GENERAL TERMS OF SALES AND USE OF THE E-Gift Card SERVICE

Definitions

MERCHANT: means the company L'Occitane offering sales of its E-Gift Card.
PARTICIPANT: means a natural person participating financially in whole or in part in the purchase of an E-Gift Card.
INITIATOR: means the first PARTICIPANT in the E-Gift Card.
PERSONAL DATA: means the list of last names, first names, postal addresses, email addresses, dates of birth, and titles of users.
E-Gift Card: means a prepaid account on the MERCHANT'S website. Each E-Gift Card has its own unique code. This prepaid account is domiciled on the usual bank account of the MERCHANT and constitutes an advance to the beneficiary of the GIFT VOUCHER for any orders from the MERCHANT.
GIFT VOUCHER: means the electronic medium associated with the E-Gift Card and on which the unique code is displayed.
BENEFICIARY: means a natural person that has received a GIFT VOUCHER.
WEBSITE: the interface that is accessible on the Internet that allows an Internet user to purchase an E-Gift Card.

1 - Scope

These Terms of Use govern the sale of E-Gift CardS and their use. Use of the service means implicit acceptance of these terms and conditions of use. If you are a minor, you may only use the E-Gift Card service with the permission of your parents (or guardians). If one of the conditions of these regulations is deemed invalid, other regulations and conditions remain applicable. The MERCHANT reserves the right to modify the conditions of these Terms of Use. You may become familiar with these on the WEBSITE (link provided in the footers of the page). All use of the service following modification of the Terms of Use implies full and comprehensive acceptance of the Terms of Use in their new form.

2 - General description of the service provided

The primary function of this service is to enable the purchase of an E-Gift Card online. This purchase may be effected by a single person (direct purchase) or multiple persons (group gift). The primary functionalities are listed below and are non-exhaustive:

  1. For the INITIATOR, the possibility to select an image for the GIFT VOUCHER, to write a message on the GIFT VOUCHER
  2. The option for the INITIATOR to print out the GIFT VOUCHER, to send it immediately or with a delay to a BENEFICIARY of his/her choice, to offer others the opportunity to access the E-Gift Card in order to increase the balance;
  3. For PARTICIPANTS, the possibility to add funds to the E-Gift Card via a variety of available payment means, including payment cards;
  4. For the BENEFICIARY, the possibility to use the GIFT VOUCHER to make purchases from the MERCHANT.

3 - A personalized message recorded by the INITIATOR

The INITIATOR has the option of writing a personalized message that will be displayed on the GIFT VOUCHER. The MERCHANT is not responsible for the messages written by the INITIATOR and cannot guarantee their veracity. By adding content or information, you thereby give your irrevocable consent to use this content in order to process it for the needs of the service. The MERCHANT will use all information exclusively in conformance with its policy of respect for privacy. The provided content cannot:(a) infringe upon the intellectual property rights of a third party; (b) violate existing law in France; (c) be defamatory, insulting or threatening; or (d) be obscene or related to pedophilia. The MERCHANT reserves the right to erase any personalized content provided, at its sole discretion, with or without notice.

4 - Personal Data

4.1 Information about Data collected by the MERCHANT, purpose of collection, length of data storage

Data collected by the MERCHANT are listed in the table below. It is collected in order to provide the gift card purchase service. By using the E-Gift Card service, the user accepts the collection of this data in order to allow the purchase of a gift card. In the absence of acceptance, no gift card can be bought and delivered to the user.

The MERCHANT holds this data and it is kept for a period of time, in order to:

  1. Provide the E-Gift Card service
  2. Allow the spend/redemption of the E-Gift Card during their validity period
  3. Manage transaction history on E-Gift Cards as well as after-sales service and disputes
  4. Analyse the risks of fraud
  5. Establish statistics and improve service
Data Stored Data Types Length of storage
First Name
Surname
Email Address		 The minimum amount of data is systematically collected during the purchase of a gift card in order to send payment receipts and emails of purchase confirmation. 5 years
Address
Telephone Number		 Additional data collected in case of purchase of physical card for shipment and verification. 5 years
Optional data A personalised image provided by the buyer to personalise his/her gift card. A personalised text message provided by the buyer. 5 years
Electronic copy of a buyer's ID During a gift card purchase, in case of suspicion of fraud, the order is suspended until verification of identity. 5 years
IP address, session cookie ID, date, time and minute of purchase Data for the analysis of the fraud, systematically collected during the purchase of a gift card. 5 years

This information will also be processed for statistical purposes. Your information may be communicated to L’Occitane teams in charge of this operation, with other L’Occitane Group companies and trusted third parties acting on our behalf and only for the needs of the purposes shared with you.

