Terms and Conditions

TERMS OF USE OF BIOTHERM (INTERNATIONAL) WEBSITE

Welcome on this Website dedicated to Biotherm (International) brand website (hereinafter the "Website").

Please read carefully these Terms of Use which govern the use of this Website (hereinafter the “Terms of Use”). By using this Website, you agree to these Terms of Use without reserve.

For any request relating to your use of the Website, you may contact us through our dedicated “contact us” form

1. ACCESS TO THE WEBSITE

To access and use this Website you need to be an adult. If you are a minor, your parents' prior authorization shall be required.

Access to the Website and/or certain sections thereof may require the use of PIN codes. In such case it is up to you to take the necessary steps to keep such codes secret. You may naturally change them at any time. However, the number of attempts to access the Website and/or certain section thereof may be limited in order to prevent any fraudulent use of such codes. Please inform Us of any fraudulent use that you may become aware of. In the event of any breach of the rules set forth under these Terms of Use, We reserve the right to suspend your access.

Additional fees for accessing and using the Internet remain at your charge.

2. INTELLECTUAL PROPERTY

1. Intellectual property rights

Developing this Website involved significant investments. The Website and each of the elements it comprises (i.e., brands, images, texts, videos, etc.) are protected by intellectual property rights. No use, reproduction or representation of the Website (in whole or in part), on any media whatsoever, for any other purposes, including, but not limited to, commercial purposes, shall be authorized.

We may make available to you via this Website contents that you are authorized to download (hereinafter the "Downloadable Content"). We grant you, for your personal and private use only, free of charge and for the legal protection period of intellectual property rights as defined by French and foreign laws and international treaties, a non-exclusive and non-transferable right to use the Downloadable Content. Any reproduction, representation, modification or distribution of the Website shall be prohibited. By downloading or using such Downloadable Content, you agree to use them in accordance with these Terms of Use.

2. Third-party rights

We hereby remind you that you shall secure all the necessary authorizations and rights from any relevant rightsholders in connection with any content you may wish to post via the Website, including any and all intellectual property rights and/or literary, artistic and/or industrial property rights, and publicity rights (including the right to one’s image), to allow your quiet use of such contents. For example, you shall secure the rights in and to any contents (especially photographs) showing recent architectural items, advertising designs or apparel designs that might appear (acronyms, logos, etc.).

3. User Content

We may make available via this Website a space dedicated to user contents, such as text, photos, videos, opinions, etc. (hereinafter "User Content").

By posting User Content via the Website, you hereby grant Us a royalty-free, irrevocable, non-exclusive, worldwide and for the legal protection period of intellectual property rights as defined by French and foreign laws and international treaties (including any subsequent suppletive or amending regulations) license to reproduce, display, use, copy, modify, adapt, edit, distribute, translate, create derivative works from, incorporate into other works, distribute such User Content (in whole or in part).

Said use shall be authorized for all in-house or external, corporate or financial communication purposes, advertising, and for all public relations, historical or archival purposes, of L’ORÉAL Group or its affiliates, its products and/or its brands, particularly on the following media:

• Posting in all format, in unlimited quantity,
• The written press, unlimited number of publications,
• Publishing, unlimited number of publications, particularly publishing for purposes of in-house communication, including sales force and distribution network (wholesalers, retailers, agents, etc.), events, leaflets for congresses, tradeshows, stands ...; B-to-B communication, in the professional press, for an unlimited number of publications and/or quantities;
• Electronic, IT, digital, multimedia, Internet and Intranet publishing, via any websites (whatever the website and/or medium, including social networks such as Facebook, Twitter, YouTube or Dailymotion), unlimited number of inserts and broadcasts,
• via any advertising media (including by way of advertising at retail outlets and on the L’ORÉAL Group brand products (hereinafter the “Media”).

You are hereby informed that said social networks are platforms owned by third-parties and, accordingly, the circulation and use of User Content via said social networks shall be governed by the terms of use defined by said third parties. Therefore We shall not be held responsible for any use of the content by Us or any third parties in accordance with the terms of use defined by the social networks, including without limitation, in terms of the scope and duration of licensed rights, and removal of Content. You shall be responsible for handling any third-party claims relating to the use of the Content in accordance with the terms of use defined by the social networks.

In addition, We hereby remind you that any Content may be referenced on a search engine and therefore to be accessed by an audience outside the Website.

This authorization gives Us the possibility to adapt your Content as initially fixed and/or make any such clarification to the User Content as We may consider useful, provided that the User Content shall not alter your image or words.

Further, the use of User Content may come with such anonymized information as your city, country or age, and/or, if you expressly authorized it, information allowing your identification such as your first name, or your alias.

Any such User Content as you may publish via this Website shall be chosen by you and under your sole liability. However, We would like to remind you that User Content shall not conflict with applicable legislation or accepted standards of morality, or the principles stated herein. In this regard, We reserve the right to remove at any time any such User Content as may not comply with these Terms of Use, including the Code of Conduct.

In addition, if you access User Content created by another user, you shall be required to comply with said user’s rights and you shall, in particular, not reproduce or disseminate said Content published via other media without the relevant user’s prior consent.

3. CODE OF CONDUCT

We support the values of tolerance and respect of others.

For this reason, by using this Website, you agree not to:

• Convey any racist, violent, xenophobic, malicious, rude, obscene or unlawful comments;

• Disseminate any content that may be harmful, defamatory, unauthorized, malicious or infringing on privacy or publicity rights, inciting violence, racial or ethnic hatred or qualify as gross indecency or incitement to commit certain crimes or offences;

• Use the Website for political, propaganda or proselytizing purposes;

• Publish any content advertising or promoting any products and/or services competing with the brand(s) displayed on the Website;

• Divert the Website from its intended purpose, including by using it as a dating service;

• Disseminate any information that may directly or indirectly allow the nominal and specific identification of an individual without prior and express consent, such as their last name, postal address, email address, telephone number;

• Disseminate any information or content that may be upsetting for the youngest;

• Intimidate or harass others;

• Conduct illegal activities, including that may infringe anyone’s rights in and to any software, trademarks, photographs, images, texts, videos, etc.;

• Disseminate content (including photographs and videos) portraying minors.

If you become aware of any such User Content as may condone crimes against humanity, incite racial hatred and/or violence, or relate to child pornography, you shall immediately notify Us through our contact us form specifying in your email, the date on which you discovered said content, your identity, the URL, description of the disputed content and the user ID of the author thereof.

If you consider that any User Content is in breach of the principles listed above, of your rights or any third party’s rights (e.g., any infringement, insult, breach of privacy), you may send a notice through our contact us form specifying in your email, the date on which you discovered said content, your identity, the URL, description of the disputed content and the user ID of the author thereof.

As per the provisions of article 6-I-5 of Act 2004-575 of June 21, 2004 for confidence in the digital economy (Loi pour la confiance dans l'économie numérique), said notice shall contain:

• the date of the notice;
• if the sender is an individual: last name, first and middle names, occupation, address, nationality, date and place of birth;
• the addressee’s name and address or, if a legal entity, its corporate name and registered offices;
• a description and specific location of the reported facts (e.g., URL link to the reported content;
• the reasons why such content should be removed, including an indication of the legal provisions and qualification (justifications) applicable to the facts;
• a copy of any correspondence sent to the author or publisher of the reported information or activities requesting their interruption, removal or alteration, or justification that the author or publisher could not be reached.

Any incomplete notice may not be considered. WARNING: The fact for anyone to report any content or activity as unlawful in order to obtain the removal thereof or stop the dissemination thereof by submitting untrue or inaccurate information is punishable by a prison term of one year and a fine of EUR 15,000.

4. INFORMATION CONTAINED ON THE WEBSITE

1. General provisions

We hereby remind you that inaccuracies and omissions may appear in the information available on this Website, particularly due to third parties. We hereby undertake to remove inaccuracies or to complete such information on the Website as soon as possible.

