Web Site Terms & Conditions

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NO RELIANCE

While L’Oréal has endeavoured to ensure the accuracy of the information accessed via the Website, L’Oréal does not guarantee or give any warranty as to the accuracy, timeliness or completeness of any information or material on the Website.

LINKS

There may be links that will let you leave this Website or that will let you access this Website from third party sites. Linked third party sites are not under the control of L’Oréal and L’Oréal is not responsible for the contents of any such linked site or any link contained in such a linked site. Existence of links to other third party sites is not an endorsement by L’Oréal in favour of such site or the products or services contained in any linked site. To the extent that this Website contains links to or may be accessed from outside services and resources, the availability and content of which L’Oréal does not control, any concerns regarding any such service or resource or any link thereto should be directed to the particular outside service or resource.

INTELLECTUAL PROPERTY

The Website, including (but not limited to) text, content, software, video, music, sound, graphics, photographs, illustrations, artwork, photographs, names, logos, trademarks, service marks and other material ("Content") is protected by copyrights, trademarks and/or other proprietary rights. The Content includes both content owned or controlled by L’Oréal and content owned or controlled by third parties and licensed to L’Oréal. All individual articles, reports, and other elements making up the Website may be copyright works. You agree to abide by all additional copyright notices or restrictions contained in the Website.

You may not use any of L’Oréal 's trademarks or trade names without L’Oréal 's prior express written consent and you acknowledge that you have no ownership rights in and to any of those names and marks.

You agree to notify L’Oréal in writing promptly upon becoming aware of any unauthorised access to or use of the Website by any party or of any claim that the Website or any of the contents of the Website infringes any copyright, trade mark, or other contractual, statutory or common law rights of any party.

LICENCE AND DOWNLOAD RIGHTS

You acquire no rights or licences in or to the Website and/or the Content other than the limited right to use the Website in accordance with these Terms and to download on the terms set out in this section. Other than as set out in this section you may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to create derivative works from, transmit, or in any other way exploit any part of the Website.

Download is permitted by L’Oréal provided only that:
(i) you make no more than one printed copy of such download and no further copies of such printed copy are made;
(ii) you make only personal, non-commercial use of such download and/or printed copy; and
(iii) you retain on such download and/or printed copy all copyright notices and shall remain bound by the terms of such wording and notices. Additionally, you may not offer for sale or sell or distribute over any other medium (including distribution by over-the-air television or radio broadcast or distribution on a computer network) the Content or any part thereof. You may not make any part of the Website available as part of another website, whether by hyperlink framing on the internet or otherwise. The Website and the information contained therein may not be used to construct a database of any kind, nor may the Website be stored (in its entirety or in any part) in databases for access by you or any third party or to distribute any database websites containing all or part of the Website.

PERMISSIONS

If you would like information about obtaining L’Oréal's permission to use any of the Content or if you would like to link your website to the Website, email your enquiry to service@kiehls.co.uk

NO WARRANTY

The Website and the Content are provided "as is" excluding any warranties of any kind, either express or implied, to the fullest extent permissible pursuant to applicable law including (but not limited to) the exclusion of warranties of title, merchantability, satisfactory quality, fitness for a particular purpose and non-infringement of proprietary or third party rights. L’Oréal further accepts no responsibility or liability for functions contained on the Website and makes no warranties that the Website will operate uninterrupted or error-free or that defects will be corrected. Please note that some jurisdictions do not allow the exclusion of implied warranties, so some or all of the above exclusions may not apply to you.

L’Oréal does not warrant that the Website is compatible with your computer equipment or that the Website or its server is free of errors or viruses, worms or "Trojan horses" and L’Oréal is not liable for any damage you may suffer as a result of such destructive features.

L’Oréal shall not be held responsible for Content provided by third parties. L’Oréal is also not responsible for the reliability or continued availability of the telephone lines and equipment you use to access the website.

These Terms do not affect your statutory rights or your legal rights as a consumer.

LIMITATION OF LIABILITY

You acknowledge that your use of the Website, including the Content is at your own risk. If you are dissatisfied with the Website, the Terms or any or the Content your sole remedy is to discontinue use of the Website.

