TERMS OF USE OF WEBSITE
Effective as of 18.03.2019Welcome on this Website dedicated to the L’Oréal Professional Products Division B2B Partner Shop (hereinafter the "Website").
Please read carefully these Terms of Use which govern the use of this Website (hereinafter the “Terms of Use”). By using this Website, you agree to these Terms of Use without reserve.
For any request relating to your use of the Website, you may contact Us at the following address: [email protected]
LEGAL NOTICE
Website URL: Lorealpartnershop.com
Contact: E-mail: [email protected] - Telephone Number: 0800 0304 034
Publisher: L’Oréal UK Limited, acting through its Professional Products Division, incorporated and registered in England and Wales with company number 271555 whose registered office is at 255 Hammersmith Road, London, W6 8AZ (hereinafter the "Publisher" or "We" or “Us”).
Hosted by: Salesforce.com EMEA, a private Limited Company (Ltd) with capital of 100,000 GBP, whose registered offices are located Village 9, Floor 26 Salesforce Tower; 110 Bishopsgate, London, UK EC2N 4AY, ], registered in The United Kindom and Wales under the number 05094083.
Telephone number: +44(0)203 1477600
1. ACCESS TO THE WEBSITE
To access and use this Website you need to be a professional beauty business who is an existing client of the Publisher, and hold an active trading account with the Publisher. You will need a valid email address to access this account.
Access to the Website and/or certain sections thereof may require the use of PIN codes. In such case it is up to you to take the necessary steps to keep such codes secret. You may naturally change them at any time. However, the number of attempts to access the Website and/or certain section thereof may be limited in order to prevent any fraudulent use of such codes. Please inform Us of any fraudulent use that you may become aware of. In the event of any breach of the rules set forth under these Terms of Use, We reserve the right to suspend your access.
Additional fees for accessing and using the Internet remain at your charge.
2. INTELLECTUAL PROPERTY
a. Intellectual property rights
Developing this Website involved significant investments. The Website and each of the elements it comprises (i.e., brands, images, texts, videos, etc.) are protected by intellectual property rights. No use, reproduction or representation of the Website (in whole or in part), on any media whatsoever, for any other purposes, including, but not limited to, commercial purposes, shall be authorized.
We may make available to you via this Website contents that you are authorized to download (hereinafter the "Downloadable Content"). We grant you, for your personal and private use only, free of charge and for the legal protection period of intellectual property rights as defined by French and foreign laws and international treaties, a non-exclusive and non-transferable right to use the Downloadable Content. Any reproduction, representation, modification or distribution of the Website shall be prohibited. By downloading or using such Downloadable Content, you agree to use them in accordance with these Terms of Use.
In the event that We make a Website available to you which enables you to edit a picture (especially in order to virtually test a cosmetic), you hereby acknowledge and agree that such Website shall be only for your own private use in compliance with its intended purpose.
You shall not be authorized to make any such use of this Website as may be detrimental to the honor, repute or rights of any third parties as described below.
b. Third-party rights
We hereby remind you that you shall secure all the necessary authorizations and rights from any relevant rightsholders in connection with any content you may wish to post via the Website, including any and all intellectual property rights and/or literary, artistic and/or industrial property rights, and publicity rights (including the right to one’s image), to allow your quiet use of such contents. For example, you shall secure the rights in and to any contents (especially photographs) showing recent architectural items, advertising designs or apparel designs that might appear (acronyms, logos, etc.).
c. User Contents
We may make available via this Website a space dedicated to user contents, such as text, photos, videos, opinions, etc. (hereinafter "User Content").
By posting User Content via the Website, you hereby grant Us a royalty-free, irrevocable, non-exclusive, worldwide and for the legal protection period of intellectual property rights as defined by French and foreign laws and international treaties (including any subsequent suppletive or amending regulations) license to reproduce, display, use, copy, modify, adapt, edit, distribute, translate, create derivative works from, incorporate into other works, distribute such User Content (in whole or in part).
