your bag is empty
GENERAL TERMS AND CONDITIONS OF USE
EFFECTIVE DATE: AUGUST 27, 2024
Legal information :
ELCO S.A.S.- Balmain Beauty
40/48 rue Cambon - 75001 Paris
Société par actions simplifiée (SAS)
Capital 239 199 950,00 euros
702 038 464 R.C.S. Paris
VAT number. FR917020368464
Customer service : serviceclient@balmainbeauty.com
Director of publication : Franck Besnard
Hosting provider : ELC Online - 40 West 23rd Street, New York, NY 10010, USA
Balmain Beauty ("we", "us" or "our") provides the content and services made available to you on the Site www.balmainbeauty.eu (the "Site"), subject to these Terms and Conditions of Use (the "Terms and Conditions of Use"), our Privacy Policy, our Terms and Conditions of Sale and other terms and policies on our Site in connection with certain features, functions or promotions as well as our customer service, all of which are deemed to be part of and incorporated into these Terms of Use (collectively, the "Terms and Conditions").
You must be at least 18 years of age to make a purchase on our Site. If you are between the ages of 16 and the age of majority in your jurisdiction of residence, you may purchase products only with the consent and supervision of your parent or legal guardian. By accessing or using the Site, you acknowledge that you have read, understood and agree, without limitation or qualification, to be bound by these Terms and Conditions. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, YOU MAY NOT USE OUR SITE.
1. Protection of personal data
Please review our Privacy Policy, which governs your use of and access to this Site, to understand our privacy practices.
2. Products and services for personal use
The products and services available on the Site, and any samples we may send you, are for personal use only. You may not sell or resell any of the products, services or samples that you have purchased or received from us. We reserve the right, with or without notice, to cancel or reduce the quantity of an order to be fulfilled or of products or services requested if we believe, in our sole discretion, that it may violate our Terms and Conditions.
3. Product purchase policy
To view policies and procedures relating to orders placed on this Site (such as processing, shipping, delivery, returns, and exchanges), click here: Terms and Conditions of Sale.
4. Accuracy of Information
We try to be as accurate as possible when describing our products on the Site. However, to the extent permitted by applicable law, we do not warrant that any product descriptions, colors, information, or other content available on the Site are accurate, complete, reliable, current, or error-free.
This Site may contain typographical errors or inaccuracies, and may be incomplete or out of date. We therefore reserve the right to correct any errors, inaccuracies or omissions (in particular following an order), and to change or update the information at any time without prior notice.
5. Intellectual property
All information and content available on the Site and its presentation, including, but not limited to, trademarks, logos, service marks, functionality, text, graphics, photos, button icons, images, audio clips, data compilations and software, and the compilation and organization of such materials (collectively, the "Content"), are the property of ELCO - Balmain Beauty or our parent companies, subsidiaries, affiliates, partners, or licensors, and are protected by local laws as well as the laws of the European Union and the United States, including copyright and trademark laws. Our trademarks and trade dress may not be used for any purpose without our express written consent.
The trademarks, logos, service marks, industrial designs and any other signs, designations or symbols that may be used for commercial or industrial purposes and that appear on the Site (hereinafter, the "Trademarks") are registered or unregistered trademarks of ELCO SAS – Balmain Beauty, our related companies, our licensors or our business partners, in the United States of America or other countries, and are protected by copyright and industrial property laws.
Except for the license restrictions set forth in Section 6 below or as required by applicable law, the Content and individual portions of the Site may not be used, reproduced, duplicated, copied, sold, resold, managed, modified, or otherwise exploited, in whole or in part, for any purpose without our express prior written consent.
6. License and Use Restrictions
We grant you a limited, revocable, non-transferable, non-exclusive license to access and use the Site personally. You understand and agree that you will not do or attempt to do, or require any third party to do or attempt to do, any of the following in connection with your use of the Site:
• modify, capture or download the Site or its Content (except for "caching" or what is necessary to view the Content);
• Prohibition of Web Scraping: using, without our prior written permission, automated means such as, but not limited to, artificial intelligence systems, meta tags, "hidden text", robots, spiders or other tools, manual or automatic, to collect, index, retrieve, exploit, republish, redistribute, transmit, sell, license or download the Site, the Content (except for the posting of the Site, the Content or the cache or data necessary to display the Site) or the personal data of other persons is strictly prohibited;
• use the Site or its Content for any use other than personal ;
• modify, reverse engineer, or create derivative works based on the Site or any of its Content ;
• impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• "stalk" or otherwise harass, including by encouraging the harassment of another person, entrap or harm any third party, including minors, in any way;
• intentionally violate any local, state, national, or international law;
• transmit, upload, publish, email, share, distribute, reproduce or otherwise make available any viruses, malware, programs, code, files or other material intended to interrupt, disrupt, impair, destroy or limit any part of the Site; or
• Incorporate or carry out any unauthorized or unsolicited advertising, solicitations or promotional materials, including chain letters, mass distribution of e-mail or any form of "spam".