Save in respect of fraud and of personal injury or death to the extent it results from L’Oréal 's negligence, in no event will L’Oréal be liable to you or any third party for any direct, special, indirect, consequential or incidental damages, exemplary or lost profits, or any other damages of any kind whether based on warranty, contract, tort (including negligence) or otherwise, even if L’Oréal has been advised of the possibility thereof, arising from your use of the website. Applicable law may not allow the limitation or exclusion of liability for consequential or incidental damages, so this limitation or exclusion may not apply to you.

LOCAL LAWS AND REGULATIONS

The Website is not directed at any person in any jurisdiction where for any reason the publication or availability of the Website is prohibited. Those in respect of whom such prohibitions apply must not access the Website.

L’Oréal does not represent that either the Website or the Content are appropriate for use or permitted by local laws in all jurisdictions. Those who access the Website do so on their own initiative and are responsible for compliance with applicable local laws or regulations; legal advice should be sought in cases of doubt.

INDEMNITY

You agree to indemnify, defend, and hold harmless each of L’Oréal , its employees, representatives and agents, from and against any claims, actions, demands or other proceedings brought against any of L’Oréal , its employees, representatives or agents, by a third party, to the extent that such claim, suit, action or other proceeding brought against L’Oréal , its employees, representatives, suppliers, or agents is based on or arises in connection with:

(i) your use of the Website;
(ii) any breach by you of the Terms;
(iii) a claim that any use of the Website by you
(a) infringes any intellectual property rights of any third party, or any right of personality or publicity, or (b) is libellous or defamatory, or otherwise results in injury or damage to any third party;
(iv) any deletions, additions, insertions, or alterations to, or any unauthorised use of, the Website by you; or
(v) any misrepresentation or breach of representation or warranty made by you contained herein.
References in this section of the Terms to your use of the Website shall be deemed to include any use by a third party where such a third party accesses the Website using your computer.
You agree to pay L’Oréal , its employees, representatives, and agents any and all costs, damages, and expenses (including reasonable legal fees) awarded against any of them or otherwise incurred by any of them in connection with or arising from any such third party claim, suit, action or proceeding attributable to any such third party claim.

TERMINATION

Either you or L’Oréal may terminate these terms with or without cause at any time. If L’Oréal terminates these terms, L’Oréal will email you at the address you provide on registration, and you will be deemed to have received it within one hour of transmission. Termination will be effective at that time. You will be responsible for notifying us of any changes to your email address. You may terminate by sending an email to service@kiehls.co.uk with the subject ‘Unsubcribe’. On termination you shall destroy all Content, and copies thereof, obtained from the website.

CHANGES TO THE WEBSITE

You accept that L’Oréal has the right to change the content or technical specifications of any aspect of the Website at any time at L’Oréal's sole discretion. You further accept that such changes may result in your being unable to access the website.

TRANSMISSION AND FEEDBACK OF INFORMATION:

Any information you transmit through this Website is subject to L’Oréal's privacy policy and remains L’Oréal’s property. You are prohibited from transmitting to or from this Website any unlawful, threatening, libellous, defamatory, obscene, inflammatory or pornographic material or other material that could give rise to any civil or criminal liability under law.

You agree that L’Oréal may use and/or disclose information about your demographics and use of the Website in a manner that does not reveal your identity.

SEVERANCE & WAIVER:

If any provision of this Agreement is found to be invalid by any court having jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a continuing waiver of such term or any other term.

ENTIRE AGREEMENT:

Except as provided herein, these terms and conditions are the entire agreement between us and supersede any prior understanding or agreements (written or oral). Nothing in this clause will operate to limit or exclude either party’s liability for fraud.

THIRD PARTY RIGHTS:

Nothing in this Agreement is intended to confer on any third party (whether referred to in this Agreement by name, class, description or otherwise) any benefit or any right (under the Contracts (Rights of Third Parties) Act 1999 or otherwise) to enforce any provision of this Agreement or any agreement entered into in connection with it.

GOVERNING LAW AND JURISDICTION

The Terms are governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the English courts

Copyright © Kiehl’s 2014

CANCELLATION FORM

I hereby give notice that I cancel my contract of sale of the following goods.

LIVE CHAT

These Terms of Use govern your use of the Kiehl’s live chat (the "Chat Service") offered by L’Oréal (UK) Limited, acting through its trading division Kiehl’s (“Kiehl’s”) on its website https://www.kiehls.co.uk/ (the “Site”). To the extent of any conflict between Kiehl’s’ Privacy Policy and these Terms of Use, these Terms of Use shall prevail.

