TERMS AND CONDITIONS - L'OCCITANE KUWAIT
USE OF THE L'OCCITANE KUWAIT WEBSITE www.kw.loccitane.com AND MOBILE APPLICATIONS (available for Android and IOS) (altogether the “Website”).
The Website is operated by or on behalf of Habchi & Chalhoub Trading W.L.L, trading as L’Occitane, a limited liability company with registered company number 203385, whose registered address is at PO Box 21074 - SAFAT - KUWAIT. (“L’Occitane”, “us”, “we”, “ours”).
The Website is provided to you for your personal use subject to these terms and conditions (the “Terms and Conditions”).
By using the Website you agree to be bound by these Terms and Conditions.
These Terms and Conditions apply to all products supplied by L'Occitane.
You are either at least 18 years of age or are accessing the Website under the supervision of a parent or legal guardian.
We grant you a non-transferable and revocable license to use the Website, under the Terms and Conditions described, for the purpose of shopping for personal items sold on the Website. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. Any breach of these Terms and Conditions shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Certain services and related features that may be made available on the Website may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the Website is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. The Website shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
ORDERS FOR THE PRODUCTS
The products are subject to availability. If, for any reason beyond our reasonable control, we are unable to supply a particular item, we will inform you as soon as possible, and refund or re-credit you for any sum that has been paid by you or debited from your credit card for the products, unless you wish to accept substitute products of equivalent quality and price.
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 any other problem identified by us.
The products are not intended for resale.
By confirming your purchase at the end of the checkout process, you agree to accept and pay the full amount payable for the product(s) as indicated during the order process, including any shipping costs or charges incurred with that order.
PRICES AND PAYMENT POLICY
The price of the products and delivery charges are shown in Kuwaiti Dinar
We accept the following forms of payment:
- credit/debit card: VISA, MASTERCARD, and AMEX and,
- cash on delivery in Kuwait currency.
All credit/debit card payments are subject to validation by the issuer. If the issuer of your card refuses to authorize payment, we will cancel your order and contact you for an alternative method of payment.
The details on your credit/debit card used to make the payment shall exactly match the ID information of the cardholder.
All credit/debit cards’ details will not be stored, sold, shared, rented or leased to any third parties.
Rest assured your card number will be protected using SSL (Secure Socket Layer) certificate. We guarantee a safe
shopping experience on our site.
VALUE ADDED TAX (VAT)
The prices include VAT applicable on the day of your order. Any change in the applicable VAT rate will be automatically reflected in the price of products sold by L'Occitane within its Website.
This website delivers to Kuwait only.
If there is no one at the address given who is able and competent to accept delivery of the products, you will have the option to arrange for an alternative delivery date or be given additional information about the collection of the products.
Standard delivery: Order before 5pm for next day delivery. Orders placed after 5pm will be delivered in 2 days.
Standard delivery is 2.5 KWD and delivery is free for orders over 25 KWD. Cash on delivery is charged is charged at 1.5 KWD
Points will be credited to your online statement within 30 days. To check your statement, download the MUSE App from the App Store or Google Play.
Muse Thank You Campaign: Promotional codes are individual codes valid for one time use only.
In case of missing Points, please contact MUSE Concierge on 800 888 777.
Currently, Points can be redeemed in store only. Other MUSE T&C’s apply.
For further information on the programme, FAQ’s and T&C’s – please visit: experience-muse.com
It is L'OCCITANE's intention to satisfy its customers.
Please note due to health and safety we do not provide returns or exchanges on our products. A return and refund will only be considered if the item(s) are deemed faulty. Please contact our customer care team for refund enquiries.
Please note that we cannot offer exchanges on any opened or used products.
At the time of delivery, you may refuse the entire order only and return it in its entirety.
All products are quality controlled and checked for any faults before they are dispatched to you. Should you receive a product that is faulty please contact us immediately.
Products are classified as faulty if they are received damaged, or where a concealed manufacturing default appears within one (1) month of the date of purchase. Please note that products that are damaged as a result of wear and tear, neglect, abuse, improper maintenance or other causes attributable to you are not considered to be faulty.
In respect of defective products, you will have the following options, in L’Occitane’s stores in Kuwait only:
- To replace the product, or
- To request the product to be repaired, if this option is available in respect of the defective product, or
- To receive a full refund in respect of the defective product.
For faulty products, cancelled or returned orders refunds will be made by the method payment was received. If the initial payment was made by credit/debit card, we will re-credit your credit/debit card within (14) days.
