• General Terms and Conditions of Use
• General Terms and Conditions of Sale
• Privacy Policy
• Return Policy
• Policy Updates

IMPORTANT! YOUR ACCESS TO THIS WEBSITE AND YOUR PURCHASE OF PRODUCTS ON THIS WEBSITE IS SUBJECT TO THESE GENERAL TERMS AND CONDITIONS OF USE. CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS BEFORE PROCEEDING. ACCESSING THIS WEBSITE, OR PURCHASING A PRODUCT BY CLICKING THE “I ACCEPT” BUTTON, IS THE EQUIVALENT OF YOUR SIGNATURE AND INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND THAT YOU INTEND TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS WEBSITE AND DO NOT PURCHASE ANY PRODUCT FROM THIS WEBSITE.

The general terms and conditions of use (the “Terms of Use”) is an agreement between you (“You”) and MIYU Beauty Corp. (“MIYU Beauty”), governing the use of www.miyubeauty.com (the “Website”) owned by MIYU Beauty. “We” and “Us” means both You and MIYU Beauty. The effective date of these Terms of Use is when You accept or are deemed to accept these Terms of Use in accordance with the procedure set out in these Terms of Use. These electronic Terms of Use shall be the equivalent of a written paper agreement between Us.

You consent to the exchange of information and documents between Us electronically over the Internet or by e-mail. If You have an account profile with MIYU Beauty, MIYU Beauty will send You information and documents to the e-mail address in Your account profile on the Website. You will send information and documents to MIYU Beauty by email to shop@miyubeauty.com.

OWNERSHIP AND COPYRIGHT

You acknowledge that any and all information, content, reports, data, databases, graphics, interfaces, web pages, text, files, software, product names, company names, trade-marks, logos, trade names and any other intellectual property contained on this Website (collectively the “Content”) including the manner in which the Content is presented or appears and all information relating thereto, are the property of their respective owners as indicated, MIYU Beauty or its licensors, as the case may be. The Content is protected by copyright.

MIYU Beauty grants You a personal, non-transferable and non-exclusive license to access and read the Content.

You agree that You will not:

(a) distribute the Content for any purpose including, without limitation by compiling an internal database, or by redistributing or reproducing the Content by the press or media or through any commercial network, cable or satellite system;

(b) create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, modify, copy, bundle, sell, sub-license, export, merge, transfer, adapt, loan, rent, lease, assign, share, outsource, host, publish, make available to any person or otherwise use, either directly or indirectly, the Content in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise; or

(c) allow any third-party to access the Content.

You give MIYU Beauty a non-exclusive, perpetual worldwide license to use, modify, and copy any content You post on the Website (“User Generated Content” or “UGC”). You waive all moral rights in any UGC. You will not post UGC that infringes any intellectual property including copyright or trademark, contains any defamatory statements, includes false or misleading statements, or depicts people without their permission.

LIMITATIONS ON LIABILITY AND DISCLAIMERS

This Website and its Content are not to be construed as a form of promotion or an offer to sell any product or service.

This Website may contain links to other sites. MIYU Beauty does not assume responsibility for the accuracy or appropriateness of the information, data, opinions, advice, or statements contained at such sites, and when You access such sites, You are doing so at Your own risk. In providing links to the other sites, MIYU Beauty is in no way acting as a publisher or disseminator of the material contained on those other sites and does not seek to monitor or control such sites. A link to another site should not be construed to mean that MIYU Beauty is affiliated or associated with same. MIYU Beauty does not recommend or endorse any of the Content, including without limitation any hyper-links to or content found, on other websites. The mention of another party or its product or service on this Website should not be construed as an endorsement of that party or its product or service.

You are solely responsible for the retrieval and use of the Content. You should apply Your own judgment in making any use of any Content, including, without limitation, the use of the Content as the basis for any conclusions.

The Content is provided for informational purposes only and should not be interpreted as a recommendation for any specific product or service, use or course of action. The Content on this Website is not intended to be used as a substitute of any kind for advice given by a physician, pharmacist, or other licensed health-care professional.

IN NO EVENT WILL MIYU BEAUTY, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO: DAMAGES FOR LOSS OF USE, LOST PROFITS OR LOST SAVINGS, EVEN IF MIYU BEAUTY OR ANY OF ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.