Kiehl’s permits you to use the Chat Service solely for your personal use in accordance with these Terms of Use. You are permitted to use the Chat Service on a free, non-exclusive and non-transferable basis solely to ask for tips and questions about our Kiehl’s products and services from one of our advisors by typing a question and to receive a response in real time, and not for any other purposes. - Your use of the Chat Service constitutes acceptance of these Terms of Use. You acknowledge that Kiehl’s has the right to terminate, limit or suspend your use of the Chat Service if it reasonably believes that you have breached these Terms of Use.

If you have any concerns or complaints or want to report an issue about any Kiehl’s products and their application to you, or you have technical questions about the Site or an order placed on the Site please contact our Customer Care Department at UKConsumerAdvice@loreal.com. Kiehl’s reserves the right to refer your query to its Customer Care Department rather than responding via the Chat Service it if it believes that your query would be better handled in this way.

Kiehl’s shall not be held responsible for any content created by you on the Chat Service. To the fullest extent permitted by law, Kiehl’s excludes all implied representations, conditions and warranties whether express or implied. Kiehl’s shall not be liable to you or any other party for actions, proceedings, claims, losses or damages suffered by you arising from or connected to your use of the Chat Service or indirect or consequential loss or for loss of data, loss of revenue or loss of profits, whether in contract, tort or under statute or otherwise arising from or connected to your use of the Chat Service.

You are not permitted to and you agree and warrant that you will not:


• copy, reproduce, modify or create derivative works of the Chat Service, or any other element of the Site;


• dis-assemble reverse-engineer, decompile or otherwise attempt to determine the underlying source code of the Chat Service or Site;


• take any action with a view to distributing or reproducing the Site or the Chat Service; or


• take any action that would affect the functionality of the Chat Service or the Site, whether in whole or in part.


You do not have the right to sell, lease, sub-licence or provide any portion of the Chat Service or Site to any third party.
By using the Chat Service, you represent and warrant that:


• you are the author of content submitted, that you are not stealing the identity of another person, and you are not using a false email address or otherwise being misleading as to the origin of your query;


• your query or content submitted is your original work and does not infringe the intellectual property rights of third parties;


• you hereby waive all moral rights and any intellectual property rights that would have otherwise vested in you pursuant to the Copyright, Design and Patents and Act 1988;


• all content that you send is truthful and accurate;


• you are at least 18 years old;


• your query or content submitted complies with these Terms of Use.


You further agree and warrant that you shall not use the Chat Service or submit any query or content:


• that is known by you to be false, inaccurate or misleading;


• that infringes any third party's copyright, patent, trademark, trade secret, right of privacy, moral right or other intellectual property or proprietary rights;


• that contains any information about Kiehl’s‘ competitors or their products (namely other manufacturers and/or distributors and/or retailers of health and beauty products);


• that contains any pricing information;


• that refers to a third party individual without their prior express consent;


• that violates any law, statute, or regulation (including, but not limited to, those governing intellectual property, privacy, consumer protection, unfair competition, anti-discrimination or advertising);


• that is, or may reasonably be considered to be illegal, infringing, defamatory, libellous, abusive, hateful, harassing, racially or religiously inappropriate, offensive, inciting of violence, fraudulent, invasive of privacy, threatening, obscene, pornographic, or otherwise injurious to third parties or objectionable;


• that consists of or contains political campaigning, commercial solicitation, chain letters, mass mailings, unsolicited emails or other forms of “spam” regardless of the content;


• that is unrelated to the purpose of asking for tips and questions about our Kiehl’s products and services from one of our advisors;


• which contains any swearing, sexual innuendo or sexual language or which promotes or incites the perpetration of any unlawful activity such as drug-taking;


• for which you will derive any compensated or monetary benefit by any third party or which could be construed as an advertisement or solicitation to buy (which shall include any content that directs business away from Kiehl’s);


• that includes any information that references other websites, URL addresses, email addresses, contact information or phone numbers;


• that contains any actual, or instructions on how to create, computer viruses, worms, Trojan horses or other potentially disruptive or damaging or harmful computer programs, files, codes or attachments;


• that could alter, steal, corrupt, disable, destroy, trespass, circumvent or violate any security or encryption of the Site, the Chat Service or any computer file, database or network.
Kiehl’s reserves the right not to respond to and delete:


• duplicate queries;


• blank queries;


• queries in a language that is not English;


• any unintelligible content (such as content that contains random characters and meaningless word strings); or


• any submission if it does not comply with these Terms of Use.


