Terms of service
1) INTRODUCTION:
These Terms and Conditions ("Terms") constitute a legally binding agreement ("Agreement") between you and CNÉ COSMETICS, Inc. When these Terms mention “CNÉ COSMETICS," "we," "us," or "our", it refers to the CNÉ COSMETICS, Inc. (“CNÉ COSMETICS”). If you use any of our services, we will refer to you by using the terms "user", "visitor", "you", "your", "yours" in these Terms.
This website is owned and run by CNÉ COSMETICS, Inc. (“Us” or "We"). We are an LLC corporation registered in Texas.
Please read through these Terms in conjunction with our Website Terms of Use and Privacy Notice prior to using this Website.
IF YOU DO NOT AGREE TO THE TERMS, YOU MAY NOT USE OUR WEBSITE.
THE SECTION BELOW TITLED “DISPUTES” CONTAINS A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
2) PRIVACY NOTICE:
Please review our Privacy Notice so that you understand our privacy practices.
By using this Website, you warrant that all data provided by you is accurate and up to date. You are responsible for maintaining and promptly updating account information for accuracy and completeness.
3) TERMS OF SALE:
By placing an order, you are offering to purchase a product on and subject to the following Terms. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
You must be 18 years old or the age of majority in your jurisdiction in order to make a purchase on our website. If you are under 18 years old or the age of majority in your jurisdiction, then you may not make a purchase on our website. If you are under 13 years old, you may browse our website; however, you may not provide personal information to us, make a purchase on the website nor register on the Website. This Website is not directed to children under 13 years old. By accessing or using the website, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these terms.
CNÉ COSMETICS retains the right to refuse any request made by you and reserves the right to close your CNÉ COSMETICS online account at our sole discretion. If your order is accepted, we will inform you by email. When placing an order, you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card, PayPal, etc. account used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of products and services may fluctuate. All prices advertised are subject to such changes. Please be aware that some of the goods sold through our websites may not be suitable for children under 18 years of age. Please take extra care when purchasing goods as gifts, for those under 18 years of age.
4) OUR CONTRACT AND HOW THE CONTRACT IS FORMED:
This Website is operated by CNÉ COSMETICS. If you have any questions, whether about our products and services, this website or otherwise, please contact our customer service team.
After placing an order, you will receive an email from CNÉ COSMETICS acknowledging we have received your order (the “Order Confirmation”).
Please note this does not mean your order has been accepted. Your order constitutes an offer to us to buy a product or service. All orders are subject to acceptance by CNÉ COSMETICS, and we will confirm such acceptance to you by sending you an email that confirms the products have been dispatched (the 'Dispatch Confirmation'). The contract between us (the “Contract”) will only be formed when we send you the Dispatch Confirmation. The Contract will relate only to those products whose dispatch we have confirmed.
5) PRODUCTS AND SERVICES FOR PERSONAL USE:
The products and services available on the website, and any samples thereof we may provide to you, are for personal and/or professional use only. You may not sell or resell any of the products or services, or samples thereof, you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our terms.
6) FREE GIFT PROMOTIONS:
From time to time we may run promotions which offer a Free Gift when you make a purchase on the website. Such promotional offers are typically for a limited time period and may be communicated via our subscription marketing emails, SMS and may be advertised directly on the website. Any such promotion shall be subject to its own specific terms, but typically will include one or more of the following:
- Offers are available whilst stocks last
- Exclusions may apply
- Coupon codes may not be eligible alongside 'Free Gift with Purchase' offers
- The 'Free Gift item' should be visible on your cart at checkout - if the item is not in your cart this item will not be included in your order. If it has not been added to your cart, or you are unable to add it for any reason the promotion may have ended, or stock may no longer be available. Please contact customer service for assistance in this case.
- Promotional prices and offers cannot be reinstated after the promotion has ended
- Coupon codes that are not eligible at time of purchase cannot be exchanged for a refund
7) PRICING AND WEBSITE ERRORS
Whilst we try and ensure that all details, descriptions, and prices which appear on this website are accurate, errors may occur. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to cancel or complete delivery of any orders that you may place based on information on the website that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies. If we discover an error in the price of any goods which you have ordered, we will inform you of this as soon as possible. You can then choose if you wish to place a new order at the correct price. When ordering products or services through the website, please note:
• Orders will only be accepted if there are no material errors in the description of the goods or services or their prices as advertised on this Website
• All prices are displayed in your local currency and local tax where applicable unless expressly indicated otherwise
• Packaging may vary from that shown on the Website
• The weights, dimensions and capacities shown on the website are approximate only
• Whilst we try to display the colors of our products accurately on the Website, the actual colors you see will depend on your monitor and we cannot guarantee your monitor's display of any color will accurately reflect the color of the product on delivery
• All items are subject to availability. We will inform you as soon as possible if the product(s) or service(s) you have ordered are not available and we may offer alternative product(s) or service(s) of equal or higher quality and value.