MIYU Beauty assumes no obligation to update the Content on this site. The Content on this site may be changed without notice to You. MIYU Beauty is not responsible for any Content that You may find undesirable or objectionable. MIYU Beauty disclaims any liability for unauthorized use or reproduction of any portion of the Website.

Accessing the Content from territories where it may be illegal is prohibited.

INDEMNITY

You agree at all times to indemnify, defend and hold harmless MIYU Beauty, its agents, suppliers, affiliates and their respective directors and employees against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by MIYU Beauty directly or indirectly in respect of:

1. any UGC You provide on or through this Website or which is sent to MIYU Beauty electronically; or
2. Your use or misuse of the Content or this Website.

TERMINATION

MIYU Beauty may terminate these Terms of Use for any reason without notice within its sole discretion. Any such termination by MIYU Beauty shall be in addition to and without prejudice to such rights and remedies as may be available to MIYU Beauty, including injunction and other equitable remedies.

Any terms of these Terms of Use which contemplate survival beyond termination shall survive, except to the extent not permitted by law.

GOVERNING LAW and ATTORNMENT

These Terms of Use shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein.

For the purpose of all legal proceedings these Terms of Use shall be deemed to have been performed in the Province of Ontario and the courts of the Province of Ontario shall have jurisdiction to entertain any action arising under these Terms of Use. The parties agree to attorn and submit to the exclusive jurisdiction of the Courts of the Province of Ontario.

Type of Proceeding

You agree to waive any right You may have to: (i) a trial by jury; and (ii) commence or participate in any class action against MIYU Beauty related to the Content or these Terms of Use and, where, applicable, You also agree to opt out of any class proceedings against MIYU Beauty.

Notices

Every notice that MIYU Beauty is required or permitted to be given or made under these Terms of Use to You shall be written and shall be made to the email address in Your account profile with www.miyubeauty.com. Every notice that You are required or permitted to be given or made under these Terms of Use to MIYU Beauty shall be written and shall be made to shop@miyubeauty.com. You can contact MIYU Beauty by mail at 1200 Bay Street, Suite 202, Toronto, Ontario, M5R 2A5, or by phone at (647) 781-6828.

Amendment

MIYU Beauty reserves the right to change these Terms of Use at any time. As a result, MIYU Beauty requests that You read this section from time to time in order to be informed of possible changes in these Terms of Use. Each time these Terms of Use are modified, the date of the Terms of Use will be updated to reflect that changes were made. MIYU Beauty will provide You with at least 30 days’ notice before the update takes effect. In addition to modifying the date, MIYU Beauty will post all updates to these Terms of Use on the “Legal” page of the Website.

Severability

Any provision of these Terms of Use that is prohibited or unenforceable in any jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such prohibition or unenforceability and shall be severed from the balance of these Terms of Use, all without affecting the remaining provisions of these Terms of Use or affecting the validity or enforceability of such provision in any other jurisdiction.

TERMS AND CONDITIONS OF SALE

IMPORTANT! YOUR ACCESS TO THIS WEBSITE AND YOUR PURCHASE OF PRODUCTS ON THIS WEBSITE IS SUBJECT TO THESE GENERAL TERMS AND CONDITIONS OF SALE. CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS BEFORE PROCEEDING. ACCESSING THIS WEBSITE, OR PURCHASING A PRODUCT BY CLICKING THE “I ACCEPT” BUTTON, IS THE EQUIVALENT OF YOUR SIGNATURE AND INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND THAT YOU INTEND TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS WEBSITE AND DO NOT PURCHASE ANY PRODUCT FROM THIS WEBSITE.

The general terms and conditions of sale (the “Terms of Sale”) is an agreement between you (“You”) and Miyu Beauty Corp. (“MIYU Beauty”), governing sale of merchandise (the “Merchandise”) by MIYU Beauty to You through www.miyubeauty.com (the “Website”) owned by MIYU Beauty. “We” and “Us” means both You and MIYU Beauty. The effective date of these Terms of Sale is when You accept or are deemed to accept these Terms of Sale in accordance with the procedure set out in these Terms of Sale. These electronic Terms of Sale shall be the equivalent of a written paper agreement between Us.

ORDERS

All orders are subject to written acceptance by MIYU Beauty. All orders will be confirmed by MIYU Beauty, in writing, by e-mail copy of the online contract, within 15 days after the date the agreement is formed. You will be given the opportunity to correct errors before the formation of the online contract is completed; however, the e-mail which includes the online contract will be the final agreement between MIYU Beauty and You, as described under the “Binding Agreement” heading below.