Please note that refunds processed through Mada may take up to (44) days to reflect in your account.
All other payment methods will take up to (14) days
For cash on delivery orders, customer service will contact you to obtain your bank account details in order to transfer the funds to your account
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 the Kuwait 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) do not modify or alter the IP in any way; and (2) do not provide or make available the IP to any third party in a commercial manner. You will not acquire any copyright, trademark or other proprietary designations whatsoever contained on all IP. 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 Kuwait 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 Kuwait 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 Kuwait and other countries.
PRIVACY AND COOKIE POLICY
PRIVACY AND SECURITY
We, Allied Enterprises L.L.C, a limited liability company duly organized under the laws of the Kuwait, under the Commercial License number 203385, whose registered address is at PO Box 30069, Dubai, United Arab Emirates and whose paid share capital is 200,000,000.00 United Emirates Arabic Dirhams (“we”, “us”, “ours”) respect the privacy of all of our users and are committed to protecting information collected through the Website.
Personal information about you may be collected in several ways when you use the Website or any Services.
We provide this statement and our Cookies Policy ("Privacy Policy") to help you to understand what we may do with any personal information that we obtain from you.
This Privacy Policy does not govern our collection or use of data about you through channels other than the Website.
Please exit the Website immediately if you are accessing the Website in a country or other territory where use of
the Website is not permitted.
1 - What categories of Personal Information do we collect?
The Website collects certain information when you interact with it, for example, the Website may collect
"Personal Information", which is any information that can be used to identify,
directly or indirectly, an individual. The Website may also collect data that does not identify you
specifically. The following is a list of Personal Information that we may collect and process about you:
- Information that you provide by filling out forms on the Website, including when you register, subscribe to any Services including but not limited to interactive services (such as blogs, chat rooms, message boards, or other user forums); enter a competition or promotion, complete a survey or report a problem with the Website: identification data, contact information, postal address, email address;
- Your correct date of birth, which we may require that you submit accurately to ensure that you do not access the Website if you are not of a legal age to purchase products offered for sale on the Website;
- Any information you may provide when you contact us or send us a correspondence;
- Information necessary to process an order which is placed with us: your name, email address, phone numbers, home address, shipping and credit/debit card billing address(es);
- Details of any transactions you carry out through the Website, including the placement of any orders by you: payment information (for example credit card details, or other payment details which you must provide to receive products you have ordered from us), connection data and your taste and preferences; and
- Details of your visits to the Website including, but not limited to, your computer's IP address, password information, page interaction information, traffic data, location data, weblogs, and other data about the resources that you access.
You can access and review your Personal Information in the My Account section of the Website.
If your Personal Information changes in any way or is incorrectly presented on the Website you should immediately
update or correct your Personal Information (as applicable) by accessing the My Account section on the Website
or, alternatively, by contacting our Customer Service as detailed in Section 8 below.
2 - For which purposes do we use your Personal Information?
We collect the above mentioned Personal Information for the following purposes:
- For the performance of a contract to which the data subject is party:
- to allow us to process your orders and payment, let you know the status of your order,
- to manage your account and to serve your requests in general,
- On the basis of the data subject's consent:
- to send you our newsletters as well as details of our products, special offers or promotional offers that may be of interest to you,
- For the purposes of the legitimate interests pursued by us:
- to improve our understanding of your interests and concerns, to improve our understanding of your use of our products, for our internal marketing and demographic studies: we may use your information to make our Website design and products/services better, as we believe that it is also in our legitimate interest to better serve you and respond to your needs.
- for security purposes: we may use information to protect our company, our clients, and our Website against fraud, theft or any wrongdoing which may affect our activity as it is our legitimate interest to ensure the security of our activity.
3 - Who do we share your Personal Information with?
Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which
may keep a record of that information as permitted by applicable law.
Personal Information may also be shared with other trading divisions within our group of companies, on a need-to-know basis, for the above-mentioned purposes.
Please be aware that if we are requested by any regulatory or government authority investigating any suspected activity to provide your Personal Information, we will be entitled to do so as permitted by applicable law.
We may also disclose your Personal Information onto our carefully selected business partners or to our affiliated companies to enable them to send you information which may be of interest to you, subject to your consent.
If you do not want to receive such information anymore, you can just click on the “UNSUBSCRIBE” link
in our emails, or set up your preferences in your My Account section or simply contact our Customer Service as
detailed in Section 8 below and they will assist you in this respect.
