Thank you for accessing our website (Site). If you access our Site, or where you set up an account with us or purchase our products (Products) from us via this Site, your account, personal information, order, purchase and delivery will be covered by these online shopping terms and site terms of use (Terms) as well as our Privacy Policy and (if applicable) the Kiehl’s Rewards terms and 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, you agree to the Terms that apply at the time of your order. If you continue use or access of the Site, this will constitute your acceptance of these Terms and any updates.

Our products come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these terms or conditions seeks to override those guarantees or your rights under the Australian Consumer Law or other applicable laws.

Kiehl's Rewards Terms & Conditions

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 8 Products with the same SKU in one calendar month. You may not place more than 2 orders within a 24-hour period. 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. Overseas addresses 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 there may be instances where it is not 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, without limiting your consumer law rights, and provided that we have not been fraudulent, negligent or engaged in wilful misconduct, we will not be liable for errors, variations or inaccuracies in Content on the Site. We may correct errors, inaccuracies or omissions from time to time.

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. We will 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) Except if the record is incorrect due to our fraud, negligence or wilful misconduct, 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.

(g) We can also refuse or cancel orders if we reasonably consider that it is necessary to prevent fraud, due to product availability as explained above, or otherwise based on information we receive about orders from our payment partner. If we cancel an order, you will receive a refund.

(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.

(j) 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 refund you.

6) DELIVERY

 

(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. Delays may also be experienced during busy periods such as Christmas or sale periods. We are not responsible or liable for any delay in delivery beyond our control 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 and your rights under consumer laws, we may, acting reasonably, reject any delivery complaints if we receive them more than 10 working days after you receive the delivery.

7) OUR PRODUCTS, RETURNS, DEFECTS AND LIMITATION OF LIABILITY

 

(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, and you may have rights to replacements, refunds and other remedies in certain circumstances.

(b) However, to the extent possible under law, and provided that we have not been fraudulent, negligent or engaged in wilful misconduct:

(i) We exclude all implied terms and warranties, whether statutory or otherwise, relating to these Terms, the Site, ordering, delivery and the Products.
(ii) 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, including directly or indirectly in connection with these Terms, the Site, ordering delivery and the Products.

(c) Any liability a party has to the other is reduced to the extent that a party caused or contributed to its own loss or damage.

(d) We cannot refund or exchange Products if you simply change your mind.

(e) 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 10 working days of you receiving it, along with your proof of purchase (e.g. your receipt or Site proof of purchase). 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, you can choose a refund or comparable replacement. If you choose a refund, or if no comparable Product is available, we will refund the price you paid and the postage costs. If you choose a comparable replacement that is available, we will exchange the Product and send you an alternative at no higher price to the price you originally paid.

(f) 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.

(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 reasonably need to, including if there is a recall.

SITE TERMS OF USE

8) PRIVACY

 

We have a Privacy Policy which sets out how we collect, use, disclose and protect your personal information. By accessing or using this Site you agree to the Privacy Policy. Any personal information you submit or communicate via this Site is governed by the Privacy Policy. You do, however, agree that we may use or disclose information about your demographics and use of the Site in a manner that does not reveal your identity.

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;

(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.

This Website may allow you to use a skin analysis feature. This is an online service capable of analysing skin aging with one picture based on artificial intelligence. Your picture is analysed and then, based on your age and skin type, you will be provided with your skin results and a personalised skincare routine. You are free not to use this service.

10) LINKS

 

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 express 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) SITE AND CONTENT ACCESS AND LIMITATIONS OF LIABILITY

 

NOTE: The Australian Consumer Law includes guarantees that cannot be excluded and you have rights and remedies in certain circumstances. This clause only applies to the extent permitted by law, including the Australian Consumer Law, and provided that we have not been fraudulent, negligent or engaged in wilful misconduct.

We do our best to ensure the Site and Content is accurate, but the Site and Content is provided “as is” and may not be complete, accurate or fully up to date at all times. Information on the Site and Content should not replace professional or medical advice.

To the extent permitted by law and without limiting your consumer law rights, we exclude all liability relating to the access to and use of the Site and its Content.

Further, while we work hard to provide a reliable and error- and defect-free service, 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 and that are outside of our reasonable control as a result of any of these. We are not responsible for Content provided by third parties.
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, you should check to ensure the Australian or New Zealand product is equivalent.

Subject to the ‘Note’ above:

(i) 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, you should stop accessing or using the Site.
(ii) 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, which arises from any use of, or inability to use, the Site, Content or any other website linked to the site.

15) 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.

16) SITE TERMINATION AND CHANGES

 

We may terminate, alter, change, update or suspend the Site or Content from time to time so that they reflect our service and policies or where necessary for our business function. These changes might mean you can't access or use the Site in the same way, or at all. As noted above, to the extent the law allows and without limiting your consumer law rights, we exclude all liability relating to the access to and use of the Site and Content (except if we have been fraudulent, negligent or engaged in wilful misconduct).

GENERAL

 

(a) 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.

(b) The Australian Consumer Law includes guarantees that cannot be excluded and you have rights and remedies in certain circumstances. Otherwise, to the extent permitted by law, 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.

(c) 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.