Terms & Conditions
We are L'Oréal Australia Pty Limited (ABN 40 004 191 673), and our registered office is at 564 St Kilda Road, Melbourne, Victoria 3004 (L'Oréal/us/we/our). By using or accessing the Site, or by placing an order for Products, you accept these Terms.
From time to time we may update these Terms. Please check them before you place a new order, or before you use or access the Site, to see if there are changes. If you place an order using the Site, or if you continue use or access of the Site, this will constitute your acceptance of these Terms and any updates.
ONLINE SHOPPING TERMS
1) Key terms of sale
(a) You may not order more than 5 units of any item per size, and per day via the Site; and your total product price paid per day may not be more than $2000 per customer. You may not order more than 10 Products with the same SKU in one calendar month. If an order is more than these limits, we have no obligation to fulfil the order. We may update these limits from time to time either here in these Terms, or on the Product page.
(b) Products purchased via the Site are for personal use only. They must not be used in your professional capacity, and must not be re-sold for commercial purposes.
(c) We can only deliver within Australia, and to physical addresses. Orders with a PO Box as the delivery address will not be processed.
(d) If you place separate or consecutive orders, we won't be able to combine or consolidate them into one delivery, and separate delivery charges will apply to each order.
(e) From time to time we may publicise competitions or make promotional discount codes or other offers available for Products purchased via the Site (eg gift with purchase). The participation in competitions, or, particular use of those codes or offers (including specific terms or conditions) will be described on the Site at the time they are made available.
2) Appearance of Products on the Site
(a) The Site contains text, code, software, video, music, sound, graphics, photographs, illustrations, artwork, names, logos, trade marks, service marks and other material (Content) in relation to our Products.
(b) We do our best to ensure the Site and its Content is accurate, but we do not guarantee or give any warranty that it is complete, accurate or fully up to date. For example, photos of the Products are for illustration only. We aim to ensure that the shade and image of our Product photos accurately represent the Products as purchased. However variations can occur for things like colour and transparency or how opaque a product looks when used, particularly because of technical limitations in reproducing colour on screens. As a result, we don't recommend that you only rely on the photos on the Site. To the extent permitted by law, we will not be liable for errors, variations or inaccuracies in Content on the Site.
3) Product Availability
Your purchase of Products is subject to their availability. If a Product is not available, we will let you know as soon as we can. We're not obliged to supply Products, and we aren't liable if a Product is out of stock or unavailable. If we notify you of a Product's unavailability after your order is accepted, you can either cancel the whole order and we will refund you for it; or you may wish to cancel the order for the out of stock Product, and proceed with the remainder of the order; or (depending on the particular Product) we may be able to hold your order until new stock arrives.
4) Price and delivery costs
The prices of the Products are in Australian dollars and include GST. Delivery costs are separate. They are set out in the Shipping section, and will be added to the price of the Products to give your total price payable. We may change Product prices and delivery costs from time to time. You will be required to pay the total price via the Site which is published at the time you submit your order.
5) Orders and payment
(a) To place an order, you need to provide us with the information in our order form page, including your name and delivery address, as well as an email we can send your confirmation to. You're responsible for any errors in your order which you cause, including if you type in an incorrect delivery address or email. We're not responsible or liable for any losses if you provide inaccurate or incomplete details.
(b) Once you submit your order, it can only be cancelled or changed if we agree to do so: you should check your order carefully before submitting it.
(c) You must pay for your order in full at the time you submit it. An order is only confirmed once we receive your payment. We will send you a confirmation email about your order, as well as an email when we have dispatched the Product you've ordered.
(d) The record of the transaction generated from the Site is proof of the purchase of Products, including if there's a dispute between you and us about the purchase.
(e) We can refuse orders: if they are over the number or dollar value limits; if we have an existing dispute with you; if you've failed to pay for part or all of a previous order; or, if your payment authorisation is refused by your banking organisation.
(f) If there has been a genuine human or system error on our part (eg a price or a Product description), we don't have to fulfil an order which is affected by that error, and we will give you a refund. If only part of an order is affected by an error, we will refund you for that part, but we will fulfil the rest of the order. We can also correct any errors, inaccuracies or omissions, without further notice to you.
(g) We can also refuse or cancel orders at any time without giving you any reason at all.
(h) As part of our fight against fraud, information about orders will be analysed by our payment partner.
(i) Products remain our property until we receive full payment. Risk in the Products (including damage or theft) transfers to you once the product is delivered.
