EFFECTIVE: June 1, 2026
Welcome to Tressé-Paris Inc. and our Terms of Use and Terms of Sale (collectively, the “Agreement”). The Site is owned and operated by TRESSÉ-PARIS INC., a Delaware corporation (“Tressé,” “we,” “us” or “our”). This Agreement is important and contains terms and conditions that govern your access to and use of the website https://tresse-paris.com/ (the “Site”) and all sales of products made by Tressé through the Site. Because these terms affect your legal rights, please read them carefully. The Site may be used only for informational and online shopping purposes. By accessing or using the Site, creating an Account, placing an Order, or otherwise using any services, features, content, functionality, or products made available through the Site (collectively, the “Services”), you (“you,” “User” and/or, upon purchase, “Customer”) agree to be bound by this Agreement and all other terms incorporated herein by reference. If you do not agree to this Agreement, do not access or use the Site, including by uploading or downloading any information or material or making any purchase through the Site.
For purposes of this Agreement, the “Products” are those offered for sale on the Site. The essential characteristics and prices of the Products are described for each Product in the online catalog. This information is presented to a User prior to any purchase made by such Customer.
The Site is directed to customers located in the United States, and Products made available through the Site are offered for sale and delivery only within the United States, subject to any exclusions stated on the Site. If you access the Site from outside the United States, you do so at your own risk and are responsible for complying with applicable local laws. Except as set forth in any other user agreements, disclaimers, policies, terms of use, statements, or other notices on the Site, this Agreement and our Privacy Policy constitute the complete agreement between you and Tressé with respect to your use of the Site and any purchase thereon. The terms herein shall prevail over all other documents, including prospectuses and catalogues, with respect to sales made directly through the Site. Any exception to these terms requires Tressé’s express written agreement.
We reserve the right, at our sole discretion, to change or modify portions of this Agreement at any time. If we do so, we will post the updated Agreement on this page and will indicate at the top of this page the date this Agreement was last revised. You may read a current, effective copy of this Agreement at any time by selecting the “Terms” link on the Site. We may also provide notice of material changes through a pop-up notice, e-mail, or other reasonable means. Except to the extent prohibited by applicable law, your continued use of the Site after any such changes become effective constitutes your acceptance of the revised Agreement. If you do not agree to the revised Agreement, you must stop using the Site.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW OR WHERE PROHIBITED BY APPLICABLE LAW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
1. Privacy Policy.
Please refer to our Privacy Policy for information about how we collect, use, disclose and otherwise process information about you.
2. Eligibility.
2.1 You must be at least 18 years of age to use the Site. If you are below the age of 18, you may not use the Site under any circumstances. If you are between the age of 18 and the age of majority under applicable law in the country in which you reside, then your parent or legal guardian must read and accept this Agreement in your name and on your behalf.
2.2 You represent and warrant that you are at least 18 years of age, or, if you are at least 18 years of age but below the age of majority in your jurisdiction, that your parent or legal guardian has accepted this Agreement on your behalf. We may, in our sole discretion, refuse to offer the Services to any person or entity and may change our eligibility criteria at any time.
2.3 We continually test new features, functionalities, services, user interfaces and Products that we are considering incorporating into or providing through our Site. We reserve the right to include or exclude you from these tests without notice.
2.4 You are solely responsible for ensuring that your use of the Services complies with all laws, rules and regulations applicable to you. If the applicable law in the jurisdiction in which you reside requires that you must be older than 18 to receive certain Services, then the minimum age is the legally required one. The right to access the Site is revoked where this Agreement or use of the Site is prohibited or to the extent the offering, sale, or provision of the Services conflicts with any applicable law, rule or regulation.
3. Products.
Products displayed on the Site are offered solely for sale and delivery within the United States, subject to availability and any restrictions stated on the Site. Nothing on the Site constitutes an offer to sell or ship any Product in any jurisdiction where such offer, sale, or shipment would be unlawful. We reserve the right to limit the quantities of any Products that we offer and to discontinue any Product at any time without notice, except as required by applicable law. We also reserve the right to modify product packaging, specifications, or other characteristics of any Product at any time without notice, and such changes will not affect Products that have already been delivered to you.
