Terms & Conditions


 

Introduction

The following terms and conditions (“Terms of Use”) govern your use of our Websites and apply when you purchase products on our Websites, including gift cards and e-gift cards (“Merchandise”), from L’Occitane.  Your continued use of the Websites constitutes your agreement to follow and be bound by the Terms of Use (the “Agreement”).  By placing an order for Merchandise through usa.loccitane.com or any L’Occitane-owned or affiliated Internet sites, including but not limited to usa.Erborian.com and usa.lecouventdesminimes.com, mobile sites, or mobile applications (collectively our “Websites”), accessed via a user’s computer, mobile, e-reader, tablet or other device (“Device”) used to access the online services, and applications and websites affiliated with L’Occitane goods and services (collectively, the “Online Services”) or by phone, you accept these Terms of Use and agree to be bound by them.  The Websites are provided as a service to our customers.

PLEASE BE INFORMED THAT THIS AGREEMENT CONTAINS AN ARBITRATION REQUIREMENT AND WAIVER OF RIGHT TO BRING CLASS ACTIONS (see below).

 YOUR USE OF THE WEBSITE CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THE AGREEMENT. WE RESERVE THE RIGHT TO UPDATE OR MODIFY THIS AGREEMENT AT ANY TIME WITHOUT PRIOR NOTICE. FOR THIS REASON, WE ENCOURAGE YOU TO REVIEW THE AGREEMENT WHENEVER YOU USE THE WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SITES.

If you have any questions about any aspect of your order, please contact our Customer Service department by sending us a message through the Contact Us tab that is accessible via the HELP AND CONTACT link on our Websites or call +(1)888-623-2880. 

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Order Acceptance and Billing

Orders are subject to verification and acceptance before shipping. All billing information provided must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms of Use and may result in cancellation of your order. Prior to accepting an order, L’Occitane reserves the right to request additional information from you to verify your identity and validate the billing information to process your order. 

We reserve the right to refuse or cancel an order for any reason, including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud prevention department. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. L’Occitane may request a pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.

By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) of Merchandise. You will not be charged for most orders until the order has shipped, however, you will be charged at the time your order is placed for orders paid for with a gift or e-gift card (collectively, “Gift Card”), PayPal account, and Amazon Payment. Orders placed using PayPal, Amazon Payments, and e-gift card cannot be modified.  However, if you need to modify an order that you paid for with funds through PayPal or Amazon Payments, please contact customer service to cancel the existing order and place a new one.

L’Occitane reserves the right in its sole discretion to limit the quantity of Merchandise items purchased per person, per household, per email address, per IP address or per order for any reason. These restrictions may apply to orders placed by the same account, the same credit card, and also to orders that use the same billing, email, IP and/or shipping address. We will notify you should such limits be applied. 

 

Please note that while we have tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.

L’Occitane reserves the right to refuse or cancel any order for any reason, including, but not limited to, the following situations:

Error in Billing, Payment or Shipping Information
Some orders cannot be processed due to an error in information you have provided, which includes, but is not limited to:
o an incorrect credit card or debit card number, expiration date and/or card security value, or information regarding other payment types;
o incorrect billing information (for example, if the billing information you provide is different from information your financial institution has on record);
o an insufficient or incorrect shipping address (including street address, city, state, zip or postal code);
o or any suspected fraudulent information.

Errors, Inaccuracies, and Omissions

Occasionally, there may be information on our Websites that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Websites is inaccurate at any time without prior notice (including after you have submitted your order).

 

Merchandise Shipping Delay or Unavailability
If an item of Merchandise is delayed out of our distribution center or becomes unavailable, or if there is an error on our Websites relating to the order (for example, an error relating to the price or description of Merchandise), L’Occitane may cancel the order. If this occurs we will contact you so you are aware.

Reshipping of Merchandise
The Merchandise sold on our Websites is intended for personal use only, not for resale. Any suspected resale of our Merchandise for personal or business profit is strictly prohibited. We will not accept and reserve the right to cancel orders that appear to be for resale purposes. Any orders found to have characteristics of reselling, such as large quantities, frequent orders, orders by dealers or resellers or the use of freight forwarding, may be cancelled in the sole discretion of L’Occitane, and L’Occitane shall have the right to cancel all subsequent orders from any such customers. For purposes of this Agreement, reselling shall be defined as purchasing or intending to purchase any Merchandise from L’Occitane for the purpose of engaging in a commercial sale of that same Merchandise with a third party. 

