These Terms and Conditions and the Je’Sui Jeune Order Form (collectively, this “Agreement”) contain the entire agreement between you (“you” or “Client”) and Bornagan Laboratories Ltd. (“Je’Sui Jeune”) with respect to your purchase of any goods through Je’Sui Jeune’s website or direct orders. This Agreement supersedes any prior written or oral agreements between the parties, including any purchase order form or similar document (other than the Je’Sui Jeune Order Form) that Client may submit with its Je’Sui Jeune Order Form. This Agreement may not be amended except by a written agreement executed by the party to be charged with the amendment. In the event of a conflict between these Terms and Conditions and the Je’Sui Jeune Order Form, these Terms and Conditions shall control.
Each order placed under this Agreement is subject to Je’Sui Jeune’s acceptance. Orders may be placed by the Je’Sui Jeune Order Form, via the purchaser’s own Purchase Order Form or via phone. If accepted, Je’Sui Jeune will process the order and make delivery of the purchased products.
Placing a Product Order
If you are not ordering your product online through www.JeSuiJeune.com website, please complete the Product Order Form and send it via mail, email or refer to it when you call.
-5667 866) 954-5667
Shipments which are not accepted by the customer will result in a charge for shipping of undelivered shipment, a 25% restocking fee and a fee, if applicable, for damaged products due to extended heat exposure during the summer shipping season.
Any modification of an order may delay the processing by one to three business days.
Customer Acceptance of Delivered Order
Complaints about a delivered order such as damage, missing or incorrect products, incorrect invoicing, etc need to be sent to Je’Sui Jeune within 2 weeks of shipment or 3 business days after delivery, whichever is shorter.
In the event products are damaged during shipping, please keep the damaged products in the original shipping container and immediately notify Je’Sui Jeune and the courier. The couriers will require a damage inspection and a claim for reimbursement. Je’Sui Jeune will ship replacements for the damaged products.
If a client wishes to return product(s) for any reason, client needs to notify Je’Sui Jeune in writing via email or regular mail of the reason for return and including the batch number of the product. Returns must be made within 30 days of receipt of order and be accompanied by a copy of the invoice and explanation for the return. Returned products must be unopened, undamaged and in original condition in order to receive credit if return not related to product defect. Once approved, a credit will be issued to the Client’s account. Returns not due to product defect are subject to a 20% restocking fee. No refunds on products returned over 30 days after receipt. No refunds for products that have been used or opened.
Refusal of Shipment
If any shipment is undeliverable or refused, a 25% restocking fee plus shipping costs will be charged to the client’s account. New shipping charges will be incurred to re-send the shipment. Until these additional charges are paid, subsequent orders will not be processed.
Je;Sui Juene is not responsible in any way for any delivery delays due to customs inspections, regulatory inspections and any other local or international regulations. Our terms of sales is FOB, Toronto. In other words, once the shipment leaves our facilities in Toronto, you are responsible for the package.
In order to maintain product freshness, Je’Sui Jeune employs strict inventory management controls. While it is always our objective to have sufficient quantities of products, back orders may occur. In such cases, you will be notified and have the right to cancel the order if you wish.
Orders are shipped by our choice of service via FedEx, UPS and Canada Post. Je’Sui Jeune reserves the right to require expedient delivery during periods of extreme temperatures. Standard delivery is one (3) to six (10) business days upon order processing. Shipping & handling charges are determined at the time of shipping and will be added to the charges/invoice.
Required Product Handling Conditions
We require the following handling of Je’Sui Jeune natural skin care products:
Sales taxes will be added as applicable to each order and shall be paid by the purchaser.
Je’Sui Jeune warrants that its products shall be fresh and free from defects in materials and workmanship for a period of twelve (12) months beyond the manufacturer’s date of production or nine (9) months after purchase (such warranty covering the cost of the product, but not shipping unless the subject defect occurs within thirty (30) days of the shipment of the product to the Client). WITH THE SOLE EXCEPTION OF THE WARRANTY STATED IMMEDIATELY ABOVE IN THIS SECTION, ANY GOODS PROVIDED TO YOU BY JE’SUI JEUNE ARE PROVIDED “AS IS” BY JE’SUI JEUNE, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND TO YOU OR ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES (I) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR (II) OF INFORMATIONAL CONTENT OR ACCURACY.
