Welcome to all social media platforms which are operated by Radixis Inc., including www.yvesrocherusa.com, www.facebook.com/YvesRocherUSA, www.instagram.com/yvesrocherusa, www.tiktok.com/@yvesrocherusa (collectively with all of our related sites, mobile applications and social media outlets, and the various content, features, products and services offered on and in connection with these sites and applications, our “Sites”), which are operated by Radixis Inc. (“Yves Rocher USA”, or “we”, “us”, “our”).

The Sites enable you to browse and search products in our designated service areas. This page explains the terms by which you may use our Sites. The Terms of Use described below (the “Terms of Use”) should be read in conjunction with our Privacy Policy and our Return Policy.

1. ACCEPTANCE OF TERMS

The Sites are owned and operated by Yves Rocher USA and can only be accessed and used by you under these Terms of Use. These Terms of Use constitute a legally binding agreement which describes your legal rights, remedies and obligations and they also describe Yves Rocher USA commitments, legal rights and remedies, so please read them carefully.

PLEASE READ THESE TERMS OF USE CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS OF USE CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

BY ACCESSING, DOWNLOADING, OR USING ANY OF THE SITES, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS AND USE THE SITES.

2. MODIFICATIONS OF TERMS OF USE

Yves Rocher USA may, in its sole discretion, modify these Terms of Use at any time effective upon posting the modified Terms of Use on and in connection with the Sites, with or without additional notice to you. You are responsible for regularly reviewing information posted on the Sites to obtain timely notice of such changes. If you do not agree to the amended terms, you agree to immediately stop using the Sites and to provide Yves Rocher USA notice to remove you from any distribution lists or other communication list that are available to you through your use of the Sites. YOUR CONTINUED USE OF THE SITE AND SERVICES AFTER SUCH POSTING (OR OTHER NOTIFICATION, IF ANY) MEANS YOU ACCEPT AND AGREE TO BE BOUND BY THE MODIFIED TERMS OF USE.

3. USE OF THE SITE AND SERVICES

Subject to full compliance with these Terms of Use, Yves Rocher USA grants authorized users a nonexclusive, nontransferable, non-sublicensable, terminable license to access and use the site, services and products, for your personal use. You agree to not access, reproduce, duplicate, copy, sell, re-sell, modify, distribute, transmit, or otherwise exploit the Sites, Services and products or any of their content for any purpose except for your personal use and as described in these Terms of Use, without the express written consent of Yves Rocher USA. Yves Rocher USA may modify, update, suspend or discontinue the Sites, in whole or in part, at our sole discretion for any or no reason, at any time and with or without notice. Yves Rocher USA shall not be liable to any user or other third party for any such modification, update, suspension or discontinuance.

4. USER CONDUCT

As a condition of your access and use of the Sites and your submission or access to any ratings, reviews, communications, information, data, text, photographs, audio clips, audiovisual works, or other materials on the Sites (collectively, the “Content”), you agree not to use the Sites for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Yves Rocher USA. By way of example, and not as a limitation, you agree not to:

violate these Terms of Use, other applicable agreement with Yves Rocher USA, and any applicable local, state, national or international law, and any rules and regulations having the force of law;
use the Sites in any manner that violates any relevant law or that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any Content that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
use the Sites or its Content for any purposes not authorized by these Terms of Use, including the submission or transmission of any Content that contains advertisements, promotional materials, junk mail, or any other form of solicitation;
reproduce, duplicate, copy, modify, sell, re-sell or exploit any Content or the Sites for any commercial, educational, or any other non-personal purpose or any for any purpose unrelated to your personal purchasing or selling decisions, without the express written consent of Yves Rocher USA, which consent may be withheld by Yves Rocher USA in our sole discretion;
post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure, interfere or attempt to interfere with the proper working of the Sites or any activities conducted on the Sites;
harass, threaten, intimidate, impersonate, or attempt to impersonate, any other person, falsify your contact or other information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Yves Rocher USA, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating;
knowingly provide or submit false or misleading information;
use the Sites if you are under the age of eighteen (18);
take any action that would undermine the review and rating process under the Sites;
attempt to gain unauthorized access to the Sites, other user accounts, or other computer systems or networks connected to the Sites;
use the Sites in any way that could interfere with the rights of Yves Rocher USA or the rights of other users of the Sites;
attempt to gain unauthorized access to any portion or feature of the Sites, or any other systems or networks connected to the Sites or to any server used by Yves Rocher USA by hacking, password ‘mining’ or any other illegitimate or unauthorized means, including attempting to obtain password, account, or any other personal or private information from any other Sites user;
sell, share, or otherwise transfer your account username, password, other information, or your rights or obligations under these Terms of Use;
transmit or submit any transmission or other materials that are encrypted or that contains viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that is likely or intended to damage, interfere with, disrupt, impair, disable or otherwise overburden the Sites;
access, download, monitor, or copy any information contained on our Sites through artificial means (including but not limited to use any ‘deep-link’, ‘scraper’, ‘robot’, ‘spider’ or other automatic device, program, algorithm or methodology, or any similar or equivalent automatic or manual process), or in any way reproduce or circumvent the navigational structure or presentation of the Sites or any content, to obtain or attempt to obtain any Content, materials, documents or information through any means not purposely made available through the Sites; or
probe, scan or test the vulnerability of the Sites or any network connected to the Sites, nor breach the security or authentication measures on or of the Sites or any network connected to the Sites. You may not reverse look-up, trace or seek to trace any information on any other user of the Sites, or any other customer of Yves Rocher USA, including any Yves Rocher USA account not owned by you, to its source, or exploit the Sites or any service or information made available or offered by or through the Sites, in any way where the purpose is to reveal any information, including but not limited to personal identification or information other than your own information, except as expressly authorized by Yves Rocher USA and provided for by the Sites.

