1. Introduction
The following terms and conditions (referred to as both the “Terms and Conditions” and/or the “Agreement”) apply to The Avon Company Canada Limited (“Avon”) website (https://www.avon.ca) and all other sites, mobile sites, services, applications, platforms, and tools where these Terms and Conditions appear or are linked (collectively, the “Avon websites”). Avon provides its services to you (the “Customer”) subject to this Agreement. Please read these Terms and Conditions of Use (the “Agreement”) carefully before using this website. By using the Site, you agree to the Terms and Conditions. If you do not accept this Agreement and agree to these Terms and Conditions, then you may not use the Avon websites.
As used in this Agreement, and on the Site, “avon.ca, Avon, Avon website(s), We” refers to The Avon Company Canada Limited, a federally incorporated company with headquarters located at 5000 Trans-Canada Highway, Pointe-Claire, Quebec H9R 1B6. All content held on this website is the exclusive property of the Avon Company Canada Limited.
Please be advised that Avon reserves the right to change this Agreement, in whole or in part, from time to time at our sole discretion, and to provide you with notice of such change by any reasonable means, including without limitation posting the revised version of this Agreement on the Avon websites. Avon also reserves the right, at any time, to modify or update its Privacy Statement by using the same procedures. Customer confirms his or her acceptance of the modifications or updates by continuing to use the Avon websites. You can determine when this Agreement was last revised by referring to the “LAST UPDATED” legend at the top of this Agreement. You should always check this Agreement prior to using the Avon websites. You confirm your acceptance of the modifications or updates by continuing to use the Avon websites.
2. Definitions
For purposes of this Agreement, the following terms have the following meanings:
The “Avon Independent Sales Ambassador Contract” means Avon’s Independent Sales Ambassador Contract, collectively with the Avon Independent Sales Ambassador Terms and Conditions attached to or accompanying such contract.
An “Avon Independent Sales Ambassador” is an individual (a) who has agreed, pursuant to the terms of an Avon Independent Sales Ambassador Contract, to be an Avon independent sales ambassador, (b) who remains an active Avon independent sales ambassador in good standing, and (c) whose Avon Independent Sales Ambassador Contract or status as a Avon Independent Sales Ambassador has not been terminated.
3. Avon Independent Sales Ambassadors
If you are an Avon Independent Sales Ambassador, you acknowledge and agree that your use of the Avon websites is subject not only to this Agreement, but also to the terms and conditions contained in your Avon Independent Sales Ambassador Contract and the Avon Privacy Statement.
Avon Independent Sales Ambassadors are independent third-party contractors of Avon and are not otherwise affiliated with Avon. Avon is not responsible or liable for the statements, acts or omissions of Avon Independent Sales Ambassadors, whether through or in connection with the Avon websites, “offline,” or otherwise. Without limiting the foregoing, although Avon enables Avon Independent Sales Ambassadors to create personalized online sites that contain Avon branding and content and that may share URLs with certain Avon websites (for example, URLs such as “https://www.avon.ca/repstore/[repname]”), you acknowledge and agree that Avon has no control over, and is not responsible or liable for, any text, images, or other information or materials posted by Avon Independent Sales Ambassadors to such personalized online sites or any customizations made by Avon Independent Sales Ambassadors to such personalized online sites (such information, materials, and customizations, the “Avon Independent Sales Ambassador Content”) or any materials communicated by an Avon Independent Sales Ambassador to you. Avon has not taken any steps to confirm the accuracy or reliability of any Avon Independent Sales Ambassador Content or other materials communicated by an Avon Independent Sales Ambassador to you, and makes no representations or warranties as to the security of any communications between you and any Avon Independent Sales Ambassadors undertaken using Avon Independent Sales Ambassador Content (for example, email links posted by Avon Independent Sales Ambassadors).
