Terms Of Use

Welcome to YugenBeautyShop.com, the official website of BEESINESS LLC, operating under the registered fictitious name "Yugen Beauty" in the state of Florida. These Terms of Use (the "Terms") govern your access to and use of the YugenBeautyShop.com website, including all subdomains and related digital platforms (collectively referred to as the "Site"). By accessing, browsing, or purchasing on the Site, you agree to comply with these Terms, along with any other policies and guidelines that may be posted on the Site from time to time.

In these Terms, BEESINESS LLC is referred to as "Yugen Beauty", and the YugenBeautyShop.com website and its subdomains are collectively referred to as the "Site."

Yugen Beauty operates as a U.S.-based business under the jurisdiction of the United States. By displaying products on the Site, Yugen Beauty offers these products exclusively to individuals who can legally enter into contracts under applicable laws. By placing an order on the Site, you confirm your acceptance of this offer in accordance with these Terms.

The content, products, and services on the Site are intended for use within jurisdictions where such offerings are lawful. Access or use of the Site in jurisdictions where such activities would violate laws or subject Yugen Beauty, BEESINESS LLC, or its affiliates to regulatory requirements is prohibited.

USE OF THE SITE

License and Site Access

Yugen Beauty grants you a limited, non-exclusive, revocable license to access and make personal, non-commercial use of the Site in accordance with these Terms of Use. This license does not permit downloading (other than page caching) or modifying the Site or any part of it without the express written consent of Yugen Beauty. Additionally, Yugen Beauty grants you a limited, non-exclusive, revocable right to create and display a hyperlink to the home page of the Site, provided that the link does not portray Yugen Beauty, BEESINESS LLC, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner.

Prohibited Uses of the Site

The licenses granted under these Terms of Use strictly prohibit the following activities:

  1. Interference

    • Interfering or attempting to interfere with the proper functioning of the Site.
    • Bypassing any measures used to restrict or prevent access to portions of the Site.

  2. Automated Tools

    • Using robots, spiders, data-miners, scrapers, or other automated tools to access the Site or its systems.
    • Copying, probing, testing, or monitoring any part of the Site or its navigation structure.

  3. Excessive Load

    • Taking any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure or related networks.

  4. Data Misuse

    • Compiling, repackaging, redistributing, or otherwise using data from the Site, including product information and prices.
    • Downloading or copying any user account information for the benefit of any person or entity.

  5. Content Misuse

    • Reproducing, recording, retransmitting, selling, renting, distributing, or publishing any content from the Site.
    • Modifying, copying, or reselling the Site or its content, in whole or in part.

  6. Intellectual Property Violations

    • Framing or using framing techniques to enclose any trademark, logo, or proprietary information (including images, text, page layout, or forms) belonging to Yugen Beauty.
    • Using Yugen Beauty’s name, trademarks, service marks, or logos in meta tags or hidden text without prior written consent.
    • Using Yugen Beauty’s logos or graphics as part of any unauthorized link.

  7. Unauthorized Usage

    • Utilizing the Site in any manner not expressly authorized under the "License and Site Access" section.

Failure to adhere to these prohibited uses may result in the termination of your license and potential legal action.

Unauthorized Use of the Site

Each of the actions outlined above is strictly prohibited without Yugen Beauty’s prior express written consent. You agree not to use the Site for any unlawful purpose or in violation of these Terms of Use, nor to solicit or engage in any illegal activity or activity that infringes upon the rights of Yugen Beauty, BEESINESS LLC, or any of its affiliates.

Notwithstanding any other rights or restrictions in these Terms of Use, you agree not to use the Site to:

(a) Transmit any information, data, text, images, files, links, or software through the Site except as necessary for your authorized use or in response to specific requests from Yugen Beauty.
(b) Introduce viruses, worms, Trojan horses, or any other harmful code to the Site or any other computer or website.
(c) Gain unauthorized access to any computer system or network.
(d) Impersonate any individual, including but not limited to, a registered user of the Site or an employee of Yugen Beauty.
(e) Violate the privacy or any personal or proprietary rights (including intellectual property rights) of any person or entity.
(f) Misrepresent the identity of a user or use a false email address.
(g) Tamper with or attempt to obtain access to the Site or any of its components.
(h) Engage in fraudulent activities, including, but not limited to, any form of deception or misrepresentation.
(i) Collect or harvest information from other users of the Site for any unauthorized purpose, including sending unsolicited commercial emails.

