sisley shall select a mutually agreeable arbitrator from the AAA. Unless otherwise precluded by law, you and Sisley shall each separately pay your own attorneys’ fees and costs.
Notwithstanding the above, if the Dispute concerns a matter for injunctive or other similar relief that is appropriate under applicable law, for instance the enforcement or validity of our, or our licensors’, intellectual property rights, we may seek such injunctive or other similar relief in any state or federal court of competent jurisdiction, whether or not it is in the State of New York.
Changes to this arbitration agreement shall not apply to any claim that was filed in a legal proceeding against us or you prior to the effective date of the modification. You may opt out of any such changes within 30 days after an update has taken effect by writing Sisley at the following address: Sisley Cosmetics USA Inc., Attention: Legal Department, 360 Lexington Avenue, New York, NY 10017.