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  • Terms of Use

    (Updated as of October 12, 2017)

    These terms of conditions of use (the “Terms of Use”) constitute a binding agreement between you (the “User” or “Users”) and Ma Beaute Inc., a Delaware corporation (“MBI”) in connection with the content and services available on the website www.MonShampoing.com (the “Site”). Without any limitation, by accessing our servers, websites, or content therefrom, you agree to be bound by these Terms of Use, including the Privacy Policy incorporated herein by reference and other terms and conditions and policies which you may find throughout our Site, all of which are deemed a part of and included within these Terms of Use.

    To purchase on the Site, you represent and warranty that you are at least 18 years old and that all information you have provided to MBI to gain access to our Site are accurate and truthful.  If you are under 18 years of age, you may only browse the Site if you are over 13 years old but may not make any purchases without your parent or guardian’s permission.

    By making a purchase on the Site, you acknowledge that you have read, understand and agree, without limitation or qualification, to be bound by and comply with these Terms of Use, all applicable laws and to collect and pay all applicable taxes.  You must keep your account information up-to-date and accurate at all times, including a valid email and address.

    MBI reserves the right to refuse any membership submission submitted through the Site or any purchase of goods for any reasons, at any time or from time to time.  MBI reserves the right, in its sole discretion, to terminate or cancel any unconfirmed or inactive accounts.

    IF YOU DO NOT AGREE TO MBI’S TERMS OF USE, YOU MAY NOT USE ITS SITE.

    Article 1 – Products for Personal Use

    The products and services available on the Site, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples thereof, you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms of Use.

    Article 2—Shipping and Handling, Return Policy

    To view the return policy related to orders placed through our Site (such as order processing, shipping and handling, returns and exchanges), click here.

    Article 3 – Grant of Limited Use To Access Site

    We grant you a limited, revocable, non-transferable, and non-exclusive license to access and make personal use of the Site. You understand and agree that you will not do or attempt to do or cause any third party to do or attempt to do any of the following in connection with your use of the Site:

     

    • frame or utilize framing techniques to enclose the Site or any portion thereof;
    • use any meta tags, “hidden text”, robots, spiders, crawlers, or other tools, whether manual or automated, to collect, scrape, index, mine, republish, redistribute, transmit, sell, license or download the Site, Content (except caching or as necessary to view the Site), or the personal information of others without our prior written permission or authorization;
    • make any use of the Site or any Content other than for personal use;
    • modify, reverse engineer or create any derivative works based upon the Site or any Content;
    • impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
    • “stalk” or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way;
    • intentionally violate any applicable local, state, national or international law;
    • transmit, upload, post, e-mail, share, distribute, reproduce, or otherwise make available any software viruses, malware, program, code, file, or other material intended to interrupt, disrupt, alter, destroy, or limit any part of the Site; and/or
    • engage or make any unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of “spam.”

     

    We also grant you a limited, revocable, non-transferable, and non-exclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to the Site (i) may link to, but not replicate, any and/or all of our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive controversial or illegal or inappropriate for any ages (as determined in our sole discretion); (v) may not portray us or our products or services in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and/or (vi) may not link to any page of the Site other than the home page. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by us to resume linking.

     

    Any unauthorized use by you of the Site or any and/or all of our Content automatically terminates the limited licenses set forth in this Article 3 without prejudice to any other remedy provided by applicable law or these Terms of Use.

     

    By accessing or using the Site or any Content, you agree that you will comply with these Terms of Use and any warnings or instructions on the Site. You agree that when accessing or using the Site or any Content, you will act in accordance with the law, custom and in good faith. You may not make any change or alteration to the Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms of Use, if you default negligently or willfully in any of the obligations set forth in these Terms of Use, you shall be liable for all the losses and damages that this may cause to us, our parents, subsidiaries, affiliates, partners or licensors.

    MBI reserves the right to shut down without notice your account if you violates this Article 3 or any other provision of these Terms of Use.

