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Terms & Conditions

TERMS OF SALE

1 INTRODUCTION

1.1 These terms and conditions apply to all or any professional and retail products including (“Products”) which are supplied to the purchaser (“Customer”) by L’Oreal New Zealand Limited (“L’Oréal”).

1.2 L’Oréal’s terms and conditions override, supersede and replace any existing terms and conditions and any previous dealings between the Customer and L’Oréal. They also prevail over, and apply to the exclusion of, any different or inconsistent terms of the Customer (including those on any Customer quotes or invoices).

1.3 The Customer acknowledges and agrees that any Products supplied or to be supplied by L’Oréal are supplied only on these terms and conditions and that the Customer will be deemed to have acknowledged and accepted these terms and conditions each time it places an order for Products (“Order”) with L’Oréal (“Contract”).

2 ORDER, DELIVERY AND CLAIMS

2.1 Orders

(a) L’Oréal may accept (in whole or in part) any Order, subject to availability of Products, or decline any Order. L’Oréal reserves the right to withdraw some Products from its catalogue. Where an Order is placed for one or several withdrawn Products, L’Oréal will advise the Customer as soon as possible. L’Oréal reserves the right to refuse to deliver in whole or in part what it deems as an unusually high Product Orders.

(b) Orders must be placed on the basis of the packaging standard indicated by L’Oréal. If the quantities ordered are non-standard, L’Oréal reserves the right to adjust the Order to the nearest packaging standard. Orders below the minimum order value at the invoiced price (excluding GST) contained in the relevant L’Oréal price list will not be accepted or processed. L’Oréal reserves the right to amend the minimum order value at any time.

(c) L’Oréal will not be liable for any loss (including, without limitation, any indirect or consequential loss), expense, damage or injury or any loss of profits, loss of business or loss of contracts caused by or arising out of any negligence, breach of contract (including, without limitation, breach of these terms) or howsoever caused or contributed to by L’Oréal.

(d) The Customer agrees to purchase the Products exclusively from L’Oréal or a wholesale merchant authorised by L’Oréal to stock and sell the Products and the Customer will immediately report to L’Oréal any circumstance coming to its notice whereby L’Oréal products are being offered for sale in Australia to the Customer or like businesses other than by L’Oréal or any party authorised by L’Oréal, including through the internet.

2.2 Delivery

Arrival dates and times quoted to the Customer are guidelines only, and delays will not entitle the Customer to cancel an Order, reject the Products or claim damages, costs or any other compensation or take any other action against L’Oréal in connection with the delay.

2.3 Inspection and Claims

(a) Subject to clause 14, upon receipt of the Products, the Customer must inspect the Products and note any discrepancy, visible defect and/or damage in the deliveries on the delivery notice or the carrier's form. The Customer must notify the Customer Service Department of L’Oréal in writing of such discrepancy, visible defect and/or damage in the deliveries within 5 business days upon receipt of the Products (“Claim”). After 5 business days, the Customer will be deemed to have accepted the Products and L’Oréal will not consider any Claim, subject to applicable law. L’Oréal may also refuse to consider any Claim where the Claim procedure has not been followed. This clause does not limit the Customer’s rights or L’Oréal’s obligations under the Competition and Consumer Act 2010 (Cth).

(b) Any returns (arising under any circumstance whatsoever) must be authorised by L’Oréal, before the Customer issues the return and may incur a 10% holding charge. L’Oréal will issue the Customer with an authorisation number for the return, The Customer must provide this authorisation number to L’Oréal at the time the Customer returns the Product(s). L’Oréal reserves the right to reject any returns that do not have or display an authorisation number. Subject to applicable law, any Product which:

(i) bears or has borne price stickers or has been damaged or defaced by the Customer in any way; or

(ii) has been stored in conditions that are abnormal or incompatible with its nature,

will not be accepted for return by L’Oréal.

(c) Where the discrepancy, defect or damage the subject of the Claim is properly notified and evidenced by the Customer and acknowledged by L’Oréal, L’Oréal may at its sole discretion either replace at its expense the miscounted, defective and/or damaged Products or issue a credit note in favour of the Customer for the amount of the missing, defective and/or damaged Products. Products delivered in excess can be returned to L’Oréal or will be invoiced to the Customer if the Customer accepts the Products in excess. The Customer should refer to the L’Oréal Refund Policy for additional information (a copy of the Refund Policy is available on request).

