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Your use of https://fieracosmetics.com/, including any sub domains thereof, affiliated websites, and mobile applications (collectively, the “Website”), which are owned and maintained by Fièra Cosmetics Inc. (“Fièra Cosmetics,” “we,” “our,” “us”), are governed by the policies, terms, and conditions set forth below. Please read them carefully. We offer the Website, including all information and products available from the Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By accessing, using, or placing an order over the Website, you agree to the terms set forth herein. If you do not agree to these terms and conditions in their entirety, you are not authorized to use the Website in any manner or form whatsoever.
You can review the most current version of the Terms at any time on this page (https://fieracosmetics.com/terms.php). We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. YOUR CONTINUED USE OF OR ACCESS TO THE WEBSITE FOLLOWING THE POSTING OF ANY CHANGES CONSTITUTES BINDING ACCEPTANCE OF THOSE CHANGES.
By using the Website and agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence. If you use the Website, you are affirming that you have the legal capacity to enter into a binding contract with us, and have read this Agreement and understand and agree to its terms.
Our privacy policy may be viewed at https://fieracosmetics.com/privacy.php. The Privacy Policy is hereby incorporated into these Terms by reference and constitute a part of these Terms. Fièra Cosmetics reserves the right to modify the privacy policy at its sole discretion.
All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws. You do not acquire any ownership or other rights by downloading or using the Website or any material on it.
You agree not to use or attempt to use the Website or any products in any unlawful manner. You further agree not to commit any unlawful act or attempt to commit any unlawful act on or through the Website including, but not limited to: (1) hacking and other digital or physical attacks on the Website; (2) publishing vulgar, obscene, or defamatory material; or (3) any other unlawful act.
You agree that any products you purchase from Fièra Cosmetics and/or our Website will be used for your personal, non-commercial use. You agree that you will not resell, re-distribute, modify, or export any product that you order from the Website.
Fièra Cosmetics does not make any guarantee that you will accomplish your health, beauty and/or wellness goals. The results reported, if any, may not necessarily occur in all individuals. All products are to be used as a part of a healthy lifestyle that includes appropriate nutrition, exercise, and self-care. Your results may vary.
The material on the Website is provided for general informational purposes only and is not intended as medical advice, or as a substitute for the medical advice of a physician. The statements made on this Website have not been evaluated by the Food and Drug Administration. The products promoted on the Website, including cosmetic products, are not intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease, and are not intended to affect the structure of or any function of the human body. Please consult with your own physician or health care practitioner regarding any suggestions and recommendations made on the Website.
While we endeavor to provide accurate and current information on our Website, there may be information on our Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Website or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.
We reserve the right at any time to modify or discontinue access to the Website (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, suspension, or discontinuance of access to the Website. Certain products may be available exclusively online through the Website. These products may have limited quantities and are subject to return or exchange only according to our Shipping and Returns Policies.
We reserve the right to limit the sales of our products to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. Any offer for any product on this Website is void where prohibited.
All charges are in U.S. Dollars. We accept U.S. issued credit and debit cards from Visa, MasterCard, American Express, and Discover.
When placing an order online, you will need:
Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. We reserve the right to accept or deny shipment to anyone for any reason. In the event we deny your order, you will receive a refund to your original form of payment. You understand and agree that we will not be liable for any losses or damages that may result from our refusal to provide you any product. We reserve the right to require additional information before processing any order.
Fièra Cosmetics ships to addresses located in the United States and internationally via USPS. Orders generally ship within 24-48 business hours of the time of placement. Domestic orders typically arrive within 4 days of shipment. Delivery time for international orders varies based on location. Domestic orders typically arrive 1-3 days of shipment. Delivery time for international orders varies based on location.
Accurate shipping address and phone number are required. We are not responsible for late shipments/missing shipments if you enter incorrect shipping address information. If you discover that you have made a mistake with your order after it has been submitted, please contact Fièra Cosmetics immediately by email at support@fieracosmetics.com. You must contact us as soon as possible in order to modify or cancel your pending order. However, we frequently ship the same day that you order, so we cannot guarantee that we will be able to amend your order in accordance with your instructions. If you are ordering from outside of Canada or the US, you authorize us or our designee to facilitate shipment to your address. You also acknowledge that, pursuant to the customs laws of your place of delivery, the shipment may incur duties and import taxes upon delivery. This charge is determined by your local customs authority. Payment of these may be necessary to release your order from customs. For more information, please consult your local customs office.
