Terms of Use

This Web site (https://samplingmadesimple.com) is operated by Le Papillon, LTD, a Delaware corporation d/b/a Arcade Beauty. (“Arcade Beauty” or “AB”). Throughout the Site and these Terms of Use, the terms "we", "us" and "our" refer to Arcade Beauty.

Please carefully read the following Site and purchase terms of use (“Terms of Use”) before using the Site.

Arcade Beauty offers this Site, including all information, content, materials, tools, products and services available from this Site, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies, statements and notices stated within these Terms of Use and elsewhere within the Site. By accessing and/or using this Site (including, but not limited to, placing an order through this Site), you agree to be bound by these Terms of Use, including disclaimers. In these Terms of Use, “you” means you personally if you will exercise the license and/or rights granted for your own benefit, but it means your company (or you on behalf of your company) if you will exercise the license and/or rights granted for your company’s benefit.

We reserve the right, in our sole discretion, to change, modify or otherwise alter these Terms of Use at any time by posting revised terms on the Site or made accessible via the Site. Please review the Terms of Use periodically because it is your sole responsibility to check for any changes we may make to these Terms of Use. Your continued use of this Site following the posting of changes to these Terms of Use or other policies or statements will constitute your acceptance.

By registering for a Site user account and/or placing an order through this Site, you warrant that you are at least eighteen (18) years old and that you are capable of entering into legally binding contracts.


1. PRIVACY

We respect your privacy. Our Privacy Notice, located at https://samplingmadesimple.com/pages/privacy-notice, is incorporated into and forms a part of these Terms of Use and is part of our agreement with you. Please read our Privacy Notice carefully as it describes, among other things, how we collect, use, share, sell, transmit, transfer and secure information obtained when you access and use our Site.


2. USE OF CONTENT ON THE SITE

All Content on this Site (including, without limitation, Web pages, data, information, messages, text, images, photographs, graphics, artwork, audio and video, and documents such as press releases, product data sheets, and product and marketing information, is the exclusive property of and owned by Arcade Beauty and other affiliated companies doing business as “Arcade Beauty” and its and their respective parents and its and their respective subsidiaries worldwide (collectively, “Arcade Beauty Group”), its licensors or its Content providers (collectively, “Content Owners”) and is protected by copyright, trademark and other applicable laws. You may only access, copy, download and print the Content contained on the Site for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the Content you access, copy, download or print. Any other use of Content on the Site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any Content, or use of the Site for purposes competitive to Arcade Beauty Group, is expressly prohibited. The Content Owners retain full and complete title to their respective Content provided on or through the Site, including all associated intellectual property rights. We provide this Content to you under a non-exclusive limited license that is revocable at any time in our sole discretion. The Content Owners neither warrant nor represent that your use of Content provided on or through the Site will not infringe rights of third parties not affiliated with us and reserve all rights and licenses not expressly granted in these Terms of Use.


3. FEATURES AND FUNCTIONALITY PROVIDED BY THIRD PARTIES; THIRD PARTY TERMS

Certain of the Content, features and functionality on the Site may be owned and operated by third parties (collectively, “Third Party Providers”). Your use of and interaction with such Content, features and functionality (collectively, “Third Party Content”) may be subject to separate terms and conditions. In that event, you acknowledge that these Terms of Use will not apply to your use of the Third Party Content and that you will be subject to and comply with the terms and conditions offered by such Third Party Providers. YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE OR OTHERWISE LIABLE FOR THIRD PARTY CONTENT OR THE ACTS OR OMISSIONS OF THIRD PARTY PROVIDERS AND THAT ANY CLAIMS OR OTHER CAUSES OF ACTION AVAILABLE TO YOU IN CONNECTION WITH EITHER OF THE FOREGOING WILL BE BROUGHT AGAINST THE APPLICABLE THIRD PARTY PROVIDER(S) AND NOT US OR ANY OTHER MEMBER(S) OF ARCADE BEAUTY GROUP.