Kiehl’s has the right to limit or suspend access to any user that is in breach of these Terms of Use.

The Chat Service may be unavailable from time to time for maintenance or other technical reasons and Kiehl’s cannot take any responsibility for any errors, omissions, interruptions, deletions or delays that may be experienced by users when accessing the Chat Service.

By submitting your email address in connection with your use of the Chat Service, you agree that Kiehl’s and its third party service providers may use your email address to contact you about the status of your query and for other administrative purposes You agree to indemnify, keep indemnified and hold Kiehl’s (which shall include its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, including but not limited to Hinduja Global Solutions UK Limited and Iadvize Limited, harmless from all losses, claims, demands, and damages (actual and consequential) of every kind and nature, direct or indirect including reasonable legal fees, which are incurred by Kiehl’s for any breach of your representations and warranties set forth above. Kiehl’s reserves the right to suspend or cease to provide the Chat Service at any time without notice.

 

Kiehl’s Midnight Recovery Concentrate competition

GENERAL DETAILS:

Promoter: Kiehl’s, a trading division of L’Oréal UK Limited, 255 Hammersmith Road, London, W6 8AZ

Entry Open Date: 09:00 25/02/2019 UKI time

Entry Closing Date: 23:59 11/03/2019 UKI time

Promoter’s Privacy Policy: https://www.kiehls.co.uk/privacy-policy/privacy-policy.html

ENTRY:

Eligibility: UK and ROI residents aged 18 + only

How to Enter Requirements: Fully complete the form which can be found on Kiehl’s Facebook and Instagram ad to sign up to the Promoter’s newsletter.

By signing up to the Promoter’s newsletter entrants agree to be automatically entered into the prize draw and abide by these Terms and Conditions (as set out in this table and the General Terms and Conditions below).

Newsletter sign-up forms that are not fully completed will be disqualified.

PRIZE DETAILS:

Main prize: Kiehl’s Midnight Recovery Concentrate full size, 30 ml.

Number of Prizes: 30

DRAW DETAILS:

Prize Draw Date: By 22/03/2019

Notification of Winners: Winners are selected at random and will be notified via email minimum 1 month from wines have been drawn.

DELIVERY AND WINNER DETAILS

Prize Delivery: Please allow up to 30 days from the date the winner supplies details for delivery of the prize

General Terms and Conditions


Entry and Eligibility

1. Entries must be received between the Entry Open Date and the Entry Closing Date.
2. The prize draw is free to enter and no purchase is necessary.
3. Promoter’s employees, their immediate family or any third party directly associated with the promotion are not eligible to enter.
4. Incomplete, illegal, misdirected or late entries will not be valid. Proof of complying with the How to Enter Requirements will not be accepted as proof of receipt or entry. Promoter is not responsible for entries lost, damaged or delayed due to technical or connectivity or other problems.
5. Only one entry per person. Bulk entries from trade, consumer groups or third parties will not be valid. Multiple entries made by the same person from various email, social media or other accounts or from the same IP address will not be valid.
6. Any entries which do not comply with the How to Enter Requirements, or which contain any third party intellectual property without prior informed consent from the rights holder, or which contain any abusive, inappropriate, offensive or obscene language or imagery will be disqualified. Examples of language/images considered to be inappropriate, offensive or obscene, include (but are not limited to): any message/image which contains (a) swearing; (b) comments or actions which appear to be discriminatory of any person, company or group of individuals, for example comments of a racist, sexist or homophobic nature; (c) sexual innuendo, sexual language or sexual acts, actions or gestures; (d) promoting any illegal unlawful activity such as drug use; (e) any message that appears to be an advertisement or solicitation to buy; and (f) any materials (whether written or visual) that directly or indirectly relate to Promoter’s competitor brands or that show any intention of promoting any brand other than Promoter brand.