Client agrees that the aggregate liability of Je’Sui Jeune and its stockholders, members, partners, directors, managers, officers, employees, and agents (each, a “Je’Sui Jeune Indemnified Party” and collectively, the ” Je’Sui Jeune Indemnified Parties”) to Client or to Client’s stockholders, members, partners, managers, directors, officers, employees, agents, or Clients for any action, damage, claim, liability, cost, expense or loss in any way arising out of or related to this Agreement and/or any goods provided by Je’Sui Jeune shall be limited to (i.e., may not be more than, but can be less than) the purchase price paid by Client to Je’Sui Jeune pursuant to this Agreement. In no event shall any of the Je’Sui Jeune Indemnified Parties be liable to Client or to Client’s stockholders, members, partners, managers, directors, officers, employees, agents or Clients for consequential, exemplary, special, direct, indirect, incidental or punitive damages, including, without limitation, lost profits or opportunity costs even if any or all of the Je’Sui Jeune Indemnified Parties were notified of the possibility or likelihood of such damages occurring. The provisions of this section shall apply regardless of the form of action, damage, claim, liability, cost, expense or loss, whether in contract, statute, tort (including, without limitation, negligence) and notwithstanding the failure of the essential purpose of any limited remedy. In jurisdictions that prohibit the exclusion or limitation of liability for consequential, incidental or other damages, the liability of each Je’Sui Jeune Indemnified Party is limited to the greatest extent permitted by law. The parties acknowledge that the purchase price for goods was determined based upon this limitation of liability. THE REMEDIES PROVIDED FOR IN THIS AGREEMENT ARE CLIENT’S SOLE AND EXCLUSIVE REMEDIES.
If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
Waiver of Contractual Right
The failure of Je’Sui Jeune to enforce any provision of this Agreement shall not be construed as a waiver or limitation of Je’Sui Jeune’s right to subsequently enforce and compel strict compliance with that provision or any other provision of this Agreement.
Applicable Law; Forum
All questions concerning the construction, validity, and interpretation of this Agreement and the performance of the obligations imposed by this Agreement shall be governed by the internal law, not the law of conflicts, of the Province of Ontario. Any suit, action or proceeding against a party to this Agreement brought by another party with regard to this Agreement or the rights and obligations of the parties under this Agreement shall be brought in Province of Ontario. The parties hereby irrevocably consent to the jurisdiction of the aforementioned courts. In addition, and notwithstanding the foregoing, Client irrevocably waives, to the fullest extent permitted by law, any objection that it may now or hereafter have to the laying of the venue of any such suit, action or proceeding brought in any such court and any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Final judgment in any such suit, action or proceeding brought in any such court shall be conclusive and binding upon Client and may be enforced in any court in which Client is subject to jurisdiction by a suit upon such judgment.
Waiver of Trial by Jury
EACH PARTY TO THIS AGREEMENT HEREBY WAIVES THE RIGHT TO A TRIAL BY JURY IN ANY COURT AND IN ANY ACTION OR PROCEEDING, WHETHER IN TORT, CONTRACT OR OTHERWISE, IN WHICH ANY SUCH PARTY, OR ANY SUCCESSOR OR ASSIGN OF SUCH PARTY, ARE PARTIES, AS TO ALL MATTERS AND THINGS ARISING OUT OF OR RELATING, DIRECTLY OR INDIRECTLY, TO THIS AGREEMENT AND THE RELATIONS BETWEEN THE PARTIES HEREUNDER.
Parties in Interest
This Agreement shall be binding upon, inure to the benefit of, and be enforceable by the parties to this Agreement and their respective successors, heirs, legatees, personal representatives and permitted assigns permitted by this section. No assignment, delegation or other conveyance of this Agreement or of any rights or obligations hereunder may be made by Client (by operation of law or otherwise) without the prior written consent of Je’Sui Jeune. Je’Sui Jeune may assign, delegate or otherwise convey its rights and obligations under this Agreement to any other party.
