General conditions of sale

TERMS OF USE

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PREVIEW

This website is operated by Skinova Beauty. Throughout the site, we use the terms “we”, “us” and “our” to refer to Skinova Beauty. This website, including all information, tools and services available from this site, is offered by Skinova Beauty to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms of Service”), including those terms, conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Site, including without limitation individuals who are visitors, vendors, customers, merchants, and/ or providers of content.
Please read these Terms of Use carefully before accessing and using our website. By accessing or using any part of the Site, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use.

Any new features or tools which are added to this store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page from time to time for changes. Your continued access to or use of the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. This company provides us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 – ONLINE STORE TERMS OF USE

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, province or territory and that you are the age of majority in your state or province or territory and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms, viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

By accepting Skinova Beauty SMS marketing at checkout and initiating a purchase or subscribing through our subscription tools, you agree to receive recurring SMS notifications (for your order, including abandoned payment reminders), SMS marketing offers, and transactional SMS messages, including review requests from us, even if your mobile number is registered on a state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.

If you wish to opt out of receiving SMS marketing messages and notifications, reply STOP to any mobile message sent by us or use the unsubscribe link we have provided in our messages. You understand and agree that the primary method for opting out of our SMS program is to reply with specific keywords (such as “STOP,” “END,” “UNSUBSCRIBE,” “CANCEL,” or “EXIT”) or to use the unsubscribe link provided. We will also honor any other request that clearly expresses your desire to opt out, including phrases such as “please unsubscribe.” We do not charge for the service, but you are responsible for all fees and charges associated with text messaging imposed by your wireless service provider. Message and data rates may apply.

For any questions, text HELP to the number that sent you the messages. You can also contact us at https://skinova-beauty.com/pages/contact for more information.

We have the right to change any telephone number or short code we use to operate the Service at any time. You will be notified on these occasions. You agree that any message you send to a telephone number or short code that we have changed, including any STOP or HELP requests, may not be received, and we will not be responsible for fulfilling any requests made in such messages.

To the extent permitted by applicable law, you agree that we will not be liable for the failure, delay or misdelivery of any information sent via the Service, any errors in such information and/or any actions you may or may not take in reliance on the information or the Service.

Your right to privacy is important to us. You can review our privacy policy https://skinova-beauty.com/pages/privacy-policy to determine how we collect and use your personal information.

Arbitration and Class Action Waiver Agreement:

1. Arbitration:

By using or purchasing Skinova Beauty products or services, you agree that any controversy, claim, action, or dispute between you and Skinova Beauty arising out of or relating to: (a) these Terms, or the breach thereof; or (b) your access to or use of the Skinova Beauty Website or Services or Materials; or (c) any alleged violation of any federal, state, or local law, statute, or ordinance (each such controversy or claim, a “Claim”), shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association in accordance with its applicable rules.

Arbitration is a form of dispute resolution in which the parties agree to submit their disputes and potential disputes to a neutral third party (called an arbitrator) for a binding decision, instead of having those disputes decided in a lawsuit, court, judge, or jury trial. The arbitrator is required to issue a reasoned written award, including all findings of fact and law upon which the award was made. The arbitrator has no authority to make errors of law, and the arbitrator's award may be vacated or corrected by judicial review by a court of competent jurisdiction. Each party's attorneys' fees, expert witness fees, and other costs and expenses incurred in the arbitration will be borne by the party incurring such costs and expenses.

1. Arbitration Procedures:

Claims will be heard by a single arbitrator. Arbitrations will take place in France, but the parties may choose to appear in person, by telephone, or through the submission of documents. The arbitration will be governed by the Federal Arbitration Act (“FAA”) and the internal laws of France, without regard to principles of conflicts of law. Any disputes in this regard will be resolved exclusively by one arbitrator. If, and only if, the arbitrator determines that the FAA does not apply, New York law governing arbitration agreements will apply. All disputes concerning whether the foregoing mutual arbitration provisions are unenforceable, abusive, enforceable, valid, void, or voidable will be decided exclusively by one arbitrator, and not by a court.

