Terms and Conditions

SAIMMECOSMETIQUES.COM

The use of this website, saimmecosmetiques.com (hereinafter the “Website”), operated by Saime Cosmétiques Beauté inc. (hereinafter “S’AÏMME”, “us” or “we”) is governed by these terms and conditions (hereinafter the “Terms”). These Terms, as well as our Shipping Policy and Return Policy, apply to your use of the Website and any purchases you make on the Website. By using the Website, you agree to comply with these Terms. If you do not agree to these Terms, do not use the Website and do not make any purchases on the Website.

These Terms may be modified by S’AÏMME at any time and without prior notice. All changes will take effect as soon as they are published on the Website. Your use of the Website will be subject to the most recent version of the Terms published online. Should a conflict exist between a change and an earlier version of the Terms, the most recent version containing the changes will prevail. Please check the Terms regularly. If you do not or cannot agree to these Terms or any changes to them, please immediately discontinue your use of the Website.

The products displayed on the Website can be ordered and delivered within Canada only.

BY ACCESSING THIS WEBSITE, YOU REPRESENT THAT YOU ARE AGED EIGHTEEN YEARS OR OVER AND THAT YOU HAVE READ AND ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, IN WHOLE OR IN PART, PLEASE DO NOT USE THE WEBSITE AND LEAVE THIS PAGE.

WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION, BUT IN PARTICULAR TO IMPROVE YOUR EXPERIENCE ON OUR WEBSITE, TO UPDATE, REVISE OR OTHERWISE MODIFY THESE TERMS AND CONDITIONS. THESE AMENDMENTS WILL BE EFFECTIVE IMMEDIATELY AND WILL BE INCORPORATED HEREIN. WE RECOMMEND THAT YOU REVIEW THESE TERMS AND CONDITIONS REGULARLY TO ENSURE THAT THEY ARE CURRENT.

  1. CONDITIONS OF SALE 

1.1 Product information and availability

The illustrations of the products displayed on the Website are for information purposes only, and products may slightly differ from their illustrations. Also, kindly note that the products displayed on the Website are subject to availability. Although S’AÏMME makes reasonable efforts to update the Website in a timely manner, it might happen that the desired product is in fact not available at the time you wish to proceed with your order. S’AÏMME reserves the right not to accept your order as described below in the section entitled “Refusal or cancellation of an order.” S’AÏMME is not liable for any stock out or any damage that may result from a stock out or a delay in delivery.

Kindly note that in some circumstances (e.g. limited-time special promotions), and except where prohibited by law, S’AÏMME may limit the number of products available for purchase per person, so that as many users as possible may enjoy our offers. 

Kindly note that all products available on the Website, including any samples we may provide to you, as the case may be, are for your personal use only. You shall not sell or resell any products you purchase or otherwise receive from us. S’AÏMME reserves the right, in its sole discretion and without notice, to cancel or reduce the quantity of any order you made should S’AIMME be of the view that your order could likely be made in a violation of these Terms of Use, as determined by S’AÏMME, in its sole discretion.

1.2 Gift cards

S’AÏMME gift cards are electronic and will be sent by email at the email address you have provided in this respect. The following conditions apply to the gift cards:

  • all gift card sales are final and no refunds or exchanges will be provided;
  • they can only be used to purchase products on the Website;
  • they cannot be used to purchase other gift cards;
  • they will not expire and no inactivity, dormancy or other fees will be applied; 
  • they can be used several times to make several purchases;
  • they are not redeemable for cash, except in the province of Quebec where provincial law requires remaining card balances of less than $5.00 to be refunded at the customer’s request;
  • they are subject to any conditions and limitations that can be communicated by S’AÏMME at the time of the gift card purchase.

You can check your card balance by contacting us at hello@saimmecosmetiques.com. Kindly note that the value remaining on your card cannot be replaced in the case the card is lost, stolen, damaged or used. 

Customer refunds for product returns of purchases paid for with a gift card will be made on a gift card, unless the return amount is less than $5 in which case refunds will be made on your credit card.. 

1.3 Payment and Billing

All prices displayed on the Website are quoted in Canadian Dollars and are valid and effective only in Canada. Payment by credit card is the only form of payment accepted for making online purchases on the Website, and the credit card providers that are accepted are subject to any mention or limitation in this respect that may be communicated to you at the time of checkout.

1.4 Refusal or cancellation of an order

S’AÏMME also reserves the right not to process or accept, at its sole discretion and at any time, an order in certain cases, including, but not limited to, cases in which the desired product is out of stock, a pricing error exists or an important information about a product is missing or is inaccurate on the Website. If we do not process an order or refuse an order pursuant to the above, we will notify you, and you will not be billed or, if you have already been billed, we will provide you with a refund.

1.5 Shipping

Please refer to our Shipping Policy

1.6 Refunds or exchanges

Please refer to our Return Policy.

  1. INTELLECTUAL PROPERTY

Unless otherwise indicated, the Website, including but not limited to its content, data, text, images, video and audio, code and software, and trademarks, such as S’AÏMME and SÈME TA BEAUTÉ, are protected by intellectual property and are the property of S’AÏMME.

Other trademarks, names, words, logos and designs may also constitute intellectual property owned by S’AÏMME, another entity of its group, as the case may be, or a third party. You are strictly prohibited from reproducing or otherwise using any trademark or trade name contained in the Website.

You may not download, reproduce, display, publish, transmit, distribute or otherwise use, in whole or in part, in any medium, by any means, for any purpose other than personal, any element of the Website protected by copyright or any other intellectual property right.

