Terms & conditions
The following Terms of
Service and any other rules posted on our Site (collectively the
"TOS") constitute an agreement between « Soins de beauté
Yzorane ». ++(« we », « our », « us », « Yzorane Biocosmetics »)
and you, the visitor, governing your access and use
of all content and functionalities available at the Yzorane Biocosmetics website, related micro-sites accessed through the URL www.yzorane.com, related domain names,
and any other website or micro-site of Yzorane Biocosmetics (collectively the "Site").
By visiting the Site, you
are accepting and consenting to the practices described in the TOS. We may
modify the TOS from time to time and your continued use of this Site (or any of
our other Sites) following such change shall signify your agreement to be bound
by the modified TOS.
Those persons wishing to
use our services must read and agree to be bound by our policies relating to
those services. In particular, we draw your attention to our policies relating
to the terms of purchase and our Privacy Policy.
Please read the TOS and
check back often. If you do not agree to any change to the TOS, then you must
immediately stop using the Site.
REGISTRATION
To use some of the services
or features made available to you on this Site you will need to register. When
you register you are required to provide information about yourself that is
true, accurate, current, and complete in all respects. Should any of your
registration information change, please notify us immediately at the following
e-mail address customerservice@yzorane.com. We may also change registration requirements from time to time.
The account password you
provide should be unique and kept secure, and you must notify Yzorane Biocosmetics immediately of any breach of security or unauthorised use of your
account. Although Yzorane
Biocosmetics will not be liable for your
losses caused by any unauthorized use of your account, you may be liable for Yzorane Biocosmetics losses or others due to such unauthorized use.
Please refer to our Privacy
Policy for information about how we use your data.
ELIGIBILITY
TO PURCHASE
The purchase of merchandise
through the Site is strictly limited to parties who can lawfully enter into and
form contracts on the Internet in accordance with the laws of the Province of
Quebec.
In order to make purchases
on the Site you will be required to provide your personal details. In
particular, you must provide your real name, phone number, e-mail address and
other requested information as indicated. Furthermore, you will be required to
provide payment details that you represent and warrant are both valid and
correct and you confirm that you are the person referred to in the Billing
information provided.
The Site is available only
to individuals and others who meet the Yzorane Biocosmetics terms of eligibility, who have been issued a valid credit by a bank
acceptable to Yzorane Biocosmetics, and who have authorized Yzorane Biocosmetics to process a charge
or charges on their credit card in the amount of the total purchase price for
the merchandise which they purchase. Products purchased by the buyer are for
personal or gift use and should not be re-sold, used for commercial purposes or
any other commercial benefit. In addition, Yzorane Biocosmetics reserves the right to restrict multiple quantities of an item being
shipped to any one customer or postal address.
By making an offer to
purchase merchandise, you expressly authorized us to perform credit checks and,
where Yzorane Biocosmetics feels necessary, to transmit or to obtain your credit card information
or credit report information (including any updated information) to or from
third parties solely to authenticate your identity, to validate your credit
card, to obtain an initial credit card authorization and/or to authorize
individual purchase transactions.
Furthermore, you agree that
we may use personal Information provided by you in order to conduct appropriate
anti fraud checks. Personal Information that you provide may be disclosed to a
credit reference or fraud prevention agency, which may keep a record of that
information.
ORDERS
All orders are subject to
acceptance and availability, and Items in your shopping basket are not reserved
and may be purchased by other customers.
Yzorane
Biocosmetics offers products for sale
that are in stock and available for dispatch from our distribution center.
PRICING
POLICY
Prices shown on the Site
are in Canadian Dollars and are exclusive of taxes.
Product prices are set at
the beginning of each season using existing currency exchange rates. These
prices are subject to change if the applicable currency exchange rate changes
before your order is accepted or the items are subject to markdowns at any time
during selling period.
Customers purchasing from a
country served as DDP will incur relevant import duty and tax. These costs are
included in the final purchase price. Customers purchasing from a country
served as DDU will be charged for the items purchased and shipping costs only.
Import duty or tax costs will be invoiced to you directly from DHL or an import
broker appointed by you. We recommend you contact your local customs authority
to determine a landed cost price prior to purchase completion.
If you are a customer whose
credit/debit card is not denominated in US Canadian, the final price will be
calculated in accordance with the applicable exchange rate on the day your card
issuer processes the transaction.
ACCEPTANCE
OF YOUR ORDER
Once you have made your choice
and your order has been placed, you will receive an email acknowledging the
details of your order. This email is NOT an acceptance of your order, just a
confirmation that we have received it.