5. REGISTRATION AND USER INFORMATION

We may require that you create an account to use or access certain parts of the Sites and use certain products and features. We may require that you provide login information such as a username and password to access and utilize your account (an “Account”). As a condition of your use of the Sites, you agree to (a) provide Yves Rocher USA with true, accurate, current and complete information as prompted by the Yves Rocher USA’s registration forms, when registering for or using the Sites and (b) update and maintain the truthfulness, accuracy and completeness of such information. You are responsible for maintaining the confidentiality of any password or other account information not generally available to others and are fully responsible for all activities that occur under your username and password. While there are limited, legitimate reasons for creating multiple accounts, creating serial or overlapping accounts may result in account termination. Please contact us if you have questions about managing multiple accounts.

In order to create an Account, you will be required to provide certain information, including without limitation, full name and a valid email address. If messages sent to an email address provided by you and associated with your Account are returned as undeliverable, Yves Rocher USA reserves the right to terminate your Account immediately with or without notice to you and without any liability to you or any third party.

Yves Rocher USA shall maintain at all times a record of the name and email address supplied by the Sites' users, including you, and the username and current password of each user. Such records shall be retained for not less than 180 days after the expiration of the validity of your password.

Yves Rocher USA reserves the right to reject any username selected by you and/or revoke your right to any previously selected user name and give such user name to any other person or entity in Yves Rocher USA's sole discretion and without any liability to you. You are responsible for maintaining the confidentiality of your account credentials in order to use the Sites, and are fully responsible for all activities that occur through the use of your credentials. You should use a robust password to protect your account through a combination of upper and lower case letters, numbers and other characters. You agree to notify Yves Rocher USA immediately of any unauthorized use of your account credentials or any other breach of security with respect to your account. Yves Rocher USA will not be liable for any loss or damage arising from unauthorized use of your account credentials prior to you notifying Yves Rocher USA of such unauthorized use or loss of your credentials.

Yves Rocher USA reserves the right to suspend or terminate your access to the Sites and the Account if any information provided to Yves Rocher USA in connection with your Account or use of the Sites proves to be inaccurate, not current, incomplete or misleading.

Registration through Meta Platforms Inc. allows you to register easily and quicker and allows Yves Rocher USA to receive from Meta Platforms Inc., your profile photo, name, gender and date of birth. Once you register, you represent and warrant all registration information you submitted to Meta Platforms Inc., is accurate and truthful and that you agree to update and maintain the accuracy of such information. You further represent and warrant that your use of the Website shall not violate any applicable law or regulation. Yves Rocher USA will, in accordance with its Privacy Policy, keep your information confidential.

Registration of more than one Account per individual is not permitted and automatic generation of multiplied Accounts is restricted and may lead to legal action. For the avoidance of doubt, each email address may be associated with only one username and password. However, you may utilize the same user name and password on other websites operated by Yves Rocher USA, if any.

6. SMS/TEXT MESSAGE ALERTS AND CALLS.

By consenting to Yves Rocher USA's SMS/text messaging and calls service, you agree to receive SMS/text messages and calls with service, transaction, account-related, and commercial news, events, offers, and promotions from and on behalf of Yves Rocher USA to the mobile phone number provided by you, even if your mobile number is registered on any state or federal Do Not Call list. You certify that your mobile number provided is true and accurate and that you are authorized to enroll the designated mobile number to receive such text messages and calls. You are strictly prohibited from registering a mobile number that is not your own. You acknowledge and agree that calls or text messages may be sent using automated technology, including through an automatic telephone dialing system.

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Yves Rocher USA. Your participation in our alerts program is completely voluntary. Standard message and data rates may apply from your carrier.

Check your mobile plan and contact your mobile carrier for details. You are solely responsible for all charges related to SMS/text messages and calls, including charges from your mobile carrier. You can unsubscribe at any time.

You may opt-out of receiving promotional calls or SMS text messages at any time. Please note that unsubscribing from promotional calls and SMS text messages will not prevent you from receiving calls or SMS texts from Yves Rocher USA directly relating to your use of the Service, such as account information, item pickup details and delivery information that are necessary to provide the requested Service to you. To unsubscribe from promotional calls or SMS texts, email info@yvesrocher.us and provide your phone number and opt-out request.

