THESE TERMS OF USE CONTAIN A MANDATORY ARBITRATION PROVISION THAT,
AS SET FORTH IN THE SECTION ENTITLED "ARBITRATION" BELOW, REQUIRES
YOU TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST BEAU DOMAINE, INC. OR
ITS AFFILIATES ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS
YOU CANNOT BRING CLAIMS AGAINST BEAU DOMAINE, INC. OR ITS AFFILIATES
IN COURT, AND CONFIRMS YOUR AGREEMENT TO A CLASS ACTION WAIVER IN
ARBITRATION. IT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY.
Beau Domaine, Inc.
Terms and Conditions
Thank you for visiting our site which is owned and operated by Beau Domaine, Inc.
(collectively, "We", "Us", or "Our"). Please read these terms of use ("Terms of Use") carefully
before using the services. THESE TERMS OF USE SET FORTH THE LEGALLY BINDING
TERMS OF USE BETWEEN YOU AND US FOR YOUR ACCESS AND USE OF THIS SITE
AND ALL OTHER SITES, MOBILE SITES, SERVICES, APPLICATIONS (INCLUDING
WEB AND MOBILE), PLATFORMS, AND TOOLS WHERE THESE TERMS OF USE
APPEAR OR ARE LINKED (COLLECTIVELY, THE "SITE"), INCLUDING WITH
RESPECT TO ANY RELATED SERVICES, FEATURES, CONTENT, APPS, WIDGETS
OFFERED, OR ANY PURCHASES YOU MAKE. These Terms of Use 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.
The website www.us.beau-domaine.com (the "Site") is an online sales site accessible via the Internet. It is open to any user of this network. Beau Domaine, Inc. offers cosmetic products under the brand "Beau Domaine" (hereinafter referred to as the "Products") for sale on this Site to you as a user of the Site. The use of the Site requires an Internet connection and any device allowing access to the Internet, which is not supported by the company. The Site does not provide medical advice, and you should consult with your health care provider for guidance regarding skincare treatments, skin conditions, or any medical concerns.
Site services are normally accessible to you 24/7 all year round, except for maintenance or force majeure. Beau Domaine, Inc., cannot be held responsible for any damage resulting from any unavailability of the Site. By accessing the Site, you accept these Terms of Use. By validating any Order and checking the corresponding box, you declares that you have read and accepted the entirety of these Terms of Use. You must be an adult individual with the legal capacity to enter into legally binding contracts. Beau Domaine, Inc. reserves the right to refuse an Order based on requested quantities.
If you do not agree with these Terms of Use, then you do not have the right to access, view, download or otherwise use the Site or purchase any goods or services and, accordingly, you should not do so. Certain areas, activities, or services within the Site are governed by additional terms and policies. By using those areas, activities, or services, you agree to such additional terms and policies.
Article 1 – Eligibility
You represent and warrant that you (a) are above the legal age of majority in your jurisdiction of residence, (b) have not previously been suspended or removed from the Site, (c) do not have more than one (1) account at any given time for the Site, (d) you will only provide us with true, accurate, current, and complete information if you register for an account and/or Orders (defined below), and (e) that you have full power and authority to enter into these Terms of Use and in doing so will not violate any other agreement to which you are a party. If we believe or suspect that your information is not true, accurate, current or complete, or suspect fraudulent use of the Site via any automated tools or otherwise, we may deny or terminate your access to the Site or Services (or any portion thereof).
Article 2 – Definitions
In addition to the definitions in the Preamble, the terms used in these Terms of Use have the following meaning:
« Subscription »: refers to an Order of Products whose delivery is renewed periodically with a minimum commitment of two delivery cycles.
« Order »: refers to the purchase of Products individually, an e-card (gift card), or a
Subscription.
« Account »: refers to the interface where your data is stored to manage purchases.
« Beau Domaine, Inc. »: refers to the Nevada corporation having its principal place of business at 67 35th Street Suite C353, Brooklyn NY 11232.
