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Terms And Conditions

Preamble


PLEASE CAREFULLY READ THE CURRENT CONDITIONS OF USE FOR KIEHL’S WEBSITES: http://www.kiehls.be ; http://www.kiehls.nl ; http://www.kiehls.lu (THE “SITES”) BEFORE USING THEM.

THE CURRENT CONDITIONS FOR USE ON THE SITES (THE “CONDITIONS FOR USE”) GOVERNING YOUR ACCESS TO THE SITES AND YOUR USAGE FOR THE AFORESAID SITES. YOU CAN ONLY USE THE SITES ON CONDITION THAT YOU ACCEPT THE CONDITIONS FOR USE AS STIPULATED BELOW. IF YOU DO NOT ACCEPT ALL THE CONDITIONS FOR USE, YOU CANNOT ACCESS THE SITES OR USE THEM. ON GAINING ACCESS TO THE SITES OR IN USING THEM, YOU OR THE PERSON YOU HAVE AUTHORISED TO REPRESENT YOU (“YOU” OR “YOURS”) AGREE THAT YOU HAVE ACCEPTED TO COMPLY WITH THE CONDITIONS FOR USE.


The company L’Oréal L’Oréal Nederland BV, with EU business registration ID 32025040, European Community VAT number: NL001131679B02, whose headquarters are situated at Scorpius 1, Hoofddorp, The Netherlands, email : service@kiehls.nl, acting for the KIEHL’S marque is happy to welcome you to the Sites.

The Sites are administrated by the company L’Oréal Produits de Luxe France (“OAPLF”), whose headquarters are situated at: 29, rue du Faubourg Saint Honoré in Paris (75008), registered at the Registre du Commerce et des Sociétés de Paris reference number 314 428 186, represented by Monsieur Xavier VEY, in his capacity of Director, having responsibility as such.

User Admissibility


The Sites are only available to people who are over 18 [lit. attained the age of majority] and who are able to sign one or more contract(s) in accordance with the law. If You do not qualify as such, You cannot use the Sites.

Restrictions on the use of the sites


Whilst using the Sites, You agree to:

• to behave in a diligent fashion, respecting all the contractual and legal clauses, and, especially, without these examples being exhaustive, not to transmit, in any form whatsoever, any communication: illegal, threatening, odious, vulgar, harassing or of other nuisance nature.

• not to break or compromise the security of the Sites, for example and without this list being exhaustive: i) by You connecting or You trying to connect to secured places without registration or prior authorisation, or ii) interfering in whatever manner with the aim to create damage, destruction, or loss of the efficient running of the Sites, the network, the software or the hardware.

• to treat as confidential, all information, especially pass words, given for registration on a secure place and to inform OAPLF in the hypothesis where this information could be known by a third party.

• all information sent to OAPLF, in whatever manner and for whatever reason, should be complete, correct and not misleading and should have the right to transfer this information,

• to act exclusively to personal and private ends and never to transmit without authorisation, whatever bias used, commercial or publicity or non-requested emails.

• not to contravene the rights of OAPLF, nor a third party’s, whatever they may be, the aforementioned rights composed amongst others of intellectual rights in their widest meaning, sui generis, of the protection of privacy and image rights.

You accept that OAPLF can use and/or divulge information on your socio-demographic character in a manner that does not reveal your identity.

Identity protection


OAPLF respects your privacy. The use of your personal data is regulated by our [Privacy Declaration], which is an integral part of the current Conditions for Use.
In the case where OAPLF could be the subject of a reorganisation or could have been taken over by a third party, all data of a personal nature that OAPLF has learned about you could be transferred to the restructured company or a third party, on condition that our [Privacy Declaration] is still applicable to their use.

Intellectual property


The Sites and their contents, including and not exhaustively, texts, software, videos, music, drawings, photographs, illustrations, logos, factory Marques, of service or distinctive commercial sign (“Marques”) and all other material (“Contents”) are protected by intellectual property rights in its widest sense (comprising especially rights of authorship, Marques, industrial, image).

The contents include possessed or under the control of OAPLF and the contents possessed or under the control of a third party and authorised by OAPLF.

Except for the expressed authorisation to the contrary from the current Conditions of use, you cannot copy, reproduce modify, hire, loan, sell, buy, send, transmit, or distribute the Sites and their Contents in whatever manner, or create derivatives, without prior written authorisation from OAPLF or from the applicable third party. Except on expressed stipulation, OAPLF gives you no right, express or implied, on the Sites and their contents owned by OAPLF of all third parties.

You agree to immediately inform OAPLF in writing when knowing of any access or non authorised usage to the Sites by whatever party or any violation of intellectual property rights in its widest sense.

Downloading rights


You do not acquire any right or licence when using the Sites other than the limited right to use the Sites according to the current Conditions of Use and of downloading them according to the current conditions of this section.
Apart from the case as stated above, you cannot copy, reproduce, recompile, un-catalogue, unload, do converse programming, distribute, edit, stick on, execute, modify, download to create derived works, transmit, or exploit in any way any part of the Sites.

Downloading is authorised by OAPLF only on condition that:

• You may not make more than one printed copy of a download and any additional copy printed should be destroyed.

• You may only make one personal use and non commercial of such a download and/or printed copy, and

• You make it plain on such a download and/or printed copy all instructions concerning the rights to intellectual property and abide by these conditions.