7. YVES ROCHER USA’S PRODUCTS AND SERVICES

When using, accessing, or purchasing particular products, services or features of the Sites, you shall be subject to any posted agreements, guidelines, or rules applicable to such services or features that may be posted from time to time. All such agreements, guidelines, or rules are hereby incorporated by reference into the Terms of Use.

Certain products or services may be available exclusively online through the Sites. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Sites will be corrected.

Some aspects of the Sites may require you to pay a fee or other charge, the details of which are available in various areas of the Sites that feature the ability to purchase products, features or Services. You agree to pay all fees, charges and applicable taxes incurred by you or anyone using your Account. We may revise the pricing for products, Services or features offered through the Sites at any time. Unless otherwise noted, all currency references are in U.S. dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. If there is a dispute regarding payment of fees to, or products or Services provided by, us, your Account may be closed without warning or notice at our sole discretion.

EXCEPT AS OTHERWISE SET FORTH IN OUR SHIPPING, RETURN OR CANCELLATION POLICIES APPLICABLE TO OUR PRODUCTS, SERVICES OR FEATURES, YOU ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES AND OTHER CHARGES FOR PRODUCTS, SERVICES OR FEATURES ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT REGISTRATION, INCLUDING ANY UNAUTHORIZED CHARGES.

We may, from time to time, modify, amend, or supplement our fees and fee-billing methods, and such changes shall be effective immediately upon posting in these Terms or elsewhere on the Sites.

8. ORDER ACCEPTANCE AND SHIPPING TERMS

The receipt of an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Such receipt also does not constitute a confirmation that the product or service is in stock or otherwise available on the price and terms published on the Sites, or published in any catalog or other advertisement. Yves Rocher USA reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer for any reason, including limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified as potential fraud. Yves Rocher USA reserves the right to limit the quantity of items purchased per person, per household or per order for any reason; and these restrictions may apply to orders placed by the same account, the same credit card, and also to orders that use the same billing address and/or shipping address. Yves Rocher USA also reserves the right, in our sole discretion, to either prohibit sales or limit quantities of sales to dealers or resellers. For purposes of this Agreement, reselling shall be defined as purchasing or intending to purchase any item from Yves Rocher USA for the purpose of engaging in a commercial sale of that same item with a third party. With respect to items sold by Yves Rocher USA, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Yves Rocher USA is higher than our stated price, we will at our discretion, either contact your for instructions before shipping or cancel your order. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. Pricing for items on our website may be different from prices available in Yves Rocher USA stores or on Yves Rocher USA mobile applications (pricing and availability remain subject to confirmation at checkout for mobile users). Verification of order and customer information may be required prior to the acceptance of any order. Yves Rocher USA is not obligated to fulfill any order and may refuse any order. Alternatively, Yves Rocher USA may accept the order and notify you of an estimated time for shipment (in which case the order shall be deemed to remain open until delivery). Any shipping and handling charges which are imposed may reflect estimated or average amounts required to cover the cost of shipping and handling and need not reflect the exact cost of the specific order. Same day delivery may be available in a limited geographic area. Applicable taxes and delivery fees will apply. The delivery fee does not include voluntary tip(s) or gratuity provided to the courier. In the event of an authorized return of any goods sold from the Sites Yves Rocher USA is not obligated to include a refund of any shipping and handling charges or delivery charges or gift wrap charges except when the return is for defective product and Yves Rocher USA shall have the option to refund any amount owing to Customer by either crediting the charge card used for payment or mailing a check to the Customer at the address shown on the related order.

The risk of loss for and title to products purchased on the Sites passes to the purchaser upon delivery to the carrier.

CHANGING/ CANCELLING YOUR ORDER

Due to the nature and speed involved with Yves Rocher fulfilment process, once your order has been placed and payment processed, we will be unable to cancel or change the details of your order (such as delivery address, product types or quantity). Our return option will always be available after parcel delivery. If you have any questions, please contact our customer services team at info@yvesrocher.us or website chat.

It is your responsibility to provide us with a complete and accurate delivery address information. We will not be liable if you supply us with incomplete or inaccurate information.

Carrier Responsibility:
Once an order has been handed over to the shipping carrier, the responsibility for lost, delayed, or undelivered packages lies with the carrier. While we will assist in tracking and resolving such issues, Yves Rocher USA cannot be held liable for carrier-related delays, damages, or delivery errors.

Delivered but Not Received:
If a package is marked as “Delivered” by the carrier and the shipping address provided by the customer is accurate and verified, it is the customer's responsibility to contact the carrier for further investigation.

Reshipment Policy:

1. In cases where a package has been marked as “Delivered” with a confirmed correct address, Yves Rocher USA reserves the right to approve or decline a reshipment request.