4. TRADEMARKS AND COPYRIGHT

All Arcade Beauty trademarks, trade names, logo, slogan, service marks, service names, product names, and intellectual property, whether or not delineated in large print or with trademark symbols or in any other fashion, are trademarks and/or intellectual property of the Arcade Beauty Group. Nothing on this Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Site without the owner’s prior written permission, except as otherwise expressly described herein. This Site and all of its Content is protected as a compilation under the copyright laws of the United States and other countries. The use (except as explicitly permitted herein) or misuse of the trademarks, copyrights or any other intellectual property of Arcade Beauty Group is expressly prohibited and may be in violation of copyright, trademark, slander or libel laws, privacy law and publicity and communications regulations and statutes. Please be advised that Arcade Beauty Group actively and aggressively enforces its intellectual property and other rights to the fullest extent of the law.


5. MERCHANDISE AVAILABILITY

Availability of merchandise may vary on the Site. Some featured items may be available only in limited quantities or only while supplies last. Display of an item on the Site is not a guarantee that the item is currently available or in stock or that it will be available on our Site when you visit again. If you are unable to locate a particular item that caught your attention on a previous visit to our Site or if you have any questions concerning the availability of a particular item, please contact our Customer Services group via our Contact Us Page. We will use commercially reasonable efforts to fulfill your requests whenever possible.


6. MERCHANDISE DISPLAY

Arcade Beauty will make every reasonable effort to display its merchandise on the Site as accurately as possible. Unfortunately, various factors, including the display and color capabilities of your computer monitor, may significantly affect what you actually see on your screen. We are not responsible for the display of any color, texture or detail of its merchandise on your computer screen and cannot guarantee the accuracy thereof.


7. RETURN POLICY

Sales on this Site are final and subject to Section 12 (Inspection and Acceptance) below and our Return Policy.


8. SHIPPING POLICY

Sales on this Site are subject to our Shipping Policy.


9. ORDERS, PROHIBITION ON RESELLING, AND PRICE

The Content on this Site does not constitute a binding offer to sell products described on the Site or to make such products available in your area. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation or after your credit card or financial account has been charged or debited. The prices displayed on the Site are quoted in U.S. dollars and are intended to be valid and effective only in the United States. In the event a product is listed at an incorrect price, we have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card charged or bank account debited. If your account has been debited and/or your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your applicable account. In the event we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made or that we may have on file.


10. TERMS OF DELIVERY

All items purchased from the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. Our delivery and performance dates are estimates only. Arcade Beauty will use commercially reasonable efforts to deliver in accordance with the delivery or performance dates, but may change those dates as it deems necessary. Arcade Beauty will not be liable for failure to deliver or perform by the estimated dates. Failure to deliver or perform by the estimated dates does not give you the right to cancel an order or any part thereof nor to claim any damages. Arcade Beauty reserves the right to make partial deliveries.


11. NO CANCELLATION; RESCHEDULING

Acknowledged orders may not be cancelled and may only be rescheduled by mutual prior written agreement between you and an authorized representative of Arcade Beauty.


12. INSPECTION AND ACCEPTANCE

Goods are deemed to be accepted by you unless you provide us written notice to the contrary specifying the non- conformance within five (5) days of delivery of the Goods. Arcade Beauty may examine goods which you claim are non-conforming either on your premises or at a location chosen by Arcade Beauty in its sole discretion. Arcade Beauty may impose charges to reimburse it for its costs if it finds your claim is unsupported. No goods may be returned to Arcade Beauty unless you have first received Arcade Beauty’s return material authorization ("RMA") and fully complied with Arcade Beauty’s instructions related thereto. Before returning any goods, you must contact Arcade Beauty’s customer service department in order to receive a RMA number for any Arcade Beauty authorized return. This number must be indicated on your return delivery note to allow Arcade Beauty to identify and treat the return according to its internal guidelines. In addition, each return must contain a description of the alleged defect. In the event that you return the goods without the RMA number and/or without a description of the alleged defect, Arcade Beauty reserves the right to refuse such return. Any damages resulting from inadequate packaging by you or your representatives will be at your sole cost and expense.

