TERMS AND CONDITIONS OF USE AND PRIVACY PROTECTION POLICY
to include any content from the Web site to a product, Web site or service that the User or a third party creates, publishes or distributes;
to use the Web site in a manner that could affect its proper functioning or security, or violate the rights of any person or generally accepted ethical standards;
except with the written consent of Caudalie or for the purpose of transactions with Caudalie, to use the Web site for commercial uses or in the course of commercial activities.
1. CAUDALIE WEBSITE
1.1. WEBSITE CONTENT
The content of the Caudalie Web site is provided for informational purposes only and cannot replace the advice of physicians, pharmacists or other health care professionals. Also, some Products presented on the Web site may not have been approved by Health Canada or any other government agency. The content of the Web site and the Products sold by Caudalie are not intended to diagnose, treat, cure or prevent any condition or disease, and have to be used strictly in accordance with their instructions, precautions and guidelines.
In addition, Caudalie reserves its right to make any correction required in the event that erroneous information is found on the Web site and cannot be held responsible for such errors or for any claim based on failure to timely update the Web site.
1.2. UNAUTHORIZED USES
It is forbidden for a User:
1.3. EXTERNAL INFORMATION, APPLICATIONS AND INTERNET SITES
Caudalie offers no guarantee to the User as to the accuracy or completeness of the information provided by third parties or included on the sites of third parties accessible or linked from the Caudalie Web site or on the security or terms of protection covering personal information on such external Internet sites.
1.4. ONLINE ACCOUNT
The User has the duty to maintain the confidentiality of the information on his or her account created on the Web site, including the password, and remains solely responsible for any use of such account. Caudalie is indeed entitled to act, without incurring any liability, on all instructions received from anyone using your account.
The User has also the duty to immediately notify us of any unauthorized use of the Username, password or account, or of any other breach of security that he or she may be aware of.
The User is liable for any damage that may be suffered by anyone due to the submission via the Web site of erroneous, fraudulent, obsolete or incomplete information.
1.5. ACCOUNT DEACTIVATION
Caudalie reserve its right to deactivate or cancel any User account in its sole discretion, including for the following reasons: death of the User, written request from the User, lack of response following repeated communication attempts with the User, or fraudulent or prohibited use of account.
1.6. USER CONTENT
The Web site may allow the submission, hosting, sharing, downloading, publishing and/or republishing of various forms of content by Users, such as materials, statements, reviews, ratings, opinions, personal accounts, documents images, graphics, logos, designs, videos, text files, audio files, and comments.
Each User shall be solely responsible for his or her own User content, and for the consequences of posting or publishing it. Caudalie does not endorse any User content or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with such User content. Caudalie reserves its right to pre-screen User content and has the right (but not the obligation) in its sole discretion to refuse, move, and/or remove any User content that is available on or through the Web site.
Any User content shall be deemed non-confidential and non-proprietary to the User and may be viewed by other Users of the Web site. By providing such content, the User grants Caudalie a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit the User content in all formats and distribution channels now known or hereafter developed (including in connection with the Web site and Caudalie’s business), without further notice to, or consent from the User, and without the requirement of payment to the User or any other person or entity.
The User also agrees that Caudalie, its affiliates and its licensees are free to use such content including theories, ideas, models, concepts, hypotheses, know-how or techniques in any such User content for any purpose, including, but not limited to, developing, manufacturing and marketing products, services and content using such information, without any credit, notice, approval or compensation to the User.
The User represents and warrants that he or she is either the sole and exclusive owner of all of his or her own content or that he or she has all rights, licenses, consents and releases necessary to grant Caudalie the license to use such User content as set forth above, and that neither the User content nor the submission, uploading, publishing or otherwise way to make it available nor Caudalie’s use of such content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree not to provide User content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as it may be so determined by Caudalie in its sole discretion. Users are also prohibited from using the Web site for the purposes of spreading propaganda, promotion, or proselytizing, for professional, commercial or political reasons (such as advertising or making references to other products).
Caudalie does not guarantee that third parties or Users of the Web site will not duplicate, counterfeit, imitate, copy, modify, distribute or otherwise use or misuse the User content posted on the Web site.
Also, the User acknowledges that in using the Web site and accessing its content, he or she may encounter material that he or she may consider to be disturbing, offensive or objectionable and that the use of the Web site is at the sole risk of the User. Caudalie shall have no liability for material that may be considered by the User as disturbing, objectionable or offensive.
2. TRANSACTIONS WITH CAUDALIE
2.1. PRICE AND AVAILABILITY OF PRODUCTS
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.
2.3. CONFIRMING ORDERS
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.
2.5. PROVISIONS APPLICABLE TO CAUDALIE SERVICES
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.
2.6. RETURN OF PRODUCTS
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.
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.
3. PRIVACY PROTECTION POLICY
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.
3.1. COOKIES AND SIMILAR TECHNOLOGIES
To obtain this information, please send an email message to email@example.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).
