Back
Terms of Use of Website L’Oréal Partner Shop
Welcome on this Website dedicated to the L’Oréal Professional Products Division B2B Partner Shop (hereinafter the "Website"/ “L’Oréal Partner Shop” / “LPS Connect”).
PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY. THESE TERMS OF USE IS AN ENTIRE AGREEMENT (“AGREEMENT”) ENTERED INTO BETWEEN YOU AND L’ORÉAL FOR USE OF THE WEBSITE.
By accessing this Website, you, as the user of the Website (hereinafter “you” or “your” or “User” or “Customer”) explicitly agree to comply with and be bound by these Terms without reverse. L’Oréal hereby grants you access to the Website, in consideration of you agreeing to these Terms.
These "Terms of Use" constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.
A. Website
1. The Website is created, owned and operated by L’Oréal India Private Limited (hereinafter “L’Oréal" or "us" or "we" or "our"), having its registered office at 8th floor, ‘A Wing’, Marathon Futurex, N.M.Joshi Marg, Lower Parel, Mumbai – 400 013, India.
2. This Website is a business-to-business platform which has been created by L’Oréal to facilitate order placement by you and delivery of products through L’Oréal’s authorized Stockist(s) (“Stockist”).
B. Access to the Website
1. To access and use this Website you need to be in a professional beauty business who is registered with L’Oréal. You will need a valid email address to access the account on the Website.
2. If you use the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to the same to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. Please ensure that the details you provide us are correct and complete and inform us immediately of any changes to the information that you provided when registering.
3. You must not share your login details, i.e., username and password of Your account with any other person, else it would be considered breach of this Terms. All actions taken by any person accessing your account on your behalf shall be deemed duly authorized and you shall be liable with respect to such actions.
4. You should immediately notify if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
C. Services and Use of the Website
1. You agree, understand and acknowledge that the Website is only an online platform that enables you to place order for products listed on the Website.
2. All commercial/contractual terms are offered by and agreed to between you and Stockist alone. The commercial/contractual terms include without limitation maximum parlour price (MPP), shipping costs, payment methods, shelf life, payment terms, date, period and mode of delivery, and after sales services, if any related to products and services. L’Oréal does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between you and Stockist. Accordingly, the contract of sale of products on the Website shall be a strictly bipartite contract between you and the Stockist.
3. It shall be your responsibility to check the details of your Stockist before placing an order on the Website and you shall independently agree upon the manner and terms and conditions of delivery, payment etc. with the Stockist that you transact with.
4. Placement of order by you on the Website is an offer to purchase the product(s) to the Stockist and it shall not be construed as Stockist’s acceptance of offer. The Stockist retains the right to modify, cancel any such order placed by you, at its sole discretion, including but not limited to the quantity, MPP etc. The MPP mentioned on the Website is indicative and can be modified or altered by the respective Stockist.
5. The MRP of the products mentioned on the Website may keep changing, as per sole discretion of L’Oréal. In the event, the Stockist has stocks which is of different MRP than the MRP reflected in the Website, while placing the order, the Stockist will inform such change to you and the invoice will reflect the correct MRP with discounts, as may be applicable.
6. Any change in the order placed on the Website shall be intimated by the Stockist directly to you via email/SMS/phone.
7. This Website does not facilitate any payment to be made to L’Oréal or the Stockist.
8. You, understand, agree and acknowledge:
a. that you are accessing the services on the Website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the Website.
b. to use your account on the Website to place order for products only for lawful purposes and for your business use and not for personal purposes and further agree to conduct any activity relating to the services in good faith without any intention for committing any illegal activity.
c. to ensure that any information or data you post or cause to appear on the Website is accurate, truthful, and complete and agree to take sole responsibility for such information and data.
d. that in its only role as a facilitator for placing orders in this Website, L’Oréal is not responsible for the quality, authenticity and validity of the goods sold and delivered through orders placed on this Website. Any disputes related to quality, price, expiry, authenticity, packaging of products etc. will be raised only against the Stockist and L’Oréal will not be party to the same by virtue of services provided through the Website.
e. L’Oréal shall neither be liable nor responsible for any actions or inactions of the Stockist nor any breach of conditions, representations or warranties by the Stockist and hereby expressly disclaim and any all responsibility and liability in that regard. L’Oréal shall not mediate or resolve any dispute or disagreement between you and the Stockist.
9. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable laws, rules and regulations regarding your use of the Website.
D. Scheme, offers and promotions
1. All promotional offers / schemes / opportunity to participate in competition provided on the Website are indicative only and same may vary from time to time and shall be subject to additional terms and conditions of the said promotion schemes.
2. L’Oréal reserves the right to introduce, delete, alter, terminate promotional schemes at its discretion.
3. Offers and slabs available on the Website may vary from one User to another User. These offers are personalized and recommended based on various factors including but not limited to your past transaction, location, type of salon, type of account, color/care/texture/styling purchase share, number of training undertaken by the salon, decided as per the discretion of L’Oréal.
4. We encourage you to read the additional terms or notices before participating in any such campaigns or promotions as you will be required to comply with them if you participate. Please contact your Stockist for validation and confirmation on the same.
5. All promotions are subject to availability of the stock of the said products under offer. In the event, sufficient quantity of the product under offer is not in stock with the Stockist to avail the benefit of the scheme, your order can be modified as per your discussion with the Stockist.
6. Only purchases from Stockist will be valid for the relevant benefits under programs and promotions run on the Website.
E. Disclaimer of Warranties and Liabilities
1. Your access to and use of the Website or any content are at your own risk. You understand and agree that the services are provided to you on an "AS IS" or "AS AVAILABLE" basis. All warranties including, without limitation, the implied warranties of correctness of data for a particular purpose, for the title and non-infringement are disclaimed and excluded.
2. L’Oréal makes no guarantee, warranty or representation and disclaim all responsibility and liability for: (i) quality, accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation or legality of the products; (ii) whether the Website will meet your requirements or be available on an uninterrupted, secure, or error-free basis; (iii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Website; (iii) the quality of any services, content, information, or other material in the Website will meet your expectations or requirements; or (d) any errors in the Website will be corrected.
3. Your access to the Website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.
4. L’Oréal, its affiliates, directors, employees shall not be liable, at any time for any direct, indirect, punitive, incidental, special or consequential damages, including, without limitation, damages for loss of business, damage to hardware or loss of profits, loss of data or profits, whether arising in contract, tort or otherwise arising due to any reason whatsoever, including but not limited out of or in any way connected with the use of the Website, with the delay or inability to use the Website, or due to use of the contents available in the Website or for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, or due to use of information contained the Website.
F. Use of the Website and reviews, comments, communication
1. Users of this Website may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content complies with the below mentioned requirements. You shall not host, display, upload, modify, publish, transmit, update or share any information which:
a. belongs to another person and to which You does not have any right to;
b. is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
c. harm minors in any way;
d. infringes any patent, trademark, copyright or other proprietary rights;
e. violates any law for the time being in force;
f. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
g. impersonate another person;
h. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or
i. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
In the event a User fails to comply with the above, L’Oréal reserves the right (but not the obligation) to remove, refuse, delete or edit any content that in the sole judgement of L’Oréal violates these conditions of use and/or terminate your permission to access or use this Website.
2. If you do post content or submit material, and unless we indicate otherwise, you:
a. grant L’Oréal and its affiliates a non-exclusive, royalty-free, irrevocable, perpetual and fully sublicensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media;
b. L’Oréal and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose; and
c. agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content.
G. Intellectual Property Rights
The Website and each of the information, text, graphics, images, user interfaces, visual interfaces, photographs, audio and video clips, trademarks, trade names, logos, sounds, music and artwork and any other materials displayed through all material presented and appearing on the Website (collectively, "Content"), are the property of L’Oréal or its affiliate entities. Any infringement shall be vigorously defended and proceeded against to the fullest extent permitted by law.
Title to the Content remains with L’Oréal or its affiliate entities. Any use of the Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. Except as stated herein, none of the Content may be copied, modified, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of L’Oréal or its affiliate entities.