 

13. PROMOTIONS, DISCOUNTS, AND VOUCHERS

We, from time to time, run promotions concurrently. Offers cannot be applied to previous purchases and cannot be redeemed for cash or combined with any other offer. To redeem, enter the code in the promo code box at checkout. Limit one promotional code per order. Offers valid in the U.S. only. Terms of offers are subject to change.


14. INTERNATIONAL VISITORS

We truly value your interest in our Site. However, please note that our Site can only ship to the U.S. at this time (Continental United States only). We do, however, encourage our international visitors to stay tuned for updates on our shipping practices and other Site development.


15. YOUR ACCOUNT

When and if you use the Site, it shall be your sole responsibility to provide true, accurate, current and complete information about yourself and maintain the confidentiality of your e-mail address, password and any other account identifiers related to any personal account you may have created on the Site (the "Account"), and for restricting access to your computer(s) and devices. You also agree to accept sole responsibility for any and all activity that occurs under your Account. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your e-mail address, password and any other account identifiers related to any personal account you created on the Site, you must notify us immediately. We may assume that any communications we receive under your e-mail address, password and any other account identifiers related to any personal account you created on the Site have been made by you unless we receive timely notice otherwise.


16. YOUR CONTENT

You agree that you will only upload, transmit, or otherwise make available ("Share") on or through the Site, Content that you have the right and authority to Share and for which you have the right and authority to grant to us all of the licenses and rights set forth herein. By Sharing Content, you grant us an unrestricted, worldwide, perpetual, royalty-free, irrevocable, nonexclusive, fully sublicensable license to use and reproduce the Content to fulfill your order and for our promotional purposes in any form, medium, or technology now known or later developed. You warrant that: (a) you have the right and authority to grant this license; and (b) our exercise of the license and/or rights granted pursuant to this license will not infringe or otherwise violate any third party rights..

You agree that you will neither use the Site in a manner, nor Share any Content, that: (a) is false or misleading; (b) is defamatory, derogatory, degrading or harassing of another or constitutes a personal attack; (c) invades another's privacy or includes, copies or transmits another's confidential, sensitive or personal information; (d) promotes bigotry, racism, hatred or harm against any group or individual; (e) is obscene or not in good taste; (f) violates or infringes or promotes the violation or infringement of another's rights, including intellectual property rights; (g) you do not have the right and authority to Share and grant the necessary rights and licenses for; (h) violates or promotes the violation of any applicable laws or regulations; (i) contains a solicitation of funds, goods or services, or promotes or advertises goods or services; or (j) contains any viruses, Trojan horses, or other components designed to limit or harm the functionality of a computer, systems, network or data. We may report you to the relevant authorities and may act under the fullest extent of applicable laws if you transmit or upload content intended or designed to cause harm.

We do not want to receive confidential or sensitive information from you through or in connection with the Site. Notwithstanding anything that you may note or state in connection with Sharing Content, it shall not be considered confidential or sensitive information and shall be received and treated by us on a non-confidential and unrestricted basis and we shall not take and shall not be required to take any steps to safeguard the confidentiality of any information that you Share, other than as specified in these Terms of Use.


17. CONDUCT

You or third parties acting on your behalf may not: (i) use contact information provided on the Site for unauthorized purposes, including marketing; (ii) use any hardware or software intended to damage or interfere with the proper working of the Site or to surreptitiously intercept any system, data or personal information from the Site; (iii) interrupt or attempt to interrupt the operation of the Site in any way; (iv) frame this Site or use Arcade Beauty Group’s proprietary marks, or any mark, word, term or slogan likely to be confused therewith, as meta tags or anything else, without our or the applicable Arcade Beauty Group member’s duly authorized prior written consent; (v) use frames or utilize framing techniques or technology to enclose any content included on the Site; or (vi) utilize any Content in any meta tags or any other "hidden text" techniques or technologies.