3.2. COLLECTION AND USE OF PERSONAL INFORMATION
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 firstname.lastname@example.org or postal address of the Company.
3.3. SECURITY OF TRANSACTIONS
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.
4. INTELLECTUAL PROPERTY
The name "Caudalie", as well as any other appellation, logo or design related to the company or its Products, are trademarks that are the exclusive property of Caudalie.
All trade names or trademarks of third parties on the Web site appear with permission from their respective owners or under the principle of fair or nominal use. Unless otherwise indicated, by the use on the Web site of a trade name or trademark of a third party, Caudalie does not suggest any affiliation with or any endorsement of such a third party or its products or services whatsoever, and hereby expressly disclaims any such endorsement or affiliation.
The User is not permitted to use any of these trademarks in any way without express prior written consent.
Unless otherwise indicated, the Web site and all its content are protected by copyright.
Any content on the Web site shall not be reproduced, distributed, photocopied, played with, linked or transmitted with super-links, loaded into other servers in a mirroring method, stored in information retrieval system, or otherwise used for any commercial purpose by any person by any means, unless otherwise downloaded or reproduced for private and non-commercial purposes (provided however, that such use shall not include any revision to the content, and that the copyright notices and other proprietary notices shall be retained in the same form and manner as on the original).
Any material or information sent by a User through the Web site shall not contain any proprietary rights (including copyrights, trademarks, patents, claims for unfair competition, moral rights or rights under an implied contract), and the User hereby waives the right to receive any cash consideration or other compensation in connection with communications that may include such rights.
TO THE FULL EXTENT AS PERMITTED BY LAW, THE WEB SITE AND ITS CONTENT, INCLUDING THE PRODUCTS SOLD ON THE WEB SITE, ARE PROVIDED TO THE USER ON AN “AS IS” BASIS (EXCEPT FOR WARRANTIES PROVIDED IN WRITING FOR SPECIFIC PRODUCTS). CAUDALIE DISCLAIMS ALL WARRANTIES ABOUT THE WEBSITE OR THE PRODUCTS, INCLUDING ALL WARRANTIES OR IMPLIED CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY IMPLIED REPRESENTATION OR WARRANTY ARISING OUT OF OR PROVIDED IN THE NORMAL COURSE OF BUSINESS OR AS A TRADE CUSTOMS, AND ANY WARRANTY THAT THE WEB SITE MAY AT ALL TIMES BE OPERATED WITHOUT INTERRUPTION, ERROR FREE OR FREE FROM RISKS OF VIRUSES OR PROGRAMS THAT MAY DAMAGE COMPUTERS.
WHILE CAUDALIE PROVIDES CERTAIN ENCRYPTION TECHNOLOGIES AND USES OTHER REASONABLE PRECAUTIONS TO PROTECT PERSONAL INFORMATION, CAUDALIE DOES NOT AND CANNOT GUARANTEE OR WARRANT THAT THE INFORMATION TRANSMITTED THROUGH THE WEBSITE IS SECURE AT ALL TIMES, OR THAT SUCH TRANSMISSIONS ARE FREE FROM DELAY, INTERRUPTION, INTERCEPTION OR ERROR.
CAUDALIE DISCLAIMS ALL LIABILITY FOR ANY DAMAGES, INCLUDING ANY INDIRECT, PUNITIVE, CONSEQUENTIAL OR SPECIAL DAMAGES REGARDING THE WEB SITE OR THE PRODUCTS, EVEN IF SUCH DAMAGES ARE FORESEEN OR FORESEEABLE.
CAUDALIE EXPRESSLY DISCLAIMS ANY LIABILITY FOR CLAIMS RELATED TO NORMAL WEAR AND TEAR OF ANY SOLD PRODUCT, TO THE MISUSE OR ABUSE OF THE PRODUCT, TO ANY CHANGE TO THE PRODUCT OR TO THE WRONG CHOICE OR SELECTION OF PRODUCT.
FOR EACH ORDER, CAUDALIE'S LIABILITY IS LIMITED TO THE PURCHASE PRICE PAID BY THE USER IN RELATION TO THE RELEVANT SPECIFIC ORDER.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM CAUDALIE’S WEB SITE OR FROM ANYONE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
6. GENERAL PROVISIONS
The User may only resolve disputes with Caudalie on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
Also, at the exclusive discretion of Caudalie, appropriate legal proceedings may also be filed in all jurisdictions where any wrongful conduct or damage to Caudalie may have been or be taking place.
Caudalie shall not be held responsible for the non-execution, in whole or in part, of any of its obligations towards the User, or for damages or losses that the User could incur should the non-execution, damages or losses result from a case of force majeure or a natural disaster.
For any question, you may reach Caudalie's customer service department using the following contact information:
Caudalie Canada, Inc.
700 - 1255 Bay Street
Toronto, ON M5R 2A9
Phone: 1 (866) 826-1615 - Monday through Friday, from 9 AM to 6 PM (EST).