Last Updated: May 25, 2018
These Terms of Use (the "Terms") apply to your use of the website and domains owned by The Finest Accessories, Inc., including without limitation https://www.franceluxe.com and https://www.thefinestaccessories.com (the "Website"). The Website is provided by The Finest Accessories, Inc., a Washington state corporation ("TFAI," "We," "Us," and/or "Our"). Your use of the Website is subject to these Terms, together with any written agreements you enter into with Us, or other terms that We post with the Website ("Additional Terms"). Additional Terms are incorporated by reference into these Terms.
By using the Website you agree to be bound by these Terms, so please read them carefully. Please do not use the Website if you do not agree to these Terms.
ACCEPTANCE OF TERMS OF USE
You affirm that you are at least 18 years of age, or that you have reviewed these Terms with your parent or guardian and that your parent or guardian agrees to these Terms on your behalf. If you are under 18, you may use the Website only with involvement of a parent or guardian.
CHANGES TO THESE TERMS
We may change these Terms from time to time. If We do, We will post the most recent version on Our site. You can view the latest Terms any time by clicking the "Terms & Conditions" link at the bottom of the applicable webpage. We encourage you to check for updates regularly. Your continued use of the Website means that you have agreed to the updated Terms.
PRIVACY
Your privacy is important to Us. We have provided a Privacy Policy to explain what information about you that We collect, and how We use, share, and protect such information. By using the Website, you agree to Our collection and use of your information as described in the Privacy Policy. We encourage you to review the Privacy Policy to learn more. Please contact Us at customercare@franceluxe.com if you have any questions.
ELECTRONIC COMMUNICATIONS
When you send e-mails to Us, you are communicating with Us electronically. You consent to receive communications from Us electronically. We will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures, and other communications that We provide to you electronically satisfy any legal requirement that such communications be in writing.
CONTENT OWNERSHIP
The photos, images, graphics, text, and content displayed on or used in connection with Our Website ("Content"), including without limitation, the design, expression, and arrangement of such Content, is Our proprietary property or is licensed to Us and is protected by United States and international copyright laws. Except as otherwise provided in these Terms, you are not permitted to copy, modify, display, license, create derivative works of, or otherwise exploit Our Content without Our written permission.
TRADEMARKS
The trademarks, graphics, logos, page headers, button icons, scripts, and service names included in or made available through this Website are trademarks or trade dress of TFAI in the U.S. and other countries, including without limitation FRANCE LUXE®, FRANCE LUXE BODY®, L. ERICKSON®, L. ERICKSON U.S.A.®, MOBILELUXE®, THE FINEST ACCESSORIES®, HELLO BEAUTIFUL!©, ULTRACOMFORT®, and BRUSH WITH LOVE®. TFAI's trademarks and trade dress may not be used in connection with any product or service that is not TFAI's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits TFAI.
USE OF THE WEBSITE
You are permitted to use the Website for your own personal, non-commercial purposes. You agree that you will not use the Website for any unlawful purpose, in a way prohibited by the Terms, or in a manner that interferes with Our operation of, or any user's use and enjoyment of the Website. For example, when using Our Website you agree not to:
- Use any hacking or cheating software or tools;
- Use, without permission, any robot, iframe, spider, crawler, scraper or other automated means or interface not provided by Us to access the Website, including, without limitation, for the purpose of copying, extracting, aggregating, displaying, publishing or distributing any content or data made available via Website;
- Upload any files that may damage Our Website; or
- Attempt to modify any Webpage in ways that We have not permitted.
If you would like to report a violation of these Terms, please contact Us at customercare@franceluxe.com.
REGISTRATION AND SECURITY
Our Website allows you to create an account with Us, with a user ID and password. You agree that you will provide only accurate, complete, and up-to-date information. You are responsible for ensuring the confidentiality of your password and for restricting access to your computer, tablet, or mobile device and you agree to accept responsibility for all activities that occur under your account or password. You are required to let Us know immediately if you suspect that someone is using your account without your permission. We are not responsible for any loss or damage arising from your failure to comply with these obligations.
CUSTOMER SERVICE
If you have any questions about your order or need assistance placing an order, if you need to return or exchange products, or if you just have a question about Our products, please feel free to call Us at (888) 884-3653, 9am - 5pm PST, Monday through Friday, or contact Us by e-mail at customercare@franceluxe.com, or send a message via Our secure online form HERE.
RETURNS POLICY
All of Our products are 100% guaranteed. If for any reason or at any time you are not satisfied with your purchase, you may return your item for an exchange (shipping charges apply for exchanges outside the United States) or full refund using the complimentary return shipping label. When sending a return, please include a note with your contact information, reason for the return, and desired outcome. A postage paid return label is included with all U.S. orders.
Returns should be mailed to us at the following address:
The Finest Accessories, Inc.,
Attn: Returns Department
1410 W. Dolarway Suite 401
Ellensburg, WA 98926
United States
Reach us by Phone:
1 (888) 884-3653 (Toll Free in the USA)
1 (425) 831-7001 (Local and International)
9am - 5pm PST, Monday through Friday
Notice to EU/EEA Customers Regarding Data Retention and Our Returns Policy
When you place an order through the Website, We will maintain your Order Information for Our records unless and until you ask Us to delete this information. Retaining this Order Information facilitates administration of Our 100% guarantee on Our products and provides the mechanism for processing return and exchange requests and providing replacements and refunds of ordered items.
You have the right to access personal information We hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right (which you may do at any time), please contact Us through the contact information below. We respond to all requests We receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws. We may ask you to verify your identity in order to help Us respond efficiently to your request.