Prices are liable to change at any time, but (other than as set out above) changes will not affect orders in respect of which we have already sent you an Order Confirmation.
Your payment will be made through a secure transaction. All payments are subject to authorization by the card issuer. Card payments are subject to validation checks and authorization by your card issuer. If your card issuer fails to authorize the payment to us, we will not be liable for any delay or non-delivery and may not be able to form a contract with you or we will not be able to proceed with your order. CNÉ COSMETICS must receive full payment for the order at the time the order is processed and before the product is dispatched. A Dispatch Confirmation email will then be sent you.
8) PAYMENT
If your local currency is not applied on your order, you will be charged in the default currency which is USD. The currency conversion will then be applied by your issuing bank. You can pay on the website using credit or debit card, Afterpay /ClearPay (US, Australian, Canadian & UK customers only) or via PayPal if it is available in your region. If you select to pay with card, you can pay with Visa, Mastercard, Diners, Discover, Alipay, and American Express (available for USD only). Upon receiving your order, we carry out a standard pre-authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Goods will not be dispatched until this pre-authorization check has been completed. Your card will be debited once the order has been accepted.
Personal information provided during the order and registration process as a CNÉ COSMETICS customer should be true, accurate, current, and complete in all respects. If any information changes, please contact our customer service team or update your online account details accordingly.
9) REFUNDS AND GENERAL ONLINE RETURNS POLICY
We are currently not accepting returns or exchanges. Please see our return tab for more information.
You have a legal obligation to take reasonable care of the products while they are in your possession, and you will be responsible for any diminished value of the goods resulting from the handling of the goods beyond that necessary to establish their nature, characteristics and functioning.
If you receive an email to inform you that your order was unsuccessful and has been cancelled, it is unlikely that any money was transferred from your account. An authorization may have occurred, which is just a temporary hold on the funds, and no money has been transferred. If you have any concerns or questions to whether your card was charged or 'authorized' please let us know.
10) CANCELLATION REQUESTS:
Unfortunately, we cannot accommodate cancelation requests at this time. Once the order has been submitted, the sale is final.
11) STOCK AVAILABILITY:
All orders for products are subject to availability and in this regard, in the event of supply difficulties or because products are no longer in stock, we will send you an email advising you that we are unable to fulfill your order or one of our customer service team members will contact you.
Free samples offered at checkout are not guaranteed.
12) YOUR ORDER DELIVERY:
Subject to the STOCK AVAILABILITY clause above, we will work to fulfill your order for product(s) listed in the order confirmation within a reasonable period of time unless there are exceptional circumstances. If for any reason we cannot meet the delivery date, you will be informed. Once your order has been dispatched, we will email you the details of your order to the email address provided.
For the purpose of these terms, “delivery” or “delivered” shall be deemed to have occurred upon delivery of the product(s) at the address specified by you when you completed your order or at a selected or such other delivery method as shall be agreed between you and us. If you wish to send products to different addresses you must create a different order for each delivery address.
13) REFUSAL OF ORDER:
CNÉ COSMETICS reserves the right to withdraw any products from this website at any time and or remove or edit any materials or content on this website. We will use our reasonable endeavors to authorize payments submitted to us, there may be exceptional circumstances which mean we may need to refuse to process or accept an order after we have received it or sent you an acknowledgement of receipt, which we reserve the right to do at any time, at our sole discretion. CNÉ COSMETICS will not be liable to you or any other third party by reason of our withdrawing any product from this website, removing or editing any materials or content on this website or for refusing to process or accept an order after we have received it or sent you an acknowledgement of receipt.
Where CNÉ COSMETICS reasonably believes that a refund or replacement request is in misused, made in bad faith or fraudulent, CNÉ COSMETICS reserve the right to refuse a refund or replacement request.
16) INTELLECTUAL PROPERTY:
All information and content available on the website and its look and feel, including but not limited to trademarks, logos, service marks, features, functions, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the "Content") is the property of CNÉ COSMETICS, and is protected by copyrights and trademarks.
Except as set forth in the limited licenses in section below, or as required under applicable law, neither the Content 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 express, prior written consent.
