Terms and Conditions
Welcome to the Shiseido Cosmetics America Website (www.shiseido.com) (the “Website”).
2. Purchase Related Policies
The products and services available on the Website, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples that 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. Shiseido Cosmetics reserves the right to cancel any online order for any reason.
3. Accuracy of Information
We attempt to be as accurate as possible when describing our products on the Website; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors or other content available on the Website are accurate, complete, reliable, current, or error-free.
4. Intellectual Property
All content available on the Website, including but not limited to text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and arrangement thereof (collectively, the "Content") is the property of Shiseido Cosmetics, our parent company Shiseido Co. Ltd., affiliates, partners or licensors, and is protected by United States and international copyright laws.
The trademarks, logos, and service marks displayed on the Website (collectively, the "Trademarks") are the registered and unregistered marks of Shiseido Cosmetics, our parent company Shiseido Co., Ltd., our affiliates, partners or licensors, in the United States and other countries, and are protected by United States and international trademark laws.
Except as required under applicable law, neither the Content or Trademarks nor any portion of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent. Requests for permission should be directed in writing to our New York office at the address specified below.
900 Third Avenue
New York, NY 10022
5. Your Obligations and Responsibilities
6. Your Account
You may choose to register for an account on the Website. If you do, you will have an email address/username and password for your account. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account, username and/or password. You agree to provide only accurate, truthful information. We reserve the right to refuse service and/or terminate accounts without prior notice if you violate these Terms and Conditions or if we decide, in our sole discretion, that it would be in Shiseido Cosmetics' best interests to do so.
7. Third Party Links
Shiseido Cosmetics has no responsibility and assumes no liability for the unaffiliated sites to which it is linked.
9. Representations and Warranties; Limitation of Liability; Indemnification
THE WEBSITE IS PRESENTED "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE WEBSITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
WE ARE NOT RESPONSIBLE FOR TIMELINESS, ACCURACY, UNAVAILABILITY OR INTERRUPTIONS IN AVAILABILITY, VIRUSES OR OTHER DEFECTS IN THE WEBSITE OR ITS CONTENTS. IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).
You agree to defend, indemnify and hold SHISEIDO COSMETICS, our affiliates, officers, employees, agents and licensors harmless for any loss, damages, claims, fines, penalties or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your (or anyone acting under your password and user name) use of the webSite, any User Content made available on the webSite or breach of these Terms and Conditions. You also agree to indemnify SHISEIDO COSMETICS for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
10. Fraud Protection
We reserve the right to refuse to process and order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order of our customer service department may call you at the phone number you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We reserve the right to cancel any order using any promotion or promotional code, at our sole discretion. If any order cancellation occurs you will be credited in full for the cancelled order(s). We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
IN THE EVENT OF ANY PERCEIVED ABUSE(S) OF SHISEIDO COSMETICS’ SATISFACTION GUARANTEE, TO BE DETERMINED AT THE SOLE DISCRETION OF SHISEIDO COSMETICS, A RETURN OR MULTIPLE RETURNS MAY NOT BE HONORED.
With respect to any dispute regarding the Website, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of New York, as if the Terms and Conditions were a contract wholly entered into and wholly performed within New York.
13. Consent to Receive Notices Electronically by Posting on the Site and Via Email
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Website. Any changes are effective immediately upon posting to the Website. Your continued use of the Website constitutes your agreement to all such terms and conditions.
15. The California Transparency in Supply Chains Act of 2010 Disclosure
The California Transparency in Supply Chains Act requires that beginning January 1, 2012, retail sellers and manufacturers with annual worldwide gross receipts over $100 million doing business in the state disclose their efforts to eradicate human slavery and trafficking from their direct supply chains for tangible goods offered for sale. The Act requires that the information be posted on the company's website, with a conspicuous link on the company's homepage.
The company must disclose its specific actions in relation to five key points, as described in the Act:
Training: Do you train your employees directly responsible for supply chain management on mitigating the risk of slavery and human trafficking in your supply chain?
We do conduct such training. Employees directly responsible for procurement and supply chain management are trained on such issues as forced labor and child labor.
Certification: Do you require your direct suppliers to certify that the materials incorporated into your product comply with the local laws on slavery and human trafficking?
We do require that our suppliers certify that they comply with those laws of the country in which they operate relating to child labor and forced labor / slavery. We have an ongoing program requiring written agreement from all our direct suppliers to comply with applicable laws and regulations regarding forced labor and child labor.
Verification: Do you engage in third-party verification; have you identified the risk of slavery and human trafficking in your supply chain?
We do not yet engage in 3rd party verification.
