Terms & Conditions

Jump to: Kérastase x Lancôme Competition Terms

Thank you for accessing our website (Site). If you access our Site, or where you set up an account with us or purchase our products (Products) from us via this Site, your account, personal information, order, purchase and delivery will be covered by these online shopping terms and site terms of use (Terms) as well as our Privacy Policy.

We are L'Oréal Australia Pty Limited (ABN 40 004 191 673), and our registered office is at 564 St Kilda Road, Melbourne, Victoria 3004 (L'Oréal/us/we/our). By using or accessing the Site, or by placing an order for Products, you accept these Terms.

From time to time we may update these Terms. Please check them before you place a new order, or before you use or access the Site, to see if there are changes. If you place an order using the Site, you agree to the Terms that apply at the time of your order. If you continue use or access of the Site, this will constitute your acceptance of these Terms and any updates.

Our products come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these terms or conditions seeks to override those guarantees or your rights under the Australian Consumer Law or other applicable laws.

Online Shopping Terms

1) Key terms of sale

(a) You may not order more than 5 units of any item per size, and per day via the Site; and your total product price paid per day may not be more than $2000 per customer. You may not order more than 8 Products with the same SKU in one calendar month. If an order is more than these limits, we have no obligation to fulfil the order. We may update these limits from time to time either here in these Terms, or on the Product page.

(b) Products purchased via the Site are for personal use only. They must not be used in your professional capacity and must not be re-sold for commercial purposes.

(c) We can only deliver within Australia. Overseas, addresses will not be processed.

(d) If you place separate or consecutive orders, we won't be able to combine or consolidate them into one delivery, and separate delivery charges will apply to each order.

(e) From time to time we may publicise competitions or make promotional discount codes or other offers available for Products purchased via the Site (eg gift with purchase). The participation in competitions, or, particular use of those codes or offers (including specific terms or conditions) will be described on the Site at the time they are made available.

2) Appearance of Products on the Site

(a) The Site contains text, code, software, video, music, sound, graphics, photographs, illustrations, artwork, names, logos, trade marks, service marks and other material (Content) in relation to our Products.

(b) We do our best to ensure the Site and its Content is accurate, but there may be instances where it is not complete, accurate or fully up to date. For example, photos of the Products are for illustration only. We aim to ensure that the shade and image of our Product photos accurately represent the Products as purchased. However, variations can occur for things like colour and transparency or how opaque a product looks when used, particularly because of technical limitations in reproducing colour on screens. As a result, we don't recommend that you only rely on the photos on the Site. To the extent permitted by law, without limiting your consumer law rights, and provided that we have not been fraudulent, negligent or engaged in wilful misconduct, we will not be liable for errors, variations or inaccuracies in Content on the Site. We may correct errors, inaccuracies or omissions from time to time.

3) Product Availability

Your purchase of Products is subject to their availability. If a Product is not available, we will let you know as soon as we can. We're not obliged to supply Products, and we aren't liable if a Product is out of stock or unavailable. We will notify you of a Product's unavailability after your order is accepted You can either cancel the whole order and we will refund you for it; or you may wish to cancel the order for the out of stock Product, and proceed with the remainder of the order; or (depending on the particular Product) we may be able to hold your order until new stock arrives.

4) Price and delivery costs

The prices of the Products are in Australian dollars and include GST. Delivery costs are separate. They are set out in the Shipping section and will be added to the price of the Products to give your total price payable. We may change Product prices and delivery costs from time to time. You will be required to pay the total price via the Site which is published at the time you submit your order.

5) Orders and payment

(a) To place an order, you need to provide us with the information in our order form page, including your name and delivery address, as well as an email we can send your confirmation to. You're responsible for any errors in your order which you cause, including if you type in an incorrect delivery address or email. We're not responsible or liable for any losses if you provide inaccurate or incomplete details.

(b) Once you submit your order, it can only be cancelled or changed if we agree to do so: you should check your order carefully before submitting it.

(c) You must pay for your order in full at the time you submit it. An order is only confirmed once we receive your payment. We will send you a confirmation email about your order, as well as an email when we have dispatched the Product you've ordered.

(d) Except if the record is incorrect due to our fraud, negligence or wilful misconduct, the record of the transaction generated from the Site is proof of the purchase of Products, including if there's a dispute between you and us about the purchase.

(e) We can refuse orders: if they are over the number or dollar value limits; if we have an existing dispute with you; if you've failed to pay for part or all of a previous order; or, if your payment authorisation is refused by your banking organisation.

(f) If there has been a genuine human or system error on our part (eg a price or a Product description), we don't have to fulfil an order which is affected by that error, and we will give you a refund. If only part of an order is affected by an error, we will refund you for that part, but we will fulfil the rest of the order.

