Terms of Use

This Website (https://eu.samplingmadesimple.com and https://fr.samplingmadesimple.com) is owned by the Arcade Beauty Group which trades as “Arcade Beauty” (hereafter called “Arcade Beauty” or “AB”) and operated by different subsidiaries of Arcade Beauty. Throughout the Site and these Terms of Use, the terms "we", "us" and "our" refer to Arcade Beauty.

The products and services offered on the Site are provided to you, depending of the type of products and services ordered, either by

    (i) SOCOPOL, a Polish company (spolka z orgraniczona odpowiedzialnoscia) with an issued capital of 11,814,800 PLN, having its registered office located at U. Radzka – Ul. Ksiecia Ziemowita 59 – 03-885 – Warsaw - Poland, registered with the Trade and Companies Register of Poland under number 238 630; or either by

    (ii) SOCOPLAN, a French company (simplified joint-stock company with a sole shareholder), with an issued capital of 1 500 000 €, having its registered office located at Route de Parthenay Saint Jean de Thouars 79104 THOUARS Cedex, registered at the Trade and Companies Register of NIORT under number 627 020 373.

Depending of the type of products and services, SOCOPOL and/or SOCOPLAN is your contractual partner for the providing of the products and services ordered by you through the Site.

Please carefully read the following Site and purchase terms of use (“Terms of Use”) before using the Site.

Arcade Beauty offers this Site, including all information, content, materials, tools, products and services available from this Site, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies, statements and notices stated within these Terms of Use and elsewhere within the Site. By accessing and/or using this Site (including, but not limited to, placing an order through this Site), you agree to be bound by these Terms of Use, including disclaimers. In these Terms of Use, “you” means you personally if you will exercise the license and/or rights granted for your own benefit, but it means your company (or you on behalf of your company) if you will exercise the license and/or rights granted for your company’s benefit.

We reserve the right, in our sole discretion, to change, modify or otherwise alter these Terms of Use at any time by posting revised terms on the Site or made accessible via the Site. Major changes made to these Terms of Use will be brought to your attention by the appearance of a pop-up window the next time you use the Site after the modification of the Terms of Use. Please review the Terms of Use periodically because it is your responsibility to check for any major or minor changes we may make to these Terms of Use. Your continued use of this Site following the posting of changes to these Terms of Use or other policies or statements, as well as your warning of these changes by a pop-up window, will constitute your acceptance.

By registering for a Site user account and/or placing an order through this Site, you warrant that you are at least eighteen (18) years old and that you are capable of entering into legally binding contracts.

The products and services offered on this Site are for professional purposes only. By placing an order on the Site, you warrant that you act on your own behalf or on the behalf of the entity you represent exclusively for professional purposes.


I. CONDITIONS OF USE OF THE SITE

1. PRIVACY

We respect your privacy. Our Privacy Notice, located at https://eu.samplingmadesimple.com/pages/privacy-notice, is incorporated into and forms a part of these Terms of Use and is part of our agreement with you. Please read our Privacy Notice carefully as it describes, among other things, how we collect, use, share, sell, transmit, transfer and secure information obtained when you access and use our Site.


2. USE OF CONTENT ON THE SITE

All Content on this Site (including, without limitation, Web pages, data, information, messages, text, images, photographs, graphics, artwork, audio and video, and documents such as press releases, product data sheets, and product and marketing information), is the exclusive property of and owned by Arcade Beauty and other affiliated companies doing business as “Arcade Beauty” and its and their respective parents and its and their respective subsidiaries worldwide (collectively, “Arcade Beauty Group”), its licensors or its Content providers (collectively, “Content Owners”) and is protected by copyright, trademark and other applicable laws. You may only access, copy, download and print the Content contained on the Site for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the Content you access, copy, download or print. Any other use of Content on the Site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any Content, or use of the Site for purposes competitive to Arcade Beauty Group, is expressly prohibited. The Content Owners retain full and complete title to their respective Content provided on or through the Site, including all associated intellectual property rights. We provide this Content to you under a non-exclusive limited license that is revocable at any time in our sole discretion. The Content Owners neither warrant nor represent that your use of Content provided on or through the Site will not infringe rights of third parties not affiliated with us and reserve all rights and licenses not expressly granted in these Terms of Use.