2. If a reshipment is approved, the customer will be required to pay a $19 shipping fee to cover the cost of resending the parcel.

Customer Responsibility for Address Accuracy:
Customers are responsible for ensuring that their shipping address is accurate at checkout. Yves Rocher USA will not be held liable for delays or delivery failures caused by incorrect or incomplete shipping information.

Assistance with Carrier Issues:
Our customer care team will gladly assist in communicating with the carrier and providing tracking updates. However, ultimate responsibility for lost, delayed, or mishandled packages rests with the shipping carrier.

9. ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our Sites 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 in the service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Sites or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Sites or on any related website, should be taken to indicate that all information in the Sites or on any related website has been modified or updated.

We reserve the right to modify, suspend or terminate, in our sole discretion, at any time, temporarily or permanently, for any or no reason and without notice to you, and without any liability to you, any portion of the Sites, and/or your Account, password or use of any service.

In the event of termination, you will still be bound by your obligations under these Terms of Use, including the warranties made by you, and by the disclaimers and limitations of liability 

9. SUBMITTING CONTENT

As a condition of submitting any Content or other materials to the Sites, you agree that:
you grant to Yves Rocher USA a royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, create derivative works from, incorporate such Content into other works;
you grant to Yves Rocher USA all rights necessary to publish or refrain from publishing your name and address in connection with your Content; sublicense through multiple tiers the Content, and acknowledge that this license cannot be terminated by you once your Content is submitted to the Sites;
you grant to Yves Rocher USA all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction, distribution, or exploitation of your Content by any other party;
your name and report information may be made available to the public;
you represent that you own or have secured all legal rights necessary for the Content submitted by you to be used by you, Yves Rocher USA, and others as described and otherwise contemplated in these Terms of Use;
you represent and warrant that each person identified, depicted, or shown in in your Content, if any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of the Content consistent with these Terms of Use;
you are solely responsible for your reviews and ratings;
Only verified customers are permitted to leave reviews.
Yves Rocher USA may, in its sole discretion, choose to remove or not to remove reviews and ratings once published;
you will not submit any reviews that may be considered by Yves Rocher USA to be infringing, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, or otherwise violates any relevant law or right of any other party, or racially, ethnically or otherwise objectionable;
all of your reviews and ratings will either be based upon (i) your actual first-hand experiences with products or services you are reviewing;
all of your reviews and ratings of products or services that you are rating will be accurate, honest, truthful, and complete in all respects;
you shall not receive any form of compensation to post reviews and ratings;
you will submit thorough and thoughtful reviews of products or services you review (for example, submitting a review describing a product or service as “It is great.” Without additional commentary is not a thorough and thoughtful review);
you will not submit reviews that comment on other users or the reviews of other users;
you will not submit reviews with hyperlinks; or
the reviews and ratings that you provide do not reflect the views of Yves Rocher USA, its officers, managers, owners, employees, agents, designees or other users.

10. PUBLICATION AND DISTRIBUTION OF CONTENT

Yves Rocher USA does not guarantee the accuracy, integrity, quality or appropriateness of any Content transmitted to or through the Sites. You acknowledge that Yves Rocher USA simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of Content and for the publication and distribution of any content posted by user in response to Content (“User Content”). You understand that all Content and User Content posted on, transmitted through or linked through the Sites, are the sole responsibility of the person from whom such Content originated. You understand that Yves Rocher USA does not control and is not responsible for Content or User Content made available through the Sites, and that by using the Sites, you may be exposed to Content that is inaccurate, misleading, or offensive. You agree that you must evaluate and make your own judgment, and bear all risks associated with, the use of any Content and User Content.

You further acknowledge that Yves Rocher USA has no obligation to screen, preview, monitor or approve any Content or User Content, or Content posted or submitted by any other user. However, Yves Rocher USA reserves the right to review and delete any Content that, in its sole judgment, violates the terms and conditions of this Agreement. By using the Sites, you agree that it is solely YOUR RESPONSIBILITY to evaluate your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any Content that you submit, receive, access, transmit or otherwise convey through the Sites. Under no circumstances will Yves Rocher USA be liable in any way for any Content or User Content, including, but not limited to, any Content or User Content that contains any errors, omissions, defamatory statements, or confidential or private information or for any loss or damage of any kind incurred as a result of the use of any Content or User Content submitted, accessed, transmitted or otherwise conveyed via the Sites. You waive the right to bring or assert any claim against Yves Rocher USA relating to Content or User Content, and release Yves Rocher USA from any and all liability for or relating to any Content or User Content.

You may, however, report Content that you believe violates these Terms of Use or is otherwise unlawful bywriting to ourUser Supportinfo@yvesrocher.us (for copyright complaints, please see below). Please note that you may be liable for damages (including costs and attorneys’ fees) for unlawful misrepresentations. If you are uncertain whether an activity is unlawful, we recommend seeking advice of an attorney.

