KIEHL’S SKIN CARE SUBSCRIPTION TERMS AND CONDITIONS

Program: Kiehl’s Auto Replenishment Subscription Program.

 

Promoter: L'Oreal Australia Pty Ltd ABN 40 004 191 673, 564 St Kilda Road, Melbourne, VIC 3004, Australia. Ph: (03) 8680 0000.

 

Eligibility: The Program is open to Australian residents aged 18 years or over.

 

Participating products:

 

The following products form part of the Program (“Participating Products”):

• Kiehl’s Ultra Facial Cream 50ml;

• Kiehl’s Clearly Corrective Dark Spot Solution 30ml; and

• Kiehl’s Midnight Recovery Concentrate 30ml.

 

How to take part:

 

To take part in the Program, individuals must:

a) visit kiehls.com.au and follow the prompts to register; and

b) register for the Program (subscribing to purchase a Participating Product and opting to purchase that same Participating Product on a regular basis, with a maximum of eight (8) months in between purchases, as part of the subscription service) (“Eligible Purchase”).

 

Subscription information:

 

The Program is a subscription service, and the Participating Product will be delivered to participants until they opt to cancel the service. By taking part in the Program, participants enter into an agreement to receive the Participating Product on an ongoing basis.

 

Participants will be charged for their first order upon completing the initial transaction on the site. Subsequent recurring orders will be charged without further authorisation from the participant, unless they have cancelled or otherwise modified their subscription as outlined in these Terms and Conditions.

 

By subscribing to the Program, participants agree to receive the Participating Product on a recurring basis for an indefinite period until cancelled by the participant or the Promoter as set out in these Terms and Conditions. The subscription amount and billing intervals are set out on the checkout page, confirmation correspondence, and the customer login area of the Kiehl’s website.

 

In order to cancel the subscription service, participants can log in to their Kiehl’s account and follow the prompts to cancel. Cancellations must be made by 11:59pm AEST/AEDT (VIC time) at least 24 hours before the next billing cycle, which shall be stipulated on the Kiehl’s website.

 

Payment Information:

 

All payments can be made by credit or debit card (or any other payment method indicated on the Kiehl’s website). Participants are responsible for ensuring that their payment method details are valid and up to date and ensure sufficient funds are available at the time of payment processing.

 

The Promoter does not collect or store payment information. All payment information is collected and stored by the applicable third-party in order to be processed as required. The Promoter will never permanently store complete debit/credit card details.

 

All online debit/credit card transactions performed on the Kiehl’s site are through secured payment gateways. Complete debit/credit card details cannot be viewed by the Promoter or any outside party. Payments will appear on a participant’s bank statement or on PayPal as KIEHLSAU.

 

Free gift offer:

 

As part of the Program, the Promoter will record each Eligible Purchase made by a participant and keep a tally of these purchases. Individuals who take part in the Program and satisfy the purchase requirements will qualify to receive a free gift (as set out below) once they meet each purchase requirement (as set out below) (“Purchase Tally”).

 

Kiehl’s Ultra Facial Cream 50ml offer:

 

Individuals who opt to purchase Kiehl’s Ultra Facial Cream 50ml as their Participating Product will qualify for the following free gifts:

 

• Eligible Purchase 1: Ultra Facial Cream 7ml and Ultra Facial Cleanser 30ml (valued at $13.74);

 

• Eligible Purchase 2: Ultra Facial Cream 7ml and Calendula Herbal Extract Alcohol-Free Toner 40ml (valued at 14.50);

 

• Eligible Purchase 3: Ultra Facial Cream 7ml and Clearly Corrective Dark Spot Solution 4ml (valued at $18.34);

 

• Eligible Purchase 4: Ultra Facial Cream 7ml and Powerful-Strength Line-Reducing and Dark Circle-Diminishing Vitamin C Eye Serum 3ml (valued at $22.74); and

 

• Eligible Purchase 5: Ultra Facial Cream 50ml (valued at $51.00) Once a customer has made five (5) Eligible Purchases, their Purchase Tally shall restart at one (1) on their next Eligible Purchase.