4. Registration.
You may register for an account on the Site (an “Account”), but an Account is not required to place an order through the Site (an “Order”). To create an Account, you must provide accurate and complete information, including a valid e-mail address, and keep your Account information updated. We may use e-mail verification codes or other authentication measures to verify your Account. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a username a name that is otherwise offensive, vulgar or obscene. You are solely responsible for all activity that occurs on your Account and for maintaining the confidentiality and security of your login credentials. You may not use another person's Account or registration information for the Site without permission. You must notify us immediately of any breach of security or unauthorized use of your Account. You have the ability to delete your Account at any time, as described in our Privacy Policy.
The creation of an Account is optional. You agree to complete the Account registration form in good faith and to provide accurate, current, and complete information. You acknowledge that only fields marked with an asterisk are mandatory for the creation of an Account. Tressé reserves the right to refuse, suspend, or terminate any Account in its sole discretion, subject to applicable law.
Tressé reserves the right to refuse the creation of your Account.
When creating or accessing an Account, you may be required to verify your identity through a verification code sent to your e-mail address or through other authentication methods we make available from time to time. You are responsible for maintaining the security of your Account credentials and for restricting access to your devices and e-mail account.
The Account allows the User to find personal information without having to re-enter it, and to modify it if necessary. In addition, the Account may allow the Customer to:
- consult the status of a current Order;
- change their password or other login credentials, if applicable.
If the Customer notices that their Account is being used fraudulently, they undertake to report this immediately to Tressé.
5. Use of the Site.
5.1 The Site contains material, including but not limited to software, text, graphics and images (collectively referred to as the “Content”). We either own the Content, or portions of the Content may be made available to us through arrangements that we have with third parties. We do not guarantee that any Content you access on or through the Site is or will continue to be accurate. The Content is protected by United States and foreign intellectual property laws. Unauthorized use of the Content may result in violation of copyright, trademark, and other laws. You have no rights in or to the Content except as expressly set forth in this Agreement, and you will not use, copy, or display the Content except as permitted herein. No other use is permitted without our prior written consent. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of any of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of this Agreement, your right to access and/or use the Content and Site shall automatically terminate and you shall immediately destroy any copies you have made of the Content.
5.2 The trademarks, service marks, trade names, logos, and brand features of Tressé used and displayed in connection with the Services (collectively, the “Tressé Trademarks”) may be protected under applicable law, whether or not registered. Other company, product, and service names located on the Site or otherwise used in connection with the Services may be trademarks or service marks owned by third parties (the “Third Party Trademarks”, and, collectively with the Tressé Trademarks, the “Trademarks”). Nothing on the Site, in the Services or in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site or otherwise used in connection with the Services without our prior written consent specific for each such use. The Trademarks may not be used to disparage us or any applicable third party, our or the applicable third party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Tressé Trademarks as part of a link to or from any website is prohibited without our prior written consent. All goodwill generated from the use of any Tressé Trademark shall inure to our benefit.
5.3 You may not use the Site for any unlawful or prohibited purpose or in any manner that is inconsistent with the limited rights granted herein. In particular, you agree not to: (a) take any action that imposes an unreasonable load on the Site’s infrastructure; (b) use any device, software, bot, scraper, crawler, or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site; (c) attempt to decipher, decompile, disassemble, reverse engineer, or otherwise derive source code from any software comprising or making up the Site, except to the extent such restriction is prohibited by applicable law; (d) delete or alter any material we or any other person or entity posts on the Site; (e) otherwise take any action in violation of our guidelines and policies; (f) use the Site to invade the privacy of, obtain the identity of, or obtain any personal information about any other user of the Site; or (g) modify, erase, or damage any information contained on the computer or device of any user connected to the Site.
5.4 In using the Site, you agree not to: (a) disrupt or interfere with the security of, or otherwise abuse the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked sites or applications; (b) disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked sites or applications; (c) upload, post, or otherwise transmit through or on any site any viruses or other harmful, disruptive or destructive files; (d) transmit through or on the Site spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings; (e) attempt to obtain unauthorized access to the Site or portions of the Site which are restricted from general access.