Because instances may occur at your delivery address that are beyond our control, you agree that any delivery confirmation provided by the carrier is deemed sufficient proof of delivery to the card holder, even without a signature.
Fièra Cosmetics wants you to be beyond satisfied with your experience with us so we have made returning or exchanging products easy. If you are unsatisfied with our product, or if it arrives damaged, you may return or exchange the unused portion 30 days from the date that you placed your order for a full refund according to the following terms.
To obtain a full refund, you must return any empty or unused portion of your order, your return must be approved, and the return must be received within 30 days of the date that you placed your order (the billing date).
The following terms apply for all returned items:
• To initiate a refund or exchange, simply email us at support@fieracosmetics.com. You will be given a Return Merchandise Authorization (RMA) number and details for shipping.
• We cannot process or refund packages marked “Return to Sender.”
• Refunds will be issued to the same credit card or method of payment that was charged when ordering the product.
• To ensure a refund is processed for you, please send returns to the address provided along with your RMA number. The RMA number must be clearly written on the package that you are sending back. Our shipping department is NOT allowed to accept any packages without an RMA number.
Returned products must be sent to the following address:
Fièra Cosmetics Inc.
Attn: Shipping Department
P.O. Box 1212
Willowdale, ON
M3J 0L3
Canada
We are not responsible for lost or stolen items. We recommend all returned items to be sent using some type of delivery confirmation system to ensure proper delivery.
After the shipping department receives your return, it generally takes 5-10 business days or sooner to process your refund. Once a return is processed, it usually takes 30 business days for this return to be posted to your account, depending on your financial institution.
Customers are responsible for the cost of return shipping.
This section applies to everyone who interacts with our social media presence, including comment sections, feeds, and other elements of social media presence viewable on Facebook, Instagram, YouTube, Pinterest, Twitter, Google+, LinkedIn, or any of the many other available external third-party social media platforms we may utilize (“Social Media Presence”).
Social media platforms are places of public information exchange, and you should have no expectation of privacy when using them. Specifically, neither these Terms nor our Privacy Statement apply to our Social Media Presence. The sites and platforms that host our Social Media Presence are not controlled by us and therefore have their own privacy policies and terms of use. The comments and opinions expressed by users on social media are theirs alone and do not reflect the opinions of Fièra Cosmetics. Comments that some would consider inappropriate or offensive may appear on our Social Media Presence and may remain there until they have been identified by us or called to our attention and we are able to work through the necessary procedures and technical processes to have them removed. If you see an offensive or inappropriate post or comment on our Social Media Presence, you should report it to the operator of the applicable site or platform using the procedures they have established for that purpose.
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, THIS WEBSITE AND ALL PRODUCTS PROVIDED ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) OUR PRODUCTS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (B) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (C) THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT SHALL FIÈRA COSMETICS OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE PRODUCTS, OR YOUR OR A THIRD-PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY PRODUCT, REGARDLESS OF WHETHER FIÈRA COSMETICS HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE. IF, NOTWITHSTANDING THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, FIÈRA COSMETICS IS FOUND LIABLE UNDER ANY THEORY, FIÈRA COSMETICS’S LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO USD $500.00. THIS LIMITATION OF LIABILITY SHALL APPLY FOR ALL CLAIMS, REGARDLESS OF WHETHER FIÈRA COSMETICS WAS AWARE OF OR ADVISED IN ADVANCE OF THE POSSIBILITY OF DAMAGES OR SUCH CLAIMS. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
PLEASE READ THIS ARBITRATION AND CLASS ACTION WAIVER PROVISION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH FIÈRA COSMETICS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THE TERMS OF THESE CONDITIONS OF USE AS A COURT WOULD.
Arbitration is a manner of resolving a “Claim” without filing a lawsuit. “Claim” means any dispute between you, Fièra Cosmetics, or any involved third-party relating to your account, your use of the Website, your relationship with Fièra Cosmetics, these Terms, or the Privacy Policy. This includes any and all claims that relate in any way to your use or attempted use of the products, and any act or omission by Fièra Cosmetics or any third-party related to your use or attempted use of the products. You, Fièra Cosmetics, or any involved third-party may pursue a Claim. Fièra Cosmetics agrees to final and binding confidential arbitration should it have any Claims against you. Likewise, you agree to final and binding confidential arbitration should you have any Claims against Fièra Cosmetics. By agreeing to arbitrate, you waive the right to go to court and agree instead to submit any Claims to final and binding confidential arbitration. You further agree that all claims must be arbitrated on an individual basis and not on a class basis, only individual relief is available, and that claims of more than one customer cannot be arbitrated or consolidated with those of any other customer. This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16, as amended.