Previous Fraudulent Order History
L’Occitane may refuse to accept any order for Merchandise if fraudulent activity is suspected and may refuse to process subsequent orders from customers with a previous fraudulent order history. We also may refuse any orders connected with a previous credit card dispute.

If L’Occitane rejects your order because of an error in pricing or other information about the Merchandise, we will notify you at the email address you provided and ask you whether you would like to re-submit your order to purchase the relevant Merchandise once the information in the order is validated. If we do not receive a response from you within seven days, L’Occitane may cancel the order.

 


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Pricing and Payment Policy

Pricing for Merchandise may be different on our Websites or from prices available in our stores or through our wholesale partners. Merchandise displayed on our Websites is available while supplies last and may be different from products offered in our retail stores. The prices displayed on our Websites are quoted in US dollars and are valid only on the US mainland. L’Occitane reserves the right to update and make corrections to information on our Websites at any time and without warning and will not be held liable for any inaccurate information or for any information that has been omitted from our Websites. Price and availability information are subject to change without notice. In the event that a product is listed at an incorrect price, we shall have the right to refuse or cancel orders placed for the product listed at the incorrect price. 

Acceptable Forms of Payment: Visa, MasterCard, Discover, American Express, Amazon Payment and Pay Pal. 

Gift Cards are available for purchase online in any increments of $25, $50 or $100. For more information or to purchase, click here

Gift Cards may be redeemed online and at any L’Occitane boutique. Gift Cards also may be redeemed by telephone order (1-888-623-2880). 

When you purchase Gift Cards, regular shipping charges are added as well as sales tax, if applicable. 

Sales tax is collected on total Merchandise orders delivered to: AL, AZ, CA, CO, CT, DC, FL, GA, HI, IL, IN, KS, KY, LA, ME, MA, MD, MI, MN, MO, NE, NC, NJ, NY, NV, OH, PA, RI, SC, TN, TX, VA, WA, WI.

 

Some states also require us to collect sales tax on shipping charges for Merchandise delivered to: CO, CT, DC, FL, GA, HI, IL, IN, KS, KY, MI, MN, MO, NE, NC, NJ, NM, NY, OH, PA, RI, SC, TN, TX, WA, WI.

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Promotional Codes

Occasionally, L’Occitane offers promotions through e-mails, catalogs, mailings and advertisements. Once you sign up and agree to receive promotional materials from L’Occitane, you will receive e-mail promotions and offers that may include special codes for free shipping or other discount offers. To sign up for our promotions, please visit our Email Signup page

By using our Websites, you acknowledge and agree that excessive abuse or misuse of promotional codes and other promotions may result in cancellation of the order or item. In order to allow fair redemption and distribution of promotions to our registered clients, L’Occitane may restrict redemption to one per person, per household, per email, per IP address or per order for any reason. Promotional codes are limited in nature and may expire or discontinue with or without notice. Promotional codes may not be copied, sold, or otherwise shared. They are not redeemable for cash and are subject to cancellation or change at any time for any reason.

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Shipping Policy

Standard shipping generally is free with all orders of $49 or more!  Occasionally, L’Occitane offers promotions that feature free shipping with no or a lower minimum purchase requirement.  L’OCCITANE reserves the right to modify its shipping policy at any time, without advance notice. 

Purchases are shipped from our warehouse in New Jersey and are scheduled arrive within 2 - 10 business days from receipt of your order. For an additional charge per address, we can expedite delivery by Federal Express to most destinations in 4 business days (processing time included).

