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Legal Notice & Return Policy
ONLINE ORDERING & RETURN POLICY
ONLINE SECURE PAYMENT
For your security, payments on our Website are handled directly by First Data, a provider of electronic commerce and payment solutions. Your credit card information is not transferred to or stored by j.f. lazartigue. When you place an order online, our personnel have no access to your credit card information.
SHIPPING & HANDLING
Your order is individually prepared by hand in our warehouse with the special care and attention that you deserve. j.f. lazartigue gives detailed attention and care to the manufacturing and the packaging of its products. Nonetheless, if you notice any defect in our products, please call Customer Service Department at 1 800 359 9345.
The products which you order will be delivered to the address you enter on the online shopping cart.
Your order will be sent to you in most instances by UPS. To monitor the status of your order, your tracking number and proof of delivery are available at our offices at any time.
j.f. lazartigue is not responsible for delay, loss or damage occurring during shipment. If your order is delayed or lost, please call our Customer Service Department. We will provide you with your UPS tracking number so that you can contact UPS directly to locate your shipment. If your shipment arrives damaged, please save the package for UPS to inspect. You must contact your UPS agent to file a claim directly with UPS.
Shipping Policy
Orders will be shipped only to addresses within the 50 states of the United States of America, the District of Columbia and Puerto Rico. We strive to ship your order as quickly as possible. However, our shipping estimates are not guarantees or promises that a product will ship on a specific day or be received by you within a specific period. The amount of time it takes for you to receive a product will depend on how long it takes us to process your order and how long it takes the carrier to deliver the order to you once it leaves our warehouse facility.
Although our preferred shipping carrier is UPS, we reserve the right to use other shipping carriers.
Sorry, we are unable to ship to P.O. Boxes. All items must be shipped to a valid street address.
Shipping charges are based upon the shipment option you select at Checkout. The following shipping options are available. Not all shipping methods are available in all geographic areas, see www.ups.com for details:
Standard Delivery “Ground”: (5-8 Business Days)
We are delighted to offer you “Standard Ground” shipping FREE, at no cost to purchaser for all orders in excess of USD $50 after deduction of all sales discounts, credits, etc. and before the addition of sales tax, as applicable. (Please note: our “free” delivery does not apply to deliveries to Alaska, Hawaii or Puerto Rico)
With Standard Ground shipping, orders are typically delivered within 5 – 8 business days after the date of your order. Actual delivery time may vary depending on shipping distance.
Delivery to some remote addresses may require up to 2 additional days.
See www.ups.com for additional details.
2nd Day Delivery: (2 Business Days)
Orders are typically delivered by the end of the second business day after they are shipped. Second business day delivery is at an additional cost to purchaser.
Your order will be shipped after your credit has been approved and/or any other necessary verification has been completed. To be shipped the same day, your order must be submitted and such approval and verifications completed by no later than 12:00 noon Eastern / 9:00 am Pacific. All other orders will be shipped on the day that credit approval and/or other verifications are completed, unless the same takes place after 12:00 noon Eastern / 9:00 am Pacific, in which case the order will be shipped on the following business day.
Some locations in Alaska, Hawaii, and remote areas may require additional transit time.
See www.ups.com for additional details.
Next day Delivery: (1 Business Day)
Orders are typically delivered by 3:00 pm (Local Time) the next business day after they are shipped. Shipments to rural addresses are typically delivered by 4:30 pm (Local Time) the next business day after they are shipped. Next business day delivery is at an additional cost to purchaser.
Available for shipments to addresses within the 48 contiguous states and DC and to limited addresses in Alaska and Hawaii.
Your order will be shipped after your credit has been approved and/or any other necessary verification has been completed. To be shipped the same day, your order must be submitted and such approval and verifications completed by no later than after 12:00 noon Eastern / 9:00 am Pacific. All other orders will be shipped on the day that credit approval and/or other verifications are completed, unless the same takes place after 12:00 noon Eastern / 9:00 am Pacific, in which case the order will be shipped on the following business day.
See www.ups.com for additional details.