« Product »: refers to any item offered for sale on the Site, especially cosmetics.
« Proprietary Material »: refers to the Site, and all of its contents, including but not limited to articles, other text, photographs, images, illustrations, graphics, video material, audio material, including musical compositions and sound recordings, software, logos, titles, characters, names, graphics and button icons, excluding User Content.
« User Content »: refers to any ideas, concepts, information, data, text, music, sound,
photographs, graphics, video, messages, comments on our products, advertising and other
promotional materials or events, facts, advice, opinions and other material submitted by users.
Article 3 - Scope and Application
These Terms of Use define the rights and obligations of you and Beau Domaine, Inc. regarding Products sold on the Site. They apply to all contracts concluded between the parties. These Terms of Use specify the terms for ordering, payment, delivery, and returns. They are permanently accessible on the Site for printing or downloading. We reserve the right to modify these Terms of Use at any time; the version in effect is the one accepted at the time of Order validation. It is your responsibility to check these Terms of Use for changes prior to use of the Site, and your continued use of the Site following the posting of changes to these Terms of Use constitutes your acceptance of any changes.
Article 4 – Product Availability and Orders
You can browse the Site freely without commitment until an Order is placed. Products are sold within the limit of available stocks. The availability of the products and services described on the Site, and the descriptions of such products and services, may vary based on location and timing.
We attempt to be as accurate as possible when describing our Products; however, we do not warrant that Product descriptions or other content on the Site is accurate, complete, reliable, current, or error-free. Product images on the Site are for illustrative purposes only; actual
Products may vary in appearance, packaging, or formulation. If a Product is unavailable after payment, you will be informed within 48 business hours. A refund will be issued within 14 to 30 days if no equivalent product is agreed upon.
Article 5 - Samples and Gifts with Purchase.
From time to time, we may offer complimentary samples or gifts with purchase as part of
promotional offers. Samples and gifts are provided "as is" and are subject to availability while supplies last. We reserve the right to substitute samples or gifts of equal or greater value, or to discontinue any promotional offer, at any time and without prior notice. Samples and gifts have no cash value, are non-transferable, and may not be resold. We make no warranties, express or implied, regarding samples or gifts, including but not limited to their fitness for a particular purpose or suitability for your skin type or condition. You acknowledge that samples are intended for trial purposes only and that individual results may vary.
Article 6 - Product Claims and Reliance.
The information provided on the Site regarding Products, including ingredient lists, usage
instructions, efficacy claims, and expected results, is for informational purposes only. We do not guarantee that any Product will achieve specific results for any individual user, as results may vary based on individual skin type, condition, usage, and other factors. Any testimonials, reviews, or before-and-after images displayed on the Site represent individual experiences and are not guarantees of future results. You should not rely solely on Product descriptions or claims in making purchasing decisions; we recommend consulting a dermatologist or other qualified health care professional before using any new skincare product, particularly if you have sensitive skin, allergies, or a pre-existing skin condition. We disclaim any liability arising from your reliance on Product claims or descriptions.
The creation of an Account is not mandatory but allows for the management of history, loyalty points, and subscriptions. For checkout, you add Products to the basket, provide delivery details, and select a payment method. The Order is final only after full payment. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance
and/or shipment of any order.
Beau Domaine, Inc. reserves the right to cancel orders in case of payment disputes or quantities suggesting professional resale. You may not purchase any item from this Site for resale by you or any other person. We have the right to refuse or cancel orders placed, including but not limited to orders where product(s) is listed at an incorrect price regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account.
Article 7 – Subscriptions and Loyalty
The Subscription offers a discount on the original price and, on occasion, surprise gifts or
promotional offers. It is an open-ended contract requiring a minimum of 2 cycles. Your
subscription will continue until you cancel it. A recurring charge (in the amount of the product selected for auto replenishment) will be automatically charged to your credit card each time the order ships. The shipment schedule will follow the frequency you requested when you selected the product. There is no minimum term of the subscription and no minimum purchase obligation.