4. Your Account
You may be required to register with Avon in order to access certain services or areas of the Avon websites, for example, to purchase Avon products or to make a payment to your Avon account through an Avon Website (each such purchase or other transaction, a “Transaction”). With respect to any such registration, we may refuse to grant you, and you may not use, a user name or email address that belongs to or is already being used by another person; that may be construed as impersonating another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. Your username and password are for your personal use only. You are responsible for maintaining the confidentiality of any password you may use to access the Avon websites, and you agree not to transfer your password or username, or lend or otherwise transfer your use of or access to the Avon websites, to any third party. You are fully responsible for all Transactions (including any information transmitted in connection with any Transactions) and other interactions with the Avon websites that occur in connection with your username. You agree to immediately notify Avon of any unauthorized use of your password or username or any other breach of security related to your account, your username or the Avon websites, and to ensure that you “log off” and exit from your account with the Avon websites (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations. In addition to all other rights available to Avon, Avon reserves the right, in its sole discretion, to terminate your account, refuse service to you, or cancel orders. By conducting a Transaction or creating a customer account, you are consenting to the collection, use and disclosure of your personal information, pursuant to this Agreement and The Avon Company Canada Limited Privacy Statement.
5. Your Use of Content and Limitation of Liability
Information Submitted Through the Avon Websites.
Your submission of information through the Avon websites is governed by Avon’s Privacy Statement (the “Privacy Statement”), located at https://www.avon.ca/information/privacy-statement.html. This Agreement incorporates by reference the terms and conditions of the Privacy Statement.
By submitting any information or material to the Avon websites, you represent, warrant and agree that:
any information or material that you provide in connection with your use of the Avon websites is true, accurate and complete, and that you will maintain and update such information as needed, such that the information remains true, accurate and complete;
you are at least fourteen (14) years old, and if you are between the ages of 14 and 19, you may use this Site only with involvement of a parent or guardian.
the use of the information or material that you supply does not violate this Agreement;
if you have provided contact information, Avon may contact you for your opinions, in connection with Transactions (as defined below) and for other matters related to the operations of Avon.
Restricted Uses.
The contents of the Avon websites are protected by copyright. All rights reserved. All content, design, text, graphics, images, logos, buttons, icons, interfaces, audio and video clips, and the selection and arrangements relating to the Avon websites are the exclusive property of Avon, or its respective content providers, and are protected by U.S., Canadian and international copyright laws. All software used on the Avon websites is the property of Avon or its respective software suppliers, and such software is protected by U.S. and international copyright laws and other laws and treaties. The compilation (meaning the collection, arrangement, and assembly) of all content on the Avon websites is the exclusive property of Avon and is protected by U.S. and international copyright laws. Except as stated herein, none of the material on the Avon websites may be copied, reproduced, distributed, republished, uploaded, displayed, posted or transmitted in any way whatsoever. Subject to your compliance with this Agreement, and solely for as long as you are permitted by Avon to access and use the Avon websites, you may download one (1) copy of any particular materials from the Avon websites for your own personal, non-commercial use, provided that you agree to abide by any copyright notice or other restrictions contained in or applicable to such materials, including any author attribution, copyright or trademark notice or restriction in any such material that you download. Modification of the materials, or use of the materials for any other purpose, whether commercial or noncommercial, is a violation of Avon’s copyright and other proprietary rights.
“Avon” and the other Avon trademarks, trade names, service marks and logos appearing on the Avon websites are proprietary trademarks of Avon or its Licensors. The use of any of our trademarks or any other content made available through the Avon websites, except as expressly provided in this Agreement, is strictly prohibited.
6. Rules of Conduct.
We expect users of the Avon websites to respect the law as well as the rights and dignity of others. While using the Avon websites you agree to comply with all applicable laws, rules and regulations. In addition, your use of the Avon websites is conditioned on your compliance with the rules of conduct set forth in this section, and failure to comply with these rules of conduct may result in termination of your access to the Avon websites pursuant to Section 19 below.
