TERMS & CONDITIONS UPDATED: 4/17/2019

 

TERMS & CONDITIONS

Last Revised: 4/17/2019

1. Acceptance of Terms and Conditions

The following terms and conditions (“Terms of Use”) govern your use of the PIERRE FABRE DERMO-COSMETIQUE USA, INC. (“Pierre Fabre,” “we,” “us,” or “our”) Websites, which include the following: www.aveneusa.com, www.kloraneusa.com, www.ducrayusa.com, www.glytone-usa.com, www.hemangeol.com, www.tolak.com, www.infantilehemangioma.com, www.dexeryl.com, www.renefurtererusa.com, and all associated mobile sites, or mobile applications (collectively our “Websites”), accessed via a user’s computer, mobile, e-reader, tablet or other device (“Device”) used to access the online services, applications and Websites affiliated with Pierre Fabre goods and services (collectively, the “Online Services”) or by phone. These Terms of Use also apply when you purchase products on our Websites (“Merchandise”). Your continued use of the Websites constitutes your agreement to follow and be bound by these Terms of Use (the “Terms of Use”) and our Privacy Policy¹. The Websites are provided as a service to our customers. Please review the following Terms of Use, including an Arbitration Agreement, which govern your use of the Websites. Our Websites are offered and available to users who are 13 years of age and older and reside in the United States or any of its territories or possessions. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE WEBSITES.

TO THE EXTENT APPLICABLE BY LAW, PLEASE BE INFORMED THAT THESE TERMS OF USE CONTAIN AN ARBITRATION REQUIREMENT AND WAIVER OF RIGHT TO BRING CLASS ACTIONS (see below).

2. Amendments and Updates

WE RESERVE THE RIGHT TO UPDATE OR MODIFY THESE TERMS OF USE AT ANY TIME WITHOUT PRIOR NOTICE. FOR THIS REASON, WE ENCOURAGE YOU TO REVIEW THE TERMS OF USE EACH TIME YOU USE ANY OF THE WEBSITES. Your continued use of the Websites immediately after such changes are posted on the Websites constitutes your acceptance of such changes.

3. Online Transactions

By placing an order for Merchandise through any of the Websites, you accept these Terms of Use and Privacy Policy² and agree to be bound by them.

Orders are subject to verification and acceptance before shipping. All billing information provided must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms of Use and may result in cancellation of your order. Prior to accepting an order, Pierre Fabre reserves the right to request additional information from you to verify your identity and validate the billing information to process your order.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

By confirming your purchase at the end of the checkout process, you agree to accept and pay for the Merchandise. You will not be charged for most orders until the order has shipped, however, you will be charged at the time your order is placed for orders paid for with PayPal or Amazon Payments account.

Please note that while we have tried to accurately display the colors of Merchandise, the actual colors you see will depend on your monitor and may not be accurate.

Pierre Fabre reserves the right to refuse or cancel any order for any reason, including, but not limited to, the following situations:

• Errors in Billing, Payment or Shipping Information. Some orders cannot be processed due to an error in information you have provided, which includes, but is not limited to:
  • an incorrect credit card or debit card number, expiration date and/or card security value, or information regarding other payment types;
  • incorrect billing information (for example, if the billing information you provide is different from information your financial institution has on record);
  • an insufficient or incorrect shipping address (including street address, city, state, zip or postal code); or
  • any suspected fraudulent information.

• Errors, Inaccuracies, and Omissions. Occasionally, there may be information on our Websites that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, 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 Websites is inaccurate at any time without prior notice (including after you have submitted your order). In the event that Merchandise is listed at an incorrect price, we have the right to refuse or cancel orders for Merchandise listed at the incorrect price.

• Merchandise Shipping Delay or Unavailability. If any Merchandise is delayed out of our distribution center or becomes unavailable, or if there is an error on our Websites relating to the order (for example, an error relating to the price or description of Merchandise), Pierre Fabre may cancel the order in its sole discretion. If this occurs, we will contact you so you are aware.

• Resale of Merchandise. The Merchandise sold on our Websites is intended for personal use only, not for resale. Any suspected resale of our Merchandise for personal or business profit is strictly prohibited. We will not accept and reserve the right to cancel orders that appear to be for resale purposes. Any orders found to have characteristics of reselling, such as large quantities, frequent orders, orders by dealers or resellers or the use of freight forwarding, may be cancelled in the sole discretion of Pierre Fabre; and Pierre Fabre has the right to cancel all subsequent orders from any such customers. For purposes of these Terms of Use, “reselling” is defined as purchasing or intending to purchase any Merchandise from Pierre Fabre for the purpose of engaging in a commercial sale of that same Merchandise with a third party.