In addition, you agree that you will comply with all applicable local, state, national and international laws and regulations that relate to your use of or activities on the Site.
6. Third Party Sites.
The Site may contain links to third party websites or other applications, services or other resources on the Internet (“External Site”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the Site administrator for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of any materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access any External Sites, you do so at your own risk. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through any External Sites.
7. User Content.
7.1 With respect to the Photos (as defined below), Submissions (as defined below), and any content or other materials you provide to or upload through the Site or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own or otherwise control all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein, and that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You shall not (and shall not permit any third party to) take any action or upload, post, or otherwise distribute any User Content that infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty. You shall not (and shall not permit any third party to) take any action or upload, post, or otherwise distribute any User Content that you know is false, misleading, untruthful or inaccurate, or that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion.
7.2 The Site may display or otherwise use content from users who share photos and videos on TikTok, Instagram, Facebook, or other social media platforms using our brand hashtags, including, without limitation, #Tresse, #tresse, #Tresse-Paris, #tresse-Paris, and #tresse-paris (collectively, the “Tressé Hashtags”), or by tagging Tressé or any Tressé account (collectively, “Photos”). You acknowledge and agree that the Photos may be used by Tressé, and you hereby grant us permission to use and authorize others to use your name or social media handle in association with the Photos for identification, publicity related to the Services, and similar promotional purposes, including after the termination or closure of your Account or the Services. Any opinions, statements, or endorsements expressed by social media users, influencers, brand ambassadors, or other third parties in connection with the Photos or Tressé Hashtags represent the personal views of those individuals and not the representations or warranties of Tressé. Tressé does not verify, endorse, or assume responsibility for any user-generated content featuring its products, and any results or experiences described therein are not guaranteed. You represent and warrant that the posting and use of your Photos, including to the extent such Photos include your name, username, likeness, voice, or photograph, does not violate, misappropriate or infringe the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark rights, and other intellectual property rights.
7.3 By uploading any User Content you hereby grant and will grant Tressé and its affiliated companies, successors and assigns a nonexclusive, worldwide, royalty free, fully paid up, transferable, sub-licensable, perpetual, irrevocable license to reproduce, adapt, publish, create derivative works from, copy, display, upload, publicly perform, distribute, store, modify and otherwise use your User Content and any name, username, likeness, voice or photograph provided in connection with your User Content, without compensation to you, in connection with the operation of the Site or the promotion, advertising or marketing of the Services, in any form, medium or technology now known or later developed, including after the termination of your Account or the Services. For clarity, the foregoing license does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights necessary to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
7.4 You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services (collectively, “Submissions”) that you provide to us are non-confidential and we will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without your acknowledgment or compensation to you.
7.5 You acknowledge and agree that we may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce this Agreement; (c) respond to claims that any User Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Tressé, our users and the public. You understand that the technical processing and transmission of the Site, including your User Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
8. IP Infringement.
We respect the intellectual property rights of others and require that the people who use our Site and products do the same. If you are a copyright owner and believe that any content posted on the Site infringes upon your copyrights, please provide our designated copyright agent the following written information in accordance with the Digital Millennium Copyright Act (the “DMCA”):
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed;
- identification of the material that is claimed to be infringing and information reasonably sufficient to permit location of the material;
- information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
- a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our designated contact for notices of claimed copyright infringement relating to the Site can be reached at: serviceclient@tresse-paris.com.
9. Term/Termination.
Tressé may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features, at any time. Tressé may remove, modify or otherwise change any Content, including that of third parties, on or from the Site. Tressé may impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. Tressé reserves the right to terminate your authorization to use the Site and to delete one or more of your related accounts immediately, at any time, if you breach or threaten to breach any of the terms herein. Tressé may further terminate the authorization and rights provided herein and your use of the Site at any time in its sole discretion and, upon such termination, you shall immediately destroy all materials that you have downloaded from the Site.