Shipping Rates & Options:

METHOD COST ORDER ARRIVAL
Standard, 48 states
(FedEx/USPS)
$4.95 2 - 6 Business Days
Standard – PO Box / APO /FPO
(SmartPost)
$4.95 5 - 7 Business Days
(APO/FPO orders can take up to 4 weeks)
Express, 48 states (FedEx)
*excludes Alaska, Hawaii & Puerto Rico
$17.99 4 Business Days (Processing time included)
Overnight (FedEx)
*excludes Alaska, Hawaii & Puerto Rico
$27.99 2 Business Day (Processing time included)
Standard for Alaska, Hawaii and Puerto Rico
FedEx (if available)
$17.99 7 - 10 Business Days

Standard Delivery
FedEx/USPS Ground will deliver your package within 5 - 10 business days from receipt of your order. Most of the orders shipped with Standard FedEx/USPS Ground option on the East Coast can be expected sooner (within 2 - 4 business days). To determine when your package will arrive, please determine the number of Shipping Days to your location from the map below and add two additional days for order processing.


Standard Delivery - PO Box / APO / FPO Delivery

We are able to deliver to PO Boxes, APO and FPO Addresses through SmartPost: a joint partnership between FedEx and the USPS. Packages are initially handled by FedEx and then are taken to their final destination by the USPS. Please note that this service may be tracked up to the point that the USPS assumes the delivery and not beyond that point. Please add a few extra days for delivery to PO Boxes, APO and FPO Addresses plus two additional days for order processing.


Express Delivery

For an additional fee, we will provide Express Delivery by Federal Express to most destinations. (Orders received by 3 p.m. ET Monday through Thursday arrive in two to three business days; orders placed Friday and Saturday will arrive on the following Wednesday or later.)


Overnight Delivery
For an additional fee, we will provide Overnight Delivery by Federal Express to most destinations. If you have questions about the availability of overnight delivery to your shipping location, please check with customer service. (Orders received by 3 p.m. ET Monday through Thursday arrive in two business days; orders placed Friday and Saturday will arrive on the following Tuesday.)


Hazardous Materials
Certain items considered Hazardous Materials (HAZMAT), which include alcohol-based products (e.g., perfumes, etc.), are required by the U.S. Department of Transportation to be shipped by ground-only transport due to air transport restrictions and regulations.

Federal Express and United States Postal Service have been selected as our premier delivery services. However, some packages may be delivered by an alternative carrier. For more information, please call our order department at (888) 623-2880.


International Orders:
We now accept orders with International billing addresses from certain countries. Please visit the checkout process to see if your country is included. If you wish to ship an order internationally, please review our international portal at www.loccitane.com for a list of countries that accept eCommerce orders.

 

Out of Stock Items:
We apologize for the inconvenience this may cause. If your item is out of stock, we will contact you to discuss how you would like the order handled. L’Occitane does not back order.

 

Shipping Promotions:
Free Shipping promotions do not apply to Alaska, Hawaii or Puerto Rico.

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Returns Policy

Last updated: 08/24/2016



L’OCCITANE creates every product with care and passion. Should you choose to return a product within 30 days of purchase, we will happily refund the purchase price to the credit card used for the purchase if the Merchandise is returned to one of our retail boutiques.  Items purchased with cash may only be exchanged or a store credit will be issued. There are no cash refunds.  Returns or exchanges of opened products are at the store manager’s discretion.

  

Purchases of Merchandise made through the L’Occitane website, usa.loccitane.com, can be returned by mail or at any of our retail locations, and must be unopened and in sellable condition.  Gently-used Merchandise may be returned for store credit only.

  

After 30 days, and up until 60 days following the date of purchase, we will only issue a store credit or even exchange for any unopened Merchandise in sellable condition.  Merchandise may not be returned or exchanged more than 60 days after its purchase date.

 

Please note that all items purchased on SALE are final and cannot be returned, exchanged or refunded in store or online regardless of purchase date.

All returns and exchanges must include the original receipt.

Only applicable for purchases made in a L’OCCITANE boutique in the USA or on usa.loccitane.com. Exchanges are not eligible for any past or ongoing promotions.

If you believe you were overcharged for an item, notify a store associate or call toll free 1-888-623-2880, and we will refund any difference between the price charged and correct retail price. 

A written copy of this policy can be provided upon request. L’OCCITANE reserves the right to modify its return, refund and exchange policy at any time, without notice. 

