Terms of service

Updated: 16/03/2024

 

ATELIER MIGNON ("we," "us," or "our") provides the content and services available to you on the website www.thepinkartistparis.com (the "Site"), subject to these Terms of Use (the "Terms of Use"), our Privacy Policy, our General Sales Conditions, and other terms and policies on our Site related to certain features, functions, or promotions as well as our customer service, all of which are deemed to be part of and integrated into these Terms of Use (collectively the "Terms").

You must be at least 18 years old to make a purchase on our Site. If you are between 16 years old and the age of majority in your jurisdiction of residence, you may only purchase products with the consent and under the supervision of one of your parents or your legal guardian. By accessing or using the Site, you acknowledge that you have read, understood, and agree, without restriction or reservation, to be bound by these Terms. IF YOU DO NOT ACCEPT THE TERMS OF USE, YOU MAY NOT USE OUR SITE.

  1. Personal Data Protection Please refer to our Privacy Policy, which governs your use and access to this Site, to understand our practices regarding personal data protection.

  2. Products and Services for Personal Use Only The products and services available on the Site, and any samples we may send you, are for personal use only. You may not sell or resell any of the products, services, or samples you have purchased or received from us. We reserve the right, with or without notice, to cancel or reduce the quantity of an order to be fulfilled or products or services requested if we believe, in our sole discretion, that it may violate our Terms of Use.

  3. Purchasing Procedures and Policies To view the policies and procedures for orders placed on this Site (such as processing, shipping, delivery, returns, and exchanges), please refer to our General Sales Conditions.

  4. Accuracy of Information We strive to be as accurate as possible when describing our products on the Site. However, to the extent permitted by applicable law, we do not warrant that the descriptions, colors, information, or other content related to a product and available on the Site are accurate, complete, reliable, current, or error-free.

This Site may contain typographical errors or inaccuracies and may be incomplete or not up-to-date. Therefore, we reserve the right to correct any errors, inaccuracies, or omissions (including after an order has been submitted), and to change or update information at any time without prior notice.

  1. Intellectual Property All information and content available on the Site and its presentation, including, but not limited to, trademarks, logos, service marks, features, text, graphics, photographs, button icons, images, audio clips, data compilations, and software, as well as the compilation and organization of these elements (collectively the "Content"), are the property of ATELIER MIGNON or the property of our parent companies, subsidiaries, affiliates, partners, or licensors, and are protected by local laws as well as the laws of the European Union and the United States, including laws governing copyright and trademarks. Our trademarks and trade dress may not be used for any purpose without our express written consent.
The trademarks, logos, service marks, trade dress, and any other signs, names, or symbols that may be used for commercial or industrial purposes and appearing on the Site (hereinafter, the "Marks") are registered or unregistered trademarks of ATELIER MIGNON, our related companies, our licensors, or our business partners, in the United States of America or other countries, and are protected by copyright and industrial property laws.
Except as expressly permitted by the license restrictions set forth in Section 6 below or as permitted by applicable law, the Content and various parts of the Site may not be used, reproduced, duplicated, copied, sold, resold, managed, modified, or otherwise exploited, in whole or in part, for any purpose without our express prior written consent.
  1. License and Use Restrictions We grant you a limited, revocable, non-transferable, and non-exclusive license to access and use the Site personally. You understand and agree not to perform or attempt to perform, or request a third party to perform or attempt to perform, any of the following actions in connection with your use of the Site:
modify, capture, or download the Site or its Content (except for caching or what is necessary to view the content) use meta tags, hidden text, robots, crawlers, spiders, or other tools, manual or automatic, to collect, index, retrieve, exploit, republish, redistribute, transmit, sell, license, or download the Site, the Content (except for caching or data necessary to display the Site), or other people's personal data without our prior written authorization use the Site or its Content for any purpose other than personal use modify, reverse engineer, or create derivative works based on the Site or any of its Contents impersonate any person or entity, or falsely or otherwise misrepresent your affiliation with any person or entity "stalk" or otherwise harass, including encouraging harassment of another person, trap or harm any third party, including minors, in any way intentionally violate any local, state, national, or international law transmit, upload, post, email, share, distribute, reproduce, or otherwise make available any viruses, malware, program, code, file, or other material intended to interrupt, disrupt, alter, destroy, or limit any part of the Site include or perform unauthorized advertising, solicitations, or promotional materials, including chain letters, mass emails, or any form of "spam" We also grant you a limited, revocable, non-transferable, and non-exclusive license to create a hyperlink to the Site's homepage for personal and non-commercial purposes only. Any website redirecting to the Site:
must redirect, but may not reproduce any part of our Content must not imply that we endorse that website or its services or products must not misrepresent the nature of the relationship it has with us must not contain content that could be considered objectionable, obscene, insulting, controversial, or illegal, or inappropriate for certain ages (determined at our sole discretion) must not present us, or our products or services, inaccurately, deceptively, disparagingly, offensive, shocking, controversial, or objectionable in any way, or associate us with undesirable products, services, or opinions may not use any Marks without our express written consent must not redirect to any page on the Site other than the homepage. We may, in our sole discretion, request that you remove a link to the Site, and upon receiving such request, you must immediately remove such link and cease any redirection, unless the resumption of redirection has been separately and expressly authorized by our services in writing
Any unauthorized use of the Site or any part thereof automatically terminates the licenses set forth in this Section 6 without prejudice to any other remedy provided by applicable law or these Terms.