You agree that Yves Rocher USA may establish general practices, policies and limits, which may or may not be published, concerning the use of the Sites, including without limitation, the time that reviews and ratings will be retained, the maximum number of reviews and ratings that may be sent from an account, the length of reviews and ratings sent, and the maximum number of times and the maximum duration for which you may access the Sites in a given period of time. You agree that Yves Rocher USA has no responsibility or liability for the deletion or failure to store any Content or other materials maintained or transmitted by or through the Sites. You agree that Yves Rocher USA has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

11. TERMINATION

Yves Rocher USA may terminate your privilege to use or access the Sites immediately and without notice for any reason whatsoever. Upon such termination, you must immediately cease accessing or using the Sites and agree not access or make use of, or attempt to use, the Sites. Furthermore, you acknowledge that Yves Rocher USA reserves the right to take action -- technical, legal or otherwise -- to block, nullify or deny your ability to access the Sites. You understand that Yves Rocher USA may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to Yves Rocher USA.

All provisions of these Terms of Use which by their nature should survive termination shall survive the termination of your access to the Sites, including, without limitation, provision regarding ownership, warranty disclaimers, indemnity, and limitations of liability.

12. ADS

Yves Rocher USA's Services may, at some point, include advertisements, which may be targeted to the content or information on the Sites, queries made through the Sites, or from other information. The types and extent of advertising on the Sites are also subject to change over time. In consideration for providing you the Sites, you agree that We and our third party providers and partners may place advertising on our Sites or in connection with the display of content or information on our Services.

13. NOTICE FOR CALIFORNIA USERS

Under California Civil Code Section 1789.3, California web users are entitled to the following specific consumer rights notice: The Services are provided by Radixis Inc.. If You have any questions, concerns, or complaints regarding the Sites, please contact Radixis by writing to ourUser Support atinfo@yvesrocher.us Attn: Customer Care.

California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

14. TRADEMARKS AND COPYRIGHTS

Yves Rocher USA, and other Sites’ graphics, logos, designs, page headers, button icons, scripts, and service names are the trademarks or trade dress of Yves Rocher USA in the U.S. and/or other countries. These trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, keyword advertisements, or email addresses, or in connection with any product or service in any manner that is likely to cause confusion.

You should assume all Content and material made available on the Sites is protect by copyright law. Aside from user-submitted Content, all other materials and other information on the Sites, including, but not limited to, all text, graphics, logos, icons, images, audio and video clips, downloads, data compilations and software are the exclusive property of Yves Rocher USA and/or its licensors and are protected by all United States and international copyright laws.

15. NOTICES

You agree that Yves Rocher USA may communicate any notices to you under these Terms of Use, through electronic mail, regular mail or posting the notices on the Site. All notices to Yves Rocher USA will be provided by sending an email to info@yvesrocher.us, Attn: Customer Care. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.

In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), Yves Rocher USA will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is:

Radixis Inc., d/b/a Radixis
Attn: Designated Agent
Email: info@yvesrocher.us

If you are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that your work’s copyright or trademark has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:

a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
identification of the copyrighted work or trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works at that site;
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 an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and
a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Yves Rocher USA will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.

16. DELAYS AND ACCESSIBILITY

The Sites may be subject to limitations, delays, failure, and other problems inherent in the use of the Internet and electronic communications. Yves Rocher USA is not responsible for any delays, failures or other damage resulting from such problems.

17. USER FEEDBACK

Yves Rocher USA appreciates hearing from you, as well as our other users, and welcomes your comments regarding our Sites. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, or materials other than those which we have specifically requested. Although we do value your feedback on our Sites, please be specific in your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts or other information (collectively, the “Submissions”), such Submissions will be the property of Yves Rocher USA. In addition, none of the Submissions will be subject to any obligations of confidentiality and Yves Rocher USA will not be liable for any future use or disclosure of such Submissions.

18. BEAUTY PRODUCTS- DISCLAIMER

Cosmetics and other health and beauty products (“Beauty Products”) requires care to be certain that any directions and warnings from the manufacturer are observed and followed. You should also note and be aware of the possibility that some people may have allergic or other reactions to such products.

Yves Rocher USA will endeavor to provide you with product labeling information, however, Yves Rocher USA is not the manufacturer of the Beauty Products it sells. You are advised to read and strictly follow the label, all packaging inserts and instructions and all manufacturer directions and warnings.

In providing information or advice on this Site with respect to Beauty Products, whether in chat rooms, in product descriptions, or otherwise, Yves Rocher USA may rely upon advice from third-party manufacturers and from licensed beauticians.

19. WARRANTIES AND DISCLAIMERS

You acknowledge that Yves Rocher USA has no control over, and no duty to take any action regarding: which users gain access to or use the Sites; what effects the content on or in connection with the Sites may have on you; how you may interpret or use the content on or in connection with the Sites; or what actions you may take as a result of having been exposed to the content on or in connection with the Sites. You release Yves Rocher USA from all liability for you having acquired or not acquired content or information through the Sites. The Sites may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Yves Rocher USA makes no representations concerning any content contained in or accessed through the Sites, and Yves Rocher USA will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Sites. Yves Rocher USA makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein.