Any unauthorized use of the Site, or any portion or derivative thereof, will result in the immediate termination of any license or permission granted to you by Yugen Beauty. If your actions cause damages or losses to Yugen Beauty, Yugen Beauty expressly reserves the right to seek damages and/or pursue legal remedies as permitted by law.

Termination of Access

You agree that Yugen Beauty may, at its sole discretion and without prior notice, terminate or suspend your access to all or part of the Site and your account for any reason, including, but not limited to:

  1. Attempts to gain unauthorized access to the Site or assisting others in doing so.
  2. Attempting to bypass software security features designed to protect content available on the Site.
  3. Discontinuation or significant modification of the Site or any service offered through the Site.
  4. Violations of these Terms of Use or applicable law.
  5. Failure to complete payments for purchases.
  6. Suspected or actual copyright or trademark infringement.
  7. Unexpected operational issues.
  8. Requests from law enforcement or other government agencies.

You agree that neither Yugen Beauty, BEESINESS LLC, nor any of their respective affiliates, employees, officers, directors, shareholders, agents, or representatives (each a "Yugen Beauty Party") will be held liable to you or any third party for the termination of your access to the Site.

INTELLECTUAL PROPERTY RIGHTS; YUGEN BEAUTY CONTENT; USER CONTENT

Copyright

All content featured on the Site, including but not limited to text, articles, designs, graphics, logos, user interfaces, button icons, images, photographs, audio clips, video clips, digital downloads, data compilations, and software, is the property of Yugen Beauty, BEESINESS LLC, its licensors, product suppliers, or content suppliers (including users who contribute content) and is protected by applicable copyright laws. The design, selection, arrangement, coordination, and compilation of all Content on the Site are the exclusive property of Yugen Beauty and are protected by applicable copyright laws. All software used on the Site is the property of Yugen Beauty or its software suppliers and is protected by applicable copyright laws.

No Responsibility for Third-Party Content; Copyright Claims

Submission of Reviews and Other User Content

Where allowed on the Site, users or other individuals may submit reviews, articles, comments, contest entries, and other content to the Site, or may offer or disclose ideas or other materials to Yugen Beauty in connection with the Site (each such submission, offer, or disclosure referred to as a "Submission"). By submitting such content, you agree not to use a false email address, impersonate any person or entity, or otherwise mislead any Yugen Beauty Party or any Site user about the origin of the content. You agree, represent, and warrant that any submissions made by you will be accurate and will not violate these Terms, applicable laws or regulations, or any third-party rights, including copyright, trademark, privacy, or other personal or proprietary rights. Furthermore, your submissions will not cause harm to any individual or entity. You also agree, represent, and warrant that you have the authority to make the submissions and to grant the rights and licenses described herein.

You further agree, represent, and warrant that no submission made by you will contain any libelous, unlawful, false, misleading, threatening, harassing, defamatory, discriminatory, racist, violent, sexually explicit, pornographic, indecent, offensive, abusive, or obscene material. Submissions must not contain software viruses, political campaigning, commercial solicitations, surveys, research requests, bulk communications, chain letters, advertising, commercial offers, mass mailings, or any form of "spam."

Yugen Beauty reserves the right, but not the obligation, to monitor, edit, move, or remove any activity, content, or submission on the Site. However, Yugen Beauty does not regularly review submissions and may presume that all submissions comply with these Terms of Use.