Notwithstanding anything to the contrary herein, (a) a representative action for public injunctive relief pursuant to California’s Consumer Legal Remedies Act (Cal. Civ. Code § 1750 et seq.), Unfair Competition Law (Cal. Bus. & Prof. Code § 17200 et seq.) and/or False Advertising Law (Cal. Bus. & Prof. Code § 17500 et seq.) must be arbitrated on a class basis, (b) in the event that the foregoing clause is deemed invalid or unenforceable, a representative action for public injunctive relief pursuant to California’s Consumer Legal Remedies Act (Cal. Civ. Code § 1750 et seq.), Unfair Competition Law (Cal. Bus. & Prof. Code § 17200 et seq.) and/or False Advertising Law (Cal. Bus. & Prof. Code § 17500 et seq.) may be brought in the state or federal courts located in Buffalo, New York on a class basis, and (c) any claims other than for public injunctive relief must be arbitrated on an individual, non-class basis as otherwise set forth in this Section.
Notwithstanding the foregoing, and as an exception to final and binding confidential arbitration, you and Fièra Cosmetics both retain the right to pursue, in small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis, including overdue account matters within the small claims court’s jurisdiction. Fièra Cosmetics will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is and remains pending in that court.
The following claims shall not be subject to final and binding arbitration and must be adjudicated only in the state or federal courts located in Buffalo, New York: (i) an action by Fièra Cosmetics relating to the infringement or validity of our proprietary rights, including without limitation, trademarks, service marks, trade dress, copyrights, trade secrets, or patents; or (ii) an action by Fièra Cosmetics for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief, against you for breach or threatened breach of this Agreement. You expressly agree to refrain from bringing or joining any claims that are excluded from final and binding arbitration pursuant to this subsection “b” in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration. Small claims matters may be filed in any small claims court with personal and subject matter jurisdiction over the parties. For all other matters excluded from final and binding arbitration by this subsection “b,” the parties consent to exclusive jurisdiction and venue in the state and federal courts located in Buffalo, New York, and forever waive any challenge to said courts’ jurisdiction and venue.
Before initiating any Claim against us, you agree to first contact us with a written description of the dispute, which shall include all relevant documents and information, and the proposed resolution. You may send the written description of any dispute you have with us by U.S. Mail to Fièra Cosmetics Inc., Attn: Legal Department, P.O. Box 3335 Buffalo, NY 14240-3335. If for some reason the dispute is not resolved within 60 days after receipt of the written dispute, we agree to the dispute resolution provisions below.
You and Fièra Cosmetics agree to commence any arbitration proceeding within 1 year after the Claim arises (the 1 year period includes the required pre-dispute procedures set forth above) and that any arbitration proceeding commenced after 1 year shall be forever barred.
If the amount in controversy is $500 or less, then the arbitration may be conducted by telephone or by written submissions. Otherwise, the arbitration shall be conducted in Buffalo, New York unless Fièra Cosmetics otherwise agrees to arbitrate in another forum requested by you.
We each agree that any and all Claims other than those exempted under subsection “b” above shall be submitted to final and binding confidential arbitration before a single arbitrator of the American Arbitration Association (“AAA”). Either party may commence the arbitration process by submitting a written demand for arbitration with the AAA, and providing a copy to the other party, within the time period set forth in subsection “d” above. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with Rules of the AAA. The arbitration will be conducted in accordance with the provisions of the AAA’s Consumer Arbitration Rules, in effect at the time of submission of the demand for arbitration. The AAA’S Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms, the Privacy Policy, and this arbitration provision. The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or Fièra Cosmetics.
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s Rules.
The arbitrator shall follow the substantive law of the state of New York without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the FAA. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
This provision survives termination of your account or relationship with Fièra Cosmetics, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.
Failure or any delay in enforcing this arbitration provision in connection with any particular Claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims except all Claims must be brought within the 1 year limitation period set forth above. This provision is the entire arbitration agreement between you and Fièra Cosmetics and shall not be modified except in writing by Fièra Cosmetics.
Fièra Cosmetics reserves the right to amend this arbitration provision at any time. Your continued use of the Website, purchase of a product on or through the Website, or use or attempted use of a Fièra Cosmetics product, is affirmation of your consent to such changes. Should the changes to this arbitration provision be material, Fièra Cosmetics will provide you notice and an opportunity to opt-out. Your continued use of the Website, purchase of a product on or through the Website, or use or attempted use of a Fièra Cosmetics product, is affirmation of your consent to such material changes.
YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION. YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU PURCHASE, USE, OR ATTEMPT TO USE A PRODUCT PURCHASED ON OR THROUGH THE WEBSITE (WHICHEVER COMES FIRST) BY WRITING TO US AT FIÈRA COSMETICS INC., ATTN: LEGAL DEPARTMENT, P.O. BOX 3335, BUFFALO, NY 14240-3335. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY PRODUCT YOU PURCHASED, USED OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST PURCHASED, USED OR ATTEMPTED TO USE THE PRODUCT. IF MORE THAN THIRTY (30) DAYS HAVE PASSED, YOU ARE NOT ELIGIBLE TO OPT OUT OF THIS PROVISION AND YOU MUST PURSUE YOUR CLAIM THROUGH BINDING ARBITRATION AS SET FORTH IN THIS AGREEMENT.
To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Fièra Cosmetics, its parent, subsidiaries, predecessors, successors and affiliates, and their respective partners, officers, directors, agents, representatives, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from and against any and all claims, actions, losses, liabilities, damages, expenses, demands and costs of any kind, including, but not limited to, reasonable attorneys’ fees, arising out of, resulting from, or in any way connected with or related to (1) your breach of these Terms, the documents they incorporate by reference, or the Agreement; (2) your breach of any representations or warranties in this Agreement; or (3) your violation of any law or the rights of a third-party.
Our Website may include materials from third-parties or links to third-party websites. We are not liable for any third-party materials or websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Fièra Cosmetics may use testimonials and/or product reviews in whole or in part together with the name and state/country of the person submitting it. Testimonials may be used for any form of activity relating to Fièra Cosmetics’ products, in printed and online media, as Fièra Cosmetics determines in its absolute discretion. Testimonials represent the unique experience of the customers submitting the testimonial, and do not necessarily reflect the experience that you may have using our products. As noted in Section 4 above, your results will vary depending upon a variety of factors unique to you, such as your age, health, and genetics.
Anything that you submit or post to the Website and/or provide us, including without limitation, photographs, testimonials, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”) is and will be treated as non-confidential and nonproprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. You represent and warrant that you are the owner or have sufficient rights to share the Submissions with us. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you.
Additionally, Fièra Cosmetics reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use. Fièra Cosmetics shall be under no obligation to use any, or any part of, any testimonial or product review submitted. If you submit a testimonial, you are confirming that you have read, understood and agree to these Terms. If you disagree with any part of these Terms, do not submit a testimonial.
This Website maintains specific contact information provided below, including an e-mail address, for notifications of claimed infringement regarding materials posted to this Website. All notices should be addressed to the contact person specified below (our agent for notice of claimed infringement):
Notification of Claimed Infringement:
Fièra Cosmetics Inc.
P.O. Box 3335
Buffalo, NY 14240-3335
Email: support@fieracosmetics.com
You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed.
In notifying us of alleged copyright infringement, the Digital Millennium Copyright Act requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.
You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
You may not assign any of your rights under these Terms, and any such attempt will be null and void. Fièra Cosmetics and its affiliates may, in their individual discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms if some or all of Fièra Cosmetics’ business is transferred to another entity by way of merger, sale of its assets or otherwise.
No waiver by Fièra Cosmetics of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by Fièra Cosmetics to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
No joint venture, partnership, employment, or agency relationship exists between you and us as a result of you receiving a product from us or from using this Website.
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.
In the event that we terminate this Agreement, Sections 4-5, 13-16, 18, 20-26, as well as any representations, warranties, and other obligations made or taken by you, shall survive the termination of this Agreement.
These Terms, the Agreement, and any policies or operating rules posted by us on the Website or in respect to the Website constitutes the entire agreement and understanding between you and Fièra Cosmetics, and supersedes and replaces any prior or contemporaneous agreements. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.
If you purchased a product through the Website, please contact the Fièra Cosmetics Team at:
Fièra Cosmetics Inc.
P.O. Box 3335
Buffalo, NY 14240-3335
Email: support@fieracosmetics.com
Last Updated 9th March 2023
This Privacy Policy ("Privacy Policy") describes the data collection, use, sharing and protection practices of Fièra Cosmetics Inc. ("Fièra Cosmetics", "we", "our", "us") and applies to https://fieracosmetics.com, including any sub domains thereof, affiliated websites, and mobile applications (collectively, the “Website”), and any content, products or services made available through the Website. We refer to the information, products and services made available through the Website as “Services” in this Privacy Policy. We use the words “you” and “your” to mean you, the reader, and other visitors to our Website and users of our Services who are, in all cases, over the age of 18. This age requirement is discussed in more detail later in this Privacy Policy.