We also grant you a limited, revocable, non-transferable, non-exclusive license to create a hyperlink to the home page of the Site for your personal, non-commercial use only. Any website redirecting to the Site:
i. must redirect, but may not reproduce any or all of our Content;
ii. must not imply that we endorse this website or its services or products;
iii. must not distort the reality of the relationship he has with us;
iv. Must not contain content that may be considered distasteful, obscene, insulting, controversial or illegal, or age-inappropriate (as determined in our sole discretion);
v. must not portray us, or our products or services, in an inaccurate, misleading, derogatory, offensive, shocking, objectionable or otherwise objectionable manner, or associate us with undesirable products, services or opinions;
vi. may not use any Marks without our express written consent; or
vii. must not redirect to any page of the Site other than the home page. We may, in our sole discretion, request that you remove a link to the Site and, upon receipt of such request, you must immediately remove such link and cease all redirecting, unless the resumption of the redirection has been separately and expressly authorized by us in writing.
Any unauthorized use of the Site or any part and/or all of our Content by you automatically terminates the licenses set forth in this Section 6 without prejudice to any other remedies provided by applicable law or these Terms and Conditions.
7. Your obligations and responsibilities
By accessing or using the Site or its Content, you agree to comply with these Terms and Conditions and any warnings or instructions on the Site. You agree to act in accordance with the law, usage and good faith when accessing or using the Site or its Content. You must not modify or alter the Site or its Content or the services that appear on this Site, and must not interfere in any way with the integrity or operations of the Site. Without prejudice to the other provisions contained in these Terms and Conditions, if you fail to comply with any of the obligations set out in these Terms and Conditions, whether negligently or wilfully, you may be held liable for any damage and/or loss that may result to ELCO SAS – Balmain Beauty, our parent companies, subsidiaries, affiliates, partners, or licensors.
8. Your Account
Subject to the age limitations set forth above, you may view and use many of the features of the Site without registration, including making purchases. However, in order to access and use certain parts of the Site, you must create an account on our Site. You are responsible for maintaining the confidentiality of your account, username and password, and for restricting access to your computer. In the event of any unauthorized use of your password or account, please notify us immediately. You are responsible for providing and maintaining current, complete, accurate, and truthful information about your account. You accept responsibility for all activities that occur with your authorization in connection with your account, username and/or password, or if you fail to maintain a sufficient level of security for your account, username and/or password. If you are accessing and using the Site on behalf of someone else, you represent that you have the authority to bind that person under the Terms and Conditions and, failing that, you agree to be bound by these Terms and Conditions and to assume responsibility for any harm caused by any unlawful use of the Site or the Content resulting from such access or use. You can cancel your online account with Balmain Beauty at any time. To the extent permitted by law, we reserve the right to refuse to provide any service and/or terminate accounts without notice if these Terms and Conditions are not complied with or if we decide, in our sole discretion, that it would be in our best interests to do so.
9. Links to other websites
We are not responsible for the content of third-party web pages, even if they contain links to or from the Site. Links appearing on the Site are for convenience only and do not constitute an endorsement by us, our parent companies or subsidiaries, or our business partners with respect to the content, product, service or provider referenced. We may, in our sole discretion, remove any links from our Website.
Your connection to or from other websites is at your own risk. Except as permitted by applicable law, we are not responsible in any way for checking or evaluating the pages of websites external to this Site, or other websites, which link to or from our Site, and we are not responsible for their offerings and assume no responsibility for the actions of any such websites, content, products or services of such pages and websites, including without limitation, their privacy statements and terms of use. You should carefully review the terms and conditions and privacy policies of all pages of websites outside of this Site and other websites you visit.
10. Events, features and special functions
The Site may offer certain special features and functions or events (such as contests, sweepstakes, or other offers) that may (a) be subject to terms of use, rules, and/or policies in addition to or in lieu of these Terms and Conditions; and (b) be offered by us or by third parties. If this is the case, we will notify you and if you choose to take advantage of these offers, you agree that your use of these offers will be subject to such separate or additional terms of use and/or rules.
