Terms and Conditions
Welcome to the Clé de Peau Beauté Website (www.cledepeaubeaute.com) (“Website”).
2. Purchase Related Policies
The products and services available on the Website, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples that you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any orders that we believe, in our sole discretion, may result in the violation of our Terms and Conditions. Clé de Peau Beauté reserves the right to cancel any online order for any reason.
3. Accuracy of Information
We attempt to be as accurate as possible when describing our products on the Website; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors or other content available on the Website are accurate, complete, reliable, current, or error-free.
4. Intellectual Property
All content available on the Website, including but not limited to text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and arrangement thereof (collectively, the "Content") is the property of Clé de Peau Beauté, our parent company, affiliates, partners or licensors, and is protected by United States and international copyright laws.
The trademarks, logos, and service marks displayed on the Website (collectively, the "Trademarks") are the registered and unregistered marks of . Clé de Peau Beauté, our parent company, our affiliates, partners or licensors, in the United States and other countries, and are protected by United States and international trademark laws.
Except as required under applicable law, neither the Content or Trademarks nor any portion of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent. Requests for permission should be directed in writing to our New York office at the address specified below.
Clé de Peau Beauté
390 Madison Avenue, 16th Floor
New York, NY 10017
5. Your Obligations and Responsibilities
6. Your Account
You may choose to register for an account on the Website. If you do, you will have an email address/username and password for your account. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account, username and/or password. You agree to provide only accurate, truthful information. We reserve the right to refuse service and/or terminate accounts without prior notice if you violate these Terms and Conditions or if we decide, in our sole discretion, that it would be in Clé de Peau Beauté best interests to do so.
7. Third Party Links
Clé de Peau Beauté has no responsibility and assumes no liability for the unaffiliated sites to which it is linked
9. Representations and Warranties; Limitation of Liability; Indemnification
THE WEBSITE IS PRESENTED "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE WEBSITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
WE ARE NOT RESPONSIBLE FOR TIMELINESS, ACCURACY, UNAVAILABILITY OR INTERRUPTIONS IN AVAILABILITY, VIRUSES OR OTHER DEFECTS IN THE WEBSITE OR ITS CONTENTS. IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE WEBSITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).
You agree to defend, indemnify and hold CLé DE PEAU BEAUTé, our parent company, affiliates, officers, employees, agents and licensors harmless for any loss, damages, claims, fines, penalties or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your (or anyone acting under your password and user name) use of the Website, any User Content made available on the Website or breach of these Terms and Conditions. You also agree to indemnify CLé DE PEAU BEAUTé for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
10. Fraud Protection
We reserve the right to refuse to process and order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order of our customer service department may call you at the phone number you provided 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 reserve the right to cancel any order using any promotion or promotional code, at our sole discretion. If any order cancellation occurs you will be credited in full for the cancelled order(s). We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
IN THE EVENT OF ANY PERCEIVED ABUSE(S) OF CLé DE PEAU BEAUTé COSMETICS’ SATISFACTION GUARANTEE, TO BE DETERMINED AT THE SOLE DISCRETION OF CLé DE PEAU BEAUTé, A RETURN OR MULTIPLE RETURNS MAY NOT BE HONORED
With respect to any dispute regarding the Website, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of New York, as if the Terms and Conditions were a contract wholly entered into and wholly performed within New York.
13. Consent to Receive Notices Electronically by Posting on the Site and Via Email
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Website. Any changes are effective immediately upon posting to the Website. Your continued use of the Website constitutes your agreement to all such terms and conditions.
15. The California Transparency in Supply Chains Act of 2010 Disclosure
The California Transparency in Supply Chains Act requires that beginning January 1, 2012, retail sellers and manufacturers with annual worldwide gross receipts over $100 million doing business in the state disclose their efforts to eradicate human slavery and trafficking from their direct supply chains for tangible goods offered for sale. The Act requires that the information be posted on the company's website, with a conspicuous link on the company's homepage.
The company must disclose its specific actions in relation to five key points, as described in the Act:
Training: Do you train your employees directly responsible for supply chain management on mitigating the risk of slavery and human trafficking in your supply chain?
We do conduct such training. Employees directly responsible for procurement and supply chain management are trained on such issues as forced labor and child labor.
Certification: Do you require your direct suppliers to certify that the materials incorporated into your product comply with the local laws on slavery and human trafficking?
We do require that our suppliers certify that they comply with those laws of the country in which they operate relating to child labor and forced labor / slavery. We have an ongoing program requiring written agreement from all our direct suppliers to comply with applicable laws and regulations regarding forced labor and child labor.