By visiting the Website and requesting Services through the Website, you agree to the terms of this Privacy Policy, as they may be amended from time to time. As Fièra Cosmetics updates or expands its Website or Services, this Privacy Policy may change and the changes are effective upon posting. If we feel it is appropriate, or if the law requires, we’ll also provide a summary of changes we’ve made near the end of the new Privacy Policy as well. If Fièra Cosmetics determines that such changes materially affect your privacy rights, we will provide additional notice to you. This Privacy Policy is incorporated into, and part of, the Website Terms and Conditions which govern your use of this Website in general. This Website is intended for users who are located in the United States of America. The Privacy Policy shall be interpreted under the laws of the United States.
NAVIGATING THROUGH THIS PRIVACY POLICY
You can use the links below to navigate to areas of this Privacy Policy that apply specifically to you, or which may otherwise be of interest:
DATA ANALYTICS AND ADVERTISING
HOW WE DISCLOSE YOUR INFORMATION
SUBMITTING INFORMATION FROM OUTSIDE THE UNITED STATES
Fièra Cosmetics obtains information about you when you use our Services. Please note that we need certain types of information so that we can provide Services to you. If you do not provide us with such information, or ask us to delete it, you may no longer be able to access or use all or part of our Services.
Fièra Cosmetics collects the following types of information directly from you:
Fièra Cosmetics does not actively collect any sensitive personal information about any of its users.
Fièra Cosmetics and our partners (service providers or third-party companies that work on our behalf) use a variety of technologies to assist in collecting information about your use of the Services and the devices you use to access the Services.
Visitor Data. When you use our Website, we collect information that will help us understand and analyze your experience interacting with our Services. For example, we may collect information related to domain names, the type of browsers used to access the Services, operating system software, browser plug-ins, cookie preferences, search engine keywords, the pages you viewed and amount of time spent on particular pages, terms you use in you searches on our Website, and similar information.
Location Information. When you use the Services, we and our service providers may automatically collect general location information (e.g., IP address, city/state and or postal code associated with an IP address) from your computer or mobile device. This information allows us to enable access to content that varies based on a user’s general location (e.g., to provide you with accurate sales tax information and to deliver content customized to your location).
Cookies. “Cookies” are a feature in your browser software. We, or our partners, may write cookies that may store small amounts of data on your computer about your visit to any of the pages of the Website. Cookies assist us in tracking which of our features appeal the most to you and what content you may have viewed on past visits. When you visit this Website again, cookies can enable us to customize our content according to your preferences.
We may use cookies to:
You can disable certain cookies, although the Website may not function properly for you. Your browser preferences can be modified to accept or reject all cookies, or request a notification when a cookie is set. In order to use all of the features and functionality of Fièra Cosmetics’ Website, you need to accept cookies.
Web Beacons. A web beacon, sometimes called a tracking pixels, is a programming code that can be used to display an image on a web page, but can also be used to transfer your unique user identification to a database and associate you with previously acquired information about an individual in a database. This allows Fièra Cosmetics and our third-party service providers to track certain websites you visit. Web beacons are used to track online behavioral habits for marketing purposes to determine products or services you may be interested in. In addition to using web beacons on web pages, we also use web beacons in email messages sent to individuals listed in Fièra Cosmetics’ database.
Other Online Tools. Fièra Cosmetics may also use a web server log or an SDK. A webserver log is a file where website activity is stored. An SDK is a set of tools and/or code that we embed in our software to allow third parties to collect information about how people interact with our Services.
As we continue to develop the Website and our Services, Fièra Cosmetics may implement additional methods to gather information about the Fièra Cosmetics community.
Fièra Cosmetics maintains a presence on a variety of social media platforms. When you “like” or “follow” us on Instagram, YouTube, or other social media platforms, we may collect some information about you. We may also receive information about you from third party companies such as data analytics providers and data brokers. This information includes your name, email address, any comments or content you post that is relevant to Fièra Cosmetics. We also collect your information if you sign up for a promotion and submit information to us through one of our social media accounts.
HOW WE USE YOUR INFORMATION
The following paragraphs describe how Fièra Cosmetics uses your information in connection with our Services.
