Terms and Conditions

Welcome to the Shiseido Cosmetics America Website (www.shiseido.com) (the “Website”).

Shiseido Cosmetics provides the content and services available on the Website to you subject to the following terms and conditions ("Terms and Conditions"). By accessing or using the Website, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions, which include our Privacy Policy.

1. Privacy

Please review our Privacy Policy,* which also governs your visit to the Website, so that you may understand our privacy practices.

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.

Shiseido Cosmetics
ATTN: Shiseido.com
900 Third Avenue
New York, NY 10022

5. Your Obligations and Responsibilities

In the access or use of the Website, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Website. You shall act always in accordance with the law, custom and in good faith. It is strictly prohibited to use or contact this Website to disrupt or damage the Website, its contents or its security measures or to harass or disparage Shiseido Cosmetics or its products or services or personnel. No unsolicited email (spam) may be directed to or through this Website. Users may not use this Website in order to transmit, distribute, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, patent, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity or other personal rights of others, or (c) that is libelous, obscene, threatening, abusive or hateful. IF YOU DEFAULT NEGLIGENTLY OR WILLFULLY IN ANY OF THE OBLIGATIONS SET FORTH IN THESE TERMS AND CONDITIONS (INCLUDING OUR PRIVACY POLICY), YOU SHALL BE LIABLE FOR ALL THE LOSSES AND DAMAGES THAT THIS MAY CAUSE TO SHISEIDO COSMETICS, OUR PARENT COMPANY SHISEIDO CO. LTD., OUR AFFILIATES, PARTNERS OR LICENSORS.

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.

8. Submissions

Any unsolicited suggestions, ideas, inquiries, materials, feedback, or other information you provide us, other than personally identifiable information as discussed in the Privacy Policy, will be treated as non-proprietary and non-confidential and, by submitting such information, you hereby grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute and display such information in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that your submission of information may not be returned and we may use your submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.

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.

12. Disputes

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

Notices to you may be made via e-mail, or in cases of changes to these Terms and Conditions or to the services offered by the Site, by posting notices or links to such notices on the Site itself. You consent to receiving said Website related notices electronically. Our Privacy Policy* addresses any options/elections you may make with respect to receipt of marketing and promotional communications.

14. General

By using this Website, you acknowledge and agree that these Terms and Conditions, which include our Privacy Policy * constitute the complete and exclusive agreement between us concerning your use of the Website, and supersede and govern all prior proposals, agreements, or other communications.

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.