You agree not to:
Post, transmit, or otherwise make available through or in connection with the Avon websites:
Any information or materials that are or may be, or the posting, transmission or use of which is or may be: (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory or libelous; (c) fraudulent or tortious; or (d) obscene, indecent, pornographic, unlawful or otherwise objectionable;
Any information or material that infringes a third party’s copyright, patent, trademark, trade secret or other proprietary rights or right of publicity or privacy;
Any information or material that is known by you to be false, inaccurate or misleading;
Any information or material for which you were compensated or granted any consideration by any third party;
Any information or materials that includes references other websites, addresses, email addresses, contact information or phone numbers;
Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a violation of law; or that encourages or provides instructional information about illegal activities or activities such as “hacking,” “cracking,” or “phreaking”; any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or that may or is intended to damage, hijack, disable, interfere with, or disrupt the operation of, or monitor the use of, any hardware, software or equipment.
Any unsolicited or unauthorized advertisements, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation that is not expressly approved by Avon in advance.
Any personally identifiable information of another individual, without the prior consent of such individual. Any material, non-public information about a company, without the proper authorization to do so.
Use the Avon websites for any fraudulent or unlawful purpose including, but not limited to, any purpose resulting in violations of laws, regulations and orders governing export control, consumer protection, unfair competition, anti-discrimination or false advertising;
Use the Avon websites to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or to harvest or collect information about users of the Avon websites.
Impersonate any person or entity, including without limitation any representative of Avon; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Avon websites; or express or imply that we endorse any statement you make.
Interfere with or disrupt the operation of the Avon websites or the servers or networks used to make the Avon websites available; or violate any requirements, procedures, policies or regulations of such networks.
Restrict or inhibit any other person from using the Avon websites (including without limitation by hacking or defacing any portion of the Avon websites).
Use the Avon websites to advertise or offer to sell or buy any goods or services for any business purpose, without Avon’s express prior written consent.
Reproduce, duplicate, copy, sell, resell, link to or otherwise exploit for any commercial purposes, any portion of, use of, or access to, the Avon websites.
Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Avon websites.
Remove any copyright, trademark or other proprietary rights notice from the Avon websites or materials originating from the Avon websites.
Frame or mirror any part of the Avon websites.
Create a database by downloading and storing Avon websites content.
Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather Avon websites content or reproduce or circumvent the navigational structure or presentation of the Avon websites without Avon’s express prior written consent.
Additionally, you acknowledge and agree that you (and not Avon) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the Avon websites, and for paying all charges related thereto.
For the avoidance of doubt, Avon grants you a limited license to access and make personal use of the Avon websites and Avon websites’ content only for noncommercial purposes and only to the extent such use does not violate this Agreement. This license does not include any resale or commercial use of the Avon websites; any collection and use of any product listings, descriptions, or prices; any derivative use of the Avon websites; any downloading, copying, or other use of the Avon websites for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in this Agreement are reserved and retained by Avon and/or its content providers. The Avon websites may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Avon. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Avon without express written consent. You may not use any meta tags or any other “hidden text” utilizing Avon's name or trademarks without the express written consent of Avon. You may not misuse the Avon websites. You may use the Avon websites only as permitted by law. The licenses granted by Avon terminate if you do not comply with this Agreement and/or any other Avon websites’ Terms & Conditions.
Graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Avon Website are trademarks or trade dress of Avon or its licensors. Avon’s trademarks and trade dress may not be used in connection with any product or service that is not Avon’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Avon. All other trademarks not owned by Avon that appear on any Avon website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Avon.
7. Colors
Avon has made every reasonable effort to display as accurately as possible the colors of the products that appear on the Avon websites. However, the actual colors you see will depend on a number of factors including the monitor that you use and the settings on the monitor. Avon does not guarantee that the display of any color will be accurate. If for any reason you are unsatisfied with your experience on the Avon websites, please contact us. If for any reason you are not satisfied with any products you purchase on the Avon websites you can return them to our warehouse or any of our stores, and any refunds or credits due shall be provided in accordance with our Return Policy.
8. Ratings, Forums and Submissions.
Avon may offer features through the Avon websites that enable you to post information and materials publicly, for example, product ratings and reviews, bulletin boards, chat areas, and similar forums (collectively referred to herein as “Ratings and Forums”). All of the rules of conduct described in Section 6 above apply to the Ratings and Forums. Additionally, without Avon’s express prior written consent, you may not use the Ratings and Forums for any commercial purposes, including the promotion or advertisement of any goods, services or opportunities, and you may not use the Forums to solicit other Avon websites visitors or users to visit or become members of, subscribe to or register with any commercial online service or other organization.