H. Data Privacy
By accessing this Website, you agree to the privacy policy as appearing in the _________. The personal information / data provided to us by you during the course of usage of the Website will be treated in accordance with the aforesaid Privacy Policy and applicable laws and regulations. If you object to your information being transferred or used, please do not use the Website.
You can unsubscribe or opt out of our direct marketing communication at any time. It is easiest to do this by clicking on the “unsubscribe” link in any email or communication we send you. Otherwise, you can contact us using contact detail below:
[email protected] or by writing to us at L’Oréal India Private Limited, A- Wing, 8th Floor, Marathon Futurex, N.M. Joshi Marg, Lower Parel, Mumbai – 400013.
I. Term and Termination
1. These Terms are valid from the date of registration of account by the User, to the time of termination or deletion of account.
2. L’Oréal reserves the right to discontinue membership and use of the Website of any User, who in the sole opinion of L’Oréal (a) appears to be using the Website in a manner inconsistent with the Terms; or (b) who acts in a manner inconsistent with any laws, statutes or ordinances for the time being in force.
3. L’Oréal reserves its right to refuse service, restrict, suspend, discontinue your access to the Website; delete, move, or remove any content that is available in or through the Website; establish general practices and limits concerning use of the L’Oréal at any time with or without any prior notice.
4. You are free to delete your account at any time. Any User account deletion shall not cancel the order you have made prior the cancellation.
J. Indemnity and Release
1. You shall indemnify, defend and hold harmless L’Oréal, its affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of (a) your breach of these Terms or any document incorporated by reference; or (b) your violation of any law, rules, regulations or the rights of a third party; or (c) direct and indirect damages, losses, harms, returns, refunds, queries, disputes and litigations between yourself and the Stockist.
2. You hereby expressly release L’Oréal and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the Stockist and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.
K. Amendment and Severability
1. L’Oréal reserves the right to change, update at any time and in its sole discretion any of these terms and conditions contained in these Terms and you shall be bound by such amended Terms.
2. In the event that any of the provisions of these Terms shall be determined invalid, void or unenforceable, such provision shall be deemed to be deleted from these Terms and the remaining provisions of these Terms shall continue in full force and effect.
L. Force Majeure
L’Oréal shall not be held responsible for any delay, error or failure to comply with its obligations under these Terms or the Website, if the delay or failure arises from any cause which is beyond its reasonable control, including, but not limited to, acts of God, epidemic, pandemic, fire, explosion, labor dispute, war, civil commotion, judicial or governmental order and/or other requirement of law.
M. Waiver
The failure of L’Oréal at any time to require performance by you of any provision of the Terms shall in no way affect the right to require such performance at any time thereafter, nor shall the waiver of L’Oréal of a breach of any provision of the Terms constitutes a waiver of any succeeding breach of the same or any other provision.
N. Independent Parties
The contractual relationship between L’Oréal and the User is strictly on a principal to principal relationship, and under no circumstances will the User represent themselves to be an agent/servant/employee/partner of L’Oréal or represent any other relationship with L’Oréal.
A person or entity who is not a party to these Terms shall have no right under the Terms or any applicable legislation in any jurisdiction to enforce any of these Terms.
O. Communication
1. When you visit the Website, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order. L’Oréal may communicate with you by e-mail, SMS, phone call or by posting notices on the Website or by any other mode of communication. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages), from L’Oréal with respect to your use of the Website and/or your order placed on the Website.
2. All legal notices or demands to or upon Website shall be made in writing and sent to L’Oréal by courier, email to the following address: A-Wing, 8th Floor, Marathon Futurex, NM Joshi Marg, Lower Parel, Mumbai, Maharashtra 400013. Notices may also be sent by e-mail to: [email protected]. The notices shall be effective when they are received by in any of the above-mentioned manner.
P. Governing law and Jurisdiction
These conditions are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Mumbai.
Q. Grievance Redressal
In case of any questions, grievances or concerns in relation to these Terms or the Website, please email the grievance redressal mechanism by contacting [email protected] or write to L’Oréal at A-Wing, 8th Floor, Marathon Futurex, NM Joshi Marg, Lower Parel, Mumbai, Maharashtra 400013.