Yugen Beauty does not acquire title or ownership rights in any submission made by you. However, by posting, uploading, inputting, providing, or otherwise submitting, offering, or disclosing a submission, you unconditionally grant Yugen Beauty, BEESINESS LLC, its affiliates, and sublicensees permission to use your submission in connection with the operation of their business (including, without limitation, the Site), including, but not limited to, the transferable, non-exclusive, world-wide, royalty-free, perpetual, irrevocable, fully sublicensable right to use, copy, excerpt, distribute, disclose, transmit, display (publicly or otherwise), perform (publicly or otherwise), publish, reproduce, edit, create derivative works from, translate, reformat, host, index, cache, tag, encode, modify, and adapt your submission in any manner, for any purpose, without restriction and in any form or media now known or hereafter developed. Yugen Beauty may also use and publish your name, image, and other personal information in connection with your submission to the extent submitted by you.

Additionally, you unconditionally grant to each user of the Site a non-exclusive license to access your submission through the Site and to tag, rate, review, comment on, use, reproduce, distribute, display, and perform such submission as permitted through the Site’s functionality and under these Terms of Use.

To the extent any right you may have in or relating to any submission cannot be licensed to Yugen Beauty or its affiliates under applicable law or legal theory, you hereby irrevocably waive any and all such rights, including, without limitation, rights of publicity, privacy rights, trademark rights, trade secrets, patent rights, copyright rights, and "moral rights" or other rights related to attribution of authorship or the integrity of materials.

Yugen Beauty is under no obligation (1) to maintain any submissions in confidence, (2) to treat any submission or the ideas therein as proprietary, (3) to pay compensation for any submissions, or (4) to use, return, or respond to any submissions.

IMPORTANT NOTICE TO CUSTOMERS OUTSIDE OF THE UNITED STATES: CUSTOMS ISSUES, REGIONAL INTELLECTUAL PROPERTY RIGHTS AND PRODUCT REGULATION

Yugen Beauty's product inventory available on the Site includes a wide variety of items, and product listings are frequently updated. As our customers are located around the world, it is not always feasible for Yugen Beauty to confirm whether the importation and sale of any of these products may conflict with local exclusive distribution rights or violate local laws, including product safety and other regulations.

YUGEN BEAUTY MAKES EVERY EFFORT TO ENSURE THAT THE PRODUCTS IT SELLS ARE GENUINE AND LEGAL. However, the importation and sale of certain products offered on the Site may not be permissible in all countries, including but not limited to the United States, due to local customs regulations, intellectual property rights, and other local laws. Additionally, products available on the Site may not conform to product safety or other regulations in all countries.

By purchasing a product through the Site, you agree that such purchase and the importation of the product complies with the laws of the country to which you have requested Yugen Beauty to ship the product. You also agree that you will be considered the sole "importer" and "initial distributor" of the product to that country for all purposes, including customs regulations, intellectual property laws, and product safety laws.

You acknowledge and agree that Yugen Beauty’s role is limited to procuring products available in Asia and other regions and making them available for purchase through the Site to you for importation to the country you have requested Yugen Beauty to ship to. In no event will Yugen Beauty or any other Yugen Beauty Party be responsible for the importation of such products, nor will any Yugen Beauty Party be liable under the laws of any country other than the United States, including any issues related to customs regulations, customs holds, detentions, and seizures, as well as intellectual property rights, trademark laws, and product safety laws.

By purchasing a product through the Site, customers outside of the United States authorize Yugen Beauty to make arrangements for clearance of customs on their behalf for the products they have ordered.

We make no representation that the information on the Site is appropriate or available for use outside the United States. Those who choose to access the Site from outside the United States do so at their own risk and are responsible for complying with local laws, if and to the extent applicable.

COSMETIC AND PERSONAL CARE PRODUCTS

Purchase of Cosmetic and Personal Care Products

Yugen Beauty may offer cosmetic and personal care products, including but not limited to skin care products, makeup, and fragrances, for sale through the Site. By purchasing such products, you represent and warrant that you have consulted with an appropriate medical professional regarding your use of such products, and that you have obtained all necessary prescriptions and other approvals required for the purchase and use of these products.

