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Terms of use

AGREEMENT BETWEEN USER AND POURMOIBEAUTY.COM

Welcome to pourmoibeauty.com. The pourmoibeauty.com website (the “Site”) is comprised of various web pages operated by Pour Moi Beauty LLC (“Pour Moi Beauty”). pourmoibeauty.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of pourmoibeauty.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

POURMOIBEAUTY.COM IS A E-COMMERCE SITE

We offer and sell skincare products and annual Pour Moi Beauty Club memberships.

Prior to submitting an order by clicking the ‘place order’ button on the checkout page, please save or print a copy of these Terms and Conditions to keep on file for future reference regarding the order you are submitting. Please understand that if you do not accept these Terms and Conditions, you will not be able to order any products from our Site.

SCOPE

The following Terms and Conditions, as in force on the date of order, shall exclusively apply to the pre-contractual and contractual relationship between Pour Moi Beauty LLC, the seller of the products on this website (hereinafter referred to as the “Seller”, “we”, “us”) and you (the “Buyer”, “you”, “your”) for the purchase by you of products and/or services (including memberships).

These Terms and Conditions of Sale will supersede any and all other terms and conditions contained in or referred to in order(s), in correspondence or elsewhere and this notwithstanding any provisions to the contrary in such other terms and conditions. The Seller reserves the right to amend these terms and conditions at its sole discretion. Any amendments to these terms and conditions will become effective and apply to orders placed as from the sixtieth day following written notice of the amendments on www.clarinsusa.com or as from such later date as indicated in the notice.

PLACEMENT OF ORDER – OFFER – CONTRACT CONCLUSION

Orders may be placed exclusively online at the website of the Pour Moi Beauty Shop at pourmoibeauty.com (the “Site”) which is available in English. Before placing the order, the Buyer may review and change the order related data at anytime in the shopping bag area of the Site. The Buyer may identify and correct input errors at anytime, before finally submitting the order by clicking the “place order” button, by reviewing the order and the price, reviewing the details of each product and selecting or deselecting a product.

The presentation of products on the Site does not constitute a binding offer from the Seller.

We reserve the right to limit the maximum product quantity and/or the maximum amount per order.

Orders placed by clicking the “place order” button by the Buyer constitute a binding offer to us to enter into a purchase agreement. However, orders may be placed and transmitted only if the Buyer accepts these Terms and Conditions by placing a checkmark in the appropriate check box, thereby including them into his/her offer. Once the Buyer has placed an order with the Seller, we will send him/her an e-mail confirming receipt and listing details of the order (order confirmation) without undue delay. This order confirmation does not constitute acceptance of the offer, but is only intended to inform the Buyer that we received his/her order. A contract of sale shall be concluded only when we ship the ordered product to the Buyer and confirm shipping with a second e-mail (shipping confirmation). No contract of sale shall be concluded for products not listed in the shipping confirmation. The Seller shall be the contracting party. The Seller does not intent to offer products for purchase to minors. Our products may only be purchased by persons who have reached the age of the majority in accordance with the applicable law.

For the avoidance of doubt, these Terms and Conditions shall apply to the formation of any such contract as soon as of your review of the products and services advertised on the Site.

PRODUCT DESCRIPTIONS AND PRICES

We will take all reasonable care to ensure that descriptions, details and prices of the products appearing on the Site are accurate at the time they are entered onto the system. Despite our best efforts, some of the products listed on our Site may be incorrectly priced or described. If a Product’s correct price is higher than the price stated on our Site, we reserve the right to cancel your order prior to sending you shipping confirmation (as defined above) or to supply it at the previously indicated price.

Product prices are in US Dollars and are stated exclusive of delivery charges which will be indicated separately on our Site and before order completion.

While we aim to keep the Site as up to date as possible we do not warrant that product descriptions or other content available on the Site are accurate, complete, reliable, current, or error-free.