3 PRICES

3.1 L’Oréal’s prices are subject to change on no less than 30 days written notice. The price payable will be the price notified on the price list plus any applicable taxes including Goods and Services Tax (“GST”). If a price is stated as a Recommended Retail Price in L’Oréal’s price list or other L’Oréal publication, it is a recommended price only and there is no obligation to comply with the recommendation made by L’Oréal.

3.2 Any handling or freight charges or other expenses notified on the price list are payable by the Customer in addition to the Product prices, including any Customer request for special delivery. L’Oréal may amend the handling and freight charges by providing the Customer with no less than 30 days written notice.

4 INVOICING & PAYMENTS

4.1 For Customers of the Consumer Products, Luxe or Active Cosmetics Divisions payment is to be made in full to L’Oréal, without set off, deduction or counterclaim of any kind, 30 days from the end of the month in which the invoice is raised, unless otherwise agreed prior with L’Oréal. For Customers of the Professional Products Division, payment is to be made in full to L’Oréal, without set off, deduction or counterclaim of any kind, 45 days from the date of invoice, unless otherwise agreed prior with L’Oréal. Payment must be made in accordance with the mechanisms permitted by the relevant ordering system, including any online or B2B portal operated by L’Oréal. Permitted payment mechanisms include electronic bank transfer to L’Oréal’s nominated bank account, or credit card. L’Oréal does not accept payment by cheque, unless otherwise agreed in our sole discretion. L’Oréal reserves the right to charge the Customer any applicable bank charges, card merchant fees or costs relating to such payment of invoices. For any electronic bank transfer, the Customer must ensure the L’Oréal account number is included so the payment is correctly referenced. At the time of payment, the Customer must also confirm by email to L’Oréal the details of the payment, including the date, amount and invoice number.

4.2 The Customer must pay by the date specified on the invoice. This payment date is a final date and it is the Customer’s responsibility to take into account potential non-working days and bank holidays to meet its obligations under this clause

4.3 If any invoice is not paid in full on or by the due date (without limiting any other rights L’Oréal may have), L’Oréal may charge the Customer a late payment fee.

4.4 Any payment default will not be remedied until the outstanding amount together with any late payment fee (if charged) payable under this clause 4 is paid in full. Any expenses, costs or disbursements incurred by L’Oréal in recovering any outstanding amounts, including debt collection agency fees or legal fees, will be recoverable from the Customer. L’Oréal reserves the right to cancel or suspend further deliveries or, if necessary, require a cash payment before any delivery of Products.

5 RISK AND TITLE

5.1 The risk in the Products passes to the Customer, and the delivery of the Products occurs, when they are received by the Customer (or the Customer’s agent) at their premises.

5.2 Property and ownership of the Products does not pass to the Customer until the full purchase price and all other amounts owing to L’Oréal are paid.

6 PERSONAL PROPERTIES AND SECURITIES ACT 2009 (“PPSA”)

6.1 The Customer acknowledges that these terms are a continuing security agreement for the purposes of section 20 of the PPSA and will operate irrespective of any intervening payment or settlement of account until a release has been signed by L’Oréal.

6.2 A Security Interest (as defined in the PPSA) is taken in all Products previously supplied to the Customer and in all Products that will be supplied in the future by L’Oréal to the Customer during the continuance of L’Oréal’s relationship with the Customer.

6.3 L’Oréal may register any Security Interest contemplated by these terms on the PPSA register in any manner it chooses (including by registering one or more financing statements in relation to its interest in the Products, with such expiry dates as L’Oréal determines in its absolute discretion). The Customer must provide L’Oréal with any information it requires for the purposes of effecting such registration.

6.4 The Customer must take any steps L’Oréal reasonably requires to perfect or otherwise ensure the enforceability and priority of any Security Interest granted to L’Oréal under these terms, including signing all further documents and so such further acts which L’Oréal may reasonably require to register financing statements or financing change of statements on the PPSA register.