(g) We can also refuse or cancel orders if we reasonably consider that it is necessary to prevent fraud, due to product availability as explained above, or otherwise based on information we receive about orders from our payment partner. If we cancel an order you will receive a refund.

(h) As part of our fight against fraud, information about orders will be analysed by our payment partner. (i) Products remain our property until we receive full payment. Risk in the Products (including damage or theft) transfers to you once the product is delivered.

(i) We're not liable if the Site, the Products, ordering, our staff, or the delivery of Products are affected by events which are outside of our control. For example, events which are outside of our control include things like war, riots, terrorism, strikes, and insurrection; security hacks or interruptions, technical failures affecting computers, hardware, software, and telecom lines; unauthorised access to the Site's services or our systems; and natural or human-caused disasters, such as fire, flood, explosion, cyclone, earthquake, or storm, or even the threat of such an event. If there is such an event, we will let you know as soon as we can. If the event continues for 30 days, we may cancel the order and refund you.

6) Delivery

(a) Orders are usually prepared by our logistics centre located in Dandenong, Victoria, Australia, then dispatched by our delivery agent. Delivery times will vary depending on a number of factors, including Product availability, the capacity of our centre, supplier delivery of Product to us, and any delays experienced by our delivery agent. Delays may also be experienced during busy periods such as Christmas or sale periods. We are not responsible or liable for any delay in delivery beyond our control If your order is late, email us at [email protected] and we will follow it up with our delivery agent.

(b) Once you receive your Products, you should check that they match your order. Please tell us immediately if they are not correct. Subject to applicable law and your rights under consumer laws, we may, acting reasonably, reject any delivery complaints if we receive them more than 7 working days after you receive the delivery.

7) Our Products, returns, defects and limitation of liability

(a) If we give a warranty or guarantee about a Product, it applies in addition to your other rights and remedies under the Australian Consumer Law, and any other applicable laws. Our Products come with guarantees that cannot be excluded under the Australian Consumer Law and you may have rights to replacements, refunds and other remedies in certain circumstances.

(b) However, to the extent possible under law, and provided that we have not been fraudulent, negligent or engaged in wilful misconduct: (i) We exclude all implied terms and warranties, whether statutory or otherwise, relating to these Terms, the Site, ordering, delivery and the Products. (ii) We will not be liable for any expense or injury (including indirect loss, such as revenue, profits, goodwill or business opportunity) in contract, tort, under statute or otherwise, including directly or indirectly in connection with these Terms, the Site, ordering delivery and the Products.

(c) Any liability a party has to the other is reduced to the extent that a party caused or contributed to its own loss or damage.

(d) We cannot refund or exchange Products if you simply change your mind.

(e) If you receive a Product which has been sent in error, or which doesn't comply with its specification, contact us immediately at [email protected]. You must return the affected Product to us within 7 working days of you receiving it, along with your proof of purchase (e.g. your receipt or Site proof of purchase). Once we receive it, we will inspect it and investigate any claimed defects as quickly as possible. If we determine that the Product is defective, or if it has been sent to you in error, you can choose a refund or comparable replacement. If you choose a refund, or if no comparable Product is available, we will refund the price you paid and the postage costs. If you choose a comparable replacement that is available, we will exchange the Product and send you an alternative, at no higher price to the price you originally paid.

(f) We may determine that the Product is not defective or has not been sent to you in error, including on the basis that you have not used the Product in accordance with its instructions, or if you have failed to take reasonable care, or for some other reason outside of our control. In this case, we may reject your claim, and return the Products to you at your cost. However, nothing in these Terms limits your rights at law.

(g) If you Purchase a Product as a gift, or otherwise for delivery to someone who isn't you, you consent to us contacting the recipient if we reasonably need to, including if there is a recall.

Site Terms of Use

8) 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.

9) 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:

(a) commit or encourage a criminal offence, including promoting violence or hate-crimes;

(b) transmit a virus, trojan, worm, or any other material which is technologically harmful, or a breach of confidentiality;

(c) transmit any unlawful, threatening, defamatory, obscene, abusive, inflammatory, offensive, or pornographic material or other material that could give rise to any legal liability;

(d) hack into the systems or data related to the Site;

(e) infringe any person's intellectual property rights (eg copyright);

(f) use the Site to send spam; or,

(g) 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.

10) 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. If the Site contains links to other third-party websites 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 websites.

11) Intellectual Property

The Site is made up of Content which is protected by intellectual property laws (eg copyright, patents, and registered trade marks and designs), as well as and 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.

12) 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.

13) 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.

