Terms of Service
Effective Date: December 1, 2020
Terms of Service
This website is operated by L’EAU SWISS. Throughout the site, the terms “we,” “us,” and “our” refer to L’EAU SWISS. L’EAU SWISS offers this website, including all information, tools, services, and other content available on this site to you, the user, conditioned upon your acceptance of all the terms, conditions, policies, and notices stated in these Terms of Service (hereinafter, the “Terms”). These Terms do not apply if you buy L’EAU SWISS products from any source other than our website (if, for example, you buy L’EAU SWISS products from one of our authorized distributors or retailers). The distributors and retailers will have their own terms and conditions that will apply if you buy L’EAU SWISS products from them (and you should make sure you understand any such terms).
Please read these Terms carefully before accessing or using our website. Your access to and use of the site or our services is conditioned upon your compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use our site or services.
By accessing or using any part of the site or our services, you agree to be bound by these Terms. If you do not agree to any or all of the terms and conditions set forth in these Terms, you do not have permission to access the site or use our services.
Any new features or tools, which are added to the current site or our services, shall also be subject to these Terms. You can review the most current version of these Terms at any time on this page. We reserve the right to update, change, modify, or replace all or any part of these Terms by posting updates, modifications, and/or changes to our site. It is your responsibility to check this page periodically for any such changes or updates. Your continued use of or access to the website or our services following the posting of any changes, modifications, or updates constitutes your express acceptance thereof.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms, you represent and warrant that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of our site or services, violate any applicable laws in your jurisdiction (including, but not limited to, copyright laws). You shall not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of these Terms will result in an immediate termination of our services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the site or our services, use of our services, or access to our services, or any contact on the website through which the services are provided, without our prior written permission. The headings used in these Terms are included for convenience only and shall not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We may, but have no obligation to, update our product and service offerings on the site, and may experience delays in updating information on the site or in our advertising on other websites. You agree that it is your responsibility to monitor changes to our site. We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. The information found on this site may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the site, and we cannot guarantee the accuracy or completeness of any information found on the site. We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products and services are subject to change at any time without notice in our sole discretion. We reserve the right to modify or discontinue any products, services, or the site (or any part or content thereof) without prior notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of any of our products, services, or the site.
SECTION 5 – PRODUCTS AND SERVICES
All material and information presented by L’EAU SWISS is intended to be used for personal, educational, or informational purposes only. The statements and products sold through L’EAU SWISS are not intended to diagnose, treat, cure, or prevent any condition or disease.
The beauty advice provided on this site and/or the tools made available to define your beauty profile or beauty routine are merely simulations intended for assisting you. These information and tools are provided to you for strictly indicative purposes and shall in no event replace a medical diagnosis or clinical consultation, nor be substituted for a medical treatment. L’EAU SWISS does not offer any guarantee regarding these beauty advices or the use of such tools and assume no liability for any use you may make thereof. For any further information or in the event of doubt, we recommend that you consult your physician.
All products should be used strictly in accordance with their instructions, precautions and guidelines. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the site before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. L’EAU SWISS does not give or intend to give any answers to medical related questions and this site does not replace any medical professional or medical resource. L’EAU SWISS does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the site. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.
Certain products or services may be available exclusively online. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy (Return and Exchanges) which is located at firstname.lastname@example.org
We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis at our sole discretion. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations or that any errors in the services will be corrected.
SECTION 6 – PURCHASE OF PRODUCTS
You may only purchase or order Products from our website for non-commercial and lawful purposes and any other use is not permitted. You may not buy Products from our website for business and/or resale purposes. Purchase of Products through our website is subject to availability. L’EAU SWISS reserves the right, at its sole discretion, to limit the quantity of Products purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process. In particular, please check the quantities, sizes and weights of each of the Products in your order. By clicking the “Purchase order” you are committing to buy and pay for the Products in your order. This is an offer from you to enter into a contract with us to buy the Products in your order. The contract is subject to these Terms. By placing an order, you confirm that you accept these Terms. After you place an order, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. If we accept your order, we will confirm this to you by sending you an email (“Order Acceptance”). The contract between us will only be formed when we send you the Order Acceptance. We will send you a further email when the products in your order have been shipped (“Shipping Confirmation”). The Order Acceptance will also include details of your rights to cancel the contract – please read this information carefully as it is important that you are aware of your rights. We reserve the right at any time after receipt of your order to accept or reject your order and contact you at the e-mail address provided in the order form of L’EAU SWISS’s decision to accept or reject your order. If L’EAU SWISS rejects the order, you will have no obligation to pay L’EAU SWISS for the order. Only the Products listed in the Order Acceptance are included in the contract between you and us. If there are any errors in your Order Acceptance, please contact us as soon as possible at email@example.com. L’EAU SWISS also reserves the right, at its sole discretion, to cancel any Order Acceptance for any reason. Some situations that may result in your order being rejected or cancelled include: limitations on quantities available for purchase, a product you ordered may be subject to a product recall, inaccuracies or errors in product or pricing information, or credit and fraud issues identified by us. If we are unable to supply you with a Product (because, for example, that Product is not in stock or is no longer available) we will inform you of this by email and we will not process your order. If you have already paid for the Product(s), we will refund you the full amount as soon as possible. You confirm that you shall only use any products you buy from us in compliance with all applicable federal, provincial, or local laws or regulations, including without limitation laws concerning labeling or trade compliance, and in a manner that does not violate the rights of any third party. The sale of any goods by us does not convey a license, express or implied, under any patent, patent applications, copyrights, trademarks, trade secrets or other proprietary rights in which we have an interest.
