Term & Conditions




ACCEPTANCE OF TERMS AND CONDITIONS

The following Terms and Conditions and any other rules posted on our Site (collectively the "Terms") constitute an agreement between Pierre Fabre Dermo-Cosmétique, Inc. (“PFDC”) and you, the visitor, governing your access and use of all content and functionalities available at the PFDC website and related micro-sites accessed through the URL www.KLORANEUSA.com and related domain names, and any other website or micro-site of PFDC (collectively the “Site”). 

By visiting the Site, you are accepting and consenting to the practices described in the Terms.

PFDC and its officers, directors, shareholders, employees, agents, parent, subsidiaries and affiliates (“we,” “us,” or “our”) sets forth these Terms effective for all internet sales of our products.  We reserve the right to amend these Terms at any time and in any manner by posting the amended Terms on this Site (or any of our other Sites) following such change shall signify your agreement to be bound by the modified Terms.



1. Privacy

Please review our Privacy Policy so that you may understand our privacy practices.



2. Products and Services for Personal Use

The products and services available on the Site, and any samples we may provide to you, are for personal, non-commercial use only.  You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.  We reserve the right without notice, to cancel or reduce the quantity of any product ordered;  or products or services to be provided to you if in our sole discretion we believe, a violation of our Terms may result.



3. Registration

To use some of the services or features made available to you on this Site, you will need to register and create an account. You may never use another end user’s account without permission. When creating your account, you must provide accurate and complete information. You must keep your account password secure and notify us immediately of any breach of security or unauthorized use of your account. Although we will not be liable for your losses caused by any unauthorized use of your account, you may be liable for our losses or others due to such unauthorized use.

We may change registration requirements from time to time. When you register and create an account, you are required to provide information about yourself that is true, accurate, current and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address [INSERT EMAIL ADDRESS].  You may also want to view our Privacy Policy.



4. Eligibility to Purchase

The purchase of merchandise through the Site is strictly limited to parties who can lawfully enter into and form contracts on the Internet in accordance with the laws of the State of New Jersey.

[In order to make purchases through the Site, you will be requested to register and provide your personal details. In particular, customers must provide their real name, phone number, e-mail address and other requested information as indicated.] Furthermore, when ordering items, you will be required to provide payment details and you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the billing information provided.

 The Site is available only to individuals who meet our terms of eligibility, who have been issued a valid credit card by a bank acceptable to us and who have authorized us to process a charge or charges on their credit card in the amount of the total purchase price for the merchandise which they purchase. We reserve the right to restrict multiple quantities of an item being shipped to any one customer or postal address.


5. Purchase Related Policies and Procedures

To view policies and procedures related to orders placed through this Site (such as order processing, shipping and handling, returns and exchanges), click on Contact Us Page.



6. Our Products

All features, products and prices of products and services described on the Site are subject to change at any time without notice. From time to time there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We make no representation as to the completeness, accuracy, or currency of any information on the Site. We reserve the right to make changes in information about price, description, or availability without notice. We reserve the right, without prior notice, to limit the order quantity on any product and/or refuse service to any customer. The inclusion of any products or services on this Site does not imply or warrant that these products or services will be available over the internet or for purchase with our retail partners at any particular time.  All orders are sold on a first come, first served basis and are subject to acceptance and availability.



7. Intellectual Property and Content

You acknowledge and agree that all information, images, copyright, designs, the “look and feel” of the Site, other materials, trademarks, including [INSERT OTHER TRADEMARKS], and all other intellectual property rights relating to the Content (as defined below), including PFDC Software and all HTML and other code contained in this Site (the “Content”), shall remain at all times vested in PFDC and/or are the property of their respective owners. All such Content, including third party trademarks, designs and related intellectual property rights mentioned or displayed on this Site are protected by federal and state laws and regulations and international treaty provisions. You are permitted to use the Content only as expressly authorized by PFDC and/or its third party licensors.  Neither the Content nor any portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.  Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited.



8. Content

In addition to the intellectual property rights mentioned above, “Content” is defined as all information such as  the “look and feel” of the Site, data files, graphics, text, photographs, drawings, logos, images, sounds, music, video, or audio files on this Site.  PFDC tries to ensure that the information on this Site is accurate and complete. PFDC does not warrant or represent that PFDC’s Content is accurate, error-free or reliable or that your use of PFDC’s Content will not infringe rights of third parties. Your use of the Site is at your risk. PFDC does not warrant that the functional aspects of the Site or PFDC’s Content will be error free or that this Site, PFDC Content or the server that makes it available are free of viruses or other harmful components. If your use of this Site, or PFDC’s Content results in the need for servicing or replacing property, material, equipment or data, PFDC is not responsible for those costs. Without limiting the foregoing, everything on the Site is provided to you "as is" and "as available" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, reasonable care and skill, or non-infringement. PFDC and its suppliers make no warranties about PFDC’s content, software text, downloads, graphics, and links, or about results to be obtained from using the Site. You bear the entire risk of the completeness, accuracy or usefulness of any Content found on this Site. PFDC reserves the right to withdraw, temporarily or permanently, any Content from this Site at any time and for any reason. Removal may be immediate and without notice. You confirm that PFDC is not liable to you or any third party for any such withdrawal.