17) LIMITED LICENSES: USE RESTRICTIONS:
We grant you a limited, revocable, non-transferable, and non-exclusive license to access and make personal use of the website. You understand and agree that you will not do or attempt to do or cause any third party to do or attempt to do any of the following in connection with your use of the website:
- Frame or utilize framing techniques to enclose the website or any portion thereof;
- Use any meta tags, "hidden text", robots, spiders, crawlers, or other tools, whether manual or automated, to collect, scrape, index, mine, republish, redistribute, transmit, sell, license or download the Website, Content (except caching or as necessary to view the website), or the personal information of others without our prior written permission or authorization
- Make any use of the website or any content other than for personal use
- Modify, reverse engineer or create any derivative works based upon the website or any Content
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity
- "Stalk" or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way
- Intentionally violate any applicable local, state, national or international law
- Transmit, upload, post, e-mail, share, distribute, reproduce, or otherwise make available any software viruses, malware, program, code, file, or other material intended to interrupt, disrupt, alter, destroy, or limit any part of the Website
- Engage or make any unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of "spam."
We also grant you a limited, revocable, non-transferable, and non-exclusive license to create a hyperlink to the home page of the Website for personal, non-commercial use only. A website that links to the Website (i) may link to, but not replicate, any and/or all of our content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive controversial or illegal or inappropriate for any ages (as determined in our sole discretion); (v) may not portray us or our products or services in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and/or (vi) may not link to any page of the Website other than the home page. 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 and cease any linking unless separately and expressly authorized in writing by us to resume linking.
Any unauthorized use by you of the website or any and/or all of our content automatically terminates the limited licenses set forth previously without prejudice to any other remedy provided by applicable law or these terms.
18) YOUR OBLIGATIONS AND RESPONSIBILITIES:
By accessing or using the website or any content, you agree that you will comply with these terms and any warnings or instructions on the website. You agree that when accessing or using the website or any content, you will act in accordance with the law, custom and in good faith. You may not make any change or alteration to the website or any content or services that may appear on this website and may not impair in any way the integrity or operation of the website. Without limiting the generality of any other provision of these terms, if you default negligently or willfully in any of the obligations set forth in these Terms, you shall be liable for all the losses and damages that this may cause to us, our parents, subsidiaries, affiliates, partners or licensors.
19) YOUR ACCOUNT:
Subject to the age restrictions outlined above, you may view and use many features of the website without registering, including making purchases, but in order to access and use some parts of the website, you may need to register an account with us. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. If there has been an unauthorized use of your password or account, please notify us immediately. You are responsible for providing and maintaining current, complete, accurate and truthful information on your account. You agree to accept responsibility for all activities that occur with your permission or authorization under your account, username and/or password, or because you fail to maintain sufficient security over your account, username and/or password. If you are accessing and using the Website on someone else’s behalf, you represent that you have the authority to bind that person as the principal to all Terms provided herein, and to the extent you do not have such authority you agree to be bound to these Terms and to accept liability for harm caused by any wrongful use of the website or content resulting from such access or use. You may cancel your online account with us at any time mailing us at info@cnecosmetics.com. We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms are violated or if we decide, in our sole discretion, that it would be in our best interest to do so.
20) THIRD PARTY LINKS:
We are not responsible for the content of any third party sites even if they are linked to or from the website. Links appearing on the Website are for convenience only and are not an endorsement by us, our parents, subsidiaries, affiliates or partners of the referenced content, product, service, or supplier. Your use and access of these third party websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of the third party websites or any other websites linked to or from the website, nor do we assume any responsibility or liability for the actions, content, products, or services of such websites, including without limitation, their privacy policies and Terms. You should carefully review the privacy policies and terms of the third party websites you visit.
21) USER CONTENT:
When you transmit, upload, post, e-mail, share, distribute, reproduce or otherwise make available suggestions, ideas, inquiries, feedback, data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials ("User Content") on the Website in any manner, you are entirely responsible for such User Content. You hereby grant to us a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, and otherwise exploit such User Content throughout the world, in all media now known or hereafter developed, for any purpose whatsoever, including without limitation, developing, manufacturing, distributing and marketing products.
You represent and warrant that you own or otherwise control the rights to your User Content. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing, sharing, distributing, reproducing, or otherwise making available User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, fraudulent, inaccurate or misleading; (d) you were compensated for or granted any consideration by any third party; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
We are in no way responsible for examining or evaluating user content, nor do we assume any responsibility or liability for the User Content. We do not endorse or control the User Content transmitted or posted on the Website and therefore, we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using the Website, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Website. You hereby waive all rights to any claims against us for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with User Content.