Returns & Exchanges
j.f. lazartigue wants to ensure your complete satisfaction so we will happily accept returns of unopened and unused products in its original packaging only in accordance with the following Return Policy:
All returns and exchanges must be pre-authorized by Customer Service and require a Return Authorization number. Contact us at 800-359-9345 to speak to a Customer Service Representative and receive your return authorization (if eligible).
You must have purchased the item from us at www.jflazartigue.com www.jflazartigue.com within 30 days of the date upon which you contact us to request a return authorization.
Defective, damaged or incorrect items:
If you received a damaged or defective item from us, or the wrong item was shipped to you, you will not be responsible for return shipping charges, and we will not charge you any restocking or other fee in connection with the return. You will receive a replacement / exchange product.
Damaged or defective items returned without their original packaging will not receive any exchange or refund.
To obtain a refund or exchange, the item must be returned to us, unopened and in its original packaging, with all accessories, within 30 days of the date upon which we provided the item to the carrier for shipment to you. You must also follow the Return Procedures specified below.
We cannot accept returns or exchanges of any item that has been opened or used even if it is defective, damaged or incorrect.
Other returns:
For all returns other than damaged, defective or incorrectly shipped items (see above), you will be responsible for the shipping charges to return the item. Similarly, for all returns other than damaged, defective or incorrectly shipped items (see above) you will be charged a twenty-five percent (25%) Restocking Fee that will be deducted from any product exchange or refund that you might have otherwise received from us.
To obtain your exchange or refund, the item must be returned to us, unopened and in its original packaging, undamaged and in saleable condition, with all accessories, within 15 days of the date upon which we provided the item to the carrier for shipment to you. You must also follow the Return Procedures specified below.
Once we have received your returned product we will process your exchange or refund in the order in which it is received by us. We normally effect exchanges or issue refunds within 7 to 10 business days after our receipt of your returned item. It may take additional time for your refund to be posted to your credit card account. We will notify you by email once your return is processed.
PLEASE NOTE - We cannot accept returns or exchanges of (i) any Colouring Emulsion and/or Colour Reflecting Hair Conditioner, (ii) any “promotional item” or “limited edition item” or (iii) any item purchased “on sale” or at a “discount”.
We cannot accept returns or exchanges of any item that has been opened or used.
Return Procedures
To return an item:
All returns and exchanges must be pre-authorized by Customer Service and require a return authorization number. Contact us at 800-359-9345 to speak to a Customer Service Representative and receive your return authorization (if eligible).
Customer Service will provide you with a link to a UPS return label, which you will be required to print and affix to the package.
Retail Prices
All retail prices for our products are indicated in USD before sales tax, if applicable. Customers located in New York State are subject to sales tax. Customers located in other states are not presently subject to any sales tax.
j.f. lazartigue reserves, at all times, the right to modify retail prices and determine applicability of state and local sales taxes. We will at all times honor prices as they are posted on our website for your online orders.
Out of Stock Products
In the rare event that our warehouse determines that one or more products in your order is in an “Out-of-Stock” situation, a Customer Service representative will contact you to inform you about the status of your backorder. We will ship to you a “partial order” consisting of the items that are “in stock” and we will place the then “out-of-stock” product(s) on “backorder” and ship that backorder to you, at no additional shipping charge, when the backorder item(s) become available.
If you are interested in purchasing a product that is listed on our website as “out-of-stock” please telephone our Customer Service department to inquire as to the approximate date on which such product will again become available. Our Customer Service Department shall always be happy to speak with you.
Completing Online The Order Form
Please complete the order form in its entirety. If we are missing any information requested, your order will not go through and we will not be able to process it for you. If you encounter a problem entering your information, please call 1 800 359 9345 for assistance.
PRIVACY POLICY
J.F. Lazartigue is committed to maintaining your confidence and trust, and accordingly maintains the following Privacy Policy to protect Personal Information you provide online. This Privacy Policy governs only information provided to and communicated from www.jflazartigue.com. It does not govern any information received or communication which may reference j.f. lazartigue in any other format or location. By using our Website you are agreeing to the terms set forth in this Privacy Policy. Our Privacy Policy consists of the following.