Auditing: Do you engage in independent, unannounced auditing to check on adherence to your company standards on slavery and human trafficking?
We do not at this time engage in such independent, unannounced auditing. However, we intend to review our practices in this regard and explore the use of third-party auditors at least with respect to any suppliers operating in high risk territories.
Internal accountability: Are you holding your employees and contractors accountable to your company standards on slavery and human trafficking?
We do have internal standards embodied in our corporate code of conduct and violations of such code can lead to disciplinary action.
16. Posting Policy
By displaying, publishing, or otherwise posting any User Content on or through this web site, you hereby grant shiseido.com a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed, such as for use on mobile phones, in video or music software computer programs. You continue to retain all ownership rights in your User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms and the license described herein. You represent and warrant that you own the content submitted, displayed, published or posted by you on the Shiseido.com and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.
By posting on the Shiseido.com, you acknowledge that other users may share your posts and images through various social media platforms.
You agree to indemnify and hold Shiseido, its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys' fees and costs, related to your violation of these Terms, including the Posting Policy, or any violations thereof by your dependents or which arises from the use of User Content you submitted, posted, or otherwise provided to shiseido.com.
You acknowledge and agree that shiseido.com will not have any obligation to review, monitor, display, accept or exploit any User Content and Shiseido.com may, in its sole discretion, delete, move, re-format, edit, alter, distort, remove or refuse to exploit User Content without notice or liability. You will not receive any additional consideration or compensation for your User Content or for our exploitation of your User Content. Except as prohibited by law, you waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.
17. Refer A Friend Program
18. Shiseido Survey Participant Giveaway
Official Rules ALL SURVEY PARTICIPANTS WILL BE AUTOMATICALLY ENTERED INTO A DRAWING FOR A CHANCE TO WIN ONE (1) Ultimate Sun Protection Lotion WetForce SPF 50+. NO PURCHASE IS NECESSARY TO ENTER OR WIN. MAKING A PURCHASE DOES NOT INCREASE YOUR CHANCE OF WINNING. SURVEY PARTICIPANTS UNDERSTAND THAT THEY ARE PROVIDING THEIR INFORMATION TO Shiseido. THE INFORMATION PROVIDED WILL BE USED AS SET FORTH IN THESE OFFICIAL RULES. 1. ELIGIBILITY. The Shiseido Ultimune Power Infusing Concentrate Survey Participant Giveaway (“Giveaway”) is open to all survey participants who are legal residents of the 50 United States and the District of Columbia who are 18 years of age or older at the time of entry, except for the following individuals: (a) employees, officers, directors, agents and representatives of Shiseido Americas Corporation ("Sponsor") and its respective parents, affiliates, subsidiaries, retailers, distributors, suppliers, advertising, and giveaway agencies ("Excluded Individuals"); (b) the immediate family members (mother, father, sister, brother, child, husband, wife, and their respective spouses, regardless of where they reside) of Excluded Individuals; or (c) persons living in their same household as Excluded Individuals—whether or not they are related. Void where prohibited by law; all applicable federal, state, and local laws apply. If a winner is at least 18, but still considered a minor in his or her jurisdiction of residence, Sponsor reserves the right to award the Prize (as defined below) to the winner's parent or legal guardian who will be responsible for fulfilling all requirements set forth herein. 2. SURVEY PERIOD. The Survey will be offered from April 16, 2018 through April 23, 2018 (hereafter "Survey Period"). All Survey participants will be automatically entered into a random drawing to take place on April 30, 2018, at 12:00 p.m. EST (hereafter “Drawing Date”) where one (1) winner will be drawn to win the noted prize. 3. HOW TO ENTER. NO PURCHASE IS NECESSARY TO ENTER: Participants who have opted to receive email communications on the shiseido.com site will receive an invitation to participate in theShiseido sponsored survey. All participants will be automatically entered into the drawing after participating in the survey, providing their email address, and clicking the “Submit” option. All entrants must complete the survey and provide the requested email address during the Survey Period. No mail in, hardcopies, photocopies or mechanically reproduced entries will be accepted. Sponsor assumes no liability for lost, late, incomplete, failed or misdirected entries. Limit one (1) entry per person. 4. Grand Prize: Sponsor will conduct a random drawing at the end of the Survey Period to select a total of one (1) Grand Prize winner. Grand Prize (1): One (1) Ultimate Sun Protection Lotion WetForce SPF 50+. Approximate total retail value: $40.00. Any cost or expense associated with the acceptance or use of the Prize not specified herein as being awarded, including, but not limited to, federal, state, or local taxes, is the sole responsibility of the winner. All Prize details are at the sole discretion of Sponsor. No transfer, assignment, cash redemption or substitution of Prize is permitted, except by Sponsor who reserves the right to substitute the Prize with one of comparable or greater value if the advertised prize becomes unavailable. Prize will be shipped within 1 to 3 weeks of the Drawing Date. Limit one (1) Grand Prize. The Grand Prize is offered for promotional purposes only -- not for resale. 