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Product Testimonials

L’Occitane welcomes feedback on your experience with our merchandise. We will publish on our Website both positive and negative comments, so long as the comments, reviews or testimonials (collectively, “Testimonials”) are accurate, constructive and not misleading. If you submit Testimonials that we do not publish on our Website, our customer service department may contact you in order to improve our product quality and service. We also reserve the right to edit all Testimonials for length, spelling, grammar, or for any other reason in our sole discretion so long as the meaning of the Testimonial is not materially altered. By submitting a Testimonial to L’Occitane, you hereby grant to L’Occitane the unrestricted right to use your Testimonial in perpetuity, through any and all media formats and media channels now known or hereinafter developed, without compensation, and to identify the source of the Testimonial by indicating your first name, last initial, city and/or state. Thank you for taking the time to share your thoughts with other L’Occitane customers.

VIP Policy

Information that you provide to enroll in the L’OCCITANE VIP program will be used in accordance with our privacy policy available at http://usa.loccitane.com/terms-conditions,82,1,29772,269379.htm#9here.

Gift Card Policy

L’Occitane gift cards may be redeemed for Merchandise only at any L’OCCITANE boutique, online at usa.loccitane.com or by calling toll free 1-888-623-2880.  They are not redeemable for cash unless required by law. The balance can be checked by calling 1-866-794-4839. 

Register your card to protect it, at https://wwws.givex.com/cws/loccitane/consumer/main/home.py, should it be lost or stolen, and check your balance, the remaining balance on lost or stolen registered gift cards may be replaced. The balance on an unregistered card cannot be replaced if lost or stolen.

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Intellectual Property

All copyrights, trademarks, trade dress, other intellectual property and materials, including page headers, images, text, illustrations, formats, logos, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials on our Website (collectively, the “IP”) are owned, controlled or licensed by L’Occitane, one of its affiliates or by third parties who have licensed their materials to L’Occitane and are protected by U.S. and international trademark and copyright laws. You may access, view, download, and print the IP and all other materials displayed on our Website for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark or other proprietary designations contained on all IP; (2) do not modify or alter the IP in any way; and (3) do not provide or make available the IP to any third party in a commercial manner. No license, right, title, or interest in any materials or software is transferred to you as a result of your use of our Website or your accessing, viewing, downloading, or printing of the IP. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the IP, our Website or any related software. All software used on our Website is the property of L’Occitane or its suppliers and protected by U.S. and international copyright laws. The IP and software on our Website may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the IP on our Website is strictly prohibited. The compilation (meaning the collection, arrangement, and assembly) of all IP on our Website is the exclusive property of L’Occitane and is also protected by U.S. and international copyright laws.

The trademark and service mark L’OCCITANE, the LOccitane.com domain name and all other graphics, logos, page headers, button icons, scripts, and service names included in or made available through any of our Website are trademarks or trade dress or otherwise the exclusive property of L’Occitane in the United States and other countries.

