Terms And Conditions.
Effective Date: May 31, 2022
THESE TERMS AND CONDITIONS CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS YOU AND DECIEM MAY HAVE AGAINST EACH OTHER CAN BE BROUGHT. THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST DECIEM TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING. Please review the section entitled “Disputes” for the details regarding your agreement to arbitrate any disputes with DECIEM
Products and Services for Personal Use
The products and services available on the Site, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples thereof, you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you that we believe, in our sole discretion, may result in the violation of these Terms and Conditions.
Terms of Sale
The following terms of sale apply to orders placed through this Site:
- Processing: All products offered for purchase on the Site are subject to availability. Any DECIEM publication concerning DECIEM products offered for sale may include inaccuracies or typographical errors. DECIEM shall not be held responsible for any pricing, typographical, or other errors in such publications. Changes may be periodically made to these publications. DECIEM may make improvements and/or changes in the products described in these publications at any time without notice. All orders shall be subject to the terms of these Terms and Conditions. Orders may only be made by individuals who are over the age of legal majority in their jurisdiction of residence. Payment will be processed by DECIEM’s independent third-party payment processor, using the preferred payment method you designate or that is designated in your account. If you would like to use a different payment method, please visit your account settings to update your billing information. We may charge another stored payment method if your default payment card is declined or no longer available to us. We reserve the right, at our sole discretion, to cancel or refuse any orders for any reason at any stage of the online ordering process, including after an order has been submitted and whether or not the order has been confirmed. Unless otherwise agreed to by DECIEM, payment must be received by DECIEM prior to acceptance of an order. Notwithstanding the foregoing, DECIEM may in our sole discretion choose not to charge your credit card until your order has been shipped. DECIEM may process payment for and ship parts of an order separately. Some situations that may result in cancellation include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our independent third-party payment processor. We will attempt to contact you if all or any portion of your order is cancelled, or if additional information is required to accept your order.
- Pricing: You understand that: (i) the prices for products displayed through the Site may differ from the prices offered or published by third parties for the same product and/or from prices available at third-party websites/mobile applications, and that such prices may not be the lowest prices at which the products are sold; (ii) DECIEM has no obligation to itemize its costs, profits or margins when publishing such prices; and (iii) pricing stated on the Site may be changed at any time. You will be billed for your order at the time it is placed. Taxes shall be applied to the billed amount and shall be based upon the region the order is to be delivered. You may only purchase or order products for non-commercial and lawful purposes and any other use is not permitted.
- Returns: If you are not satisfied with your order, simply return any portion of the order and we will be happy to process an exchange or remit your account for the full amount based on our Return Policy which can be found here: https://deciem.com/document/returns.
- Quantity Limits: DECIEM limits orders to thirty (30) units of the same product and ninety (90) total products for each order. DECIEM reserves the right to impose additional limits to the quantities and products which you, your family or any group can purchase, to reject, correct, cancel or refuse orders, and to determine accounts in its discretion including, without limitation, if DECIEM believes that your conduct contravenes applicable law or is harmful to the interests of DECIEM. If you have any questions, please contact us as set forth in Section 21.
- Delivery: We will use commercially reasonable efforts to deliver items as quickly as possible and within any time periods indicated in the order; however, DECIEM will not be responsible for any delays in delivery which are beyond our control. Where delivery is delayed, DECIEM will notify you as soon as possible.
- Fraud: In order to protect you and DECIEM from fraudulent transactions, DECIEM may provide your transaction-related information to a reputable third-party organization to perform an address verification. This address verification is intended to ensure that the "bill to" address that you provide matches your credit card address. DECIEM also reserves the right, at its discretion, not to ship items ordered or purchased on this Site to certain addresses. In the event that DECIEM chooses not to ship an item, you will be notified by email and any amount charged to you will be refunded.
- Discounts: DECIEM may cancel any order and/or refuse to accept or redeem any promotion code, discount or offer that DECIEM believes to be fraudulent, improperly obtained or is not being redeemed by the intended recipient of the promotion code, discount or offer.