Prize fulfilment and disqualification

7. Prizes are as stated, they are not transferable and there are no alternative prizes or cash substitutes. Promoter reserves the right to substitute a prize of equal or greater value in the event that the selected prize is unavailable for any reason whatsoever.
8. A winner forfeits their prize and Promoter reserves the right to select at random an alternative winner if:
  (a) within 3 weeks of being notified by Promoter, a winner does not respond or does not provide their full name and relevant details (if applicable, details for the prize to be despatched to in the eligible country of residence); or
  (b) if a prize is rejected or returned undeliverable; or
  (c) if an entry is invalid or an entrant is disqualified or in breach of these Terms and Conditions.
9. Promoter reserves the right to disqualify an entrant or winner that, in its absolute discretion, could bring Promoter into disrepute.
10. Promoter shall disqualify any entries that have failed to abide by and/or are in breach of these Terms and Conditions.
11. The name of the winner(s) can be obtained by sending a stamped, self-addressed envelope, within 4 weeks of the Prize Draw Date to the Promoter at 255 Hammersmith Road, London, W6 8AZ, referencing the Promotion Name.

Promotional Activity relating to the prize draw

12. In entering the prize draw, all entrants and winners agree to participate in any promotional activity relating to the prize draw, which may include entry content, voice, image and name for publicity purposes (in any media, print or online, including any websites, social media sites or third party retailer websites) and in advertising, marketing or promotional material (whether or not related to the prize draw) free of charge without additional compensation or prior notice. Promoter may modify any entry content to fit in context with the relevant usage, whilst maintaining its original sentiment.

Personal Information

13. All personal details and/or information given either in the entry process or otherwise must be truthful, accurate and in no way misleading. Promoter reserves the right to disqualify entrants if they have supplied untruthful, inaccurate or misleading personal details and/or information.
14. Any personal information that entrants share with the Promotor (including name, address, email, social media profile, or other data) will be kept secure and only used in line with Promoter’s Privacy Policy and these Terms. By entering the prize draw, entrants agree that their information may be used by the Promotor and its suppliers to administer the promotion. The Promotor may contact entrants by email, post, phone, SMS or other means in relation to the promotion, but will not send entrants any marketing communication unless entrants have also agreed to this.

Use of Entry Content

15. Promoter shall own all the copyright and other intellectual property rights in the entries and any other materials (whether visual, oral or written) generated during the various stages of this promotion, in perpetuity and on a worldwide basis for use at Promoter's sole discretion including, without limitation, use in advertising, other media, press releases, editorial and promotional activity, point of sale material, Promoter's websites, third party websites (including Facebook, Instagram, Twitter and Youtube), newsletters and e-newsletters.
16. Accordingly entrants assign to Promoter any copyright and other intellectual property rights which exist in their participation in this competition and irrevocably waive any moral rights that could vest in them (which shall include their name, location and age) under the Copyrights, Designs and Patents Act 1988 or otherwise, and undertake to do all things necessary immediately on Promoter’s request to effect or confirm any assignment in this paragraph.

Limitation of Liability

17. Neither Promoter nor agencies nor suppliers involved in this promotion may be liable to the winners, whether arising from tort including negligence, breach of contract or otherwise or for any damage, loss, liabilities, injury or disappointment incurred or suffered whatsoever as a result of or relating to participation in this prize draw or the prizes to the extent permissible by law. No compensation for loss of earnings will be paid by Promoter for participation in any aspect of this prize draw.

Website Specific Terms and App Specific Terms

18. Entrants must have internet access to be eligible.
19. By entering this prize-draw, entrants will be deemed to be bound by and have accepted these Terms and Conditions. If the How to Enter Requirements require entrants to use the Promoter’s website, entrants must read and accept the Promoter’s website Terms and Conditions and Privacy Policy to be eligible. If the How to Enter Requirements require entrants to download and use an app created by the Promoter, entrants must read and accept the app Terms and Conditions to be eligible. Promoter reserves the right to disqualify any entries that have failed to abide by and/or are in breach of these aforementioned terms.

General Terms

20. Promoter’s decision is final and no correspondence will be entered into.
21. Promoter reserves the right in its absolute discretion to amend or waive any of these Terms and Conditions, or suspend or cancel the prize draw at any stage, in the event of circumstances that are unforeseen or beyond its reasonable control (including suspected or actual fraudulent or misleading practices or other breaches of these Terms and Conditions).
22. English law applies and the English courts shall have exclusive jurisdiction over any proceedings in connection with this promotion.