TERMS AND CONDITIONS OF USE AND PRIVACY PROTECTION POLICY

These Terms and Conditions of Use (the “Terms of Use”) constitute a contract between Caudalie Canada Inc. (“Caudalie”) and the user (the “User(s)”) of its Web site https://ca-en.caudalie.com or any related mobile or electronic application. In case of disagreement with the terms of these Terms of Use, the User shall leave the Web site immediately.

PLEASE READ THESE TERMS CAREFULLY, WHICH INCLUDE IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. BY ACCESSING OR USING THE WEB SITE, YOU ARE ENTERING INTO A LEGAL CONTRACT WITH CAUDALIE AND YOU AGREE TO BE BOUND BY THESE TERMS AND ALL ADDITIONAL TERMS INCORPORATED BY REFERENCE.

Supplemental terms regarding purchasing products (the “Product(s)”), shipping procedures, returns, promotions and other matters, including the loyalty program myCAUDALIE, may apply to certain Products or certain parts of the Web site, and are disclosed to the Users in connection with the applicable Products or the applicable parts of the Web site. These supplemental terms are in addition to and shall be deemed a part of these Terms of Use.

These Terms of Use and the Web site may be modified or suspended by Caudalie in its sole discretion and without notice.

The Products offered on the Web site, their prices and their availability may vary depending on where Caudalie distributes its Products, or if they are sold from the Web site, and may be modified at any time without notice. Caudalie shall not be held to make a formal offer of the Products, but rather to solicit offers from the Users.

In addition, Caudalie and its retailers are not required to offer Products or promotions, or to adjust its prices according to what may be posted on the Web site. Unless otherwise stated, the amounts shown on the Web site are in Canadian currency, and applicable taxes are based on the delivery address.

Caudalie reserves its right, with or without prior notice and without liability for any inconvenience, to reject, correct, cancel or terminate any order for any reason, including shortage of inventory, or to subject any order to special conditions that the User may accept or refuse (such as quantity limits, restrictions on resale, territories where Caudalie do not deliver, etc.).

No order can be canceled if the Products covered by that order have already been shipped.

When the User has validated his payment, a summary of the order will be sent electronically to the e-mail address entered by the User at the time of identification, prior to placing the order. In the event of an error in entering the e-mail address or, more generally, not receiving the order summary, Caudalie cannot be held liable.

This order confirmation will summarize the following: the payment, delivery and, if applicable, delivery charges, the characteristics of the ordered Product(s);

- the address where the User can submit his claims, the information relating to after-sales service and commercial guarantees.

If the confirmation of the order does not arrive within 24 hours following the completion of the order, the User can get in touch with our Customer Relation Service via the Contact form. Similarly, if the User has a question about previous orders, he can contact Caudalie via this same form.

Caudalie will proceed to the delivery of the Products covered by an order upon full payment of the order.

The order will be executed within 30 days at the latest from the day following the validation of the order by the User. In the event that the execution may not be done in that time period for any reason, Caudalie will inform the User.

Delivery of Products is subject to the applicable rules and time periods of Canada Post or of the delivery service provider selected by Caudalie. Caudalie is not responsible for delays in delivery, or for loss or damage sustained during delivery that are attributable to Canada Post or to any other delivery service provider.

Delivery fees shall be assumed by the User. However, Caudalie may, in its discretion, proceed to delivery at its own expenses at the conditions that may be determine from time to time, such as the purchase of a minimum order amount.

Due to air transportation regulations and restrictions, certain items considered to be hazardous materials, including aerosols and alcohol-based products (such as perfumes), are restricted and can only be shipped by land transport.

The delivery and billing addresses must be located in Canada for orders placed on the Web site. For orders intended for territories other than Canada, the User can access the main site www.caudalie.com and consult the list of countries to which Caudalie may proceed to deliveries.

Caudalie's Spa and Boutique services are generally offered through gift certificates (except for "à la carte" services), which are effective for the services and until the date indicated thereon. Beyond this date, Caudalie reserves its right to charge a supplement to provide the services covered by the certificates.

In order to use a gift certificate, the User (or the beneficiary) shall book an appointment with the spa or boutique that has been selected when ordering. Failure to be present at the appointment, postponement or cancellation of the appointment by the User (or by the beneficiary) less than 48 hours before the appointment will result in the final loss of the gift certificate, which will not be reimbursed by Caudalie.

If you choose to use Social Features, information you post or provide access to may be publicly displayed on the Web Properties or by the provider of the Social Feature that you use. Similarly, if you post information on a third party platform that references Caudalie or any of its affiliates (e.g., by using a hashtag associated with Caudalie or Caudalie in a tweet or status update), your post may be published on the Web Properties in accordance with the terms of the third party website or service. In addition, Caudalie, its affiliates and the third party may have access to certain information about you and your use of the Web Properties and the third party site or service. In addition, we may receive information about you if other users of a third party website give us access to their profiles and you are one of their “connections,” or information about you is otherwise accessible through your “connections” web pages, profile pages, or similar pages on a social networking or other third party website or interactive service.

The information we collect in connection with Social Features is subject to this Privacy Notice. The information collected and stored by the third parties remains subject to those third parties’ privacy practices, including whether the third parties continue to share information with us, the types of information shared, and your choices with regard to what is visible to others on those third party websites or services.