General Use. Fièra Cosmetics will use your information as necessary to carry out and manage its Services and to contact you. This includes, creating user accounts or profiles as well as using your information to verify and administer your account or profile, including processing payments, validating your compliance with the terms and conditions, fulfilling orders for merchandise (if applicable), processing transactions, and screening orders and transactions for potential risk or fraud. We will use your information to communicate with you about Fièra Cosmetics’ Services, your use of the Services or your inquiries related to the Services. Fièra Cosmetics will use your information to ensure that content from our Services is presented in the most effective manner for you and for your computer or device, allow you to participate in interactive features of our Services (when you choose to do so), and as part of our efforts to keep our Services safe and secure. Fièra Cosmetics does not create user profiles that are in furtherance of decisions that produce legal or similarly significant effects concerning a consumer.
Improve Fièra Cosmetics’. Services. Fièra Cosmetics continuously seeks to improve its Services.and optimize its Website. To do so, we conduct research to understand the effectiveness of our Services, improve our Services, and to better understand the Fièra Cosmetics community. If we publish the results of our research to others, such research will be presented in a de-identified and aggregate form such that individual users cannot be identified.
Promotional Communications. We will use your personal information to communicate with you by email, postal mail, phone, or text message with targeted advertisements or marketing communications we believe may be of interest to you, such as surveys, promotions, special events or our products and Services and those of our affiliates or third-party partners, and any of their related businesses. By creating an account and using this Website, you are giving your express permission to Fièra Cosmetics and their agents or vendors the right to contact you with targeted advertising materials by email, text message (SMS), telephone or cellphone, including the use of automated, predictive, programmable, or similar (“robodialers”) dialers or dialing software, or any other means of communication we may utilize to provide promotional offers. To the extent applicable, you expressly acknowledge that you are solely responsible for all charges billed by your mobile service provider. If you no longer wish to receive promotional communications by email, please follow the unsubscribe link located at the end of an email message. If you no longer wish to receive text messages, reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Fièra Cosmetics.
Marketing/Performance Analysis & Data Analytics. We will use your information to help us better understand your interests and needs, such as by engaging in analysis and research regarding use of the Services. We may use your information to measure or understand the effectiveness of advertising and content we serve to you and others, and to deliver and customize relevant advertising and content to you. For example, we may generate analytics about how our customers browse and interact with the Website, and to evaluate the success of any marketing and advertising campaigns we pursue.
Fraudulent Activity. We will use your information to protect Fièra Cosmetics, its partners, its users, and non-users against fraudulent activity or acts that Fièra Cosmetics believes to be in breach of applicable laws, rules, and codes or of its Terms of Services.
Combined Information. For the purposes discussed in this Privacy Policy, we may combine the information that we collect through the Services with information that we receive from other sources, both online and offline, and use and share such combined information in accordance with this Privacy Policy.
Aggregate/De-Identified Data. We may aggregate and/or de-identify any information collected through the Services so that such information can no longer be linked to you or your device (“Aggregate/De-Identified Information”). We may use Aggregate/De-Identified Information for any purpose, including for research and marketing purposes, and may also share such data with any third parties, including advertisers, promotional partners, and sponsors.
Data Analytics And Advertising
We may use third-party web analytics services on our Services to collect and analyze usage information through cookies and similar tools; engage in auditing, research, or reporting; assist with fraud prevention; try to locate the same unique users across multiple browsers or devices to better tailor services and features; and provide certain features to you. If you have a Google account with personalized advertising enabled, through Google Signals, Google will also be able to gather for us analytics and engagement information from across the various devices you use to access the Services. To prevent Google from using your information for analytics (including cross-device tracking for personalization purposes), you may install the Google Analytics Opt-out Browser Add-on by clicking here. And to opt out of Google Signals, please open your “Settings” app, locate and tap “Google,” select “Ads,” and turn ON “Opt out of Ads Personalization.” You may also be able to disable cross-device tracking through your Android or Apple device-based settings.
If you receive email from us, we may use certain analytics tools, such as clear GIFs to capture data such as when you open our message or click on any links or banners our email contains. This data allows us to gauge the effectiveness of our communications and marketing campaigns.
The Services may integrate third-party advertising technologies (e.g., ad networks and ad servers such as Facebook, Google Ad Words, and others) that use cookies and other technologies to deliver relevant content and advertising for products on the Services, as well as on other websites you visit and other applications you use. The ads may be based on various factors such as the content of the page you are visiting, information you enter such as your searches, demographic data, and other information we collect from you. These ads may be based on your current activity or your activity over time and across other websites and online services.