You may modify, suspend, or cancel a delivery up to 7 calendar days before the next scheduled shipment.
The loyalty program allows registered customers to earn points for purchases made through the Site, as well as other incentive offers that We may provide from time to time at our discretion.
Points may expire after 12 months of inactivity. E-gift cards are available for amounts of $50 to $300 and are valid for 1 year from the date of creation, unless otherwise required by law.
Article 8 – Pricing and Payment
Prices are displayed in US Dollars (USD$) for the United States. They include applicable taxes but exclude delivery fees, which are calculated at checkout. The prices displayed on the Site are quoted in U.S. dollars and are intended to be valid and effective only in the United States.
Payment is due at the time of order via
Credit Card,
PayPal.
Data is encrypted via S.S.L. (Secure Socket Layer) protocol. No banking data transits through the company's internal computer system.
Article 9 – Delivery and Risks
Products are delivered to the USA and Canada. Indicative delivery time is 2 to 5 business days, plus 1 day for preparation. Delivery times are estimates only and are not guaranteed; we are not responsible for delays caused by carriers, customs, weather, or other factors beyond our control.
Ownership is transferred upon full payment. All orders shipped are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to
the carrier. You are responsible for inspecting Products upon receipt and reporting any damage, defects, or discrepancies within 48 hours of delivery.
Article 10 – Returns and Refunds
You have 14 days from receipt to exercise your right of to return any Products purchased.
Products must be returned in their original, unopened packaging, with all tags, seals, and
protective packaging intact. In case you need to return a product because you are not satisfied or if there is a defect, please always contact our customer service department first by email or phone : service@beau-domaine.com or by phone (France) at +33-4-85-58-08-80, Monday through Friday from 9 a.m. to 6 p.m. Central European Time (CET).
Our return address is: 67 35th Street Suite C353, Brooklyn NY 11232.
Return costs are at your expense unless the return is due to our error or a defective Product.
Refunds are processed within 14 days of receipt of the returned items. Refunds will be issued to the original payment method; processing times may vary depending on your financial institution.
For hygiene and safety reasons, unsealed, opened, used, or tampered Products cannot be returned or exchanged. We reserve the right to refuse returns that do not comply with these requirements.
Promotional items, gift sets, and items marked as "final sale" are non-returnable. In the event of a defective Product, we may, at our sole discretion, offer a replacement, store credit, or refund.
Article 11 – Your Account
When you create an Account, you are required to provide your name and email address and select a password or you may access the Site or Services through a third party application such as Google, Facebook or Shop Pay using your accounts with such providers (collectively, your "Account Information"), which you must not transfer to or share with any third parties. You must keep all Account Information confidential and not disclose them to any other person or entity. If someone accesses our Site or Services using your Account Information, we will rely on that Account Information and will assume that it is you or your representative who is accessing the Site and Services. You are solely responsible for all use of your Account Information and all Orders and activities that occur under or in connection with the Account. Without limiting any rights which we may otherwise have, we reserve the right to take all action, as we deem necessary or reasonable, to ensure the security of the Site and your Account, including without
limitation, terminating your Account, changing your password, or requesting additional
information to authorize transactions on your Account.
You agree to be responsible for any act or omission of anyone who accesses the Site or Services under your Account Information that, if undertaken by you, would be deemed a violation of these Terms of Use. You may not use anyone else's Account at any time, without the permission of the Account holder. Please notify us immediately if you become aware that your Account Information is being used without authorization. You agree not to register for more than one Account, register for an Account on behalf of an individual other than yourself without such individual's authorization, or register for an Account on behalf of any group or entity.