     

    Article 4—Using your Account

     

    Subject to the age restrictions outlined above, you may view and use many features of the Site without registering, including making purchases, but in order to access and use some parts of the Site, you may need to register an account with us. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. If there has been an unauthorized use of your password or account, please notify us immediately. You are responsible for providing and maintaining current, complete, accurate and truthful information on your account. You agree to accept responsibility for all activities that occur with your permission or authorization under your account, username and/or password, or because you fail to maintain sufficient security over your account, username and/or password. 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 of Use provided herein, and to the extent you do not have such authority you agree to be bound to these Terms of Use and to accept liability for harm caused by any wrongful use of the Site or Content resulting from such access or use.

     

    You may cancel your online account with us at any time by contacting us by email at contact@monshampoing.com. We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms of Use are violated or if we decide, in our sole discretion, that it would be in our best interest to do so.

     

    Article 5 – Content of the Site

    MBI attempts to be as accurate as possible when describing its products on the Site; however we do not warrant that the product descriptions, colors, information or other content available on the Site (the “Site Content”) are accurate, complete, reliable, current, or error-free.

    This Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.

    Article 6–User Content

    When you transmit, upload, post, e-mail, share, distribute, reproduce or otherwise make available suggestions, ideas, inquiries, feedback, data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials (“User Content“) on the Site in any manner, you are entirely responsible for such User Content. You hereby grant to us a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, and otherwise exploit such User Content throughout the world, in all media now known or hereafter developed, for any purpose whatsoever, including without limitation, developing, manufacturing, distributing and marketing products.

    You represent and warrant that you own or otherwise control the rights to your User Content. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing, sharing, distributing, reproducing, or otherwise making available User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, 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, fraudulent, 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.

    We are in no way responsible for examining or evaluating User Content, nor do we assume any responsibility or liability for the User Content. 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, for any errors or omissions in any User Content, or for 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 hereby waive all rights to any claims against us for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with User Content.

    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. Without limiting the generality of the foregoing or any other provision of these Terms of Use, we have the right to remove any User Content that violates these Terms of Use or is otherwise objectionable and we reserve the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms of Use or infringe the rights of others.

    Removal of User Content

    If you wish to delete certain of your public User Content, such as your ratings and reviews posting(s), on the Site, please contact us by email at contact@monshampoing.com and include the following information in your deletion request: first name, last name, user name/screen name (if applicable), email address associated with our website, your reason for deleting the posting, and date(s) of posting(s) you wish to delete (if you have it). We may not be able to process your deletion request if you are unable to provide such information to us. Please allow up to 10 business days to process your deletion request.

    Article 7—Indemnification

    You agree to defend, indemnify and hold us, our subsidiaries, affiliates, partners, licensors, shareholders, officers, directors, employees, and agents (the “Indemnified Parties”) harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand arising from (i) your use of the Site or the Site Content in violation of any law, rule, regulation or these Terms of Use, or (ii) any part of your User Content. You also agree to indemnify the Indemnified Parties for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

    Article 8 – Breach

    Without limiting any other remedies, MBI may, without notice, and without refunding any fees, delay or immediately remove Content, warn MBI’s community of a User’s actions, issue a warning to a User, temporarily suspend a User, temporarily or indefinitely suspend a User’s account privileges, terminate a User’s account, prohibit access to the Site, and take technical and legal steps to keep a User off the Site and refuse to provide services to a User if any of the following apply:

    • MBI suspects a User has breached these Terms of Use or the Privacy Policy;
    • MBI cannot verify or authenticate any of User’s personal information or Content; and
    • MBI believes that a User is acting inconsistently with the letter or spirit of MBI’s policies and/or these Terms of Use, has engaged in improper or fraudulent activity in connection with MBI services or the actions may cause legal liability or financial loss to any User of MBI or to MBI.

    To protect MBI from risk of liability for your actions as a seller, MBI has at times recommended, and may continue to recommend, that PayPal restrict access to funds in a seller’s PayPal account based on certain factors, including, but not limited to, selling history, seller performance, returns, riskiness of the listing category, or transaction value. This may result in PayPal restricting funds in your PayPal account.