3. FEATURES AND FUNCTIONALITY PROVIDED BY THIRD PARTIES; THIRD PARTY TERMS

Certain of the Content, features and functionality on the Site may be owned and operated by third parties (collectively, “Third Party Providers”). Your use of and interaction with such Content, features and functionality (collectively, “Third Party Content”) may be subject to separate terms and conditions. In that event, you acknowledge that these Terms of Use will not apply to your use of the Third Party Content and that you will be subject to and comply with the terms and conditions offered by such Third Party Providers. YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE OR OTHERWISE LIABLE FOR THIRD PARTY CONTENT OR THE ACTS OR OMISSIONS OF THIRD PARTY PROVIDERS AND THAT ANY CLAIMS OR OTHER CAUSES OF ACTION AVAILABLE TO YOU IN CONNECTION WITH EITHER OF THE FOREGOING WILL BE BROUGHT AGAINST THE APPLICABLE THIRD PARTY PROVIDER(S) AND NOT US OR ANY OTHER MEMBER(S) OF ARCADE BEAUTY GROUP.


4. TRADEMARKS AND COPYRIGHT

All Arcade Beauty trademarks, trade names, logo, slogan, service marks, service names, product names, and intellectual property, whether or not delineated in large print or with trademark symbols or in any other fashion, are trademarks and/or intellectual property of the Arcade Beauty Group. Nothing on this Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Site without the owner’s prior written permission, except as otherwise expressly described herein. This Site and all of its Content is protected as a compilation under the copyright laws of the United States and of other countries. The use (except as explicitly permitted herein) or misuse of the trademarks, copyrights or any other intellectual property of Arcade Beauty Group is expressly prohibited and may be in violation of copyright, trademark, slander or libel laws, privacy law and publicity and communications regulations and statutes. Please be advised that Arcade Beauty Group actively and aggressively enforces its intellectual property and other rights to the fullest extent of the law.


5. YOUR ACCOUNT

When and if you use the Site, it shall be your sole responsibility to provide true, accurate, current and complete information about yourself and maintain the confidentiality of your e-mail address, password and any other account identifiers related to any personal account you may have created on the Site (the "Account"), and for restricting access to your computer(s) and devices. You also agree to accept sole responsibility for any and all activity that occurs under your Account. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your e-mail address, password and any other account identifiers related to any personal account you created on the Site, you must notify us immediately. We may assume that any communications we receive under your e-mail address, password and any other account identifiers related to any personal account you created on the Site have been made by you unless we receive timely notice otherwise.


6. YOUR CONTENT

You agree that you will only upload, transmit, or otherwise make available ("Share") on or through the Site, Content that you have the right and authority to share and for which you have the right and authority to grant to us all of the licenses and rights set forth herein. By sharing Content, you grant us an unrestricted, worldwide for the full period of the protection of your intellectual property rights, royalty-free, irrevocable, nonexclusive, fully sub-licensable license to use and reproduce the Content to fulfill your order and for our promotional purposes in any form, medium, or technology now known or later developed. You warrant that: (a) you have the right and authority to grant this license; and (b) our exercise of the license and/or rights granted pursuant to this license will not infringe or otherwise violate any third party rights.

You agree that you will only upload, transmit, or otherwise make available ("Share") on or through the Site, Content that you have the right and authority to share and for which you have the right and authority to grant to us all of the licenses and rights set forth herein. By sharing Content, you grant us an unrestricted, worldwide for the full period of the protection of your intellectual property rights, royalty-free, irrevocable, nonexclusive, fully sub-licensable license to use and reproduce the Content to fulfill your order and for our promotional purposes in any form, medium, or technology now known or later developed. You warrant that: (a) you have the right and authority to grant this license; and (b) our exercise of the license and/or rights granted pursuant to this license will not infringe or otherwise violate any third party rights.