10. Payments; Ordering; and Billing.
10.1 An Account creation is optional upon Product purchase. You agree to provide accurate and up-to-date payment information at the time you order any Product. We have contracted with a third-party payment processor to facilitate purchases made on the Site. All payments for purchases made on the Site are processed exclusively through the payment methods made available at checkout, which currently include Credit Cards, PayPal, Klarna, and Shopify Payments.. When you make a purchase through the Site, you will provide your payment details and any additional information required to complete your order directly to our third-party payment processor and you will indicate your acceptance of the Terms of Sale by checking the box when prompted. You should be aware that online payment transactions are subject to validation checks by our payment processor and your card issuer and we are not responsible if your card issuer declines to authorize payment for any reason. Tressé reserves the right to cancel any order as a result of a declined payment. For your protection, our payment processors use various fraud prevention protocols and industry standard verification systems to reduce fraud and you authorize them to verify and authenticate your payment information. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this. In some jurisdictions, our payment processor may use third parties under strict confidentiality and data protection requirements for the purposes of payment processing services. Please refer to our Privacy Policy for more guidance as to the collection and storage of your data.
10.2 You agree to have sufficient funds or credit available when you place an Order to ensure that the purchase price can be collected by us. After you place your Order, we will send you a confirmation email acknowledging receipt of your Order (the “Order Confirmation”). The Order Confirmation does not constitute our acceptance of your Order, and any pricing or product information displayed on the Site prior to order placement, including in any Order Confirmation, does not constitute a binding offer and shall not be enforceable if it contains a typographical, technical, or other error. A binding contract is formed only when your payment transaction is approved and the Order is created in our back office. We strive to provide accurate pricing and Product information on the Site, but errors may occur. We reserve the right, at our sole discretion, to refuse, not process, or cancel any Order, including after an Order Confirmation has been sent, if a Product description, price, or other material information was incorrect or if we suspect fraud, unauthorized activity, or a violation of this Agreement. If we cancel an Order after payment has been collected, we will refund the amount collected.
10.3 Tressé currently ships Products only within the United States, subject to any exclusions stated on the Site. Prices displayed for Orders shipping to the United States are in U.S. dollars. Unless otherwise specified on the Site, shipping charges are added at checkout for Orders under the free-shipping threshold displayed on the Site. Applicable sales taxes, if any, will be determined and disclosed at checkout to the extent required by law. For shipments to the United States fulfilled from outside the United States, shipping fees are paid by the customer at checkout. For such shipments, all applicable customs duties and import taxes are included in the product prices displayed on the Site. Tressé ships via its preferred carrier (currently DHL) and will pay the carrier directly for customs clearance and delivery services; no additional charges will be due upon delivery. You will receive an e-mail with tracking information once your package has shipped.
10.4 All Orders of Products must be for your personal, non-commercial use only. By purchasing Products, you agree not to resell, redistribute, or export such Products for any commercial purpose. All Orders are subject to our acceptance or rejection in our sole discretion, including based on Product availability, suspected fraud, suspected resale activity, suspected violation of this Agreement, or any other lawful reason. We also reserve the right, in our sole discretion, to take steps to verify your identity or eligibility to process your Order. We will either not charge you or refund amounts collected for Orders that we cancel or do not process.
10.5 The Products are provided at the prices in effect at the time an Order is placed. Tressé reserves the right to modify the price of the items concerned for future Orders. We occasionally run promotions or provide limited-time offers for our Products. When ordering a Product that is a PRE-ORDER (meaning you are ordering the Product before it is available), payment is taken right away. The item will be shipped to you at a later date identified on the applicable product page. Please note that Tressé does not process partial shipments. If your Order includes a pre-order item, all items will be shipped together once the pre-order item becomes available. When the Order is ready to be shipped, you will receive an email confirmation with tracking information.
10.6 We attempt to provide accurate descriptions of Products. To the fullest extent permitted by applicable law, we do not warrant that Product descriptions or other content on the Site are accurate, complete, reliable, current or error-free. If a Product is not as described, your sole remedy, except as otherwise required by applicable law or expressly stated by us in writing, is to return the item in accordance with our returns policy.
11. Delivery
11.1 Tressé reserves the right to use its preferred carrier, including DHL. Delivery dates are estimates only and are provided as accurately as reasonably possible, but are subject to change based on Product availability, carrier operations, weather, customs processing, and other factors beyond our reasonable control. Except as required by applicable law, delays in delivery do not entitle you to damages or other compensation.