SECTION 7- DELIVERY
Your order will be fulfilled by the estimated delivery date set out at checkout, unless there is an event outside of our control (please see section 22 below for more information about these events). If we are unable to meet the estimated delivery date because of an event outside of our control, we will contact you with a revised estimated delivery date. Delivery will be completed when we deliver the Products to the address you gave us (so please make sure that the delivery details you provided are accurate as we cannot be responsible for any delayed or failed deliveries as a result of your error). If you order Products from our website for delivery outside of Canada, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order. You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such laws or regulations.
SECTION 8 –ACCURACY OF BILLING
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account. You are responsible for maintaining the confidentiality of your account and password, including, but not limited to, the restriction of access to your computer or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our site or a third-party service provider. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account or billing information. You may not use the billing information or identity of another person or entity without proper prior authorization. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion without notice.
SECTION 9 – ACCOUNT AND PASSWORD
You agree that you will not create or have more than one (1) account at any given time for the website and that you will only provide us with true, accurate, current and complete information at all time when you create or register for an account, or when you place an order.
You are solely responsible for maintaining the secrecy of your account password. Your account is for your personal use only. You may not authorize others to use your account or transfer your account to any other person. You are solely responsible for all uses of your account and any activity performed through it, and you acknowledge that L’EAU SWISS expressly disclaims any liability in this regard.
We reserve the right to disable your user account or password, to suspend or terminate your right to use your account, your access to the website or any services (or any portion thereof), at any time, without prior notice, in our sole discretion for no or any reason, including without limitation, if we consider that you have failed to comply with any of the terms of these Terms.
If you register with us, you will be asked to provide your e-mail address and password as part of our security procedures. You must treat such information as confidential and you must not disclose it to any third party. We have the right to disable any accounts and/or passwords, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
SECTION 10 – L’EAU SWISS’S RIGHTS
We are the owner or licensee of all intellectual property rights on the website and its content, the L’EAU SWISS name and mark and L’EAU SWISS’s product names, images and packaging. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You are not granted any right to use, and may not use, any of our intellectual property rights other than as set out in these Terms. You must not use our website (or any part of it or its content) for commercial purposes; however, you may download material from the website solely for non-commercial, personal use by you. No part of the website, including, without limitation, the text, designs, graphics, photographs and images contained in it, may be copied, reproduced, republished, uploaded, re-posted, modified, transmitted or distributed or otherwise used in any way for any non-personal, public or commercial purpose without our prior written consent. Any communications or materials you send to us through the website by electronic mail or other means will be treated as non-proprietary and non-confidential (other than communications in respect of your order if you use the website to buy L’EAU SWISS products from us). We are free to publish, display, post, distribute and otherwise use any ideas, suggestions, concepts, designs, know-how and other information contained in such communications or material for any purpose, including, but not limited to, developing, manufacturing, advertising and marketing us and our products.
SECTION 11 – THIRD-PARTY LINKS
Certain content, products, and services available via our site may include materials from or links to third party websites or services, which are not controlled or owned by us. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating their content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party website or services. We do not warrant the offerings of any third-party providers or their websites.
You acknowledge and agree that we shall not be liable, whether directly or indirectly, for any harm, loss, or damages caused or alleged to be caused by or in connection with your use or reliance on such content, goods, resources, transactions, or services available on or through any third-party websites. We strongly advise you to review carefully any third-party’s policies, terms, conditions, and practices before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third-party.