No Professional Advice; Risk of Use

All information provided through the Site or by any Yugen Beauty Party, whether by email, phone, letter, fax, or other forms of communication, is intended for informational purposes only and does not constitute medical or professional advice. The Site is not intended to provide information to diagnose, mitigate, prevent, treat, or cure any disease or condition. Health-related information available on the Site is not a substitute for professional medical advice. You must consult your personal physician or another healthcare professional before making medical decisions or purchasing cosmetic and personal care products. Be sure to carefully read and follow all product label information and the recommendations of your healthcare provider before using any cosmetic or personal care products. None of the information available on the Site is intended as a recommendation or solicitation to take or not take any particular action.

 

PAYMENT FOR PRODUCTS PURCHASED THROUGH THE SITE

Methods of Payment

Yugen Beauty offers a variety of payment methods on the Site for the convenience of customers. Please note that not all payment methods may be available at all times. You agree to pay all fees incurred in connection with your purchases at the rates in effect when the charges were incurred.

If you pay by credit card, your card issuer agreement governs your use of your card. You must refer to that agreement and not these Terms of Use to determine your rights and liabilities as a cardholder. YOU, AND NOT YUGEN BEAUTY, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify Yugen Beauty of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you in all respects and for all purposes. If Yugen Beauty does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by Yugen Beauty or its agents.

If payment is made by PayPal® or other supported services, the user agreement for the relevant service will govern your use of that service. You must refer to that agreement and not these Terms of Use to determine your rights and liabilities as a PayPal or other service member. YOU, AND NOT YUGEN BEAUTY, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR PAYPAL OR OTHER ACCOUNT BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify Yugen Beauty of any discrepancies within sixty (60) days after you first receive notice thereof, you agree that they will be deemed accepted by you in all respects and for all purposes. If Yugen Beauty does not receive payment through the selected payment service, you agree to pay all amounts due upon demand by Yugen Beauty or its agents.

Yugen Beauty may also offer customers in certain jurisdictions the option to pay by check, money order, direct deposit to specified bank accounts, or cash on delivery (“COD”). If these options are available, more information and applicable terms and conditions will be provided under “Customer Service – About Payment.” Any fees payable in connection with any such methods, including any fees payable by Yugen Beauty’s bank, must be paid by you. Unless otherwise specified on the Site, checks and money orders must be made in US dollars or, if shipment is to another jurisdiction, payment may be required in the relevant local currency.

Unless expressly set forth on the Site, Yugen Beauty does not accept any other forms of payment. If Yugen Beauty offers or accepts any other form of payment, you agree to all restrictions, terms, and conditions associated with such payment method.

Taxes

You are responsible for paying all applicable taxes (including, but not limited to, sales, use, or value-added taxes) and other governmental fees, customs duties, charges, penalties, interest, and additions to such taxes that are imposed on you upon or with respect to the transactions and payments under these Terms of Use. Unless otherwise specified in each purchase, all fees payable by you are exclusive of applicable taxes and duties, including, without limitation, value-added taxes, excise taxes, sales and transaction taxes, and gross receipts taxes. With respect to each of your purchases, Yugen Beauty will automatically charge and collect any applicable tax that it deems required in any applicable jurisdictions.

Currencies

Payment made by credit card, PayPal® or other supported services in a currency other than US Dollars will be converted to US Dollars at the exchange rate determined by your credit card issuer, PayPal or the respective service. Please consult your credit card issuer agreement or the user agreement for the payment service you are using for information regarding the determination of exchange rates. These exchange rates may include a “spread,” or an amount payable to the payment service provider, which may result in the actual price paid being higher than the posted US Dollar price.

NO REFUNDS WILL BE MADE TO CUSTOMERS RESULTING FROM CHANGES IN CURRENCY RATES.

Yugen Beauty does not provide cash refunds to customers. However, in the event that any such refund is made in the future to a customer who had previously paid in a currency other than US Dollars, and the refund is made through the customer’s credit card, PayPal or other supported service, the applicable exchange rate at that time will be determined by the credit card issuer, PayPal, or the relevant service as described above.