(a) Orders are usually prepared by our logistics centre located in Dandenong, Victoria, Australia, then dispatched by our delivery agent. Delivery times will vary depending on a number of factors, including Product availability, the capacity of our centre, supplier delivery of Product to us, and any delays experienced by our delivery agent. We are not responsible or liable for any delay in delivery. If your order is late, email us at [email protected] and we will follow it up with our delivery agent. (b) Once you receive your Products, you should check that they match your order. Please tell us immediately if they are not correct. Subject to applicable law, we may still reject any delivery complaints if we receive them more than 7 working days after you receive the delivery.
7) Our Products, returns and defects
(a) If we give a warranty or guarantee about a Product, it applies in addition to your other rights and remedies under the Australian Consumer Law, and any other applicable laws. Our Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure.
(b) However, to the extent possible under law, we exclude all implied terms and warranties, whether statutory or otherwise, relating to these Terms, the Site, ordering, delivery and the Products. We will not be liable for any expense or injury (including indirect loss, such as revenue, profits, goodwill or business opportunity) in contract, tort, under statute or otherwise, however caused, including directly or indirectly in connection with these Terms, the Site, ordering delivery and the Products. Any liability we have to us is reduced to the extent that you cause or contribute to the loss or damage.
(c) We cannot refund or exchange Products if you simply change your mind.
(d) If you receive a Product which has been sent in error, or which doesn't comply with its specification, contact us immediately at [email protected]. You must return the affected Product to us within 7 working days of you receiving it, in its original form and packaging. Once we receive it, we will inspect it and investigate any claimed defects as quickly as possible. If we determine that the Product is defective, or if it has been sent to you in error, we will either refund the price you paid and the postage costs, or we will exchange the Product and send you an alternative, at our election.
(e) We may determine that the Product is not defective or has not been sent to you in error, including on the basis that you have not used the Product in accordance with its instructions, or if you have failed to take reasonable care, or for some other reason outside of our control. In this case, we may reject your claim, and return the Products to you at your cost. However nothing in these Terms limits your rights at law.
(f) If a Product is subject to a recall, we will do our best to notify you, and arrange for the Product to be returned.
(g) If you Purchase a Product as a gift, or otherwise for delivery to someone who isn't you, you consent to us contacting the recipient if we need to, including if there is a recall.
1. Access to the Website
If you are under 18 years of age, then you must obtain your parent or guardian’s consent before accessing and using the website.
You may freely use the Website, without being required to sign in or create an account.
Additional fees for accessing and using the Internet remain at your charge.
2. Virtual Try On
This Website may provide you with a make-up or hair-color try-on feature. You can choose the live service (using your device webcam) or an existing picture (uploaded from your device).
The result of the experience (picture with make-up or hair-color) can be downloaded on your device and you may have the option to share it on social platforms. You are free not to use this service.
Pictures are not stored by Us, unless you use the sharing on social platforms, in such case, the picture will be stored during 49 hours. The picture is deleted automatically after such period.
If you share the result of the experience outside of the virtual-try-on feature (through native features available in your device) We are not involved in such sharing (no personal data processing by Us).
Our service is intended to be as accurate as possible this does not constitute a guarantee that the recommended shade (make-up or hair-color) will be an exact match. We always advise visiting your local brand counter.
3. Book An Appointment
This Website may allow you to book an appointment (in store or online) with a beauty advisor of IT Cosmetics.
To book an appointment, you need to select a type of services, an available date and time on the beauty advisor schedule and fill in with your first name, last name, email address or your phone number if you chose to receive confirmation and reminder by text message. You can modify or cancel the appointment at any time.
By requesting a teleconsultation appointment, you will need to allow your browser to activate your camera to connect with the beauty advisor. Video teleconsultation is a live experience and will not be recorded.
4. Product Testing & Sampling Campaigns
The Website allows users to participate to Product Testing and Sampling Campaigns. These services mean to help Us find out your opinion and feedback on our products in order to target what you desire and what suits you most.
These services are governed by specific terms and conditions and you are free not to participate to these services.
5. Ratings & Reviews/Forums
The Website allows you to publish ratings and reviews (including pictures) helping us find out your opinion and feedback on our products and services, in order to target what you desire and what suits you most.
The Website also allows you to participate to Forum (including pictures) by selecting an existing topic or creating a new one.
By posting on the Website through the rating and review functionality or the Forum, you represent and warrant that:
• You are the author of the comment, 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 review;
• All content that you post is truthful and accurate.
• that contains any information (including pricing) about IT Cosmetics competitors or their products (namely other manufacturers and/or distributors and/or retailers of health and beauty products);
• that is unrelated to the purpose of reviewing the products listed on the Website;
• 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 IT Cosmetics;
• 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 or other potentially disruptive or damaging computer programs or files.
• duplicate content;
• blank reviews; and
• any unintelligible content (such as content that contains random characters and meaningless word strings).
6. 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.
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.
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.