11.2 Your Order will be prepared and handed to the carrier within 30 days after the date of the Order Confirmation. Delivery times will vary depending on the destination and are in addition to this preparation period, unless there are exceptional circumstances or the Order is a pre-order. If delivery of your Order is delayed, you should contact Tressé as soon as possible so that we can investigate with the carrier; please note that such investigations may take up to thirty (30) days. If your Order has not yet been shipped within 30 days after the date of the Order Confirmation, you may cancel your Order by contacting Tressé, and upon cancellation we will process a full refund within fourteen (14) days of cancellation, unless a shorter period is required by applicable law.
11.3 We reserve the right not to ship Products to any address, jurisdiction, or person if such shipment would be prohibited by applicable law or sanctions, export control, or trade compliance requirements.
11.4 The Product(s) ordered will be at your risk from the time the carrier confirms that delivery has been made). Ownership of the Product(s) ordered will also pass to you upon carrier confirmation delivery, provided full payment of all sums due in respect of the Product(s), including any delivery charges, has been received.
12. Returns.
12.1 Except for gift cards, store-specific merchandise designated as final sales, or otherwise identified as non-returnable, we accept Products for returns if requests are submitted within Fourteen (14) days of receiving your Order. Such Product must be returned in new, unused condition and in its original packaging and/or, if damaged during delivery, in the condition received. To return your Product(s), you must submit your request through our returns interface or through your customer account and select the Product(s) you wish to return. Once your return request has been completed and processed, a prepaid return shipping label will be made available at the bottom of the return page and will also be sent to you by email. You must then place the Product(s) in the return package, affix the return label to the parcel and, for international returns, affix any required customs documentation on a visible side of the package. You must then drop off the parcel at your local post office or other designated carrier location. If you wish to return items from multiple Orders, you must submit a separate return request for each order and ship them back in separate parcels. Only Products originally shipped from Tressé and not designated as Final Sale may be returned to Seller in accordance with the conditions set forth herein. By requesting return of a Product, you certify that the Product was purchased from the Site and there has been no substitution of the Product from another supplier, distributor or other source of the Product. We reserve the right, in our sole discretion, to refuse returns, deny refunds, or suspend or terminate the Account of any Customer who we reasonably determine has abused our returns policy, committed return fraud, or initiated unwarranted chargebacks or payment disputes.
12.2 Upon receiving the returned Product(s), we will process any refund or provide you with a voucher without further action from you and, in principle, within 10 working days after receipt of the return package by our warehouse. This processing period may be extended during periods of unusually high customer service activity. Unless otherwise required by applicable law, refunds will be issued to your original form of payment. The refund will cover the full amount paid for the returned item(s). Shipping costs will be refunded only if the entire Order is returned.
12.3 To the extent a return involves any customs fees, duties, taxes, or other governmental charges that are not refundable to Tressé, such amounts are non-refundable to you unless otherwise required by applicable law. We also reserve the right, where disclosed to you in advance and permitted by applicable law, to deduct return-related charges from your refund.
13. Limitation of Liability and Disclaimer of Warranties.
13.1 THE SITE AND ITS CONTENT ARE PROVIDED AS A CONVENIENCE TO YOU. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AND EXCEPT AS OTHERWISE PROVIDED BY US IN WRITING, TRESSÉ, OUR AFFILIATES, AND OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE “TRESSÉ PARTIES”) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT OR THE SERVICES, INCLUDING BUT NOT LIMITED TO THE SITE’S ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR AVAILABILITY. THE TRESSÉ PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF THE CONTENT, THE SITE, OR ANY OTHER INFORMATION CONVEYED TO THE USER, OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN, OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SERVICES AND THE CONTENT AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, WHETHER IN ANY ACTION IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL THE TRESSÉ PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THE SITE OR ANY CONTENT CONTAINED ON THE SITE, OR, EXCEPT AS OTHERWISE PROVIDED UNDER APPLICABLE LAWS REGARDING THE SECURITY OF PERSONAL DATA, RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
13.2 YOU ACKNOWLEDGE THAT TRESSÉ DOES NOT CONTROL, IN ANY RESPECT, ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH ANY WEBSITE, INCLUDING THE SITE. EXCEPT AS OTHERWISE AGREED IN WRITING, THE TRESSÉ PARTIES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY MATERIAL, ADVICE, OPINION, SUMMARY, STATEMENT OR OTHER CONTENT, OR OF ANY APPLICATIONS, PRODUCTS OR SERVICES DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH ANY THIRD-PARTY WEBSITE OR THROUGH THE SITE.