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Privacy

Last Updated: 08/24/2016

E-Gift Cards

  1. General Terms
    L'Occitane eGift Cards are distributed by CashStar, Inc., a Delaware corporation ("CashStar"). By visiting loccitane.cashstar.com, you agree that the laws of the State of Maine, without regard to principles of conflict of laws, will govern these eGift Card terms and conditions ("Ts & Cs"). L'Occitane  and CashStar reserve the right to change these Ts & Cs from time to time in its discretion. Please refer to usa.loccitane.com for additional Terms and Conditions.
  2. Returns
    You may not return or cancel your L'Occitane eGift Card after it an order is processed. Purchasers who wish to cancel an eGift Card order purchased prior to its delivery to a recipient should contact Customer Support.
  3. Lost or Stolen eGift Cards
    If you suspect that someone has copied or stolen your eGift Card, contact Customer Support immediately. Lost or stolen eGift Cards will not be replaced without proof of purchase. eGift Cards have cash value and should be safeguarded accordingly.
  4. Limitations
    The maximum value that can be associated with any one eGift Card is five hundred dollars ($500.00), and total purchases for any one individual may not exceed ten thousand dollars ($10,000.00) in one calendar day. You may not use an eGift Card to purchase other eGift Cards.
    eGift Cards cannot be reloaded[RPJ3] , resold, transferred for value, or redeemed for cash, except to the extent required by law. Void if reloaded, resold, transferred for value, or redeemed for cash.
  5. Promotional Codes
    Please note: The purchase value of eGift Cards does not apply to promotional offers.
  6. Our Policies
    Information that you provide when purchasing an eGift Card is subject to CashStar's Privacy Policy. CashStar and L'Occitane may provide eGift Card purchasers with information about the redemption status of eGift Cards.
  7. Risk of Loss
    Ownership and risk of loss of eGift Cards passes to the purchaser as soon as the purchaser receives confirmation of the purchase. L’Occitane and CashStart are not responsible for lost or stolen eGift Cards. If you have any questions, please see the FAQs.
  8. L'Occitane eGift Card Customer Service
    If you need assistance with any aspect of your purchase, ownership, or use of your eGift Card, please contact Customer Support. Please refer to your order number, or be ready to supply your email address.
  9. Payment Methods
    L'Occitane eGift Cards may be paid for with a valid VISA, MasterCard, Discover, American Express card, or with PayPal.  Please note that PayPay may impose fees for purchases through its service. 
  10. Delivery Information and Requirements for eGift Card Purchasers
    All orders of eGift Cards are subject to a process that compares purchaser information provided on the Web sites with information about the purchaser provided by the purchaser's financial institution. If there is a discrepancy, your eGift Card order may be delayed until it can be corrected.
    If you have concerns about your order, please contact Customer Support. Please refer to your order number, or be ready to supply your email address.
    We are not responsible for eGift Cards that are undeliverable or not received due to your failure to enter an accurate email address for the recipient. Please check to make sure the email address of the recipient is correct and contact Customer Support if you suspect the recipient did not receive his/her eGift Card. Should an email be returned to us due to inaccurate delivery information for the recipient, we will attempt to contact you for a valid email address.
  11. Reasons for Failed Delivery
    eGift Cards are delivered via email. If you have confirmed the recipient's email address but the eGift Card has not been viewed within a reasonable period after the requested delivery date, following is a list of the most common reasons why delivery may have failed:
    1. Spam filter blocked email or routed it to a bulk/spam folder
    2. Recipient's firewall blocked the email
    3. Email inbox is over size limit
    4. Invalid email address

 

  1. eGift Cards
    L'Occitane eGift Cards are redeemable for merchandise at L'Occitane store locations in the US and online at usa.loccitane.com.
    L'Occitane eGift Cards are available for purchase at https://loccitane.cashstar.com/ .
    No fees of any kind will be imposed on purchasers or recipients of eGift Cards.
  2. Redemption
    Refer to https://loccitane.cashstar.com/about/terms_and_conditions/ or Terms and Conditions of redemption.
  3. View Your Balance
    To view your eGift Card balance, go to http://usa.loccitane.com/help-and-contact,82,1,53508,452837.htm or call Customer Support 1-888-623-2880.

 

If a spam filter is blocking loccitanegiftcards@cashstar.com emails from getting to an inbox, the email options will need to be modified so that loccitanegiftcards@cashstar.com emails are not considered spam.
If you need further assistance, contact Customer Support. Please refer to your order number, or be ready to supply your email address.

 

  1. Personalized Messaging
    If you wish to add a personal message to an eGift Card, simply type your message in the Message field during the purchase process.
    Personal messages are limited in length to the space provided on the eGift Card, or to the space provided on the presentation carrier of a physical Gift Card.
    There is no additional charge to include a personalized message.
    If we find inappropriate, offensive or otherwise objectionable messages, we reserve the right to cancel them. Thanks for your cooperation.
  2. Uploaded Images
    You may upload your own image for display on an eGift Card. This feature is not available for physical eGift Cards at this time.
    There is no additional charge to include your own image.
    We reserve the right to reject or replace inappropriate, offensive, or otherwise objectionable images.
    We reserve the right to reject or replace images that infringe upon third party trademarks or copyrights or that are otherwise deemed in our sole discretion to violate the law.
  3. Limitation of Liability
    CASHSTAR AND ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EGIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IF AN EGIFT CARD CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH EGIFT CARD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS THE FOREGOING PROVISION REGARDING THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES DOES NOT APPLY TO NEW JERSEY RESIDENTS..
  4. Disputes
    You hereby consent that any dispute primarily arising from these Ts & Cs or the use of L'Occitane eGift Cards shall be adjudicated in Cumberland County, Maine if the aggregate total claim for relief exceeds $7,500, and you consent to exclusive jurisdiction and venue in such courts.