9. Illegal Use Prohibited

This website may be used only for lawful purposes. The Site may not be used to transmit, retransmit, distribute, post, or store any material, that, in the sole judgment of PFDC, its subsidiaries and affiliates (i) is in violation of any local, state, federal, or international law or regulation; (ii) is in violation of any rights of any person including rights protected by copyright, trade secret, patent, or other intellectual property or similar laws or regulations; (iii) is threatening, obscene, indecent, defamatory, profane, pornographic, or otherwise objectionable information of any kind, including material that restricts a civil liberty; or (iv) that violates export control laws. You may not use this website for the misappropriation of consumer information.

We reserve the right to deny you access to this Site, or any part of this Site, at any time without notice. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the Terms, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final.

You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Site.

You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to any submissions made by them.



10. Your Account

You may choose to register at our Site if you are 18 years of age or older. Do not register if you are not 18 years of age or older. You agree to provide only current, complete, accurate and truthful information. If you are 18 years of age or older and do register, 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 are responsible for keeping such information current, complete, accurate and truthful. You agree to accept full responsibility for all activities that occur under your account, username and/or password even if the activities were not authorized by you. 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 provided herein, and to the extent you do not have such authority you waive any privacy rights, agree to be bound to these Terms and to accept full criminal and civil liability for harm caused by any wrongful use of the Site or Content.

We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms are violated or if we decide, in our sole discretion, that it would be in our best interests to do so.



11. Third Party Links

This Site may include links to other websites or resources operated by parties other than PFDC. Entry of linked websites is at your own risk. We have not reviewed all of the sites linked to this Site and are not responsible for the content or accuracy of such websites or any link contained in a linked website. A link is not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. We are not responsible or liable, directly or indirectly, for any advertising, products, services, or content on or available on such websites. Pierre Fabre Dermo-Cosmétique, Inc., its subsidiaries and affiliates  shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with, the use of or reliance on any such products, services or content available on such external 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.



12. Submissions

Subject to the terms of our Privacy Policy by transmitting or posting any comment, ratings and reviews, blog posting, testimonial or other written statement (collectively, “Submissions”), you hereby grant us full ownership of the Submissions and the right to use your name in association with the Submissions as if we had created, developed and posted the Submissions for our own purposes. We reserve the right to copy, use, reproduce, modify, adapt, translate, publish, license, copyright, distribute, sell or assign the Submissions in any way as we see fit, including but not limited to copying in whole or in part, creating derivative works from, distributing and displaying any Submissions in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works, or using the Submissions within or in connection with our products or services. You also acknowledge that your Submissions will not be returned and we may use your Submissions, and any ideas, concepts or know how contained therein, without payment of money or any other form of consideration, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.

If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You understand that such Submissions may be accessed and viewed by others, including by the general public, and, whether or not such Submissions are published, PFDC, its subsidiaries and affiliates do not guarantee any confidentiality with respect to any Submissions. You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission or your name. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submissions, or use of your name or any damages arising from any Submissions or use of your name.



13. User Content

When you transmit, upload, post, e-mail or otherwise make available data, text, photographs, graphics, images, videos, messages or other materials ("User Content") on the Site, you are entirely responsible for such User Content. Such User Content constitutes a Submission under Section 9 above. You are solely responsible for all User Content that you 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, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically 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; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. In addition, you agree not to transmit, upload, post, e-mail, or otherwise make available any software viruses, unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of "spam." You further agree not to (i) impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity; (ii) "stalk" or otherwise harass, including advocating harassment of another, entrap or harm any third party, in any way; (iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content; (iv) intentionally or unintentionally violate any applicable local, state, national or international law; or (v) 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, any errors or omissions in any User Content, or 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. Notwithstanding the foregoing, or any other provision of these Terms, we have the right to remove any User Content that violates these Terms, or is otherwise objectionable, and we reserve the right to refuse service and/or terminate accounts without prior notice for any users in our sole discretion.



