Site 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. By setting up an account with us, you also accept the Kiehl’s Rewards terms and conditions.
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].
(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 custom[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.
9) 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;
(g) infringe any person's intellectual property rights (eg copyright);
(h) use the Site to send spam; or,
(i) 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 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.
11) 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.
12) 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.
13) 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.
14) 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.
15) 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.
16) 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.
17) 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) (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) (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.
18) KIEHL'S REFERRAL PROGRAM TERMS & CONDITIONS
(1) By participating in the Kiehl's Referral Program (“Promotion”) you acknowledge that you have read these Terms and Conditions regarding the Promotion, the Kiehl’s website terms at https://www.kiehls.com.au/terms-and-conditions.html and the Talkable terms, and that participation in this Promotion is deemed to be acceptance of all aforementioned terms and conditions. This Promotional offer can be valid in conjunction with other bonus product offers, but it is not valid with the following other offers: discount welcome offers, sitewide discount offers, 3 for 2 or other offers offering percentage off, $ off or discounted items.
(2) If a customer wishes to be removed from this Promotion, they can do so by filling out the Contact Us form on kiehls.com.au
(3) The Promoter reserves the right to modify or amend at any time these Terms and Conditions.
(4) The Promotion is conducted by L’Oréal Australia Pty Ltd ABN 40 004 191 673, 564 St Kilda Road, Melbourne, VIC 3004, Australia (“Promoter”).
(5) The Promotion commences on 01/01/2022 and will end at 11.59pm AEST on 31/12/2022 (“Offer Period”). All vouchers must be redeemed by 28/02/2023 11.59 AEST. The Promoter may choose to end the Promotion at any time at its own discretion.
(6) Offer Details: a) Only Australian residents are eligible to refer a friend via the mechanics of this Promotion (“Eligible Referrer”). Steps 6) a), b), c) and d) below must also be completed during the Offer Period to be eligible. b) A banner ad relating to this Promotion will be featured on the Kiehl’s Australia website (kiehls.com.au). Any Eligible Referrer who clicks this banner ad, will be directed to a pop-up form, and asked to provide their first name and valid email address and tick the box to subscribe to the Kiehl’s marketing database. Upon completion of the form and selection of the ‘’invite friends’’ button, the Eligible Referrer will be provided with a unique URL which they can copy and share with friends who are not an existing Kiehl’s Australia database member and are an Australian resident (“Referred Friend”). The unique URL will expire in 14 days. c) If the Referred Friend (who is not an existing Kiehl’s Australia database member and is an Australian resident) clicks the URL and submits the form as prompted, including providing their email address and clicks the tick box to sign up to the Kiehl’s Australia database; they (the Referred Friend) will receive a unique code on submission which they can use at checkout for their first purchase at kiehls.com.au to receive $10 off their first order with a minimum spend of $50 (“Referral Unique Code”). b) The Referred Friend may only use the Referral Unique Code once only. The Referral Unique Code will also be sent to the Referred Friend’s email address. For the sake of clarity, the same person can only complete the referral form once only and may only receive one (1) Referral Unique Code for the entire Promotion. d) Upon the Referred Friend completing the requirements in clause 6c) above including completing the required purchase using the Referral Unique Code, their Eligible Referrer will also be sent an email containing a unique code (“Eligible Referrer’s Code”). c) The Eligible Referrer may complete a purchase at kiehls.com.au and include the Eligible Referrer’s Code at checkout to receive $10 off that order with a minimum spend of $50. Each Eligible Referrer Code may be used once only; and only one (1) Eligible Referrer Code may be included for one (1) order. Each Eligible Referrer is entitled to only one (1) Eligible Referrer Code for each of their Referred Friends that completes the requirements in clause 6 c) above; up to a maximum of thirty (30) Eligible Referrer Codes in total per month (regardless of the number of persons they refer in excess of thirty (30)). Maximum of thirty (30) Eligible Referrer Codes may be used for the same delivery address. Maximum of thirty (30) unique URLs per Referrer per month of the Promotion. e) Offer codes does not apply to already discounted items. f) $10 off discounts cannot be applied to delivery costs. g) Codes will expire within 2 months from the date of receipt.
(7) Form submissions are deemed to be received at the time of receipt by the Promoter and not at the time of transmission or deposit by the Referred Friend or Eligible Referrer (each a “Participant” for the purposes of these Terms and Conditions). Records of the Promoter and its agencies are final and conclusive as to the time of receipt.
(8) Any offer code provided is not transferable, redeemable for cash or any another offer or gift.
(9) The Promoter reserves the right to invalidate any claims for this Promotional offer that they have reasonable grounds to believe was submitted fraudulently (e.g. with an email address which has been created by the Participant for the purposes of obtaining offer codes).
(10) Participants must ensure that any details provided on any form submitted for this Promotion are correct. The Promoter will not be responsible if incorrect email address details are provided and a Participant fails to receive an offer code.
(12) The Promoter accepts no responsibility or liability for any delay or failure by the third party to deliver an offer code, any delay or failure relating to the offer code itself or failure by the third party to meet any of its obligations in these Terms and Conditions or otherwise.
(13) Any guarantee or warranty given is in addition to any relevant statutory guarantees and warranties and nothing in these Terms and Conditions restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth).
(14) If for any reason any aspect of this Promotion is not capable of running as planned, including by reason of computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any cause beyond the control of the Promoter, the Promoter may in its sole discretion cancel, terminate, modify or suspend the Promotion and invalidate any affected entries, or suspend or modify this Promotion.
(15) The Promoter reserves the right, at any time, to validate and check the authenticity of claims and Participant's details (including a Participant's identity, age and place of residence). In the event that a Participant cannot provide suitable proof as required by the Promoter to validate their entry, the Participant will forfeit an offer in whole and no substitute will be offered. Incomplete, indecipherable, inaudible, incorrect and illegible claims, as applicable, will at the Promoter's discretion be deemed invalid and not eligible to claim the offer. The use of any automated entry software or any other mechanical or electronic means that allows an individual to automatically claim repeatedly is prohibited and may render all claims submitted by that individual invalid.
(16) The Promoter reserves the right to disqualify claims in the event of non-compliance with these Terms and Conditions. In the event that there is a dispute concerning the conduct of the Promotion, the decision of the Promoter is final and binding on each Participant and no correspondence will be entered into.
(17) 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 wilful misconduct) in connection with this Promotion or accepting or using any offer code or discount via this Promotion (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).
(18) The Participant will participate in and co-operate as required with all reasonable marketing and editorial activities relating to the Promotion, including (but not limited to) being recorded, photographed, filmed or interviewed and acknowledges that the Promoter may use any such marketing and editorial material without further reference or compensation to them.