    Article 9 – Resolution of disputes

    If a dispute arises between you and MBI, the parties will have 30 days from the date of notice of the dispute to resolve it amicably.  If the parties fail to resolve amicably the dispute arising from or relating to the subject matter of these Terms of Use, the use of the Site, the relationship between the parties it shall be finally settled by confidential arbitration in New York County, New York, using the English language in accordance with the American Arbitration Association (“AAA“) under its rules and procedures, including the AAA’s Consumer-Related Disputes Supplementary Rules (as applicable), as modified by this agreement to arbitrate. The AAA’s rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be decided by one commercial arbitrator, who shall be selected in accordance with the AAA rules. ARBITRATION MEANS THAT AN ARBITRATOR(S) WILL DECIDE THE CLAIM, AND YOU WILL NOT HAVE THE RIGHT TO SUE IN COURT OR TO HAVE A JUDGE OR JURY DECIDE YOUR CLAIM. YOUR RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY ALSO BE LIMITED IN ARBITRATION

    YOU AND MBI AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND MBI AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.

    Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse MBI for all fees associated with the arbitration paid by MBI on your behalf that you otherwise would be obligated to pay under the AAA’s rules.

    Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of these Terms of Use, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the Southern District of New York. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation, this Article.

    You and MBI agree that any cause of action arising out of or related to the Site (including, but not limited to, any services provided or made available in connection therein) or these Terms of Use must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

    Article 10 – Intellectual Property Rights

    All marks, names, logos, drawings, content, code source, software application, functionalities, designs, whether proprietary or non-proprietary, patentable or not, contained in or published on the Site, including its look and feel (the “IP Rights”) are the exclusive property of MBI and its subsidiaries, affiliates, partners or licensors, and is protected by United States and international laws, including laws governing copyrights and trademarks.  You may not use or reproduce any such IP Rights without MBI’s express and written consent.

     

    Article 11 – Privacy Policy

    MBI will only use personal information only in accordance with its Privacy Policy.

    MBI responds to notices of alleged copyright infringement under the United States Digital Millennium Copyright Act. MBI works to ensure that listed products or related items and content on its Site or in do not infringe upon the copyright, trademark, or other intellectual property rights of third parties. If you believe that your intellectual property rights have been infringed, please notify MBI via e-mail without delay and provide the following:

    • A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that you claim is infringed;
    • Identification of the copyrighted work(s) that you claim has been infringed;
    • A description of the material that you claim is infringing and the location of that material on the Site;
    • Your address, telephone number and email address;
    • A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
    • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

    Our designated agent for notice for claims of copyright infringement is Roi Mallach, Chief Operating Officer, Ma Beaute Inc., 201 S Biscayne Blvd, 28th Floor Miami, FL 33131. Telephone: + 1(855) 697-4267. Email: roi@monshampoing.com. NOTE: THE ABOVE CONTACT INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING MA BEAUTE INC. THAT COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS AND SHOULD BE DIRECTED TO OUR CUSTOMER SERVICE BY EMAIL TO: contact@monshampoing.com.

    Article 12 – Warranties

     

    EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAWS, MBI, AND ANY OF ITS SUBSIDIARIES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR SUPPLIERS, DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, RESULTS OF USE, RELIABILITY, TITLE, INTERFERENCE WITH QUIET ENJOYMENT, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, FITNESS FOR A PARTICULAR PURPOSE OR OTHER BENEFIT THAT YOU MIGHT OBTAIN THROUGH YOUR PARTICIPATION IN THESE TERMS OF USE AND THE SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR HARDWARE DEVICE(S) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE SITE.

     

    FURTHER, MBI DISCLAIMS ANY WARRANTY THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ACKNOWLEDGE THAT PRODUCTS THAT MAY BE DISPLAYED IN THE CONTENT ARE SOLD BY THIRD PARTY MERCHANTS, NOT BY MBI. THE CONTENT MAY CONTAIN LINKS TO THIRD PARTY WEBSITES THAT ARE SELLING DISPLAYED PRODUCTS, AND THOSE THIRD PARTY WEBSITES MAY BE SUBJECT TO ADDITIONAL TERMS OF USE.