When you submit or make available any information or materials through the Ratings and Forums or otherwise through any Avon websites (“Submissions”), you acknowledge and agree that those Submissions will be non-proprietary and non-confidential, may be made available to the general public, and may be used by Avon without restriction. You grant to Avon the worldwide, perpetual, royalty-free, irrevocable, nonexclusive right and license, sublicensable through multiple tiers, without compensation to you, to use, reproduce, distribute (through multiple tiers), adapt (including without limitation edit, modify, translate and reformat), create derivative works of, transmit, publicly display, publicly perform, digitally perform, make, have made, sell, offer for sale and import all Submissions, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section with respect to each Submission, and that your provision of Submissions through the Ratings and Forums or otherwise through the Avon websites complies with all applicable laws, rules and regulations. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that you may have under any applicable law or under any legal theory. This section will survive termination of this Agreement for any reason.
We reserve the right, at our sole discretion, to edit any Submission and to choose to include or not include such Submission in the Ratings and Forums or otherwise in the Avon websites. The Ratings and Forums include the opinions, statements and other content of third parties, including Avon Independent Sales Ambassadors. We are not responsible for screening, monitoring or verifying such content, including such content’s accuracy, reliability or compliance with copyright or other laws. Any opinions, statements or other materials made available by third parties (including Avon Independent Sales Ambassadors) through the Ratings and Forums or otherwise through the Avon websites are those of such third parties and not of Avon, and Avon does not endorse any such opinions, statements or materials. We may remove objectionable statements or other content from the Avon websites at any time if we deem removal to be warranted. Please understand that removal or editing of any Submission or other materials may not occur immediately.
You acknowledge and agree that Avon has no control over, and shall have no liability for any damages resulting from, the use (including without limitation re-publication) or misuse by any third party of information voluntarily made public through the Ratings and Forums or any other part of the Avon websites. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE RATINGS AND FORUMS OR OTHERWISE THROUGH THE AVON WEBSITES, YOU DO SO AT YOUR OWN RISK.
Although Avon cannot monitor all Comments, Avon reserves the right (but not the obligation), in its sole discretion, to remove or edit any Comment that appears on the Avon websites for any reason and at any time. Nevertheless, you are solely responsible for any Comments you submit, post, or otherwise make available on or through the Avon websites, and you agree to indemnify Avon for all claims resulting from any such Comments. Avon has no obligation (1) to maintain any Comment in confidence; (2) to pay any person any compensation for any Comment; or (3) to respond to any Comment.
Avon does not claim ownership of any Comment. However, you agree that Avon is free to use any Comment for the purpose of providing you and others with the use of the Avon websites, with associated products and services, and with Avon’s (and its successors' and assigns)' business. You grant Avon a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive, fully sublicensable right to use, reproduce, create derivative works from, modify, adapt, publish, edit, translate, distribute, perform, and display the Comment throughout the world in any media now known or hereafter developed. You also grant Avon the right to use the name and any other identification information that you submit, post, or otherwise make available in connection with the Comment.
You represent and warrant that:
Avon takes no responsibility and assumes no liability for any Comment or other content posted by you or any third party.
9. Sweepstakes, Contests, and Similar Promotions.
Any sweepstakes, contest, or similar promotion made available through any Avon websites may be governed by specific rules that are separate from this Agreement. By participating in any such sweepstakes, contest, or promotion, Avon will ask you to agree to become subject to those rules, which may vary from the terms and conditions set forth herein. Avon urges you to read the applicable rules which will be linked from the particular activity, and to review the Privacy Statement, which, in addition to this Agreement, will govern any information you submit in connection with such activities.
10. Intended Audience.
Avon, together with The Avon Company, an affiliated Company, control and operate the Avon websites, and the Avon websites are not intended to be subject Avon to the laws or jurisdiction of any state/province, country or territory other than those of the United States or Canada, as applicable. Unless otherwise specified, materials made available through the Avon websites are presented solely for the purpose of providing services and promoting products available in the United States or Canada. Avon makes no representation or warranty that any Avon website, in whole or in part, or any products, services, or materials made available through the Avon websites, are appropriate or available for use in other locations. Those who choose to access the Avon websites from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws, rules and regulations, if and to the extent local laws, rules or regulations are applicable.
11. Links to or From Other Sites.
The Avon websites may contain links to other sites on the Internet that are owned or operated by third party vendors and other third parties (the “Outside Sites”). Avon is not responsible for the availability of, or the content located on or through, any Outside Site. We cannot ensure your satisfaction with any products or services that are available through any Outside Sites linked from the Avon websites because these Outside Sites are owned and operated by independent entities. We do not endorse any of those products or services, nor have we taken any steps to confirm the accuracy or reliability of any of the information, made available through any Outside Sites. We make no representations or warranties as to the security of any information (including without limitation credit card and other personal information) that you may provide or be requested to provide to any third party, whether through such an Outside Site or otherwise. You should contact the site administrator or Webmaster for those Outside Sites if you have any concerns regarding such links or the content located on such Outside Sites.
YOU AGREE THAT YOUR USE OF OUTSIDE SITES AND RESOURCES AND ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, SERVICES, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH SITES AND RESOURCES IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
Avon permits certain third party links to the home page of its site, provided that Avon is provided with notice of such links and does not thereafter object to such linking. No links or “deep links” are permitted to any page other than the avon.ca home page without the prior written consent of Avon and Avon reserves the right to revoke unilaterally any consent that it may at any time give to any linkage, including linkages to the home page.
Avon shall have the right, at any time and at its sole discretion, to block links to the Avon websites through technological or other means without prior notice.
12. Disclaimer of Warranties.
Avon does not represent or warrant that the information accessible through the Avon websites is accurate, complete or current or that any advice or any particular product will achieve any result of any kind. Price and availability information contained on the Avon websites is subject to change without notice. Avon shall not be bound by any errors or omissions in posting product information or prices with respect to any products or services offered on the Avon websites.
All materials and information presented by Avon on the Avon websites are intended to be used for informational purposes only. The products promoted on the Avon websites, including cosmetic products, are not intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease, and are not intended to affect the structure of or any function of the human body. The results reported, if any, may not necessarily occur in all individuals. Please consult with your own physician or health care practitioner regarding any suggestions and recommendations made at the Avon websites.
In providing product information to its customers, Avon may rely in part on product descriptions furnished by manufacturers, wholesalers, and other third parties. If you believe that any information is not accurate, please Contact Us.
Avon cannot and does not represent or warrant that the Avon websites or its server will be error-free, uninterrupted, free from unauthorized access (including third-party hackers or denial of service attacks), or otherwise meet your requirements.
THE AVON WEBSITES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. AVON MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH THE AVON WEBSITES. ANY RELIANCE ON OR USE OF SUCH MATERIALS SHALL BE AT YOUR SOLE RISK. AVON MAKES NO REPRESENTATION OR WARRANTY (A) REGARDING THE STATEMENTS, ACTS OR OMISSIONS OF ANY AVON INDEPENDENT SALES AMBASSADORS; (B) THAT THE AVON WEBSITES WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO THE AVON WEBSITES WILL BE UNINTERRUPTED, ERROR FREE OR SECURE; (C) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (D) THAT THE AVON WEBSITES OR THE SERVERS OR NETWORKS THROUGH WHICH THE AVON WEBSITES ARE MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
While we try to maintain the integrity and security of the Avon websites and the servers from which the Avon websites are operated, the Avon websites may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Avon websites. If you become aware of any unauthorized third party alteration to the AVON websites, contact us at montreal.cpo@avoncanada.com with a description of the material(s) at issue and the URL or location on the applicable Avon websites where such material(s) appear.
NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS HEREIN DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM COMPANY INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.