Basic confidentialityIt is our policy that your Personal Information is private and confidential. For purposes of this Privacy Policy “Personal Information” means any information by which you can be personally identified and includes your name, address, telephone number, e-mail address, etc. We do not collect your Personal Information except when you voluntarily provide it to us such as when you place an order on the site, e-mail our customer service, or otherwise register on our site for any purpose. If you place an order on our site your Personal Information will include your name and delivery address.
Your credit card number and expiration date are not transmitted to j.f. lazartigue. Your Personal Information is treated by us as confidential. It is securely stored, accessible only to specifically designated persons at j.f. lazartigue who have a need to know for purposes as forth herein. When you submit to us your Personal Information, you are giving your consent to our collection, use, retention and disclosure of your Personal Information as set forth in this Privacy Policy. If you prefer that we do not collect your Personal Information, then please do not provide us with any such information.
Your credit card number and expiration date are not transmitted to j.f. lazartigue. Your Personal Information is treated by us as confidential. It is securely stored, accessible only to specifically designated persons at j.f. lazartigue who have a need to know for purposes as forth herein. When you submit to us your Personal Information, you are giving your consent to our collection, use, retention and disclosure of your Personal Information as set forth in this Privacy Policy. If you prefer that we do not collect your Personal Information, then please do not provide us with any such information.
Our computer is not set up to track, collect or distribute Personal Information about its visitors. It does recognize the home server of visitors, but not e-mail addresses (unless you voluntarily provided it). For example, we can tell which Internet Service Provider our visitors use, but not the names, addresses or other information about our visitors that would allow us to identify the particular visitors to our sites. Our Website also uses "cookie" technology to make your visits more convenient. The main way we do this is by giving you the option to save your e-mail address in forms. These "cookies" are set so we may better customize your visit experience in the future. You are free to reject or "Not Accept" all cookies, but we will not be able to auto-enter your e-mail address or customize your future visits. If you have provided Personal Information and wish in the future that we stop using this information, or if you wish to update or change your information as permitted hereunder, you can send us your request at webmaster@jflazartigue.com
You can visit and enjoy our Website without disclosing any Personal Information. If you have elected to provide us with your Personal Information regardless of the purpose for which it was submitted (e.g. to place an order, to contact customer service, to submit comments about our products, to register to Club Lazartigue, etc) we may use such Personal Information for the specific purpose for which you submitted it, to create and provide you with newsletters, surveys and other communications containing product and/or service related announcements, updates to our Website, health and beauty suggestions, promotions, contests and the like which we believe may be of interest to you based upon your expressed interest in our site, products and/or company.
We may use your Personal (and non-personal) Information either directly or in conjunction with one or more marketing partners and/or associations undertaken for the purposes specified in this Privacy Policy.
We may use your Personal Information to contact you as a follow-up to your order or customer service requests. We may also use your Personal (and non personal) Information to improve the content, appearance and utility of our site and to track visitors’ use of our site for internal market research, product development and other business purposes such as to determine which of our products and/or web pages are the most popular and generate the most customer interest. In submitting your Personal Information to us, you are consenting to our use of such Personal Information as set forth herein.
We may use your Personal (and non-personal) Information either directly or in conjunction with one or more marketing partners and/or associations undertaken for the purposes specified in this Privacy Policy.
We may use your Personal Information to contact you as a follow-up to your order or customer service requests. We may also use your Personal (and non personal) Information to improve the content, appearance and utility of our site and to track visitors’ use of our site for internal market research, product development and other business purposes such as to determine which of our products and/or web pages are the most popular and generate the most customer interest. In submitting your Personal Information to us, you are consenting to our use of such Personal Information as set forth herein.
We may engage third parties to perform various services and/or functions on our behalf such as web hosting, customer support and order fulfillment, etc. Such third parties may have access to Personal Information needed in connection with those services and/or functions but they may not use such Personal Information for any other purposes.
With the passage of time, we might sell certain of our assets, or even the company itself. In such transactions, or in others, customer information may be one the business assets transferred.
By using this site you agree that your Personal Information which we have gathered may be one of the business assets we transfer in such circumstances.