Article 12 – User Conduct
By using any communications service or other interactive service that may be available to you on or through the Site from time to time, you agree that you are the sole responsible person and/or entity from which any content originated. Moreover, you agree not to access or use the Site for any purpose that is prohibited by these Terms of Use. You are responsible for all your activity in connection with the Site. By way of example, and not as a limitation, you agree not to (and shall not permit any third party to) use the Site to:
(a) upload, post, e-mail, or otherwise transmit any content that is inaccurate, unlawful, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene, offensive, profane, libelous, deceptive, fraudulent, invasive of another's privacy, hateful, or contains or depicts explicit or offensive graphic descriptions, or is otherwise inappropriate as determined by us in our sole discretion;
(b) harm any person in any way;
(c) upload, post, e-mail, or otherwise transmit any content that (i) victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of any impermissible classification, including, without limitation, religion, gender, sexual orientation, race, color, creed, ethnicity, national origin, citizenship, age, marital status, veteran status or disability; (ii) infringes any patent, trademark, trade secret, copyright, right of publicity or other intellectual or proprietary right of any party; and (iii) you do not have a right to transmit under any law or under any contractual or fiduciary relationship;
(d) upload, post, e-mail, or otherwise transmit any material that contains software viruses or any other computer code, files, worms or programs designed or intended to interrupt, disable, damage, destroy, or limit the functionality of the Site or any computer software or hardware or telecommunications equipment or any other similarly destructive activity;
(e) obtain unauthorized access to any system, data, password or other information;
(f) interfere with or disrupt the Site or servers or networks linked to the Site, or disobey any
requirements, procedures, policies, or regulations of networks linked to the Site;
(g) intentionally or unintentionally violate any applicable local, state, national, or international law, and any rules, regulations, orders, directives and the like having the force of law;
(h) use the Site for commercial purposes, including, without limitation, submitting any material to solicit funds or to promote, advertise or solicit the sale of any goods or services;
(i) impersonate any other person or entity, including by providing any false personal information to us or creating any account for anyone other than yourself;
(j) harvest, collect, or store information about the users of the Site or use such information for any purpose inconsistent with the purpose of the Site or for the purpose of transmitting or facilitating transmission of unsolicited advertising, junk or bulk electronic mail or communications;
(k) take any action that imposes or may impose (as determined by Us in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
(l) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site;
(m) harvest or scrape any content from the Site;
(n) to develop or train any artificial intelligence or machine learning algorithms or models; or
(o) assist any person in doing any of the above.
Violation of any of the foregoing or any other provision of these Terms of Use may result in immediate termination of your ability to access or use the Site and may subject you to state and federal penalties and other legal consequences. We reserve the right, but shall have no obligation, to investigate your use of the Site to (1) determine whether a violation of the Terms of Use has occurred or (2) comply with any applicable law, regulation, legal process, or governmental request.
Article 13 – User Content
We welcome your comments, information, feedback, and submissions. All User Content that you post on this Site will be treated as non-confidential and non-proprietary to you and may be viewed by you and/or other users of this Site. You also agree that we, our affiliates, and our licensees are free to use any ideas, concepts, know-how, or techniques contained in any User Content you send or provide to us for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products, services, and content using such information, without any credit, notice, approval or compensation to you.
By submitting, sending, posting, uploading, modifying or otherwise providing information,
material, or any other communication to us including User Content, whether solicited or
unsolicited, you grant us and our designees the royalty-free, fully paid, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferable, assignable, sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, improve, distribute, commercialize, perform, or display such User Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for any purpose, including, without limitation, advertising and promotional purposes, reproduction, transmission, publication, broadcast and posting without any further consent by you or notice, credit and/or compensation to you or any third parties. You also hereby do and shall grant each user of the Site a non-exclusive license to access your User Content through the Site, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content.
We have no obligation to verify your identity when you are connected to the Site or to supervise User Content. You acknowledge that we may or may not prescreen, monitor, review, edit or delete User Content posted by you or others on the Site. We and our designees retain the right to modify, move, refuse, block or remove any User Content, in whole or in part, for any reason or no reason, with or without notice. We and our designees also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect our rights, property or safety, you, other users of the Site, and the public.