Verification: Do you engage in third-party verification; have you identified the risk of slavery and human trafficking in your supply chain?
We do not yet engage in 3rd party verification.
Auditing: Do you engage in independent, unannounced auditing to check on adherence to your company standards on slavery and human trafficking?
We do not at this time engage in such independent, unannounced auditing. However, we intend to review our practices in this regard and explore the use of third-party auditors at least with respect to any suppliers operating in high risk territories.
Internal accountability: Are you holding your employees and contractors accountable to your company standards on slavery and human trafficking?
We do have internal standards embodied in our corporate code of conduct and violations of such code can lead to disciplinary action.
16. Ratings & Review Giveaway
The Clé de Peau Beauté Ratings & Review Giveaway Terms and Conditions
To enter eligible participants must provide a product review for a product they have purchased or a product otherwise tried without purchase. No Purchase Is Necessary to Enter to Win. Purchase Will Not Increase Your Chance of Winning.
1. ELIGIBILITY. The Clé de Peau Beauté Ratings & Review Giveaway ("Sweepstakes") is open to persons who are legal residents of, and physically located within, the 50 United States and the District of Columbia, and eighteen (18) years of age or older at time of entry. Void where prohibited. All federal, state and local laws and regulations apply. Employees of Shiseido Americas Corporation, and its affiliates, subsidiaries and advertising and promotional agencies, judges, and the immediate family members (herein, defined as spouse, siblings, children and each of their respective spouses, regardless of residence, and any person living in such a person's household, whether related or not) of each, or of any company affiliated with the Sweepstakes and collectively with the foregoing persons or entities ("Sweepstakes Entities"), are not eligible to participate.
2. ENTRY PERIOD. Sweepstakes begin at 12:00am Eastern Standard Time ("EST") on July 15, 2019, and ends at 11:59pm EST on August 31, 2019.
3. HOW TO ENTER. NO PURCHASE IS NECESSARY TO ENTER:
There are two (2) methods of entry: the Online Method of Entry and the Mail-in Method of Entry outlined below:
Online Method of Entry: During the Entry Period, eligible participants can enter the Sweepstakes by following these steps: Access sweepstakes landing page: https://www.cledepeaubeaute.com/sweepstakes.html. Electronically provide a product review for a product you have purchased or a product that you have otherwise tried without purchase (such as a sample or gift). After successfully submitting a product review and your feedback, plus opting into the Sweepstakes by selecting “Yes” from the opt-in drop down menu to enter the Sweepstakes, you will be entered into the Sweepstakes ("Online Entry"). Inappropriate comments in the product review will be disqualified at the sole discretion of Sponsor.
Mail-In Method of Entry: As an alternative, you may enter by submitting a mail-in entry instead of the Online Entry as described above. To enter via this method, provide your first and last name, street address, phone number and email address on a piece of paper with the product review, insert the paper in a #10 envelope and mail your entry via first-class mail to: Concierge, Clé de Peau Beauté , 390 Madison Avenue, New York, NY, 10017, USA ("Mail-in Entry"). Each Mail-in Entry must be mailed separately. Sponsor is not responsible for late, lost, damaged, illegible or postage due mail. To be eligible for a given drawing, your Mail-in Entry(ies) must be postmarked during the Entry Period and received within five (5) days later.
Online Entry and Mail-in Entry will be referred as “Entry(ies)” Entries using macro, robotic, script or other forms of automatic entry will be disqualified. Sponsor may prohibit an entrant from participating in the Sweepstakes or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, deceiving or using other unfair playing practices. Entries become the property of the Sponsor and will not be returned. Proof of submission does not constitute proof of receipt. Multiple entrants are not permitted to share the same email address. If there is a dispute as to the identity of an entrant, the prize will be awarded to the authorized account holder of the email address associated with the winning entry. The "Authorized Account Holder" is defined as the natural person to whom the email address is assigned by an Internet service provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. If a dispute cannot be resolved to Sponsor's satisfaction, the affected entry will be deemed ineligible.
4. PRIZES and THEIR APPROXIMATE RETAIL VALUES ("ARV"):A total of two (2) prizes will be awarded. Two (2) winners will each receive a set of 14 Enriched Lip Luminizers in a custom non-saleable box. Total ARV of each prize awarded is approximately $900.
Odds of winning a prize will depend on the number of eligible Entries received during the Entry Period. Prizes pictured in advertising, marketing or promotional materials are for illustrative purposes only. Any applicable taxes and all other costs/expenses not specifically identified in these Official Rules are the sole responsibility of each winner. Limit: one (1) prize per household. Prizes are nontransferable, and no substitutions or cash redemptions will be made, other than as provided herein. Sponsor reserves the right to substitute a prize, in whole or in part, of equal or greater monetary value if a prize cannot be awarded, in whole or in part, as described for any reason.