In no event will any Yugen Beauty Party be liable for fees or charges payable in connection with currency exchange or for any losses incurred as a result of fluctuations in currency exchange rates.

Product Descriptions

Products shown on the Site may contain descriptions provided directly by the publisher, manufacturer, or distributor of such products. The information on the Site is believed to be complete and reliable; however, it may contain typographical errors, pricing errors, and other inaccuracies. Yugen Beauty does not represent or warrant that the descriptions of any products shown on the Site (including personal care products) are accurate, complete, or up-to-date. We reserve the right to: (i) revoke any stated offer; (ii) correct any errors, inaccuracies, or omissions; and (iii) make changes to prices, content, promotional offers, product descriptions, specifications, or other information without obligation to issue any notice of such changes (including after an order has been submitted, acknowledged, shipped, or received). IF YOU PURCHASE A PRODUCT FROM YUGEN BEAUTY THAT IS NOT AS DESCRIBED ON THE SITE, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO RETURN SUCH PRODUCT IN UNUSED CONDITION FOR YUGEN BEAUTY CREDIT IN THE AMOUNT OF THE PURCHASE PRICE WHERE RETURN POLICIES APPLY.

Yugen Beauty has made every effort to display the colors of products on the Site as accurately as possible. However, as the actual colors you see will be affected by, among other things, the color tone displayed on your monitor, Yugen Beauty cannot guarantee that your monitor’s display of any color will exactly match the actual colors of the products.

Prices

Yugen Beauty cannot confirm the price of a product until you place your order. It is possible that the price for a product may increase or decrease between the time that the product is placed in a “shopping cart” or “shopping bag” and the time the purchase is actually made. Also, despite Yugen Beauty’s best efforts, a small number of the products on the Site may inadvertently display incorrect prices. If the price for the product on the Site is incorrect and is actually higher than the price provided at the time of purchase, then, at Yugen Beauty’s sole discretion, Yugen Beauty may either (a) contact you for instructions before shipping the product or charging you for such product, or (b) cancel the order for such product and notify you of such cancellation.

Yugen Beauty will have the right to cancel any orders for products that have been listed at an incorrect price, rebate, or refund, that contain other incorrect information or typographical errors, or that are unavailable for any reason. Yugen Beauty will have this right regardless of whether the order has been confirmed or your credit card or other payment service has been charged. If your credit card or payment service has already been charged for the purchase and your order is cancelled, Yugen Beauty will immediately issue a credit to your credit card or payment service in the amount of the charge.

Price Comparisons and “Save” Amounts

Price comparisons may be made throughout the Site to indicate the relative savings amounts of Yugen Beauty’s pricing. Amounts shown as “Save” reflect the difference between the sale price and Yugen Beauty’s normal or “list” price for a given product. However, Yugen Beauty makes no representation that a substantial number of these products have been sold or made available for sale at the list price.

Order Acceptance

The offer and acceptance of orders will be subject to the terms outlined in these Terms of Use. Yugen Beauty may confirm its receipt of your order by sending a confirmation to the email address you provide.

Passage of Title

Title to products and risk of loss of products passes to you upon delivery to the common carrier selected by Yugen Beauty to deliver your order. You are obligated to take delivery of any products you order, notwithstanding that the quantity delivered may be less than the quantity ordered, provided that any amount charged to you shall be adjusted to reflect such lower quantity. Any such discrepancy in quantity shall not be deemed a material change of the terms of sale nor a breach or repudiation of Yugen Beauty’s agreement to sell products to you.

Returns

Yugen Beauty accepts returns of most defective products, products damaged in shipping, and (in the case of clothing) products of incorrect sizes, in accordance with the terms and conditions posted from time to time at “Customer Service – Shipping and Returns.”

Replacement or repair of returned products will be made in accordance with the Return and Refund Policy. Any refunds provided pursuant to the Return and Refund Policy will be made in the form of credit that may be applied to other purchases on the Site. In no event will cash refunds be made.

