Terms and Conditions
Last Updated December 23, 2019
Welcome to the Clé de Peau Beauté website, www.cledepeaubeaute.com (the “Website”).
Clé de Peau Beauté provides the content and services available on the Website to you subject to the following terms and conditions (“Terms and Conditions”). Please read these Terms and Conditions carefully before using the Website. If you do not agree to these Terms and Conditions, please do not use our Website.
PLEASE BE ADVISED THAT THESE TERMS AND CONDITIONS CONTAIN PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN US ARE RESOLVED, WHICH INCLUDES A JURY TRIAL WAIVER AND A CLASS ACTION WAIVER. PLEASE READ THESE PROVISIONS BEFORE USING THE WEBSITE.
2. TERMS OF SALE; SHIPPING & RETURN POLICY
Despite our efforts, occasional pricing errors may occur on the Website. Possession of, or access to, the Website does not constitute the right to purchase products featured. Clé de Peau Beauté is not responsible for typographical or pricing errors. Clé de Peau Beauté reserves the right to revise pricing errors in its catalogs or its website and to cancel any order you have placed if there was an error concerning the price or availability of any item you ordered when you placed the order, even if you have received an order confirmation. No Clé de Peau Beauté employee or agent has the authority to vary any of these terms and conditions governing any sale.
Clé de Peau Beauté sells and ships products to end user customers only through our Website, and application, and Customer Service Call Center. You may not purchase for resale. You may not purchase more than 6 units of a single item in one transaction and/or within a 24 hour window. Clé de Peau Beauté reserves the right, with or without notice, to reduce the quantity of any order to be fulfilled or to refuse or cancel your order if we suspect you are purchasing for resale or are not the authorized buyer.
Please review our Shipping and Returns policies which governs purchases you make on the Website, if any, so that you may understand our sales practices.
Promotions cannot be combined with any other offers or discounts. Offers are not valid on prior purchases. We may restrict promotion redemption to one per client or one per order. Please note, excessive misuse of promotions and codes may result in order or item cancellation.
4. WEBSITE INTENDED AUDIENCE
This Website is intended for and directed to residents of the United States. This Website is not intended for anyone under the age of 13. You must be 18 years old or the age of majority in your jurisdiction of residence to make a purchase on our Website.
5. 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. The Website is provided free of charge and on that basis we have no obligation to provide any maintenance or support services in relation to it and we are not responsible for any loss or damage you may suffer as a result of any failure to maintain or update the Website.
6. 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 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 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 to our New York office at the address specified below.
Clé de Peau Beauté
390 Madison Avenue
New York, NY 10017
7. ELECTRONIC COMMUNICATIONS
The information communicated on the Website constitutes an electronic communication. When you communicate with us through the Website or via other forms of electronic media, such as e-mail, you are communicating with us electronically. You agree that we may communicate electronically, subject to local privacy and anti-spam laws, and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
8. MOBILE FEATURES
We may offer features and services that are available to you via your mobile phone. These features and services may include, without limitation, the ability to browse the Website from your mobile device, upload content to the Website, receive messages from the Website, download applications to your mobile phone or access Website features (collectively, the "Mobile Features"). Standard messaging, data and other fees may be charged by your carrier when you use the Mobile Features. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues. As applicable, instructions on how to opt-out of certain Mobile Features will be disclosed in connection with those Mobile Features. The instructions will typically require you to text a keyword (e.g., "STOP," "CANCEL," "END," "UNSUBSCRIBE," "QUIT," etc.) to the applicable shortcode for the Mobile Feature.
9. YOUR OBLIGATIONS AND RESPONSIBILITIES
10. YOUR ACCOUNT
You may choose to register at our 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.
Clé de Peau Beauté has no responsibility and assumes no liability for the unaffiliated sites to which it is linked to or from, including but not limited to the content or web pages or other, products, services or materials on the site linked to the Website or posted to this Website by anyone other than Clé de Peau Beauté. We may permit some links for convenience, but it is not an endorsement by Clé de Peau Beauté, our affiliates or our partners of the referenced content, product, service or supplier. Please note that the rules and privacy policies of linked sites may differ from those of Clé de Peau Beauté and should be reviewed by you when you use the link to access the other site. We may, in our sole discretion, request that you remove any link to the Website, and upon receipt of such request, you shall immediately remove such link. By connecting to the Website with a third-party service (e.g., Facebook), you give us permission to access and use information, content and/or material you have supplied to that service as permitted by that service, and to store your log-in credentials for that service.