By using this site you agree that your Personal Information which we have gathered may be one of the business assets we transfer in such circumstances.
We may share aggregated demographic information with third parties. This information does not contain any Personal Information that can identify you or another individual person. Thus, no Personal Information is disclosed in this manner.
Use by Children
This Website is not designed for use by children and we will not knowingly collect Personal Information from children under the age of 13. If you are under 13, you may browse this site however you may not submit Personal Information to us.
We may disclose your Personal (and non-personal) Information when required pursuant to applicable law, court and/or administrative agency order, rule, regulation or subpoena. We may disclose such information when we deem necessary, in our sole and absolute discretion, in order to comply with requests for information and/or documents in connection with any legal or administrative agency process.
We may also exchange or otherwise disclose your Personal Information with other companies and/or organizations for credit risk reduction purposes and in order to protect you and ourselves against credit fraud.
We may also exchange or otherwise disclose your Personal Information with other companies and/or organizations for credit risk reduction purposes and in order to protect you and ourselves against credit fraud.
Notification of Changes to Policy
We reserve the right, in our sole discretion to change, modify, add, or remove portions of this Privacy Policy or to otherwise revise this Privacy Policy from time to time. If we decide to make a change to this policy, we will post the revised policy here on our Website so that you may review it and become acquainted with it.
As we may make changes at any time without notifying you, we suggest that you periodically check the posted policy. Our rights to use your Personal Information will be based on our Privacy Policy in effect at the time we use such information.
As we may make changes at any time without notifying you, we suggest that you periodically check the posted policy. Our rights to use your Personal Information will be based on our Privacy Policy in effect at the time we use such information.
Once you have provided us with your Personal Information you may at any time thereafter modify or correct such Personal Information and/or request that we remove it from our database. To make any request described above, or if you have any questions, comments or concerns regarding our Website, please e-mail us at webmaster@jflazartigue.com.
When e-mailing us, please be certain to provide us with your exact e-mail address, your name, address and telephone number so that we may handle your request correctly.
When e-mailing us, please be certain to provide us with your exact e-mail address, your name, address and telephone number so that we may handle your request correctly.
TERMS AND CONDITIONS OF USE
By using this Website, you acknowledge that you have read, understand and agree with all of the terms and conditions set forth herein, including our Privacy Policy (collectively “Terms of Use”). You agree that you are bound by such terms and conditions. If you do not agree with all of these terms and conditions, please do not use our site.
We reserve the right in our sole discretion to change, modify or otherwise revise these terms and conditions at any time. Please check our Terms and Conditions periodically for changes. Your continued use of this site after our posting of any changes to the Terms of Use constitutes your acceptance of those changes.
We reserve the right in our sole discretion to change, modify or otherwise revise these terms and conditions at any time. Please check our Terms and Conditions periodically for changes. Your continued use of this site after our posting of any changes to the Terms of Use constitutes your acceptance of those changes.
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs and written and all other materials that appear on this site (collectively the “Site Contents”) and our Website as a whole are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by j.f. lazartigue and/or our affiliates and are protected by the laws of the United States and other countries.
The Site Contents and our Website as a whole, are intended solely for your personal, non-commercial use. Your may download or copy the contents and other downloadable materials displayed on the Website for your personal use only, provided you keep intact all copyright and other proprietary notices and references to the j.f. lazartigue name.
No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not make any use of the Website or Site Contents for other than your personal use; you may not reproduce (except as noted above), publish, transmit, display, modify our Website or Site Contents, nor may you create any derivative work based upon either our site or Site Contents.
No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not make any use of the Website or Site Contents for other than your personal use; you may not reproduce (except as noted above), publish, transmit, display, modify our Website or Site Contents, nor may you create any derivative work based upon either our site or Site Contents.
A third party Website which links to our site may link to, but not copy, our Website and/or Site Contents, and may not link to any page of our site other than our site’s home page. A Website’s link to our site does not mean that we endorse or approve of that site or its content. We are not responsible for the content of any third party Website linked to our site.
