Terms of service
Thank you for visiting us.payot.com (the “Site”). The Site is intended exclusively for the U.S. . All other visitors shall visit their country site available here.
This Site is operated by eBrand Commerce, Inc. for LABORATOIRES DR. N.G. PAYOT, S.A.S. (dba PAYOT) also referred collectively below as “We”, “Our” and “Us”
These terms of service (“Terms of Service”) apply to all users of the Site, including, without limitation, users who are contributors of content, information and other materials or services on the Site. Your access and use of the Site will be subject to the version of the Terms of Service posted on the Site at the time of use. If you do not agree with the Terms of Service, then you do not have the right to access, view, download or otherwise use the Site or place orders and, accordingly, you should not do so.
AGE
You must be 18 years old or the age of majority in your jurisdiction in order to make a purchase on our Site. If you are under 18 years old or the age of majority in your jurisdiction, then you may not make a purchase on our Site. If you are under 13 years old, you may browse our Site. However, you may not provide personal information to Us, make a purchase on the Site nor register on the Site. This Site is not directed to children under 13 years old. By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms of Service.
PRIVACY
By using this Site, you agree to the Privacy Policy available here.
ACCOUNT
You may choose a username (email address) and password to to create a customer account. Your account allows you to purchase products and to post comments and reviews on the Site. You must not share your username and password with any other party. You assume responsibility for any unauthorized use of your username or password, and you must promptly notify Us of any actual or suspected unauthorized use at customerservice@payot.com. When you create an account, you agree to the terms and conditions of our loyalty program available here: https://us.payot.com/pages/loyalty-referral. Starting on March 5, 2021 all customers, including guest checkouts, are able to earn points, refer friends, and achieve VIP tiers. In order to redeem points, customers still must create a store account.
SECURITY
You agree not to interfere, disrupt, or attempt to interfere or disrupt the operation of the Site or of the networks connected to the Site, and to abide by all security policies adopted by the Site. You acknowledge and agree that, for security purposes, We may monitor your account and your access to and use of the Site. We may at any time terminate or suspend your access to the Site if We consider appropriate or necessary in our sole discretion for security reasons, as a result of non-payment, any alleged or suspected breach of these Terms of Use, or to protect intellectual property.
CUSTOMER CONTENT
You may post comments and reviews on the Site ("Customer Content"), subject to the rules established herein, as those rules might change from time to time. You must not post any Customer Content that is offensive, profane, indecent, obscene, threatening, abusive, libelous or illegal. Your Customer Content must not violate, plagiarize or infringe the rights of others, and you will indemnify Us and hold Us harmless from all losses, claims, damages and expenses arising from your Customer Content.
You grant Us a perpetual, worldwide, irrevocable, royalty-free license, with the right to grant sublicenses, to (i) modify and create derivative works based upon your Customer Content, and (ii) reproduce, display and distribute your Customer Content, modified versions of your Customer Content and derivative works based upon your Customer Content. We may review Customer Content prior to, or at any time after the Customer Content is first displayed on Site. We may refuse to display, and may at any time cease the display of any Customer Content. No display of any Customer Content is a waiver of our right to cease the display of that Customer Content. Our right to review, refuse and cease the display of Customer Content is not an assumption of any responsibility by Us for Customer Content.
THIRD PARTY WEBSITE
You may be able to link to third party websites, services or resources on the Internet from the Site, and third party websites, services or resources may contain links to the Site (collectively, “Linked Sites”). We are not responsible for the content, availability, advertising, products, services or other materials of any such Linked Sites, or any additional links contained therein, and our inclusion of links to the Linked Sites on the Sites does not imply that we endorse or approve of any materials contained on, or accessible through, the Linked Sites. In no event shall we be liable, directly or indirectly, to you or any other person or entity for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites.
REVIEWS AND COMMENTS
The Site includes information provided by its customers, such as comments and product reviews. The Site is not in any way responsible for such information and does not warrant its accuracy. Your use of this information is at your own risk.
SALES
- Products Description & Availability:
The Product proposed for sale are those displayed on Site at the time of visit with inventory availability. We do our best efforts to have the most accurate product description. However, the pictures presenting the Products are only descriptive and do not constitute a contract term, because the colors and display rendering may vary based on Client’s computer screen.