5. ESTIMATED ODDS OF WINNING. The odds of winning the Grand Prize depends upon the total number of eligible entries received for the drawing. 6. HOW THE WINNER IS SELECTED. The Grand Prize Winner will be determined in a random drawing on April 30, 2018 from among all eligible entries. The potential winner will be notified using the email address provided at time of taking the survey. The potential winner must respond to the initial winner notification within 72 hours after delivery of the notification. The potential winner subsequently may be required to sign and return an affidavit of eligibility and liability release (and, where permitted, a publicity release) within an additional 72 hour period. Non-compliance with these Official Rules, the inability to contact the potential winner within 72 hours of attempted notification, or return of Prize notification as non-deliverable, may result in disqualification of the winner and—at the discretion of Sponsor—awarding of the Prize to an alternate winner. Sponsor reserves the right (but is not obligated) to verify eligibility qualifications of the potential winners. 7. HOW SPONSOR USES ENTRIES. By entering, entrants agree: (1) that Sponsor will contact the winner by email; (2) that Sponsor may contact entrants in the future regarding Sponsor's promotions or offers; (3) that entrants waive all rights to claim from the Sponsor any punitive, incidental, or consequential damages, attorneys' fees, or any damages; (4) to be bound by these Official Rules and the decisions of Sponsor, which are final and binding on all matters relating to the Giveaway; and (5) to waive any right to claim any ambiguity or error in these Official Rules or the Giveaway itself. 8. DISCLAIMER. Sponsor is not responsible for late, lost, stolen, damaged, illegible, incomplete, misdirected, delayed, garbled, inaccurate, postage due or undelivered mail, email or for telephonic, human, or computer failures, interruptions in service due to system upgrades, repairs, modifications, or other causes, failures or malfunctions of connections, satellite, network, cable, Internet Service Provider (ISP), phones, phone lines or telephone systems, traffic congestion on the internet, technical or mechanical malfunctions, or other malfunctions or errors, whether caused by equipment, programming, human error or otherwise relating to or in connection with the Giveaway, including, without limitation, errors which may occur in connection with the administration of the Giveaway, the processing of entries or electronic mail or the announcement, delivery or use of the prizes, or for any injury or damage to participant's or any other person's computer relating to or resulting from participation in this Giveaway, or for printing, typographical, computer, network, electronic, mechanical, human or other errors appearing in these Official Rules or other Giveaway-related materials. Any attempt to deliberately damage any website or undermine the legitimate operation of this Giveaway is a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek damages (including attorneys' fees) and other remedies from any such person responsible for the attempt to the fullest extent permitted by law. Sponsor reserves the right, in its sole discretion, to disqualify any entrants whom Sponsor believes have attempted to tamper with or impair the administration, security, fairness or proper play of this Giveaway or is in violation of these Official Rules and void all associated entries. 9. RIGHT TO CANCEL GIVEAWAY. If for any reason this Giveaway is not capable of being run or implemented as planned (as determined by Sponsor in its sole discretion), including, but not limited to, tampering, unauthorized intervention, fraud, computer viruses or bugs, or any other cause of any kind, which, in Sponsor's sole judgment, is likely to or actually corrupts, impairs or affects the administration, security, fairness, integrity, or proper conduct of the Giveaway (including, but not limited to, tampering, unauthorized intervention, fraud, or any other cause of any kind), then Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend all or any part of the Giveaway or to disqualify any implicated entrant and any associated entries. In the event of cancellation or termination, Sponsor reserves the right, at its sole discretion, to pick the winner in a random drawing from among all eligible, non-suspect entries received up to the time of the event or action warranting such cancellation or termination. In the event this Giveaway is cancelled prior to the stated end date, a notice will be posted at the applicable Sponsor Facebook page. 10. UNFORSEEN CIRCUMSTANCES. The failure of Sponsor to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, action of governmental authorities, or any force majeure event or event outside the control of Sponsor will not be considered a breach of these Official Rules. 11. SPONSOR: Shiseido Americas Corporation, 900 Third Avenue, 15th Floor, New York, NY 10022. 12. WINNER LIST: For a notice of the Grand Prize Winner, send an email with a written request specifying the Giveaway you would like to receive a winners list for by May 7, 2018 to: firstname.lastname@example.org