Terms and conditions
Welcome to the website of IMaker Sàrl (the "Company"), the official internet-reseller of the cosmetic products Cellcosmet and Cellmen. The following terms and conditions, together with any documents they expressly incorporate by reference, as amended and in effect at the time, (collectively, these “Terms and Conditions“), govern your access to and use of www.us.cellcosmet-cellmen.com (this "Site"), including any content, functionality and services offered on or through this Site. As used in these Terms and Conditions, “we,“ “us“ or “our“ means this Site, and “you,“ means you, the user of this Site.
Please read the Terms and Conditions carefully before you start to use this Site. By accessing or using this Site, you accept and acknowledge that you have read, understand, and agree, without limitation or qualification, to be bound and abide by these Terms and Conditions, as amended and in effect at the time. If you do not want to agree to these Terms and Conditions, you must not access or use this Site.
2. Purchase Related Policies
The products and services available on this Site, and any samples thereof we may provide to you, are for personal use only. You may not sell or re-sell any of the products or services, or samples thereof, which you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any orders that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.
3. Accuracy of Information
The information presented on or through this Site is made available solely for general information purposes. We attempt to be as accurate as possible when describing our products on this Site; however, to the extent that applicable law permits, we do not guarantee or warrant that the product descriptions, colors, or other content available on this Site are accurate, complete, reliable, current or error-free. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to this Site, or by anyone who may be informed of any of its contents.
4. Intellectual Property
All content available on this Site, including, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations, software and the compilation thereof is our property or the property of Cellap Laboratoire SA (“Cellap“), the manufacturer of cosmetic products Cellcosmet and Cellmen, our affiliates, our partners or our licensors, and is protected by United States and international copyright laws.
The trademarks, logos, product and service marks, designs and slogans displayed on this Site are the registered and unregistered trademarks of the Company or Cellap, in Switzerland and other applicable countries, and are protected by United States, Swiss and international trademark and copyright laws. All other trademarks not owned by us, our affiliates, our partners or our licensees that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
This Site may contain other proprietary notices and copyright information, the terms of which must be observed. You may not use any information or other material on this Site, including content and graphic images, in any manner that infringes any copyright, trademark or other proprietary right of any person. You may not reproduce, copy, sell modify, display or make derivative works on translations of any information or other content made available on this Site. You have no right to distribute any information or other content made available on this Site. Any use of the information and other content of this Site not expressly permitted by these Terms and Conditions may violate copyright, trademark and other laws.
5. Limited License
We grant you a limited, revocable and non-exclusive license to access and make personal use of this Site. Please note that you may not frame or utilize framing techniques to enclose this Site or any portion thereof without our prior written consent.
6. Third Party Links
This Site may include links to websites maintained by third party providers of products or services. We are not in control of these third party websites or providers and are not responsible for the content, performance or any failure of performance by the third party provider. Links to third party providers appearing on this Site are for convenience only and are not an endorsement, authorization, sponsorship or affiliation by us, our affiliates or our partners of the referenced content, product, service or supplier. Any linking you do, to or from any third party provider websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not guarantee the offerings of any third party’s website or any other websites linked to or from this Site, nor do we assume any responsibility or liability for the actions, content, products or services of such pages and websites, including, without limitation, their privacy statements and terms and conditions. The linked website may contain terms and conditions and privacy policies relating to your use of the linked website and the products and services available from the linked website, which you should carefully review.
7. Disclaimer of Warranties; Limitation of Liability
YOU AGREE THAT WE WILL NOT BE RESPONSIBLE OR LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THIS SITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) loss or damages of any sort incurred as a result of dealings with or the presence of third party links on this Site; (e) computer viruses, system failure or malfunction which may occur in connection with your use of this Site, including during hyperlink to or from third party websites; OR (f) EVENTS BEYOND OUR REASONABLE CONTROL.
YOUR USE OF THIS SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THIS SITE IS AT YOUR OWN RISK. THIS SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THIS SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THIS SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THIS SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THIS SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THIS SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
8. Prohibited Uses
You may use this Site only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use this Site:
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of this Site, or which, as determined by us, may harm the Company or users of this Site or expose them to liability.
Additionally, you agree not to:
- Use this Site in any manner that could disable, overburden, damage, or impair this Site or interfere with any other party's use of this Site, including their ability to engage in real time activities through this Site.
- Use any robot, spider or other automatic device, process or means to access this Site for any purpose, including monitoring or copying any of the material on this Site.
- Use any manual process to monitor or copy any of the material on this Site or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of this Site.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of this Site, the server on which this Site is stored, or any server, computer or database connected to this Site.
- Attack this Site via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of this Site.
9. Linking to the Site and Social Media Features
You may link to our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
This Site may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on this Site.
- Send e-mails or other communications with certain content, or links to certain content, on this Site.
- Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Site or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
- Link to any part of the Site other than the homepage.
- Otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms and Conditions.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Prohibited Uses set out above in these Terms and Conditions.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
10. Your Account
As a registered user of this Site, you may establish an account, by providing us with certain information such as your email address, name, birth date, place of birth, address, telephone and facsimile number, and you will choose a password to be used in conjunction with your email address to access features and services on this Site. In order to use this Site, you must enter your email address and password to access your account. Once you have authenticated your account, you will have access. As part of creating your account, you may also be requested to provide questions and/or secret answers which we use to help verify your identity and assist in resetting your password.
You should not reveal your account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your account and for all activities that occur on or through your account, and you agree to immediately notify this Site of any security breach of your account. This Site shall not be responsible for any losses arising out of the unauthorized use of your account. You are responsible for all use of this Site using your email address, user name and password. You may not access or use any other user’s account at any time without the permission of this Site. Do not attempt to access the password protected area if you do not have an authorized user name and password from us. This Site may revoke your password and access to this Site for any reason at its sole discretion, without notice to you.
You agree to provide accurate and complete information when you register with, and as you use, this Site. You agree to update your registration data to keep it accurate and complete. You agree that this Site may store and use the data you provide for use in maintaining and billing fees to your account.
This Site has the right, but not the obligation, to monitor any materials submitted by you and to investigate any reported or apparent violation of these Terms and Conditions, and to take any action that this Site in its sole discretion deems appropriate, including, without limitation, termination hereunder.
11. Arbitration and Applicable Law
Any dispute arising out of or in connection with this Site and these Terms and Conditions shall be instituted and finally settled in accordance with the rules of arbitration of the Swiss Inter-cantonal Arbitration Convention, by one Arbitrator designated in accordance with said rules. The laws of Switzerland shall govern the arbitration proceedings, without giving effect to any choice or conflict of law provision or rule (whether of Switzerland or any other jurisdiction). The arbitration under this provision shall be conducted in the City of Lausanne, Switzerland. The arbitration shall be conducted in the French language.
12. Entire Agreement
13. Geographic Restrictions
The Company is based in Switzerland. We provide this Site for use only by persons located in the United States. We make no claims that this Site or any of its content is accessible or appropriate outside of the United States. Access to this Site may not be legal by certain persons or in certain countries. If you access this Site from outside the United States, you do so at your own initiative and are responsible for compliance with local laws.
14. Changes to the Terms and Conditions
We reserve the right, at our sole discretion, to change these Terms and Conditions at any time by posting the changes on this Site. Any changes are effective immediately upon posting to this Site. Your continued use of this Site following the posting of revised Terms and Conditions means that you accept and agree to the changes. You are expected to check this page each time you access this Site so you are aware of any changes, as they are binding on you.
15. Changes to the Site
We may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on this Site may be out of date at any given time, and we are under no obligation to update such material.
We may in our sole and absolute discretion, with or without prior notice, and with or without cause, (i) terminate any of the rights granted by these Terms and Conditions and/or your account, without refund; (ii) refuse any and all current or future use of this Site (or any portion thereof) if you provide any untrue, inaccurate, not current or incomplete information, or if this Site reasonably suspects that you have provided untrue, inaccurate, not current or incomplete information; and/or (iii) preclude your access to this Site (or any part thereof). You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of this Site.
We will not be liable if for any reason all or any part of this Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of this Site, or the entire Site, to users.
You agree to indemnify and hold this harmless this Site, its subsidiaries, and affiliates, and their respective managers, members, shareholders, officers, directors, employees, agents, servants, and contractors (each an “Indemnified Person“) from and against any and all liability, loss, injury, damage, cost, or expense including, but not limited to, reasonable attorneys’ fees and costs, which an Indemnified Person may incur, directly or indirectly, as a result of or arising from any claim or demand made by you or a third party, that arises out of, is connected with, or is in any manner related to your use of this Site or any service provided by this Site, your conduct in relation to this Site, or any service provided by this Site, your violation of these Terms and Conditions, your violation of the rights of any other person, or your violation of law. Your liability for indemnification survives any termination of your account or registration.
18. Headings; Severability; Waiver
Paragraph, section and other headings used in these Terms and Conditions are used for convenience only, and are not to be construed as limiting these Terms and Conditions or any of its several paragraphs, sections or other parts to the provisions described by those headings.
Each paragraph, sentence, and part thereof of these Terms and Conditions is severable from each other paragraph, section, provision, sentence, or part thereof of these Terms and Conditions, and the invalidity or unenforceability of any such paragraph, section, provision, sentence, or part thereof, shall not affect the validity or enforceability of the balance of these Terms and Conditions.
No waiver by the Company of any term or condition set forth in these Terms and Conditions 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 of the Company to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
19. Requirements for Use
20. Use of the Internet
Your use of this Site, and any service provided by this Site, is at your own risk. You understand that transmission of data or information (including communications by email over the internet or other publicly accessible networks) is not secure, and is subject to possible loss, interception or alteration while in transit. This Site does not assume any liability or obligation for any disclosure or interception of information or loss, damage, or injury that you may incur as a result of any transmissions over the internet or other publicly accessible networks in connection with your use of this Site, or any service provided by this Site.
22. Contact Information
If you have any questions regarding these Terms and Conditions, please contact us at: