Terms and Conditions
Thank you for accessing https://www.kiehls.com.au (the "Website"). Please read these terms and conditions (the "Terms") before using the Website which is operated by L’Oréal Australia Pty Limited (ABN 40 004 191 673), whose registered office is at 564 St Kilda Road, Melbourne, Victoria 3004 ("L’Oréal"). By using the Website, you signify your acceptance of the Terms in consideration of which L’Oréal provides you with access. From time to time L’Oréal may modify the Terms. Accordingly, please continue to review the Terms whenever accessing or using the Website. Your use of the Website following any such change constitutes your agreement to follow and be bound by the Terms as changed. If at any time you do not wish to accept the Terms, you may not use the Website. From time to time L’Oréal may run competitions and promotions via the Website. Separate terms and conditions will be posted where applicable governing such competitions and promotions.
While L’Oréal has endeavoured to ensure the accuracy of the information accessed via the Website, L’Oréal does not guarantee or give any warranty as to the accuracy, timeliness or completeness of any information or material on the Website.
There may be links that will let you leave this Website or that will let you access this Website from third party sites. Linked third party sites are not under the control of L’Oréal and L’Oréal is not responsible for the contents of any such linked site or any link contained in such a linked site. Existence of links to other third party sites is not an endorsement by L’Oréal in favour of such site or the products or services contained in any linked site. To the extent that this Website contains links to or may be accessed from outside services and resources, the availability and content of which L’Oréal does not control, any concerns regarding any such service or resource or any link thereto should be directed to the particular outside service or resource.
The Website, including (but not limited to) text, content, software, video, music, sound, graphics, photographs, illustrations, artwork, photographs, names, logos, trade marks, service marks and other material ("Content") is protected by copyright, trade mark and/or other proprietary rights. The Content includes both content owned or controlled by L’Oréal and content owned or controlled by third parties and licensed to L’Oréal. All individual articles, reports, and other elements making up the Website may be copyright works. You agree to abide by all additional copyright notices or restrictions contained in the Website.
You may not use any of L’Oréal's trademarks or trade names without L’Oréal's prior express written consent and you acknowledge that you have no ownership rights in and to any of those names and marks.
You agree to notify L’Oréal in writing promptly upon becoming aware of any unauthorised access to or use of the Website by any party or of any claim that the Website or any of the contents of the Website infringes any copyright, trade mark, or other contractual, statutory or common law rights of any party.
LICENCE AND DOWNLOAD RIGHTS
You acquire no rights or licences in or to the Website and/or the Content other than the limited right to use the Website in accordance with these Terms and to download on the terms set out in this section. Other than as set out in this section you may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to create derivative works from, transmit, or in any other way exploit any part of the Website.
Download of Content from the Website is permitted by L’Oréal provided only that:
- you make no more than one printed copy of such download and no further copies of such printed copy are made;
- you make only personal, non-commercial use of such download and/or printed copy; and
- you retain on such download and/or printed copy all copyright notices and shall remain bound by the terms of such wording and notices. Additionally, you may not offer for sale or sell or distribute over any other medium (including distribution by over-the-air television or radio broadcast or distribution on a computer network) the Content or any part thereof. You may not make any part of the Website available as part of another website, whether by hyperlink framing on the internet or otherwise. The Website and the information contained therein may not be used to construct a database of any kind, nor may the Website be stored (in its entirety or in any part) in databases for access by you or any third party or to distribute any database websites containing all or part of the Website.
If you would like information about obtaining L’Oréal's permission to use any of the Content or if you would like to link your website to the Website, email your enquiry to email@example.com
The Website and the Content are provided "as is". L’Oréal excludes all guarantees and warranties of any kind, either express or implied, to the fullest extent permissible pursuant to applicable law including (but not limited to) the exclusion of guarantees and warranties of title, merchantability, satisfactory quality, fitness for a particular purpose and non-infringement of proprietary or third party rights. L’Oréal further accepts no responsibility or liability for functions contained on the Website and makes no guarantees or warranties that the Website will operate uninterrupted or error-free or that defects will be corrected. Please note that some jurisdictions do not allow the exclusion of implied guarantees and warranties, so some or all of the above exclusions may not apply to you.
L’Oréal does not warrant that the Website is compatible with your computer equipment or that the Website or its server is free of errors or viruses, worms or "Trojan horses" and L’Oréal is not liable for any damage you may suffer as a result of such destructive features.