• Previous Fraudulent Order History. Pierre Fabre may refuse to accept any order, or inquire about such order, for Merchandise if fraudulent activity is suspected and may refuse to process subsequent orders from customers with a previous fraudulent order history. We also may refuse any orders connected with a previous credit card dispute. If Pierre Fabre rejects your order because of an error in pricing or other information about the Merchandise, we will notify you at the email address you provided and ask you whether you would like to resubmit your order to purchase the Merchandise once the information in the order is validated. If we do not receive a response from you within seven (7) days, Pierre Fabre may cancel the order.

• Pricing and Payment Policy. The Merchandise and pricing on our Websites may differ from the product assortment and prices available through our wholesale partners. Merchandise displayed on our Websites is available while supplies last. The prices displayed on our Websites are quoted in US dollars and are valid only in the United States. Pierre Fabre reserves the right to update and make corrections to information on our Websites at any time and without warning and will not be held liable for any inaccurate information or for any information that has been omitted from our Websites. Price and availability information are subject to change without notice. Sales tax is collected on total Merchandise orders delivered to those states requiring sales tax. Some states also require us to collect sales tax on shipping charges.

Acceptable Forms of Payment are: American Express, Visa, Master Card, Discover, Paypal, and Amazon Payments.

• Promotional Codes.  Occasionally, Pierre Fabre offers promotions through e-mails, catalogs, mailings and advertisements. Once you sign up and agree to receive promotional materials from Pierre Fabre, you will receive e-mail promotions and other offers that may include special codes for free shipping or other discount offer. To sign up to receive notice of our promotions, please Sign-Up Here³. Once you sign up, you may opt out at any time⁴.

By using our Websites, you acknowledge and agree that excessive abuse or misuse of promotional codes and other promotions may result in cancellation of any order. Pierre Fabre may restrict redemption of promotional offers to one per person, per household, per email, per IP address or per order for any reason. Promotional codes are limited in nature and may be deleted or expire without notice depending on stock availability. Promotional codes may not be copied, sold, or otherwise shared. They are not redeemable for cash and are subject to cancellation or change at any time for any reason.

• Shipping Policy, Rates and Options. For any questions about shipping, please refer to our Shipping Policy⁵.

• Out of Stock Items. If your item is out of stock, we will contact you to discuss how you would like the order handled. Pierre Fabre does not back order Merchandise.

4. Returns Policy

For any questions about returns, refunds or exchanges, please refer to our Return Policy⁶.

5. Comments, Feedback and Other Submissions

Pierre Fabre welcomes comments on your experience with our Merchandise and services. We will publish comments our Websites, so long as the comments, reviews or testimonials (collectively, “Testimonials”) are accurate, constructive and not misleading. If you submit Testimonials, our customer service department may contact you in order to improve our product quality and service. We also reserve the right to edit all Testimonials for length, spelling, grammar, or for any other reason in our sole discretion so long as the meaning of the Testimonial is not materially altered. By submitting a Testimonial to Pierre Fabre, you hereby grant to Pierre Fabre the unrestricted right to use your Testimonial in perpetuity, through any and all media formats and media channels now known or hereinafter developed, without compensation, and to identify the source of the Testimonial by indicating your first name, last initial, city and/or state.

While we welcome your comments and feedback regarding our Websites, our products and our services, please do not post or submit to us any confidential or proprietary information. Accordingly, all comments, feedback, ideas, suggestions, materials, information and other submissions disclosed, submitted or offered to Pierre Fabre using these Websites or otherwise (collectively, “Comments”) are not confidential or proprietary information, and will become and remain Pierre Fabre’s property. By disclosing, submitting or offering any Testimonials or Comments, you grant Pierre Fabre’s and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns all worldwide rights, titles and interests and goodwill to use, reproduce, modify, perform, display, distribute or otherwise disclose to third parties any such material for any purpose without compensation.

You represent and warrant that:

• You own or control all right in and to such materials, Testimonials and Comments, and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
• All of your Testimonials, Comments and contributions do and will comply with these Terms of Use.
• Comments submitted by you do not violate any right of any third party, and do not contain any libelous, abusive, obscene or otherwise unlawful material or contain any computer virus or other malware that could in any way affect the operation of the Websites. 

In submitting Testimonials or Comments, you may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Pierre Fabre or third parties as to the origin of any such materials. You are solely responsible for any Comments and/or Testimonials you make and their accuracy. Pierre Fabre takes no responsibility and assumes no liability for any Testimonials or Comments posted by you or any third party. You understand and acknowledge that you are responsible for any of you Testimonials, Comments or contributions you submit or contribute, and you, not Pierre Fabre, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. 