12. USER GENERATED CONTENT
Any unsolicited suggestions, ideas, inquiries, materials, feedback, or other information you provide us (“User Generated Content”) will be treated as non-proprietary and non-confidential and, by submitting such information, you hereby grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute and display such information in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that your submission of User Generated Content may not be returned and we may use your User Generated Content, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. You agree that you will not provide to us any User Generated Content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by Clé de Peau Beauté; that you will not post any User Generated Content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; that you will not impersonate any person or organization, including without limitation, the personnel of Clé de Peau Beauté, or misrepresent an affiliation with another person or organization; you will not post any User Generated Content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Website, or feature of the Website. We have to right to refuse to post, reject, delete, reformat and edit all User Generated Content, in our sole discretion.
13. COPYRIGHT AGENT
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. It is our policy, in appropriate circumstances and at our discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others. If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our copyright agent with the following information: an electronic or physical signature of the copyright owner or 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; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and e-mail address; a written 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; 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. Any notification by a copyright owner or a person authorized to act on such copyright owner’s behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident. Our copyright agent for notice of claims of copyright infringement can be reached by writing to Legal Department, Shiseido Americas Corporation, 390 Madison Avenue, New York, NY 10017, or by emailing DMCA@sac.shiseido.com.
You agree to indemnify, defend, and hold harmless, Clé de Peau Beauté, its affiliates, parent, and their respective officers, directors, employees, agents, licensors, representatives, and third-party providers to the Website from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms and Conditions by you. We reserve the right to assume, at our sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.
This provision does not require you to indemnify us for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website.
15. REPRESENTATIONS AND WARRANTIES; LIMITATION OF LIABILITY
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 SITE 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).
NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS AND LIMITATIONS OF LIABILITY DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM COMPANY INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.
THE TERMS IN THIS SECTION ARE VALID ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
16. JURISDICTION; ARBITRATION AGREEMENT
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.
WE BOTH AGREE TO ARBITRATE: You and Clé de Peau Beauté agree to resolve any claims relating to these Terms and Conditions through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances we 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.
WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this Arbitration Agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
ARBITRATION PROCEDURES: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Terms and Conditions shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures in front of one arbitrator. If there is a conflict between JAMS Rules and the rules set forth in these Terms and Conditions, the rules set forth in these Terms and Conditions will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. To initiate arbitration, you or we must do the following things:
- Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.
- Send three copies of the Demand for Arbitration, plus the appropriate filing fee to: JAMS to your local JAMS office or to JAMS, Two Embarcadero Center, Suite 1500, San Francisco, CA 94111.
- Send one copy of the Demand for Arbitration to the other party.
Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. If travelling to New York is a burden, you may participate in the arbitration by phone or via document submission to the fullest extent allowable by the arbitrator. Each party will bear their own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden and in that case, we will pay for your portion of the arbitration administrative costs (but not your attorneys’ fees). Arbitration under this Arbitration Agreement shall be held in the United States in New York, NY under New York law without regard to its conflict of laws provisions. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of you and Clé de Peau Beauté, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and these Terms and Conditions. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
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.
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 us in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND CLé DE PEAU BEAUTé 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 ARBITRATION AGREEMENT.
OPT-OUT OF ARBITRATION AGREEMENT: You can decline this Arbitration Agreement by emailing us at email@example.com and providing the requested information as follows: (1)Your Name; (2) the URL to these Terms and Conditions; (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 Conditions. The Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms and Conditions by using the Website.
CHOICE OF LAW/FORUM SELECTION: In any circumstances where this Arbitration Agreement permits the parties to litigate in court, 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. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of (i) a state court of competent jurisdiction located in New York County, New York, or (ii) the United State District Court for the Southern District of New York.
17. The Clé de Peau Beauté Product Review Sweepstakes Terms and Conditions
Official Rules: 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.
- Eligibility: The Clé de Peau Beauté Product Review Sweepstakes ("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.