Unless you cancel your
order, acceptance of your order will be perfected upon completion of the
packing of your order. Completion of the contract between you and Yzorane Biocosmetics will be perfected when we dispatch the goods to you at which time you
will receive a second email confirming that your order has been dispatched. The
sale contract is concluded in Montreal. If you live in the Province of Quebec,
the language of the contract is French but could be English with your express
consent. The language of the contract will be English if you buy from outside
of Canada or from Canada but outside the Province of Quebec. Neither our third
party payment processor nor our nominated courier has the authority to accept
an order on behalf of Yzorane Biocosmetics.
We reserve the right not to
accept your order in the event, for example, that we are unable to obtain
authorization for payment, that shipping restrictions apply to a particular
item, that the item ordered is out of stock or does not satisfy our quality control
standards and is withdrawn, or that you do not meet the eligibility criteria
set-out within the TOS.
Furthermore, we may refuse
to process a transaction for any reason or refuse service to anyone at any time
at our sole discretion. We will not be liable to you or any third party by
reason of our withdrawing any merchandise from the Site whether or not that
merchandise has been sold, removing, screening or editing any materials or
content on the Site, refusing to process a transaction or unwinding or
suspending any transaction after processing has begun.
Whilst every effort is made
to make sure details on our website are accurate, we may from time to time
discover an error in the pricing of products. If we discover an error in the
pricing of a product in your order, we will let you know as soon as possible.
We shall be under no obligation to accept or fulfil an order for a product that
was advertised at an incorrect price and reserve the right to cancel such an
order that has been accepted or is in transit. If you order a product that is
priced incorrectly for any reason, we will email you to inform you that we have
not accepted your order and/or that the relevant part of your order has been
cancelled. If you have already paid for the goods, we shall refund the full
amount as soon as we are able. In the event that products are recalled in
transit, we will process your refund once the products have been returned to
us.
PAYMENT
Payment can be made by
Visa, MasterCard, American Express, and any other methods which may be clearly
advertised on the site from time to time. Payment will be debited and cleared
from your account upon completion of the packing of your order by Yzorane Biocosmetics. You confirm that the credit card that is being used is yours or that you
have been specifically authorized by the owner of the credit card to use it.
All credit card holders are subject to validation checks and authorization by
the card issuer.
If the issuer of your
credit card refuses to authorize payment to Yzorane Biocosmetics we will not be liable for any delay or non-delivery. Occasionally, high
demand causes us to run out of certain items. If we don't have an item that you
have ordered in stock, we'll notify you by email immediately.
Sometimes, an item is out
of stock and not expected to come back in stock, so we must cancel the item. In
this case, if you paid with a credit card, we will not charge you for the item
or any taxes, shipping or handling charges.
We take reasonable care to
make our Site secure. All credit card transactions on this site are processed
using Paypal Payment Pro, a secure online payment gateway that encrypts your
card details in a secure host environment
To help ensure that your
shopping experience is safe, simple and secure Yzorane Biocosmetics uses Secure Socket Layer (SSL) technology.
Furthermore, we take
reasonable care, in so far as it is in our power to do so, to keep the details
of your order and payment secure, but in the absence of negligence on our part
we cannot be held liable for any loss you may suffer if a third party procures
unauthorized access to any data you provide when accessing or ordering from the
Site.
PROMOTION
CODES
Promotion codes are non-transferable
and there is no cash alternative. Furthermore, they cannot be used in
conjunction with any other promotion code or offers, and must be redeemed by
the date published, if provided.
INSURANCE
AND DELIVERY
You will own the goods on
and from the later of the point in time when: (a) we receive payment in full,
or (b) we deliver the goods to you.
Please note that we aim to
dispatch all orders within 5 to 14 business days. Delivery times appearing on
the Site are estimates and are to be used as a guide only and commence from the
date of dispatch. Yzorane
Biocosmetics is not responsible for any
delays caused by destination customs clearance processes.
RETURNS
AND EXCHANGES
Refer to the website’s
Shipping and Returns section.
INTELLECTUAL
PROPERTY RIGHTS
You acknowledge and agree
that all copyright, designs, the "look and feel" of the Site,
trademarks and all other intellectual property and material rights relating to
the Content as herein described, including all HTML and other code contained in
this Site, shall remain at all times vested in Yzorane Biocosmetics and/or are the property of their respective owners. All such Content,
including third party trademarks, designs and related intellectual property
rights mentioned or displayed on this Site are protected by federal and state
laws and regulations and international treaty provisions. You are permitted to
use the Content only as expressly authorized by Yzorane Biocosmetics and/or its third party licensors. Any reproduction or redistribution of
the above listed Content is prohibited and may result in civil and criminal
penalties. Violators will be prosecuted to the fullest extent permissible under
applicable law. Without limiting the foregoing, copying and use of the above
listed materials to any other server, location or support for publication,
reproduction or distribution is expressly prohibited.