14) Site and Content access and limitations of liability

NOTE: The Australian Consumer Law includes guarantees that cannot be excluded and you have rights and remedies in certain circumstances. This clause only applies to the extent permitted by law, including the Australian Consumer Law, and provided that we have not been fraudulent, negligent or engaged in wilful misconduct. We do our best to ensure the Site and Content is accurate, but the Site and Content is provided “as is” and may not be complete, accurate or fully up to date at all times. Information on the Site and Content should not replace professional or medical advice.

To the extent permitted by law and without limiting your consumer law rights, we exclude all liability relating to the access to and use of the Site and its Content.

Further, while we work hard to provide a reliable and error- and defect-free service, 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 and that are outside of our reasonable control as a result of any of these. We are not responsible for Content provided by third parties.

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, you should check to ensure the Australian or New Zealand product is equivalent.

Subject to the ‘Note’ above: (i) 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, you should stop accessing or using the Site. (ii) 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 which arises from, any use of, or inability to use, the Site, Content or any other website linked to the site.

15) 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.

16) Site termination and changes

We may terminate, alter, change, update or suspend the Site or Content from time to time so that they reflect our service and policies or where necessary for our business function. These changes might mean you can't access or use the Site in the same way, or at all. As noted above, to the extent the law allows and without limiting your consumer law rights, we exclude all liability relating to the access to and use of the Site and Content (except if we have been fraudulent, negligent or engaged in wilful misconduct).

General

(a) If one or more parts of these Terms is deemed or declared invalid under a law, regulation or following a definitive decision by a court having jurisdiction, the other provisions remain in effect. If we don't enforce or act on a part of the Terms, we aren't waiving our right to do so later.

(b) The Australian Consumer Law includes guarantees that cannot be excluded and you have rights and remedies in certain circumstances. Otherwise, to the extent permitted by law, these Terms, and, if applicable, the order confirmation sent to you, together form the entire agreement between us and you about the Products, Site and Content.

(c) These Terms and the contract between you and us are governed by the laws of Victoria, Australia. You agree that the Courts of Victoria have exclusive jurisdiction over them.

Kérastase x Lancôme: Win Your Routine Promotion Terms & Conditions ("Conditions of Entry")

1. The entrant agrees and acknowledges that they have read these Conditions of Entry (and Schedule) and that entry into the Promotion is deemed to be acceptance of these Conditions of Entry (and Schedule). Any capitalised terms used in these Conditions of Entry have the meaning given in the Schedule, unless stated otherwise. 

2. The Promotion commences on the Start Date and ends on the End Date ("Promotional Period"). Entries are deemed to be received at the time of receipt by the Promoter and not at the time of transmission or deposit by the entrant. Records of the Promoter and its agencies are final and conclusive as to the time of receipt. 

3. Valid and eligible entries will be accepted during the Promotional Period. 

4. Employees (and their immediate family members) of the Participating Venues, agencies/companies directly associated with the conduct of this Promotion, the Promoter, businesses involved in determination of winner/s for the Promotion, businesses involved in the management of the Promotion, any organisation benefiting from the Promotion, the Promoter’s distributors, suppliers, subsidiary companies/businesses and associated companies and agencies are not eligible to enter. "Immediate family member" means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin. 

5. If a prize is won by a person under the age of 18, the prize may be awarded to the winner's parent or guardian and where applicable to the prize a nominated parent/guardian must accompany any person under 18 years of age.  

6. Draw: 

1. The draw will take place at Plexus, Level 4, 411 Collins Street, Melbourne VIC 3000 at 12:00 pm AEST on 08/05/24 using computerised random selection. 

1. The first three (3) valid entries drawn will be the winners of the prizes specified in the Schedule above.  

2. The prizes will be drawn in descending order of value. 

3. The draw conductor may draw additional reserve entries in case an invalid entry or entrant is drawn. 

4. If a draw is scheduled on the weekend or a public holiday, the draw will be conducted at the same time and location on the following business day. The Promoter will ensure each draw is open for public scrutiny and anyone may witness the draw on request. The winner of a drawn prize is determined by chance. 

7. All reasonable attempts will be made to contact each winner. 

8. If any winner chooses not to take their prize (or is unable to), or does not take or claim a prize within a reasonable time, as specified by the Promoter, or is unavailable, they forfeit the prize and the Promoter is not obliged to substitute the prize. 

9. Where entry is allowed by purchase or subscription, the cost of the product or service is no greater than the cost would be without the opportunity to participate in the Promotion. 

10. No part of a prize is exchangeable, redeemable for cash or any other prize or transferable, unless otherwise specified in writing by the Promoter. 

11. If a prize (or portion of a prize) is unavailable the Promoter reserves the right to substitute the prize (or that portion of the prize) to a prize of equal or greater value and specification, subject to any written directions of a regulatory authority. 

12. No entry fee is charged by the Promoter to enter the Promotion. Where entry is allowed online, there is no additional cost to enter the Promotion other than any cost paid by the entrant to access the website or social media platform of entry via their Internet service provider. 