You agree that you will neither use the Site in a manner, nor Share any Content, that: (a) is false or misleading; (b) is defamatory, derogatory, degrading or harassing of another or constitutes a personal attack; (c) invades another's privacy or includes, copies or transmits another's confidential, sensitive or personal information; (d) promotes bigotry, racism, hatred or harm against any group or individual; (e) is obscene or not in good taste; (f) violates or infringes or promotes the violation or infringement of another's rights, including intellectual property rights; (g) you do not have the right and authority to share and grant the necessary rights and licenses for; (h) violates or promotes the violation of any applicable laws or regulations; (i) contains a solicitation of funds, goods or services, or promotes or advertises goods or services; or (j) contains any viruses, Trojan horses, or other components designed to limit or harm the functionality of a computer, systems, network or data. We may report you to the relevant authorities and may act under the fullest extent of applicable laws if you transmit or upload content intended or designed to cause harm.

We do not want to receive confidential or sensitive information from you through or in connection with the Site. Notwithstanding anything that you may note or state in connection with Sharing Content, it shall not be considered confidential or sensitive information and shall be received and treated by us on a non-confidential and unrestricted basis and we shall not take and shall not be required to take any steps to safeguard the confidentiality of any information that you share, other than as specified in these Terms of Use.



7. CONDUCT

You or third parties acting on your behalf may not: (i) use contact information provided on the Site for unauthorized purposes, including marketing; (ii) use any hardware or software intended to damage or interfere with the proper working of the Site or to surreptitiously intercept any system, data or personal information from the Site; (iii) interrupt or attempt to interrupt the operation of the Site in any way; (iv) frame this Site or use Arcade Beauty Group’s proprietary marks, or any mark, word, term or slogan likely to be confused therewith, as meta tags or anything else, without our or the applicable Arcade Beauty Group member’s duly authorized prior written consent; (v) use frames or utilize framing techniques or technology to enclose any content included on the Site; or (vi) utilize any Content in any meta tags or any other "hidden text" techniques or technologies.



8. LINKS TO OTHER WEBSITES

When you access a Site other than our Site, please realize that it is independent of us. Linking to any off-site pages is at your own risk. We make no warranties or representations about any website other than our Site and have no responsibility or liability to you or anyone else for such websites or their content. In addition, certain third party websites may also provide links to our Site. None of such links should be deemed to imply that we endorse such third party websites or any content therein.


9. ACCURACY, COMPLETENESS AND TIMELINESS ON INFORMATION ON THIS SITE

We make our best efforts to provide accurate, complete and current Content on this Website. You are informed that the Content on this Site is provided for your general information, and may vary from time to time depending of the modifications of our offers (including after you have submitted your order). However, in case of modification of the Terms of Use after you have submitted your order, the version of the Terms of Use in force at the time of the placing of your order shall apply to your order. This Site may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. You agree that you have the responsibility to check changes to the Site before placing your order in order to verify the conditions in force.


II. CONDITIONS OF SALE OF THE SITE

10. MERCHANDISE AVAILABILITY

Availability of merchandise may vary on the Site. Some featured items may be available only in limited quantities or only while supplies last. Display of an item on the Site is not a guarantee that the item will be available or in stock at the time you wish to place an order or that it will be available on our Site when you visit again. If you are unable to locate a particular item that caught your attention on a previous visit to our Site or if you have any questions concerning the availability of a particular item, please contact our Customer Services group via our Contact Us Page. We will make our best efforts to fulfill your requests whenever possible.


11. MERCHANDISE DISPLAY

Arcade Beauty will make every reasonable effort to display its merchandise on the Site as accurately as possible. Unfortunately, various factors, including the display and color capabilities of your computer monitor, may significantly affect what you actually see on your screen. We are not responsible for the display of any color, texture or detail of its merchandise on your computer screen and cannot guarantee the accuracy thereof.


