Terms and Conditions
Thank you for accessing our Kérastase 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.
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, except images taken from the Images Database, which L’Oréal permits for commercial use, please see Image usage rights;
(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.
IMAGE USAGE RIGHTS
Please note that all model, product and logo images available on the Image Database (the “images”) are available to Kérastase customer salon owners, employees and agents only.
You may use the images for the following uses only:
(i) In-salon materials (such as client loyalty cards, service menu cards, brochures, catalogues, leaflets etc.)
(ii) For press advertising of your Kérastase salon and its services (but not on any press material that sells or advertises products)
(iii) In-salon fixed point of sale material (e.g. posters or show cards)
(iv) On your Kérastase salon website
You are not allowed to use these images in conjunction with any form of advertising on TV, outdoor advertising materials or third party websites which you do not own.
Each of the model images has an expiry date (the “Expiry Date”). It is illegal for you to use any of the model images after their respective Expiry Date.
If you decide to use the images you must credit the images to Kérastase and include a link back to the Kérastase website.
If you would like information about obtaining L'Oréal's permission to use any of the Content or if you would like to link your website to the Website, e-mail your enquiry to onlinecare@Kérastase.co.uk
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.
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.
Either you or L'Oréal may terminate these terms with or without cause at any time. If L'Oréal terminates these terms, L'Oréal will email you at the address you provide on registration, and you will be deemed to have received it within one hour of transmission. Termination will be effective at that time. You will be responsible for notifying us of any changes to your email address. You may terminate by sending an email to onlinecare@Kérastase.co.uk . 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.
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 AD 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
By posting a comment on Kérastase’s website, you represent and warrant that:
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 Kérastase’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 Kérastase); • 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.
• 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).
If you have any concerns or complaints about any Kérastase products and their application to you, please contact our Consumer Advisory Department on Kérastase@loreal.com. Kérastase 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 Kérastase 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 Kérastase 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 Kérastase’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 Kérastase 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 Kérastase 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 Kérastase (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 Kérastase for any breach of your representations and warranties set forth above.
Kérastase reserves the right to suspend the CRR Service at any time without notice.
SUBSCRIBE TO NEWSLETTER WELCOME OFFER
Free travel-size (deluxe sample) offer when you sign up to the Kérastase newsletter. Offer valid while stocks last at www.kerastase.co.uk. One free gift per customer valid only for their first online purchase after subscribing to the Kérastase consumer newsletter by using their unique code (sent in the Welcome Email after subscribing). Offer cannot be applied to previously placed and pending orders. We reserve the right to replace any free item with an item of equal or greater value. We reserve the right to cancel any order due to unauthorized, altered, or ineligible use of offers and to modify or cancel offer due to system error or unforeseen problems.
Please note that free samples are offered to customers when placing an order on www.kerastase.co.uk and not on request through our Customer Services team. Subject to availability and while supplies last.
We are offering FREE Standard UK delivery with no minimum purchase on all orders.
*Receive a complimentary luxury sample of Reflection Bain Chromatique Riche (80ml) and Fondant Chromatique (75ml) when you order any of the Reflection touche chromatiques on www.kerastase.co.uk in a single purchase. Simply apply the product code COLOUR at check-out and the samples will automatically be added to your shopping cart. Offer can only be redeemed once. Offer cannot be applied to any previously placed orders. Offer ends 18th January 2018 at 09:00am and/or while stocks last. Kérastase reserves the right to substitute any free item offered with an item of equal or greater value.
KÉRASTASE ONLINE DIAGNOSTIC TOOL
Technical hosting of this tool is provided by CASTELIS, a simplified joint stock company registered with the Créteil Register of Commerce and Companies under the number 42946398700033, its registered office is located at 9, rue Maurice Grandcoing in Ivry-sur-Sein.
The tool was designed by RAZORFISH, a company, registered in the Commercial and Corporations Register of Paris under number 38103503900084, its registered office is located at 57 boulevard de la Villette – 75010 Paris.
The advice provided on this diagnostic tool and/or the diagnostic tools that may be made available 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 guarantee 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.
KÉRASTASE HAIR CONCERNS QUESTIONNAIRE
UK residents 18+ only. Entries open 17:00 05/10/17 until 17:00 05/11/17. For your chance to win:
(i) Complete all mandatory fields and select all applicable answers with the most up to date information.
(ii) Click “enter to win” to submit your answers.
By completing the questionnaire in accordance with the above entrance criteria, entrants agree to be automatically entered into the prize draw and abide by these Terms and Conditions (as set out in this table and the General Terms and Conditions below).
Questionnaires that are not fully completed won’t be entered into the prize draw.
Prize is one Kérastase hamper of products worth over £300, containing: Chronologiste Revitalising Exfoliating Care (200ml), Chronologiste Revitalising Shampoo (250ml), Chronologiste Essential Revitalising Balm (200ml), Elixir Ultime Versatile Beautifying Oil (100ml), Reflection Bain Chromatique Sulphate-Free, for coloured hair (250ml), Reflection Masque Chromatique Fine Hair, for fine coloured hair, Resistance Bain Force Architecte, Strenghtening Shampoo (250ml), Resistance Ciment Anti-Usure, Strengthening Conditioner (200ml), Ciment Thermique, blowdry care for damaged hair (150ml), L’Incroyable Blowdry Miracle Reshapable Heat Lotion (150ml), Laque Noire Hairspray (300ml), Soleil CC Crème (150ml), Mousse Boufante Volumising Mousse (150ml). Worth value based on the RRP of products sold on kerastase.co.uk.