5. RANDOM DRAWING AND NOTIFICATION: Two (2) potential winners will be selected by random drawing. The drawing will be conducted on or about September 6, 2019 at noon EST. Potential Winners need not be present to win, and will be contacted by email or mail if so requested, on or about two (2) business days after the random drawing using the contact information given at the time of entry. Sponsor is not responsible for any change of email address, mailing address, and/or telephone number of entrants. Potential winners may be required to sign an affidavit of eligibility and a liability and publicity release ("Affidavit") within seven (7) days from the date of notification or his/her prize will be forfeited. Prize forfeiture may result from any of the following: i) an Affidavit or a prize notification is returned as undeliverable; ii) the Affidavit is not returned within the date specified on notification; iii) winner is otherwise found to be ineligible; iv) winner cannot accept or receive the prize for any reason; and v) any other non-compliance with these Official Rules. In the event of any prize forfeiture, the Sponsor may, in its sole discretion, award or not award the forfeited prize to an alternate winner. Attempts may be made to notify up to three (3) alternate winners for the unfulfilled prize; after which the unfulfilled prize will not be awarded. Once each potential winner's eligibility is verified, he/she will be confirmed as a winner. As a condition of receiving the prize, winners may be required to furnish his/her Social Security number to the Sponsor and an IRS Form 1099 will be filed in the name of the winner for the value of the prize. Prizes will be sent to the winners within thirty (30) days from the date the winners are confirmed. The Sponsor is not responsible for any returned undeliverable prize and such prize will be forfeited.
7. GENERAL: Entrants utilizing the On-Line Method of Entry must have a valid email address, and it is entrant's responsibility to update Sponsor of any change in email address by emailing email@example.com. By entering this Sweepstakes, entrants agree to be bound by these Official Rules and the decisions of Sponsor on all matters relating to the Sweepstakes, which are final and binding. The winners are solely responsible for all local, state and federal taxes on the prizes, including sales or use taxes. By participating, each entrant agrees to, releases and holds the Sweepstakes Entities and their respective divisions, affiliates, subsidiaries, officers, directors, employees, agents and representatives (collectively "Releasees") harmless from any injury, loss or damage to person, including death, personal injury or loss or damage to property due in whole or in part, directly or indirectly to the acceptance or use/misuse of a prize, participation in any promotion-related activity or participation in the Sweepstakes. By accepting a prize, each winner agrees, where imposing such condition is legal, that Sponsor and their designees shall have the right, but not the obligation, to use of his/her name, city and state of residence and/or likeness for advertising and publicity purposes in any and all media now or hereafter known throughout the world in perpetuity without further compensation, permission or notification and, upon request, will confirm consent to such use in writing. Sponsor are not responsible for any typographical or other error in the offer or administration of this Sweepstakes, or in the announcement of winners and prizes. In the event there is a discrepancy or inconsistency between statements contained in any materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern and control. In the event Sponsor is prevented from continuing with this Sweepstakes, or the integrity and/or feasibility of the Sweepstakes as planned is undermined by any event including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state, or local government law, order, or regulation, order of any court or jurisdiction (each a "Force Majeure" event or occurrence), Sponsor shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel or terminate the Sweepstakes and award each prize from among all eligible Entries received up to that date. All disputes, claims and causes of action at law or in equity (individually, "Claim") arising out of or relating to this Sweepstakes, the meaning or interpretation of the rules or any prize awarded shall be resolved by applying the laws of the State of New York, without regard to conflict of laws provisions therein, and shall be solely and exclusively brought in the state or federal courts within that state. All Claims shall be resolved individually, without resort to any form of class action and all Claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event include attorneys' fees, and under no circumstances will any entrant be permitted to obtain awards for, and hereby waives all rights to claim, punitive, incidental, special, consequential damages and any other damages, other than for actual out-of-pocket expenses, and waives all rights to have damages multiplied or otherwise increased.
8. SPONSOR: Shiseido Americas Corporation, 390 Madison Avenue, New York, NY, 10017, USA
9. WINNER'S LIST: For the names of the Winners, send a self-addressed stamped envelope, or email, on or before September 30, 2019 to: Concierge, Clé de Peau Beauté , 390 Madison Avenue, New York, NY, 10017, USA or to: firstname.lastname@example.org
17. Refer A Friend Program
Clé de Peau Beauté is a portfolio brand of Shiseido Cosmetics America, a division of Shiseido Americas Corporation