TERMS OF USE OF WEBSITE
Effective as of 18.03.2019Welcome on this Website dedicated to the L’Oréal Professional Products Division B2B Partner Shop (hereinafter the "Website"). Please read carefully these Terms of Use which govern the use of this Website (hereinafter the “Terms of Use”). By using this Website, you agree to these Terms of Use without reserve. For any request relating to your use of the Website, you may contact Us at the following address: [email protected].
LEGAL NOTICE
Website URL: Lorealpartnershop.com Contact: E-mail: [email protected] - Telephone Number: 0800 0304 034 Publisher: L’Oréal UK Limited, acting through its Professional Products Division, incorporated and registered in England and Wales with company number 271555 whose registered office is at 255 Hammersmith Road, London, W6 8AZ (hereinafter the "Publisher" or "We" or “Us”). Hosted by: L’Oréal UK Limited, acting through its Professional Products Division, incorporated and registered in England and Wales with company number 271555 whose registered office is at 255 Hammersmith Road, London, W6 8AZ.
1. ACCESS TO THE WEBSITE
To access and use this Website you need to be a professional beauty business who is an existing client of the Publisher, and hold an active trading account with the Publisher. You will need a valid email address to access this account. Access to the Website and/or certain sections thereof may require the use of PIN codes. In such case it is up to you to take the necessary steps to keep such codes secret. You may naturally change them at any time. However, the number of attempts to access the Website and/or certain section thereof may be limited in order to prevent any fraudulent use of such codes. Please inform Us of any fraudulent use that you may become aware of. In the event of any breach of the rules set forth under these Terms of Use, We reserve the right to suspend your access. Additional fees for accessing and using the Internet remain at your charge.
2. 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. We may make available to you via this Website contents that you are authorized to download (hereinafter the "Downloadable Content"). We grant you, for your personal and private use only, free of charge and for the legal protection period of intellectual property rights as defined by French and foreign laws and international treaties, a non-exclusive and non-transferable right to use the Downloadable Content. Any reproduction, representation, modification or distribution of the Website shall be prohibited. By downloading or using such Downloadable Content, you agree to use them in accordance with these Terms of Use. 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”).
3. CODE OF CONDUCT
We support the values of tolerance and respect of others. For this reason, by using this Website, you agree not to:- • Convey any racist, violent, xenophobic, malicious, rude, obscene or unlawful comments;
- • 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;
- • Use the Website for political, propaganda or proselytizing purposes;
- • Publish any content advertising or promoting any products and/or services competing with the brand(s) displayed on the Website;
- • Divert the Website from its intended purpose, including by using it as a dating service;
- • 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;
- • Disseminate any information or content that may be upsetting for the youngest;
- • Intimidate or harass others;
- • Conduct illegal activities, including that may infringe anyone’s rights in and to any software, trademarks, photographs, images, texts, videos, etc.;
- • Disseminate content (including photographs and videos) portraying minors.
- • the date of the notice;
- • if the sender is an individual: last name, first and middle names, occupation, address, nationality, date and place of birth;
- • the addressee’s name and address or, if a legal entity, its corporate name and registered offices;
- • a description and specific location of the reported facts (e.g., URL link to the reported content;
- • the reasons why such content should be removed, including an indication of the legal provisions and qualification (justifications) applicable to the facts;
- • a copy of any correspondence sent to the author or publisher of the reported information or activities requesting their interruption, removal or alteration, or justification that the author or publisher could not be reached.
4. 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.
5. 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. For any further information on the processing of your personal data, please look up our privacy policy here.
6. COOKIES
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”). For further information on the use of cookies, please consult our cookie table here.
7. AMENDMENT TO THE WEBSITEAND THE TERMS OF USE
We may amend the contents and information included on the Website as well these Terms of Use, particularly for purposes of compliance with any new applicable legislation and/or regulations and/or to improve the Website. Any amendment shall be notified to you via the Website before becoming effective under these Terms of Use. Unless the amendment requires your express approval, your continued use of the Website shall be deemed as your acceptance of the new Terms of Use.
8. DISCLAIMER
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.
9. GOVERNING LAW AND DISPUTES
These Terms of Use shall be governed by English law and the parties agree to submit to the courts of England.
For any issue, please contact our Customer Service: [email protected] 0800 0304 034 Monday-Friday 08:00-19:00
Pursuant to applicable rules governing mediation, any consumer dispute shall be primarily submitted in writing to Customer Service at the following address: Partnershop PPD Business Transformation, L’Oréal (UK) Limited 255 Hammersmith Road, London, W6 8AZ AND COPY TO: Company Secretary L’Oréal (UK) Limited 255 Hammersmith Road London W6 8AZAfter said referral to Customer Service, any consumer dispute may be submitted to the Online Dispute Resolution Platform (Plateforme de Règlement en Ligne des Litiges), pursuant to section 14 of EU Regulation no. 524/2013, which is accessible via the following link: https://webgate.ec.europa.eu/odr/.] If the dispute cannot be resolved through said mediation process, it shall be referred to the French courts of competent jurisdiction.