Welcome to ClubCosmetíque.com. ClubCosmetíque.com (the “Site”) is owned and operated by Cosmetíque, Inc. (”Cosmetíque”). Please read these terms and conditions of use carefully before using this Site. By using this Site, you agree to the terms and conditions set forth below. If you do not agree with the terms and conditions of this Legal Statement, please do not use this Site.
2. Trademarks and Copyright
All trademarks, service marks and trade dress on the Site that are registered trademarks of Cosmetíque or International Cosmetics and Fragrances in the United States and other countries, may not be used without obtaining prior written permission from Cosmetíque or International Cosmetics and Fragrances as appropriate. In addition, all content included on this Site, such as text, graphics, logos, button icons, images, audio clips and software, is owned by Cosmetíque or its content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all contents on this Site is the exclusive property of Cosmetíque and is protected by U.S. and international copyright laws. All software used on this Site is owned by Cosmetíque or its software suppliers and is protected by U.S. and international copyright laws. The content and software on this Site may be used for your personal use only as a shopping resource and any other use is strictly prohibited.
3. Permitted Use of Materials
You may not copy or distribute, modify, republish, upload, post or transmit any content and material on the Site in any way, without the prior written consent of Cosmetíque, except as follows: You may download one copy of the material on one computer for your personal, non-commercial home use only, provided you do not delete or change any copyright, trademark or other proprietary notices. Modifications or use of the materials for any other purpose violates the intellectual property rights and other rights of Cosmetíque or its content suppliers. You agree to use this Site for legitimate shopping purposes only. You agree not to harm this Site in any way, or otherwise use the Site in any improper manner, including, but not limited to hacking into the Site’s systems, spoofing or faking e-mail headers or slowing or stopping the functionality of the Site. If you register and/or purchase product from this Site, you agree to provide true, accurate, current and complete information about yourself as prompted by the forms on the Site. If you provide any information that is untrue, inaccurate, not current or complete, or Cosmetíque suspects that to be the case, Cosmetíque has the right to suspend or terminate your account and refuse any and all current or future use of this Site.You may create a password and account when you register. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify Cosmetíque of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. Cosmetíque will not be liable for any loss or damage resulting from your failure to comply with this paragraph.
4. Purchase Related Policies
The products and services available on this Site are for your personal use only. You may not sell or resell any of the products or services you purchase or otherwise receive from us. Cosmetíque reserves the right, with or without notice, to cancel or reduce the quantity of any order that Cosmetíque believes, is our sole discretion, may result in the violation of our Policies.
The products and services available on this Site are for inquiries made in the United States and/or for purchases destined for locations within the United States. All inquiries regarding international transactions should be forwarded to customer service.
The prices shown on this Site are for Internet orders. Prices on some items may differ from those shown in advertising in other media or channels. Prices, inventory and availability are subject to change without notice.
5. Your Contributions to this Site
Cosmetíque will consider all contributions from you such as remarks, suggestions, ideas, graphics, materials or other information as non-confidential and free of any claims of proprietary or personal rights. All contributions to this Site or to Cosmetíque are, and shall remain forever, the sole and exclusive property of Cosmetíque free from any claims by you or others, and may be used by Cosmetíque for any purpose whatsoever, commercial or otherwise, without compensation, payment or any other obligation to anyone, including you. By providing any contributions, you also authorize us to use or allow others to use the contributions for any purpose whatsoever. Cosmetíque will not incur any liability as a result of any similarities that may appear in future Cosmetíque operations.
6. Representations and Warranties; Limitation of Liability
This Site is provided by Cosmetíque on an “AS IS” basis. Cosmetíque makes no representations or warranties of any kind, express or implied as to the operation of the Site, the information, content, materials or products included on the Site. To the full extent permissible by applicable law, Cosmetíque disclaims all warranties, express or implied, including, but not limited to, the implied warranties and/or conditions of merchantability or satisfactory quality and fitness for a particular purpose and non-infringement.
You agree that, to the fullest extent permitted by applicable law, Cosmetíque will not be liable for any damages of any kind (whether in contract, tort or otherwise) under any circumstances arising from the use of the Site, including, but not limited to direct, indirect, incidental, punitive and consequential damages. Cosmetíque does not warrant or make any representations that (1) the Site or the server that makes it available are free of viruses or other harmful components. (2) the use or the results of the materials in the Site in terms of their correctness, accuracy, reliability, or otherwise, (3) your use of this Site will be uninterrupted. Cosmetíque has no duty to update the Site or the content hereof, and Cosmetíque will not be liable for any failure to update such information. Cosmetíque makes no representations regarding the content of any other Websites which you may access from the Site. A link to a non-Cosmetíque Website does not mean that Cosmetíque endorses or accepts any responsibility for the content or use of such Website.
Cosmetíque will not be liable for any damages or injury, including but not limited to special or consequential damages, caused by any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or line failure. Cosmetíque will not be liable for any damages or injury, including but not limited to special or consequential damages, resulting from the use of, or the inability to use, the materials in this Site, even if there is negligence on the part of Cosmetíque or if an authorized Cosmetíque representative has been advised of the possibility of such damages, or both. Applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. Cosmetíque’s total liability to you for all losses, damages, and causes of action (whether in contract, tort, or otherwise) will not be greater than one hundred U.S. dollars ($100.00).
You agree to defend, indemnify and hold Cosmetíque harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action or demand resulting from your use of this Site. You also agree to indemnify Cosmetíque from any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software tools, spiders, crawlers, or similar data gathering devices, or any other action that you take that imposes an unreasonable burden or load on our infrastructure.
You agree that jurisdiction and venue for adjudication of all disputes between you and Cosmetíque is properly located in only the United States of America in the United States District Court for the Northern District of Illinois or the Illinois State Court in Lake County, Illinois. You consent to jurisdiction and venue therein. The convenience of witnesses and the parties will be served by adjudication of disputes in the aforementioned forums and you and Cosmetíque request that any court shall honor this section.
10. Automatic Renewal Terms
With respect of Club Cosmetique subscription, you agree that Cosmetique may submit periodic charges (e.g., monthly) to your chosen payment method without further authorization from you, until you provide prior notice that you wish to terminate this authorization or to change your payment method. You agree that such notice will not affect charges submitted before Cosmetique reasonably could act.
11. Monthly Subscriptions
By joining Club Cosmetique, you agree and acknowledge that your subscription has an initial and recurring payment charge at the then-current subscription rate and you accept responsibility for all recurring charges prior to cancellation, including where applicable any charges processed by Cosmetique after the expiration date of your payment card.
12. Automatic Monthly Renewal Terms
Your subscription will be automatically renewed for successive monthly periods and your payment method will automatically be charged for each successive monthly period at the then-current subscription rate at the time of shipment until you cancel your Monthly Subscription renewal.
13. Cancellation Policy for Monthly Subscription Renewals
To cancel your Monthly Subscription at any time, you may (i) call (800) 621-8822 and ask one of our customer service representatives to cancel your membership for you, or (ii) email us at email@example.com and request your membership to be canceled.
14. Online Payments
Club Cosmetique offers the option to pay for unpaid beauty collections with a credit or debit card via the “Make a Payment” page (https://clubcosmetique.com/make-payment). By completing and submiting the form, you authorize Cosmetique to initiate a payment in the amount specified in the form, from the credit card or debit card account specified in the form.
By ticking the checkbox labeled “Charge future beauty collections to this card”, you authorize Cosmetique to keep the specified credit or debit card on file, and to charge any upcoming beauty collections to the specified card at the time of shipment (applicable to current members of Club Cosmetique only). For more information on automatic renewals, see section 10 of Terms and Conditions.