You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any user content and we reserve the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms, we have the right to remove any User Content that violates these Terms or is otherwise objectionable and we reserve the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms or infringe the rights of others.
22) DELETION OF USER CONTENT:
If you wish to delete certain of your public user content, such as your ratings and reviews posting(s), on the Website or in connection with our mobile applications, please contact us by email at info@cnecosmetics.com and include the following information in your deletion request: first name, last name, user name/screen name (if applicable), email address associated with our website and/or mobile applications, your reason for deleting the posting, and date(s) of posting(s) you wish to delete (if you have it). We may not be able to process your deletion request if you are unable to provide such information to us. Please allow up to 10 business days to process your deletion request.
23) RISK AND TITLE:
Any products ordered will be at your risk from the time of delivery. Ownership of the products will only pass to you when we receive full payment of all sums due in respect of the products, including delivery charges, or upon delivery, whichever is later
24) DISCLAIMER OF LIABILITY:
Due to the nature of this website and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted to or obtained from this website unless otherwise expressly set out on this website. All product descriptions, information and materials posted on this website are provided “as is” and without warranties express, implied or otherwise howsoever arising.
Neither we nor our parents, subsidiaries, affiliates, partners, or licensors make any representations or warranties of any kind whatsoever, express or implied, in connection with these website terms or the website or its contents or services.
You agree that neither we nor our parents, subsidiaries, affiliates, partners, or licensors will be responsible or liable in contract, warranty or in tort (including negligence) for any (a) interruption of business; (b) access delays or access interruptions to the Website; (c) data non-delivery, missed delivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the Website; (e) computer viruses, system failures or malfunctions which may occur in connection with your use of the Website, including during hyperlink to or from third party websites (f) any inaccuracies or omissions in content or (g) events beyond our reasonable control.
Our liability in connection with any product purchased through our website is strictly limited to the purchase price of that product. Nothing in this clause will affect your statutory rights as a consumer or your contract cancellation rights.
Further, neither we nor our parents, subsidiaries, affiliates, partners, or licensors will be liable in contract, warranty, or in tort (including negligence) for any indirect, special, incidental, or consequential damages of any kind (including lost profits) related to the website or your use thereof, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability for such claims exceed one hundred dollars ($50.00).
You agree that no claims or action in contract, warranty, or in tort (including negligence) arising out of, or related to, the use of the Website or these Terms may be brought by you more than one (1) year after the cause of action relating to such claim or action arose. If you are dissatisfied with the website, termination of your use of the website is your sole remedy. We have no other obligation, liability, or responsibility to you.
*Do not rely on information on this site*
Site content is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action based on the content on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
25) WAIVER:
If you breach these terms and we take no action, this is not a waiver of our rights and we will still be entitled to use our rights and remedies in any other situation where you breach these terms.
26) DISPUTES:
You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually, and (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilise class action procedures; and (iii) 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 AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
27) CONSENT TO RECEIVE NOTICES ELECTRONICALLY BY POSTING ON THE WEBSITE AND VIA EMAIL:
You consent to receive any agreements, notices, disclosures and other communications (collectively, "Notices") to which these terms refer from us electronically including without limitation by e-mail or by posting notices on this website. You agree that all notices we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive notices electronically, you must notify us of your withdrawal of such consent by contacting us via email and discontinue your use of this website. In such event, all rights granted to you pursuant to these terms, including but not limited to the LIMITED LICENSES clause above, shall automatically terminate. Unfortunately, we cannot provide the benefits of this website to any user that cannot consent to receipt of notices electronically. This condition does not affect your statutory rights.
Please note that this consent to receive notices is entirely separate from any election you may make with respect to receipt of marketing communications. Your options with respect to receipt of marketing communications are set forth in our Privacy Notice. This condition does not affect your statutory rights.
28) SEVERABILITY:
If any of these terms or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
29) COMPLAINTS:
If you have a complaint about CNÉ COSMETICS, please contact our customer service team here: info@cnecosmetics.com
- ENTIRE AGREEMENT
The above Terms constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and CNÉ COSMETICS. Any waiver of any provision of the terms will be effective only if in writing and signed by the owner of CNÉ COSMETICS. All contracts for the purchase and sale of CNÉ COSMETICS products from the website shall be concluded in the language of these Terms.