L’Oréal shall not be held responsible for Content provided by third parties. L’Oréal is also not responsible for the reliability or continued availability of the telephone lines and equipment you use to access the Website.
LIMITATION OF LIABILITY
You acknowledge that your use of the Website, including the Content, is at your own risk. If you are dissatisfied with the Website, the Terms, or any or the Content, your sole remedy is to discontinue use of the Website.
To the extent permitted by law, L’Oréal excludes all liability to you and all third parties 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), even if L’Oréal has been advised of the possibility thereof, connected with any use or access to the Website.
LOCAL LAWS AND REGULATIONS
The Website is not directed at any person in any jurisdiction where for any reason the publication or availability of the Website is prohibited. Those in respect of whom such prohibitions apply must not access the Website.
L’Oréal does not represent that either the Website or the Content are appropriate for use or permitted by local laws in all jurisdictions. Those who access the Website do so on their own initiative and are responsible for compliance with applicable local laws or regulations; legal advice should be sought in cases of doubt.
You agree to indemnify, defend, and hold harmless each of L’Oréal, its employees, representatives and agents, from and against any claims, actions, demands or other proceedings brought against any of L’Oréal, its employees, representatives or agents, by a third party, to the extent that such claim, suit, action or other proceeding brought against L’Oréal, its employees, representatives, suppliers, or agents is based on or arises in connection with:
- your use of the Website;
- any breach by you of the Terms;
- a claim that any use of the Website by you:
- infringes any intellectual property rights of any third party, or any right of personality or publicity, or
- is libellous or defamatory, or otherwise results in injury or damage to any third party;
- any deletions, additions, insertions, or alterations to, or any unauthorised use of, the Website by you; or
- any misrepresentation or breach of representation or warranty made by you.
References in this section of the Terms to your use of the Website shall be deemed to include any use by a third party where such third party accesses the Website using your computer.
You agree to pay L’Oréal, its employees, representatives and agents any and all costs, damages, and expenses (including reasonable legal fees) awarded against any of them or otherwise incurred by any of them in connection with or arising from any such third party claim, suit, action or proceeding attributable to any such third party claim
L’Oréal has the right to terminate or suspend operation of the Website, for any or no reason, without notice and without liability.
CHANGES TO THE WEBSITE
You accept that L’Oréal has the right to change the content or technical specifications of any aspect of the Website at any time at L’Oréal's sole discretion. You further accept that such changes may result in your being unable to access the Website.
- To estimate our audience size and usage pattern.
- To store information about our users' preferences and to allow us to customise our Website according to our users' individual interests.
- To speed up your searches.
- To recognise users' when they return to our Website.
By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. However, if you choose to reject all cookies, you may be unable to use parts of the Website.
TRANSMISSION AND FEEDBACK OF INFORMATION
You are prohibited from transmitting to or from this Website any unlawful, threatening, libellous, defamatory, obscene, inflammatory or pornographic material or other material that could give rise to any civil or criminal liability under law.
You agree that L’Oréal may use and/or disclose information about your demographics and use of the Website in a manner that does not reveal your identity.
SEVERANCE & WAIVER
If any provision of the Terms is found to be invalid by any court having jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect. No waiver of any term of the Terms shall be deemed a continuing waiver of such term or any other term.
Except as provided herein, the Terms are the entire agreement between us relating to the Website and supersede any prior understanding or agreements (written or oral).
GOVERNING LAW AND JURISDICTION
The Terms are governed by the laws of Victoria, Australia and the parties submit to the exclusive jurisdiction of the courts of Victoria.
RECYCLE & REWARD PROGRAM
The Kiehl’s Recycle & Reward Program (‘Program’) commences on 1 April 2015.
The Program is ongoing and Kiehl’s will provide 60 days’ notice of the end date of the Program by email to participants.
Participants must register with the Friend’s of Kiehl’s database in order to participate in the Program.
To participate, customers must return any non-sample size Kiehl’s packaging (purchased from an authorised Kiehl’s retailer) to any Australian Kiehl’s boutique, or any Kiehl’s counter at Myer or David Jones, in order to receive one stamp per empty unit returned.
On collecting 3 stamps, customers will receive a reward of [Lip Balm #1 15ml, valued at RRP $12].