Article 14 – Warranties and Liability
Products are covered by legal warranties against hidden defects and non-conformity. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE MAKE NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF
THE SITE, THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED
ON THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND ANY
PRODUCTS PURCHASED THROUGH THE SITE IS AT YOUR SOLE RISK.
Article 15 - Third-Party Products and Services.
The Site may enable you to order and receive products, information, and services from
businesses that are not owned or operated by us. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services, or information ordered or received from such businesses are solely between you and such businesses. We do not endorse, warrant, or guarantee such products, information, or services. We will not be a party to or in any way responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your transactions.
Article 16 - No Endorsement of User Content.
We do not control any User Content posted on the Site and, as such, we make no representations or warranties regarding User Content or its truthfulness, accuracy, reliability, integrity, or quality. We do not determine whether User Content violates the rights of others, and we have no control over whether User Content is of a nature that you or other users may find offensive. User Content includes the opinions, statements, and other content of third parties, not us. You acknowledge and agree that the information and views expressed by you and others in User Content appearing on the Site do not necessarily reflect our views or those of our content providers, advertisers, sponsors, affiliated or related entities, and we do not support or endorse any User Content or any other content posted by you or any other user on or otherwise accessible through the Site.
Article 17 - LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES.
YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK. THE SITE IS PROVIDED
ON AN "AS IS3 AND "AS AVAILABLE" BASIS AND, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IS PROVIDED WITHOUT WARRANTIES OF
ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST
EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE AND OUR
PROVIDERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF FITNESS FOR
A PARTICULAR PURPOSE, TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY,
ACCURACY, AVAILABILITY, RELIABILITY, SECURITY, PRIVACY, COMPATIBILITY,
NON-INFRINGEMENT, AND ANY WARRANTY IMPLIED BY COURSE OF DEALING,
COURSE OF PERFORMANCE, OR TRADE USAGE.
WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE; THAT THE RESULTS OBTAINED FROM THE USE OF THE
SITE WILL BE ACCURATE OR RELIABLE; THAT THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY
YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; OR THAT ANY
ERRORS IN THE SITE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS ACCESSED AT YOUR
OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM
THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM US OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THESE TERMS OF USE. WE DO NOT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE
ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY
HYPERLINKED WEBSITE OR SERVICE, AND WE WILL NOT BE A PARTY TO OR IN
ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY
PROVIDERS OF PRODUCTS OR SERVICES.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT
WILL WE, OUR PROVIDERS, OR OUR OR THEIR RESPECTIVE AFFILIATES,
INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS OR
ASSIGNS (COLLECTIVELY, THE "BEAU DOMAINE PARTIES", BE LIABLE FOR ANY
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR
OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE OR
THESE TERMS (INCLUDING ARISING OUT OF OR IN CONNECTION WITH YOUR USE
OR INABILITY TO USE THE SITE), WHETHER BASED IN CONTRACT, TORT
(INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHER THEORY, EVEN IF ANY
BEAU DOMAINE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF
DAMAGES, AND EVEN IF THE DAMAGES ARE FORESEEABLE. WITHOUT LIMITING
THE FOREGOING, THE BEAU DOMAINE PARTIES SHALL NOT BE LIABLE FOR ANY
DAMAGES ARISING FROM: (A) YOUR USE OF OR INABILITY TO USE THE SITE; (B)
THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING
FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR
OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO
THROUGH OR FROM THE SITE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY
THIRD PARTY ON THE SITE; (E) ANY CONTENT POSTED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE SITE; (F) ANY BUGS, VIRUSES, TROJAN
HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SITE
BY ANY THIRD PARTY; OR (G) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR
FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE
OF ANY CONTENT.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE BEAU
DOMAINE PARTIES' TOTAL AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES,
LOSSES AND CAUSES OF ACTION ARISING OUT OF OR IN ANY WAY RELATED TO
THE SITE OR THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING
NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE GREATER OF THE
AMOUNT YOU PAID TO US FOR ACCESS TO OR USE OF THE SITE (IF ANY) IN THE
SIX MONTHS PRECEDING THE DATE SUCH DAMAGES, LOSSES, AND CAUSES OF
ACTION FIRST AROSE, OR THE COST OF PRODUCTS ORDERED BY YOU. THE
FOREGOING LIMITATIONS ARE ESSENTIAL TO THESE TERMS, AND WE WOULD
NOT OFFER THE SERVICES TO YOU UNDER THESE TERMS WITHOUT THESE
LIMITATIONS.
