Aesop Terms of Use – New Zealand
The information contained within this document relates to the Aesop New Zealand website (aesop.co.nz) (Site) and online store, operated and maintained by L’Oréal New Zealand Limited trading as Aesop (and referred to in this document as Aesop, we, us, our). The Terms of Trade relevant to our New Zealand online store can be found in the footer of our New Zealand web store. These can be accessed by clicking on “Terms & Conditions” and then clicking on “Terms of Trade”.
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.
Your use of the Site
In addition to the text, code, software, video, music, sound, graphics, photographs, illustrations, artwork, names, logos, trade marks, service marks and other material (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:
- commit or encourage a criminal offence, including promoting violence or hate-crimes;
- transmit a virus, trojan, worm, or any other material which is technologically harmful, or a breach of confidentiality;
- transmit any unlawful, threatening, defamatory, obscene, abusive, inflammatory, offensive, or pornographic material or other material that could give rise to any legal liability;
- hack into the systems or data related to the Site;
- infringe any person's intellectual property rights (eg copyright);
- use the Site to send spam; or,
- attempt to affect the performance or functionality of the Site, or our systems.
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.
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.
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.
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.
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.
No warranty, no reliance
We do our best to ensure the Site and Content is accurate, but we do not guarantee or give any warranty that it is complete, accurate or fully up to date. The Site and Content is provided “as is”. To the extent permitted by law, we exclude all liability relating to the access to and use of the Site. We accept no responsibility for the Site or the Content. Further, 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 as a result of any of these. We are not responsible for Content provided by third parties. We acknowledge that some jurisdictions do not allow the exclusion of certain implied guarantees and warranties, so some or all of the above exclusions may not apply to you. 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, check to ensure the Australian or New Zealand product is equivalent.
Limit of liability
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, your only remedy is to stop accessing or using the Site. To the extent permitted by law, 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 (including negligence), which arises from, any use of, or inability to use, the Site, Content or any other website linked to the site.
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.
Termination and changes
We may terminate, alter, change, update or suspend the Site or Content for any reason and at any time, without notice or liability, including its functionality or technical specs. These changes might mean you can’t access or use it in the same way, or at all. We’re not liable for this.
General
- 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 we will reimburse you, where applicable.
- 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.
- 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, and they apply to the exclusion of all other documents and supersede any prior understanding or agreements (written or oral). If applicable, if the Terms and order confirmation are inconsistent, the Terms prevail.
- These Terms and the contract between you and us are governed by the laws of New Zealand. You agree that the Courts of New Zealand have exclusive jurisdiction over them.
Live Chat Service
- Access Live Chat advice and consultations from Aesop experts at aesop.co.nz at the following times: Monday to Sunday, 11 am to 7 pm NZST. Times are in NZDT/NZST, as applicable in New Zealand. Times listed are subject to change based on available staffing.
Virtual Try-on
- This Website/Application may provide you with a make-up try-on feature. You can choose the live service (using your device webcam), an existing picture (from your device) or one of the proposed models.
- You need to be at least 16 to use this service. You are free not to use this service.
- The result of the experience (picture with make-up) can be downloaded on your device and you may have the option to share it on social platforms through native features available in your device. We are not involved in such sharing (there no personal information processing by us).
- When you share your picture on social media Aesop keeps such picture for the time necessary to achieve this purpose. For more information on how we use your personal data, please see our Privacy Policy. Remember, by sharing your picture on social media, you are bound by the social media’s terms and conditions. Aesop is part of L’Oréal New Zealand.
- Our service is intended to be as accurate as possible, however this does not constitute a guarantee that the recommended shade (make-up) will be an exact match. We always advise visiting your local brand counter.