13. Each prize will be awarded to the person named in the entry and any entry that is made on behalf of an entrant or by a third party will be invalid. If there is a dispute as to the identity of an entrant or winner, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant or winner. 

14. All entries will be the property of the Promoter. The information entrants provide will be used by the Promoter for the purpose of conducting this competition. The Promoter may collect entrants' personal information (including through its contractors or agents) or disclose entrants' personal information to its contractors and agents to assist in conducting this competition or communicating with, or developing its relationship with, entrants including to overseas locations such as New Zealand, the USA, Canada, Singapore and other countries in Asia and the EU. By entering this promotion, entrants consent to the storage of their personal information on the Promoter's database and the Promoter may use this information for future competition and marketing purposes regarding its products, including contacting the entrant via electronic messaging. By entering this promotion, entrants consent to receiving SMS or email messages from the Promoter. The Promoter is bound by the Privacy Principles in the Privacy Act 1988.  Entrants can request access to the personal information the Promoter holds about them by contacting the Promoter at the address stated in the Promoter section of these conditions. The Promoter's Privacy Policy, located at https://www.loreal.com/en/australia/pages/group/privacy-policy-australia/ (for Australia) and https://www.loreal.com/en/new-zealand/pages/group/privacy-policy-new-zealand/ (for New Zealand), contains information about: (a) how entrants can seek access to the personal information the Promoter holds about them and seek the correction of such information; and (b) how entrants can complain about a privacy breach and how the Promoter will deal with such a complaint. 

15. For the purposes of public statements and advertisements, the Promoter may only publish the winner's surname, initial and State/Territory or postcode of residence. 

16. It is a condition of accepting the prize that a winner (or their parent or legal guardian if under the age of 18) may be required to sign a legal release as determined by the Promoter in its absolute discretion, prior to receiving a prize. If a winner is under the age of 18, a nominated parent or legal guardian of the winner will be required to sign the legal release on the winner's behalf. 

17. If a prize is provided to the Promoter by a third party, the prize is subject to the terms and conditions of the third party prize supplier. The terms and conditions which apply to the prize at the time it is issued to the winner will prevail over these Conditions of Entry in the event of any inconsistency. To the extent permitted by law the Promoter accepts no responsibility or liability for any delay or failure by the third party to deliver the prize, any delay or failure relating to the prize itself or failure by the third party to meet any of its obligations in these Conditions of Entry or otherwise. 

18. Any guarantee or warranty given is in addition to any relevant statutory guarantees and warranties and nothing in these Conditions of Entry restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth). 

19. If for any reason any aspect of this Promotion is not capable of running as planned, including by reason of computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any cause beyond the control of the Promoter, the Promoter may in its sole discretion cancel, terminate, modify or suspend the Promotion and invalidate any affected entries, or suspend or modify a prize, subject to State or Territory regulation. 

20. The Promoter reserves the right, at any time, to validate and check the authenticity of entries and entrant's details (including an entrant's identity, age and place of residence). In the event that a winner cannot provide suitable proof as required by the Promoter to validate their entry, the winner will forfeit the prize in whole and no substitute will be offered. Incomplete, indecipherable, inaudible, incorrect and illegible entries, as applicable, will at the Promoter's discretion be deemed invalid and not eligible to win. Entries containing offensive or defamatory comments, or which breach any law or infringe any third party rights, including intellectual property rights, are not eligible to win. The use of any automated entry software or any other mechanical or electronic means that allows an individual to automatically enter repeatedly is prohibited and may render all entries submitted by that individual invalid. 

21. The Promoter reserves the right to disqualify entries in the event of non-compliance with these Conditions of Entry. In the event that there is a dispute concerning the conduct of the Promotion or claiming a prize, the Promoter will resolve the dispute in direct consultation with the entrant. If the dispute cannot be resolved the Promoter’s decision will be final. 

22. The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person's negligence or wilful misconduct) in connection with this Promotion or accepting or using any prize (or recommendation). For the sake of clarity, this clause shall not apply where the Promoter has contributed to or caused such loss, expense, damage, personal injury or death and shall not apply to any liability which cannot be excluded by law (in each case the Promoter’s liability is limited to the minimum allowable by law). 

23. The winners will participate in and co-operate as required with all reasonable marketing and editorial activities relating to the Promotion, including (but not limited to) being recorded, photographed, filmed or interviewed and acknowledges that the Promoter may use any such marketing and editorial material without further reference or compensation to them. 

24. The Promoter accepts no responsibility for any tax implications and the entrant must seek their own independent financial advice in regards to the tax implications relating to the prize or acceptance of the prize. 

25. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of these rights. 

26. Authorised under: ACT Permit No. TP 24/00745 and SA Permit No. T24/591.