  1. Your Obligations and Responsibilities By accessing or using the Site or its Content, you agree to comply with these Terms as well as any warnings or instructions on the Site. You agree to act in accordance with the law, customs, and in good faith when you access or use the Site or its Content. You must not modify or alter the Site or its Content or the services that appear on this Site, and you must not disrupt the integrity or operation of the Site in any way. Without prejudice to other provisions contained in these Terms, if you fail to comply with any of the obligations set forth in these Terms, whether through negligence or deliberately, you may be held responsible for any damages and/or losses that may result for ATELIER MIGNON, our parent companies, subsidiaries, affiliates, partners, or licensors.

  2. Your Account Subject to the age limitations stated above, you may access and use many features of the Site without registering, including making purchases. However, to access certain parts of the Site and be able to use them, you must create an account on our Site. You are responsible for maintaining the confidentiality of your account, username, and password, and for restricting access to your computer. In the event of unauthorized use of your password or account, please notify us immediately. You are responsible for providing us with and maintaining up-to-date, complete, accurate, and truthful information about your account. You accept responsibility for all activities that occur under your authorization in connection with your account, username, and/or password, or if you fail to maintain an adequate level of security for your account, username, and/or password. If you access and use the site on behalf of someone else, you represent that you have the authority to bind that person to the Terms and, failing that, you agree to be bound by these Terms and assume responsibility for any harm caused by any unlawful use of the Site or Content resulting from such access or use. You may terminate your online account with ATELIER MIGNON at any time. To the extent permitted by law, we reserve the right to refuse to provide any service and/or terminate accounts without notice if these Terms are not complied with or if we decide, in our sole discretion, that it would be in our best interest to do so.

  3. Links to Other Websites We are not responsible for the content of third-party Internet pages, even if they contain links to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our parent or subsidiary companies, or our business partners of the referenced content, product, service, or supplier. We may, at our sole discretion, remove any links from our website.

Your connection to or from other websites is at your own risk. Subject to what is permitted by applicable law, we have no obligation to verify or assess the pages of external websites to this Site, or other websites, that have a link to or from our Site, and we are not responsible for their offers, and we assume no liability for the actions, content, products, or services of such pages and websites, including, without limitation, their statements regarding privacy and their terms of use. You must carefully review the general conditions and privacy policies of all pages of websites external to this Site and other websites you visit.

  1. Events, Features, and Special Functions The Site may offer certain features and special functions or events (such as contests, lotteries, or other offers) that may (a) be subject to additional or replacement terms of use, rules, and/or policies in addition to these Terms; and (b) be offered by us or by third parties. If so, we will inform you, and if you choose to take advantage of these offers, you agree that your use of these offers is subject to such additional, separate, or supplementary terms of use, rules, and/or policies.

  2. User Content Our policy is to refuse spontaneous ideas and suggestions. However, notwithstanding our policy regarding spontaneous ideas and suggestions and subject to the provisions of our Privacy Policy, when you transmit, upload, post, email, share, distribute, reproduce, or otherwise make available suggestions, ideas, requests, comments, data, text, software, music, sound, photographs, personal data such as your username/pseudonym, graphics, images, videos, messages, or other information ("User Content") on the Site in any manner (including through the "Contact Us" form), you are fully responsible for such User Content. You hereby grant us a perpetual, worldwide, transferable, sublicensable, irrevocable, unrestricted, non-exclusive, and royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, and otherwise exploit such User Content worldwide, on all currently known or developed media, for any purpose whatsoever, including, without limitation, the development, manufacture, distribution, and marketing of products.

You represent and warrant that you own or otherwise control the rights to your User Content. You agree not to attempt, or assist or encourage others to attempt, to transmit, upload, post, email, share, distribute, reproduce, or otherwise make available any User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable; (b) you do not have the right to make available under any law or under contractual or fiduciary relationships; (c) you know to be false, fraudulent, inaccurate, or misleading; (d) for which you have received compensation or acknowledgment from a third party; or (e) that infringes any patent, trademark, trade secret, copyright, or any other proprietary right of any third party.

We cannot be held responsible for verifying or evaluating User Content, and to the maximum extent permitted by applicable law, we disclaim any liability regarding User Content. We do not control the User Content transmitted or posted on the Site by you or others, and therefore do not guarantee the accuracy, integrity, or quality of the User Content transmitted or posted on the Site by you or others. You understand that by using the Site, you may be exposed to User Content from other people that may be offensive, indecent, or objectionable to you. In no event shall we be liable for any User Content, including, without limitation, any errors or omissions in any User Content, or any loss or damage of any kind you incur as a result of using any User Content transmitted, posted, emailed, or otherwise made available on the Site.

You acknowledge that we have the right (but not the obligation), in our sole discretion, to refuse to post or remove any User Content, and we reserve the right to modify, adjust, reduce, or remove any User Content. Notwithstanding the foregoing or any other provision contained in these Terms, we have the right to remove any User Content that violates these Terms or is otherwise objectionable, and we reserve the right to refuse to serve and/or terminate accounts, without notice, of users who violate these Terms or infringe the rights of others.

Removal of User Content If you wish to remove certain of your public User Content, such as your product reviews and posting(s) of comments on the Site or in connection with our mobile applications, please contact us by email and provide the following information in your deletion request: first name, last name, username/pseudonym (if applicable), email address associated with our website and/or mobile applications, reason for deletion of the post as well as date(s) of the post(s) you want to delete (if known). We may not be able to process your deletion request without this information.

  1. Copyright Violations Notices We respect everyone's intellectual property. If you believe that copyrighted material has been copied in a way that constitutes copyright infringement, please email us at contact@ateliermignonparis.com, providing the following information: (i) identification of the copyrighted material that you believe has been infringed and confirmation that you are the rights holder or authorized to act on behalf of the rights holder; (ii) description of the information that you believe has been infringed and its location on the Site; (iii) your address, phone number, and email address.