We sometimes provide our customer information (such as email addresses) to service providers, who may “match” this information in hashed form to cookies (or mobile ad identifiers) and other proprietary IDs, in order to provide you with more relevant ads when you visit other websites and mobile applications.
We neither have access to, nor does this Privacy Policy govern, the use of cookies or other tracking technologies that may be placed on your device you use to access the Services by non-affiliated third-party advertising network services. If you are interested in more information about tailored browser advertising and how you can generally control cookies from being put on your computer to deliver tailored advertising, you may visit the Network Advertising Initiative’s Consumer Opt-Out link, the Digital Advertising Alliance’s Consumer Opt-Out link, or the Your Online Choices link.
Please note that if you exercise the opt-out choices above, you will still see advertising when you use the Services, but it will not be tailored to you based on your online behavior over time.
When using mobile applications from us or others, you may also receive tailored in-application advertisements. We may use third-party service providers to deliver advertisements on mobile applications or for mobile application analytics. Each operating system, iOS for Apple phones, Android for Android devices, and Windows for Microsoft devices provides its own instructions on how to prevent the delivery of tailored in-application advertisements. We do not control how the applicable platform operator allows you to control receiving personalized in-application advertisements; thus, you should contact the platform provider for further details on opting out of tailored in-application advertisements. You may review the support materials and/or the device settings for the respective operating systems to opt-out of tailored in-app advertisements.
By submitting your email address and/or phone number through the Website, you are expressly consenting to receive emails from Fièra Cosmetics, including from Fièra Cosmetics’ affiliates. To opt-out of receiving email messages from us click on the “Unsubscribe” link contained in each email. No email addresses will be shared with any other senders or third parties.
Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. We are committed to providing you with meaningful choices about the information collected on our website for third-party purposes, and that is why we provide the variety of opt-out mechanisms listed above. There is, however, currently no universal standard for sending and receiving DNT signals. As such, we cannot promise that we respond to all DNT signals, but do recognize and respond when required, such as when HTTP header fields or Java objects are used.
HOW WE SHARE YOUR INFORMATION
Fièra Cosmetics may share your information in the following ways:
Affiliates & Related Business Entities. We may share the information we collect with our affiliates or related business entities for the purposes of delivering products or services to you, ensuring a consistent level of service, and to enhance our products, services, and your customer experience.
Service Providers. We provide access to or share your information with select service providers who use the information to perform services on our behalf. They provide a variety of services to us, including billing, sales, marketing, advertising, analytics, research, customer service, shipping and fulfillment, data storage, IT and security, fraud prevention, payment processing, and auditing and legal services.
Third Parties. We may share the information we collect with third parties for the purposes of delivering services such as advertising which includes cross contextual behavioral advertising on our behalf.
Legal Compliance. By using the Service, you acknowledge and agree that we may access, retain, and disclose information we collect and maintain about you if reasonably necessary to comply with a subpoena or court order, to enforce our Terms of Use, Privacy Policy, or Fièra Cosmetics’ legal rights.
Business Transfers. As Fièra Cosmetics continues to grow, we may buy, merge, or partner with other companies. In such transactions, your information may be among the assets that are transferred.
Public Forums. Certain features of our Services make it possible for you to share comments publicly with other users. Any information that you submit through such features is not confidential, and we may use it for any purpose (including in testimonials or other marketing materials). For example, if you submit a product review on one of our Websites or blogs, we may display your review (along with the name provided, if any) on other Fièra Cosmetics websites and on third-party websites. Any information you post openly in these ways will be available to the public at large and potentially accessible through third-party search engines. Accordingly, please take care when using these features.
Aggregate/De-Identified Information. We reserve the right to create Aggregate/De-Identified Data from the information we collect through the services and our sharing of such Aggregate/De-Identified Data is in our sole discretion.
HOW WE DISCLOSE YOUR PERSONAL INFORMATION
Over the past twelve months, Fièra Cosmetics has disclosed the data categories described within this Privacy Policy to third parties for business purposes relating to the (i) audits of services provided by third parties including counting ad impressions, (ii) security and integrity of Fièra Cosmetics’ operations, where required, as well as improving, upgrading or enhancing the service or device that is owned by us (iii) fixture of any technical issues being faced by Fièra Cosmetics (iv) provision of services on behalf of Fièra Cosmetics including advertising and marketing services where permitted, and (v) internal research and improvements.