YOU ACCESS AND USE THE SITES AT YOUR OWN RISK. THE SITES ARE PROVIDED ON AN ‘AS IS, AS AVAILABLE’ BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER YVES ROCHER USA NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON OR IN CONNECTION WITH THE SITES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF YVES ROCHER USA, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO, OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. WE ARE NOT LIABLE FOR CRIMINAL, TORTUOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THE SITES. IN NO EVENT WILL YVES ROCHER USA OR ANY OF ITS DIRECTORS, OFFICERS, AFFILIATES, BROKERS, AGENTS, EMPLOYEES, ASSIGNS OR THIRD-PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTUOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL YVES ROCHER USA OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITES.

ANY MATERIAL ACCESSED, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES IS DONE 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 YVES ROCHER USA OR THROUGH OR FROM THE SITES AND/OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, YVES ROCHER USA DOES NOT REPRESENT OR WARRANT THAT (I) THE SITES AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SITES AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES AND/OR SERVICES WILL BE ACCURATE OR YVES ROCHER USAABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.

YVES ROCHER USA SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND YVES ROCHER USA HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

Yves Rocher USA has no control over and no duty to take any action regarding: other users’ behavior; what effects Content may have on you; how you may interpret or use Content; or what actions you may take as a result of having been exposed to Content. You release Yves Rocher USA from all liability for you having acquired or not acquired Content through the Sites. Yves Rocher USA makes no representations concerning any Content, including the accuracy thereof, contained in or accessed through the Sites, and Yves Rocher USA will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Sites.

The Sites may display links to other Internet sites or resources. Because Yves Rocher USA has no control over such sites and resources, you acknowledge and agree that Yves Rocher USA is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.

You further acknowledge and agree that Yves Rocher USA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

20. INDEMNITY

You agree to indemnify, defend and hold harmless Yves Rocher USA, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any violation of these Terms of Use by you; (b) the inaccurate or untruthful Content or other information provided by you to Yves Rocher USA or that you submit, transmit or otherwise make available through the Sites; or (c) any intentional or willful violation of any rights of another or harm you may have caused to another. Yves Rocher USA will have sole control of the defense of any such damage or claim.

21. LIMITATIONS OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YVES ROCHER USA WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF YVES ROCHER USA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SITES OR ANY PRODUCT SOLD OR OFFERED THEREIN; (B) THE COST OF ANY PROPERTY AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SITES; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SITES; (E) STATEMENTS OR CONDUCT OF ANY USER OR OTHER THIRD PARTY THROUGH THE SITES; (F) ANY OTHER MATTER RELATING TO THE SITES; (G) ANY BREACH OF THIS TERMS OF USE BY YVES ROCHER USA OR THE FAILURE OF YVES ROCHER USA TO PROVIDE SERVICE OR PRODUCT (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY USER (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

22. ENTIRE AGREEMENT

These Terms of Use and other agreements, rules, and policies incorporated by reference to these Terms of Use including, without limitation, the Privacy Policy, constitutes the entire agreement between you and Yves Rocher USA. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and Yves Rocher USA regarding the subject matter contained in these Terms of Use. Additional terms and conditions may exist between you and third parties, including but not limited to, other users and others. You represent and warrant that those third-party agreements do not interfere with your obligations and duties to Yves Rocher USA under these Terms of Use.

23. MUTUAL ARBITRATION AGREEMENT

Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and Yves Rocher USA, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and Yves Rocher USA may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this Section is your physical address that you have provided to Yves Rocher USA. Yves Rocher USA's address for such notices is: Radixis Inc., info@yvesrocher.us.

Arbitration. If a Dispute is not resolved through Informal Negotiations, you and Yves Rocher USA agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, Yves Rocher USA will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Subsection (4) below. The arbitration will be conducted in the city of New York, borough of Manhattan.

Excluded Disputes. You and Yves Rocher USA agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for injunctive relief.

WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. To fullest extent permitted by applicable law, you and Yves Rocher USA agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.

Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.

Severability. You and Yves Rocher USA agree that if any portion of this Section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed, and the remainder of this Section will be given full force and effect.

24. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any choice or conflict of law provision or rule (either of the State of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of New York.

25. MISCELLANEOUS

If you breach any term of these Terms of Use or other agreement with Yves Rocher USA, Yves Rocher USA may pursue any legal or equitable remedy available, including but not limited to, direct, consequential, and punitive damages and injunctive relief. Radixis’s remedies are cumulative and not exclusive. Failure of Radixis to exercise any remedy or enforce any portion of the Terms of Use at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter.

