Terms & Conditions
Last Updated: February 2019
ESTATE products displayed on the Sites may be available in select retail stores in the U.S. All prices displayed on the Sites are quoted in U.S. Dollars and are valid and effective only in the U.S. If any minor uses any goods or product from ESTATE, it should be only after the legal or parental guardian has discussed the product with the minor's doctor. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by ESTATE. ESTATE Reserves the right to change or discontinue any products offered on the site at any time, with or without notice. Your continued use, browsing and accessing of the site will constitute your acceptance of these terms and conditions, policies and service offerings.
All material and information presented by ESTATE is intended to be used for personal educational or informational purposes only. The statements made about products have not been evaluated by the U.S. Food and Drug Administration and the results reported, if any, may not necessarily occur in all individuals. The statements and products are not intended to diagnose, treat, cure or prevent any condition or disease. All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions. Use of the Sites is not meant to serve as a substitute for professional medical advice: these Sites are solely online stores for specialty beauty products. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Sites before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. ESTATE does not give or intend to give any answers to medical related questions and these Sites do not replace any medical professional or medical resource. ESTATE does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Sites. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.
While ESTATE has tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.
For your convenience, when you place your first order, we will save your credit, debit card, or PayPal information. You will have the option to use it for all future shipments and charges. We accept the following payment methods at this time: American Express, VISA, MasterCard, and PayPal.
No Returns: We do not accept returns on any cosmetics because of the nature of the product. However, please email us with why you want to return the item and we will see what we can do!
ESTATE follows a no refund policy due to the nature of the product. We do not accept returns on any cosmetics. However, please email us with why you want to return the item and we will try to find a solution. We reserve the right to offer you store credit in the event of a damaged or defective product.
Responsibility for your Content
You are solely responsible for all content that you upload, post, email or otherwise transmit via or to the Sites, through our Interactive Services or otherwise, including the submission of product ratings and reviews and all other data, profile information, documents, text, software, applications, music, sound, photographs, graphics, video, messages, ratings, forum postings, comments, questions, answers or other materials (collectively, "Content"). We will not accept Content from you unless you are a registered user of the Sites.
Your Use of Content on the Sites and Limitation of Liability
ESTATE provides the Sites and the Interactive Services and all other applications and services on the Sites as a forum only. ESTATE is not liable for any statements, representations, or Content provided by its users in any public forum on the Sites or any Third Party Site, including without limitation through the Interactive Services. Any Content, if displayed, is displayed for entertainment and informational purposes only. More generally, Content posted via or on the Sites or any Third Party Site, including through the Interactive Services, is not controlled by ESTATE. ESTATE cannot guarantee the accuracy, integrity or quality of such Content. You understand that by using the Interactive Services, you may be exposed to Content that may be offensive, indecent or objectionable and ESTATE shall not be liable for any such Content and that the risk of harm or damage from the foregoing rests entirely with you. Under no circumstances will ESTATE be liable in any way for any Content, including, but not limited to, (i) any errors or omissions in any Content, or (ii) any loss or damage (including, without limitation, personal injury or property damage) of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via or to the Sites or through the Interactive Services.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use of any Content or enforce limitations on use of the Site or the Content therein. You may not interfere with or disrupt the Sites, or servers or networks connected to the Sites, or disobey any requirements, procedures, policies or regulations of networks connected to the Sites, including by using any device, software or routine to bypass robot exclusion headers. ESTATE reserves all rights not expressly granted in and to the Content. When using the Interactive Services, you may not disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges.
Your Content Submissions
By submitting Content to ESTATE, you represent and warrant that:
- you understand you are participating in a public forum and that your Content will be available to all other users of the Sites, the Interactive Services and potentially Third Party Sites;
- all "moral rights" that you may have in such Content have been voluntarily waived by you and you do not require that any personally identifying information be used in connection with the Content that you submit, or any derivative works of or upgrades or updates thereto;
- all Content that you post is accurate;
You also represent and warrant that any Content you submit:
- is not false, inaccurate or misleading;
- does not harm minors;
- does not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any person or entity;
- does not violate any obligations you may have with respect to such Content under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- does not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- is not, or would not reasonably be considered to be, unlawful, harmful, defamatory, libelous, vulgar, obscene, invasive of another's privacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual, partnership or corporation;
- is not submitted for compensation or other consideration from any third party;
- does not include any information that references other websites, addresses, email addresses, contact information or phone numbers;
- is not unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; and
- does not contain any computer viruses, worms or other potentially damaging computer programs or files.
ESTATE does not endorse any Content or any opinion, recommendation or advice expressed therein, and ESTATE disclaims all liability with respect to the Content.
If your Content includes ideas, suggestions, documents or proposals to ESTATE through the Interactive Services, (a) such Content is not confidential or proprietary and ESTATE has no obligation of confidentiality, express or implied, with respect thereto; (b) ESTATE may have something similar to that Content already under consideration or development; and (c) you are not entitled to compensation, payment or reimbursement of any kind for such Content from ESTATE under any circumstances unless you are otherwise notified by ESTATE in writing.