Products are proposed until inventory lasts. No warranty is provided on availability on products displayed on Site at a given time. In case a product may become unavailable while placing an order, Client will be informed as soon as possible by e-mail that the order is cancelled or partially cancelled.
- Price:
The price of Products is displayed on Site in USD ($), state tax and shipping cost will be displayed during the checkout process based on client delivery address.
We reserve the right, and Client accepts, to modify Product and Shipping prices at any time. These updates shall not modify prices of orders placed before the change.
- Property Transfer:
Product property is transferred to Client only after full payment by Client on Site. Then the risk of delivery loss are barred by Client, this is including loss, thief, breakage.
- Order Process:
- Site visit: Client may navigate Site to view Products with no obligation to buy.
- Placing an order: it is specified that sales are restricted to personal use of Client and not related to resale or professional activities. Orders are limited to a maximum quantity of 5 for a product in the same color and size by order, and total price for an order of a maximum of $2,000.
- Address of delivery: Client may place an order on Site only for U.S. delivery. Any other country will be rejected.
- Order confirmation: the order will be considered final and paid once Client receives an e-mail confirmation of shipment.
- Payment:
Client shall pay its order during checkout on Site. Client shall pay with its credit card (Bank Card, Visa, Mastercard, American Express) or Paypal. Credit card payment requires entry of card number, expiration date, and visual cryptogram (3 or 4 digit on the back of card). No check payment or any payments on delivery are accepted.
We reserves the right to cancel any orders based in case of fraud risk estimation, suspicious activities, history of Client, payment issues.
Client guarantees it has full right to use payment method used on Site to place an order. In case the payment is rejected by the bank system or Paypal, order will be automatically cancelled.
Client is invited to print the summary of the order. The information related to Client order are registered and stored on Site by eBrand Commerce and its bank. This transaction registry will be considered by the Parties to be the proof of transaction.
- Shipping and Returns:
See our shipping and return policies here
LIMITED RESPONSIBILITY
We are only responsible for an obligation of means. The Client remains solely responsible for the appropriateness and fit to its needs and usage of articles ordered.
We cannot be held liable for non-compliant use of products.
We can not be considered responsible for (i ) loss , alteration or fraudulent personal Customer data access , (ii) the accidental transmission of viruses or other harmful elements resulting from access to the Internet or e-mail transmissions .
We do not warrant that the Site will be available continuously without temporary interruption, suspension or error free.
Without limiting the other provisions of the Terms of Use, Our responsibility can be accepted only if a fault is proven attributable exclusively to Us. In any event, it will be limited to direct damage.
We reserve the right to suspend the operation of the Site.
FORCE MAJEURE
We cannot be held liable for the total or partial non-performance of its obligations to, if such non-performance is due to unforeseeable circumstances or the occurrence of an element of force majeure as including, without this list is not exhaustive, flood, fire, storm, lack of raw materials, transport strike, or partial strike or lockout. These events are a cause for suspension and / or termination of Our obligations to the Client, without compensation to the Client.
INTELLECTUAL PROPERTY
Intellectual property rights of all content and the products sold on the Site are and remain the exclusive property of PAYOT. All usage rights are expressly reserved to PAYOT. Under these conditions, no one is allowed to reproduce, distribute or use for any purpose whatsoever, even partially, the intellectual property rights without the prior written consent of PAYOT. The trademarks and logos are trademarks of PAYOT. Any reproduction is therefore an infringement.
SEVERABILITY
If any provision of this Agreement is held to be unenforceable, in whole or in part, such holding will not affect the validity of the other provisions.
UPDATES
We reserve the right to update the Terms of Service of the Site at any time without notice.
CONTACT AND NOTICES
Questions about the Terms of Service may be sent to customerservice@payot.com
All notices, claims, and other legal communications hereunder shall be sent by certified mail to eBrand Commerce, Inc. to the attention of Legal Department 2645 Executive Park Drive #414 Weston, FL 33331 USA.
GOVERNING LAW
These Terms of Service are governed by U.S. laws. Any dispute arising from the application or interpretation of the Terms of Service is the exclusive jurisdiction of the courts of Broward County, Florida.