We do not warrant or represent in any way the content, goods and/or services and/or other offering of a third party’s linked Website. We are not responsible for any consequences whatsoever, such as software viruses, spam, consumer mailings, etc. which you may experience as a result of your having moved to or from our Website by means of a third party link.
You should familiarize yourself with the terms and conditions, disclosure and privacy policies of all Websites, linked or otherwise, which you visit. We may at any time, and in our sole and absolute discretion, request that a link to our site on another entity’s Website be removed. Failure to comply with our request to unlink our Website shall be a violation of our Terms of Use.
We do not warrant or represent in any way the content, goods and/or services and/or other offering of a third party’s linked Website. We are not responsible for any consequences whatsoever, such as software viruses, spam, consumer mailings, etc. which you may experience as a result of your having moved to or from our Website by means of a third party link.
You should familiarize yourself with the terms and conditions, disclosure and privacy policies of all Websites, linked or otherwise, which you visit. We may at any time, and in our sole and absolute discretion, request that a link to our site on another entity’s Website be removed. Failure to comply with our request to unlink our Website shall be a violation of our Terms of Use.
All comments, suggestions, ideas, feedback, inquiries and all other information which you submit or offer to us on or by this Website; or which are otherwise disclosed, submitted or offered to j.f. lazartigue in connection with your use of this Website (collectively “Submissions”) will be treated by us as non-proprietary and non-confidential on your part and shall thereafter be and remain the property of j.f. lazartigue.
In choosing to make any Submission to us, you acknowledge that your Submission may not be returned to you and that we may use your Submission, and any ideas, concepts and know how therein contained, for any purpose including, by way of example and not limitation, research, development, manufacturing, distribution, licensing, marketing and sale of current and future products. You further agree that no Submissions made by you will be, or contain, libelous or otherwise unlawful, abusive, discriminatory or obscene material.
If you make a Submission to us you are (i) acknowledging and agreeing that you are and shall remain solely responsible for the content of such Submission, (ii) warranting and representing that such Submission does not contain software viruses, commercial messages or solicitations, spam of any form, “Spyware” or “Adware”. (“Spyware” or “Adware” is any software which has been downloaded to and/or installed on an Internet user’s computer, without the user’s actual consent, which facilitates the distribution of a commercial message to the user).
If you make a Submission to us, you agree that you will not use a false or third party e-mail address, impersonate any person or entity or otherwise act in any way designed to mislead us as to the source, origin or author of any Submission.
If you make any Submission to us, you agree to indemnify us for all claims, losses and damages arising from or in connection with the claim of any person or entity with regard to any rights in and/or to, or deriving from, your Submission.
In choosing to make any Submission to us, you acknowledge that your Submission may not be returned to you and that we may use your Submission, and any ideas, concepts and know how therein contained, for any purpose including, by way of example and not limitation, research, development, manufacturing, distribution, licensing, marketing and sale of current and future products. You further agree that no Submissions made by you will be, or contain, libelous or otherwise unlawful, abusive, discriminatory or obscene material.
If you make a Submission to us you are (i) acknowledging and agreeing that you are and shall remain solely responsible for the content of such Submission, (ii) warranting and representing that such Submission does not contain software viruses, commercial messages or solicitations, spam of any form, “Spyware” or “Adware”. (“Spyware” or “Adware” is any software which has been downloaded to and/or installed on an Internet user’s computer, without the user’s actual consent, which facilitates the distribution of a commercial message to the user).
If you make a Submission to us, you agree that you will not use a false or third party e-mail address, impersonate any person or entity or otherwise act in any way designed to mislead us as to the source, origin or author of any Submission.
If you make any Submission to us, you agree to indemnify us for all claims, losses and damages arising from or in connection with the claim of any person or entity with regard to any rights in and/or to, or deriving from, your Submission.
The Site Contents and our Website as a whole, are intended solely for your personal, non-commercial use. Your may download or copy the contents and other downloadable materials displayed on the Website for your personal use only, provided you keep intact all copyright and other proprietary notices and references to the j.f. lazartigue name.
No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not make any use of the Website or Site Contents for other than your personal use; you may not reproduce (except as noted above), publish, transmit, display, modify our Website or Site Contents, nor may you create any derivative work based upon either our site or Site Contents.