6.5 If, in breach of these terms, the Customer attempts to dispose of or otherwise deal with the Products that are subject to a Security Interest in favour of L’Oréal, the Customer acknowledges that despite the disposal or dealing L’Oréal has not authorised the disposal or agreed that the dealing would extinguish L’Oréal’s Security Interest and L’Oréal’s Security Interest continues in the Products.

6.6 L’Oréal or its agents may enter the Customer’s premises to take possession of any of its Products in the event that any payment (in respect of those or any other Products) becomes overdue or if any other creditor of the Customer takes any steps to recover monies due by the Customer or has grounds for taking such steps. Should any other creditor recover and sell the Products, all monies or proceeds of any such sale shall be deemed to be held on trust for L’Oréal.

7 POS MATERIAL

All advertising and display material, counters, display units and equipment (“P.O.S. Material”) supplied without charge by L’Oréal to the Customer will be and remain the exclusive and identified property of L’Oréal and must be returned to L’Oréal immediately upon request. The Customer will have possession of the P.O.S. Material as bailee only and must use the P.O.S Material in accordance with the guidelines communicated by L’Oréal. No competitor products or POS Material may be present. Apart from normal wear and tear, the Customer must maintain the P.O.S Material in good condition. The Customer must withdraw any P.O.S Material from display immediately upon request. The P.O.S Material is not transferable and cannot be altered, defaced, on-sold or destroyed by the Customer without the express consent of L’Oréal. The P.O.S Material must not be removed from its existing location without the express consent of L’Oréal and in the event that the P.O.S Material is removed from its existing location before the expiration of its normal life, and the P.O.S. Material cannot be placed in a new location that is approved by L’Oréal, the Customer must compensate L’Oréal in an amount equal to the book value of that P.O.S Material.

8 INTELLECTUAL PROPERTY

8.1 All L’Oréal’s intellectual property in the form of patents, trade marks, brands, copyright and other technical information remain the property of L’Oréal and the Customer agrees that it must not use L’Oréal’s intellectual property in any manner whatsoever without the prior written consent of L’Oréal.

8.2 L'Oréal firmly prohibits any form of diversion, counterfeiting or tampering with L'Oréal’s trade marks and product packaging and presentation. Any attempt to divert, counterfeit or tamper with L'Oréal products in any way will be the subject of formal action to the fullest extent of the law. The Customer must immediately advise L'Oréal of any infringements or threatened infringements of L'Oréal’s trade marks that may come to its knowledge.

9 FORCE MAJEURE

9.1 Definitions

Force Majeure Event means any act out of the reasonable control of L’Oréal and can include any one, or combination, of the following events or circumstances:

(a) an act of God (including but not limited to fire, earthquake, cyclone, landslide, tsunami, or other natural disaster);

(b) civil unrest, armed conflict, act of terrorism, insurrection, military coup, war (whether declared or not) or other like hostilities;

(d) disease, epidemic, pandemic, and/or government sanctioned shutdown.

9.2 Notice of Force Majeure Event

L’Oréal will, within a reasonable timeframe, notify the Customer if, due to a Force Majeure Event, L’Oréal:

(a) determines solely on their own assessment that further performance of the relevant Order will be suspended or it is unable to carry out any of its obligations under this Contract; and/or

(b) decides not to perform any of their obligations under this Contract.

9.3 Relief from obligations during Force Majeure Event

(a) Except as stated otherwise in this Agreement, L’Oréal will not be in breach of or otherwise be liable to the Customer for any suspension, delay or non-performance of its obligations under this Contract if and to the extent that the suspension, delay or non-performance is due to a Force Majeure Event. L’Oréal will not be liable for any loss of profits or contracts or any other indirect or consequential loss, damage or injury caused by or arising out of the suspension, delay or non-performance, whether in contract or tort or otherwise.

(b) The Parties acknowledge and agree that clause (a) above applies in circumstances that include, but is not limited to, when L’Oréal’s non-performance is partially or completely due to:

(i) shortages of or increases in the price of components, materials or services;

(ii) a delay or failure by any subcontractor or supplier to L’Oréal;

(iii) strike or similar industrial action by L’Oréal’s workforce; and/or

(iv) was known or should have been reasonably known at the time of entering into this Contract.