Winner will be selected at random and will be notified via email by 10/11/17.
Please allow up to 21 days from the date the winner supplies details for delivery of the prize.
Promoter: Kérastase , a trading division of L’Oréal UK Limited, 255 Hammersmith Road, London, W6 8AZ.
Entry and eligibility
1. Entries must be received between the Entry Open Date and the Entry Closing Date.
2. The prize draw is free to enter and no purchase is necessary.
3. Promoter’s employees, their immediate family or any third party directly associated with the promotion are not eligible to enter.
4. Incomplete, illegal, misdirected or late entries will not be valid. Proof of complying with the How to Enter Requirements will not be accepted as proof of receipt or entry. Promoter is not responsible for entries lost, damaged or delayed due to technical or connectivity or other problems.
5. Only one entry per person. Bulk entries from trade, consumer groups or third parties will not be valid. Multiple entries made by the same person from various email, social media or other accounts or from the same IP address will not be valid.
6. Any entries which do not comply with the How to Enter Requirements, or which contain any third party intellectual property without prior informed consent from the rights holder, or which contain any abusive, inappropriate, offensive or obscene language or imagery will be disqualified. Examples of language/images considered to be inappropriate, offensive or obscene, include (but are not limited to): any message/image which contains (a) swearing; (b) comments or actions which appear to be discriminatory of any person, company or group of individuals, for example comments of a racist, sexist or homophobic nature; (c) sexual innuendo, sexual language or sexual acts, actions or gestures; (d) promoting any illegal unlawful activity such as drug use; (e) any message that appears to be an advertisement or solicitation to buy; and (f) any materials (whether written or visual) that directly or indirectly relate to Promoter’s competitor brands or that show any intention of promoting any brand other than Promoter brand.
Prize fulfilment and disqualification
7. Prizes are as stated, they are not transferable and there are no alternative prizes or cash substitutes. Promoter reserves the right to substitute a prize of equal or greater value in the event that the selected prize is unavailable for any reason whatsoever.
8. A winner forfeits their prize and Promoter reserves the right to select at random an alternative winner if:
(a) within 3 weeks of being notified by Promoter, a winner does not respond or does not provide their full name and relevant details (if applicable, details for the prize to be despatched to in the eligible country of residence); or
(b) if a prize is rejected or returned undeliverable; or
(c) if an entry is invalid or an entrant is disqualified or in breach of these Terms and Conditions.
9. Promoter reserves the right to disqualify an entrant or winner that, in its absolute discretion, could bring Promoter into disrepute.
10. Promoter shall disqualify any entries that have failed to abide by and/or are in breach of these Terms and Conditions.
11. The name of the winner(s) can be obtained by sending a stamped, self-addressed envelope, within 4 weeks of the Prize Draw Date to the Promoter at 255 Hammersmith Road, London, W6 8AZ, referencing the Promotion Name.
Promotional Activity relating to the prize draw
12. In entering the prize draw, all entrants and winners agree to participate in any promotional activity relating to the prize draw, which may include entry content, voice, image and name for publicity purposes (in any media, print or online, including any websites, social media sites or third party retailer websites) and in advertising, marketing or promotional material (whether or not related to the prize draw) free of charge without additional compensation or prior notice. Promoter may modify any entry content to fit in context with the relevant usage, whilst maintaining its original sentiment.
13. All personal details and/or information given either in the entry process or otherwise must be truthful, accurate and in no way misleading. Promoter reserves the right to disqualify entrants if they have supplied untruthful, inaccurate or misleading personal details and/or information.
Use of Entry Content
15. Promoter shall own all the copyright and other intellectual property rights in the entries and any other materials (whether visual, oral or written) generated during the various stages of this promotion, in perpetuity and on a worldwide basis for use at Promoter's sole discretion including, without limitation, use in advertising, other media, press releases, editorial and promotional activity, point of sale material, Promoter's websites, third party websites (including Facebook, Instagram, Twitter and Youtube), newsletters and e-newsletters.
16. Accordingly entrants assign to Promoter any copyright and other intellectual property rights which exist in their participation in this competition and irrevocably waive any moral rights that could vest in them (which shall include their name, location and age) under the Copyrights, Designs and Patents Act 1988 or otherwise, and undertake to do all things necessary immediately on Promoter’s request to effect or confirm any assignment in this paragraph.
Limitation of Liability
17. Neither Promoter nor agencies nor suppliers involved in this promotion may be liable to the winners, whether arising from tort including negligence, breach of contract or otherwise or for any damage, loss, liabilities, injury or disappointment incurred or suffered whatsoever as a result of or relating to participation in this prize draw or the prizes to the extent permissible by law. No compensation for loss of earnings will be paid by Promoter for participation in any aspect of this prize draw.
Website Specific Terms and App Specific Terms
18. Entrants must have internet access to be eligible.
20. Promoter’s decision is final and no correspondence will be entered into.
21. Promoter reserves the right in its absolute discretion to amend or waive any of these Terms and Conditions, or suspend or cancel the prize draw at any stage, in the event of circumstances that are unforeseen or beyond its reasonable control (including suspected or actual fraudulent or misleading practices or other breaches of these Terms and Conditions).
22. English law applies and the English courts shall have exclusive jurisdiction over any proceedings in connection with this promotion.