Terms and Conditions

TERMS & CONDITIONS

INTRODUCTION

Thank you for accessing our LA ROCHE-POSAY website (the Website). Please read these terms and conditions (the Terms) before using the Website. The Website is operated by L'Oréal (UK) Limited (registered number 00271555, registered office at 255 Hammersmith Road, London W6 8AZ) or its subsidiaries ("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. 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.

 

LINKS TO THE WEBSITE

Websites or pages to which the Website is linked are for information only and have not been reviewed by L'Oréal. L'Oréal has no responsibility for the content of the websites or pages linked or linking to this website, and L'Oréal accepts no responsibility or liability for any losses or penalties whatsoever that may be incurred as a result of any linking to any location on any linked websites.

 

INTELLECTUAL PROPERTY

The Website, including (but not limited to) text, content, software, video, music, sound, graphics, photographs, illustrations, artwork, photographs, names, logos, trademarks, service marks and other material ("Content") is protected by copyrights, trade marks 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 applicable copyright laws and 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 is permitted by L'Oréal provided only that:

 

(i) you make no more than one printed copy of such download and no further copies of such printed copy are made;

(ii) you make only personal, non-commercial use of such download and/or printed copy

(iii) 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.

PERMISSIONS

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, e-mail your enquiry to ukconsumeradvice@loreal.com.

NO WARRANTY

The Website and the Content are provided as is excluding any 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 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 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 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.

These Terms do not affect your statutory rights or your legal rights as a consumer.

 

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.

Save in respect of fraud and of personal injury or death to the extent it results from L'Oréal's negligence, in no event will L'Oréal be liable to you or any third party for any direct, special, indirect, consequential or incidental damages, exemplary or lost profits, or any other damages of any kind whether based on warranty, contract, tort (including negligence) or otherwise, even if L'Oréal has been advised of the possibility thereof. Applicable law may not allow the limitation or exclusion of liability for consequential or incidental damages, so this limitation or exclusion may not apply to you.

 

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.

 

INDEMNITY

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:

(i) your use of the Website;

(ii) any breach by you of the Terms;

(iii) a claim that any use of the Website by you

(aa) infringes any intellectual property rights of any third party, or any right of personality or publicity, or

(bb) is libellous or defamatory, or otherwise results in injury or damage to any third party;

(iv) any deletions, additions, insertions, or alterations to, or any unauthorised use of, the Website by you; or

(v) any misrepresentation or breach of representation or warranty made by you contained herein.

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 a 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.

 

TERMINATION

Either you or L'Oréal may terminate these terms with or without cause at any time. On termination you shall destroy all Content, and copies thereof, obtained from the website.

 

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.

 

WAIVER

No waiver by L'Oréal of any breach of any obligation arising under these Terms shall constitute a waiver of any other breach and no failure to exercise or partial exercise by L'Oréal of any remedy shall constitute a waiver of the right subsequently to exercise that or any other remedy.

 

GOVERNING LAW AND JURISDICTION

The Terms are governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the English courts.

 

CUSTOMER RATINGS AND REVIEWS TERMS AND CONDITIONS

 

These Terms of Use govern your use of the Customer Ratings and Review service (the "CRR Service") offered by L’Oréal (UK) Ltd, acting through its trading division LA ROCHE-POSAY (“LA ROCHE-POSAY”) on its website (the “Site”). To the extent of any conflict between LA ROCHE-POSAY's Privacy Policy and these Terms of Use, these Terms of Use shall prevail. You may not use the CRR Service if you are an employee of L’Oréal (UK) Limited or any of its affiliated companies.

 

LA ROCHE-POSAY grants you a licence to use the CRR Service solely for your personal use in accordance with these Terms of Use. This free, non-exclusive and non-transferable licence allows you to use the CRR Service to review LA ROCHE-POSAY products, and not for any other purposes. LA ROCHE-POSAY shall not be held responsible for any content created by you on the Site. You are not allowed to copy or reproduce the CRR Service, or any other element of the Site or take any action with a view to distributing or reproducing the Site or the CRR Service. You must not take any action that would affect the functionality of the CRR Service or the Site, whether in whole or in part.

 

By posting a comment on LA ROCHE-POSAY’s website, you represent and warrant that:

 

• you are the author of the comment, that you are not stealing the identity of another person, and you are not using a false email address or otherwise being misleading as to the origin of your comment;

• your comment is your original work and does not infringe the intellectual property rights of third parties;

• you hereby waive all moral rights and any intellectual property rights that would have otherwise vested in you pursuant to the Copyright, Design and Patents and Act 1988;

• all content that you post is truthful and accurate;

• you are at least 18 years old;

• your comment complies with these Terms of Use.

