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TERMS OF USE OF WEBSITE
Effective as of 25.07.2024Welcome 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 187 Wood Lane, London, W12 7SA (hereinafter the "Publisher" or "We" or “Us”).
Hosted by: 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 187 Wood Lane, London, W12 7SA.
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 187 Wood Lane, London, W12 7SA, 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 here.
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
187 Wood Lane, London, W12 7SA
AND COPY TO:
Company Secretary
L’Oréal (UK) Limited
187 Wood Lane, London, W12 7SA
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. USER-GENERATED CONTENT
This website may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site are their own and do not represent our views or values.
Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy. We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with these content standards.
Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us, and other users of our site, a limited licence to use, store and copy that content and to distribute and make it available to third parties.
ACCEPTABLE USE POLICY - PROHIBITED USES
- • In any way that breaches any applicable local, national or international law or regulation;
- • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- • For the purpose of harming or attempting to harm minors in any way;
- • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards below;
- • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
- • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- • Not to reproduce, duplicate, copy or re-sell any part of our Site in contravention of the provisions of these Terms; and
- • Not to access without authority, interfere with, damage or disrupt:
- o Any part of our Site;
- o Any equipment or network on which our Site is stored;
- o Any software used in the provision of our Site; or
- o Any equipment or network or software owned or used by any third party.
ACCEPTABLE USE POLICY – INTERACTIVE SERVICES
We may from time to time provide interactive services on our site, including, without limitation:
- • Chat rooms
- • Bulletin boards
- • Review forums
- • Q&A services
- • Virtual services (consultations, masterclasses, etc.)
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users from third parties when they use any interactive services provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant services (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
In respect of any virtual services we provide, we take the safety of our staff very seriously. We will not tolerate any offensive or threatening behaviour, or any harassment or abuse of our staff. We will take immediate action in such instances, including notifying the relevant authorities and disclosing to them any relevant information (including your identity) as necessary.
ACCEPTABLE USE POLICY - CONTENT STANDARDS
These content standards apply to any and all material which you contribute to our Site and to any interactive services associated with it.
You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
Contributions must:
- • Be accurate (where they state facts);
- • Be genuinely held (where they state opinions)
- • Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
- • Contain any material which is defamatory of any person;
- • Contain any material which is obscene, offensive, hateful or inflammatory.
- • Promote sexually explicit material.
- • Promote violence.
- • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- • Infringe any copyright, database right or trade mark of any other person.
- • Be likely to deceive any person.
- • Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- • Promote any illegal activity.
- • Be threatening, abusive or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- • Be likely to harass, upset, embarrass, alarm or annoy any other person.
- • Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- • Give the impression that they emanate from us, if this is not the case.
- • Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
ACCEPTABLE USE POLICY – SUSPENSION AND TERMINATION
We will determine, in our discretion, whether there has been a breach of this Acceptable Use Policy through your use of our Site. When a breach of this policy has occurred, we may take such action as we deem appropriate, and may result in our taking all or any of the following actions:
- • Immediate, temporary or permanent withdrawal of your right to use our site.
- • Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
- • Issue of a warning to you.
- • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- • Further legal action against you.
- • Disclosure of such information to law enforcement authorities as we feel is reasonably necessary.
We exclude liability for actions taken in response to breaches of this Acceptable Use Policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
0800 0304 034