PRICES

Prices of Merchandise may change without notice. The applicable taxes in Canada have been applied to taxable items in accordance with applicable laws. All prices are exclusive of customs, import duties and other applicable taxes.

SHIPPING COSTS

You are responsible for the shipping costs associated with the delivery to You of the Merchandise posted on the Website. Estimated shipping rates can be found here.

WARRANTIES

MIYU BEAUTY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED IN THIS WEBSITE OR AS TO THE MERCHANDISE BEING SOLD TO YOU. TO THE FULLEST EXTENT PERMISSABLE BY LAW, MIYU BEAUTY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICUALR PURPOSE, AND THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION OF THE MERCHANDISE CONTAINED ON THE ORDER CONFIRMATION. MIYU BEAUTY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO: DAMAGES FOR LOSS OF USE, LOST PROFITS OR LOST SAVINGS, EVEN IF MIYU BEAUTY OR ANY OF ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.

BINDING AGREEMENT

MIYU Beauty’s confirmation of these Terms of Sale will be deemed the final agreement between MIYU Beauty and You and no other understanding, waivers, oral agreement or modifications will be binding except by written agreement signed by MIYU Beauty and You.

TERMINATION

MIYU Beauty may terminate these Terms of Sale for any reason without notice within its sole discretion. Any such termination by MIYU Beauty shall be in addition to and without prejudice to such rights and remedies as may be available to MIYU Beauty, including injunction and other equitable remedies.

Any terms of these Terms of Sale which contemplate survival beyond termination shall survive, except to the extent not permitted by law.

GOVERNING LAW and ATTORNMENT

These Terms of Sale shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein.

For the purpose of all legal proceedings these Terms of Sale shall be deemed to have been performed in the Province of Ontario and the courts of the Province of Ontario shall have jurisdiction to entertain any action arising under this Agreement. The parties agree to attorn and submit to the exclusive jurisdiction of the Courts of the Province of Ontario.

Type of Proceeding

You agree to waive any right You may have to: (i) a trial by jury; and (ii) commence or participate in any class action against MIYU Beauty related to the Content or these Terms of Sale and, where, applicable, You also agree to opt out of any class proceedings against MIYU Beauty.

Notices

Every notice that MIYU Beauty is required or permitted to be given or made under these Terms of Sale to You shall be written and shall be made to the email address in Your account profile with www.miyubeauty.com. Every notice that You are required or permitted to be given or made under these Terms of Sale to MIYU Beauty shall be written and shall be made to shop@miyubeauty.com. You can contact MIYU Beauty by mail at 1200 Bay Street, Suite 202, Toronto, Ontario, M5R 2A5, or by phone at (647) 781-6828.

Amendment

MIYU Beauty reserves the right to change these Terms of Sale at any time. As a result, MIYU Beauty requests that You read this section from time to time in order to be informed of possible changes in these Terms of Use. Each time these Terms of Use are modified, the date of these Terms of Use will be updated to reflect that changes were made. MIYU Beauty will provide You with at least 30 days’ notice before the update takes effect. In addition to modifying the date, MIYU Beauty will post all updates to these Terms of Sale on the “Terms & Privacy” page of the Website.

Severability

Any provision of these Terms of Sale that is prohibited or unenforceable in any jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such prohibition or unenforceability and shall be severed from the balance of this Agreement, all without affecting the remaining provisions of this Agreement or affecting the validity or enforceability of such provision in any other jurisdiction.

PRIVACY POLICY

MIYU Beauty Corp. (“MIYU Beauty”) has developed policies and procedures (the “Privacy Policy”) to protect our customer’s (“You”) personal information and to ensure that MIYU Beauty complies with current privacy legislation in Canada.

MIYU Beauty reserves the right to change the Privacy Policy at any time. As a result, MIYU Beauty requests that You read this section from time to time in order to be informed of possible changes in the MIYU Beauty’s Privacy Policy. If the Privacy Policy changes, and personal information is collected for a purpose that is different from that stated at the time that it was originally collected, You will have the ability to choose whether the information previously collected can be used for such additional purposes.