You further represent and warrant that you will not, while using the Websites request, or otherwise attempt to harvest, obtain or store, personal information, passwords, account information or any other type of information relating to other users; access or use another person's account; disguise the origin of user communication; alter, modify, frame, or “mirror” any Content; create a deep-link to any of our Websites by by-passing a Website's home page; use any data mining, robots, or similar data-gathering and extraction tools in connection with the Websites; inhibit, disrupt, or otherwise prevent anyone from using or accessing the Websites or interrupt any user's experience on the Websites , including, but not limited to, acting in any manner that disrupts users' real-time exchanges; interfere with or disrupt the Websites, or servers or network connections to the Websites, disobey any requirements, procedures, policies or regulations of networks connected to the Websites; modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Websites; or attempt to gain unauthorized access to the Websites (or any portion thereof). Pierre Fabre reserves the right to take any action it reasonably deems necessary to cure or prevent any violation, including without limitation, the immediate removal from the Websites of any alteration or modifications therein.

6. Personal Information Submitted Through the Websites

Your submission of personal information through the Websites is governed by our Privacy Policy, which can be reached by clicking on the “Privacy Policy” link⁷ located in the footer section of the Websites (the “Privacy Policy”)⁸. This Agreement incorporates by reference the terms and conditions of the Privacy Policy.

7. Intellectual Property

All copyrights, trademarks, trade dress, other intellectual property and materials, including page headers, images, text, illustrations, formats, logos, designs, icons, photographs, programs, music clips or downloads, video clips, software and written and other materials, including the compilation (meaning the collection, arrangement, and assembly) of any of the foregoing, on our Websites (collectively, the “IP”) are owned, controlled or licensed by Pierre Fabre, one of its affiliates or by third parties who have licensed their materials to Pierre Fabre and are protected by U.S. and international trademark and copyright laws. You may access, view, download, and print the IP and all other materials displayed on our Websites for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark or other proprietary designations contained on all IP; (2) do not modify or alter the IP in any way; and (3) do not provide or make available the IP to any third party in a commercial manner. No license, right, title, or interest in any materials or software is transferred to you as a result of your use of our Websites or your accessing, viewing, downloading, or printing of the IP. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the IP, our Websites or any related software. All software used on our Websites is the property of Pierre Fabre or its suppliers and protected by U.S. and international copyright laws. The IP and software on our Websites may be used only as a shopping resource. Any other use of the IP not expressly provided for is strictly prohibited.

The trademarks PIERRE FABRE, AVÈNE, GLYTONE, RENÉ FURTERER, KLORANE, DUCRAY, TOLAK, HEMANGEOL, DEXERYL, and any other trademarks or service marks now or hereafter adopted by Pierre Fabre (the “Marks”), the domain names associated with the Websites and all other images, graphics, logos, page headers, button icons, scripts, trademarks and service marks included in or made available through any of our Websites are trademarks or trade dress or otherwise the exclusive property of Pierre Fabre in the United States and other countries. Certain trademarks, trade names, service marks and logos used or displayed on this Websites are registered and unregistered trademarks, trade names and service marks of Pierre Fabre and its parent, affiliates, or other related parties. Other trademarks, trade names and service marks used or displayed on this Websites are the registered and unregistered trademarks, trade names and service marks of their respective owners.Nothing contained on the Websites grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any marks, trademarks of others, trade names, service marks or logos displayed on this Websites without the written permission of Pierre Fabre or such third party owner(s).

8. Right to Change Websites

We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue the Websites or any service, content, feature or product offered through the Websites, with or without notice; charge fees in connection with the use of the Websites; modify and/or waive any fees charged in connection with the Websites; and/or offer opportunities to some or all users of the Websites. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Websites, or any service, content, feature or product offered through the Websites.

9. Links to Other Websites and Services

The Websites may include links to other internet sites, including without limitation social media sites, maintained by third parties (“Linked Websites”). Pierre Fabre provides Linked Websites to you solely as a convenience. Pierre Fabre has no responsibility for the Linked Websites, and the inclusion of Linked Websites does not imply endorsement by Pierre Fabre of the Linked Websites. You access Linked Websites at your own risk and by accessing them you leave the Websites. Linked Websites are not under the control of Pierre Fabre, and your activities may be governed by other terms and conditions and privacy policies. Pierre Fabre is not responsible for the contents of any Linked Site.

10. Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Pierre Fabre its affiliates and our and their affiliate’s respective officers, directors, members, managers and employees (individually and collectively, the “Indemnified Parties”) from and against any and all liabilities, damages, costs, losses, claims, demands and expenses (including, without limitation, reasonable attorney’s fees) that any or all of the Indemnified Parties may incur arising out of or relating to (i) your use of the Website(s) or the information provided on the Website(s); (ii) your use of the services offered on the Website(s); and/or (iii) any breach by you of any of the terms contained in these Terms of Use, the Privacy Policy or any license agreement, including, without limitation, any claims alleging facts that, if true, would constitute a breach by you of the Terms of Use or the Privacy Policy.  This indemnity is in addition to, and not in lieu of, any other indemnity obligations that may be stated herein or in any license agreement.