For purposes of these Terms and Conditions, the specific DECIEM entity described below shall be the entity processing orders placed through the Site in the corresponding country:
|Australia, New Zealand, Singapore, Thailand||Deciem Australia Pty Limited|
|Anguilla, Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, Bermuda, Bolivia, Bonaire, Saint Eustatius and Saba, British Virgin Islands, Canada, Cayman Islands, Costa Rica, Cuba, Curaçao, Dominica, Dominican Republic, Ecuador, El Salvador, Falkland Islands, French Guiana, Greenland, Grenada, Guadeloupe, Guatemala, Guinea-Bissau, Guyana, Haiti, Honduras, Jamaica, Martinique, Mexico, Montserrat, Nicaragua, Panama, Paraguay, Peru, Saint Barthélemy, Saint Kitts and Nevis, Saint Lucia, Saint Martin, Saint Pierre and Miquelon, Saint Vincent and the Grenadines, Sint Maarten, Suriname, Trinidad and Tobago, Turks and Caicos Islands, Uruguay, Venezuela||Deciem Distribution Inc.|
|China, Greater China - Hong Kong SAR, Greater China - Macau SAR||Deciem Hong Kong Limited|
|Afghanistan, Ãland Islands, Albania, Algeria, Andorra, Angola, Antarctica, Armenia, Austria, Azerbaijan, Bahrain, Bangladesh, Belarus, Belgium, Benin, Bhutan, Bosnia and Herzegovina, Botswana, British Indian Ocean Territory, Brunei, Bulgaria, Burkina Faso, Burundi, Cambodia, Cameroon, Cape Verde, Central African Republic, Chad, Christmas Island, Cocos (Keeling) Islands, Comoros, Congo, DR, Cook Islands, Croatia, Cyprus, Czechia, Denmark, Djibouti, Egypt, Equatorial Guinea, Eritrea, Estonia, Ethiopia, Faroe Islands, Fiji, Finland, France, French Polynesia, French Southern and Antarctic Lands, Gabon, Gambia, Georgia, Germany, Ghana, Gibraltar, Greater China - Taiwan, Greece, Guernsey, Guinea, Hungary, Iceland, India, Indonesia, Iran, Iraq, Ireland, Isle of Man, Israel, Italy, Ivory Coast, Japan, Jersey, Jordan, Kazakhstan, Kenya, Kiribati, Kosovo, Kuwait, Kyrgyzstan, Laos, Latvia, Lebanon, Lesotho, Liberia, Libya, Liechtenstein, Lithuania, Luxembourg, Macedonia, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Mauritania, Mauritius, Mayotte, Minor Outlying Islands US, Moldova, Monaco, Mongolia, Montenegro, Morocco, Mozambique, Myanmar, Namibia, Nauru, Nepal, Netherlands (online orders only), New Caledonia, Niger, Nigeria, Niue, Norfolk Island, North Korea, Norway, Oman, Pakistan, Palestine, Papua New Guinea, Philippines, Pitcairn Islands, Poland, Portugal, Qatar, Republic of the Congo, Réunion, Romania, Russia, Rwanda, Saint Helena, Samoa, San Marino, São Tomé and Príncipe, Saudi Arabia, Senegal, Serbia, Seychelles, Sierra Leone, Slovakia, Slovenia, Solomon Islands, Somalia, South Africa, South Georgia, South Korea, South Sudan, Spain, Sri Lanka, Sudan, Svalbard and Jan Mayen, Swaziland, Sweden, Switzerland, Syria, Tajikistan, Tanzania, Timor-Leste, Togo, Tokelau, Tonga, Tunisia, Turkey, Turkmenistan, Tuvalu, Uganda, Ukraine, United Arab Emirates, United Kingdom, Uzbekistan, Vanuatu, Vatican City, Vietnam, Wallis and Futuna, Western Sahara, Yemen, Zambia, Zimbabwe||Deciem UK Ltd.|
|Netherlands (In-store and Click & Collect purchases only)||Deciem Netherlands B.V.|
|American Samoa, Argentina, Brazil, Chile, Colombia, Guam, Marshall Islands, Micronesia, Northern Mariana Islands, Palau, Puerto Rico, USA, Virgin Islands US||Deciem USA LLC|
Accuracy of Information
We attempt 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 the product descriptions, colors, information or other content available on the Site are accurate, complete, reliable, current or error-free.