12. TERMS OF PAYMENT

12.1 Payment options

When placing an order on the Site, you have the option between two methods of payment:

  • You can directly pay the amount of your order by credit card on the Site;
  • You can pay the amount of your order via bank transfer on the bank account of Arcade Beauty.

12.2 Conditions of validity

If you choose to pay the amount of your order by credit card on the Site, the receipt of your order by Arcade Beauty is submitted to the validation of your online payment by Arcade Beauty’s payment service provider. Please note that if your online payment is rejected, your order will not be transmitted to Arcade Beauty.

If you choose to pay the amount of your order via bank transfer on the bank account of Arcade Beauty, the receipt of the sums by Arcade Beauty within one week (including non-working days or statutory holidays) from the date of placing of your order on the Site, is mandatory for the processing of your order.

12.3 Your obligations

If you choose to pay the amount of your order by credit card, you shall ensure before proceeding to the payment that your credit card limit allows you to pay the amount due to Arcade Beauty for the performance of the services. Arcade Beauty shall not be held responsible in case of rejection of your online payment due to your credit card limit.

If you choose to pay the amount of your order via bank transfer on the bank account of Arcade Beauty, you shall check the banking transfer times of the sums, if needed by asking your bank, in order to ensure that the sums will be received by Arcade Beauty within one week (including non-working days or statutory holidays) from the date of placing of your order on the Site. If the sums are not transferred to Arcade Beauty’s bank account within this time limit (except in case of force majeure), Arcade Beauty will not be able to process your order and will refund you for any sums that it might receive after the expiry of this time limit. You shall also ensure that you correctly complete the details of Arcade Beauty’s bank account (communicated to you by e-mail after the choosing of this payment method) while making your order of bank transfer. Arcade Beauty shall not be held liable in case of the non-reception of your bank transfer due to your improper completing of the details of Arcade Beauty’s bank account. The potential bank transfer fees applicable to the bank transfer are your sole responsibility, and in no event can be assumed fully or partially by Arcade Beauty.


13. CONFIRMATION OF YOUR ORDER

Please note that your order will be confirmed and processed by Arcade Beauty only if the following requirements are met:

  • We have received your bulk into our warehouse within one month (including non-working days and statutory holidays) from the date of placing of your order on the Site;
  • We have received your payment in accordance with the conditions described in Section 12.2 above.

14. SHIPPING POLICY

14.1 Order processing

After the placing of an order on the Site by following the steps required by the Site, the shipment of your order is based upon receipt of your bulk into the warehouse indicated on your confirmation e-mail (either the warehouse of SOCOPOL or of SOCOPLAN depending on the type of products and services ordered) within one month (including non-working days and statutory holidays) from the placing of your order on the Site. You will receive an email notifying you that your bulk has been well received by Arcade Beauty and providing you with an estimate ship date (usually within 4 week timeframe from the receipt of your bulk). The sending of your bulk is made at your own cost.

14.2 Delivery time

All orders will be shipped pursuant to the specifications described in the confirmation of our receipt of your bulk.

The goods are usually delivered within 7-10 business days from the confirmation of the sending.

14.3 Order packaging and specifications

Your order will be shipped in a standard shipper, following the specifications below:

Vial on card

  • Shipper specs: 364 x 432 x 190 mm
  • Packout: 1,000 vials per shipper (10 vials per unit pack / 100 unit packs)

Vial without card

  • Shipper specs: 60 x 220 x 283 mm
  • Packout: 500 vials per shipper regrouped by 2 boxes

14.4 Shipping costs

Shipping charges may vary depending on the package size, weight, destination and shipping method. You will be informed of the shipping charges, when finalizing your order online. Shipping charges are included in the price of your order.

14.5 Special information

To ensure the secure delivery of your order, we do not ship orders to post office boxes. We are however able to accept post office box addresses for your billing needs.