13.3 THE TRESSÉ PARTIES DO NOT WARRANT THAT THE SITE WILL OPERATE ERROR FREE OR THAT THE SITE, ITS SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO TRESSÉ PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS.
13.4 EXCEPT AS OTHERWISE PROVIDED BY US IN WRITING, THE CONTENT, THE SERVICES, AND THE PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. THE TRESSÉ PARTIES DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITE, SERVICES, CONTENT, AND PRODUCTS, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. WITHOUT LIMITING THE FOREGOING, TRESSÉ MAKES NO WARRANTY THAT ANY PRODUCT IS FIT FOR ANY PARTICULAR PURPOSE OR THAT ANY PRODUCT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
13.5 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANY TRESSÉ PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SERVICES OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH TRESSÉ PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE TRESSÉ PARTIES FOR ANY DIRECT DAMAGES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO TRESSÉ IN CONNECTION WITH THE TRANSACTION OR USE OF THE SITE GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) $100.00.
13.6 The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
13.7 Except as otherwise provided under applicable laws and regulations regarding the security of personal data, Tressé disclaims any warranty or representation that confidentiality of information transmitted through the Site will be maintained.
13.8 No advice or information, whether oral or written, obtained by you from Tressé or third parties through the Site shall create any warranty. Some jurisdictions do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH JURISDICTIONS, THE LIABILITY OF THE TRESSÉ PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. NOTHING IN THESE TERMS AFFECTS ANY LEGAL RIGHTS AND REMEDIES YOU HAVE UNDER APPLICABLE LAW.
14. Indemnification.
To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Tressé Parties from and against any third-party claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising out of or resulting from your breach of this Agreement, your User Content or Submissions, or your unlawful access to, use or misuse of the Content or the Services. We shall provide notice to you of any such claim, suit, or proceeding that triggers this indemnification obligation, and you agree to do the same by writing to serviceclient@tresse-paris.com. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification under this section, and in such case, you agree to cooperate with our reasonable requests in connection with our defense of such matter.
15. ARBITRATION CLAUSE AND CLASS ACTION WAIVER.
PLEASE READ THIS DISPUTE RESOLUTION SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. THIS SECTION CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
15.1 If Tressé cannot resolve any dispute with you regarding the Site, any transaction conducted on the Site or this Agreement, both you and Tressé agree that any such dispute will be resolved through binding individual arbitration, except where prohibited by applicable law. Both you and Tressé understand and agree to waive the right to sue in court and to have a trial by jury, except that either you or Tressé may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, so long as it is brought and maintained as an individual claim. In addition, nothing in this Section limits either party from seeking injunctive or equitable relief in a court of competent jurisdiction for actual or threatened infringement, misappropriation, violation of intellectual property or other proprietary rights. The term “dispute” means any dispute, action, claim, or other controversy between you and Tressé, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis, and “dispute” will be given the broadest possible meaning allowable under law.
15.2 Either party asserting a dispute shall first try in good faith to resolve it by providing written notice to the other party describing the facts and circumstances (including any relevant documentation) and allowing the receiving party thirty (30) days in which to respond. Both you and Tressé agree that this dispute resolution procedure is a condition precedent which must be satisfied before initiating any arbitration against the other party.
15.3 Either party may initiate arbitration, which shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Agreement. To file an arbitration demand and review the AAA Rules, you may visit www.adr.org or call the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the dispute, you and Tressé will mutually agree upon another arbitration provider, or, if you cannot agree, a court of competent jurisdiction shall appoint one. The arbitration will be conducted by telephone, videoconference, or in person in the country of your residence, as mutually agreed upon by you and Tressé, unless applicable law requires otherwise. If you live outside the United States, any arbitration will take place in New York, New York, unless applicable law provides otherwise. Payment of arbitration fees will be governed by the AAA Rules and applicable law, except that Tressé will pay fees to the extent required to prevent this arbitration provision from being deemed unenforceable.