2. Information on the products and services

The products and services presented to you on this Website are not offered for sale but a general presentation of the range of the products and services that We distribute in the country where this Website is available.

3. Advice and beauty profile

The advice provided on this Website and/or the tools made available to define your beauty profile are merely simulations intended for obtaining expert cosmetics advice.

The information they deliver are for strictly indicative purposes and shall in no event replace a medical diagnosis or clinical consultation, nor be substituted for a medical treatment.

Accordingly, We cannot guaranty your entire satisfaction with the advice that results from the use of such tools and assume no liability for any use you may make thereof.

For any further information or in the event of doubt, We recommend that you consult your physician.

4. Hypertext links

The hypertext links included on the Website may lead you to websites published by third parties and the content of which We do cannot control. Accordingly, to the extent that said hypertext links were included on this Website for the sole purpose of facilitating your browsing experience of the Internet, looking up any third-party websites shall be your own decision and your sole liability.

5. PERSONAL DATA

We may collect personal data related to you, particularly when you: (i) subscribe for a service; (ii) download Downloadable Content; (iii) sign in; (iv) apply for a game/competition; (v) send Us an e-mail; (v) respond to a poll or study.

Your personal data shall be recorded in an IT file by L’Oréal (Data Controller) for Customer Service Purposes.

They shall be retained for 3 months and be anonymized thereafter & are intended for Customer Service Representatives.

As per applicable laws and regulations, you shall be entitled to access, correct and delete any data that may relate to you. You may exercise this right at any time, upon sending us notice, enclosing a copy of your ID, to the following “contact us” form.

For any further information on the processing of your personal data, please look up our privacy policy here.

6. COOKIES

Cookies are small files that are left on your device while you browse the Website (such as the pages looked up, the date and time of such access, etc.) and which may be read whenever your access the same Website (hereinafter “Cookies”).

For further information on the use of cookies, please consult our cookie table here.

7. AMENDMENT TO THE WEBSITEAND THE TERMS OF USE

We may amend the contents and information included on the Website as well these Terms of Use, particularly for purposes of compliance with any new applicable legislation and/or regulations and/or to improve the Website.

Any amendment shall be notified to you via the Website before becoming effective under these Terms of Use. Unless the amendment requires your express approval, your continued use of the Website shall be deemed as your acceptance of the new Terms of Use.

8. DISCLAIMER

We shall use our best efforts to maintain access to the Website and Downloadable Content at all times. However, We cannot guarantee the permanent availability and accessibility of the Website. Indeed, we may be required to momentarily suspend access to all or part of the Website, particularly for technical maintenance purposes.

It is hereby further specified that the Internet and IT or telecommunication networks are not error-free and that interruptions and failures can occur. We cannot provide any guarantee in this regard and shall not therefore be held liable for any damage that may relate to the use of the Internet and IT or telecommunication networks, including, without limitation:

• Poor transmission and/or reception of any data and/or information via the Internet;
• Any external intrusions or computer viruses;
• Any defaulting reception equipment or communication networks; and
• Any such Internet malfunction as may hinder the proper operation of the Website.

Lastly, our liability shall be limited to direct damage, excluding any other damage or loss whatsoever. More specifically, any indirect damage relating, without limitation, to any loss of profit, revenue or goodwill.

9. GOVERNING LAW AND DISPUTES

These Terms of Use shall be governed by the laws of France.

For any issue, please contact our Customer Service through our dedicated contact us form

Pursuant to applicable rules governing mediation, any consumer dispute shall be primarily submitted in writing to Customer Service through our dedicated contact us form

After said referral to Customer Service, any consumer dispute may be submitted to the Online Dispute Resolution Platform (Plateforme de Règlement en Ligne des Litiges), pursuant to section 14 of EU Regulation no. 524/2013, which is accessible via the following link: https://webgate.ec.europa.eu/odr/.]

If the dispute cannot be resolved through said mediation process, it shall be referred to the French courts of competent jurisdiction.