Please note we currently only ship to addresses located in the following countries: France, United Kingdom, Poland, Germany, Spain, Italy, Switzerland, Belgium, Netherlands, Turkey, United Arab Emirates, Greece, Portugal, Sweden, Austria, Denmark, Finland, Norway and Ireland.

14.6 Terms of delivery

All goods purchased from the Site are delivered pursuant to a shipment contract. This means that the risk of loss and the tile of such goods pass to you upon our delivery to the carrier.

Our delivery dates are estimates only. We will use commercially reasonable efforts to deliver the goods in accordance with the delivery dates, but we inform you that we may change or adapt those dates if necessary (for example in case of strike).

To the fullest extent permitted by law, Arcade Beauty can’t be held responsible for failures to deliver by the estimated dates. Justified failure to deliver by the estimated dates does not give you the right to cancel an order or any part thereof nor to claim any damages.

We reserve the right to make partial deliveries, if necessary (for example in case of strike), until the full delivery of your order.


15. RETURN POLICY

15.1 Return, refunds and exchanges

All sales made on this Site are final, and not eligible for refunds, return or exchanges, except in case of defective or wrong merchandise as described here after.

15.2 Defective or wrong merchandise

If the samples ordered and delivered have a significant defect (for example, the majority of the sample containers do not work, or have missing parts), or if you have received products that do not correspond to your order, subject to our approval and the Inspection and Acceptance Terms below (hereafter called “the Defective Goods”), Arcade Beauty will, at your convenience, send you replacement products, or issue you a full refund after your return of the Defective Goods. Arcade Beauty will reimburse the return shipment costs engaged for the sending back of Defective Goods.

Arcade Beauty is not responsible for the damages caused to the products by their shipping, your wrong use or your negligence, and won’t therefore accept their return and exchange.

You will not be charged any additional shipping fees for Defective Goods replaced by Arcade Beauty.

15.3 Inspection and Acceptance

Goods are deemed to be accepted by you unless you provide Arcade Beauty written notice to the contrary specifying the non-compliance or the defectiveness of the product within five (5) days of delivery of the goods.

In accordance with the provisions of Article L.133-3 of the French Commercial Code, we remind you that you must notify to the transporter by a registered letter with acknowledgement of receipt any damage or partial loss resulting from the transport of the goods within three (3) days from their date of receipt.

We draw your attention on the fact that we may impose charges to reimburse us for the costs we incurred if we find that your claim is unsupported or unjustified.

No goods may be returned to Arcade Beauty unless you have first received our return material authorization (hereafter called “RMA”) and you have fully complied with the following instructions. Before returning any goods, you must contact our customer service department via the “Contact Us” page of the Site, in order to receive a RMA number for any return authorized by us. This RMA number must be indicated on your return delivery note to allow us to identify and treat the return according to our internal guidelines. In addition, each return must contain a description of the alleged non-compliance with the initial order, or of the alleged defect(s) of the goods delivered. In the event that you return the goods without indicating the RMA number and/or without a description of the alleged non-compliance or of the alleged defect(s), we reserve the right, at our sole discretion, to refuse such return. Any damages resulting from the inadequate packaging of the goods returned will be at your sole cost and expense.


16. ORDERS, PROHIBITION ON RESELLING, AND PRICE

The Content on this Site does not constitute a binding offer to sell products described on the Site or to make such products available in your area. We reserve the right after receipt of your order decline your order if you have not sent to us your bulk in accordance with the conditions described in Section 14.1 (Order processing).

The prices displayed on the Site are quoted in Euros and are intended to be valid and effective only in the following countries: France, United Kingdom, Poland, Germany, Spain, Italy, Switzerland, Belgium, Netherlands, Turkey, United Arab Emirates, Greece, Portugal, Sweden, Austria, Denmark, Finland, Norway and Ireland.