From time to time we may disclose Personal Information on a need-to-know basis:
- To our service providers and subcontractors, including our affiliates, retained to perform functions on our behalf or to provide services to us, such as warehousing and delivery; marketing and advertising; data processing; software development; website hosting and management; information technology and office services; legal, accounting, audit and other third party service providers; and further provided such service provider does not collect, use or disclose the personal information for any purpose other than to perform such functions or to provide services to us or as otherwise required by law;
- To any prospective seller or buyer of our business or assets;
- If we are under a duty to disclose or share your personal data in order to enforce or apply the Terms and Conditions of our Website and other agreements, to permit us to pursue available remedies or limit the damages that we may sustain, or protect our rights, property, safety or security and that of our employees, agents, contractors, customers, the visitors of the Website or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
4 - Who do we transfer your Personal Information?
In certain cases, and for data hosting purposes Personal Information we collected about you may be transferred
to affiliates, service providers, business partners located outside the EU to which Personal Information are
disclosed in the GCC countries, Jordan, Lebanon, Canada and Singapore including to entities that are located
outside of the European Economic Area, which may not have an adequate level of protection.
We have implemented appropriate safeguards with such data recipients by entering into data transfer agreements based on the European Commission standards clauses with such data recipients. You can ask for a copy of such appropriate safeguards by contacting us as set out in Section 8 below
5 - Use of CookiesWe use cookies and track IP addresses so we can improve our Services and enhance your experience as detailed below.
Cookies are data files a website can send to your computer's browser for record-keeping purposes. We use cookies
to help us to gather and store information about visitors to our Website which helps us and to make our Website
more user friendly, and to give you a better experience when you return to the Website.
We may use information from cookies for the following purposes:
- Traffic monitoring, for example, the IP address from which you access the Website, the type of browser and operating system used to access the Website, the date and time of your access to the Website, the pages you visit, and the Internet address of the website from which you accessed our Website;
- To recognize repeat visitors for statistical/analytical purposes;
- Anonymous tracking of interaction with online advertising, for example, to monitor the number of times that a banner ad is displayed and the number of times it is clicked.
- To customize or personalize your experience of the Website, for example, so that we can greet you by name;
- For transactional purposes, such as credit/debit card sales;
- To monitor your use of the Website in order to make our communications with you as relevant as possible, for example, by sending you email communications relevant to the parts of the Website that you visit most often or by letting you know about features of the Website that you have not accessed previously.
We may compile and report to third parties (such as advertisers) anonymous statistics about our users in terms of numbers, traffic patterns and related site information.
Whereas some cookies may be functional to collect information which will allow us to facilitate your browsing such as languages preferences, memorizing log-in, or saving the content of your shopping basket, other cookies also collect information on your behaviour by saving your preferences as detailed above.
While functional cookies may be installed to facilitate your visit of our Website, you may express your choice regarding our cookies through the privacy settings options of your browser which should include features to prevent from storing information on the terminal or processing information already stored on such terminal, unless you turn on the feature to allow such storage or processing.
Each browser has its own cookie management system, you can find information specific to your browser under the
“help” menu, where you will be provided with all necessary information about how to set your
preferences.
We cannot guarantee the proper functioning of the Website if you choose to disable your cookies. However, your
visit to our Website will be significantly enhanced if cookies are not disabled.
6 - How long do We keep your Personal Information for?
Personal Information collected for the purposes hereunder will be stored only as long as necessary for the
purpose of your commercial relationship with us, or as required to comply with our legal obligations.
If a judicial action is initiated, Personal Information may be stored until the end of such action, including any potential periods for appeal, and will then be deleted or archived as permitted by applicable law.
Your Personal Information will not be kept in a form that allows you to be identified for any longer than is reasonably considered necessary by us for achieving the purposes for which it was collected or processed or as it is established in the applicable laws related to data retention periods.
7 - Your rights
Subject to applicable law, you may have the following rights:
(i) Right of access
You have the right to confirm with us whether your Personal Information is processed, and if it is, to request
access to that Personal Information including the categories of Personal Information processed, the purpose of
the processing and the recipients or categories of recipients.
(ii) Right to rectification
You may have the right to rectify inaccurate or incomplete your Personal Information.
(iii) Right to erasure
You may have the right to ask us to erase your Personal Information.
(iv) Right to restriction of processing
In limited circumstances, you may have the right to request that we restrict processing of your Personal
Information.
(v) Right to data portability
You may have the right to receive your Personal Information, which you have provided to us, in a structured,
commonly used and machine-readable format and you may have the right to transmit that data to another entity.
(vi) Right to object and rights relating to automated
decision-making
Under certain circumstances you may have the right to object, on grounds relating to your particular situation,
at any time to the processing of your Personal Information by us and We can be required to no longer process
your Personal Data.
(vii) Right to provide your instructions regarding the storage, deletion or disclosure
of your Personal Information after your death.
When your Personal Information processing is based on your consent, you may withdraw any consent you previously
provided to us at any moment. The withdrawal of consent shall not affect the lawfulness of processing based on
consent before its withdrawal.
You also have the right to lodge a complaint with the competent data protection supervisory authority.
8 - Changes to this Policy
We reserve the right to modify this Privacy Policy at any time. Our Privacy Policy may change from time to time
to reflect changes in our processing of your Personal Information. Any modifications of this Privacy Policy will
be effective once published on our Website. We will notify you of any material changes as required by law.
Please read the Privacy Policy and check back often.
This Privacy Policy is incorporated into, and part of, the Terms and Conditions, which govern your use of the
Website.
This Privacy Policy is reproduced in English and Arabic. If there is any inconsistency between the English text
and the Arabic text, the English text will prevail.
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, arising from or related to your use of our Website or any breach by you of these Terms and Conditions.
DISCLAIMER
OUR WEBSITE IS 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 WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON OUR WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, L’OCCITANE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, L’OCCITANE DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON OUR WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF OUR WEBSITE, THAT YOUR USE OF OUR WEBSITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
LIMITATION OF LIABILITY
Nothing in these Terms and Conditions is intended to affect your rights under the Kuwait Law. The use of the Website or any of the services or products is at your own risk, and unless otherwise stated in these Terms and Conditions, you assume full responsibility and risk of loss resulting from your use of the Website or any of the services or products.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL L’OCCITANE OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE OUR WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF L’OCCITANE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT WILL L’OCCITANE BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT PAID BY YOU TOWARDS THE PRICE OF THE PRODUCT IN RESPECT TO WHICH THE CLAIM AROSE. YOU HEREBY RELEASE US FROM ANY AND ALL OBLIGATIONS, LIABILITES AND CLAIMS IN EXCESS OF THIS LIMITATION.
MISCELLANEOUS
We reserve the right to modify these Terms and Conditions at any time without notice to you.
We, through the Website, will not deal or provide any services or products to any of OFAC sanctions countries in compliance with the laws of Kuwait
If any of the provision of these Terms and conditions is held to be illegal or unenforceable, the other terms of these Terms and Conditions shall not be affected and shall remain in full force and effect.
These Terms and Conditions are reproduced in several languages. If there is any inconsistency between the English text and a non-English text, the English text will apply unless applicable local law requires otherwise.
These Terms and Conditions are governed by the laws of Kuwait.
FREE SAMPLES
We are happy to include free samples with every purchased order to allow L’Occitane customers to discover our different products.
Due to the limited nature of our free samples, the number of samples is subjected to stock availability and will be added automatically to your basket.
L’Occitane reserve the right to substitute the out of stock samples at any time without prior notice.
L’Occitane free sampling program is intended for testing use only. We regret that we are unable to reship or exchange the samples for any reason, including if they arrive damaged, or if one or more free samples is missing from your order.
L’Occitane free samples are not redeemable for cash and are limited to purchased orders only.
Not all the products on the website have samples available.
PRIVATE SALE AND OFFERS TERMS & CONDITIONS
Promotion codes are for one usage only. Promotion codes must be redeemed with next online purchase. Promotion codes are only valid on kw.loccitane.com in Kuwait . Promotion codes cannot be exchanged for cash or any other items. Promotion codes are valid throughout offer validity period and must be redeemed prior to the expiry date mentioned above.
Sign up offer 10% discount is only valid on full-priced items only nor combinable with any promotions or discounts and is redeemable for one time use.
Gift with purchases are subject to stock availability. Gifts cannot be used in conjunction with other promotion codes unless offer details state otherwise.
L’Occitane reserves the right, at its discretion, to amend any and/or all of these offers at any time without incurring any liability whatsoever.
If you have any questions about the Terms and Conditions or any aspect of your order, please contact our Customer Service by email at loccitane.kwt@chalhoub.com or by telephone on 0096522979969 from 09:00AM to 9:00PM (Sunday to Saturday) including public holidays..