Product Warranties

Unless otherwise specified through a supplemental warranty offered by Yugen Beauty with respect to defective products, Yugen Beauty will have no liability for any failure or malfunction of a product sold on the Site. Requests for technical service and support should be made directly to the manufacturer of a product in accordance with the terms and conditions of any warranty provided by the manufacturer. Information regarding manufacturers’ warranties is generally included in the materials shipped with the products or is available through the Site.

OTHER ISSUES

User Privacy; Data Security

Please review Yugen Beauty’s Privacy Policy, which governs your visit to and usage of the Site, to understand Yugen Beauty’s practices with respect to usage and handling of user information. We endeavor to ensure that all collection, transmission, storage, and usage of personal data is carried out in compliance with relevant data protection regulations.

User Privacy; Data Security

You acknowledge and agree that the Yugen Beauty site is a public space, and that your participation in and submissions to the site create no expectation of privacy. Any personal information you submit to the site may be visible and accessible by others. Yugen Beauty is not responsible for any information you or others submit to the site, nor for your actions or the actions of other users. Yugen Beauty or its designated agents may remove or alter any information, content, or submissions posted or otherwise disclosed on the site at any time for any reason. If you choose to make any personally identifiable or other information publicly available as a submission or otherwise on or through the site, you do so at your own risk.

While Yugen Beauty takes reasonable steps to safeguard your personal information, no Yugen Beauty party is responsible for acts of unauthorized access, and no Yugen Beauty party makes any express or implied warranty that Yugen Beauty or any other party will prevent unauthorized access to your personal information.

Your Account

Certain portions of the site may require you to establish an account, username, and password. You are responsible for maintaining the confidentiality of your account, username, and password, and agree to accept responsibility for all activities that occur under your account. You agree to notify Yugen Beauty immediately of any unauthorized use of your account, username, password, or any other breach of security. You may not use someone else’s account, username, or password at any time, and you may not attempt to gain unauthorized access to the site. You agree to provide accurate, current, and complete information during the registration process and to promptly update your registration information. Yugen Beauty reserves the right to suspend or terminate your registration if information is found to be untrue, inaccurate, or incomplete.

Users’ Confirmation

By creating an account on the site, you confirm that you are acting on your own behalf or as an authorized representative of the customer to register the account. You represent that all purchases made through the site are within your authority to conclude contracts.

Third-Party Websites and Applications

The site may contain links to third-party websites and applications. Yugen Beauty is not responsible for and does not endorse or sponsor the content of third-party websites or applications. By using third-party applications, you acknowledge and agree that your use of such applications may cause personally identifying information to be disclosed. Yugen Beauty does not assume responsibility for the performance of any third-party applications or the use of any information shared with them.

Third-Party Links

The site may contain links to other websites. Yugen Beauty is not responsible for the actions, products, or content of these third-party websites and encourages you to review their privacy policies and terms of use.

Age of Users

By registering an account with Yugen Beauty, you confirm that you are 18 years or older. The site is not intended for minors under the age of 18 unless supervised by a parent or guardian. Minors may only use the site under the supervision of a parent or guardian. Users under 13 years of age may not make any submissions.

Sweepstakes, Contests, and Promotions

Any sweepstakes, contests, or similar promotions on the site will be governed by specific rules separate from these Terms of Use. By participating, you agree to the terms and eligibility requirements of the promotion.

Communications

By using the site, you consent to receive communications from Yugen Beauty by email. All communications, including agreements and notices, will be delivered electronically and satisfy any legal requirements for written communications. If you choose not to provide direct communication details, Yugen Beauty will not have an obligation to contact you directly, and you agree to hold Yugen Beauty harmless for any resulting loss or liability.

Sanctions

"International Sanctions" refers to economic or financial sanctions, requirements, or trade embargoes imposed, administered, or enforced by U.S. government authorities (including but not limited to the Treasury Department’s Office of Foreign Assets Control ("OFAC"), the U.S. Department of State, and the U.S. Department of Commerce), the United Nations Security Council, the European Union, Australia, or the United Kingdom government, including Her Majesty’s Treasury.