26. Promotions, Coupons and Promotional Credits

(a) Eligibility and Qualifying Purchases

The Promotion applies only to qualifying purchases made on the Website during the promotional period as determined by the Company in its sole discretion. The promotional credit amount will be calculated as up to twenty percent (20%) of the net merchandise value of the qualifying order after all discounts, promotional reductions, and credits have been applied and excluding taxes, shipping, handling fees, gift cards, and any other non-merchandise charges.

Orders placed using subscription services, automatic replenishment programs, recurring purchase programs, or similar subscription-based transactions are not eligible for this Promotion.

(b) Issuance of Promotional Credit

Eligible customers will receive a promotional coupon or promotional credit in an amount calculated pursuant to subsection (a). Promotional credits will be issued after the qualifying order has been processed and payment has been successfully completed. The Company reserves the right to delay issuance for a reasonable period in order to verify eligibility, confirm payment settlement, process cancellations or returns, and review transactions for fraud or abuse.

(c) Expiration

Unless otherwise expressly stated in the applicable promotional materials, promotional credits issued under this Promotion will expire forty-five (45) days from the date of issuance. The Company may specify a shorter validity period for certain promotional credits; however, in no event will the validity period exceed forty-five (45) days from issuance. Any unused promotional credit will automatically expire at the end of the applicable validity period and will not be reinstated, replaced, refunded, or converted into cash or other compensation.

(d) Promotional Credit Characteristics

Promotional credits or coupons issued under this Promotion:

• are personal to the recipient and may be used only by the customer to whom the promotional credit was issued;

• may not be transferred, assigned, sold, shared, or otherwise distributed to any other person or account;

• may be redeemed only once and must be applied in a single transaction;

• any unused portion of a promotional credit or coupon will be automatically forfeited and will not remain available for future use;

• have no cash value and are not redeemable for cash;

• are not gift cards, stored value cards, or gift certificates;

• may be redeemed only on the Website in accordance with these Terms;

• may be subject to minimum purchase requirements, product exclusions, or other limitations communicated in connection with the Promotion.

Unless expressly stated otherwise by the Company, promotional credits issued under this Promotion may not be combined with other coupons, promotional codes, discounts, or offers that provide coupons, promotional credits, or similar incentives.

(e) Excluded Transactions

This Promotion does not apply to:

• subscription or automatic replenishment orders;

• purchases made using gift cards;

• purchases made in connection with promotions that already provide coupons, promotional credits, or similar incentives;

• bulk, wholesale, or reseller purchases as determined by the Company.

(f) Returns, Refunds, and Adjustments

If all or part of a qualifying purchase is returned, refunded, cancelled, or otherwise reversed, the Company reserves the right to reduce, cancel, or void any promotional credit associated with that order. If a promotional credit has already been issued or redeemed and the qualifying purchase is later reversed or adjusted, the Company may deduct the corresponding amount from the refund or charge the remaining balance to the customer’s original payment method to the extent permitted by applicable law.

(g) Fraud, Abuse, and Manipulation

The Promotion is intended for legitimate consumer purchases only. The Company reserves the right, in its sole discretion, to suspend, revoke, cancel, or refuse promotional credits or orders if it determines or reasonably suspects that:

• the Promotion is being used for commercial resale purposes;

• multiple accounts are created or used to obtain additional promotional credits;

• automated means, bots, scripts, or other technological methods are used to participate in the Promotion;

• transactions are structured to artificially inflate promotional credit amounts;

• returns or cancellations are used to improperly generate promotional credits; or

• any other activity occurs that violates these Terms or undermines the intended purpose of the Promotion.

The Company may also cancel associated orders, void promotional credits, and restrict or terminate accounts involved in such activity.

(h) Company Discretion

The Company reserves the right to determine eligibility for the Promotion, the applicable promotional credit percentage (up to 20%), the calculation of promotional credit amounts, and the validity of promotional credits in its sole and reasonable discretion. The Company’s records will be deemed conclusive in the event of any dispute relating to the Promotion.

(i) Modification or Termination

To the fullest extent permitted by law, the Company reserves the right to modify, suspend, or terminate the Promotion at any time without prior notice; provided that such modification will not affect promotional credits that were validly issued prior to such modification.

(j) Maximum Promotional Credit

Notwithstanding anything to the contrary in these Terms or in any promotional materials, the maximum promotional credit that may be issued to a customer under this Promotion shall not exceed one hundred U.S. dollars (US $100) per qualifying order. Any promotional credit amount that would otherwise exceed this limit will automatically be reduced to US $100.

For purposes of enforcing this limitation, the Company may consider multiple factors including, without limitation, customer accounts, payment methods, billing addresses, shipping addresses, households, devices, or other identifiers associated with the transaction. The Company reserves the right to adjust, reduce, or void promotional credits that exceed the maximum limit or that appear to circumvent this limitation.

(k) Customer Service Adjustments, Post-Purchase Offers, and Promotional Stacking

Promotional credits issued under this Promotion will not be generated from, calculated on, or increased by any manual price adjustments, goodwill credits, customer service accommodations, refunds, post-purchase offers, retroactive discounts, or other discretionary credits issued by the Company. The Company reserves the right to exclude all such amounts from the calculation of promotional credit values and to recalculate or adjust promotional credits accordingly to reflect the net amount ultimately paid by the customer.