On collecting 5 stamps, customers will receive [Crème De Corps 75ml, valued at RRP $17].
On collecting 10 stamps, customers will receive [Ultra Facial Cream 50ml, valued at RRP $36]. Kiehl’s reserves the right to replace any reward product with
another Kiehl’s product of equivalent value at any time.
Stamps are not transferable between participants.
Reward products are not refundable or exchangeable for cash or kind.
Cards that have been copied, reproduced or tampered with will be deemed void
at Kiehl’s sole discretion.
Kiehl’s reserves the right to disqualify any customer from participation in the Program on any evidence of inappropriate or fraudulent conduct.
Copyright © Kiehl’s 2014
General Conditions of Sale
1 - THE WEBSITE
- The Kiehl’s Australian website, www.kiehls.com.au (the "Website") is an e-commerce website run by L'Oréal Australia Pty Limited (ABN 40 004 191 673) of 564 St Kilda Road, Melbourne, Victoria 3004 (“L’Oréal”). It is open to all Internet users (the "Internet User").
- The Website enables L’Oréal to place Kiehl’s products (the "Products") on sale to Internet Users who visit the Website (the "Website Users").
- For the purpose of these General Conditions of Sale, Website Users and L’Oréal are jointly referred to as the "Parties" and individually referred to as a "Party", and Website Users who have validated an order will be referred to as "Purchasers". Website Users' rights and obligations necessarily apply to Purchasers.
- Products sold on the Website are intended for the personal use of Website Users, and may not be used in relation to their professional activity. In this respect, Website Users should note that their order must not exceed a total of AU$1,000. Moreover, the same Website User may only order a maximum of ten (10) products with the same reference during a single sale and over a period of one (1) month. If an order exceeds this amount and/or number, the order shall be deemed invalid and L’Oréal has no obligation to supply the Products ordered. Restrictions on order quantities and values of orders may be amended from time to time, and these will be stated on the relevant product page, or in materials concerning the relevant promotion.
- The Products ordered by Website Users will only be delivered in Australia (see Kiehl’s Shipping Terms and Conditions for further details). Orders which designate a P.O box delivery address will not be processed.
2 - GENERAL CONDITIONS OF SALE
- These General Conditions of Sale set out the steps that a Website User needs to take to place an order, as described in Paragraph 4 "Order Terms and Conditions".
- By ordering Products via the Website, Website Users agree to be bound by these General Conditions of Sale as amended or updated by L’Oréal at any time.
3 - THE PRODUCTS
- The Products that L’Oréal offers for sale are listed on the Website.
- The photographs of the Products on the Website are for illustration purposes only. While every effort is made to ensure that the shade and image of the Kiehl’s products for which photos are displayed on the website accurately represent the original products, variations may occur due to technical limitations in reproducing colour using information technology. Consequently, such photographs should not be relied upon by Website Users and, to the extent permitted by law, L’Oréal will not be liable for errors or inaccuracies in photographs or graphics showing Kiehl’s’ products that are presented on the Website.
- Product Availability.
Products are offered subject to availability. If a Product is not available, L’Oréal will notify Website Users as soon as reasonably practicable. L’Oréal is not obliged to supply the Products and accepts no liability if these Products are out of stock or unavailable.
If a Product's unavailability is discovered after a Purchaser’s order is accepted or validated, Purchasers will have the option of either cancelling their order and requesting a reimbursement of the amount paid for the Products, or exchanging the unavailable Product(s) for another Product(s) of equivalent value.
L’Oréal will not send a substitute Product to replace an unavailable Product unless requested by the Purchaser.
- Retention of Title
The Products ordered will remain the property of L’Oréal until L’Oréal receives payment in full for the Products.
On delivery, risk in the Products (including risk of theft or damage) is transferred to the Purchaser.
The prices of the Products are given in Australian Dollars and include GST.
The price invoiced to a Purchaser is the price stated on the order confirmation sent to the Purchaser via e-mail by L’Oréal.
The prices for Products shown on the Website do not include delivery costs. For details of delivery costs please refer to the Kiehl’s Shipping Terms and Conditions as amended from time to time by L’Oréal. . Delivery costs will be invoiced in addition to the price of the products. L’Oréal will notify Website Users of the delivery cost of their orders before their order is confirmed.