9.4 Termination right
If a Force Majeure Event subsists so that L’Oréal is unable to perform all or a material part of its obligations in respect of any Order under this Contract for 3 consecutive months or 6 months in the aggregate as a consequence of a Force Majeure Event, either party may terminate this Contract with immediate effect by notice to the other party.

10 “PROFESSIONAL USE” PRODUCTS

10.1 L’Oréal reserves the use and sale of any of its Professional hair product ranges exclusively to suitably qualified hairdressing salons. The supply of such Products is at L’Oréal’s sole discretion.

10.2 L’Oréal regards a suitably qualified hairdressing salon as one which is:

(a) Conducting what is traditionally understood and perceived by the industry to be a hairdressing business;

(b) Currently licensed by all relevant bodies and authorities to carry on a hairdressing business and is complying with those applicable hairdressing licensing regulations; and

(c) Sufficiently qualified according to L’Oréal’s standards to ensure that the Products are used correctly and to ensure that proper advice is given to purchasers of the Products in an environment which suits the quality and reputation of the Products and the image L’Oréal has created for such Products.

10.3 Consistent with L’Oréal’s marketing policy for Professional Products, the Customer:

(a) Must use the Products distributed, sold and designated as “Professional Use” products (as defined in the relevant Price lists) as part of the supply by the Customer to its clients of its hairdressing services; and

(b) Must not sell or otherwise supply those Products designated as “Professional Use” products to any person, other than to consumers for their personal use or consumption within the retail premises of the hairdressing salon of the Customer.

11 SELECTIVE DISTRIBUTION

L’Oréal reserves the right, using its absolute discretion, to appoint a Customer as a selective distributor of Luxe, ACD and/or PPD Products by reference to quality standards determined solely by L’Oréal. Such distribution (if applicable) will be documented in a separate agreement, in addition to this document.

12 SUPPLIER INTEGRITY

12.1The Customer expressly agrees not to offer any “kick-backs” or facilitation fees to a L'Oréal employee or agent. This includes offering any position as employee, officer, consultant, agent or representative or any directorship or shareholding in the Customer’s company to any of L'Oréal’s employees, agents or their family members.

12.2 The Customer may give gifts up to a maximum value of AUD150 and/or entertainment to L'Oréal employees or agents subject to a maximum value of AUD500. The Customer must ensure that it can make available to L'Oréal, upon request, a detailed list of all gifts and entertainment, irrespective of value, offered by the Customer to L'Oréal employees or agents.

12.3 The Customer furthermore undertakes to disclose any situation which could be considered to create a real or perceived conflict of interest. This includes any relationship with a L'Oréal employee or agent and/or holding any position of interest in a competitor, customer, supplier or any other business partner of L'Oréal.

12.4 The Customer further undertakes not to tolerate, permit or engage in bribery or corruption when dealing with public officials or individuals in the private sector or permit or engage in any activity which could serve the purpose of money-laundering. If the Customer becomes aware of any breach of L'Oréal’s Code of Business Ethics by a L'Oréal employee or agent, the Customer should immediately report this to:

(a) L'Oréal Australia’s Chief Finance Officer: [email protected] or

(b) L'Oréal’s Asia Pacific Zone Head of Purchasing Non-Industrial Categories: [email protected]

13 TERMINATION

Either party may terminate these terms and conditions:

(a) immediately by written notice if the other party becomes insolvent;

(b) immediately by written notice if the other party is in breach of these terms and conditions and has failed to remedy the breach within fourteen (14) days of receiving written notice of the breach; or

14 LIMITATION OF LIABILITY

14.1 Subject to any terms implied by the Competition and Consumer Act 2010 (Cth) (“the Act”) or other statutory obligations which apply to the Customer and which L’Oréal cannot exclude, restrict or modify to the extent permitted by law, all other warranties, descriptions and conditions (whether express or implied) are expressly excluded.

14.2 If the Customer is entitled to the benefit of the implied terms in the Act, L’Oréal’s liability in respect of each Order will be limited to the lesser of the price of the ordered Products or the cost of replacing defective Products. To the maximum extent permitted by law, L’Oréal will not be liable to the Customer for any loss, damage, cost, expense or other claim, however caused (including by L’Oréal’s negligence) which arises in connection with the Products, including, without limitation, any loss, damage, cost, expense or other claim arising from the Products being used or stored in conditions that are abnormal or incompatible with their nature.