- Entry Period: Sweepstakes begin at 12:00am Eastern Standard Time ("EST") on March 31, 2020, and ends at 11:59pm EST on May 15, 2020.
- How 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.
Prizes and Their Approximate Retail Values ("ARV"): A total of two (2) prize will be awarded. Two (2) winners will receive Clé de Peau Beauté’s 30 ml La Crème. Total ARV of the prize awarded is approximately $550 each.
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 the winners. Limit: one (1) prize per household. Prizes are nontransferable, and no substitutions or cash redemption 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.
- Random Drawing and Notification: The two (2) potential winners will be selected by random drawing. The drawing will be conducted on or about May 22, 2020 at noon EST. Potential Winners need not be present to win, and will be contacted by email 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) the winners are otherwise found to be ineligible; iv) the winners 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 the potential winner's eligibility is verified, he/she will be confirmed as a winner. As a condition of receiving the prize, the winners may be required to furnish their 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.
- 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 firstname.lastname@example.org. 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, the winners agree, 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 is 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.
- Sponsor: Shiseido Americas Corporation, 390 Madison Avenue, New York, NY, 10017, USA
- Winners List: For the names of the Winners, send a self-addressed stamped envelope, or email, on or before May 31, 2020 to: Concierge, Clé de Peau Beauté , 390 Madison Avenue, New York, NY, 10017, USA or to email@example.com
If any provision in these Terms and Conditions is invalid or unenforceable or contrary to applicable law, such provision shall be construed, limited, or altered, as necessary, to eliminate the invalidity or unenforceability or the conflict with applicable law, and all other provisions of these Terms and Conditions shall remain in effect.
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Website and revising the Last Updated date at the top of these Terms and Conditions. Any changes are effective immediately upon posting to the Website. If you do not agree with any of the changes you should stop using the Website. The sections on indemnification and limitation of liability do not apply to New Jersey residents.
20. CALIFORNIA TRANSPARENCY IN SUPPLY CHAIN ACT DISCLOSURE
On January 1, 2012, the California Transparency in Supply Chain Act went into effect in California. This act requires retail sellers and manufacturers doing business in California to disclose the efforts made to ensure its supply chains are free from slavery and human trafficking in effort to eradicate slavery and human trafficking from product supply chains.
Clé de Peau Beauté is committed to being responsible in its global business practices and takes steps with its product suppliers to ensure compliance with Clé de Peau Beauté’ standards of conduct as set forth in Shiseido Group Supplier Code of Conduct, of which Clé de Peau Beauté is a part, and all applicable laws. Clé de Peau Beauté has made the following efforts to ensure compliance by its product suppliers:
Certification: Clé de Peau Beauté requires all product suppliers to confirm in writing that they understand and will adhere to the Shiseido Group Supplier Code of Conduct. The Shiseido Group Supplier Code of Conduct specifically requires product suppliers to certify that all goods are manufactured in compliance with the wage and hour, slavery and human trafficking laws of the country of manufacture and without the use of children or prison, indentured, exploited, bonded, forced or slave labor.
Training: The Shiseido Group’s global procurement and supply chain management teams are trained on the Shiseido Group Supplier Code of Conduct and how to identify possible indicators of human trafficking and slavery in the supply chain to ensure that no risk factors are present.
Audits & Verification: The Shiseido Group’s global procurement and supply chain management teams have the ability to audit product suppliers either itself or conduct an independent third party assessment, including conducting on-site inspections to assess factory conditions and ensure that management is not in violation of slavery and human-trafficking laws.
Accountability: Clé de Peau Beauté will not do business with any supplier who will not agree to comply with the Shiseido Global Supplier Code of Conduct or its other accountability standards. Clé de Peau Beauté will issue a warning to any supplier, employee or contractor who willfully or knowingly fails to comply with these standards and, if the supplier, employee, or contractor fails to take prompt corrective action, Clé de Peau Beauté will enforce disciplinary action including termination of the business relationship.
Clé de Peau Beauté is dedicated to conducting its business with integrity and the highest standard of ethics and seeks the same level of integrity and ethical standards with its vendor and supplier partners. Clé de Peau Beauté will continue to assess all risks and opportunities to ensure that its approach will prevent any injustice or violation of human rights within its supply chain.