No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not make any use of the Website or Site Contents for other than your personal use; you may not reproduce (except as noted above), publish, transmit, display, modify our Website or Site Contents, nor may you create any derivative work based upon either our site or Site Contents.
DISCLAIMER
This Website and all materials, informations, software, products and services contained and/or included in or available through this website (the"content") are provided on an "as is" basis without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose or non infringement.
We do not warranty or represent that this site or the content is free of viruses or other harmful, contamineting or destructive properties. You are responsible for implementing sufficiently adequate procedures and checkpoints to satisfy your own particular requirements as to protection of your data, software and equipment. Your us of this site is safely at your risk.
We do not warranty or represent that this site or the content is free of viruses or other harmful, contamineting or destructive properties. You are responsible for implementing sufficiently adequate procedures and checkpoints to satisfy your own particular requirements as to protection of your data, software and equipment. Your us of this site is safely at your risk.
LIMITATION OF LIABILITY
By your use of this site and its content you acknowledge and agree, to the fullest extent permitted by applicable law, that we will not be responsable or liable under any circumstanses what soever for any (I) interruption of business, (II) access delay or access interruptions for the site, (III) data non delivery, misdelivery, corruption, destruction or other modifaction, (IV) loss or damage for any sort incurred as a result of dealing with, or the presence of, off webiste links to this site, (V) computer viruses, system, failures or malfunctions which may occur in connection with your use of this site and/or its content including during any linkage to or from third party websites, (VI) any inaccuracies or omissions in content or, events beyond our reasonable control.
Under no circumstances will we be responsable or liable whether in contract, tort, negligence, strict liability or otherwise, for any direct, indirect, punitive, incidental, special or consequential damages that result from your use, or availibility to use, this site and/or its content, even if we have been advises of the possibility of such damages.
By your use of our site, you specifically agree that in no event, shall our maximum aggregate liability to you ever exceed one hundred dollars ($100). You agree that you assume full responsibility for all losses and expenses associated with servicing or repairing any equipment which you use in connection with your use of our website and its content.
Under no circumstances will we be responsable or liable whether in contract, tort, negligence, strict liability or otherwise, for any direct, indirect, punitive, incidental, special or consequential damages that result from your use, or availibility to use, this site and/or its content, even if we have been advises of the possibility of such damages.
By your use of our site, you specifically agree that in no event, shall our maximum aggregate liability to you ever exceed one hundred dollars ($100). You agree that you assume full responsibility for all losses and expenses associated with servicing or repairing any equipment which you use in connection with your use of our website and its content.
Upon request by us, you agree to defend, indemnify and hold harmless j.f. lazartigue, its parent, subsidiaries, affiliate companies and their employees, contractors, officers and directors, from all claims, actions, suits, liabilities, costs and expenses including reasonable attorneys’ fees, arising from your use or misuse of this site and its content.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you hereunder, in which event you will cooperate with us in asserting any available defenses.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you hereunder, in which event you will cooperate with us in asserting any available defenses.
These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this site shall be filed exclusively in the state or federal courts located in the State of New York, and you further agree and submit to the exercise of personal jurisdiction of such courts for purpose of litigating any such claim or action.
You acknowledge and agree that these Terms of Use which include our Privacy Policy constitute the entire agreement between you and j.f. lazartigue with respect to this site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and us with respect to this site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible the original intentions of the parties, and the remaining portions shall remain in full force and effect.
We reserve the right in our sole discretion to change these Terms of Use, including our Privacy Policy, at any time by posting the changes on the site. Your continued use of the site constitutes your agreement to all such terms and conditions.
We may with or without prior notice terminate any of the rights granted by these Terms of Use, including our Privacy Policy, and may deny or terminate your access to the Website if, in j.f. lazartigue’s sole discretion, you fail to comply with any term, condition or provision hereof.
We may with or without prior notice terminate any of the rights granted by these Terms of Use, including our Privacy Policy, and may deny or terminate your access to the Website if, in j.f. lazartigue’s sole discretion, you fail to comply with any term, condition or provision hereof.