Also, you cannot sell or distribute via any means (including distribution by televised or radio transmission or distribution on the internet) the Contents total or partial of the Sites. You cannot make any part of the Sites available on any other website, via
a hypertext link on the Internet or by any other means.

The Sites and the information that they contain cannot be used to construct a database of whatever nature. The Sites cannot be kept (wholly or in part) in databases accessible by you or by a third party or for distribution on databases.

Hypertext links


The Sites can contain hypertext links you send to the websites which are not the property of OAPLF.

The use of such sites is liable to the conditions of use of third party proprietors. The OAPLF neither controls these sites nor the information figuring on them, and cannot therefore offer any guarantee as to the contents and/or their presentation.
The OAPLF cannot a fortiori in any way be held responsible for damages, that they may cause, directly or indirectly, accessories or incidents, resulting from or linked to such usage.

These links and sources of information are available to you only on an indicative entitlement and do not imply any sponsorship, any support, or any affiliation with any of these sites.

Also, you are not allowed to place on a website any hypertext links sending visitors of this website to the Sites without prior written authorisation from OAPLF.

Absence of guarantees


The products, offers, Contents and components of the Sites are provided “as seen” and without any guarantee expressed or implied.
Except where prohibited by law, OAPLF declines all guarantees, expressly or implied, especially any guarantee implied for the quality of the merchandise, quality satisfaction and suitable for a particular use, of compatibility, of security or exactitude and of non-violation of intellectual property rights.

Neither OAPLF nor any of its franchisors, concessionaires, service providers or providers only guarantee the Sites or every function that is there will not be interrupted or will not contain errors, that the imperfections will be corrected or that the Sites or their servers do not contain viruses or other elements that may cause damage.

All products, offers, Contents and downloaded material or obtained by whatever manner when using the Sites are wholly at your risk and you will be solely responsible for the damages as occasioned to your system or loss of data resulting from downloading such a product, offer, Contents or material.

Although great care has been taken to assure that the information published on the Sites is correct, OAPLF bears no responsibility and does not guarantee its quality, precision, adequateness for a particular use, its usefulness or its completeness.
The OAPLF as well as its franchisees, concessionaires, service providers or providers decline any guarantee as to the use or the results of the using of the products, offers and of the Contents of the Sites in terms of exactitude, precision, reliability or any other aspect.

These exonerations of guarantees apply in the widest way permitted by law.

Responsibility limitations


You understand and explicitly agree that, in the widest way permitted by law, OAPLF declines all responsibility for damage direct, indirect, accidental, and special, by repercussion or any other damage.
If you are not satisfied with a part of the Sites or by one of the Conditions for Use, your one and only recourse is in ceasing to use the Sites.

Compensation


You agree to compensate, discharge and, at our sole discretion, defend OAPLF, as well as our administrators, directors, employees, shareholders, agents et representatives against all actions for responsibility or damages and interests of a third party (especially all fees and reasonable expenses for solicitors) following your misuse of the Sites, to offences against the Conditions for use or for offences by you or by another user, on your behalf, of whichever intellectual property right or other right of a person or company.

Suspension and Cancellation


OAPLF can, at any time, suspend usage of the Sites, especially for maintenance or repair reasons or for updating purposes or improving the contents or the functioning of the Sites.

You or OAPLF can cancel the Conditions for Use with or without cause at any time.
If OAPLF cancels the Conditions for Use, OAPLF will send you an email to the address you provided when you registered and you will be considered to have received it within an hour of it being sent. The cancellation will become valid at that time. You will be responsible to inform us of any change to your email address.

You can cancel your subscription by sending an email to service@kiehls.nl with the subject heading “Subscription cancellation”. After the cancellation, you can destroy all the Contents and copies obtained from the Sites.

Questions and Claims


In cases of questions or complaints, please address them to service@kiehls.nl.

Modification of sites


You agree that OAPLF has the right to modify, add or erase parts of the Sites or the technical characteristics of any aspect of the Sites at any time at the sole discretion of OAPLF.

It is up to you to check the Conditions for Use regularly in order to know the changes that have been made. The changes to the Conditions for Use will be considered as having been accepted simply by you using the Sites anew. If you do not accept the Conditions of Use, you cannot use the Sites.

It is possible that OAPLF launches courses and promotions through the intermediary of the Sites. Certain places on the Sites can be governed by special conditions. The use of the aforesaid places implies your unconditional acceptance of the integrity of the special conditions. If there is a discrepancy between the Conditions for Use and the special conditions, the special conditions will take precedence.

Applicable law and Jurisdiction


The Conditions for Use are regulated by Belgian law, which take precedence over European laws in regard to disputes.

Any arising litigation resulting from or linked to usage of the Sites and/or to the application of the Conditions for Use will fall under the jurisdiction of Brussels’ courts.
The Conditions for Use are not seen as infringing on the clauses of imperative law applicable.

Various


The Conditions for Use constitute the integrality of the concluded contract between the parties and replace all other contracts, and agreements according to their relevance for the use of the Sites.

If any one of the Conditions for use is judged as illegal, invalid or inapplicable for whatever reason, this clause will be considered as broken down in such a way that the validity of the other clauses and the law for OAPLF will still be valid and not affected by it.

OAPLF can postpone the validation of its rights under title to the current Conditions for Use without forming a revocation of them to make them ultimately valid.
You agree that OAPLF reserves the right to contract out on one or several of its obligations and/or to cede the Conditions for Use or one or several of its obligations to a third party, without OAPLF having to inform you of it.