Guidelines for Interactive Services
We want to know what you think of the products you've tried, bought, know and love and we encourage you to use our Interactive Services. When writing a review or posting a comment on one of our social pages, please consider the following guidelines:
- Focus on the product and your individual experience using it;
- Provide details about why you like or dislike a product; and
You may not use our Interactive Services to impersonate any person or entity, including, without limitation, any ESTATE official, forum leader, guide or host, or to falsely state or otherwise misrepresent your affiliation with a person or entity. You may not use the Interactive Services to collect or store personal data about other users.
Third Party Content and Third Party Sites
ESTATE may provide content of third parties ("Third Party Content") or links to Third Party Sites as a service to those interested in this information. ESTATE does not monitor, approve or have any control over any Third Party Content or the Third Party Sites and the inclusion of links to Third Party Content or Third Party Sites does not imply any association or relationship between ESTATE and such third party. ESTATE does not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content or any Third Party Site. ESTATE is not responsible for updating or reviewing Third Party Content or Third Party Sites. You use Third Party Content and Third Party Sites at your own risk. Third Party Content, including comments from third party users submitted to ESTATE through the Interactive Services, do not necessarily reflect the views of ESTATE.
If you access the Sites via your mobile device (through an iPhone application, for example), we do not currently charge for this access. Please be aware that your carrier's normal rates and fees, such as text messaging fees or data charges, will still apply.
Modification of Content
Reservation of Rights
By continuing your membership, you accept and agree to the terms of this Membership Agreement and any changes made by us to it once we notify you of these changes. If you do not wish to be bound by this Agreement, please see above for how to cancel your membership. Your edits or changes to either the online or offline versions of this Agreement or a membership offer will not be effective, regardless of form.
ESTATE IS PROVIDING THE SITES, THEIR CONTENTS AND THE INTERACTIVE SERVICES ON AN "AS-IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SITES OR INTERACTIVE SERVICES, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THE SITES OR AS PART OF THE INTERACTIVE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, ESTATE DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, ESTATE DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITES OR THE INTERACTIVE SERVICES IS ACCURATE, COMPLETE OR CURRENT. Price and availability information is subject to change without notice.
ESTATE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITES OR THE INTERACTIVE SERVICES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.
CERTAIN STATE LAWS, INCLUDING NEW JERSEY, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
This provision may be void, unenforceable or inapplicable in certain states, and you may have additional rights under your state law.
2705 Rue Sabourin
QC H4S 1M9
Digital Millennium Copyright Act (DMCA)
If you believe your work or content has been copied and posted to the Sites in a way that constitutes copyright infringement, please provide ESTATE's designated copyright agent the following written information in accordance with the Digital Millennium Copyright Act (the "DMCA"):
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;>
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the Sites;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- Your name, address, telephone number and email address (if available); and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
Fraud Protection Program
As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our Customer Service department may call you at the phone number or email address 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 take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
The arbitration will be administered by a Quebec court., (or if it fails or declines to serve, another similar service or organization agreed to by ESTATE and you, or appointed by the court if the parties cannot agree), in accordance with its rules of practice and procedure. The arbitrator will be bound to follow applicable federal and state laws and regulations in deciding all issues and in rendering any award. The parties will be entitled to invoke the rules of discovery applicable to Quebec court proceedings. The arbitration proceedings will be conclusive and not appealable, and any party to any award rendered in any arbitration proceeding will be entitled to have judgment entered on that award. Arbitration will take place in Montreal, Canada, and will be held in English. Each of us will pay our own attorneys’ fees and expenses and one-half of the arbitrator’s fees and expenses.
This Mandatory Arbitration section does not apply to disputes about the enforcement or validity of ESTATE’s or your intellectual property rights, or the intellectual property rights of our respective licensors.
You may reject any change we make to this Mandatory Arbitration section by sending us notice within 30 days of the change by mail to ESTATE’s address in the Applicable Law section. If you do, the most recent version of this Mandatory Arbitration section before the change you rejected will apply.
Class Actions Waiver.
ESTATE AND YOU AGREE THAT ANY PROCEEDINGS TO RESOLVE ANY DISPUTE, INCLUDING ARBITRATION AND LITIGATION IN COURT, WILL BE CONDUCTED INDIVIDUALLY ONLY. Neither of us will seek to have any dispute heard as a class action, a class-wide arbitration, a private attorney-general action, or any other proceeding in which either of us acts or proposes to act as a representative for others. ESTATE and you also agree that no arbitration or other proceeding will be combined with another arbitration or proceeding without the written consent of ESTATE, you, and every other party to that arbitration or proceeding.
TIME LIMIT TO BRING CLAIMS
TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND ESTATE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITES AND THE INTERACTIVE SERVICES MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.