2. Exclusion of arbitration:

Notwithstanding the terms of this Arbitration Agreement, you may choose to pursue a claim in court and not through arbitration if you opt out of these arbitration procedures within 30 days of the date you first purchased any of [Brand] 's products or services (the "Opt-Out Deadline"). You may opt out by sending written notice to contact@skinova-beauty.com. Your written notice must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes through arbitration. Your decision to opt out will not adversely affect your relationship with Skinova Beauty . You are responsible for ensuring that Skinova Beauty receives your Opt-Out Notice and therefore may wish to send notice by means that provide written acknowledgment of receipt. Any Opt-Out request received after the Opt-Out Deadline will not be valid, and you must pursue your claim in arbitration.

2. Class Action Waiver:

You and Skinova Beauty agree that you may bring or participate in claims against Skinova Beauty only on an individual basis, and not as a plaintiff or class member in any class, consolidated, or representative proceeding. Unless you and Skinova Beauty otherwise agree in writing, the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated, and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding any other provision contained in this Agreement, any claim that all or any part of this class action waiver is unenforceable, unreasonable, void, or voidable may only be determined by a court of competent jurisdiction and not by an arbitrator.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone at any time and for any reason.

You understand that your content (not including credit card information), may be transferred unencrypted and that this involves (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without our express written permission.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Legal information:

Skinova Beauty is a website operated by LAMOTTE LLC, registered under EIN number: 33-3557194. Its registered office is located at 1209 MOUNTAIN ROAD Pl NE STE N, ALBUQUERQUE NM 87110

Its French warehouse is located at the following address: 21 rue du musée, 59181 Steenwerck, FRANCE.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information on this site is inaccurate, incomplete, or out of date. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical data. By definition, historical data is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information contained herein. You acknowledge that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

The prices of our products are subject to change without notice.

We reserve the right to modify or discontinue the Service (or any part thereof) at any time without notice.

We shall not be liable to you or any third party for any price change, modification, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES (if applicable)

Some products or services may only be available online through the website. Quantities of these products or services may be limited and their return or exchange is strictly subject to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of the products that appear on the store. However, we cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more information, please see our Return Policy.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own discretion and risk and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new services and/or features shall also be subject to these Terms of Use.

ARTICLE 8 – THIRD-PARTY LINKS

Certain content, products and services accessible through our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, nor do we warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

ARTICLE 9 – COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to compensate anyone for any comments; or (3) to respond to any comments.
7. We may, but have no obligation to, remove content and Accounts containing content that we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or intellectual property right. You further agree that your comments will not contain any unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We will not be liable for any comments posted by you or any third-party.

ARTICLE 10 – PERSONAL INFORMATION

Your submission of personal information through our store is governed by our Privacy Policy. Click here to view our Privacy Policy.

ARTICLE 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

ARTICLE 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its content:
(a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state law, regulation, rule, or local ordinance; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

ARTICLE 13 – EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY

We do not guarantee, warrant or represent that your use of our Service will be uninterrupted, secure, timely or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Skinova Beauty, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. possibility that they occur.

Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in such states or jurisdictions shall be limited to the maximum extent permitted by law.

ARTICLE 14 – COMPENSATION

You agree to indemnify, defend and hold Skinova Beauty and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any laws or the rights of a third-party.

ARTICLE 15 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

ARTICLE 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail or have failed to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice. You will remain liable for all amounts due up to and including the date of termination, and we may deny you access to our Services (or any part thereof).

ARTICLE 17 – ENTIRE AGREEMENT

Any failure by us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service. They supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.


ARTICLE 18 – APPLICABLE LAW

These Terms of Service, as well as any separate agreements whereby we provide you Services, shall be governed by and construed in accordance with the laws of 225 Avenue des Marronniers, 38300 Bourgoin-Jallieu, France.


ARTICLE 19 – MODIFICATIONS TO THE TERMS OF USE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check our website from time to time for changes. Your continued access to or use of our website and the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.


ARTICLE 20 – CONTACT DETAILS

Questions regarding the Terms of Service should be sent to us at contact@skinova-beauty.com.