11. User Content
Our policy is to refuse spontaneous ideas and suggestions. However, despite our policy regarding spontaneous ideas and suggestions and subject to the provisions of our Privacy Policy, when you transmit, upload, post, email, share, distribute, reproduce or otherwise make available suggestions, ideas, requests, comments, data, text, software, music, sound, photographs, personal data such as your username/screen name, graphics, images, videos, messages, or other information ("User Content") on the Site in any manner (including through the "Contact Us" form), you are solely responsible for such User Content. You hereby grant us a perpetual, worldwide, transferable and sublicensable, irrevocable, unrestricted, non-exclusive, royalty-free right to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify and otherwise exploit such User Content throughout the world, in any and all media now known or hereafter developed, for any purpose, including, without limitation, developing, manufacturing, distributing, and marketing products.
You represent and warrant that you own or otherwise control the rights to your User Content. You agree not to attempt, or assist or encourage others to attempt, transmit, upload, post, email, share, distribute, reproduce, or otherwise make available any User Content that is (a) unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially objectionable, ethnic or other; (b) that you do not have a right to make available under any law or contractual or fiduciary relationships; (c) that you know to be false, fraudulent, inaccurate, or misleading; (d) for which you have received any compensation or recognition from a third party; or (e) infringes any patent, trademark, trade secret, copyright, or any other proprietary right of any third party.
We are not responsible for verifying or evaluating any User Content and, to the maximum extent permitted by applicable law, we disclaim any and all liability with respect to User Content. We do not control the User Content transmitted or posted to the Site by you or others, and therefore do not guarantee the accuracy, integrity, or quality of any User Content transmitted or posted to the Site by you or others. You understand that by using the Site, you may be exposed to User Content of others that may be offensive, indecent, or objectionable to you. In no event shall we be liable for any User Content, including, without limitation, any errors or omissions in any User Content, or any loss or damage of any kind incurred by you as a result of using any User Content transmitted, posted, emailed or otherwise made available on the Site.
You acknowledge that we have the right (but not the obligation), in our sole discretion, to refuse to post or remove any User Content, and we reserve the right to edit, adjust, reduce or remove any User Content. Notwithstanding the foregoing or any other provision contained in these Terms and Conditions, we have the right to remove User Content that violates these Terms and Conditions or is otherwise objectionable, and we reserve the right to refuse to serve and/or terminate the accounts, without notice, of users who violate these Terms and Conditions or infringe the rights of others.
Removal of User Content
If you wish to remove some of your Public User Content, such as your product reviews and comment(s) on the Site or in connection with our mobile applications, please contact us by email and include the following information in your removal request: first name, last name, username/screen name (if applicable), email address associated with our website and/or mobile applications, reason for deleting the post and the date(s) of the post(s) you want to delete (if you know them). We may not be able to process your deletion request if we do not provide this information.
12. Notices of Copyright Infringement
We respect everyone's intellectual property. If you believe that any copyrighted material has been copied in a way that constitutes copyright infringement, please send an email or letter to our Copyright Infringement Reporting Officer, providing the following: (i) identification of the copyrighted material(s) that you claim has been infringed and confirmation that you are the owner of the right or authorized to act on behalf of the right holder; (ii) a description of the information in respect of which you claim the rights have been infringed and its location on the Site; (iii) your address, telephone number, and email address.
To contact our Agent for Notification of Copyright Infringement, please write to:
Copyright Agent c/o Legal Department
The Estée Lauder Companies Inc.
767 Fifth Avenue
New York, NY 10153 - United States of America
Telephone: 212-277-2322
Fax: 212-277-2355
Email: copyright@estee.com
Please note: The above contact information is provided solely for the purpose of informing Balmain Beauty that copyright information may have been infringed. Any other queries will be ignored and should be addressed to our customer service by email at serviceclient@balmainbeauty.com.
13. Disclaimer of Warranties; Limitation of Liability
The Site, its content and services are presented "as is". Our services and our parents, subsidiaries, affiliates, partners or licensors make no representations or warranties of any kind, express or implied, in connection with these Terms and Conditions, the site or its content.
You agree that, to the extent permitted by applicable law, our services and our parents, subsidiaries, affiliates, partners, or licensors shall not be liable (whether in contract, tort (including negligence) or otherwise) under any circumstances for any: (a) business interruption; (b) delay or interruption of access to the Site; (c) non-delivery, loss, theft, misdirection, corruption, destruction or other alteration of data; (d) loss or damage of any kind arising out of the use of or presence of links to websites other than this Site; (e) computer viruses, system failures, or malfunctions that may occur in connection with your use of the Site, including when using a hyperlink from or to third-party websites; (f) inaccuracy or omission of content; or (g) events beyond our reasonable control. We make no representations or warranties with respect to the correction of defects or errors.