- L’Oréal reserves the right to modify its prices at any time. Products will be charged at the prices featured on the Website at the time an order is submitted, subject to the availability of such Products.
All payments must be made over the Internet at the time an order is submitted. Payment can be made by credit or Visa debit card or such other payment mechanism as notified to Website Users, and must be made in accordance with the procedure as notified to Website Users.
Transactions will be carried out in a secure manner by the Cybersource Internet Payment banking group.
- L’Oréal reserves the right to refuse any orders or deliveries if an order exceeds the limits stated in Paragraph 1.1., if L’Oréal has an existing dispute with a Purchaser, if a Purchaser has failed to pay for part or all of a previous order, or if the Purchaser’s credit/debit card payment authorisation is refused by any relevant banking organisation.
- As part of the fight against online fraud, information concerning orders will be checked by L’Oréal’s designated payment partner Cybersource Internet Payment banking group.
4 - ORDER TERMS AND CONDITIONS
- Navigation within the website
Website Users may freely view the Products on the Website, with no commitment to order.
- Purchasers are responsible for all orders placed on their account, including for any discrepancies or errors in the order caused by the Purchaser.
- Products placed in the Purchaser’s shopping cart are not reserved until the checkout process has been completed. Orders are only confirmed once payment is received in full.
- Recording of an order
Only orders with an invoicing and delivery address located in Australia will be processed by L’Oréal.
If a Website User wishes to place an order, he/she must choose the Products that are of interest, and confirm that interest by clicking on the "Checkout" button.
Each additional item added to the Purchaser’s shopping basket will be shown by the appearance of a specific screen.
- Website Users may at any time:
- obtain a summary of the Products they have selected or modify their order, by clicking on the button "Item", which is accessible on the top right of each page,
- continue to select Products by clicking on "continue shopping",
- complete their selection of Products and order them by clicking on "Checkout" or "Send as a gift".
- Website Users then have to identify themselves:
- by entering their e-mail address and password, if they are a registered member on the Website; or
- by accurately filling out the form provided, which contains information needed to identify the Website User, including the Website User's surname, first name and postal address.
- Website Users agree that in placing an order they will provide complete and accurate personal details to enable processing and delivery of the order.
- L’Oréal will not be liable to Purchasers for their loss or that of any third party for a delay or failure to process, fulfill or deliver the Products to the Purchaser (or their nominated recipient) due to inaccurate or incomplete personal details provided by the Purchaser to L’Oréal.
- Website Users accept that entering a user name constitutes proof of their identity.
Once Website Users have identified themselves, an order form appears on screen, which summarises the type, quantities and prices of the Products selected by the Website User, the delivery costs, the order total, the Website User's details and the delivery address for the Products.
- Definitive validation of orders
Website Users must tick the "I accept the general conditions of sale" box before being able to choose a payment method shown on the same page.
When paying with their credit/debit cards, Website Users must validate the page by clicking on the "Credit Card" button. Website Users are then requested to enter their credit/debit card details.
Orders are validated after the input of a Purchaser’s credit or debit card information on the secure pages of L’Oréal’s designated payment partner the Cybersource Internet Payment group.
- Once Purchasers submit their order, cancellations of their order or changes to the Products in the order cannot be made unless by agreement with L’Oréal. Purchaser’s should check their order carefully before submitting. L’Oréal will not replace or change an order where the Purchaser has made an error.
- Where Purchasers place consecutive or separate orders, L’Oréal cannot consolidate the orders into one. A separate shipping charge will apply to each order in accordance with the Kiehl’s Shipping Terms and Conditions as amended from time to time.
- Confirmation of orders
Once Purchasers have validated their order and payment, an order confirmation is displayed showing a transaction number. This confirmation is also sent to Purchasers in the order confirmation e-mail. This confirmation includes the Product(s) ordered, payment details and delivery details. The Purchaser is advised to keep a copy (electronic or printed) of the information concerning the Purchaser's order.
- When the order is prepared and despatched by L’Oréal, a despatch confirmation e-mail is also sent to the Purchaser.
The data recorded by the Website constitutes proof of all the transactions concluded between L’Oréal and the Purchaser. In the event of a dispute between L’Oréal and the Purchaser on a transaction carried out on the Website, the data recorded by L’Oréal will be deemed irrefutable proof of the content of the transaction.
