Terms of Service

Terms of Service Agreement

Welcome to Esméa Cosmetics. These Terms of Service ("Terms") govern your use of our website located at esmeacosmetics.com ("Website") and any related services provided by Esméa Cosmetics ("Company," "we," "us," or "our").

By accessing or using our Website, you agree to be bound by these Terms. If you disagree with any part of these terms, then you may not access the Website or use our services.

1. Acceptance of Terms

By accessing and using this Website, you accept and agree to be bound by the terms and provision of this agreement. Additionally, when using this Website's particular services, you shall be subject to any posted guidelines or rules applicable to such services.

2. Description of Service

Esméa Cosmetics operates an e-commerce platform specializing in premium Korean skincare, beauty products, and cosmetics. We provide:

• Online retail sales of Korean beauty and skincare products
• Product information, reviews, and educational content
• Customer service and support
• Skincare consultation services
• Newsletter and marketing communications
• Blog and educational content about Korean beauty

3. User Accounts

Account Creation

To access certain features of our Website, you may be required to create an account. When creating an account, you must provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

Account Security

You agree to:

• Keep your password secure and confidential
• Notify us immediately of any unauthorized use of your account
• Log out of your account at the end of each session
• Accept responsibility for all activities under your account

4. Product Information and Availability

We strive to provide accurate product descriptions, images, and pricing information. However, we do not warrant that product descriptions or other content is accurate, complete, reliable, current, or error-free. Products and services are subject to availability, and we reserve the right to discontinue any product at any time.

All prices are subject to change without notice. We reserve the right to correct any errors in pricing, even after an order has been submitted.

5. Orders and Payment

Order Acceptance

We reserve the right to refuse or cancel any order for any reason, including but not limited to:

• Product unavailability
• Errors in product or pricing information
• Suspected fraudulent activity
• Orders that exceed quantity limitations

Payment Terms

Payment is due at the time of order placement. We accept major credit cards, PayPal, and other payment methods as indicated on our Website. By providing payment information, you represent that you are authorized to use the designated payment method.

Pricing and Taxes

All prices are displayed in Canadian dollars unless otherwise specified. Applicable taxes will be added to your order total at checkout. Shipping costs are calculated based on your location and will be displayed before order completion.

6. Shipping and Delivery

We ship to addresses within Canada and the United States. Shipping times and costs vary based on location and shipping method selected. While we strive to meet estimated delivery dates, we are not responsible for delays caused by shipping carriers or circumstances beyond our control.

Risk of loss and title for products pass to you upon delivery to the shipping carrier. We are not responsible for lost, stolen, or damaged packages once they have been delivered to the shipping address provided.

7. Returns and Exchanges

We want you to be completely satisfied with your purchase. Our return policy allows for returns within 14 days of delivery, subject to the following conditions:

• Products must be unused and in their original condition
• Original packaging must be intact
• Proof of purchase is required
• Return shipping costs are the responsibility of the customer unless the return is due to our error

Certain products may not be eligible for return due to hygiene or safety reasons. Personalized or customized products are not returnable unless defective.

8. Prohibited Uses

You may not use our Website for any unlawful purpose or to solicit others to take or refrain from taking unlawful action. You may not use our Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party's use of the Website.

Specifically, you agree not to:

• Use the Website for any fraudulent or unlawful purpose
• Violate any applicable laws or regulations
• Infringe upon intellectual property rights
• Transmit harmful or malicious code
• Attempt to gain unauthorized access to our systems
• Engage in any form of harassment or abuse
• Resell our products without authorization

9. Intellectual Property Rights

The Website and its original content, features, and functionality are and will remain the exclusive property of Esméa Cosmetics and its licensors. The Website is protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website without our prior written consent.

10. User Content

Our Website may allow you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("User Content"). You are responsible for the User Content that you post to the Website, including its legality, reliability, and appropriateness.

By posting User Content to the Website, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content on and through the Website for marketing and promotional purposes.

11. Privacy Policy

Your privacy is important to us. Please review our Privacy Policy, which also governs your use of the Website, to understand our practices regarding the collection and use of your personal information.

12. Disclaimers and Limitation of Liability

Website Disclaimer

The information on this Website is provided on an "as is" basis. To the fullest extent permitted by law, this Company excludes all representations, warranties, conditions, and terms express or implied, statutory or otherwise.

Product Disclaimer

Individual results may vary when using our products. We make no guarantees regarding the effectiveness of any product for your specific skin type or concerns. Always perform a patch test before using new products and consult with a healthcare professional if you have specific skin conditions or concerns.

Limitation of Liability

In no event shall Esméa Cosmetics, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your use of the Website or products.

13. Indemnification

You agree to defend, indemnify, and hold harmless Esméa Cosmetics and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees).

14. Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Website will cease immediately.

15. Governing Law

These Terms shall be interpreted and governed by the laws of the Province of Quebec and the federal laws of Canada applicable therein. Any disputes arising from these Terms or your use of the Website shall be subject to the exclusive jurisdiction of the courts of Quebec.

16. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days notice prior to any new terms taking effect. Your continued use of the Website after such changes constitutes acceptance of the new Terms.

17. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

18. Contact Information

If you have any questions about these Terms of Service, please contact us:

• Email: hello@esmeacosmetics.ca
• Phone: +1 (438) 868-3007
• Address: Montreal, Quebec, Canada

These Terms of Service constitute the entire agreement between you and Esméa Cosmetics regarding the use of our Website and supersede all prior agreements and understandings, whether written or oral, relating to the subject matter herein.