(l) Technical Errors and System Malfunctions

The Company shall not be responsible for errors resulting from technical malfunctions, system failures, software bugs, network interruptions, or other technological issues that may affect the availability, calculation, issuance, or redemption of promotional credits. The Company reserves the right to correct any such errors and to cancel, modify, or void promotional credits that were issued or applied as a result of such technical issues.

(m) Promotion Calculation Errors

In the event of any error in the calculation, issuance, or display of promotional credit amounts, whether due to system error, human error, or otherwise, the Company reserves the right to correct the promotional credit amount and to adjust or cancel any affected promotional credits or orders to reflect the correct promotional value.

27. SUBSCRIPTIONS

You may purchase certain Site Offerings from select countries within the Territory using our “Auto-Replenishment” subscription option as made available by and through the Sites. In connection with an Auto-Replenishment subscription, you may select the quantity and frequency of the ordered products, subject to the options made available by Yves Rocher. Your selection of an Auto-Replenishment subscription, while it remains active, serves as your authorization for Yves Rocher to make recurring charges based on the quantity and price of the Site Offerings you select for Auto-Replenishment, plus tax and any applicable shipping charges, to your selected Payment Method for each shipment. Your selection of an Auto-Replenishment subscription serves as your authorization for Yves Rocher to create, with the information that you provide during enrollment and may have provided earlier, an Account on your behalf from where you can manage your subscription. A condition of enrollment in the Auto-Replenishment subscription program is keeping a valid credit card on file in your Account. The actual cost of each shipment may vary depending upon applicable taxes, your chosen product quantity, and your chosen frequency and method of delivery. These recurring fees will be charged upon shipment of the subject Site Offering order. You acknowledge and agree that Yves Rocher does not need to obtain any additional authorization from you for the recurring charges. On any date your Auto-Replenishment subscription is expected to next ship, Yves Rocher  is authorized to charge your Payment Method and to have the fees applied to the same. We reserve the right to cancel an “Auto-Replenishment” subscription at any time, Modify the offer, promotion and other features related to the subscription, in our sole discretion.

You can modify or cancel any Auto-Replenishment order up to 24-hours before that order ships. If you cancel or modify within 24-hours of shipment, that order will not be cancelled or modified. To (a) modify or cancel an order, (b) update your shipping address, billing information, Payment Method, etc. associated with your account, and/or (c) cancel the Auto-Replenishment subscription, please log into your account by clicking here or the “LOGIN” button at the upper right corner, and from within “MY ACCOUNT” select the “My Subscriptions” tab. You may also cancel your subscription by following the link at the bottom of each notification email we send to you prior to shipment of your next order. If you have any issues with your subscription or order, please contact our customer service at: info@yvesrocher.us

Please note, if you request our customer service to cancel a subscription on your behalf, please allow up to 72 hours for the cancellation to be completed. If you next order is due to ship at that time, we recommend contacting our customer service sooner.

* For subscription returns - We will gladly accept returns for any unopened  items within 60 days of your first subscription purchase through our website. If you're not completely satisfied with an item for any reason, you may return it to any Yves Rocher USA store for a full refund (Shipping fees excluded) or exchange. Alternatively, you may ship it back to us. First shipment return of a subscription is free using a prepaid shipping label.

For any return of products starting the second subscription shipment onwards, we will charge the customer a $7 fee for the return shipping label. For second and onwards subscription orders over $75, the return fee will be total $19.

For all return requests please contact our customer service at: info@yvesrocher.us

28. TRY BEFORE YOU BUY

When you purchase a try before you buy item, we preauthorize your payment method before fulfilling the order. When you order products through our Try Before You Buy program, you have 21 days to try them from the day you placed your order (You'll only be charged for shipping upfront, while the cost of the product will be preauthorized and charged later if you decide to keep it). You can incorporate the products into your routine and use them as much as you'd like. If you don’t return or exchange your Try Before You Buy order within 21 days, we’ll assume you love them and charge the original payment method for the full price of the items you decide to keep. After the 21-day trial period, a return or exchange will not be accepted.

A preauthorization is a standard fraud prevention method used by financial institutions to ensure secure transactions. It’s a temporary hold on the funds in your account, which won’t be transferred to us unless you decide to keep the product.

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If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.

These Terms of Use are not assignable, transferable or sublicensable by you except with Yves Rocher USA’s prior written consent. We may transfer, assign or delegate the Terms and its rights and obligations without consent.

Users of these Sites are responsible for compliance with all applicable regulations and laws.

No joint venture, partnership, employment or agency relationship exists between you and Yves Rocher USA as a result of these Terms of Use or use of the Sites.

You acknowledge and agree that each of the Released Parties shall be an intended third-party beneficiary of these Terms ofUse.