14. No Warranties

You expressly agree that use of this Site is at your own risk. While PFDC will use reasonable endeavors to verify the accuracy of any information it places on the Site, it makes no warranties, whether express or implied in relation to its accuracy. This Site is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to this Site, or any transaction that may be conducted on or through this Site, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.  We do not make any warranty as to the results that may be obtained from the use of the products, services and information or as to the accuracy or reliability of any products, services and information obtained through this Site. It is solely your responsibility to evaluate the quality and merchantability of all products, services and information provided through this Site.

We make no warranty that this Site will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that this Site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials. We will not be responsible or liable to you for any loss of Content or material uploaded or transmitted through this Site.

To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products available through this Site including but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose. Nothing in these Terms shall limit your rights as a consumer under the laws of the State of New York.

You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of this Site and any information provided to or taken from this Site by you.

You agree that, except for death and personal injury arising from our negligence, we will not be liable in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with this contract, for any economic losses (including without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special or indirect or consequential losses in any case whether or not such losses were incurred by that party arising out of or in connection with the provisions of any matter under the Terms.



15. Limitation of Liability

PFDC, its subsidiaries and affiliates shall not be liable for any direct, indirect, incidental, special, or consequential damages resulting from the use or inability to use this Site or from the products, services and information purchased or obtained through Pierre Fabre Dermo-Cosmétique, even if PFDC, its subsidiaries and affiliates have been advised of the possibility of such damages.



16. Indemnification

You agree to fully indemnify, defend, and hold harmless PFDC, its officers, directors, employees, agents, affiliates, licensors and suppliers (collectively the "Provider") from and against all liabilities, claims, expenses, damages and losses, including reasonable attorneys' fees, arising out of any violations of these Terms or your use of this Site, or the use by any other persons accessing this Site using your Internet account.We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder. This defense and indemnification obligation will survive these Terms and your use of the Site.



12. Digital Millennium Copyright Act

If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing us with the following information in writing:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  • 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 you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please contact us as follows:

Pierre Fabre Dermo-Cosmétique
KLORANE
8 Campus Drive
Parsippany, NJ 07054



12. Miscellaneous

(A) Complete Terms. These Terms constitute the whole legal agreement between you and PFDC and governs your use of the Site and completely replace any prior agreements between you and PFDC in relation to the Site. Notwithstanding the foregoing, you understand that PFDC may make changes to the Terms from time to time. When these changes are made, PFDC will make a new copy of the Terms available at http://www.KLORANEUSA.com. You agree that PFDC is under no obligation to provide you with notices regarding changes to the Terms. You understand that it is your responsibility to check the Terms regularly for changes. (B) Choice of Law. This agreement shall be governed by and construed in accordance with the laws of the State of New Jersey without regard to any choice of law principles that could result in the application of the laws of any other jurisdiction. All actions relating to or in connection with this agreement are to be venued in the state or federal courts of New Jersey, Morris County.  (C) Confidentiality. You understand that PFDC grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. PFDC reserves the right to revoke these exceptions either generally or in specific cases. (D) Liability in the Event of Breach. PFDC, its subsidiaries and affiliates shall not be liable for delays or failure to meet its obligations pursuant to this agreement due to causes beyond the party’s reasonable control, provided the nonperforming party promptly notifies the other party of the nonperformance and takes all reasonable steps to recommence performance promptly.  (E) Rights Not Waived. You agree that if PFDC does not exercise or enforce any legal right or remedy which is contained in the Terms (or which PFDC has the benefit of under any applicable law), this will not be taken to be a formal waiver of PFDC’s rights and that those rights or remedies will still be available to PFDC.  (F) Severability. If any provision of these Terms is held to be invalid or unenforceable, the remainder of the provisions shall remain in full force and effect. (G) Statute of Limitations.  You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or these Terms must be filed within one (1) year after such claim or cause of action arose. If you have any questions regarding these terms, please e-mail us at customerservice@pfdcusa.com or call customer service at 800-522-8285.  (H) Violation of Terms.  Please report any violations of the Terms by emailing us at customerservice@pfdcusa.com  or call customer service at  800-522-8285. (I) Independent Relationship. You and PFDC are independent contractors, and these Terms, including but not limited to submission or distribution of any Content you created, will not, in whole or in part, establish any relationship of partnership, joint venture, employment, franchise or agency between the you and PFDC. Neither party will have the power to bind the other or incur obligations on the other's behalf without the other's prior written consent. Neither party is authorized to act as an agent or representative of the other or for or on behalf of the other party in any capacity other than as expressly set forth in the Terms. Neither party shall in any manner advertise, represent or hold itself (or any of its agents) out as so acting or being authorized so to act, or incur any liabilities or obligations on behalf of, or in the name of, the other party, unless specifically provided for in the Terms.