13. Limitation of Liability.
IN NO EVENT SHALL AVON , ITS SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS OR AMBASSADORS (THE FOREGOING ENTITIES, COLLECTIVELY, THE “AVON ENTITIES”) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF (A) THIS AGREEMENT, (B) THE AVON WEBSITES, (C) YOUR USE OF OR INABILITY TO USE THE AVON WEBSITES, OR (D) THE ACTS OR OMISSIONS OF AVON INDEPENDENT SALES AMBASSADORS, IN EACH EVENT, EVEN IF AVON OR SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. AVON IS NOT RESPONSIBLE FOR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS, TRANSMISSIONS OR DATA OR FOR ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED. AVON IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY (INCLUDING WITHOUT LIMITATION ANY AVON INDEPENDENT SALES AMBASSADOR), OR ANY INFRINGEMENT BY A THIRD PARTY OF ANOTHER’S INTELLECTUAL PROPERTY, PRIVACY OR OTHER RIGHTS. IN NO EVENT SHALL AVON ‘S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING FROM OR RELATED TO THIS AGREEMENT, THE AVON WEBSITES, OR YOUR USE OF OR INABILITY TO USE THE AVON WEBSITES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING OR ACCESSING THE AVON WEBSITES.
NOTWITHSTANDING THE FOREGOING, THESE LIMITATIONS OF LIABILITY HEREIN DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM COMPANY INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.
14. Purchases, Order Acceptance, Shipping and Refunds
You may be asked to supply certain information relevant to your Transaction, including without limitation your credit card number, your credit card verification or other security code, the expiration date of your credit card, your billing address and your shipping information. Any such information provided through the Avon Websites will be treated by Avon in accordance with this Agreement and the Privacy Statement. Verification of information may be required prior to the acknowledgment or completion of any Transaction. You represent and warrant that you have the legal right to use any credit card(s) or other payment means used to initiate any transaction. On Avon Websites, you will be asked to supply certain personal information such as contact information and preferences to create a customer account, and you will be attached to an Avon Independent Sales Ambassador in your area through whom you may purchase products or services from Avon and/or its affiliates.
The receipt of an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Such receipt also does not constitute a confirmation that the product or service is in stock or otherwise available on the price and terms published on the Avon websites, or published in any catalog or other advertisement. Avon reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any Customer for any reason, including limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified as potential fraud. The advertised prices featured online (errors and omissions excluded) are Avon’s retail prices for each campaign only. All prices exclude applicable taxes. Avon reserves the right to limit the quantity of items purchased per person, per household or per order for any reason; and these restrictions may apply to orders placed by the same account, the same credit card, and also to orders that use the same billing address and/or shipping address. Avon also reserves the right, in our sole discretion, to either prohibit sales or limit quantities of sales to dealers or resellers. For purposes of this Agreement, reselling shall be defined as purchasing or intending to purchase any item from Avon for the purpose of engaging in a commercial sale of that same item with a third party. With respect to items sold by Avon, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Avon is higher than our stated price, we will at our discretion, either contact you for instructions before shipping or cancel your order. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. Pricing for items on avon.ca may be different from prices available in relevant mobile applications (pricing and availability remain subject to confirmation at checkout for mobile users). Verification of order and customer information may be required prior to the acceptance of any order. Avon is not obligated to fulfill any order and may refuse any order. Alternatively, Avon may accept the order and notify the Customer of an estimated time for shipment (in which case the order shall be deemed to remain open until delivery). Charges to Customer's credit card shall only be processed for collection when a shipment has been made. Any shipping and handling charges which are imposed may reflect estimated or average amounts required to cover the cost of shipping and handling and need not reflect the exact cost of the specific order. Same day delivery may be available in a limited geographic area. Applicable taxes and delivery fees will apply. The delivery fee does not include voluntary tip(s) or gratuity provided to the courier. In the event of an authorized return of any goods sold from the Avon websites (whether at a store or to the avon.ca Returns Department), Avon is not obligated to include a refund of any shipping and handling charges or delivery charges except when the return is for defective product and Avon shall have the option to refund any amount owing to Customer by either crediting the charge card used for payment or mailing a check to the Customer at the address shown on the related order.