 

Kiehl’s Clearly Corrective Dark Spot Solution 30ml offer:

 

Individuals who opt to purchase Kiehl’s Clearly Corrective Dark Spot Solution 30ml as their Participating Product will qualify for the following free gifts:

 

• Eligible Purchase 1: Clearly Corrective Dark Spot Solution 4ml and Ultra Facial Cream 7ml (valued at $18.34);

 

• Eligible Purchase 2: Clearly Corrective Dark Spot Solution 4ml and Ultra Facial Cream 7ml (valued at $18.34);

 

• Eligible Purchase 3 Clearly Corrective Dark Spot Solution 4ml and Clearly Corrective Brightening & Exfoliating Daily Cleanser 30ml (valued at $22.00);

 

• Eligible Purchase 4: Clearly Corrective Dark Spot Solution 4ml and Powerful-Strength Line-Reducing & Dark Circle-Diminishing Vitamin C Eye Serum 3ml (valued at $26.80); and

 

• Eligible Purchase 5: Clearly Corrective Dark Spot Solution 30ml (valued at $84.00). Once a customer has made five (5) Eligible Purchases, their Purchase Tally shall restart at one (1) on their next eligible purchase.

 

Kiehl’s Midnight Recovery Concentrate 30ml offer:

 

Individuals who opt to purchase Kiehl’s Midnight Recovery Concentrate 30ml as their Participating Product will qualify for the following free gifts:

 

• Eligible Purchase 1: Midnight Recovery Concentrate 4ml and Ultra Facial Cream 7ml (valued at $16.74);

 

• Eligible Purchase 2: Midnight Recovery Concentrate 4ml and Calendula Herbal Extract Alcohol-Free Toner 40ml (valued at $16.96);

 

• Eligible Purchase 3: Midnight Recovery Concentrate 4ml and Midnight Recovery Botanical Cleansing Oil 40ml (valued at $20.80);

 

• Eligible Purchase 4: Midnight Recovery Concentrate 4ml and Midnight Recovery Eye (valued at $20.80); and

 

• Eligible Purchase 5: Midnight Recovery Concentrate 30ml (valued at $72.00). Once a customer has made five (5) Eligible Purchases, their Purchase Tally shall restart at one (1) on their next Eligible Purchase.

 

Additional details (applicable to all Participating Products):

 

If a participant fails to make a purchase within the maximum eight (8) month time frame permitted (via their subscription), their Purchase Tally shall restart at one (1) again with their next Eligible Purchase. Participants are not eligible to suspend their subscription.

 

If a participant cancels and then resumes their subscription, their Purchase Tally shall restart at one (1) again.

 

Only one (1) gift will be awarded per transaction (regardless of the number of Participating Products purchased in that transaction), unless expressly stipulated by the Promoter.

 

Participants will be eligible to purchase different Participating Products and qualify for the corresponding gift(s), however, each Participating Product will have a separate subscription and Purchase Tally and only purchases of the same Participating Product will count towards the Purchase Tally.

 

1. Participants agree and acknowledge that they have read these Terms & Conditions (and the Schedule) and that participation in the Program is deemed to be acceptance of these Terms & Conditions (and the Schedule). Any capitalised terms used in these Terms & Conditions have the meaning given in the Schedule, unless stated otherwise.

 

2. This Program is not valid in conjunction with any other offer(s). Purchases must be made via kiehls.com.au to qualify for the Program.

 

3. The Promoter reserves the right to suspend or terminate the Program or a subscription at any time or make changes to these Terms & Conditions, in its absolute discretion (with or without providing notice of such changes).

 

4. The value of the gifts is accurate and based upon the recommended retail value (inclusive of GST) at the date of printing. The Promoter accepts no responsibility for any variation in the value of a gift after that date.

 

5. No part of a gift is exchangeable, redeemable for cash or any other gift. Gifts are not transferable, unless otherwise specified in writing by the Promoter. Gifts must not be resold. If a Participating Product is returned, the corresponding gifts must also be returned, or the value deducted from the refund.

 

6. All Eligible Purchases will be eligible for free standard shipping.

 

7. Participants are responsible for ensuring that their contact details, payment details and delivery details are kept up to date with the Promoter. Participants can update and edit these details by logging into their account and following the prompts to update their details. The Promoter is not responsible for any loss suffered as a result of a participant not keeping their account details up to date. In the event that a participant’s payment fails due to insufficient funds, incorrect or outdated payment information, the Promoter reserves the right to cancel their subscription (and/or restart a participant’s Purchase Tally in the event that they update or correct their purchase information).

 

8. If a gift (or portion of a gift) is unavailable the Promoter reserves the right to substitute the gift (or that portion of the gift).

 

9. The Promoter reserves the right, at any time, to validate and check a participant's details (including a participant's identity, age and place of residence).

 

10. The Promoter reserves the right to disqualify any claims in the event of non-compliance with these Terms & Conditions. In the event that there is a dispute concerning the conduct of the Program, the Promoter’s decision will be final and no correspondence will be entered into.

 

11. The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person's negligence or willful misconduct) in connection with this Program or accepting or using any gift (or recommendation), except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).

 

12. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of these rights.