Said use shall be authorized for all in-house or external, corporate or financial communication purposes, advertising, and for all public relations, historical or archival purposes, of L’ORÉAL Group or its affiliates, its products and/or its brands, particularly on the following media:
- • Posting in all format, in unlimited quantity,
- • The written press, unlimited number of publications,
- • Publishing, unlimited number of publications, particularly publishing for purposes of in-house communication, including sales force and distribution network (wholesalers, retailers, agents, etc.), events, leaflets for congresses, tradeshows, stands ...; B-to-B communication, in the professional press, for an unlimited number of publications and/or quantities;
- • Electronic, IT, digital, multimedia, Internet and Intranet publishing, via any websites (whatever the website and/or medium, including social networks such as Facebook, Twitter, YouTube or Dailymotion), unlimited number of inserts and broadcasts,
- • via any advertising media (including by way of advertising at retail outlets and on the L’ORÉAL Group brand products (hereinafter the “Media”).
In addition, We hereby remind you that any Content may be referenced on a search engine and therefore to be accessed by an audience outside the Website.
This authorization gives Us the possibility to adapt your Content as initially fixed and/or make any such clarification to the User Content as We may consider useful, provided that the User Content shall not alter your image or words.
Further, the use of User Content may come with such anonymized information as your city, country or age, and/or, if you expressly authorized it, information allowing your identification such as your first name, or your alias.
Any such User Content as you may publish via this Website shall be chosen by you and under your sole liability. However, We would like to remind you that User Content shall not conflict with applicable legislation or accepted standards of morality, or the principles stated herein. In this regard, We reserve the right to remove at any time any such User Content as may not comply with these Terms of Use, including the Code of Conduct.
In addition, if you access User Content created by another user, you shall be required to comply with said user’s rights and you shall, in particular, not reproduce or disseminate said Content published via other media without the relevant user’s prior consent.
3. CODE OF CONDUCT
We support the values of tolerance and respect of others.For this reason, by using this Website, you agree not to:
- • Convey any racist, violent, xenophobic, malicious, rude, obscene or unlawful comments;
- • Disseminate any content that may be harmful, defamatory, unauthorized, malicious or infringing on privacy or publicity rights, inciting violence, racial or ethnic hatred or qualify as gross indecency or incitement to commit certain crimes or offences;
- • Use the Website for political, propaganda or proselytizing purposes;
- • Publish any content advertising or promoting any products and/or services competing with the brand(s) displayed on the Website;
- • Divert the Website from its intended purpose, including by using it as a dating service;
- • Disseminate any information that may directly or indirectly allow the nominal and specific identification of an individual without prior and express consent, such as their last name, postal address, email address, telephone number;
- • Disseminate any information or content that may be upsetting for the youngest;
- • Intimidate or harass others;
- • Conduct illegal activities, including that may infringe anyone’s rights in and to any software, trademarks, photographs, images, texts, videos, etc.;
- • Disseminate content (including photographs and videos) portraying minors.
If you consider that any User Content is in breach of the principles listed above, of your rights or any third party’s rights (e.g., any infringement, insult, breach of privacy), you may send a notice to the following email address: [email protected], or by sending a detailed letter to the following address: PPD Business Transformation, L’Oréal (UK) Limited 255 Hammersmith Road, London, W6 8AZ, specifying in your email/letter the date on which you discovered said content, your identity, the URL, description of the reported content and the user ID of the author thereof.
As per the provisions of article 6-I-5 of Act 2004-575 of June 21, 2004 for confidence in the digital economy (Loi pour la confiance dans l'économie numérique), said notice shall contain:
- • the date of the notice;
- • if the sender is an individual: last name, first and middle names, occupation, address, nationality, date and place of birth;
- • the addressee’s name and address or, if a legal entity, its corporate name and registered offices;
- • a description and specific location of the reported facts (e.g., URL link to the reported content;
- • the reasons why such content should be removed, including an indication of the legal provisions and qualification (justifications) applicable to the facts;
- • a copy of any correspondence sent to the author or publisher of the reported information or activities requesting their interruption, removal or alteration, or justification that the author or publisher could not be reached.
4. INFORMATION CONTAINED ON THE WEBSITE
a. General provisions
We hereby remind you that inaccuracies and omissions may appear in the information available on this Website, particularly due to third parties. We hereby undertake to remove inaccuracies or to complete such information on the Website as soon as possible.
b. Advice and beauty profile
The advice provided on this Website and/or the tools made available to define your beauty profile are merely simulations intended for obtaining expert cosmetics advice.
The information they deliver are for strictly indicative purposes and shall in no event replace a medical diagnosis or clinical consultation, nor be substituted for a medical treatment.
Accordingly, We cannot guaranty your entire satisfaction with the advice that results from the use of such tools and assume no liability for any use you may make thereof.