If you are not satisfied with your purchase on the Web site, please contact our customer service department within 14 days of delivery of your Product.

Please note that upon receipt of the Products covered by an order, the User shall ascertain the conformity of these Products and that any abnormal condition in relation to the delivery (such as a missing or broken Product, or a damaged parcel) shall imperatively be reported by the User to Caudalie on the day of reception or at the latest the first business day following the reception of the Products.

Any returned Product must be unopened in its original packaging, and all components of the returned Product, including any free item delivered with the Product covered by the order, must be returned with the Product.

Your account will be credited for the amount of your purchase following the verification of the return of the Product to the following address (or to any other address as instructed by our customer service department):

Caudalie Canada, Inc.
ATTN: RETURNS/EXCHANGES
90 Admiral Boulevard, Mississauga, ON
L5T 2W1 CANADA

Please note that Caudalie does not refund original shipping costs nor cover return costs. No Product purchased through the Web site may be returned to a retailer or distributor of Caudalie. Likewise, no Product purchased from a retailer or distributor of Caudalie can be returned through the Web site’s customer service.Caudalie reserves its right to limit or refuse the return of a Product at any time when the reason for return by the User results from his or her own fault, or his or her wrong choice of Product.Caudalie reserves its right to proceed at any time to the free replacement of a returned Product, without any compensation or refund being due to the User. In the case of unavailability of such Product, the User will be informed accordingly, and with his or her prior agreement, a Product of a similar quality and price will be proposed.

This Privacy protection policy applies to all personal information about the User that may be used to identify him or her, and that we collect or receive from any source (for example, name, address, and other contact information, financial information, etc.), including information of that nature that we may receive in the course of any transaction between the User and Caudalie (online transactions and purchases through retailers).

The User is free to submit any personal information to Caudalie. However, some personal information is essential for the provision and quality of the services that Caudalie offers, and Caudalie cannot provide certain services or Products if the User chooses to withhold such information.

Our Web site uses cookies, which are small computer files stored on the computer's hard disk and recording information concerning the computer User's browsing on internet sites (history of access on web pages, date, time and duration of access).

To obtain this information, please send an email message to americas@caudalie-usa.com with “Request for California Privacy Information” in the subject line and in the body of your message. We will provide the requested information to you at your email address in response. Please be aware that not all information sharing is covered by the “Shine the Light” requirements, and only information on covered sharing will be included in our response.

Cookies are used to personalize your subsequent use of the Web site or third party sites such as Google (they are therefore generally treated as personal information). Thus, you can benefit from advertisements that may interest you rather than advertisements chosen on a random basis.

It is possible to block cookies or to disable certain of their parameters by configuring your search engine accordingly. However, it is possible that such a change may affect the effectiveness or the use of certain features of the Web site or of other sites (such as the possibility to make certain online transactions).

Except as provided for in this Privacy Protection Policy or as otherwise permitted or required by law, Caudalie does not collect or share any personal information without the consent of the User otherwise than for the purpose of transactions and communications (e.g. collecting name and contact details in order to create a customer profile, communicate with you, send you products, to keep track of past orders, etc.) made by the User with Caudalie.

Caudalie may also, without being under the obligation to do so, collect, store and share personal information when reasonably necessary to enforce its rights, to protect the property, rights, or safety of others, or to pursue available remedies or limit the damages that Caudalie may sustain for any reason.

However, Caudalie may disclose personal information to affiliated companies, employees (to the extent necessary to perform their duties towards customers and towards Caudalie) or service providers (such as providers of services for the storage or processing of data, delivery services, payment services), to the extent that the agreement between such persons and Caudalie provides for appropriate confidentiality terms covering personal information

Personal information may also be disclosed in the event of an acquisition, dissolution, merger, sale of business, or other disposition of all or any portion of Caudalie's assets, business, or stock, including a bankruptcy or similar proceeding.

The personal information we collect about our Users is stored in confidential and secure databases. It is important to note that when we do business with a service provider or any other person mentioned in the preceding’s paragraphs and when that person is located outside of Canada, or when we use our own facilities outside of Canada for storing or processing data, foreign government authorities may obtain your personal information through orders issued under the laws that are applicable on their territories. Also, such laws may provide for different rules on protection of personal information.

The personal information that we collect about our Users is retained for the duration of their relationship with Caudalie, increased by a period of three years thereafter, and is then archived to meet certain legal requirements, or are kept on an anonymous basis for study and statistics purposes.

However, we retain certain data after the deletion of the account of an User when such retention is provided by law, or when such retention is necessary to prevent and detect fraud, breaches of Web site security, activities that may be prohibited or unlawful or reassignment of that information to a different person, as well as for the protection of Caudalie's rights and remedies.

All Users have the right to review and correct or update the personal information that we have collected about them, as well as the right to stop receiving communications from Caudalie for marketing or quality control purposes. To exercise one or more of these rights, the User may contact Caudalie at canada@caudalie.com or postal address of the Company.

The TLS ("Transport Layer Security") protocol, or the SSL ("Secure Socket Layer") protocol, is used on the Web site so that any information that is processed on the site is encoded before being transmitted so as to prevent the unauthorized interception of User data as effectively as possible.