11. Disclaimer

OUR WEBSITES ARE PROVIDED BY PIERRE FABRE ON AN “AS IS” AND “AS AVAILABLE” BASIS. PIERRE FABRE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR WEBSITES. YOU ACKNOWLEDGE, BY YOUR USE OF OUR WEBSITES, THAT YOUR USE OF OUR WEBSITES IS AT YOUR SOLE RISK. PIERRE FABRE DOES NOT WARRANT THAT YOUR USE OF THE WEBSITES WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THE WEBSITES OR THE SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH PIERRE FABRE ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THE WEBSITES.

12. Limitation of Liability

YOUR USE OF THE WEBSITES IS AT YOUR OWN RISK.  TO THE EXTENT PERMITTED BY LAW, NEITHER PIERRE FABRE NOR ITS AFFILIATED OR RELATED ENTITIES OR ITS VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF DATA, OR OTHERWISE), INJURY, CLAIM, OR LIABILITY BASED UPON OR RESULTING, DIRECTLY OR INDIRECTLY, FROM YOUR USE OR INABILITY TO USE ANY OF THE WEBSITES OR ANY SUCH LINKED WEBSITES. PIERRE FABRE IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE WEBSITES OR ANY MATERIALS ON THE WEBSITES, OR WITH ANY OF PIERRE FABRE’S TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITES.

13. Dispute Resolution and Arbitration Agreement

Informal Dispute Resolution.

With the significant costs arising from legal disputes, not only in dollars but also in time and energy, both you and Pierre Fabre agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Websites, or the breach, enforcement, interpretation, or validity of these Terms of Use or any part of it (“Dispute”), the party asserting the Dispute will first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notices shall be sent to Pierre Fabre at: PIERRE FABRE DERMO-COSMETIQUE USA, INC., Legal Department, 8 Campus Drive, Parsippany, New Jersey 07054, or to you at: your last-used billing address or the billing and/or shipping address in your online profile.

Both you and Pierre Fabre agree that this dispute resolution procedure is a condition precedent that must be satisfied prior to initiating any arbitration or filing any claim against the other party.

Arbitration Agreement.

At Pierre Fabre’s sole discretion, to the extent you cannot resolve any Dispute through the informal dispute resolution procedure described above, a Dispute shall be resolved through binding individual arbitration. You agree to give up your right to go to court to assert or defend your rights under this Agreement and with respect to any Dispute. You and Pierre Fabre expressly delegate to the arbitrator the authority to determine the arbitrability of any Dispute, including the scope, applicability, validity, and enforceability of this arbitration provision.

You may begin an arbitration proceeding by sending a letter requesting arbitration to Pierre Fabre, Attn: Legal Dept., 8 Campus Drive, Parsippany, New Jersey 07054. You agree that the arbitration shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the Dispute, the parties shall agree to another arbitration provider. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s applicable rules. Pierre Fabre will reimburse those fees for claims totaling less than $10,000. Pierre Fabre waives its right to seek attorney’s fees and costs in arbitration. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act.

Limitation on Time to File Claims.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITES MUST BE COMMENCED WITHIN 1 YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

14. Termination

With the exception of the Arbitration Agreement, which shall survive the termination of these terms, these Terms of Use shall remain effective unless and until terminated or updated by Pierre Fabre. Pierre Fabre may terminate these Terms of Use at any time without notice, and accordingly may deny you access to the Websites.

15. General

The foregoing Terms of Use govern all transactions between you and Pierre Fabre through our Websites and supersede all prior agreements and representations. Headings are for reference purposes only and in no way define or limit the scope of the section. The failure of Pierre Fabre to act with respect to a breach of the Terms of Use by you or others does not constitute a waiver and shall not limit Pierre Fabre’s rights with respect to such breach or any subsequent breaches. These Terms of Use shall be governed by the laws of the State of New Jersey without regard to principles of conflict of laws, except for the Arbitration Agreement above, which shall be governed by the Federal Arbitration Act. The waiver of any provision of these Terms of Use shall not be considered a waiver of any other provision or of Pierre Fabre’s right to require strict observance of each of the terms herein. These Terms of Use constitute the entire agreement between us relating to your use of the Websites.

16. Contact

If you have any questions about these Terms of Use, the practices of our Websites, your dealings with the Websites or Pierre Fabre, you may Contact Us at (833) 382-7291 or by writing to us at:

PIERRE FABRE DERMO-COSMETIQUE USA, INC.

Legal Department
8 Campus Drive
Parsippany, New Jersey 07054
Email: customerservice@ducrayusa.com

 

Effective Date: April 17^th 2019