15.4 All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the dispute with the same remedies available in court; however, any relief must be individualized to you and shall not affect any other customer. You and Tressé also agree to waive the right to assert or participate in any class action lawsuit or class action arbitration, any private attorney general lawsuit or private attorney general arbitration, and any joint or consolidated lawsuit or joint or consolidated arbitration of any kind, to the fullest extent permitted by applicable law. If a court decides that the limitations of this paragraph are invalid or unenforceable, any putative class, private attorney general, or representative action must be brought in a court of proper jurisdiction and not in arbitration.
16. User Must Comply with Applicable Laws.
You are solely responsible for ensuring compliance with the laws of your specific jurisdiction and for abiding by all applicable local, state, provincial, national and international laws and regulations.
17. Transfer and Processing of Personal Data.
In order for us to provide the Services, you agree that we may process, transfer and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law. Please consult our Privacy Policy for more information regarding your personal data.
18. Miscellaneous.
18.1 This Agreement is governed by the internal substantive laws of the State of New York, without regard to its conflict of laws principles, except to the extent preempted or overridden by applicable consumer protection law. Any dispute between you and Tressé that is not subject to arbitration or cannot be heard in small claims courts will be resolved in the state or federal courts located in New York County, New York, and you and Tressé consent to the personal jurisdiction of those courts for such purposes. If any provision of this Agreement is found to be invalid or unenforceable by any court having competent jurisdiction, that provision shall be enforced to the maximum extent permissible and the remaining provisions shall remain in full force and effect. Our failure to act on or enforce any provision of this Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. This Agreement is governed by the internal substantive laws of the State of New York, without regard to its conflict of laws principles, except to the extent preempted or overridden by applicable consumer protection law. Any dispute between you and Tressé that is not subject to arbitration or cannot be heard in small claims courts will be resolved in the state or federal courts located in New York County, New York, and you and Tressé consent to the personal jurisdiction of those courts for such purposes. If any provision of this Agreement is found to be invalid or unenforceable by any court having competent jurisdiction, that provision shall be enforced to the maximum extent permissible and the remaining provisions shall remain in full force and effect. Our failure to act on or enforce any provision of this Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. We shall not be liable for any failure or delay in performing our obligations hereunder where such failure or delay results from any cause beyond our reasonable control, including, without limitation, acts of God, pandemics, epidemics, public health emergencies, fire, flood, earthquake or other natural disasters, war, terrorism, civil unrest, government actions, changes in law or regulation, sanctions, tariffs or trade restrictions, supply chain disruptions, labor disputes or shortages, or mechanical, electronic, or communications failure or degradation. Products, including any intellectual property embodied therein, may be subject to applicable rights of third parties, such as patents, copyrights, and user licenses. No term herein may be amended, supplemented, changed, or modified except as expressly provided in this Agreement or by a writing signed by the party to be bound. Ambiguities, if any, shall not be construed against any party by reason of authorship. Products, including any intellectual property embodied therein, may be subject to applicable rights of third parties, such as patents, copyrights, and user licenses. No term herein may be amended, supplemented, changed, or modified except as expressly provided in this Agreement or by a writing signed by the party to be bound. Ambiguities, if any, shall not be construed against any party by reason of authorship.
18.2 Except as expressly agreed by us and you, this Agreement constitutes the entire agreement between us and you with respect to the subject matter hereof and supersedes all previous or contemporaneous agreements, whether written or oral, between us and you with respect to such subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement is personal to you, and is not assignable, transferable or sublicensable by you except with our prior written consent. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees. No agency, partnership, joint venture, or employment relationship is created as a result of this Agreement and neither party has any authority of any kind to bind the other in any respect. By using the Site, placing an Order, or creating an Account, you consent to receive electronic communications from Tressé (including via email), and you agree that all agreements, notices, disclosures, Order Confirmations, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, to the fullest extent permitted by applicable law, including the federal Electronic Signatures in Global and National Commerce Act (E-SIGN Act). Unless otherwise specified in this Agreement, all notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to serviceclient@tresse-paris.com.
