Terms of service
Terms & Conditions
Last Updated: 07/20/2023
1. INTRODUCTION
Provided here are the terms and conditions (“Terms”) that governs all users (“you” or “your”) in any part of their use of the following websites (the “Sites”) operated by Atelier Beaute Corporation (“Atelier Beaute,” “we,” “our,” or “us”) and their respective companies:
- https://www.shopatelierbeaute.com who is owned and operated by Atelier Beaute Corporation whose registered office is 428 Wythe av., Williamsburg, NY 11249, United States; and
- https://www.atelierbeautebk.com who is owned and operated by Atelier Beaute Corporation whose registered office is 428 Wythe av., Williamsburg, NY 11249, United States.
Please read these Terms carefully before using our Sites—as by accessing, viewing, purchasing, or otherwise using the services made available through our Sites, you certify that you have read, understand, and agree to these Terms in their entirety. Further, these Terms apply to all users of our Sites. If you do not agree to be bound by these Terms, you are not permitted to use these Sites or access their services.
Any use of the above terminology or other words in the singular, plural, capitalization, and/or he/she or they, are taken as interchangeable and therefore as referring to the same.
2. AGREEMENT
By accessing or using any portion of our Sites, you agree to be bound by these Terms and our Privacy Policy referenced below.
3. ELIGIBILITY
In order to agree to these Terms and use our Sites, you must be 18 years of age or older—or of the age of majority in your local jurisdiction. If you are under the age of 18 or age majority, any use of https://www.shopatelierbeaute.com or https://www.atelierbeautebk.com must be done with the permission of a parent or guardian.
4. PRIVACY POLICY
All personal information you provide to Atelier Beaute will be treated as confidential and will only be used in accordance with our Privacy Policy. Our Privacy Policy can be found here: Privacy Policy
5. STORE USAGE
You may be required to create an account to access certain features of our Sites. You certify that the personal information provided when creating an account is accurate, current, and complete. Users are not permitted to impersonate any other individual, person, or entity. You also agree to update your personal information as necessary. Any updates to personal information should be done by notifying us through email at info.atelierbeaute@gmail.com.
Further, it is your responsibility to ensure the security and confidentiality of your account and its password. You are responsible for restricting access to their account and agree to accept responsibility for any and all actions that occur under your account.
You agree not to engage in any activity that may violate any applicable laws, regulations, or the rights of others or may disrupt or interfere with the operation of our Sites and their services. Further, you agree to not transmit any (1) computer viruses or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer and (2) any material which is defamatory, offensive, or of an obscene character. You may also not use any of Atelier Beaute’s products or services for any illegal or unauthorized purpose.
If you access our Sites from a location outside of the United States, you agree that you are responsible for compliance with all local laws from the jurisdiction you are located. You agree that you will not use our Sites or Atelier Beaute’s services and products in any country or in any manner where there are prohibitions provided by any applicable laws, restrictions, or regulations.
Our Sites may contain descriptions, images, and other content related to products. While Atelier Beaute strives to provide accurate and up-to-date information, it does not warrant the accuracy, completeness, or reliability of such content.
6. PRODUCT PURCHASES
All orders are subject to acceptance and availability. If the goods ordered are not available, you will be notified by email (or by other means if no email address has been provided) and you will have the option either to wait until the item is available from stock or cancel your order.
Any orders placed by you will be treated as an offer to purchase goods or services from Atelier Beaute and we reserve the right to reject such offers at any time. You acknowledge that any automated acknowledgment of your order that you may receive from Atelier Beaute shall not amount to acceptance of your offer to purchase the goods or services advertised on our Sites. The conclusion of a contract between you and Atelier Beaute will take place when Atelier Beaute (A) charges your credit card, debit card, or other means of payment or (B) dispatch the goods to you or commence our services, whichever is the later.
Atelier Beaute will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part, Atelier Beaute cannot be liable for any loss you may suffer if a third party procures unauthorized access to any data provided by you when accessing or ordering from our Sites.
The products and services sold on our Sites are not for resale or distribution. Atelier Beaute, in our sole discretion, may 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 that Atelier Beaute makes a change to or cancels an order, we may attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was made. Atelier Beaute reserves the right to cancel orders and/or suspend accounts where we believe products are being ordered in breach of these Terms.