Avon reserves the right, with or without prior notice, (a) to change product or service descriptions, images and references; (b) to limit the available quantity of any product or service; (c) to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code, incentive offer or other promotion; (d) to prevent or prohibit any user or customer from making any or all Transaction(s); and/or (e) to refuse to provide any user or customer with any product or service. Price and availability of any product or service offered through the Avon Websites are subject to change without notice, and Avon shall not be responsible for errors in the prices or descriptions of such products or services. Refunds and exchanges will be subject to Avon 's refund and exchange policies then in effect. You agree to pay all charges that may be incurred by you or on your behalf through the Avon Websites, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
15. Risk of Loss
The risk of loss for and title to products purchased on the Site passes to the purchaser upon delivery to the carrier.
16. Indemnification.
You will indemnify and hold the Avon Entities harmless from and against any and all claims, actions, demands, causes of action and other proceedings arising from or related to any of the following (the “Claims”): (a) your misuse of, inability to use, or activities in connection with the Avon websites; (b) any violation of this Agreement or any other Avon terms, conditions or policies by you or through any account you may have with any Avon website; (c) any Transaction; (d) any allegation that any Submission or other materials that you make available through the Avon websites infringe or otherwise violate the intellectual property, privacy, or other rights of any third party; or (e) your violation of any rights of any Avon websites visitor, user, or customer, or any other third party; and you agree to reimburse the Avon Entities on demand for any damages, losses, costs, judgments, fees, fines and other expenses they incur (including attorneys’ fees and court costs) as a result of any Claim(s). This provision does not require you to indemnify any of the Avon Entities for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with any Avon websites or any content provided hereunder.
17. SMS Terms and Conditions
By texting Avon from your mobile phone, you agree to receive recurring messages from Avon on your mobile phone. Consent is not a condition of purchase.
Reply STOP to cancel or HELP for help. Customer Service: 800-265-2866. Standard message and data rates may apply. The mobile carriers are not liable for delayed or undelivered messages.
18. Termination and Enforcement.
This Agreement is effective until terminated by Avon. You agree that Avon, at its sole discretion, may terminate your access to or use of the Avon websites, at any time and for any reason, including without limitation if Avon believes that you have violated or acted inconsistently with the letter or spirit of this Agreement (including but not limited to your failure to comply with the rules of conduct set forth in Section 6 above). Upon any such termination, your right to use the Avon websites will immediately cease. You agree that any termination of your access to or use of the Avon websites may be effected without prior notice and that Avon may immediately deactivate or delete any user name and/or password used by or provided to you, and all related information and files associated therewith, and/or bar any further access to such information or files. You agree that Avon shall not be liable to you or any third party for any termination of your access to the Avon websites or to any such information or files, and shall not be required to make such information or files available to you after any such termination. Avon reserves the right to takes steps that Avon believes are necessary or appropriate to enforce and/or verify compliance with this Agreement (including without limitation in connection with any legal process relating to your use of the Avon websites and/or a third party claim that your use of the Avon websites is unlawful or violates such third party’s rights).
19. Claims of Copyright Infringement.
Avon respects the intellectual property of others. If you believe that your work has been copied on our Site in a way that constitutes copyright infringement, please follow the instructions below in our Notice and Procedure for Copyright Infringement Claims to contact us to report possible copyright infringement.
Avon’s policy is to respond promptly to claims of copyright infringement on our Site. If you believe that your work has been copied on our websites in a way that constitutes copyright infringement, please submit a notification to: The Avon Company Canada Limited Attn: Office of the General Counsel, 5500 Trans-Canada Highway, Pointe-Claire, Quebec H9R 1B6, including the following information:
The physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest;
Identify and describe the copyrighted work(s) that you claim has been infringed;
A description of your interest or right in the work or subject-matter;
A description of the location on the Site of the material that you claim to be infringing;
Your name, address, telephone number, and email address;
A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A description of the alleged infringement that is claimed;
Specification of the date and time of the claimed infringement; and
A statement by you, made under penalty of perjury, that the information in your notification to Avon is accurate and that you are authorized to act on behalf of the copyright owner.