Client agrees to indemnify and hold harmless each Je’Sui Jeune Indemnified Party from and against (and will pay upon demand each Je’Sui Jeune Indemnified Party the amount of) any and all losses, liabilities, claims, costs (including costs of investigation and defense), damages and expenses (including attorneys’ fees) which any Je’Sui Jeune Indemnified Party may sustain resulting from, arising out of, relating to or caused by (a) any breach by Client of any covenant or other agreement of Client contained in this Agreement; (b) any breach of any representation or warranty made by Client in this Agreement; and/or (c) any third-party claim brought against Je’Sui Jeune as a result of Client’s actions. In connection with any action or proceeding that may give rise to an obligation of Client to indemnify a Je’Sui Jeune Indemnified Party, the Je’Sui Jeune Indemnified Party shall have the exclusive right, at its option, to defend, compromise and/or settle the action or proceeding, and the Client shall be bound by the determination of any action or proceeding so defended or any compromise or settlement so effected. The remedies provided in this section are not exclusive of and do not limit any other remedies that may be available to any Je’Sui Jeune Indemnified Party.
In the event Je’Sui Jeune shall be delayed or hindered in, or prevented from, the performance of any act required of it by reason of failure of power, telecommunications or connectivity failure, computer malfunctions, restrictive governmental laws or regulations, a labor dispute, industry disturbance, fire, unusually severe weather conditions, riot, insurrection, war, act of terrorism, act of God or any circumstance or cause beyond the control of such party in the reasonable conduct of its business (each such cause or event being hereinafter referred to as a “Force Majeure”), then performance of such acts will be excused for the period of the delay and the period for performance of any such act shall be extended for a period equivalent to the period of such delay.
Je’Sui Jeune Opportunity to Cure
Prior to taking any action against Je’Sui Jeune as a result of a breach by such party of its obligations under this Agreement, Client shall provide Je’Sui Jeune with written notice of the breach and Je’Sui Jeune shall have thirty days to cure such breach.
The provisions of this Agreement that by their nature are reasonably intended to survive the Agreement’s termination and shall survive the termination of this Agreement. In addition, any of Client’s obligations under any provision of this Agreement which have accrued but have not been fully satisfied, performed or complied with prior to the termination of this Agreement shall survive the termination of this Agreement to the extent necessary for the full and complete performance of such provisions.
All notices, requests, consents, demands or other communications given under this Agreement shall be in writing and shall be deemed duly given and received (a) upon personal delivery to the party to whom it is directed; (b) seven days after being sent by certified or registered mail return receipt requested, to the party to whom it is directed, postage and charges pre-paid; (c) one business day after being sent by express overnight delivery by a national carrier to the party to whom it is directed; (d) upon being transmitted by facsimile to the party to whom it is directed so long as the sender retains the confirmation copy indicating that the facsimile was received by the party to whom its is directed; or (e) upon actual delivery if sent by electronic mail or any other electronic means (electronic mail or any other electronic means shall constitute a writing for purposes of this Agreement). All notices, requests, consents, demands and other communications (i) to Client shall be addressed at the addresses set forth in the Je’Sui Jeune Order Form and (ii) to Je’Sui Jeune, shall be addressed to sales@JeuneDerm.ca or the address set forth in the “contact us” section of www.JeSuiJeune.com
By placing an order and for all subsequent orders, you agree to accept all terms and conditions outlined in this document.
By placing an order, I declare that I have read and agree to the terms and conditions outlined by Je’Sui Jeune. I also declare that I am authorized to place orders and take full responsibility for acceptance and payment of all future orders placed by our account.
Right to Modify these Terms & Conditions
Je’Sui Jeune reserves the right to modify these Terms & Conditions at any time. By signing this initial agreement client agrees to all of its future modifications. The most current Terms & Conditions is posted online at wwww.JeuneDerm.ca in the purchaser partners section of the website (password required). Additionally, a current copy of the Terms & Conditions can be obtained by contacting Je’Sui Jeune at any time via the contact information contained herein.