YOU SPECIFICALLY ACKNOWLEDGE THAT THE BEAU DOMAINE PARTIES SHALL
NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR
ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR
DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
THE LAWS OF SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF
IMPLIED WARRANTIES OR CERTAIN TYPES OF DAMAGES, SO SOME OR ALL OF
THE DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS MAY NOT
APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE
GREATEST EXTENT PERMITTED BY LAW.
Article 18 – Indemnification
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE BEAU DOMAINE PARTIES
FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES
(INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS), AND OTHER LOSSES
ARISING OUT OF OR RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE
TERMS; YOUR ACCESS TO, USE OF, OR ALLEGED USE OF THE SITE; YOUR
VIOLATION OF APPLICABLE LAW OR ANY THIRD-PARTY RIGHT; AND ANY
ACTUAL OR ALLEGED FRAUD, INTENTIONAL MISCONDUCT, NEGLIGENCE, OR
CRIMINAL ACTS COMMITTED BY YOU OR YOUR AGENTS. WE RESERVE THE
RIGHT TO ENGAGE SEPARATE COUNSEL AND PARTICIPATE IN OR ASSUME THE
EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO
INDEMNIFICATION BY YOU HEREUNDER, IN WHICH CASE YOU AGREE TO
COOPERATE WITH US AND SUCH SEPARATE COUNSEL AS WE REASONABLY
REQUEST.
Article 19 – Privacy
We respect your privacy. Personal data collected during Account creation (name, email, address) is necessary for Order processing and delivery. Information is strictly confidential. You have the right to access, rectify, or delete your data. By using this Site you acknowledge you have read and understood Our Privacy Policy.
Article 20 – Intellectual Property
The Site and all its elements (trademarks, logos, texts, photographs) are the exclusive property of Beau Domaine, Inc. Our proprietary material is protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. Any reproduction or use for purposes other than personal and private information is strictly prohibited and constitutes infringement. Except as otherwise provided in these Terms of Use or without our express prior written permission, you may not, and agree that you will not, use, publish, reproduce, display, publicly perform, create derivative works from, reverse engineer or decompile, disassemble, distribute, license, transfer, sell, copy, post, enter into a database, upload, transmit or modify our proprietary material or any portion thereof, for any purpose or by any means, method, or process now known or later developed. Modification of the materials appearing on the Site or use of such materials for any other purpose is a violation of our copyright and other proprietary rights.
Article 21 – Copyright Infringement Claims
Beau Domaine, Inc. respects the intellectual property rights of others. If you are a copyright owner or an agent thereof and believe that any User Content or other content on the Site infringes your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA";) by providing us with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):
A physical or electronic signature of the owner or a person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple
copyrighted works are covered by a single notification, a representative list of such works;
Identification of the material that is claimed to be infringing or to be the subject of infringing
activity and that is to be removed or access to which is to be disabled and information
reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact you, such as your name, address,
telephone number, and, if available, your email address;
A statement by you that you have a good faith belief that the disputed use is not authorized
by the copyright owner, its agent, or the law; and
A statement, under penalty of perjury, that the information in the above notification is
accurate and that you are, or are authorized to act on behalf of, the owner of an exclusive
right that is allegedly infringed.
