Acceptance of Terms; Eligibility; Binding Agreement
This website (and any mobile applications linking to this website) and the domain name www.perfectdiary.com are owned and operated by Yatsen Trading （HK）Limited (the Company) with a business address of [SUITE 603, 6/F LAWS COMM PLAZA 788 CHEUNG SHA WAN RD KL]. You can contact the Company at firstname.lastname@example.org.
You should carefully read these Terms before using this website (including mobile applications linking to this website) as they govern your use of this website or any services provided by the Company. After carefully reading and fully understanding these Terms, you confirm that your use of this website (including any mobile application) constitutes your acceptance and agreement of these Terms and this Terms will constitute a legally binding agreement between you and the Company.
If you represent yourself, you confirm that you have reached the age of 18, and have full capacity to enter into a binding agreement with the Company. If you are over the age of 13 but under the age of 18, your parent or legal guardian has agreed to and accepted the Terms on your behalf and prior to any access by you of this website (or any mobile application).
The management and operation of this website take place in Guangdong Province of the People's Republic of China. Although this website can be accessed and our products can be purchased in many countries of the world, not all functions, products or services are available to all users in all geographical locations. The Company reserves the right to exclude services or products provided to some countries for any or no reason.
To visit or use this website, you must be able to access the internet at your own cost and expense (including but not limited to network access fees, mobile phone tariffs, etc.). When it comes to the use of any third-party services, you should also comply with the third-party service guidelines and related fees. The Company has the right to adjust, change and suspend the services of the website within the scope permitted by law for any reason or no reason without liability to you.
You are not allowed to use this website for any illegal or prohibited purpose, and you are not allowed to use this website and its contents to violate the legitimate rights and interests of other organizations or individuals.
You may not attempt to access any content of this website or use any service of this website without authorization through illegal invasion, password cracking or any other illegal means. You are not allowed to track, reverse search, crack or decipher any customer’s information of this website, including but not limited to those of any Perfect Diary account not owned by you. You are not allowed to violate any network security mechanism or authentication measures of this website or link to this website, and you are not allowed to detect, scan or test any network weakness of this website. You are not allowed to launch any form of network attack to this website or to spread viruses, zombies and Trojans within or through this website. You agree not to use any device, software or program to interfere with or attempt to interfere with the normal operation of the website or any transaction conducted on the website, or interfere with or attempt to interfere with the use of the website by others. You shall not take any action to store unreasonable or disproportionate amounts of data on the website infrastructure, system or network, or on the system or network linked to the website.
This website may contain links from other independent third-party websites, which are only provided for the convenience of visitors to this website. This website does not provide any express or implied guarantee for the content, services or information provided by such third-party websites and nothing on this website shall be deemed to be a recommendation, approval or authorization to use such third-party websites.
The network connection between you and this website and the security and confidentiality of your data transmissions are affected by the technology adopted by you and the telecommunication operators you use (or other external factors unrelated to the Company or this website). Although the Company uses prudent internal security management systems, processes and technical measures to prevent computer viruses, network attacks, network intrusions and other behaviors endangering network security, the information and data you send to this website could still be intercepted by others. This website cannot fully guarantee the network connection between you and this website or the security and confidentiality of data transmission.
The Company will try to ensure the timeliness, security and accuracy of the website, but we do not guarantee that the service will meet the requirements of each user, nor that the service will be uninterrupted or error free. The Company may carry out regular or emergency maintenance on the website, during which period the website will be unavailable.
You understand that any loss, liability or injury caused by power signal interruption, expression deviation, operation error, network failure, network interruption, computer virus, unintentional acts or acts that do not constitute gross negligence by the Company, artificial damage or any unauthorized access, tampering or use cannot be completely avoided, and the Company will have no liability to you for any such events.
User Information; Restrictions
You may register for an account on the website although this is not required to make a purchase. When you register, you will be required to provide information about yourself including, but not limited to, your name and e-mail address, which must be true, accurate, current and complete in all respects. Should any of your registration information change in future you are required to amend your personal online account immediately. We may change registration requirements from time to time.
Once you have successfully registered as a member of this website, you may use your email address and your designated password to log in to your account. Please keep password confidential and do not share it with anyone else. You are solely responsible for any third party accessing your account unless due to the Company’s direct fault. If you discover any unauthorized use of your account or possible security vulnerability on this website, please inform us immediately.