All information and content available on the Site and its "look and feel", including but not limited to trademarks, logos, service marks, text, graphics, logos, button icons, images, photos, videos, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the "Content") are the property of DECIEM, our affiliates, partners or licensors, and is protected by Canadian and international laws, including laws governing copyrights and trademarks.
Except as set forth in the limited licenses in Section 8 below, or as required under applicable law, neither the Content nor any portion of the Site may be used, reproduced, distributed, published, duplicated, copied, sold, resold, accessed, modified or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent. All rights not expressly granted herein are reserved to us and our licensors.
We grant you a limited, revocable, and non-exclusive license to access and make personal use of the Site subject to these Terms and Conditions. This limited license does not include the right to: (a) frame or utilize framing techniques to enclose the Site or any portion thereof; (b) republish, redistribute, transmit, sell, license or download the Site or any and/or all Content (except caching or as necessary to view the Site); (c) make any use of the Site or any and/or all Content other than personal use; (d) modify, reverse engineer or create any derivative works based upon either the Site or any and/or all Content; (e) collect account information for the benefit of yourself or another party; (f) use any meta tags or any other "hidden text" utilizing any and/or all Content; or (g) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. You must retain, without modification, all proprietary notices on the Site or affixed to or contained in the Site.
Any unauthorized use by you of the Site or any and/or all of our Content automatically terminates the limited licenses set forth in this Section 8 without prejudice to any other remedy provided by applicable law or these Terms and Conditions.
Your Obligations and Responsibilities
In the access or use of the Site, you shall comply with these Terms and Conditions and any special warnings or instructions for access or use posted on the Site. You shall act always in accordance with the law, custom and in good faith.
You may not make any change or alteration to the Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of the Site. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, by (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) accessing or using the Site or any portion thereof without authorization; or (d) introducing any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful. You agree not to use the Site: (a) in any way that violates any applicable law or regulation; (b) to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or expose them to liability; (c) use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site; (d) use any device, software or routine that interferes with the proper working of the Site; or (e) otherwise attempt to interfere with the proper working of the Site.
Without limiting the generality of any other provision of these Terms and Conditions, if you negligently or willfully breach any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to DECIEM or our partners or licensors.
If you choose to create an account at our Site, you will have an email address/username and password for your account. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. You agree that the information you provide to us during the registration process for creating your account and at all other times when you use the Site is current, complete, accurate and truthful.
You are the sole authorized user of any account you create through the Site and you agree to accept responsibility for all activities that occur under your account, username and/or password. If you are accessing and using the Site on someone else's behalf, you represent that you have the authority to bind that person as the principal to all Terms and Conditions provided herein, and to the extent you do not have such authority you agree to be bound to these Terms and Conditions and to accept liability for harm caused by any wrongful use of the Site or Content resulting from such access or use.
We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms and Conditions are violated or if we decide, in our sole discretion, that it would be in DECIEM’s best interests to do so.
If you have reason to believe that your account is no longer secure, you must immediately notify us by contacting us as set forth in Section 21. DECIEM will not be liable for losses, damages, liabilities, expenses, and fees incurred by DECIEM or a third party arising from someone else using your account regardless of whether you have notified us of such unauthorized use. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account.
Third Party Links
We are not responsible for the content of any off-website pages or any other websites linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service or supplier. Your linking to or from any off-website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-website pages or any other websites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit.
Special Features, Functionality and Events
When you transmit, upload, post, e-mail or otherwise make available data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials ("User Content") on the Site, you are entirely responsible for such User Content. All third parties, and not we, are entirely responsible for all User Content that they post to the Site. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing or otherwise making available on the Site User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful or racially or, ethnically offensive, encourages conduct that would be considered a criminal offense, give rise to civil liability or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, inaccurate or misleading; (d) you were compensated for or granted any consideration by any third party; (e) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; or (f) is malicious or destructive in nature, or contain a virus, malware or other computer programming routine or engine that is intended to damage or otherwise interfere with any system, data, or information. In addition, you agree not to transmit, upload, post, e-mail or otherwise make available any unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of "spam." You further agree not to (a) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity; (b) "stalk" or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way; (c) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content; (d) intentionally or unintentionally violate any applicable local, state, national or international law; or (e) collect or store personally identifiable data about other users.