You will assume the risk for the products once they have been delivered to the delivery address which you specified when ordering our products. Atelier Beaute accepts no liability where you provide an incorrect delivery address or where you fail to collect the products from the delivery address which you specified.
7. CANCELLATIONS AND REFUND POLICY
Customer satisfaction is one of Atelier Beaute’s primary goals. If you are not completely satisfied, please contact us at info.atelierbeaute@gmail.com to discuss and arrange any returns. Atelier Beaute offers refunds or store credits on all goods returned to us within 14 days of purchase, provided they are in their original packaging, unopened, and in unused, new condition.
8. LIMITATION OF LIABILITY
Atelier Beaute does not guarantee, represent, or warrant that your use of our Sites, products, or services will be uninterrupted timely, secure, or error-free. The information, software, products, and services included or made available through our Sites may include inaccuracies or typographical errors. Atelier Beaute retains the ability to make alterations to our Sites at any time.
Atelier Beaute and its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained on our Sites for any purpose. To the fullest extent permitted by applicable law, all such information, software products, services, and related graphics are provided ‘as is’ and ‘as available’ without any representation or endorsement made and without any warranty or condition of any kind. Atelier Beaute disclaims all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
Further, you expressly agree that your use of, or inability to use, Atelier Beaute’s Sites, services, products, or other relevant aforementioned applications is at your own sole risk. Our Sites and all products and services delivered to you through them are (except as expressly stated by Atelier Beaute) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
To the furthest extent permitted by applicable law, in no event shall Atelier Beaute be liable for any direct, indirect, punitive, incidental, special, consequential damages, or any damages whatsoever, including, without limitation, damages for the loss of use, data or profits, arising out of or in any way connected with the use or performance of the site, with the delay or inability to use the site or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the site, or otherwise arising out of the use of the site, whether based on contract, tort, negligence, strict liability or otherwise, even if Atelier Beaute has been advised of the possibility of damages. If any part of this limitation on liability is found to be invalid or unenforceable for any reason, then the total liability of Atelier Beaute shall not exceed ten dollars ($10).
If you are dissatisfied with any portion of the site, or with any of these Terms, your sole and exclusive remedy is to discontinue using the site.
9. THIRD-PARTY REFERENCES AND LINKS
As a part of Atelier Beaute’s Sites and the services that are offered within, our Sites may contain links or references to other websites or material which is beyond our control. Atelier Beaute is not responsible for such websites or material, nor do we review or endorse them. Atelier Beaute will not be liable, whether directly or indirectly, for the privacy practices or content of such websites nor for any damage, loss, or offense caused or alleged to be caused in connection with, the use of or reliance on any such advertising, content, products, materials or services available on such external websites or resources.
10. INTELLECTUAL PROPERTY
11. TERMINATION OF TERMS
These Terms are effective unless and until terminated by either you or Atelier Beaute. You may terminate these Terms at any time by notifying Atelier Beaute that you no longer wish to use our Services, or when you cease using our Sites.
If in Atelier Beaute’s sole judgment you fail, or Atelier Beaute suspects that you have failed, to comply with any portion of these Terms, Atelier Beaute may terminate this agreement at any time without notice and may deny you access to all of Atelier Beaute’s Sites or services. If this occurs, you will remain liable for all amounts due up to and including the date of termination.
12. ENTIRE AGREEMENT
The failure of Atelier Beaute to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by us on our Sites or with respect to Atelier Beaute’s services or products constitute the entire agreement and understanding between you and Atelier Beaute and govern your use of our Sites, products, and services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of our Terms).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
13. INDEMNIFICATION
You agree to fully indemnify, defend and hold Atelier Beaute and its officers, directors, employees, and suppliers, harmless immediately on demand, from and against all claims, losses, costs, and expenses, including reasonable legal fees, arising out of any breach of these Terms by you, or any other liabilities arising out of your use of our Sites or any other person accessing our Sites using your personal information.
14. CLASS ACTION WAIVER
Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. You agree that a party may only bring claims against the other party only in each’s individual capacity, and not as a plaintiff or class member in any punitive case, collective and/or representative proceeding, such as in the form of a private attorney general action against the other party. Further, unless both you and Atelier Beaute agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
15. SEVERANCE
If any part of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of the Terms.