In the event a product is listed at an incorrect price, we have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card charged or bank account debited. If your account has been debited and/or your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your applicable account. In the event we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made or that we may have on file.


17. NO CANCELLATION; RESCHEDULING

Acknowledged orders may not be cancelled and may only be rescheduled by mutual prior written agreement between you and an authorized representative of Arcade Beauty.


18. PROMOTIONS, DISCOUNTS, AND VOUCHERS

We, from time to time, run promotions concurrently. Offers cannot be applied to previous purchases and cannot be redeemed for cash or combined with any other offer. To redeem, enter the code in the promo code box at checkout. These offers are limited to one promotional code per order and valid in the following countries: France, United Kingdom, Poland, Germany, Spain, Italy, Switzerland, Belgium, Netherlands, Turkey, United Arab Emirates, Greece, Portugal, Sweden, Austria, Denmark, Finland, Norway and Ireland. Terms of offers are subject to change.


19. INTERNATIONAL VISITORS

We truly value your interest in our Site. However, please note that our Site can only ship to the following countries at this time: France, United Kingdom, Poland, Germany, Spain, Italy, Switzerland, Belgium, Netherlands, Turkey, United Arab Emirates, Greece, Portugal, Sweden, Austria, Denmark, Finland, Norway and Ireland. We do, however, encourage our international visitors to stay tuned for updates on our shipping practices and other Site development.


20. INDEMNITY

You agree to promptly defend, indemnify and hold us and all other members of Arcade Beauty Group and our and their respective directors, officers, employees, agents, licensors, service providers, subcontractors, suppliers and representatives (collectively, the “Indemnified Parties”) harmless from and against any and all claims, losses, liabilities, damages, costs and expenses, including reasonable attorneys' and professionals’ fees and court costs as incurred, (collectively, starting with the word “losses” “Claim”) in any way arising from, related to or in connection with: (i) your use of the Site, (ii) your violation of these Terms of Use or any additional rules, policies, guidelines or terms posted for a specific area of the Site or Content on the Site, (iii) the Content that you share, or (iv) your violation or infringement of any third party rights, including intellectual property rights. If you cause a technical disruption of the Site or the systems transmitting the Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from that disruption. You shall not, without the prior written consent of the Indemnified Parties, settle or compromise any Claim, or permit a default or consent to the entry of any judgment in respect thereof, unless such settlement, compromise, or consent includes, as an unconditional term thereof, the giving by the claimant to the Indemnified Parties an unconditional release from all liability in respect of such Claim. The Indemnified Parties reserve the right, at its/their own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to fully cooperate with the Indemnified Parties in the defense of such matter.


21. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL CONTENT, MATERIALS, PRODUCTS (INCLUDING SAMPLES AND SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING BY A DULY AUTHORIZED REPRESENTATIVE OF AB. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR THE CONTENT, MATERIALS, PRODUCTS (INCLUDING SAMPLES AND SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, UNLESS OTHERWISE SPECIFIED IN WRITING BY A DULY AUTHORIZED REPRESENTATIVE OF AB. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND YOUR PURCHASE OF ANY PRODUCTS VIA THIS SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, AND SUBJECT TO THE MANDATORY PROVISIONS OF APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE, CONTENT, MATERIALS, PRODUCTS (INCLUDING SAMPLES AND SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, OUR OR OUR THIRD PARTIES’ SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM US OR ON OUR BEHALF ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND SUBJECT TO THE MANDATORY PROVISIONS OF APPLICABLE LAW,THE INDEMNIFIED PARTIES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, OR FROM ANY CONTENT, MATERIALS, PRODUCTS (INCLUDING SAMPLES AND SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY AND CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF INCOME, REVENUE, GOODWILL, REPUTATION OR SAVINGS, LOSS OR UNAVAILABILITY OF OR DAMAGE TO DATA, CONTENT OR SOFTWARE RESTORATION), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE, OR ARISING UNDER THESE TERMS OF USE, UNLESS OTHERWISE SPECIFIED IN WRITING BY AN AUTHORIZED OFFICER OF AB.