If the notice includes any of the below information, Avon may not forward the letter to the alleged infringer:
An offer to settle the claimed infringement;
A request or demand, made in relation to the claimed infringement, for payment or for personal information; and
A reference, including by way of hyperlink, to such an offer, request or demand.
Upon receipt of a valid notification of alleged copyright infringement by a third party, Avon’s policy is to, as soon as possible, forward the written notification, as per sections 41.25-41.27 of the Copyright Act, to the alleged infringer, and inform the copyright owner once this has been done. Avon will also keep information that could be used to determine the infringer's identity for at least six months and will not unlawfully disclose any personal information.
Avon's role in the notice and notice regime is to comply with the Copyright Act, which requires that it send the notice to the user and retain records. Avon has no knowledge of the accuracy of any notice that is sent or received, and we do not know what further steps its sender will take, if any. Further, if we send a notice, it does not mean there has been a legal ruling (which will have to be determined by a Court).
20. Information or Complaints.
If you have a question or complaint regarding the Avon websites, please send an email to montreal.cpo@avoncanada.com. You may also contact us by writing to The Avon Company Canada Limited ,Attn: Office of the General Counsel, 5500 Trans Canada Highway, Pointe-Claire, Quebec H9R 1B6.
21. Agreement To Arbitrate Disputes And Choice Of Law.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JUDGE HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
WE BOTH AGREE TO ARBITRATE: You and Avon agree to resolve any claims relating to this Agreement through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate Avon’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances we may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Avon website, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
ARBITRATION PROCEDURES: With the exception of Quebec consumers, the Ontario Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. With respect to Quebec consumers, the Quebec Civil Code governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures in front of one arbitrator. If there is a conflict between JAMS Rules and the rules set forth in this Agreement, the rules set forth in this Agreement will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at https://www.jamsadr.com or 1-800-352-5267. To initiate arbitration, you or Avon must do the following things:
Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.
Send three copies of the Demand for Arbitration, plus the appropriate filing fee to your local JAMS office or to JAMS, 77 King Street West, Suite 2020, Toronto, ON M5K 1A1.
Send one copy of the Demand for Arbitration to the other party.
Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. If travelling to the City of Toronto (or the City of Montreal, for Quebec consumers) is a burden, you may participate in the arbitration by phone, video or via document submission to the fullest extent allowable by the arbitrator. Each party will bear their own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden and in that case, we will pay for your portion of the arbitration administrative costs (but not your attorneys’ fees). Arbitration under this agreement shall be held in Toronto, Ontario under Ontario law (or Montreal, Quebec under Quebec law for Quebec consumers) without regard to its conflict of laws provisions. The arbitrator may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of you and Avon, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and this Agreement. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Avon.
NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
WAIVER OF COURT PROCEEDINGS: THE PARTIES HEREBY WAIVE THEIR RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Avon in any Canadian court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND AVON WAIVE ALL RIGHTS TO A TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
OPT-OUT OF AGREEMENT TO ARBITRATE: You can decline this agreement to arbitrate by emailing Avon at avon_arbitration@avonusa.com and providing the requested information as follows: (1)Your Name; (2) the URL of Terms of Use; (3) Your Address; (4) Your Phone Number; (5) and clear statement that you wish to opt out of this arbitration provision in the Terms of Use. The Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms of Use by using the website.
CHOICE OF LAW/FORUM SELECTION: In any circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, this Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario (or the Province of Quebec for Quebec consumers), excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in Toronto, Ontario (or Montreal, Quebec for Quebec consumers). To the fullest extent permitted by law, and if you are based in Quebec, you further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in Montreal, Quebec.
22. Miscellaneous.
If any provision of this Agreement shall be deemed to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Avon. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This Agreement, together with all agreements and statements referred to herein and incorporated herein by reference, is the entire agreement between you and Avon relating to the subject matter hereof and, except as otherwise provided herein, supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Avon relating to such subject matter. Notices to you may be made by posting a notice (or a link to a notice) to any Avon website, by email, or by regular mail, at Avon’s discretion. Without limitation, you agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
23. Privacy Statement.
Read our Privacy Statement.
This Agreement ©2024 The Avon Company Canada Limited. All rights reserved.