DELIVERY

Products advertised for sale on the Site may be ordered only if the invoice and delivery addresses are within the United States of America.

The Seller will make every effort to deliver the product within the term indicated on the Site and in any event within thirty (30) days as confirmed of the order. Nonetheless, the times indicated on the website are indicative only. The Seller shall not be liable in any way if delivery takes place at a later date.

The Buyer shall not be entitled to compensation or contract cancellation due to a delay in delivery, unless the delay was caused by the Seller or its supplier, and can be attributed to wilful misconduct or gross negligence. If the delay in delivery exceeds thirty (30) days, the Buyer shall be entitled to withdraw from the contract and shall be refunded of the payments already effected.

To the fullest extent permitted by the applicable law, if the Seller is unable to deliver the ordered product through no fault of its own, because our supplier does not fulfil its contractual obligations, we shall be entitled to withdraw from the contract vis-à-vis the Buyer, if already entered into. In this case the Buyer will be advised immediately of the unavailability of the product. We will then return the sums paid by you within thirty (30) days beginning with the day after the end of the delivery period if we cannot supply the product purchased by you because it is not available.

The Seller ships all orders via a parcel service (UPS). All items are insured by the Seller until they have been delivered at your address. In case of incomplete or damaged deliveries, please contact orders@pourmoibeauty for a hassle-free exchange or refund.

DUE DATE AND PAYMENT, DEFAULT

Payment can be made by credit cards (Visa, Mastercard or American Express). By using and verifying a credit card, you confirm that the card being used is yours. The amount payable will be debited from your account when your order is accepted by us. 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 us, we shall postpone delivery and contact you. In that case we shall not be liable for any delay or non-delivery. Credit card details will be processed by means of an SSL (Secured Socket Layer) connection. We shall not be liable for any misuse of information by third parties.

Any Payment will only be deemed effected when our bank account will have been irrevocably credited of the amount due.

If the you are in default or if your account cannot be debited upon acceptance of your order, the Seller shall be entitled automatically and without prior notice to charge daily late payment interests at the rate of (i) 5 % p.a. above the applicable statutory interest rate for professionals, and (ii) the applicable statutory interest rate for consumers, as of those events. The Seller explicitly reserves the right to prove additional damages and collection costs and to claim compensation therefor.

RISK AND TITLE

The products will be delivered to the place of delivery specified in the Seller’s shipping confirmation. Risk of loss, damage and theft of the products transfers to the Buyer upon delivery.

Products shall remain the property of the Seller until complete and final payment of the purchase price including any transportation charges, taxes and late payment interests. The Buyer will ensure that the goods subject to retention of title remain at all times recognizable as the property of the Seller. In case the Buyer resells or pledges goods that are subject to retention of title, it will notify the third party that the goods are subject to retention of title from the Seller.

WARRANTY

If the product is defective, the statutory provisions shall apply.

TO THE EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT FOR THE LIMITED WARRANTIES SET FORTH UNDER SECTION 3.2 ABOVE, THE SELLER AND ITS SUPPLIERS MAKE, AND THE BUYER RECEIVES, NO WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND THE SELLER AND ITS SUPPLIERS SPECIFICALLY MAKE NO REPRESENTATIONS WITH RESPECT TO PRODUCTS, ANY CONDITIONS OF QUALITY, AVAILABILITY, RELIABILITY, SECURITY, LACK OF VIRUSES, BUGS OR ERRORS, HIDDEN DEFECTS AND ANY IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR FOR HIDDEN DEFECTS.

LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SELLER SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, MULTIPLE, PUNITIVE OR OTHER INCIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF INCOME, LOSS OF SAVINGS, LOSS OF CLIENTELE, LOSS OF OPPORTUNITY, LOSS OR CORRUPTION OF OR DAMAGE TO DATA, LOST PROFITS, COSTS OF RECOVERY OR ANY OTHER DAMAGES, EVEN WHERE THOSE DAMAGES ARE CONSIDERED AS DIRECT DAMAGES), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT FOR BREACH OF CONTRACT, NON-CONTRACTUAL FAULT, WARRANTY FOR HIDDEN DEFECTS OR OTHERWISE, AND WHETHER OR NOT THE SELLER OR ITS SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL CUMULATIVE LIABILITY OF THE SELLER AND ITS LICENSORS AND SUPPLIERS ARISING OUT OF THESE TERMS AND CONDITIONS SHALL BE LIMITED TO THE SUM OF THE AMOUNTS PAID AND OWING TO THE SELLER FOR THE RELEVANT PRODUCT DURING THE RELEVANT AGREEMENT TERM.

NOTHING IN THESE TERMS AND CONDITIONS WILL EXCLUDE OR LIMIT OUR LIABILITY TO YOU FOR ANY DAMAGED CAUSED BY OUR WILFUL MISCONDUCT OR GROSS NEGLIGENCE, OR FRAUD, DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. THESE TERMS AND CONDITIONS SHALL ALSO NOT AFFECT YOUR STATUTORY RIGHTS THAT YOU HAVE AS A CONSUMER.

POUR MOI BEAUTY CLUB MEMBERSHIPS

From time to time, we may offer different subscription terms: Membership fees or other terms for such subscriptions may vary. Except as expressly set forth below, membership fees are non-refundable. To the extent the Service and Products or any portion of it is made available for any fee, you agree to pay such fees. You also agree to provide Pour Moi Beauty information regarding your credit card or other form of payment. You warrant to Pour Moi Beauty both (1) that such information is true, and (2) that you are authorized to use the payment instrument. You agree to update your account information promptly with any changes that may occur, including changes either in your billing address or your credit card expiration date.

Membership: There are four different memberships. Every membership charges a one-time initial fee to activate the membership and month-to-month payments for the membership to be active. After the one-time initial fee is paid, we will be shipping the Starter Set according to the membership you choose. As an active member, you will receive every three months, 3 skincare products to replenish the Pour Moi Skincare system. The month we ship products, we will automatically charge standard shipping & handling fee in addition to your monthly membership fee.

Ongoing Membership. Your Pour Moi membership which starts after the Initial fee is paid, will continue month-to-month unless and until you cancel your membership or we terminate it. You must provide us with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”) to receive . We will bill the monthly membership fee to your Payment Method. You must cancel your membership before it renews each month in order to avoid billing of the next month’s membership fees to your Payment Method.

Recurring Billing. By starting your Pour Moi membership, you authorize us to charge you a monthly membership fee at the selected membership current rate, and shipping & handling charges you may incur in connection with your use of the Pour Moi membership to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to shipping & handling charges, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.

Billing Cycle. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying membership. Membership fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, if your Payment Method has not successfully settled. In the event your paying membership began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your Pour Moi membership or became a paying member on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your Membership.

No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

Payment Methods. You may edit your Payment Method information by visiting our website and clicking on the “Your Account” link, available at the top of the pages of the Pour Moi Beauty website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. Cancellation. You may cancel your Pour Moi membership at any time. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR PERIODS WHERE NO PORDUCT WAS SHIPPED.To cancel, go to the “Your Account” page on our website and follow the instructions for cancellation.

PRIVACY

Your use of pourmoibeauty.com is subject to Pour Moi Beauty’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

ELECTRONIC COMMUNICATIONS

Visiting pourmoibeauty.com or sending emails to Pour Moi Beauty constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Pour Moi Beauty is not responsible for third party access to your account that results from theft or misappropriation of your account. Pour Moi Beauty and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Pour Moi Beauty does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use pourmoibeauty.com only with permission of a parent or guardian.