CERTAIN NATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.


22. TERMINATION OF USE

We may terminate or limit your access to or use of the Site if we determine, in our sole discretion, that you have infringed the rights of a third party, or that you have violated the provisions of these Terms of Use. You agree that we shall not be liable to you or any third-party for any termination or limitation of your access to, or use of, the Site or any Content provided on or through the Site, including Content that you may have shared, in case of infringement of third party’s rights or violation of these Terms of Use. You understand, acknowledge and agree that you are personally liable for any orders that you place or charges or other liabilities that you incur prior to termination and are fully responsible for all of our costs for collection, as incurred, of any such charges or other liabilities. Termination of your access or use will not waive or affect any other right or relief to which we or any other member(s) of Arcade Beauty Group may be entitled, at law or in equity.


23. FORCE MAJEURE

We will not be liable for any force majeure event, including but not limited to acts of God, acts of civil or military authority, fires, epidemics, floods, riots, wars, terrorism, sabotage, labor disputes, yield problems, or inability to obtain materials, components, energy, manufacturing services or facilities, or transportation on commercially reasonable terms for reasons beyond our control. In the event of any such delay, the estimated date of delivery or performance hereunder will be extended by a reasonable period of time.



24. APPLICABLE LAW; JURISDICTION

The laws of France, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Arcade Beauty; and you expressly agree that the exclusive jurisdiction for any dispute shall be the courts of Paris, and you further agree and expressly consent to the exercise of personal jurisdiction in such courts in connection with any such dispute. You also agree to comply, at your expense, with all applicable local, state, federal and international laws and regulations that relate to your use or activities on this Site. To the fullest extent permitted by law, in any case of discrepancy between the English version and the French version of the Terms of Use, the controlling language, at all times, for these Terms of Use is English.


25. PERSONS NOT OF AGE OF MAJORITY

Persons who are not of the age of majority are not eligible to use the Site or to share Content, and we ask that no information or Content in relation to such persons be submitted to us.



26. NOTICE TO YOU

YOU PROVIDE YOUR AFFIRMATIVE CONSENT THAT WE MAY NOTIFY YOU, AT OUR DISCRETION, BY EMAIL, POSTAL MAIL, POSTINGS WITHIN THE SITE, OR OTHER LEGALLY ACCEPTABLE MEANS.


27. ENTIRE AGREEMENT AND ADMISSIBILITY

These Terms of Use constitute the entire agreement and understanding between you and us with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties hereof with respect to such subject matter. A printed version of the Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.


28. MISCELLANEOUS

The waiver of any provision of these Terms of Use shall not be considered a waiver of any other provision or of our right to require strict observance of each of the terms herein. If any provision, or portion thereof, of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision, or such portion thereof, shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions, including the remainder of the provision of which it was a portion thereof. Except for the Indemnified Parties, there are no third party beneficiaries of these Terms of Use. These Terms of Use are personal to you and you may not transfer, assign or delegate them to anyone without our authorized representative’s manually executed and prior express written permission. Any attempt by you to assign, transfer or delegate these Terms of Use or any portion thereof without our authorized representative’s prior express written permission will be null and void. We have the unrestricted right to transfer, assign and delegate these Terms of Use to one or more third parties without your permission. Headings are purely for reference and shall not affect the meaning of any term or condition. All remedies set forth in these Terms of Use are cumulative and in addition to and not in lieu of any other remedy of the Indemnified Parties at law or in equity. Without limiting any of the foregoing, contractual waivers will not apply in specific legal contexts where the waivers are unenforceable. Any provision which must survive to allow us to enforce its meaning shall survive termination.


29. ACKNOWLEDGEMENT

You acknowledge that these Terms of Use is supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the generality of the foregoing, you acknowledge that such consideration includes your use of the Site and/or receipt of product, Content and/or services available at, via or through the Site.


Last updated: June 15th 2019