As a condition for using the Site, you represent and warrant that you (including the company on whose behalf you are using the Site) are not:

  • Ordinarily resident, located, organized, established, or domiciled in Cuba, Iran, North Korea, Syria, or the Crimea region (including Sevastopol);
  • Designated on any list of restricted parties maintained by the United Nations Security Council, the U.S. Government (including the Specially Designated Nationals list, Foreign Sanctions Evaders list, and the Sectoral Sanctions Identification list maintained by the U.S. Department of Treasury's Office of Foreign Assets Control ("OFAC"), or the U.S. Department of Commerce’s Bureau of Industry and Security ("BIS")’s Entity List, Denied Persons List, or Unverified List) or other restricted parties lists maintained by the European Union, Australia, and the United Nations;
  • Any agency, instrumentality, or part of the government of any of the following countries/territories: Venezuela, Cuba, Iran, North Korea, Syria, or the Crimea, Donetsk, and Luhansk regions (including Sevastopol);
  • Owned (at 50% or greater level) or controlled, directly or indirectly, by, or acting on behalf of, any individual, entity, or the government described under (a) through (c) of this section; and
  • Using, and will not use, the Site to sell any products originating from, or to procure products ultimately destined for, Cuba, Iran, North Korea, Syria, or the Crimea, Donetsk, and Luhansk regions (including Sevastopol).

You represent and warrant that, in using services under these Terms of Use, you will comply with all applicable United States, European Union, United Nations, Australia, the United Kingdom, and other Sanctions that might be applicable to YesStyle or any of its group companies (the “Group”) and you. YesStyle may take any actions that it deems appropriate to confirm compliance with applicable Sanctions, and you hereby confirm that you will not take any actions, including the sale, distribution, or delivery of any products of the Group covered under these Terms of Use, that would cause the Group or you to violate any applicable Sanctions.

Disclaimer of Warranties and Limitation of Liability

The Site and all information, content (including third-party content), materials, products, and services included on or otherwise made available through the Site are provided by YesStyle on an "AS-IS" and "AS-AVAILABLE" basis without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Your use of all products (including cosmetic and personal care products) included on, sold through, or otherwise made available through the Site is at your sole risk. We do not represent or warrant that our Site or any of its contents will be accurate, complete, or reliable.

No YesStyle Party makes any, and to the full extent permitted by applicable law, each of the YesStyle Parties disclaims all, representations or warranties of any kind, express or implied, as to the operation of the Site or the information, content (including third-party content), applications, materials, products (including cosmetic and personal care products), or services included on, sold through, or otherwise made available through the Site, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

No YesStyle Party guarantees or warrants the performance of any supplier or other third party, including any such third party's conformance, or the conformance of any third party’s product or description thereof, to any law, rule, regulation, or policy. We do not represent or warrant that any services (whether or not provided by us) will be provided with due care and skill, or any merchandise (whether or not provided by us) will be of merchantable quality or fit for any purpose (even if that purpose has been previously notified to us). Neither YesStyle nor any other YesStyle Party represents or warrants that the Site (including the usage of applications or software), its servers, or emails sent from YesStyle (or any part of it) are free of viruses or other harmful components, or that the Site will operate without interruption or be defect or error-free. You agree that no data transmission over the internet can be guaranteed as totally secure. While we strive to protect such information, we do not warrant and cannot ensure the security of any information that you transmit to us. Any information you transmit to us is at your own risk.

No YesStyle Party will be liable in any case for any damages of any kind arising from, related to, or in any way connected with the Site, the information, content (including third-party content), applications, materials, products (including cosmetic and personal care products), or services included on, sold through, or otherwise made available through the Site, the use of the Site, any submissions, any links on the Site, any applications, any email sent from YesStyle, or any third party's unauthorized access to your personal information, including, but not limited to direct, indirect, incidental, special, punitive, and consequential damages, regardless of whether such damages are based on contract, strict liability, tort, or other theories of liability, and also regardless of whether any YesStyle Party was given actual or constructive notice that damages were possible.