Each time the Privacy Policy is modified, the date of the Privacy Policy will be updated to reflect that changes were made. MIYU Beauty will provide You with at least 30 days notice before the update takes effect. In addition to modifying the date, MIYU Beauty will post all updates to the Privacy Policy on the “Terms & Privacy” page of www.miyubeauty.com (the “Website”).

TYPE OF INFORMATION COLLECTED

MIYU Beauty may collect the following personal information from You when You create an account or make an online purchase on the Website: name, e-mail address, shipping address, billing address, phone number, encrypted credit card information and product interest information.

You may consent to the use of personal information and You may withdraw consent to the use of this information (excluding purchase history information) at any time (subject to reasonable notice and the legal obligations MIYU Beauty is subject to). If no explicit consent is provided, Your consent is implied. You may withdraw consent by contacting MIYU Beauty at the contact information provided below. Please note that withdrawing consent may result in a reduction in access to the Website and to the specific features of the Website customized to You based on personal information previously provided.

USE OF PERSONAL INFORMATION

MIYU Beauty will use the personal information collected by it for the following reasons:

• To process purchase made on the MIYU Beauty Website and to provide You with status updates;

• To improve MIYU Beauty’s Website features and content;

• To analyze Website usage;

• For market research;

• To send You promotional materials and other information ONLY at Your request;

• To respond to Your comments or questions; and

• To provide You with content that is customized to Your interests based on the information You have provided to us and Your activities on the site.

USE OF COOKIES

When You navigate the Website, small files called ‘cookies’ may be attached to Your web browser. These files identify Your web browser and save information such as passwords so that websites can recognize You. You can set Your browser to disable cookies, but some websites may not work properly if You do this.

MIYU Beauty uses the following types of cookies:

• Session cookies - These are used as an integral part of the identification process for some of MIYU Beauty’s online applications. This is for security purposes to determine that You are who You say You are and to provide You with Your confidential account information during an online session. No personal information is kept in session cookies and they are stored only in Your browser's temporary (cache) memory. When You log out of Your session, the cookie is no longer valid and is discarded when You close Your browser.

• Persistent cookies - These are more permanent and can be re-read when You return to the site that placed them on Your computer. The information in them is written onto Your hard drive and remains there until the expiry date of the cookie. They are used to identify and provide personalized features (for example, to help MIYU Beauty remember which official language You prefer) and for tracking traffic patterns to and from the Website.

If You wish to use miyubeauty.com without cookies enabled, please visit About Cookies for instructions on how to disable cookie usage on your web browser. Disabling cookies will still allow you to use the basic ecommerce features of miyubeauty.com, though we cannot guarantee an optimum experience.

MIYU Beauty uses Google Analytics. Google Analytics, a Web analytics service provided by Google Inc., helps to measure traffic patterns to, from, and within the Website and uses cookies to collect aggregated information about You. Information collected by Google Analytics is stored on Google servers in the United States and may be subject to the governing legislation in that country (for example, the USA Patriot Act). Your IP address is anonymized prior to being stored on Googles' servers in order to help safeguard Your privacy. For further information about Google Analytics, please refer to their privacy policy.

If You wish, You may opt out of being tracked by Google Analytics by disabling or refusing the cookies; by disabling JavaScript within Your browser; or by using the google analytics opt-out browser add-on. Disabling Google Analytics or JavaScript will still permit You to access comparable information or services from the Website.

THIRD-PARY SOCIAL MEDIA

MIYU Beauty uses social media serves as an extension of its Website. Social media accounts are public and are not hosted on MIYU Beauty’s servers. If You choose to interact with MIYU Beauty via social media should read the terms of service and privacy policies of these third-party service providers and those of any applications You use to access them. MIYU Beauty participates in the following social media services:

• Twitter 

• Facebook 

• YouTube 

• Pinterest

• Instagram

• Vimeo

• Tumblr

• Google+

HYPERLINKING

Links to websites not under the control of MIYU Beauty are provided solely for the convenience of users. MIYU Beauty is not responsible for the accuracy, currency or the reliability of the content. MIYU Beauty not offer any guarantee in that regard and is not responsible for the information found through these links, nor does it endorse the sites and their contents.