CONTENT
In addition to the
Intellectual property rights mentioned above, "Content" is defined as
all information such as the "look and feel" of the Site, data files,
graphics, text, photographs, drawings, logos, images, sounds, music, video or
audio files on this Site. Yzorane Biocosmetics tries to ensure
that the information on this site is accurate and complete. Yzorane Biocosmetics does not warrant or represent that Yzorane Biocosmetic’s Content is accurate, error-free or reliable or that your use of Yzorane Biocosmetic’s Content will not infringe rights of third parties. Your use of the Site
is at your risk. Yzorane
Biocosmetics does not warrant that the
functional aspects of the Site or Yzorane Biocosmetic’s Content will be error free or that this Site, Yzorane Biocosmetics Content or the server that makes it available are free of viruses or
other harmful components. If your use of this Site, or Yzorane Biocosmetics Content results in the need for servicing or replacing property,
material, equipment or data, Yzorane Biocosmetics is not
responsible for those costs. Without limiting the foregoing, everything on the
Site is provided to you "as is" and "as available" without
warranty of any kind, either expressed or implied, including, but not limited
to, the implied warranties of merchantability, satisfactory quality, fitness
for a particular purpose, reasonable care and skill, or non-infringement. Yzorane Biocosmetics and its suppliers make no warranties about Yzorane Biocosmetics Content, software text, downloads, graphics, and links, or about results
to be obtained from using the Site. You bear the entire risk of the
completeness, accuracy or usefulness of any Content found on this Site. Yzorane Biocosmetics reserves the right to withdraw, temporarily or permanently, any Content
from this Site at any time and for any reason. Removal may be immediate and
without notice. You confirm that Yzorane Biocosmetics is not liable
to you or any third party for any such withdrawal.
NO
COMMERCIAL USE
This Site is for your
personal non-commercial use only. You may not modify, copy, distribute,
transmit, display, perform, reproduce, publish, license, commercially exploit,
create derivative works from, transfer, or sell any content, software,
products, or services contained within this Site. You may not use this Site, or
any of its Content, to further any commercial purpose, including any
advertising or advertising revenue generation activity on your own Site.
YOUR
ACTIVITY
You use this Site at your
sole risk. You agree that you will be personally responsible for your use of
this Site and for all of your communication and activity on this Site. We
reserve the right to deny you access to this Site, or any part of this Site, at
any time without notice. If we determine, in our sole discretion, that you
engaged in prohibited activities, were not respectful of other users, or
otherwise violated the TOS, we may deny you access to this Site on a temporary
or permanent basis and any decision to do so is final.
You agree that you shall
not remove, obscure, or alter any proprietary rights notices (including
copyright and trade mark notices) which may be affixed to or contained within
the Site.
You agree not to collect or
harvest any personally identifiable information, including account names, from
the Site, nor to use the communication systems provided by the Site for any
commercial solicitation purposes. You agree not to solicit, for commercial
purposes, any users of the Site with respect to any submissions made by them.
THIRD
PARTY
We may include hyperlinks
on this Site to other websites or resources operated by parties other than Yzorane Biocosmetics, including advertisers. Yzorane Biocosmetics has not
reviewed all of the sites linked to its Site and is not responsible for the
content or accuracy of any off-site pages nor are we responsible for the
availability of such external websites or resources, and do not endorse and are
not responsible or liable, directly or indirectly, for the privacy practices or
the content of such websites, including (without limitation) any advertising,
products or other materials or services on or available from such websites or
resources, nor for any damage, loss or offence caused or alleged to be caused
by, or in connection with, the use of or reliance on any such content, goods or
services available on such external websites or resources.
GENERAL
While Yzorane Biocosmetics will use reasonable endeavors to verify the accuracy of any information
it places on the Site, it makes no warranties, whether express or implied in
relation to its accuracy. This Site is provided on an "as is" and
"as available" basis without any representation or endorsement made
and we make no warranties of any kind, whether express or implied, in relation to
this Site, or any transaction that may be conducted on or through this Site
including but not limited to, implied warranties of non-infringement,
compatibility, security, accuracy, conditions of completeness, or any implied
warranty arising from course of dealing or usage or trade.
We make no warranty that
this Site will meet your requirements or will be uninterrupted, timely, secure
or error-free, that defects will be corrected, or that this Site or the server
that makes it available are free of viruses or bugs or represents the full
functionality, accuracy, reliability of the materials. We will not be
responsible or liable to you for any loss of Content or material uploaded or
transmitted through this Site.