- Delivery terms and conditions
Orders are prepared by L’Oréal’s logistics centre located in Dandenong, Victoria, Australia, then dispatched by Australia Post. Please refer to Kiehl’s Shipping Terms and Conditions for estimated delivery times.
Products ordered by a Purchaser will be delivered to the address stated on the Purchaser’s order form. Purchasers must supply the exact address of his/her permanent address when placing their order for the Products.
- Delivery problems
To the full extent permitted by law, L’Oréal is not liable for any delay in delivery. If a delivery is late, the Purchaser must inform Kiehl’s Customer Service Department as soon as reasonably practicable by sending an e-mail to firstname.lastname@example.org. L’Oréal will then contact Australia Post within a reasonable time period in order to initiate an enquiry.
Upon receipt of Products ordered, Purchasers must check that the Products comply with the Purchaser’s order. Purchasers must immediately notify L’Oréal of any delivery anomalies by e-mailing email@example.com and specifying which Product does not match the Purchaser’s order. Subject to L’Oréal’s obligations at law, L’Oréal reserves the right to reject any delivery anomalies claim that is filed more than 7 working days after the date the Purchaser receives their delivery.
5 - WITHDRAWAL RIGHT
- Any warranty given by L’Oréal in relation to its Product(s) will apply in addition to other rights and remedies the Purchaser may have under the Australian Consumer Law or any other applicable law.
- Our Products come with guarantees that cannot be excluded under the Australian Consumer Law. The Purchaser is entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. The Purchaser is 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.
- Non-compliant Product(s)
"Non-compliant Products" are products which have been sent by L’Oréal in error or products that do not comply with their specifications of description.
All non-compliant Products must be returned to L’Oréal within 7 working days following the day of receipt, in their original form and packaging. L’Oréal will refund postage costs if the item is defective or sent in error by L’Oréal to the Purchaser. Upon receipt of returned Products, L’Oréal will inspect the Products and investigate any claimed defect as quickly as possible. If L’Oréal confirms that the Products are Non-compliant Products, L’Oréal will exchange or reimburse the Non-compliant Product at L’Oréal’s election. In the case of reimbursement, the Purchaser will be reimbursed for the price of the Product(s), as well as the return costs incurred, within thirty (30) days of L’Oréal’s confirmation that the Product is a Non-compliant Product. If L’Oréal does not believe that a Product is a Non-Compliant Product including (without limitation) because of a failure to use the Products in accordance with the manufacturer’s instructions, or failure to take reasonable care, L’Oréal will reject the Purchaser’s claim and return the Products to the Purchaser at the Purchaser’s cost. Nothing in these General Conditions of Sale limits a Purchaser’s rights at law.
6 - CHANGE OF MIND RETURNS
L’Oréal will not refund or exchange Products when a Purchaser simply changes their mind.
7 - PRIVACY
8 - GENERAL
L’Oréal may amend or update these General Terms and Conditions of Sale at any time.
9 - FORCE MAJEURE
L’Oréal will not be liable for the total or partial non-performance, or delay in performance, of its obligations caused by an event outside of its reasonable control (a “Force Majeure Event”).
Force Majeure Events will include, without limitation, war, riots, insurrection, and severe disturbance in the security of the Internet, technical failures, unauthorised access and/or intrusions into the Website's servers, strikes of all natures and computer or telephone failure.
If L’Oréal cites an event that constitutes a Force Majeure Event, it must inform the Purchaser within five working days of the occurrence or threatened occurrence of the event.
If a Force Majeure Event continues for one (1) month, L’Oréal may choose to cancel any affected order(s), in which case L’Oréal will reimburse the Purchaser, where applicable.
10 - SEVERABILITY
If one or more provisions of these General Conditions of Sale is deemed invalid or declared invalid pursuant to a law, regulation or following a definitive decision by a court having jurisdiction, the other provisions will retain their full force and scope.
11 - WHOLE AGREEMENT
These General Conditions of Sale and the order summary sent to the Purchaser together form the entire agreement between the Parties and apply to the exclusion of all other documents. In the event of any inconsistency between these documents, the General Conditions of Sale will prevail.
12 - APPLICABLE LAW
These General Conditions of Sale and the contractual relations between L’Oréal and the Purchaser will be governed by the laws of Victoria, Australia.