DISCLOSURE OF PERSONAL INFORMATION

Under no circumstances will Your personal information, which MIYU Beauty collects, be communicated or disseminated to third parties, unless this is necessary to carry out the services You request on the Website. In the normal course of business, MIYU Beauty may disclose some personal information to service providers and suppliers. MIYU Beauty currently discloses personal information to the following third parties:

• The Rocket Science Group, LLC d/b/a MailChimp – Used to create, send, and track email newsletters.

• Google Analytics, a Web analytics service provided by Google Inc. – Used to generate detailed statistics about the Website’s traffic and traffic sources and measure conversions and sales

• Bigcommerce Pty. Ltd. – Used for various securely hosted e-commerce tools including website, domain name, secure shopping cart, product catalog, payment gateway, CRM, email accounts, and others

• Canada Post Corporation – Used as a common carrier to ship MIYU Beauty’s products to You.

• Federal Express Canada Ltd. - Used as a common carrier to ship MIYU Beauty’s products to You.

• GH Gunther Huettlin Manufacturing Inc. – Used to warehouse MIYU Beauty’s products in Canada.

• FedEx Trade Networks, Inc. – Used to warehouse MIYU Beauty’s products in the United States.

If personal information is disclosed to additional third parties, You will be informed of this disclosure and will be given the opportunity to consent or decline the additional disclosure. Each of the third parties who are given personal information by MIYU Beauty will be contractually bound to protect the personal information and may only use the information for the purposes of performing services on behalf of MIYU Beauty. You can withdraw consent to the disclosure of personal information to third parties by contacting MIYU Beauty in the manner described below at any time.

MIYU Beauty must also disclose personal information when required by law. For example, if MIYU Beauty is presented with a search warrant or other legal order or if personal information is requested from an investigative body in relation to a breach of the law, personal information may be disclosed. Moreover, MIYU Beauty may disclose personal information in order to collect a debt owed by You to MIYU Beauty.

PROTECTION OF PRIVACY AND PERSONAL INFORMATION

Personal information will be processed directly by MIYU Beauty and by GH Gunther Huettlin Manufacturing Inc. (Canadian warehouse) and FedEx Trade Networks, Inc. (US warehouse). Personal information will be processed by persons in charge of the processing for the purposes for which You have given Your personal data and to carry out the operations connected with the services required in each section of the Website. In particular, these persons will record, organize, keep, elaborate, modify, select, and use or delete personal data to carry out the operations necessary to perform an order (payment, packing, forwarding, refund, return of goods), and of You have given Your consent, to send commercial offers and advertising messages.

In the context of this Website, the processing of personal information will be performed by MIYU Beauty and will be carried out using both paper and electronic tools.

MIYU Beauty is committed to ensuring that Your personal information is secure and kept confidential. The following procedures are in place for MIYU Beauty and other third party processors to ensure the security of Your personal information:

• Administrative, technical, and physical safeguards are used to avoid unauthorized disclosure, use, alteration and destruction of personal information.

• Access to personal information is only provided to representatives, associates, employees, and third parties on a need to know basis.

• All people employed by MIYU Beauty receive special training regarding privacy protection and confidentiality.

• All computers which store personal information are password-protected.

With respect to the processing of personal data, You will be entitled to do the following, either from the controller or from the processor:

• obtain a confirmation as to whether or not personal information relating to You has been collected, and whether such information is being used and/or disclosed to third parties;

• request the deletion of (i) Your personal information which was collected, used or disclosed unlawfully, and (ii) personal information which was been collected but that is no longer necessary for the purposes it was collected;

• request updating, rectification or, where applicable, completion of Your personal information; and

• request a statement confirming that the operations requested above were performed.
  

MIYU Beauty will disclose breaches of Your personal information as required by provincial and federal law in Canada.

RETENTION OF INFORMATION

MIYU Beauty will retain personal information as long as it is necessary for the purposes described in this Privacy Policy and as required by law, after which time, the information will be deleted and destroyed.

For further information on MIYU Beauty’s Privacy Policy, please contact the MIYU Beauty Privacy Official at our e-mail address shop@miyubeauty.com or by mail at Miyu Beauty Corp., 1200 Bay Street, Suite 202, Toronto, Ontario, M5R 2A5, or by phone at (647) 781-6828.

RETURN POLICY

Returns of merchandise by You are governed by MIYU Beauty’s return policy which can be found here.

POLICY UPDATES

Please check this page frequently for any updates to our Terms & Privacy conditions.

Last modified: August 28, 2013

©MIYU Beauty Corp., 2013, Canada.