14.3 The Customer must not:

(a) directly or indirectly re‑supply the Products by way of export out of Australia or re‑supply to any person in Australia whom the Customer knows or reasonably suspects will re‑supply the Products by way of export out of Australia or who holds itself out as an exporter of Products; and

(b) sell, offer to sell, advertise for sale or otherwise supply (directly or indirectly) any Products to any person at or from any other location not expressly authorised by L’Oréal or through the internet, including to any person the Customer knows or reasonably suspects will re-supply the Products through the internet, without prior written authorisation from L’Oréal.

15 CONFIDENTIALITY

The Customer, its employees, agents, advisors and subcontractors, must keep confidential all information of L’Oréal, including information about any Products, promotions and trade terms (including these terms and conditions). This obligation survives the termination or expiration of this Contract.

16 PRIVACY & DATA PROTECTION

16.1 Without limiting clause 16.2, the Customer agrees that in relation to personal information that it accesses in purchasing Products from L’Oréal, it will treat such information in accordance with the Australian Privacy Principles of the Privacy Act 1988 (Cth) and in accordance with L’Oréal’s privacy policy, available online.

16.2 Each party to this Contract shall implement any relevant measure intended to protect the integrity and confidentiality of the personal information provided by the other party. Where such data is considered personal data according to the laws governing the processing of personal data, each party shall comply with the laws that concern them.

17 NOTICES

17.1 Any legal notice given by the Customer to L’Oréal under these terms and conditions must be in writing and may be given by hand or post to: L’Oréal Australia Pty Ltd, Level 13, 564 St Kilda Rd, Melbourne VIC 3004 Email: [email protected]

17.2 A notice, direction or other communication is taken to have been received:

(a) if delivered by hand to the receiver, at the time of delivery;

(b) if posted in a postage paid envelope addressed to the receiver, 3 business days after the date of posting.

17.3 For any other correspondence or communication:

Luxe Division: E: [email protected]│T: 1300 133 929

Consumer Products Division: E: [email protected]│T: 1300 659 259

Active Cosmetics Division: E: [email protected]│ T: 1300 133 929 │

Professional Products Division: [email protected] | T: 1300 651 141 │ L’Oréal Professionel T: 1300 651 141 │ Matrix T: 1300 656 247 │Kerastase & Shu Uemura Art of Hair T: 1300 760 550 │Redken T: 1300 650 170 │Pureology T: 1300 386 421.

18 GENERAL

18.1 These terms and conditions and dealings between the Customer and L’Oréal will be governed and construed according to the laws of the State of Victoria and the Customer agrees to submit to the courts located in Victoria.

18.2 In the event that any of the provisions of a Contract arising out of these terms is illegal or unenforceable (including, without limitation, where the term if held by a Court of competent jurisdiction to be unenforceable), that term will be severed and the remaining provisions of that Contract will remain in full force and effect. The foregoing will not apply where severance of the relevant term would be to the material detriment of a party or would materially alter the scope and nature of the Contract.

18.3 L’Oréal’s failure to enforce, at any time or any period of time, any term of any agreement incorporating these terms and conditions will not constitute a waiver of such term and will in no way affect its right to enforce it.

18.4 L’Oréal and the Customer are independent contractors and no agency, partnership, joint venture or employment relationship is intended or created by this document.

TERMS & CONDITIONS

Thank you for accessing our website (Site). Our Site contains information and content relating to, among other things, our products (Products).

We are L’Oréal New Zealand Limited (NZBN 9429040690933), and our registered office is at Level 2, Building B, Millennium Centre, 600 Great South Road, Ellerslie, 1051(L’Oréal / us / we / our). By using the Site, you accept these Terms.

From time to time we may update these Terms. Please check them when you visit to see if there are changes. Your use of the Site after any updates constitutes your acceptance of those updates.

We may run competitions and promotions via the Site. Separate terms and conditions will be included in the communication specific to those competitions and promotions.