CANCELLATION/REFUND POLICY

For Products purchased at Pour Moi Beauty Online Store: Only products (excluding membership services) purchased on pourmoibeauty.com with valid order information may be accepted for exchange or return. Note: Final sale items may not be returned or exchanged. For Annual Membership subscription services: You may cancel your Pour Moi Beauty membership at any time. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY MONTH MEMBERSHIP PERIODS WHERE NO PRODUCT WAS SHIPPED. To cancel, go to the “Your Account” page on our website and follow the instructions for cancellation. Our annual membership programs will continue month-to-month unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews each month in order to avoid billing of the next month’s membership fees to your Payment Method. MEMBERSHIP PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR MEMBERSHIP . PERIODS WHERE NO PRODUCT WAS SHIPPED. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

LINKS TO THIRD PARTY SITES/THIRD PARTY SERVICES

pourmoibeauty.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Pour Moi Beauty and Pour Moi Beauty is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Pour Moi Beauty is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Pour Moi Beauty of the site or any association with its operators.

Certain services made available via pourmoibeauty.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the pourmoibeauty.com domain, you hereby acknowledge and consent that Pour Moi Beauty may share such information and data with any third party with whom Pour Moi Beauty has a contractual relationship to provide the requested product, service or functionality on behalf of pourmoibeauty.com users and customers.

NO UNLAWFUL OR PROHIBITED USE/INTELLECTUAL PROPERTY

You are granted a non-exclusive, non-transferable, revocable license to access and use pourmoibeauty.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Pour Moi Beauty that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Pour Moi Beauty or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Pour Moi Beauty content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Pour Moi Beauty and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Pour Moi Beauty or our licensors except as expressly authorized by these Terms.

USE OF COMMUNICATION SERVICES

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

Pour Moi Beauty has no obligation to monitor the Communication Services. However, Pour Moi Beauty reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Pour Moi Beauty reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Pour Moi Beauty reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Pour Moi Beauty’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Pour Moi Beauty does not control or endorse the content, messages or information found in any Communication Service and, therefore, Pour Moi Beauty specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Pour Moi Beauty spokespersons, and their views do not necessarily reflect those of Pour Moi Beauty.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

MATERIALS PROVIDED TO POURMOIBEAUTY.COM OR POSTED ON ANY POUR MOI BEAUTY WEB PAGE

Pour Moi Beauty does not claim ownership of the materials you provide to pourmoibeauty.com (including feedback and suggestions) or post, upload, input or submit to any Pour Moi Beauty Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Pour Moi Beauty, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Pour Moi Beauty is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Pour Moi Beauty’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

THIRD PARTY ACCOUNTS

You will be able to connect your Pour Moi Beauty account to third party accounts. By connecting your Pour Moi Beauty account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

INTERNATIONAL USERS

The Service is controlled, operated and administered by Pour Moi Beauty from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Pour Moi Beauty Content accessed through pourmoibeauty.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Pour Moi Beauty, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Pour Moi Beauty reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Pour Moi Beauty in asserting any available defenses.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. POUR MOI BEAUTY LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

POUR MOI BEAUTY LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. POUR MOI BEAUTY LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL POUR MOI BEAUTY LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF POUR MOI BEAUTY LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

TERMINATION/ACCESS RESTRICTION

Pour Moi Beauty reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Pour Moi Beauty as a result of this agreement or use of the Site. Pour Moi Beauty’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Pour Moi Beauty’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Pour Moi Beauty with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Pour Moi Beauty with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Pour Moi Beauty with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

CHANGES TO TERMS

Pour Moi Beauty reserves the right, in its sole discretion, to change the Terms under which pourmoibeauty.com is offered. The most current version of the Terms will supersede all previous versions. Pour Moi Beauty encourages you to periodically review the Terms to stay informed of our updates.

CONTACT US

Pour Moi Beauty welcomes your questions or comments regarding the Terms:

Pour Moi Beauty LLC
2335 W Foothill Blvd, Suites 14 & 15
Upland, California 91786

Email Address: ask@pourmoibeauty.com

Telephone number: 1.909.243.1456