     

    YOU ACKNOWLEDGE AND AGREE THAT MBI IS NOT RESPONSIBLE OR LIABLE FOR THE AVAILABILITY OR ACCURACY OF SUCH THIRD PARTY WEBSITES, OR FOR THE CONTENT, PRODUCTS OR SERVICES ON OR AVAILABLE FROM SUCH WEBSITES. MBI DOES NOT GUARANTEE THE ACCURACY OF CONTENT, AND WILL NOT ASSUME ANY LIABILITY FOR USERS’ (1) PURCHASE DECISIONS (AND THE SUBSEQUENT USE OF PURCHASED PRODUCTS AND SERVICES) THAT MAY BE INFORMED BY, THE INFORMATION PROVIDED IN THE SITE, OR ITS CONTENT OR (2) THIRD PARTIES’ CONTENT, ACTIONS OR INACTIONS, OR YOUR INTERACTIONS WITH ANY THIRD PARTIES IN CONNECTION WITH THE SITE. IF YOU HAVE A DISPUTE WITH ONE OR MORE THIRD PARTIES IN CONNECTION WITH YOUR USE OF THE SITE, YOU RELEASE MBI (AND ITS OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

     

    Article 13 – Limitation of liability

     

    ONLY LIMITATIONS THAT ARE LAWFUL IN THE APPLICABLE JURISDICTION WILL APPLY TO YOU AND MBI’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

     

    MBI OR ANY OF ITS SUBSIDIARIES, SHAREHOLDERS. DIRECTORS, OFFICERS, EMPLOYEES OR SUPPLIERS WILL HAVE NO DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, STATUTORY, PUNITIVE, OR OTHER LIABILITY WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, UNDER THESE TERMS OF USE OR OTHERWISE IN CONNECTION WITH THE SITE, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH LIABILITY AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

     

    UNDER THESE TERMS OF USE OR OTHERWISE IN CONNECTION WITH THE SITE, IN THE EVENT THAT THE ABOVE IS NOT ENFORCEABLE, MBI’S LIABILITY SHALL NOT EXCEED THE LOWER OF (i) $100 AND (ii) THE AMOUNT OF FEES YOU PAID TO MBI IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY. THE FOREGOING LIMITATIONS SHALL APPLY TO ALL CLAIMS ARISING FROM THESE TERMS OF USE, OR THE SITE.

     

    Article 14 – Changes to Site or Terms of Use

     

    MBI reserves the right to make changes to the Site, or these Terms of Use from time to time for any reason.  Any material changes will take effect immediately for new accounts and upon the posting of a notice of the changes on the Site. If you do not agree to any change, you may cancel your account on the Site. Any use of the Site constitutes an acceptance by you of any changes to the Terms of Use or Site.

     

    Article 15 – Governing law

     

    These Terms of Use shall in all respects be interpreted and governed by the laws of the State of New York, excluding its conflict of laws rules.

     

    Article 16 – Severability

     

    If any provision of these Terms of Use are held unenforceable, then such provision will be modified to reflect the parties’ intention.  All remaining provisions of these Terms of Use shall remain in full force and effect.

     

    Article 17 – No agency

     

    You acknowledge that you will not hold yourself out as an agent, partner or co-venturer of MBI and that these Terms of Use are not intended and do not create an agency, partnership, joint venture or any other type of relationship with you.

     

    Article 18 – Consent to Receive Notices Electronically by Posting on the Site and Via Email

     

    You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices“) to which these Terms of Use refer from us electronically including without limitation by e-mail or by posting notices on this Site. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by emailing us at contact@monshampoing.com and discontinue your use of this Site. In such event, all rights granted to you pursuant to these Terms of Use, including but not limited to Article 3 hereof, shall automatically terminate. Unfortunately, we cannot provide the benefits of this Site to any user that cannot consent to receipt of Notices electronically.

    Please note that this consent to receive Notices is entirely separate from any election you may make with respect to receipt of marketing communications. Your options with respect to receipt of marketing communications are set forth in our Privacy Policy.

     

    Article 19 –Entire Agreement

     

    You acknowledge and agree that these Terms of Use constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.  The headings in the Terms of Use are for convenience only and shall not be used in its interpretation.

     

    Article 20–Special Events

     

    The Site may offer certain special offerings or events (such as contests, sweepstakes or other offerings) which may (a) be subject to terms of use, rules and/or policies in addition to or in lieu of these Terms of Use, and (b) be offered by us or by third parties. If so, we will notify you of this and if you choose to take advantage of these offerings, you agree that your use of those offerings will be subject to such additional or separate terms of use, rules and/or policies.

     

    Copyright © Ma Beaute Inc. All worldwide rights reserved.

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