To request that your personal information be corrected, updated, or deleted, please send an e-mail to customercare@franceluxe.com, or submit a request via Our secure online form HERE, or write to Us at: The Finest Accessories, Inc., 349 East Third Street, North Bend, WA, 98045, United States.
Please include the nature of your request (request to correct or update to your information or request to have your information deleted), your full name, the email address(es) used when ordering or registering for an account on Our Website, your shipping and/or billing address if applicable, and your phone number in the event that We need to contact you in regards to your request, including for verification purposes.
Additionally, if you are a European resident We note that We are processing your information in order to fulfill contracts We might have with you (for example if you place an order through the Website), or otherwise to pursue Our legitimate business interests listed above.
Additionally, please note that your information will be transferred outside of Europe, including to the United States. When We transfer your information to the U.S., We will protect it as described in this Privacy Policy. We nevertheless protect information from EU/EEA residents in accordance with applicable law.
If you are a resident of the EU/EEA, you can object to processing of your Personal Information, ask Us to restrict processing of your Personal Information, or request portability of your Personal Information. Again, you can exercise these rights by emailing Us at customercare@franceluxe.com, by submitting a request via Our secure online form HERE, or writing to Us at: The Finest Accessories, Inc., 349 East Third Street, North Bend, WA, 98045, United States.
Similarly, if We have collected and processed your Personal Information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing We conducted prior to your withdrawal, nor will it affect processing of your Personal Information conducted in reliance on lawful processing grounds other than consent.
You have the right to complain to a data protection authority about Our collection and use of your Personal Information. For more information, please contact your local data protection authority. Contact details for data protection authorities in the EEA/EU are available HERE.
COPYRIGHT USAGE AND INFRINGEMENT NOTICES
If you believe that your copyrighted materials are being infringed on Our Website, please contact Us:
The Finest Accessories, Inc.
Attn: Copyright Agent
349 East Third Street
North Bend, WA 98045 USA
Phone: (425) 831-7001
Toll Free in the USA: (888) 884-3653
Email: customercare@franceluxe.com
LINKS TO THIRD PARTY WEBSITES AND CONTENT
Our Website may include links to websites or content owned or operated by third parties. Some third party sites may collect data or solicit personal information from you. TFAI does not own or control such sites and is not responsible for their content or actions. We suggest that you read the terms and conditions and privacy policies of any website or content linked to Our Website to learn about the third party's practices.
MODIFYING OR TERMINATING THE WEBSITE
We regularly update and change Our Website. We may also remove or modify features, functionalities, or remove or discontinue a product. You agree that We can suspend or terminate your right to access Our Website at any time for any reason. If you learn that We have suspended or terminated your right to Our Website, you agree not to try to access the Website again without Our permission.
DISPUTES AND INDEMNIFICATION
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT AFFECTS YOUR LEGAL RIGHTS.
We hope that you won't have any problems when you use Our Website. If you do, We ask that you contact TFAI customer service at customercare@franceluxe.com. However, if there is a problem that We can't fix, and you have any claim, cause of action, or dispute (a "claim") involving Us (including Our officers, directors, affiliates, employees, agents, successors, and assignees) that arises out of or relates to these Terms, you must bring that claim within one year, unless a longer period is required by law. If you don't, you'll lose the right to bring the claim. The laws of the State of Washington (notwithstanding any conflict of laws rules) will apply to these Terms and your use of Our Website. You agree to the exclusive jurisdiction of the state and federal courts located in King County, Washington. You may not assign your rights under these Terms or otherwise assign to anyone else any claims that you may have regarding the Website. If you or anyone else brings a claim arising out of or relating to your use of the Website, you agree to indemnify Us and hold Us harmless from any claims, losses, expenses, damages, and costs (including attorneys' fees) that We have in connection with any such claim. If you have a dispute with someone else relating to TFAI, you release Us from any liability arising out of or relating to that dispute.
DISCLAIMER OF WARRANTIES
WE PROVIDE OUR WEBSITE "AS IS," WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND. TFAI DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ALL REPRESENTATIONS AND WARRANTIES PERTAINING TO OUR WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE STATEMENT ABOVE, WE DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (A) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (B) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS; (C) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE WEBSITE; (D) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA MADE AVAILABLE ON THE WEBSITE; AND (E) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY TFAI OR ANY THIRD PARTY. FURTHER, THERE IS NO WARRANTY THAT THE WEBSITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, (F) THAT THE INFORMATION PROVIDED THROUGH THE WEBSITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; (G) THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; OR (H) THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR ANY DAMAGE ARISING OUT OF OR RELATING TO YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE WEBSITE OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. WE WILL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. OUR AGGREGATE LIABILITY TO YOU IN CONNECTION WITH ANY CLAIMS ARISING OUT OF OR RELATING TO THE WEBSITE WILL BE LIMITED TO THE GREATER OF $100 OR THE TOTAL AMOUNT THAT YOU PAID TO US OVER THE PAST SIX (6) MONTHS. If a law restricts Our ability to limit liability, the limitations listed above may not apply to you. In that case, We limit Our liability to the greatest extent permitted by applicable law.
MISCELLANEOUS
If any part of these Terms is determined to be unlawful, void or for any reason unenforceable, then that part will be severed from these Terms, and the rest of the Terms will remain intact. If We do not enforce any provision of these Terms, that will not be considered a waiver of Our rights. Any waiver of these Terms must be obtained in a written document signed by an authorized representative of TFAI.