SECTION 12 – OPTIONAL TOOLS
We may provide you with access to third-party tools which we neither monitor nor have any control or input over. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of such optional third-party tools. Any use by you of optional tools offered through the website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which such tools are provided by the relevant third-party provider(s). We may also, from time to time, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
SECTION 13 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example, contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation to: (1) maintain any comments in confidence; (2) pay compensation for any comments; or (3) respond to any comments. We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violating any party’s intellectual property rights or these Terms. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the site or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 14 – PERSONAL INFORMATION
SECTION 15 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site, products, or services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the site or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend, or clarify information on the site or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the site or on any related website, should be taken to indicate that all information on the site or on any related website has been modified or updated.
SECTION 16 – PROHIBITED USES
In addition to other prohibitions as set forth in these Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the site or any related website, other websites, or the Internet. We reserve the right to terminate your use of the site or any related website for committing any of the prohibited uses.
SECTION 17 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of our site or services will be uninterrupted, timely, secure, error-free, or free of viruses or other harmful content. We do not warrant that the results that may be obtained from the use of the site will be accurate or reliable. You agree that from time to time we may remove the site for indefinite periods of time or cancel the site at any time, without prior notice to you. You expressly agree that your use of, or inability to use, the site or our services is at your sole risk. The site and all products and services delivered to you through the site are (except as expressly stated otherwise) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the site, any of our services or products procured using the site, or for any other claim related in any way to your use of the site or any product or services, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the site or any content (or product) posted, transmitted, or otherwise made available via the site, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY, IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF US UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TWO HUNDRED U.S. DOLLARS ($200.00).
SECTION 18 – INDEMNIFICATION
You agree to indemnify, defend, and hold L’EAU SWISS harmless, as well as our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from and against any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party, or your wrongful conduct, or your use of the site. These obligations will survive any termination of your relationship with us or your use of the website. We reserve the right to assume the defense and control of any matter subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
SECTION 19 – SEVERABILITY
In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, and any such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 20 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes. We may terminate or suspend your access to the site, our services, or these Terms at any time without prior notice or liability in our sole discretion for any reason whatsoever, including, but not limited to, your violation of any provision of these Terms. You may terminate these Terms at any time by discontinuing our services and/or products and ceasing to use our site. Notwithstanding any termination of these Terms, you will remain liable for all amounts due and outstanding up to and including the date of termination. All provisions of these Terms which by their nature are intended to survive the termination of these Terms shall survive the termination of these Terms, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
SECTION 21 – NO WAIVER; ENTIRE AGREEMENT; AMBIGUITIES
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on this site or in respect to our services or products constitutes the entire agreement and understanding between you and us and govern your use of the site, our products, and our services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 22 – GOVERNING LAW; JURISDICTION; ATTORNEY’S FEES
These Terms are governed by and construed in accordance with the laws of the Province of Quebec and any federal laws of Canada, without giving effect to any conflict of law principles. Should situations arise where international laws may be applicable or there be conflict with other jurisdictional laws, the governing law(s) will be applied. The United Nations Convention on Contracts for the International Sale of Goods will not apply in any way to these Terms or to the transactions contemplated by these Terms.
You expressly agree that any claim or dispute with L’EAU SWISS, its affiliates, employees or representatives, or relating to these Terms, or relating in any way to your access, use or content of the website (including any order placed on this website), will be subject to the exclusive jurisdiction of the courts of Quebec, Canada. The prevailing party in any dispute arising hereunder or from your use of the website shall be entitled to an award of its reasonable attorney’s fees and legal costs against the non-prevailing party.
TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND L’EAU SWISS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE AND/OR PRODUCTS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
YOU HEREBY WAIVE ANY RIGHT TO JURY TRIAL IN CONNECTION WITH ANY ACTION OR LITIGATION IN ANY WAY ARISING OUT OF OR RELATED TO THESE TERMS, THE PRODUCTS, OR YOUR USE OF THE WEBSITE.
SECTION 23 – FORCE MAJEURE
If L’EAU SWISS’s performance of any of its obligations stipulated herein, or in the order confirmation, is delayed due to an event of force majeure or for any other reason beyond L’EAU SWISS’s control (including, but not limited to, total or partial disruption or strike, including of postal services, means of transport and/or communications, pandemic, act of God), the date of performance shall then be extended by a period equal to the delay. L’EAU SWISS cannot be held responsible for the non-performance of such obligations in the event of force majeure or any other reason beyond its control.
SECTION 24 – CHANGES TO TERMS OF SERVICE
You can review the most current version of these Terms at any time on this page. We reserve the right, at our sole discretion, to update, change, modify, or replace all or any part of these Terms by posting updates and changes to our site. It is your responsibility to check our site periodically for changes. Your continued use of or access to our site or our services following the posting of any changes to these Terms constitutes your express acceptance of those changes.
SECTION 25 – CONTACT INFORMATION
Questions about these Terms should be sent to us at firstname.lastname@example.org.