7. Code of Conduct
We support the values of tolerance and respect of others.
For this reason, by using this Website or any services made available to you through the Website (e.g. teleconsultation services, online chat, ratings and reviews, forum), you agree to:
• Not publish or provide any personal data that may be considered ‘sensitive’:
- personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs;
- trade-union membership;
- genetic data, biometric data processed solely to identify a human being;
- health-related data;
- data concerning a person’s sex life or sexual orientation;
• Not convey any racist, violent, xenophobic, malicious, rude, obscene or unlawful comments;
• Not 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;
• Not use the Website for political, propaganda or proselytizing purposes;
• Not publish any content advertising or promoting any products and/or services competing with the brand(s) displayed on the Website;
• Not divert the Website from its intended purpose, including by using it as a dating service;
• Not 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;
• Not disseminate any information or content that may be upsetting for the youngest;
• Not intimidate or harass others;
• Not conduct illegal activities, including that may infringe anyone’s rights in and to any software, trademarks, photographs, images, texts, videos, etc.;
• Not disseminate content (including photographs and videos) portraying minors;
• Not display or share inappropriate content or material involving, for example, nudity, pornography, offensive language, violence, or criminal activity;
• Not adopt inappropriate behaviour or act in a way likely to offend others’ sensibilities;
• Not capture and/or record and/or disseminate any capture of conversational screens or teleconsultations with our hosts on any electronic means of communication.
• Immediate, temporary or permanent withdrawal of right to access and use this Website and services provided on the Website;
• Delete User account;
• Remove User Content uploaded to this Website;
• Disclose such information to law enforcement authorities as required by law;
• Initiate legal proceedings and/or refer it for criminal prosecution.
We reserve the right to take all the measures mentioned above at any time, without any notice and at our sole discretion. Implementation of these measures may imply processing of your IP address.
8. 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.
9. 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 etc.
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”).
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.
Lastly, our liability shall be limited to direct damage, excluding any other damage or loss whatsoever. More specifically, any indirect damage relating, without limitation, to any loss of profit, revenue or goodwill.
13. Governing Law & Pursuits
For any issue, please contact our Customer Service team at [email protected] or telephone us on 1300 659 359.
SITE TERMS & CONDITIONS
2) Your Use of the Site
In addition to the Content, some parts of our Site may be interactive, or allow you to post comments, reviews, or your own content such as images or videos (Material). This also includes our social media sites. The interactive parts of our Site and our social channels may be operated by a third party or using their specific technology, such as Bazaarvoice or Olapic. When using the Site, including these interactive parts, as well as any social media channels to post Material, you must not:
(a) commit or encourage a criminal offence, including promoting violence or hate-crimes;
(b) transmit a virus, trojan, worm, or any other material which is technologically harmful, or a breach of confidentiality;
(c) transmit any unlawful, threatening, defamatory, obscene, abusive, inflammatory, offensive, or pornographic material or other material that could give rise to any legal liability;
(d) hack into the systems or data related to the Site;
(e) infringe any person's intellectual property rights (eg copyright);
(f) use the Site to send spam; or,
(g) attempt to affect the performance or functionality of the Site, or our systems.
You may link to the Site in a way that is fair and legal and does not damage our reputation or take advantage of it. You cannot link, frame, refer to, or post Material to, or otherwise use the Site, or our Products, in a way which incorrectly suggests any form of association, approval or endorsement by us, or in a way which would be misleading or deceptive, or likely to mislead or deceive.
By submitting Material you warrant that you are its sole author; you waive your moral rights (including the right of attribution) in relation to the Material; the Material is not false or misleading; and, it does not infringe any person's intellectual property rights, or any other applicable laws. We do not recommend that you publicly post your address, email, or contact other information. By submitting Material you grant us (and our affiliates) a royalty-free, unrestricted, world-wide, sub-licensable, perpetual, irrevocable, non-exclusive, transferable licence to use, copy, reproduce, modify, edit, alter, create derivative works from, commercialise, publish, and perform the Material in anyway, in any medium. We may also delete the Material, in our sole discretion.
The Site may contain links to third party web pages, and in some cases, marketing material from third parties. We don't control what's on those pages or in that marketing content. We are not responsible for any of their content, including links or other functionality like e-commerce. If our Site contains a link to a third party web page, it's not necessarily an endorsement by us of that third party, their page or their products or services. If you have questions or concerns about those third party pages or content, you should contact the relevant owner or operator of that page. If the Site contains links to other third party websites to purchase products, your purchase and your use of those websites will be covered by terms between you and the relevant third party operator of those websites.
4) Intellectual Property
The Site is made up of Content which is protected by intellectual property laws (eg copyright, patents, and registered trade marks and designs), as well as and other legal rights and actions.
The Site includes Content which we own or control, as well as Content which is owned or controlled by other parties, which we licence.
You should not use our trade marks or names without our prior consent. If you become aware of unauthorised access to the Site or use of the Content which infringes any right, please tell us immediately.
5) Cookies and Other Trackers
When you access the Site, your use may be subject to cookies, beacons, trackers and similar technologies. These kinds of technology allow us to track how you use the site and where you click, as well as things like your device, IP address and browser type. The data collected is often stored or cached by your browser. We use these kinds of technology to do a number of things, including enabling our Site to work properly. It also allows us to gather data about how the Site is used by particular visitors. This enables us to customise it and improve its functionality, including things like making your click pathways clearer and easier to follow, or making the Site run faster, or remembering you when you return to the Site. It also means we can improve our marketing and advertising, so it is relevant to you.
Most browsers automatically accept things like cookies, however you can change the settings, so they don't. If you turn off cookies and trackers, it might stop some functions of the Site, so you may not be able to access or use everything you would if the cookies were turned on.
4) Licence and Download Rights
Using the Site doesn't give you any rights or licences to the Content, other than as set out in these Terms. You may not copy, reproduce, republish, reverse engineer, decompile, distribute, modify, upload or create any derivative works from the Site or the Content.
5) No warranty, No Reliance
We do our best to ensure the Site and Content is accurate, but we do not guarantee or give any warranty that it is complete, accurate or fully up to date. The Site and Content is provided “as is”.
To the extent permitted by law, we exclude all liability relating to the access to and use of the Site. We accept no responsibility for the Site or the Content.
Further, the Site and Content may not always operate uninterrupted, or be error- or defect-free. It may not be compatible with your device, internet access type or limits, or browser. We do not warrant that the Site or Content is free from viruses, worms, Trojans, or similar, or that it will be free from hacks, denial of service attacks; and we are not liable for any damage or losses you might incur as a result of any of these. We are not responsible for Content provided by third parties.
We acknowledge that some jurisdictions do not allow the exclusion of certain implied guarantees and warranties, so some or all of the above exclusions may not apply to you. Our community is global. As such, our Site may include reviews of Products which have been submitted to our sister-sites by users in other countries (such as the USA or the UK). These products may have different features, strengths, ingredients or settings, depending on what is available or required in that country. If a review from an international site refers to a particular feature, ingredient or composition, check to ensure the Australian or New Zealand product is equivalent.
6) Limit of liability
Your use of the Site and Content is at your own risk. If you don't accept these Terms, or have issues with the Site or Content, your only remedy is to stop accessing or using the Site. To the extent permitted by law, we exclude all liability for any direct, special, indirect, consequential or incidental costs, losses, expenses and damages, exemplary or lost profits, or any other damages of any kind incurred in any way (including negligence), which arises from, any use of, or inability to use, the Site, Content or any other website linked to the site.
7) Local regulations
The Site is not directed at any person in any jurisdiction or place where, for any reason, the publication or availability of the Site or Content is prohibited. If you are in such a place you must not access or use the Site.
We don't represent that the Site or the Content are appropriate or permitted for use or access in all jurisdictions. If you access the site, you are responsible for this kind of compliance.
8) Termination and Changes
We may terminate, alter, change, update or suspend the Site or Content for any reason and at any time, without notice or liability, including its functionality or technical specs. These changes might mean you can't access or use it in the same way, or at all. We're not liable for this.
(a) We're not liable if the Site, the Products, ordering, our staff, or the delivery of Products are affected by events which are outside of our control. For example, events which are outside of our control include things like war, riots, terrorism, strikes, and insurrection; security hacks or interruptions, technical failures affecting computers, hardware, software, and telecom lines; unauthorised access to the Site's services or our systems; and natural or human-caused disasters, such as fire, flood, explosion, cyclone, earthquake, or storm, or even the threat of such an event. If there is such an event, we will let you know as soon as we can. If the event continues for 30 days, we may cancel the order and we will reimburse you, where applicable.
(b) If one or more parts of these Terms is deemed or declared invalid under a law, regulation or following a definitive decision by a court having jurisdiction, the other provisions remain in effect. If we don't enforce or act on a part of the Terms, we aren't waiving our right to do so later.
(c) These Terms, and, if applicable, the order confirmation sent to you, together form the entire agreement between us and you about the Products, Site and Content, and they apply to the exclusion of all other documents and supersede any prior understanding or agreements (written or oral). If applicable, if the Terms and order confirmation are inconsistent, the Terms prevail.
(d) These Terms and the contract between you and us are governed by the laws of Victoria, Australia. You agree that the Courts of Victoria have exclusive jurisdiction over them.