 

L'Occitane eGift Card, powered by CashStar

 

FLAMMABLE LIQUIDS

 

If you are returning flammable liquids, such as fragrance items, you may only mail these items via surface transportation in accordance with USPS Publication 52, section 343. Full responsibility rests with you to comply with all postal and non-postal statutes and regulations regarding mail. Information regarding postal statutes, regulations, and mailing requirements is available from your local Postmaster or district manager, Business Mail Entry, and at the Postal Service’s mailing standards website at www.usps.com

Need Help?
Call 1-888-623-2880
 

 

Comments, Feedback and Other Submissions

 

L’Occitane welcomes feedback on your experience with our Merchandise and thanks you for taking the time to share your thoughts with other L’Occitane customers. We will publish comments our Websites, so long as the comments, reviews or testimonials (collectively, “Testimonials”) are accurate, constructive and not misleading. If you submit Testimonials that we do not publish on our Websites, our customer service department may contact you in order to improve our product quality and service. We also reserve the right to edit all Testimonials for length, spelling, grammar, or for any other reason in our sole discretion so long as the meaning of the Testimonial is not materially altered. By submitting a Testimonial to L’Occitane, you hereby grant to L’Occitane the unrestricted right to use your Testimonial in perpetuity, through any and all media formats and media channels now known or hereinafter developed, without compensation, and to identify the source of the Testimonial by indicating your first name, last initial, city and/or state.

 

While we welcome your comments and feedback regarding our Websites, our products and our services, we do not, however, accept confidential or proprietary information. Accordingly, all comments, feedback, ideas, suggestions, materials, information and other submissions disclosed, submitted or offered to L’Occitane using these Websites or otherwise (collectively, “Comments”) are not confidential and will become and remain L’Occitane's property. The disclosure, submission or offer of any Comments will constitute an assignment to L’Occitane of all worldwide rights, titles and interests and goodwill in the Comments without payment of any compensation. Comments submitted by you must not violate any right of any third party, and must not contain any libelous, abusive, obscene or otherwise unlawful material.

 

Intellectual Property

 

All copyrights, trademarks, trade dress, other intellectual property and materials, including page headers, images, text, illustrations, formats, logos, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials on our Websites (collectively, the “IP”) are owned, controlled or licensed by L’Occitane, one of its affiliates or by third parties who have licensed their materials to L’Occitane and are protected by U.S. and international trademark and copyright laws. You may access, view, download, and print the IP and all other materials displayed on our Websites for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark or other proprietary designations contained on all IP; (2) do not modify or alter the IP in any way; and (3) do not provide or make available the IP to any third party in a commercial manner. No license, right, title, or interest in any materials or software is transferred to you as a result of your use of our Websites or your accessing, viewing, downloading, or printing of the IP. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the IP, our Websites or any related software. All software used on our Websites is the property of L’Occitane or its suppliers and protected by U.S. and international copyright laws. The IP and software on our Websites may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the IP on our Websites is strictly prohibited. The compilation (meaning the collection, arrangement, and assembly) of all IP on our Websites is the exclusive property of L’Occitane and is also protected by U.S. and international copyright laws. 

The trademark and service mark L’OCCITANE, the domain names associated with the Websites and all other graphics, logos, page headers, button icons, scripts, trademarks and service marks included in or made available through any of our Websites are trademarks or trade dress or otherwise the exclusive property of L’Occitane in the United States and other countries.

 

 

Right to Change Websites

 

We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue the Websites or any service, content, feature or product offered through the Websites, with or without notice; charge fees in connection with the use of the Websites; modify and/or waive any fees charged in connection with the Websites; and/or offer opportunities to some or all users of the Websites. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Websites, or any service, content, feature or product offered through the Websites. 


Links to Other Websites and Services

 

The Websites may include links to other Internet sites maintained by third parties (“Linked Websites”).  L’Occitane provides Linked Websites to you solely as a convenience.  L’Occitane has no responsibility for the Linked Websites, and the inclusion of Linked Websites does not imply endorsement by L’Occitane of the Linked Websites. You access Linked Websites at your own risk and by accessing them you leave the Websites. Linked Websites are not under the control of L’Occitane, and your activities may be governed by other terms and conditions and privacy policies. L’Occitane is not responsible for the contents of any Linked Site.