If this Site allows you to purchase Products directly from us, there will also be separate online shopping Terms which apply to that purchase, covering things like delivery and returns. If the Site contains links to other third party webpages 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 pages.

(1) 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.

(2) 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:

commit or encourage a criminal offence, including promoting violence or hate-crimes;
transmit a virus, trojan, worm, or any other material which is technologically harmful, or a breach of confidentiality;
transmit any unlawful, threatening, defamatory, obscene, abusive, inflammatory, offensive, or pornographic material or other material that could give rise to any legal liability;
hack into the systems or data related to the Site;
infringe any persons person's intellectual property rights (eg copyright);
use the Site to send spam; or,
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.

(3) 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.

(4) INTELLECTUAL PROPERTY

The Site is made up of content that includes things like text, code, software, video, music, sound, graphics, photographs, illustrations, artwork, names, logos, trade marks, service marks and other material (Content) which is protected by intellectual property laws (eg copyright, patents, and registered trade marks and designs), as well as 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.

(5) 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.

(6) 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.

(7) 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 New Zealand product is equivalent.

(8) 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).

(9) 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.

(10) TERMINATION AND CHANGES

We may terminate, alter, change, update or suspend the Site or Content for any reason, 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.

(11) GENERAL

If any part of these Terms is determined to be invalid by any court having jurisdiction, that invalidity does not affect the validity of the remaining parts, which remain effective. If we don’t enforce or act on a part of the Terms, we aren’t waiving our right to do so later.

These Terms are the entire agreement between us about the Site and Content. They supersede any prior understanding or agreements (written or oral).

The Terms are governed by the laws of New Zealand. You agree that the Courts of New Zealand have exclusive jurisdiction over them.

PRIVACY POLICY

Privacy Notice

L’Oréal New Zealand Ltd has collected your personal information for the purposes of developing our relationship with you and providing you with information about its brands and products. If you opt in above, you consent to continuing to receive marketing materials and promotional offers from us (including via email and SMS). Generally, we only disclose personal information to our related companies and to third parties which provide us with (or assist us to provide) products/services. This may involve transferring your information outside of New Zealand including to Australia, USA, Singapore, Canada and the EU. Our privacy policy (available at www.loreal.com.au) contains information about making a complaint and accessing or correcting the information we hold about you. You can contact us (and opt-out from marketing) at the L’Oréal Consumer Affairs Department at 564 St Kilda Road, Melbourne, Victoria 3004, telephone 1300 659 359 or by email [email protected].

Privacy Policy

Version Date: 10 January 2019

ABOUT THIS POLICY

This privacy policy sets out the principles that L’Oréal New Zealand Ltd (NZBN 9429040690933) including each of its businesses, brands and divisions (“L’Oréal” “we” “us”), will follow in the management of your personal information.

Your “personal information” is any information or opinion about you, or from which you are reasonably identifiable.

We may amend this privacy policy at any time and for any reason. The updated version will be available at www.loreal.com.au. We may highlight changes to this policy on our websites, but you should check this policy regularly for changes.

(1) L’ORÉAL PRIVACY OBLIGATIONS

L’Oréal is committed to protecting the privacy of individuals and is bound by the Privacy Principles set out in the Privacy Act 2020 (the “Act”). L’Oréal will only collect, use or disclose personal information in accordance with the Act and this privacy policy. A copy of the Act, the Privacy Principles and guidance from the New Zealand Privacy Commissioner are available from the website of the Office of the New Zealand Privacy Commissioner (at www.privacy.org.nz/).

(2) COLLECTION AND USE OF PERSONAL INFORMATION

L’Oréal will, from time to time, collect personal information in the course of its business.

We may use your personal information for the following purposes:

the purpose for which it was collected (and related purposes which would be reasonably expected by you);
purposes to which you have consented; or
as otherwise authorised or required by law.

Generally, we will only use the personal information that we collect about you for purposes connected with our business operations. These purposes may include:

verifying your identity;
contacting you (including via electronic messaging such as SMS and email, by mail, by phone or in any other lawful manner);
providing goods or services to you or receiving goods or services from you;
addressing any issues, problems or complaints that we or you have regarding our relationship; and
developing and improving our products, services and business.