In order to protect your privacy and confidential information, please do not use simple passwords in the form of your birthday, name, repeated or consecutive letters and numbers.
When you register as a member of this website, you should provide the Company with true, accurate, complete, legal and effective user information. When your personal information changes, you should inform the Company of those changes. If the personal information you provide is not true, accurate or complete, are solely responsible for any losses caused by the misinformation and the Company reserves the right to refuse to provide services to you or to delete your user account.
You must comply with all applicable laws and regulations when using this website. You may not send or disseminate information through this website that violates applicable laws and regulations or is vulgar, offensive or obscene. Such prohibited information includes but is not limited to:
Spreading rumors, disturbing social order and destroying social stability;
Spreading or promoting obscenity, pornography, gambling, violence, murder, terror or abetting a crime;
Intimidating, insulting, attacking or slandering others and infringing upon the legitimate rights and interests of others;
Using this website to engage in money laundering, stealing business secrets, stealing personal information and other illegal criminal activities;
Infringing other’s intellectual property rights, such as copyright or trademark rights etc. and other legitimate rights; and
Any other content or activity prohibited by applicable laws and regulations.
If you violate the above restrictions, the Company can take any reasonable and appropriate measures such as issuing a warning, requiring a correction within a time limit, suspending services, cancelling orders, prohibiting transactions, closing your account, permanently prohibiting registration for an account, etc. according to the situation of the case. If your act constitutes a crime, we have the right to inform and assist the relevant government authorities to investigate and deal with that crime.
Pricing and Product Information
The products or services offered by this website and the Company may change at any time without prior notice. The descriptions of products (including text or photographs) also may be modified and adjusted in real time without prior notice. The specifications, functional descriptions, ingredient information, inventory, limited purchase quantities and other product information displayed on this website will be as accurate and detailed as possible. However, there is the possibility of delays or errors in some information.
This website clearly marks the price of the products sold, but you understand and agree that the prices of products on this website may change at any time without notice, so the transaction price of a product may be different from when you were browsing and when you make your purchase. Although the Company tries to ensure the accuracy of the prices shown on the website, the Company reserves the right to reject any order where there is a pricing error. Your order is not confirmed until you receive a confirmation email.
All products are sold excluding sales tax. Sales tax will be added to your total purchase order in accordance with applicable law.
When you place an order, you will be required to confirm the product and quantity ordered along with your name, telephone number, detailed address (billing and shipping) and payment information. Furthermore, when ordering items, you will be required to select the payment method (based on the options given on the website) and complete your payment by following the directions on the third-party payment platform.
When you purchase products or services from the website, a contract will exist between you and the Company only after you submit the order online and the Company confirms your order. The Company has the right to cancel all or any part of an order prior to acceptance for any or no reason (and will issue a refund if any payment has been actually made by you).
Delivery information is our best estimate only and if delivery times exceed 30 days we will notify you in accordance with applicable law. The Company will not be responsible for delays or delivery failures caused by:
1) An incomplete or inaccurate delivery address;
2) Refusal to provide a signature on delivery;
3) Inability to contact the purchaser or recipient using contact details provided;
4) Events of force majeure or other events outside of the reasonable control of the Company.
For some products with a high demand and subject to compliance with any applicable laws or payment provider regulations, the Company may require you to pay a certain amount as a deposit to reserve the item you will pay the balance once the product is ready to ship. Either you or the Company has the right to cancel the reservation before receiving your full payment. The deposit you have paid will be returned to your payment account without interest at the time of cancellation. For customized products, special customized product rules will apply and will be set out on the product page.
For any order related issues, please log in to your account or contact customer service at email@example.com.
This website and the products offered for sale are for personal consumption only. We do not sell in commercial quantities (i.e., more than 10 of any one product to any one purchaser) and resale of our products is expressly prohibited. We will seek all appropriate remedies for any violation of this provision.