Disclaimer The content of this website is general and is provided for information purposes only. The material on this website is not and should not be regarded as advice, including legal or medical advice. To the fullest extent permitted by law, Aesop does not give any express or implied warranties and makes no representations in relation to this website (including the Live Assistance function). In particular, while reasonable care is taken in its preparation, Aesop does not guarantee or warrant the accuracy, reliability, completeness or currency of the information on this website (including through the Live Assistance function) or its usefulness in achieving any purpose. You accept that content on the website (including through the Live Assistance function) may include technical inaccuracies and typographical errors. Information on this website (including through the Live Assistance function) should not be used without validating that information from appropriate sources and obtaining professional advice where it is prudent to do so. You should make and rely upon your own assessments and enquires to verify the accuracy of the information provided. In addition, to the fullest extent permitted by law, Aesop does not warrant that the website (including the Live Assistance function) is free from any computer viruses or other defects or that your access to the website (including the Live Assistance function) will be continuous or uninterrupted. Aesop accepts no liability arising from your access to this website (including use of the Live Assistance function).
Limitation of Liability Subject to the provisions of consumer protection legislation that cannot be excluded (including the New Zealand Consumer Law), Aesop accepts no liability arising from the information on this website (including through the Live Assistance function), or on websites linked from this website, being incorrect, incomplete or misleading. To the fullest extent permitted by law, Aesop will not be liable for any loss, damage, cost, expense, illness or injury incurred in or arising by reason of any person relying on the information on this website (including through the Live Assistance function). Subject to the consumer guarantees provided for in consumer protection legislation (including the New Zealand Consumer Law) that cannot be limited, to the maximum extent permitted by law Aesop accepts no liability for any loss, damage, cost, expense, illness or injury arising from your access or use of the Live Assistance function or any delay or interruption in access to or use of the Live Assistance function. Where conditions and warranties implied by law cannot be excluded, Aesop limits its liability, solely to the extent it is entitled to do so, to the resupply of the relevant service and goods, or paying you the cost of that resupply.
Consumer Protection Legislation
This website (including the Live Assistance function) comes with non-excludable guarantees under consumer protection legislation such as that the website will be provided with due care and skill and be reasonably fit for its usual purpose. If Aesop breaches any of these non-excludable warranties or guarantees, you are entitled, at your option, to a refund or the re-supply of the services and to compensation for any other reasonably foreseeable loss.
User Responsibility for Personal Account
If you choose to create a personal account on this website (Personal Account), you are entirely responsible for your log in details and password and must not share these with any third party. You must notify Aesop immediately of any known or suspected unauthorised use(s) of your Personal Account, or any known or suspected breach of security, including but not limited to unauthorised access or any permanent or temporary prevention of access to your Personal Account, or loss, theft or unauthorised disclosure of your password. You are responsible for all your usage or activity on this website, including through your Personal Account. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Personal Account, at Aesop's sole discretion, and Aesop may refer such conduct to appropriate law enforcement agencies.
Live Assistance function
The Live Assistance function is a facility established and maintained by Aesop which enables you to chat to Aesop personnel in real-time to assist you to navigate your way around the website and to provide information on Aesop's products.
The Live Assistance function must be used for the above purpose and no other purpose. In particular, you must not use or attempt to use the Live Assistance function to:
- corrupt, damage or interfere with the Live Assistance function or any Aesop or third party data, software, hardware, website or information technology systems;
- send offensive, inflammatory, defamatory, fraudulent or otherwise unlawful information that infringes Aesop's or any third party's rights;
- adversely affect the reputation or public image of Aesop; or
- cause annoyance or inconvenience to Aesop or any third party.
Aesop does not guarantee the continuous availability of the Live Assistance function, and will not be liable to you for any reason, including in the event that the Live Assistance function is unavailable to you for any reason including due to any computer or system downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities or telecommunications supply. Aesop reserves the right to suspend or terminate the availability of the Live Assistance function at any time.
Any responses provided by Aesop personnel through the Live Assistance function are general and provided for information purposes only. Subject to the consumer guarantees provided for in consumer protection legislation (including the New Zealand Consumer Law), Aesop does not give any express or implied warranties and makes no representations in relation to the responses provided by Aesop personnel through the Live Assistance function. Nothing on the Live Assistance function should be construed as the giving of advice or the making of any recommendations. You should make and rely on your own assessment and enquiries to verify the accuracy of the information provided through the Live Assistance function.
You agree that you access and use the Live Assistance function entirely at your own risk (to the maximum extent permitted by law), including in relation to all information that you choose to transmit through the Live Assistance function.