For any further information or in the event of doubt, We recommend that you consult your physician.
c. Hypertext links
The hypertext links included on the Website may lead you to websites published by third parties and the content of which We do cannot control. Accordingly, to the extent that said hypertext links were included on this Website for the sole purpose of facilitating your browsing experience of the Internet, looking up any third-party websites shall be your own decision and your sole liability.
5. PERSONAL DATA
We may collect personal data related to you, particularly when you: (i) subscribe for a service; (ii) download Downloadable Content; (iii) sign in; (iv) apply for a game/competition; (v) send Us an e-mail; (v) respond to a poll or study.
For any further information on the processing of your personal data, please look up our privacy policy here.
6. COOKIES
Cookies are small files that are left on your device while you browse the Website (such as the pages looked up, the date and time of such access, etc.) and which may be read whenever your access the same Website (hereinafter “Cookies”).
For further information on the use of cookies, please consult our cookie table in the footer of this website.
7. AMENDMENT TO THE WEBSITEAND THE TERMS OF USE
We may amend the contents and information included on the Website as well these Terms of Use, particularly for purposes of compliance with any new applicable legislation and/or regulations and/or to improve the Website.
Any amendment shall be notified to you via the Website before becoming effective under these Terms of Use. Unless the amendment requires your express approval, your continued use of the Website shall be deemed as your acceptance of the new Terms of Use.
8. DISCLAIMER
We shall use our best efforts to maintain access to the Website and Downloadable Content at all times. However, We cannot guarantee the permanent availability and accessibility of the Website. Indeed, we may be required to momentarily suspend access to all or part of the Website, particularly for technical maintenance purposes.
It is hereby further specified that the Internet and IT or telecommunication networks are not error-free and that interruptions and failures can occur. We cannot provide any guarantee in this regard and shall not therefore be held liable for any damage that may relate to the use of the Internet and IT or telecommunication networks, including, without limitation:
- - Poor transmission and/or reception of any data and/or information via the Internet;
- - Any external intrusions or computer viruses;
- - Any defaulting reception equipment or communication networks; and
- - Any such Internet malfunction as may hinder the proper operation of the Website.
9. GOVERNING LAW AND DISPUTES
These Terms of Use shall be governed by English law and the parties agree to submit to the courts of England.
For any issue, please contact our Customer Service:
[email protected]
0800 0304 034
Monday-Friday 08:00-19:00
Partnershop
PPD Business Transformation,
L’Oréal (UK) Limited
255 Hammersmith Road,
London, W6 8AZ
AND COPY TO:
Company Secretary
L’Oréal (UK) Limited
255 Hammersmith Road
London W6 8AZ
After said referral to Customer Service, any consumer dispute may be submitted to the Online Dispute Resolution Platform (Plateforme de Règlement en Ligne des Litiges), pursuant to section 14 of EU Regulation no. 524/2013, which is accessible via the following link: https://webgate.ec.europa.eu/odr/.]
If the dispute cannot be resolved through said mediation process, it shall be referred to the French courts of competent jurisdiction.
10. L’OREAL PARTNER SHOP LIVE CHAT TERMS & CONDITIONS
Your use of Live Chat
Live Chat facilitates you interacting with our team of expert advisors to get real time advice and answers to questions about our products and services through pop-up windows live chat on screen on our website www.lorealpartnershop.com/uk. We provide our customers with this service for the purpose of assisting you with queries relating to our products and services and providing general information about L’Oréal Partner Shop upon your request over our website.
These Terms of Use govern your use of the L’Oréal Partner Shop chat service offered by L’Oréal (U.K.) Limited on its website www.lorealpartnershop.com/uk (the "Chat Service"). To the extent of any conflict between our Privacy Policy and these Terms of Use, these Terms of Use shall prevail.
L’Oréal (U.K.) Limited permits you to use the Chat Service solely for your personal use for the purpose described in these Terms of Use. You are permitted to use the Chat Service on a free, non-exclusive and non-transferable basis. You must not use or attempt to use the Chat Service to:
- adversely affect the reputation of L’Oréal (U.K.) Limited, it’s brands or it’s trading divisions or the Chat Service provider iAdvize;
- damage or interfere with the Chat Service data, software, website or information technology systems;
- send any inappropriate, offensive, obscene, inflammatory, threatening, hateful, discriminatory, defamatory, fraudulent or otherwise unlawful or indecent information; or
- cause deliberate annoyance or inconvenience to L’Oréal (U.K.) Limited, it’s brands or it’s trading divisions or the Chat Service provider iAdvize.