16. GOVERNING LAW
To the furthest extent permitted by the law, these Terms and our Sites are governed by the laws of the State of New York. You hereby consent to the exclusive jurisdiction and venue of New York courts in any and all disputes arising from or relating to the use of our Sites.
17. MODIFICATION AND CHANGES TO TERMS
Atelier Beaute reserves the right to modify, update, or remove any portion of these Terms at its discretion and without notice. When any alterations are made to these Terms, Atelier Beaute will provide the new version of these Terms with the date of posting. Your continued use of our Sites after the implementation of any changes signifies your acceptance of the modified terms. If you do not wish to accept the modified Terms, you should cease all usage of our Sites.
It is your responsibility to frequently review these Terms for any changes. Atelier Beaute recommends that all users frequently review these Terms.
18. CONTACT INFORMATION
Any questions about these Terms of Service should be sent to us at info.atelierbeautebk@gmail.com.
19. SMS SERVICE
By consenting to Atelier Beaute SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.
If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within our messages. You understand and agree that the primary method for opting out of our SMS program is to reply with specific keywords (such as ‘STOP,’ ‘END,’ ‘UNSUBSCRIBE,’ ‘CANCEL,’ or ‘QUIT’), or to use the unsubscribe link provided. We will also honor any other requests that clearly express your desire to opt out, including phrases like ‘please opt me out.’ We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
For any questions, please text HELP to the number you received the messages from. You can also contact us at info.atelierbeautebk@gmail.com, for more information.
We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
Your right to privacy is important to us. You can see our Privacy Policy https://admin.shopify.com/store/uhbcqy-ny/settings/legal/privacy
to determine how we collect and use your personal information.
Arbitration and Class Action Waiver Agreement:
1. Arbitration:
By using or purchasing Atelier Beaute products or services, you agree that any controversy, claim, action, or dispute between you and Atelier Beaute arising out of or relating to: (a) these Terms, or the breach thereof; or (b) your access to or use of Atelier Beaute’s website or the services or the materials; or (c) any alleged violation of any federal or state or local law, statute or ordinance (each such controversy or claim, a “Claim”), shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association in accordance with its applicable rules.
Arbitration is a form of dispute resolution in which parties agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial. The arbitrator is obligated to issue a reasoned award in writing, including all findings of fact and law upon which the award was made. The arbitrator shall not have the power to commit errors of law, and the arbitrator’s award may be vacated or corrected through judicial review by a court of competent jurisdiction. Each party’s attorneys’ fees, expert costs, and other costs and expenses incurred in connection with arbitration will be borne by the party incurring such costs and expenses.
1. Arbitration Procedures:
Claims shall be heard by a single arbitrator. Arbitrations shall be held in [County, State, USA], but the parties may choose whether to appear in person, by phone, or through the submission of documents. The arbitration shall be governed by the Federal Arbitration Act (“FAA”) and by the internal laws of the [State], without regard to conflicts of laws principles. Any disputes in this regard shall be resolved exclusively by an arbitrator. If, but only if, the arbitrator determines the FAA does not apply, New York law governing arbitration agreements will apply. All disputes with respect to whether the foregoing mutual arbitration provisions are unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court.
2. Exclusion from Arbitration:
Notwithstanding the terms of this Arbitration Agreement, you may choose to pursue a Claim in court and not by arbitration if you opt-out of these arbitration procedures within 30 days from the date that you first purchase any of Atelier Beaute’s products or services (the “Opt-Out Deadline”). You may opt out by mailing a written notification to 428 Wythe Ave, Brooklyn 11249 NY. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes through arbitration. Your decision to opt-out will have no adverse effect on your relationship with Atelier Beaute. You are responsible for ensuring Atelier Beaute’s receipt of your opt-out notice, and you therefore may wish to send a notice by means that provide a written receipt. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Claim in arbitration.
2. Class Action Waiver:
You and Atelier Beaute agree that you may bring or participate in Claims against Atelier Beaute only in your respective individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Unless both you and Atelier Beaute agree otherwise in writing, the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding any other clause contained in this Agreement, any Claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