We do not endorse or control the User Content transmitted or posted on the Site and therefore, we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via 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 change, condense or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, we have the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and we reserve the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Site infringe your copyright, you (or your agent) may send DECIEM a “Notification of Claimed Infringement” requesting that the material be removed, or access to it be blocked. The notice must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
- Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works);
- Identification of the specific material or link alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow DECIEM to locate the material on the Site;
- Your name, address, telephone number, and email address (if available);
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send DECIEM a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see https://www.copyright.gov/ for details. Notices and counter-notices with respect to the Site should be sent using the contact form described in Section 21.
Under Cal. Civ. Code §1789.3, California residents may report complaints about our Site to the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by contacting them at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210. DECIEM does not impose any charges for use of the Site.
Representations and Warranties; Limitation of Liability
WE DO NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THE SITE IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (f) ANY INACCURACIES OR OMISSIONS IN CONTENT; OR (g) EVENTS BEYOND OUR REASONABLE CONTROL.
FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE OR YOUR USE THEREOF REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00). YOU AGREE THAT NO CLAIMS OR ACTION ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE.
You agree to defend, indemnify and hold us and our affiliates, and our respective officers, directors, employees, agents and representatives harmless for any loss, damages, expenses or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your use of the Site, breach of these Terms and Conditions or from our termination of your access to or use of the Site. Such termination will not affect either party’s rights or obligations, which accrued before the termination.
In consideration of and as a condition of your use of the Site you and DECIEM (collectively, “the parties”) agree as follows (the “Arbitration Agreement”):
Applicability; Exclusions; Court and Jury Trial Waiver
The parties agree that any and all covered disputes (as defined below) that either party has the legal right to sue for in court, whether now or in the future, shall be subject to final and binding arbitration under the arbitration provisions set forth below. This means that the parties have selected arbitration as the sole and exclusive forum for the parties to sue or be sued in for all covered disputes, regardless of when the dispute first arose or arises and irrespective of the time period(s) involved in the dispute. The term “covered disputes” means all disputes and claims between the parties, including any disputes or claims: arising out of or relating to these Terms and Conditions; relating to the relationship between the parties; arising under any international laws, including but not limited to the General Data Protection Regulation (EU) 2016/679 and California Consumer Privacy Act, and all other claims or disputes under municipal ordinances, executive orders, contract, tort, public policy, or common law (judge-made law). However, “covered disputes” shall exclude any disputes or claims relating to your violation or threatened violation of our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise, in which we have a cause of action in equity. For such disputes and claims, we may seek injunctive or other appropriate relief in any court of competent jurisdiction, and you consent to jurisdiction and venue in any such court for such purposes.
The parties intend to require arbitration of all covered disputes that can lawfully be arbitrated. It is understood by the parties that the term “covered disputes” shall cover and include all such disputes not only between the parties to these Terms and Conditions but also all disputes or claims against any of your heirs, executors, personal representatives, and assigns, and all such disputes or claims not only against DECIEM but also against any and all of its predecessors and successors and any of its collective officers, agents, employees, members, shareholders, directors, managers, and attorneys.
Usage of JAMS Streamlined or Comprehensive Arbitration Rules and Procedures; Arbitrator to Decide All Issues; Arbitrator’s Decisions Are Final and Binding
Either party shall initiate arbitration under the National Arbitration Rules of the ADR Institute of Canada, Inc. The arbitrator (and not a court) shall decide all issues in any covered dispute including, but not limited to, issues regarding the non-availability of class arbitration, timeliness, scope of arbitrator’s authority, arbitration procedures, any issues regarding arbitrability of the parties’ dispute, statute of limitations, and all other issues regarding the application, interpretation, and implementation of these Terms and Conditions. The arbitrator’s decisions shall be final and binding. The parties agree that a court of competent jurisdiction shall have the authority to enter a judgment upon the award made by the arbitrator or to confirm an arbitration award, and any such proceeding shall not itself be deemed a covered dispute.