Fièra Cosmetics does not sell your data in exchange for monetary consideration. In order to support tailored advertisements, offers, or content that you may find interesting when you browse the internet, Fièra Cosmetics shares certain personal information with our trusted third party partners that support online advertising, data co-operatives, mobile advertising, data analytics, social media engagement, data brokers advertising networks or any other activity that may be considered cross-behavioral advertising. This transfer could be defined as a sale, sharing for cross-context behavioral advertising or targeted advertising.
In support of the activities listed above, over the past twelve months, Fièra Cosmetics has shared or sold the following categories of personal information: (i) identifiers, (ii) inference data, (iii) user activity, (iv) commercial information, (v) demographic data, (vi) contact information, (vii) user account information, (viii) proximate location data, and (ix) professional data. For more information on how to exercise your rights in relation to the sharing or sale of your personal information, please see the section “Exercise Your Privacy Rights” below.
THIRD-PARTY LINKS AND CONTENT
The Website and email messages that you receive from Fièra Cosmetics may sometimes contain hypertext links to the websites of third parties. Fièra Cosmetics is not responsible for the privacy practices or the content of such other websites. Linked websites may contain links to websites maintained by third parties. Such links are provided for your convenience and reference only. Fièra Cosmetics does not operate or control in any respect any information, software, products or services available on such third-party websites. The inclusion of a link to a website does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.
DATA SECURITY
The Website and email messages that you receive from Fièra Cosmetics may sometimes contain hypertext links to the websites of third parties. Fièra Cosmetics is not responsible for the privacy practices or the content of such other websites. Linked websites may contain links to websites maintained by third parties. Such links are provided for your convenience and reference only. Fièra Cosmetics does not operate or control in any respect any information, software, products or services available on such third-party websites. The inclusion of a link to a website does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.
SUBMITTING INFORMATION FROM OUTSIDE THE UNITED STATES
We control and operate the online and mobile resources from within the United States of America (the “U.S.”). Information collected through the Website and Services may be stored and processed in the United States or any other country in which we or our vendors maintain facilities. Although we do not actively block or monitor visitors from other countries, the Website is directed only at visitors from the U.S. As such, this Privacy Policy is consistent with U.S. law and practice and is not adapted to other laws (including European data security and privacy laws). Fièra Cosmetics will apply the applicable laws of the U.S. including as embodied in this Privacy Policy in place of data protections under your home country's law. That is, you freely and unambiguously acknowledge that this Privacy Policy, not your home country's laws, controls how we will collect, store, process, and transfer your personal information. Similarly, the English language version of this Privacy Policy is the controlling version regardless of any translation you may attempt.
EXERCISE YOUR PRIVACY RIGHTS
Fièra Cosmetics takes privacy seriously. Where applicable, data subjects have certain rights which they can request for Fièra Cosmetics to fulfill. These request can be made by either the data subject or an authorized agent. These rights include:
In order to exercise any of the rights detailed above, please email support@fieracosmetics.com . We will use your email as proof of verification unless otherwise prohibited. Exercising your rights under this section will not result in any discrimination by Fièra Cosmetics . We will treat you the same as any other user.
If you disagree or dispute a decision that has been made on the scope or application of the rights described in this clause, you may appeal this decision by contacting support@fieracosmetics.com.
CHILDREN’S PRIVACY
Federal law imposes special restrictions and obligations on commercial website operators who direct their operations toward, and collect and use information from children under the age of 13. We take those age-related requirements very seriously, and, consistent with them, do not intend for our Website or Services to be used by children under the age of 18, and certainly not by anyone under the age of 13. Moreover, we do not knowingly collect personal information from minors under the age of 18. If we become aware that anyone under the age of 18 has submitted personal information to us via our Website or Services, we will delete that information and not use it for any purpose whatsoever. We encourage parents and legal guardians to talk with their children about the potential risks of providing personal information over the Internet.
RETENTION PERIOD
Fièra Cosmetics shall only store personal information for so long as it is required. This is determined by considering the purposes for which it was obtained in accordance with applicable laws. Our retention period is based on (1) the nature of our relationship with the data subject and (2) any legal obligations we are bound to fulfill.
CONTACT US
If you have questions about this Privacy Policy or Fièra Cosmetics’ privacy practices, please contact us at:
Fièra Cosmetics Inc.
P.O. Box 3335
Buffalo, NY 14240-3335
Email: support@fieracosmetics.com
PO Box 3335, Buffalo, NY, 14240-3335