 

You further agree and warrant that you shall not submit any content:

 

• that identifies you to other consumers (so please do not use your full name  and instead just your first name or a username);

• that is known by you to be false, inaccurate or misleading;

• that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights;

• that contains any information about LA ROCHE-POSAY’s competitors or their products (namely other manufacturers and/or distributors and/or retailers of health and beauty products);

• that contains any pricing information;

• that refers to a third party individual without their prior express consent;

• that violates any law, statute, or regulation (including, but not limited to, those governing intellectual property, consumer protection, unfair competition, anti-discrimination or advertising);

• that is, or may reasonably be considered to be illegal, defamatory, libellous, abusive, hateful, harassing, racially or religiously inappropriate, offensive, inciting of violence, fraudulent, invasive of privacy, threatening, or otherwise injurious to third parties or objectionable;

• that consists of or contains political campaigning, commercial solicitation, chain letters, mass mailings or other forms of “spam”;

• that is unrelated to the purpose of reviewing the products listed on the Site;

• which contains any swearing, sexual innuendo or sexual language or which promotes or incites the perpetration of any unlawful activity such as drug-taking;

• for which you will derive any compensated or monetary benefit by any third party or which could be construed as an advertisement or solicitation to buy (which shall include any content that directs business away from LA ROCHE-POSAY;

• that includes any information that references other websites, URL addresses, email addresses, contact information or phone numbers;

• that contains any actual, or instructions on how to create, computer viruses or other potentially disruptive or damaging computer programs or files.

 

LA ROCHE-POSAY reserves the right to change, edit or delete any comment submitted by you to its website that LA ROCHE-POSAY deems, in its sole discretion, to violate these Terms of Use. LA ROCHE-POSAY reserves the right not to publish any comment submitted by any user for any reason.  In addition, it reserves the right not to publish:

 

• duplicate content;

• blank reviews;

• reviews in a language that is not English;

• any unintelligible content (such as content that contains random characters and meaningless word strings).

 

LA ROCHE-POSAY has the right to limit or suspend access to any user that is in breach of these Terms of Use.

 

LA ROCHE-POSAY cannot guarantee that you will be able to edit or delete any content you have submitted. Before being posted, any ratings and written comments will be reviewed to ensure that they comply with these Terms of Use. Ratings and written comments, together with your username are generally posted within two to four business days. However, LA ROCHE-POSAY reserves the right to remove or to refuse to post any submission if it does not comply with these Terms of Use.

 

If you have any concerns or complaints about any LA ROCHE-POSAY products and their application to you, please contact our Consumer Care Department on ukconsumeradvice@loreal.com.  LA ROCHE-POSAY reserves the right to refer your review to its Consumer Advisory Department rather than publishing it if it believes that your comment would be better handled in this way.

 

The CRR Service may be unavailable from time to time for maintenance or other technical reasons and LA ROCHE-POSAY cannot take any responsibility for any errors, omissions, interruptions, deletions or delays that may be experienced by users when accessing the CRR Service.

 

For any comments that you post, you grant LA ROCHE-POSAY a perpetual, irrevocable, worldwide, royalty-free, fully sub-licensable and transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and distribute such content and/or incorporate such content into any form, medium or technology, including LA ROCHE-POSAY’s social media pages, together with your username or first name and location.

 

You agree to perform all further acts necessary to perfect any of the above rights granted by you to LA ROCHE-POSAY including the execution of deeds and documents, at its request.

 

By submitting your email address in connection with your rating and review, you agree that LA ROCHE-POSAY and its third party service providers may use your email address to contact you about the status of your review and for other administrative purposes.

 

You agree to indemnify, keep indemnified and hold LA ROCHE-POSAY (which shall include its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all losses, claims, demands, and damages (actual and consequential) of every kind and nature, direct or indirect including reasonable legal fees, which are incurred by LA ROCHE-POSAY for any breach of your representations and warranties set forth above.

 

LA ROCHE-POSAY reserves the right to suspend the CRR Service at any time without notice.

LIVE CHAT

These Terms of Use govern your use of the LA ROCHE-POSAY live chat (the "Chat Service") offered by L’Oréal (UK) Limited, acting through its trading division LA ROCHE-POSAY (“LA ROCHE-POSAY”) on its website www.laroche-posay.ie  (the “Site”). To the extent of any conflict between LA ROCHE-POSAY’s Privacy Policy and these Terms of Use, these Terms of Use shall prevail.

 

LA ROCHE-POSAY permits you to use the Chat Service solely for your personal use in accordance with these Terms of Use. You are permitted to use the Chat Service on a free, non-exclusive and non-transferable basis solely to ask for tips and questions about our LA ROCHE-POSAY products and services from one of our advisors by typing a question and to receive a response in real time, and not for any other purposes.