Any notice of claimed infringement should be sent to: Beau Domaine, Inc., 67 35th Street Suite
C353, Brooklyn NY 11232, service@beau-domaine.com
Article 22 – Third-Party Links
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 Site 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.
Article 23 – Termination
We may terminate or suspend your access to the Site, delete your profile and any content or information that you have posted on the Site, and/or prohibit you from using or accessing the Site (or any portion, aspect, or feature of the Site) for any reason, or no reason, at any time in our sole discretion, with or without notice to you, effective immediately, which may result in the forfeiture and destruction of all information associated with you and your activities in connection with the Site. If you wish to terminate your account, you may do so by following the instructions on the Site, however, please note that any loyalty rewards or benefits associated with your account may be forfeited as a result of such account termination. Any fees paid hereunder are non-refundable. In the event of termination, you will still be bound by your obligations under these Terms of Use. It is our policy to terminate, in appropriate circumstances, the accounts or
access of users who repeatedly infringe copyrights.
Article 24 – Producer Responsibility (REP)
We use certain unique identifiers to attest to our registration in the register of producers for household packaging. These identifiers are used to comply with certain legal obligations regarding packaging waste. For the REP Packaging the unique identifier is: A8400565.
Article 25 – Governing Law
We control and operate the Site from our offices in the State of New York, United States of
America. While we invite visitors from all parts of the world to visit the Site, visitors
acknowledge that the Site, and all activities available on and through the Site, are governed by the laws of the State of New York. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws.
You agree that the laws of the State of New York, excluding its conflict of laws rules, and these Terms of Use, and any other policies posted from time to time on the Site applicable to your use of the Site shall govern your use of the Site.
Article 26 – Arbitration
By using this Site, you expressly agree that the exclusive jurisdiction for any and all disputes and causes of action related to or connected with these Terms, the Site, and the related offerings (1) shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office in New York, New York; (2) the American Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. You understand and agree that you are waiving your right to sue or go to court to assert or defend your rights under this contract. A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other documents and records originally generated and maintained in printed form. These Terms of Use are the entire agreement between you and us with respect to the Site and any User Content and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic)
between you and us with respect to those matters.
You further expressly agree that any enforcement or the appeal of any arbitral award shall be brought exclusively in the state and federal courts located in Kings County, New York, and you further agree and expressly consent to the exercise of personal jurisdiction in the state and federal courts located in Kings County, New York, in connection with any such dispute and including any claim involving us or our affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers, and expressly waive any objection to such venue.
Article 27 – No Waiver
No failure on the part of Beau Domaine, Inc. to enforce any part of these Terms shall constitute a waiver of any of Beau Domaine, Inc.'s rights under the Terms whether for part or future actions on the part of any person. Neither the receipt of any funds by Beau Domaine, Inc. nor the reliance of any person on Beau Domaine, Inc.'s actions shall be deemed to constitute a waiver of any part of the Terms. Only a specific, written waiver signed by an authorized representative of Beau Domaine, Inc. shall have any legal effect whatsoever.
Article 28 – Severability
If any provision of these Terms of Use is found to be illegal or unenforceable, the remainder of the Terms of Use shall be unaffected and shall continue to be fully valid, binding, and enforceable. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use, and neither party has any authority of any kind to bind the other in any respect.
Article 29 – Limitation on Claims
Any cause of action or claim you may have directly or indirectly arising out of or relating to the Terms of Use or the Site (including the purchase of products via the Site) must be commenced within one (1) year after the claim or cause of action arises.
Article 30 – Notices
Unless otherwise specified in these Terms of Use, all notices under these Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. You agree that we may send notices to you regarding your use of the Site by means of electronic mail, a general notice posted on the Site or by written communication delivered either by overnight courier or U.S. mail to your email or mailing address as appearing in our records from time to time. In case of dispute, you may contact service@beau-domaine.com for an amicable resolution.
Last Revised April 17th, 2026