Your use of the Chat Service constitutes acceptance of these Terms of Use. You acknowledge that L’Oréal (U.K.) Limited 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.
L’Oréal (U.K.) Limited reserves the right not to respond to and delete:
- Duplicate queries;
- Blank queries;
- Any unintelligible content (such as content that contains random characters and meaningless word strings);
- Queries in a language that is not English; or
- Any submission if it does not comply with these Terms of Use.
If you have any concerns or complaints or want to report an issue about any L’Oréal Partner Shop products and their application to you, or you have technical questions about the L’Oréal Partner Shop website please contact our Customer Care team on 0800 0304 034. You can also email us at [email protected]. L’Oréal (U.K.) Limited reserves the right to refer your query to its Customer Care team rather than responding via the Chat Service it if it believes that your query would be better handled in this way.
Live Chat is a facility established and maintained by iAdvize, a company incorporated in United Kingdom. Accordingly, the Chat Service may be unavailable from time to time for maintenance or other technical reasons and L’Oréal (U.K.) Limited cannot take any responsibility for any errors, omissions, interruptions, deletions or delays that may be experienced by users when accessing the Chat Service.
L’Oréal (U.K.) Limited reserves the right to suspend or cease to provide the Chat Service at any time without notice or to change these Terms of Use at any time. If you are uncertain about anything in these Terms of Use you may contact us on [email protected].
Limitation of Liability
To the fullest extent permitted by law, L’Oréal (U.K.) Limited excludes all implied representations, conditions and warranties whether express or implied. L’Oréal (U.K.) Limited 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.
Warranties and Indemnity
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 website;
- Dis-assemble reverse-engineer, decompile or otherwise attempt to determine the underlying source code of the Chat Service or website;
- Take any action with a view to distributing or reproducing the website or the Chat Service; or
- Take any action that would affect the functionality of the Chat Service or the website, 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 website to any third party.
By using the Chat Service, you represent and warrant that:
- You are the author of content submitted in your personal capacity, 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 or any other aspect of your query;
- 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 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 L’Oréal (U.K.) Limited’s competitors or their products (namely other manufacturers and/or distributors and/or retailers of health and beauty products);
- That seeks to take unfair commercial advantage of or gain information about L’Oréal (U.K.) Limited or its products for the benefit, directly or indirectly, of any of its competitors;
- 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 advice about our products available on, or services in respect of, L’Oréal Partner Shop 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;
- 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 L’Oréal (U.K.) Limited or any of its brands or trading divisions);
- 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 brand website, the Chat Service or any computer file, database or network.
You agree to indemnify, keep indemnified and hold L’Oréal (U.K.) Limited (which shall include its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, including but not limited to iAdvize), 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 L’Oréal (U.K.) Limited for any breach of your representations and warranties set forth above.
Privacy and Cookies
By providing your email address when using the Chat Service, you agree that L’Oréal (U.K.) Limited and its third party service providers may use your email address to contact you about your query and for market research or administrative purposes. L’Oréal (U.K.) Limited will not send you any marketing, unless you have also told us you want to receive this.
L’Oréal (U.K.) Limited keeps records of all chats for quality and verification purposes, to give you the best and most relevant advice, and for market research and analytics. These records are stored by iAdvize on behalf of L’Oréal (U.K.) Limited .
You are not required to provide any personal information when using the Chat Service. By providing personal information to L’Oréal (U.K.) Limited through the Chat Service, you consent to L’Oréal (U.K.) Limited using your personal information in this way and in accordance with our Privacy Policy.
The Chat Service allows you to ask questions about our products and services and get advice from our team of expert advisors. Do not share sensitive personal information (such as medical information or bank details) via the Chat Service. If you have a concern or complaint please contact our Customer Care team on 0800 0304 034. You can also email us at [email protected].
The Chat Service also uses cookies to help us give you the most relevant advice. For further information on cookies (including their purpose, function, and how to switch them off), please see our Privacy Policy.
Governing Law and Jurisdiction
These Terms of Use are governed by and construed in accordance with English law. You agree to submit to the non-exclusive jurisdiction of the courts of England.
Live Chat Terms & Conditions Updated 21.02.2020