18. LINKS TO OTHER WEBSITES

When you access a Site other than our Site, please realize that it is independent of us. Linking to any off-site pages is at your own risk. We make no warranties or representations about any website other than our Site and have no responsibility or liability to you or anyone else for such websites or their content. In addition, certain third party websites may also provide links to our Site. None of such links should be deemed to imply that we endorse such third party websites or any content therein.


19. ACCURACY, COMPLETENESS AND TIMELINESS ON INFORMATION ON THIS SITE

We are not responsible if Content made available on this Site is not accurate, complete or current. The Content on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the Content on this Site is at your own risk. This Site may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time (including after you have submitted your order), but we have no obligation to update any Content on the Site. You agree that it is your sole responsibility to monitor changes to the Site.


20. INDEMNITY

You agree to promptly defend, indemnify and hold us and all other members of Arcade Beauty Group and our and their respective directors, officers, employees, agents, licensors, service providers, subcontractors, suppliers and representatives (collectively, the “Indemnified Parties”) harmless from and against any and all claims, losses, liabilities, damages, costs and expenses, including reasonable attorneys' and professionals’ fees and court costs as incurred, (collectively, starting with the word “losses” “Claim”) in any way arising from, related to or in connection with: (i) your use of the Site, (ii) your violation of these Terms of Use or any additional rules, policies, guidelines or terms posted for a specific area of the Site or Content on the Site, (iii) the Content that you Share, or (iv) your violation or infringement of any third party rights, including intellectual property rights. If you cause a technical disruption of the Site or the systems transmitting the Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from that disruption. You shall not, without the prior written consent of the Indemnified Parties, settle or compromise any Claim, or permit a default or consent to the entry of any judgment in respect thereof, unless such settlement, compromise, or consent includes, as an unconditional term thereof, the giving by the claimant to the Indemnified Parties an unconditional release from all liability in respect of such Claim. The Indemnified Parties reserve the right, at its/their own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to fully cooperate with the Indemnified Parties in the defense of such matter.


21. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE SITE AND ALL CONTENT, MATERIALS, PRODUCTS (INCLUDING SAMPLES AND SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING BY A DULY AUTHORIZED REPRESENTATIVE OF AB. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR THE CONTENT, MATERIALS, PRODUCTS (INCLUDING SAMPLES AND SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, UNLESS OTHERWISE SPECIFIED IN WRITING BY A DULY AUTHORIZED REPRESENTATIVE OF AB. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND YOUR PURCHASE OF ANY PRODUCTS VIA THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE, CONTENT, MATERIALS, PRODUCTS (INCLUDING SAMPLES AND SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, OUR OR OUR THIRD PARTIES’ SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM US OR ON OUR BEHALF ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE INDEMNIFIED PARTIES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, OR FROM ANY CONTENT, MATERIALS, PRODUCTS (INCLUDING SAMPLES AND SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY AND CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF INCOME, REVENUE, GOODWILL, REPUTATION OR SAVINGS, LOSS OR UNAVAILABILITY OF OR DAMAGE TO DATA, CONTENT OR SOFTWARE RESTORATION), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE, OR ARISING UNDER THESE TERMS OF USE, UNLESS OTHERWISE SPECIFIED IN WRITING BY AN AUTHORIZED OFFICER OF AB.

CERTAIN STATE LAWS 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.