The Company has the right to unilaterally cancel any order (and refund any amounts actually paid) before the goods are delivered including in any of the following situations:
The order violates these Terms:
After the order is placed, there is a dispute relating to the order or a dispute due to the user’s account ownership and the parties cannot reach an agreement on how to resolve the dispute;
The purchaser violates the order quantity restrictions, or orders through multiple user accounts within a short period of time; (Although a single account does not violate the order quantity restrictions, the Company may use the payment method, payment or delivery address, IP address, contact number, etc. associated with the order determine whether there has been a violation.); and
Any other circumstances deemed by this website as purchasing by improper means.
User Comments and Submission Information
In order to leave a comment or product review, you need to log in your account or pass other authentication measures. You can upload pictures, comment, put forward opinions and other content on this website, provided that all such user content is not illegal, obscene, threatening, defamatory, invasion of privacy, infringement of intellectual property rights and other violations of laws and regulations or other forms of harm, infringement to third parties or arousing public disgust, and do not include software viruses, political propaganda, commercial solicitation or any form of Junk mail. This website has the right to save, edit, delete all user submitted content and inform or assist government authorities investigating the same. At the same time, you agree that any user content submitted by you may fail to be saved, be delayed or not posted and the Company will have no liability therefor.
Limitation of Liability
For any loss, liability, claim or expense (including but not limited to attorney’s fee, notarization fee, etc.) made or raised by any third party due to your improper use of the website or any violation of these Terms or other policies communicated to you, you will indemnify, defend and hold the Company and its officers, directors and affiliates harmless from and against for any and all losses, costs, expenses, compensation and penalties incurred by them.
Except as otherwise expressly provided in these Terms or expressly provided in any other Company policy, Company does not offer or make any express or implied warranty of merchantability, fitness for purpose or non-infringement regarding the products sold from this website or the operation or use of this website by you.
The Company is responsible to you for foreseeable loss and damage caused by us. If the Company fails to comply with these Terms we will be responsible for loss or damage that you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both the Company and you knew it might happen (for example, if you discussed it with us during the sales process).
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. Except as expressly provided by applicable law, the Company will not be liable for any indirect, consequential, special or punitive damages, including loss of anticipated or indirect benefits or loss of data, even if the Company has been informed of the possibility or actual occurrence of such damages and their severity. In any case, the liability of the Company to you under any theory of liability (including breach of contract or tort) and whether raised as a claim by you or by a third party again you, and for any and all losses incurred by you (including not limited to attorney’s fee, notarization fee, etc.) shall not exceed the value of the product or order that is the subject of the claim or loss.
Ownership and Intellectual Property
You understand and agree that your property rights in any user content submitted by you to the website (including but not limited to customer evaluation, customer consultation, various topic articles and other information content) is voluntarily and irrevocably licensed and transferred to Yatsen Trading （HK）Limited and its affiliated companies without further payment or royalty for any commercial use elected by the Company, including the right to edit, modify, publish, publicize, license and sublicense such content as the Company elects in its sole discretion.
The Company holds the copyright and all other legal rights relating to the images, content and resources of this website, which are protected by law. The intellectual property rights or relevant rights and interests of any text, picture, software, sound, video, chart, music and other contents displayed by this website are owned by this website or its licensors. Without the authorization of the relevant obligee, you shall not copy, use, link or otherwise dispose of or use all or part of these contents in any form. The intellectual property rights or interests of the relevant persons may not be infringed in any form.
Digital Millennium Copyright Act (DMCA)
If you believe your work or content has been copied and posted to the website in a way that constitutes copyright infringement, please provide us the following written information in accordance with the DMCA to the email address firstname.lastname@example.org:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed upon;
- a description of where the material that you claim is infringing is located on the Site;
- a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- your name, address, telephone number and e-mail address (if available); and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
Applicable Laws and Dispute Resolution
Amendment; Modification; Severability
The Company has the right to modify, amend or terminate any of these terms or its website policies at any time without prior notice and in its sole discretion. Such amendments will be posted to the website and will take effect at the date of posting. You should pay attention to and read the latest version of these terms from time to time. If you do not agree to the updated terms, you must stop using the website. If you continue to use the website, you will be deemed to have fully accepted the updated terms. If any provision of these terms is judged by judicial or administrative authorities to be invalid or unenforceable for any reason, such article shall be deemed to be separable and shall not affect the validity and enforceability of any remaining articles.
Latest update date: [20/04/2022].