To the fullest extent
permissible under applicable law, we disclaim any and all warranties of any
kind, whether express or implied, in relation to the products available through
this Site including but not limited to, implied warranties of satisfactory
quality and fitness for a particular purpose. Nothing in these TOS shall limit
your rights as a consumer under the laws of the Province of Quebec.
You acknowledge that we
cannot guarantee and therefore shall not be in any way responsible for the
security or privacy of this Site and any information provided to or taken from
this Site by you.
INDEMNIFICATION
At our request, you agree
fully to defend, indemnify and hold harmless Yzorane Biocosmetics immediately on demand, its officers, directors, agents, affiliates,
licensors, and suppliers, from and against all liabilities, claims, expenses,
damages and losses, including legal fees, arising from any breach of the TOS by
you or any other liabilities arising out of your use of this Site, or the use
by any other persons accessing this Site using your Internet account. We
reserve the right, at our own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you hereunder.
This defense and indemnification obligation will survive these TOS and your use
of the Site and the Services.
General legal terms
(a) Complete Terms: The TOS constitute the whole legal agreement between
you and Yzorane Biocosmetics and govern your use of the Services and completely replace any prior
agreements between you and Yzorane Biocosmetics in relation to
the Services. Notwithstanding the foregoing, you understand that Yzorane Biocosmetics may make changes to the TOS from time to time. When these changes are
made, Yzorane Biocosmetics will make a new copy of the TOS available at www.yzorane.com. You agree that Yzorane Biocosmetics is under no
obligation to provide you with notices regarding changes to the TOS. You
understand that it is your responsibility to check the TOS regularly for changes.
(b) Modifications to the Services: Yzorane Biocosmetics is constantly innovating in order to provide the best possible
experience for its users. You acknowledge and agree that the form and nature of
the Services which Yzorane
Biocosmetics provides may change from
time to time without prior notice to you. You further acknowledge and agree
that Yzorane Biocosmetics may stop (permanently or temporarily) providing the Services (or any
features within the Services) to you or to users generally at Yzorane Biocosmetic’s sole discretion, without prior notice to you.
(c) Confidentiality: You understand that Yzorane Biocosmetics grants the operators of public search engines permission to use spiders
to copy materials from the site for the sole purpose of creating publicly
available searchable indices of the materials, but not caches or archives of
such materials. Yzorane
Biocosmetics reserves the right to
revoke these exceptions either generally or in specific cases.
(d) Liability in the Event of Breach: You agree that you will comply
with all of the provisions of the TOS. You understand that you are solely
responsible for (and that Yzorane Biocosmetics has no
responsibility to you or to any third party for) any breach of your obligations
under the TOS and for the consequences including any loss or damage which Yzorane Biocosmetics may suffer) of any such breach.
(e) Rights Not Waived: You agree that if Yzorane Biocosmetics does not exercise or enforce any legal right or remedy which is
contained in the TOS (or which Yzorane Biocosmetics has the benefit
of under any applicable law), this will not be taken to be a formal waiver of Yzorane Biocosmetics rights and that those rights or remedies will still be available to Yzorane Biocosmetics.
(f) Severability: If any court of law, having the jurisdiction to decide
on this matter, rules that any provision of these TOS is invalid, then that
provision will be removed from the TOS without affecting the rest of the TOS.
The remaining provisions of the TOS will continue to be valid and enforceable.
(g) Governing Law: The TOS, and your relationship with Yzorane Biocosmetics under the TOS, shall be governed by the laws of the Province of Quebec.
You and Yzorane Biocosmetics agree to submit to the exclusive jurisdiction of Federal and Provincial
courts of the Province of Quebec district of Montreal and waive any claim or
defense of inconvenient forum or lack of personal jurisdiction in such forum
under any applicable law or decision or otherwise.
(h) Independent
Relationship: You and Yzorane Biocosmetics are independent
contractors, and these TOS, including but not limited to submission or
distribution of any Content you created, will not, in whole or in part,
establish any relationship of partnership, joint venture, employment, franchise
or agency between the you and Yzorane Biocosmetics. Neither party will have
the power to bind the other or incur obligations on the other's behalf without
the other's prior written consent. Neither party is authorized to act as an
agent or representative of the other or for or on behalf of the other party in
any capacity other than as expressly set forth in the TOS. Neither party shall
in any manner advertise, represent or hold itself (or any of its agents) out as
so acting or being authorized so to act, or incur any liabilities or
obligations on behalf of, or in the name of, the other party, unless
specifically provided for in the TOS.