22. TERMINATION OF USE

We may, in our sole discretion, at any time discontinue providing or limit access to the Site, any areas of the Site or Content provided on or through the Site. You agree that we may, in our sole discretion, at any time, terminate or limit your access to, or use of, the Site or any Content. Without limiting any of the foregoing, we may terminate or limit your access to or use of the Site if we determine, in our sole discretion, that you have infringed the rights of a third party. You agree that we shall not be liable to you or any third-party for any termination or limitation of your access to, or use of, the Site or any Content provided on or through the Site, including Content that you may have Shared. You understand, acknowledge and agree that you are personally liable for any orders that you place or charges or other liabilities that you incur prior to termination and are fully responsible for all of our costs for collection, as incurred, of any such charges or other liabilities. Termination of your access or use will not waive or affect any other right or relief to which we or any other member(s) of Arcade Beauty Group may be entitled, at law or in equity.


23. FORCE MAJEURE

We will not be liable for any cause beyond its control, including but not limited to acts of God, acts of civil or military authority, fires, epidemics, floods, riots, wars, terrorism, sabotage, labor disputes, yield problems, or inability to obtain materials, components, energy, manufacturing services or facilities, or transportation on commercially reasonable terms. In the event of any such delay, the estimated date of delivery or performance hereunder will be extended by a reasonable period of time.


24. APPLICABLE LAW; JURISDICTION; CLASS ACTION AND RIGHT TO JURY TRIAL WAIVERS

The laws of the state of New York, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Arcade Beauty; and you expressly agree that the exclusive jurisdiction for any dispute shall be in New York County, New York, U.S.A., and you further agree and expressly consent to the exercise of personal jurisdiction in such courts in connection with any such dispute. You also agree to comply, at your expense, with all applicable local, state, federal and international laws and regulations, including, but not limited to, U.S.A. export restrictions that relate to your use or activities on this Site. To the fullest extent permitted by law, the controlling language, at all times, for these Terms of Use is English, U.S.A. We each agree that: (I) any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action; and (ii) we each waive any right to a jury trial.


25. PERSONS NOT OF AGE OF MAJORITY

Persons who are not of the age of majority are not eligible to use the Site or Share Content, and we ask that no information or Content in relation to such persons be submitted to us.


26. NOTICE TO YOU

YOU PROVIDE YOUR AFFIRMATIVE CONSENT THAT WE MAY NOTIFY YOU, AT OUR DISCRETION, BY EMAIL, POSTAL MAIL, POSTINGS WITHIN THE SITE, OR OTHER LEGALLY ACCEPTABLE MEANS.


27. ENTIRE AGREEMENT AND ADMISSIBILITY

These Terms of Use constitute the entire agreement and understanding between you and us with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties hereof with respect to such subject matter. A printed version of the Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.


28. MISCELLANEOUS

The waiver of any provision of these Terms of Use shall not be considered a waiver of any other provision or of our right to require strict observance of each of the terms herein. If any provision, or portion thereof, of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision, or such portion thereof, shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions, including the remainder of the provision of which it was a portion thereof. Except for the Indemnified Parties, there are no third party beneficiaries of these Terms of Use. These Terms of Use are personal to you and you may not transfer, assign or delegate them to anyone without our authorized representative’s manually executed and prior express written permission. Any attempt by you to assign, transfer or delegate these Terms of Use or any portion thereof without our authorized representative’s prior express written permission will be null and void. We have the unrestricted right to transfer, assign and delegate these Terms of Use to one or more third parties without your permission. Headings are purely for reference and shall not affect the meaning of any term or condition. All remedies set forth in these Terms of Use are cumulative and in addition to and not in lieu of any other remedy of the Indemnified Parties at law or in equity. Without limiting any of the foregoing, contractual waivers will not apply in specific legal contexts where the waivers are unenforceable. Any provision which must survive to allow us to enforce its meaning shall survive termination.


29. ACKNOWLEDGEMENT

You acknowledge that these Terms of Use is supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the generality of the foregoing, you acknowledge that such consideration includes your use of the Site and/or receipt of product, Content and/or services available at, via or through the Site.


Last updated: October 3, 2018


Copyright © 2018 Le Papillon, LTD, a Delaware corporation d/b/a Arcade Beauty. All rights reserved.