  1. INTERACTIONS WITH US AND MEMBERSHIP 

In certain circumstances, for example when you submit a request, post or submit a comment or any information on Website through the functionalities in this respect (the “User Generated Content”), place an order, or register to our promotional emails (e.g. newsletter) or to the member area, S’AÏMME may require that you provide some personal informational including your name, address, email address and other information such as your preferences. The information collected on the Website allows us, notably but with limitation, to process your order and to send you from time to time personalized information, promotions or offers, within the limits permitted under applicable laws. For more information about how we may use and manage your personal information, please refer to our Privacy Policy. 

When you submit or post User Generated Content, you represent that you are the sole author of the User Generated Content and you authorize S’AÏMME to reproduce, display, modify, translate, disseminate and otherwise use the User Generated Content without any limitation and without notice and waive any moral rights in this respect. Kindly note that should S’AÏMME wish to use any of your personal information in relation to the User Generated Content, we will ensure to contact you in order to obtain your prior approval in this respect.    

  1. LIMITATION OF LIABILITY

Although S’AÏMME makes every reasonable effort to ensure the accuracy of the information provided on the Website, the Website and the information contained therein are provided on an “as is” basis without warranty of any kind, either express or implied, including but not limited to, accuracy, safety, completeness or timeliness. 

All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions.

THIS WEBSITE MAY CONTAIN INFORMATION ABOUT WELL-BEING, SKIN CONDITIONS OR HEALTH AND/OR HEALTH IN GENERAL. HOWEVER, ALWAYS CONSULT A QUALIFIED PROFESSIONAL FOR ACCURATE, PROPER AND SPECIFIC ADVICE. THE WEBSITE AND THE INFORMATION RELATED TO IT ARE NOT INTENDED AND SHOULD NOT BE USED AS A SUBSTITUTE FOR PROFESSIONAL OR MEDICAL JUDGEMENT, COUNSELING, ADVICE, DIAGNOSIS OR TREATMENT OF ANY SKIN OR HEALTH CONDITION BY A PROFESSIONAL. USERS SHOULD NOT RELY ON INFORMATION PROVIDED VIA THE WEBSITE TO PREVENT, DIAGNOSE, CURE, MITIGATE OR MANAGE ANY SPECIFIC HEALTH CONDITIONS, UNLESS ON THE ADVICE OF A PROFESSIONAL. THE WEBSITE MAKES NO CUSTOMIZED RECOMMENDATIONS REGARDING YOUR SPECIFIC SKIN AND/OR HEALTH CONDITIONS. ANY QUESTION RELATED TO YOUR SKIN OR YOUR HEALTH SHOULD BE DISCUSSED AS PART OF A CONSULTATION WITH A QUALIFIED PROFESSIONAL. 

In no way does S’AÏMME guarantee that the Website will be accessible or functional without interruption or that its content is and will be free of errors, viruses, defects, harmful elements or other materially harmful components. S’AÏMME, its affiliates, as the case may be, their partners, shareholders, directors, officers, employees, agents and representatives disclaim all liability for the malfunction of any computer component, software or communication line, for the loss or absence of network communication or for any transmission that is faulty, incomplete, incomprehensible or deleted by any computer or network and that may limit or prevent any person from accessing the Website. In no event shall S’AÏMME be liable for any damages of any kind, including actual, direct, indirect or consequential damages, resulting in whole or in part from the downloading of any web page or software, the transmission of any information related to navigation on the Website, or the use or relevance of information available on or related to the Website.

  1. ACCESS RESTRICTIONS

S’AÏMME reserves the right at any time, at its sole discretion and without notice, to suspend or cancel a user’s account or profile, notably but without being limited to, should S’AÏMME have grounds to believe that this user’s conduct contravenes or is likely to contravene  in whole or in part these Terms of Use. S’AÏMME also reserves the right to restrict a user’s access to the Website, in whole or in part. In such event, S’AÏMME shall not be liable for any such suspension, cancellation or restriction, nor for any damage of any kind whatsoever resulting directly or indirectly therefrom, including without limitation should such limitation or cancellation result in a cancellation or reduction of an order placed the user.

  1. LINKS TO OTHER SITES

The Website may contain links to websites operated by third parties (the “Third Party Websites”). By clicking on these links, you leave the Website. S’AÏMME has no control over the operation of Third Party Websites. The fact that the Website contains a reference to these Third Party Websites does not in any way engage S’AÏMME’s liability. We recommend that you pay particular attention to the terms of use and privacy policies of these Third Party Websites.

  1. PRIVACY OF PERSONAL INFORMATION

S’AÏMME is committed to protecting your personal information. To learn more about the personal information we may collect when you access or use the Website and how we use, store and disclose it, if applicable, please refer to our Privacy Policy, which is incorporated into these Terms and Conditions.

  1. GENERAL INFORMATION

These Terms and Conditions, which incorporate our Privacy Policy, Shipping Policy and Return Policy, constitute the entire agreement between you and S’AÏMME regarding your browsing and use of the Website. S’AÏMME’s failure to insist on the strict performance of a clause of these Terms and Conditions or its failure to enforce it shall not be construed as a waiver of the application of that clause or a right. In the event that a court of competent jurisdiction finds any provision of the Terms and Conditions to be void, invalid or unenforceable, the remaining provisions of the Terms and Conditions not covered by such judgment shall continue to apply to the extent permitted by law.

  1. APPLICABLE LAW AND JURISDICTION

These Terms and Conditions are governed exclusively by the laws of the Province of Quebec and the federal laws applicable therein, regardless of your place of residence or location. Any dispute, recourse or claim arising out of or in connection with these Terms and Conditions or the use of the Websites or their content shall be submitted to the exclusive jurisdiction of the competent courts in the judicial district of Montreal, province of Quebec, Canada.

  1. CONTACT US

If you have any questions about our Terms or policies or if you have any problems using our Website, please contact us at hello@saimmecosmetiques.com.