The types of personal information L’Oréal collects and the purposes for which that personal information is used will depend on the circumstances. Some examples of the types of information that L’Oreal ordinarily collects in certain situations and how it is ordinarily used are set out below.

(A) EMPLOYEES

L’Oréal may collect personal information from its employees in connection with their employment. Personal information includes an employee’s name, address, date of birth, photographs, bank account details and employee records.

Any personal information obtained and held by L’Oréal directly related to an employee’s employment with L’Oréal will be exempt from compliance with the Act. L’Oréal may be required to disclose the personal information of its employees, from time to time, for the purposes of conducting its business or otherwise in accordance with this policy.

L’Oréal may, from time to time, obtain sensitive information about its employees, either directly or indirectly. Where L’Oréal comes into possession of sensitive information relating to an employee, this information will only be used for the purposes for which it was obtained.

In the ordinary course of its business, L’Oréal may be required, from time to time, to transfer the personal information of employees overseas in accordance with clause 4 of this privacy policy.

(B) CONSUMERS

In general, L’Oréal collects the following types of personal information about consumers: name, contact information (including postal and e-mail address and telephone numbers), gender, age and date of birth, product preferences, purchasing histories, credit card details and other information relating to a consumer’s dealings with us. We generally use this personal information to assist in the supply of products and services, for promotional purposes and for our internal administrative purposes.

L’Oréal collects personal information from consumers in a number of different ways including directly from a consumer when they provide it to us (or our agents or contractors) including when a consumer:

visits our websites or counters;
acquires or uses our products;
enters a competition or promotion;
responds to a survey;
joins one of our clubs or mailing lists; or
otherwise contacts us.

We may also generate personal information about consumers from information that we have. For example, by analysing our records of a consumer’s use of our products or services or the consumer’s previous dealings with us.

We may also collect personal information about consumers from publicly available resources or (in circumstances where it is unreasonable or impractical to obtain it from the consumer directly) from third parties.

(C) APPLICANTS FOR EMPLOYMENT

L’Oréal collects a range of personal information about applicants for employment such as name, contact information (including postal and e-mail address and telephone numbers), employment and training history and any other information included as part of an application, resume or curriculum vitae. We may also obtain personal information from psychological or aptitude tests and from referees. We use all of that information only to assess a person’s suitability for available employment positions. This information is collected when you submit an application for employment.

Applicants for employment agree to L’Oréal collecting, using and disclosing the information for the purposes for which it was disclosed and to the extent permitted by the Act.

Where L’Oréal holds personal information from a previous employment application, the applicant can request to access the personal information in accordance with clause 7 of this policy. The request must be provided to L’Oréal within a reasonable timeframe and must particularise the information sought. L’Oréal will provide access unless an exception to access applies under the Act.

(D) SUPPLIERS, PURCHASERS AND CONTRACTORS

The personal information L’Oréal collects about suppliers, purchasers or contractors who are individuals generally includes name, contact information (including postal and e-mail addresses and telephone numbers), payment and banking details. We use that information for our transactions with such persons, our internal administrative purposes related to our relationship with that person as a supplier, purchaser or contractor and in building and managing our commercial relationships. This information is collected when a supplier, purchaser or contractor contacts us, responds to a request for services, or otherwise offers to supply us with goods or services.

When you use our websites, L’Oréal may also collect “clickstream” information (such as which areas of our websites you have accessed, the time and date of access, the type of browser software used, your IP address and the previous website that the you linked to our website from). We may also collect “cookie” information (such as user preferences relating to your use of the web site). This information is used for a number of purposes including to customise and improve L’Oréal websites. You can adjust your internet setting to disable “cookies”, however certain aspects of our websites may require this information to function and may not be available or perform optimally if this information is not collected.

The Act defines some types of personal information as “sensitive information”. Personal information about a person’s racial or ethnic origin, political opinions or memberships, religious or philosophical beliefs or affiliations, professional or trade association or union memberships, sexual orientation or practices, criminal record or health (including genetic and biometric information) is considered sensitive information. L’Oréal does not generally collect sensitive information about individuals. If you provide sensitive information to us for any reason (for example if you provide us with health information such as information about allergies or skin conditions) you consent to us collecting, using and disclosing that information for the purpose for which you disclosed it and as permitted by the Act. We will handle any sensitive information that we receive in accordance with this policy.