Selection and Authority of Arbitrator; Full Remedies Available; Enforceability
The parties agree that an arbitrator shall be selected by the parties consistent with the applicable National Arbitration Rules of the ADR Institute of Canada, Inc. as they exist at the time of the Terms and Conditions’ execution. To the fullest extent permitted by law, the arbitrator shall have the power and authority to award any remedy or relief available under applicable law and shall be the sole authority to interpret and apply the provisions of these Terms and Conditions. The arbitrator shall have the authority to apply any law, or executive order, or any common law that the arbitrator deems applicable to the covered dispute. If there are any ambiguities in these Terms and Conditions, it is the parties’ intent that all ambiguities be resolved in favor of arbitration. If any provision of this Arbitration Agreement is unenforceable, the remainder of this Arbitration Agreement shall remain in full force and effect.
Class and Collective Action Waiver; No Consolidated or Joint Actions
The parties agree that all covered disputes brought against each other will be arbitrated on an individual basis only and not in a class action arbitration, a collective action arbitration, or on any other group, representative, consolidated, or joint basis. The arbitrator shall have no authority to consider or resolve any covered dispute or any claim or issue in a covered dispute on any basis other than on an individual basis and may not proceed or direct the parties to proceed on a class or collective action basis or consolidate or join one or more covered disputes pertaining to you with any other individual’s or entity’s covered dispute(s). The provisions in this Arbitration Agreement mean that both parties waive their right to commence, become a party to, or in any way participate in any class action, collective action, or group or representative action or claim against the other party or in any such action or claim consolidated or joined with another party, with respect to any covered dispute, and each party agrees to opt-out of or be severed from any such action or proceeding.
Each party shall bear the cost of his/her/its own legal fees and costs, including but not limited to attorneys’ fees and expert witness fees, subject to any right to recover such fees and costs under applicable law, which the arbitrator shall apply where applicable. In rendering an arbitration award, the arbitrator shall apply applicable and appropriate law and shall award all statutory remedies and penalties, including attorneys’ fees and costs to the extent authorized by and consistent with law. The award shall be in writing and the arbitrator shall set forth the essential findings of fact and law. Either party may request that a transcript and/or recording of the hearing be made.
Consent to Receive Notices Electronically by Posting on the Site and Via Email
You consent to receive any agreements, notices, disclosures and other communications (collectively, "Notices") to which these Terms and Conditions refer from us electronically including without limitation by e-mail or by posting notices on this Site. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by notifying us using the contact form described in Section 21 and discontinue your use of this Site. In such event, all rights granted to you pursuant to these Terms and Conditions, including but not limited to the limited licenses set forth in Section 8 hereof, shall automatically terminate. Unfortunately, we cannot provide the benefits of this Site to any user that cannot consent to receipt of Notices electronically.
You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.
With respect to any dispute regarding the Site, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of Toronto, Canada, as if the Terms and Conditions were a contract wholly entered into and wholly performed within Toronto. The Effective Date of these Terms and Conditions is set forth at the top of this webpage. We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site. We encourage you to return to this webpage frequently so that you are aware of our current Terms and Conditions. Any changes are effective immediately upon posting to the Site. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision.
How to Contact Us
If you have any questions regarding these Terms and Conditions or would like to contact us, please use the website online form located at: https://deciem.com/contact.
The content on this website, including informational content and the design of the site, are copyright © DECIEM Inc. No part of this website, or its look and feel, may be reproduced in any form by any means for any purpose without the explicit and prior written permission of DECIEM Inc. Unauthorized reproduction, in whole or in part, will be prosecuted to the maximum extent possible under law.
DECIEM Inc., the DECIEM Inc. logo and all product names and designations are trademarks of DECIEM Inc. and may be registered in certain regions. The use of these trademarks without the written permission of DECIEM Inc. may result in damages that cannot be relieved monetarily. All other trademarks and registered trademarks used on this website belong to their respective owners.
The Information on this website is protected by copyright and/or other intellectual property laws and any unauthorized use of the Information on this website may violate such laws. Except as expressly provided herein, DECIEM Inc. does not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret rights with respect to this Information.
Except as otherwise indicated elsewhere on this website, you may view, download, use or print the Information available on this website subject to the following conditions: The Information may be used solely for personal, informational, internal, non-commercial purposes; The Information may not be modified or altered in any way; The Information may not be distributed by you to others; You may not remove any copyright or other proprietary notices contained in the Information.
Copyright © DECIEM Beauty Group Inc. All worldwide rights reserved.