 

If you have any concerns or complaints or want to report an issue about any LA ROCHE-POSAY products and their application to you, or you have technical questions about the Site or an order placed on the Site please contact our Consumer Care Department on 0800 783 3975. LA ROCHE-POSAY reserves the right to refer your query to its Consumer Care Department rather than responding via the Chat Service it if it believes that your query would be better handled in this way.

LA ROCHE-POSAY shall not be held responsible for any content created by you on the Chat Service.

 

You are not permitted to and you agree and warrant that you will not:

 

• copy, reproduce, modify or create derivative works of the Chat Service, or any other element of the Site;

• dis-assemble reverse-engineer, decompile or otherwise attempt to determine the underlying source code of the Chat Service or Site;

• take any action with a view to distributing or reproducing the Site or the Chat Service; or

• take any action that would affect the functionality of the Chat Service or the Site, whether in whole or in part.

 

You do not have the right to sell, lease, sub-licence or provide any portion of the Chat Service or Site to any third party.

 

By using the Chat Service, you represent and warrant that:

 

• you are the author of content submitted, that you are not stealing the identity of another person, and you are not using a false email address or otherwise being misleading as to the origin of your query;

• your query or content submitted is your original work and does not infringe the intellectual property rights of third parties;

• you hereby waive all moral rights and any intellectual property rights that would have otherwise vested in you pursuant to the Copyright, Design and Patents and Act 1988;

• all content that you send is truthful and accurate;

• you are at least 18 years old;

• your query or content submitted complies with these Terms of Use.

You further agree and warrant that you shall not use the Chat Service or submit any query or content:

• that is known by you to be false, inaccurate or misleading;

• that infringes any third party's copyright, patent, trademark, trade secret, right of privacy, moral right or other intellectual property or proprietary rights;

• that contains any information about LA ROCHE-POSAY’s competitors or their products (namely other manufacturers and/or distributors and/or retailers of health and beauty products);

• that contains any pricing information;

• that refers to a third party individual without their prior express consent;

• that violates any law, statute, or regulation (including, but not limited to, those governing intellectual property, privacy, consumer protection, unfair competition, anti-discrimination or advertising);

• that is, or may reasonably be considered to be illegal, infringing, defamatory, libellous, abusive, hateful, harassing, racially or religiously inappropriate, offensive, inciting of violence, fraudulent, invasive of privacy, threatening, obscene, pornographic, or otherwise injurious to third parties or objectionable;

• that consists of or contains political campaigning, commercial solicitation, chain letters, mass mailings, unsolicited emails or other forms of “spam” regardless of the content;

• that is unrelated to the purpose of asking for tips and questions about our LA ROCHE-POSAY products and services from one of our advisors;

• which contains any swearing, sexual innuendo or sexual language or which promotes or incites the perpetration of any unlawful activity such as drug-taking;

• for which you will derive any compensated or monetary benefit by any third party or which could be construed as an advertisement or solicitation to buy (which shall include any content that directs business away from LA ROCHE-POSAY);

• that includes any information that references other websites, URL addresses, email addresses, contact information or phone numbers;

• that contains any actual, or instructions on how to create, computer viruses, worms, Trojan horses or other potentially disruptive or damaging or harmful computer programs, files, codes or attachments;

• that could alter, steal, corrupt, disable, destroy, trespass, circumvent or violate any security or encryption of the Site, the Chat Service or any computer file, database or network.

LA ROCHE-POSAY reserves the right not to respond to and delete:

• duplicate queries;

• blank queries;

• queries in a language that is not English;

• any unintelligible content (such as content that contains random characters and meaningless word strings); or

• any submission if it does not comply with these Terms of Use.

 

LA ROCHE-POSAY has the right to limit or suspend access to any user that is in breach of these Terms of Use.

The Chat Service may be unavailable from time to time for maintenance or other technical reasons and LA ROCHE-POSAY cannot take any responsibility for any errors, omissions, interruptions, deletions or delays that may be experienced by users when accessing the Chat Service.

By submitting your email address in connection with your use of the Chat Service, you agree that LA ROCHE-POSAY and its third party service providers may use your email address to contact you about the status of your query and for other administrative purposes You agree to indemnify, keep indemnified and hold LA ROCHE-POSAY (which shall include its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, including but not limited to CPM United Kingdom Limited) and LivePerson Netherlands B.V., harmless from all losses, claims, demands, and damages (actual and consequential) of every kind and nature, direct or indirect including reasonable legal fees, which are incurred by LA ROCHE-POSAY for any breach of your representations and warranties set forth above. LA ROCHE-POSAY reserves the right to suspend or cease to provide the Chat Service at any time without notice.