(3) DISCLOSURE OF PERSONAL INFORMATION

We may disclose or provide access to your personal information to third parties in connection with the purposes described in section 2 of this policy. We may disclose your personal information:

to third party contractors appointed by L’Oréal to perform services for us or on our behalf (such as marketing agencies, customer service organisations, parties who provide credit card processing services and website and data hosting providers);
to our related companies;
to our professional advisors, accountants, insurers lawyers and auditors on a confidential basis;
in the unlikely event that we, or any of our assets, are or may be acquired by a third party, to that third party and its advisors;
in certain circumstances, to third parties that require information for law enforcement or to prevent a serious threat to public safety;
as required or authorised by law; or
otherwise with your consent.

L’Oréal requires our contractors to keep personal information confidential and not to use or disclose it for any purpose other than performing services for us or on our behalf.

You should be aware that some information that you upload to parts of our websites or to our social media pages may be available to be viewed by the public. You should use discretion in deciding what information to upload to such sites.

(4) PROCESSING AND TRANSFER OF INFORMATION

As L’Oréal is an international business, some information (including personal information) may be transferred to countries outside of New Zealand in the ordinary course of our business including to parties located in:

Australia;
the USA;
Canada; and
Singapore;
other countries in Asia;
countries in the EU.

When L’Oréal discloses personal information outside of New Zealand we will comply with this privacy policy and the requirements of the Act.

(5) DIRECT MARKETING

Direct marketing involves communicating directly with you for the purpose of promoting the sale of goods and services to you. Direct marketing can be delivered by a range of methods including mail, telephone, email or SMS. We may use and disclose your personal information for the purpose of sending you direct marketing materials where:

you have consented to us doing so; or
it is otherwise permitted by law.

You can unsubscribe from receiving direct marketing materials from us at any time by contacting us (see section 9 of this policy).

(6) SECURITY

L’Oréal will take reasonable steps to keep any personal information we hold about you secure. However, except to the extent liability cannot be excluded due to the operation of statute, we exclude all liability (including in negligence) for the consequences of any unauthorised access to your personal information. Please notify us immediately if you become aware of any breach of security.

(7) SEEKING ACCESS

You have the right to seek access to personal information which L’Oréal holds about you or to update or correct that information.

There are a limited number of circumstances in which L’Oréal may decline to grant such access. These are set out in the Act. L’Oréal will grant access to information in accordance with the Act.

To request to access, verify, correct, or update any personal information we hold about you, please contact us (see section 9 of this policy).

L’Oréal will endeavour to acknowledge such requests as soon as practicable. If L’Oréal is required to or otherwise agrees to grant access to the personal information, we will give access within a reasonable period of time. L’Oréal will notify you of the method by which it will give you access to the information. Where permitted by law, L’Oréal may charge an administrative fee for granting access to information.

If L’Oréal refuses to grant access to personal information, it will inform you of the grounds on which access is denied and advice you of your options to seek to have that decision reviewed.

(8) COMPLAINTS ABOUT PRIVACY

If you are concerned that L’Oréal may have breached its privacy obligations, the Act or this privacy policy please contact us (see section 9 of this policy). When contacting us, please provide as much detail as possible in relation to your issue or complaint.

All complaints will be taken seriously and will be assessed by an appropriate person with the aim of resolving any issue in a timely and efficient manner. We request that you cooperate with us during this process and provide us with any relevant information we may require.

If you are not satisfied with our handling of your complaint, you may refer the issue to the Office of the New Zealand Privacy Commissioner (see https://www.privacy.org.nz/your-rights/making-a-complaint/).

(9) QUESTIONS ABOUT PRIVACY

If you have any questions or concerns about L’Oréal’s collection, use or disclosure of your personal information or if you would like to access, update or correct the information we hold about you please contact L’Oréal’s Privacy Officer via the L’Oreal Consumer Affairs Department at 564 St Kilda Road, Melbourne, Victoria 3004 or by telephone on 1300 659 359 or by email [email protected].