 

 

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Indemnification

You agree to defend, indemnify, and hold harmless L’Occitane and its affiliates from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, due to your use of our Websites in violation of this Agreement or any breach by you of the Terms of Use. This provision does not apply to New Jersey residents.

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Dispute Resolution and Arbitration Agreement

Informal Dispute Resolution.

Notwithstanding anything to the contrary above, with the significant costs arising from legal disputes, not only in dollars but also in time and energy, both you and L’Occitane agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Websites, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it (“Dispute”), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notices shall be sent

 

(1) to L’Occitane at: L’Occitane Inc., Legal Department, 1430 Broadway, 2nd Floor

New York, NY 10018, or 


(2) to you at: your last-used billing address or the billing and/or shipping address in your online profile.

Both you and L’Occitane agree that this dispute resolution procedure is a condition precedent that must be satisfied prior to initiating any arbitration or filing any claim against the other party.


Arbitration Agreement

To the extent you cannot resolve any Dispute through the informal dispute resolution procedure described above, a Dispute shall be resolved through binding individual arbitration (“Arbitration Agreement”). You agree to give up your right to go to court to assert or defend your rights under this Agreement and with respect to any Dispute. You and L’Occitane expressly delegate to the arbitrator the authority to determine the arbitrability of any Dispute, including the scope, applicability, validity, and enforceability of this arbitration provision.

 

You may begin an arbitration proceeding by sending a letter requesting arbitration to L’Occitane, Attn: Legal Dep’t, 1430 Broadway, 2nd Floor New York, NY 10018. You agree that the arbitration shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the Dispute, the parties shall agree to another arbitration provider. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s applicable rules. L’Occitane will reimburse those fees for claims totaling less than $10,000. L’Occitane. waives its right to seek attorneys’ fees and costs in arbitration. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually-agreed location.

 

This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act. The terms of the Arbitration Agreement provisions shall survive after this Agreement terminates or your use of the Websites ends.

 

In lieu of arbitration, either you or L’Occitane may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim.

 

Waiver of Right to Bring Class Actions and Representative Claims. All arbitrations shall proceed on an individual basis, and not on a consolidated, representative or collective action basis. The arbitrator is empowered to resolve the Dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other customer. You and L’Occitane agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you and L’Occitane hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.

 

Termination

With the exception of the Arbitration Agreement, which shall survive the termination of these terms, this Agreement and the Terms of Use shall remain effective unless and until terminated by either you or L’Occitane. You may terminate this Agreement at any time. L’Occitane also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Websites, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.

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Limitation of Liability

OUR WEBSITES ARE PROVIDED BY L’OCCITANE ON AN “AS IS” AND “AS AVAILABLE” BASIS. L’OCCITANE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR WEBSITES. YOU ACKNOWLEDGE, BY YOUR USE OF OUR WEBSITES, THAT YOUR USE OF OUR WEBSITES IS AT YOUR SOLE RISK. L’OCCITANE DOES NOT WARRANT THAT YOUR USE OF THE WEBSITES WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THE WEBSITES OR THE SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.

 

YOUR USE OF THE WEBSITES IS AT YOUR OWN RISK. NEITHER L’OCCITANE NOR ITS AFFILIATED OR RELATED ENTITIES OR ITS VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE ANY OF THE WEBSITES. L’OCCITANE IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE WEBSITES OR ANY MATERIALS ON THE WEBSITES, OR WITH ANY OF L’OCCITANE’S TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITES.

 

This provision does not apply to New Jersey residents.

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General

The foregoing Terms of Use govern all transactions between you and L’Occitane through our Websites and supersede all prior agreements and representations. Headings are for reference purposes only and in no way define or limit the scope of the section. The failure of L’Occitane to act with respect to a breach of the Terms of Use by you or others does not constitute a waiver and shall not limit L’Occitane’s rights with respect to such breach or any subsequent breaches. This Agreement shall be governed by the laws of the State of New York without regard to principles of conflict of laws, except for the Arbitration Agreement above, which shall be governed by the Federal Arbitration Act. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of L’Occitane’s right to require strict observance of each of the terms herein. This Agreement constitutes the entire agreement between us relating to your use of the Websites.