Without limiting the foregoing, you agree that the aggregate liability of the YesStyle Parties arising from or related to any product ordered from the Site (including cosmetic and personal care products), regardless of the form of action or claim, is limited to the purchase price of such product.

The disclaimers regarding warranties as to products in the immediately preceding paragraph do not apply to the extent of any applicable explicit written YesStyle warranty (as defined above).

The laws of certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

Without limitation to the foregoing, you expressly agree that your use of the Site is at your sole risk.

Applicable Law and Disputes

Applicable Law

The Site is controlled, operated, and administered by Yugen Beauty (or its licensees or agents) from its offices within Hong Kong and is not intended to subject Yugen Beauty to the laws or jurisdiction of any state, country, or territory other than that of Hong Kong. By visiting the Site, you agree that the laws of Hong Kong, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Yugen Beauty or any other Yugen Beauty Party.

ALL USE OF THE SITE, SUBMISSIONS, THE LICENSES GRANTED HEREUNDER, CONTENT ON THE SITE, AND TRANSACTIONS CONCLUDED THROUGH THE SITE, INCLUDING PURCHASES OF PRODUCTS ON THE SITE, SHALL BE DEEMED TO BE CONDUCTED UNDER AND GOVERNED BY THE LAWS OF HONG KONG.

Disputes

Any dispute, controversy, or claim relating in any way to the Site (including, without limitation, your visit to and use of the Site), to your Submissions, to the licenses granted hereunder, or to products you purchase through the Site shall be submitted to confidential binding arbitration in Hong Kong conducted under Hong Kong law, except that, to the extent you have in any manner violated or threatened to violate the intellectual property rights of Yugen Beauty or any affiliate or licensor of Yugen Beauty, Yugen Beauty may seek injunctive or other appropriate relief in any appropriate jurisdiction and court. Arbitration shall be conducted under UNCITRAL Arbitration Rules by the Hong Kong International Arbitration Centre. There shall be one (1) arbitrator. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The place of arbitration shall be Hong Kong. The arbitration shall be conducted in the English language, and any non-English language documents presented at such arbitration shall be accompanied by an official certified English translation thereof. The arbitrator shall state the reason upon which the award is based.

General

Severability

If any of these terms or conditions shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining portion of these Terms of Use.

Delay in Enforcement

No delay or failure to take action under these Terms of Use shall constitute any waiver by Yugen Beauty of any provision of these Terms of Use.

Complete Agreement

These Terms of Use, together with Yugen Beauty’s Privacy Policy, Intellectual Property Policy, Elite Club Complete Terms & Conditions, Friend Rewards Complete Terms & Conditions, and any other policies posted on the Site from time to time, constitute the complete agreement between you and Yugen Beauty with respect to the subject matter hereof and thereof and supersede all prior agreements or representations between you and Yugen Beauty.

Indemnification

You agree to defend, indemnify, and hold harmless Yugen Beauty and the other Yugen Beauty Parties and all of our directors, employees, and contractors, from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, or other liability which may be incurred by us arising from or related to the use of the Site and any Content available on the Site, any breach of these Terms of Use, covenants, warranties, representations, agreements herein and/or any Submissions submitted, in each case by you or any user of any of your accounts.

Modification to Terms of Use

Yugen Beauty reserves the right, at its sole discretion, to change, add or remove portions of these Terms of Use from time to time without providing any prior notification. It is your responsibility to check these Terms of Use each time before using the Site. The amended Terms of Use are effective from the date they are published on the Site. Your continued access and use of the Site and our service following the posting of changes will mean that you unconditionally accept and agree to the latest version of the Terms of Use. You agree that all subsequent purchases by you, all Submissions, and all other uses of the Site will be subject to the terms and conditions of these Terms of Use, which shall apply until Yugen Beauty posts a modified Terms of Use and then in accordance with such modified Terms of Use.