In addition, to the extent permitted by applicable law, our services and our parents, subsidiaries, affiliates, partners, or licensors shall not be liable for any indirect or consequential damages of any kind (including lost profits) in connection with the Site or your use of the Site, and in no event shall our maximum total liability exceed one hundred Euros (€100.00) or the equivalent amount in the local currency.
To the extent permitted by applicable law, you agree to limit any claim or action arising out of or in connection with the use of the Site or these Terms and Conditions to one (1) year after the cause of action arose in connection with such claim or action. If you have a dispute with us or if you are dissatisfied with the Site, your sole remedy is to discontinue using the Site and we have no obligation or liability to you.
14. Compensation
You agree to defend, indemnify and hold us and our parents, subsidiaries, affiliates, partners, licensors, officers, directors, employees and agents (the "Indemnified Parties") harmless from any loss, damages or costs, including reasonable attorneys' fees, arising out of any third party claim, action or demand arising out of (i) your use of the Site or Site Content in violation of any law, applicable rules, regulations, or these Terms and Conditions, or (ii) any portion of your User Content. You also agree to indemnify the Indemnified Parties for any damages or costs, including reasonable attorneys' fees, arising out of your use of any software robots, spiders, spiders, spiders, or similar data mining and gathering tools, or any other action that imposes undue load or strain on our Site's infrastructure.
15. Disputes
Any dispute arising from the interpretation, validity and/or execution of these Terms and Conditions shall be submitted to the competent court of the customer's place of residence.
In accordance with Regulation (EU) no. 524/2013 on online dispute resolution for consumer disputes, if you are a resident of the European Union, you may, at your sole discretion, submit disputes on the European Commission's online platform at : https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage.
16. Consent to send electronic messages by posting on the site or by e-mail
You consent to the sending of agreements, notices, postings and other communications (collectively "Communications"), referred to in these Terms and Conditions, from us in electronic form, including, without limitation, by email or by posting messages on this Site. You acknowledge that all Communications that we transmit to you electronically comply with legal requirements for the sending of communications that must be in writing. If you wish to withdraw your consent to receive Communications electronically, you must notify us by sending us an email at serviceclient@balmainbeauty.com and stop using this Site. In such an event, all rights granted to you under these Terms and Conditions, including, without limitation, Section 6 of these Terms of Use, are automatically terminated. Unfortunately, we cannot offer the benefits of the Site to a user who does not consent to the receipt of Electronic Communications.
Note that your consent to receive Communications is entirely separate from any other choices or consents you may have given with respect to receiving marketing communications. Your choices and rights regarding receiving marketing communications are set out in our Privacy Policy.
17. General
You acknowledge and agree that these Terms and Conditions represent the complete and exclusive agreement between us with respect to your use of the Site, and that they supersede and govern all prior proposals, agreements and other communications.
We reserve the right, to the extent permitted by law, to modify these Terms and Conditions at any time by posting the changes on the Site and notifying you of such changes. Any modification is effective immediately upon publication on the Site. The effective date of the current version of the Terms and Conditions of Use can be found at the top of this page. By continuing to use the Site, you acknowledge that you accept all changes to the Terms and Conditions. We may, with or without notice, terminate any of the rights granted by these Terms and Conditions. You must comply immediately with any termination or other notice, including, if applicable, by ceasing all use of the Site. We also reserve the right, subject to applicable law, to modify or suspend, temporarily or permanently, the Site (or any part thereof), with or without notice.
Nothing in these Terms and Conditions shall be construed as creating an agency, partnership or other form of joint venture between us. Our failure to require you to perform any of the provisions of these Terms and Conditions shall not affect our right to require such performance at any time thereafter. Any waiver by us of any breach of any provision of these Terms and Conditions shall not be deemed a waiver by us of any such provision. In the event that one of the provisions of the General Terms and Conditions is null or unenforceable according to the applicable law or a court decision, such nullity or unenforceability cannot render the General Terms and Conditions null or unenforceable in their entirety. We will modify or replace the invalid or unenforceable provision with another valid and enforceable provision that, to the extent possible, is consistent with our original purposes and intentions as expressed in the original provision.
If you have any questions about these Terms and Conditions, please contact us by email at serviceclient@balmainbeauty.com.
Copyright © Balmain Beauty. All rights reserved worldwide.