4.2 Collection of bank payment data

Banking data is not collected by the MERCHANT but on a remote payment page, secured and managed by an authorised Payment Provider. The Payment Provider used by the MERCHANT is: INGENICO PAYMENT

The Payment Provider above manages your bank payment data.

4.3 Other uses of your data

Your data will not be used for purposes other than those defined in Article 4.1 above, unless you have actively opted in for the use of your data for marketing communications & commercial prospecting purposes, by ticking a box dedicated for this purpose during your purchase.

4.4 Transfer of your data outside the EU

The data collected by the MERCHANT are not transferred outside the United Kingdom and the EU, they are recorded and processed exclusively within the United Kingdom and the European Union.

4.5 Rights to be forgotten, right of rectification of data and right to oppose treatment

In accordance with the regulations on the protection of personal data, you have at any time a right to limit treatment and a right to oppose this treatment.

You have the right to access, rectify, delete and port your personal data, as well as the right to define the fate of your personal data "post mortem".

You can exercise all these rights by simply sending your request via the contact link at the bottom of the page. In order to process this request, a signed identity document may be required to verify that the request comes from the person concerned.

Please refer to our Privacy Policy for more information about the way we process your data. You can also contact our Data Protection Officer by email (dpo@loccitane.com).

By participating to this operation and communicating your information, you certify that you are at least 18 years old.

5 - Participation in an E-Gift Card

The INITIATOR has the option to ask others to access an E-Gift Card that is not yet finalised, in other words when the GIFT VOUCHER has not yet been issued. For this purpose, the INITIATOR is provided with a link that can be shared with others via his/her email service or any other means of his/her choice. The INITIATOR assumes responsibility for the diffusion of this link. Any visitor who accesses the contribution page of an E-Gift Card via a shared link is acknowledged to have done so at the express request of the INITIATOR. Any visitor accessing the contribution page via the shared link has the right to participate in an E-Gift Card by making a financial contribution via the available means of payment. When the visitor accesses the contribution page of the GIFT E-CARD, the name of the INITIATOR and that of the BENEFICIARY will be clearly displayed. Any PARTICIPANT is assumed to know the INITIATOR and the BENEFICIARY. Before making a contribution to an E-Gift Card, it is the responsibility of the visitor to ascertain the authenticity of the request from the INITIATOR. In case of doubt, the visitor is obliged to verify this directly with the INITIATOR. The MERCHANT will not be held responsible for an error on the part of a PARTICIPANT.

6 - Issuance and transmission of a GIFT E-CARD

Once the E-Gift Card is finalised, it is issued in the form of a GIFT VOUCHER and sent by email to the INITIATOR. If he/she has selected the "send by email" option, the BENEFICIARY will also receive the GIFT VOUCHER at the email address provided by the INITIATOR.

The GIFT VOUCHER may not be received in the following cases:

  1. The spam filter of the messaging service has blocked the attachment or redirects the message into the "SPAM" or "unwanted mail" folder.
  2. The firewall has blocked the message or the attachment.
  3. The inbox of the messaging service is full.
  4. The email address is invalid

7 - Transmission of the GIFT E-CARD to a BENEFICIARY

When a GIFT E-CARD is purchased, the transfer of ownership from the MERCHANT to the INITIATOR is effected upon issuance of the GIFT VOUCHER. The INITIATOR assumes complete responsibility for ceding and transmitting the GIFT VOUCHER to a BENEFICIARY, the third party of his/her choice, including when the INITIATOR selects the option "send to the beneficiary by email." Use of the GIFT E-CARD as payment is based on the use of a code printed on the GIFT VOUCHER. The INITIATOR must keep the code and the GIFT VOUCHER secret. The MERCHANT may not be held responsible in cases of an error on the part of the BENEFICIARY, loss of or fraudulent use of the code. Similarly, once the INITIATOR transfers the GIFT E-CARD to a BENEFICIARY, the latter is acknowledged to have accepted the transfer of rights and the Terms of Use of the E-Gift Card specified in the supporting documentation.

8 - Validity period of the GIFT E-CARD

The E-Gift Card has a validity period of 2 years in the UK and 5 years for Ireland. Beyond this period, expired E-Gift Cards are closed and the unused balance is lost. The expiration date appears on the GIFT VOUCHER that is emailed to the recipient as defined by the E-Gift Card purchaser.

9 - Use of the GIFT E-CARD by a BENEFICIARY

Use of the E-Gift Card as payment is based on the use of a code printed on the corresponding GIFT VOUCHER. The BENEFICIARY agrees to take all appropriate measures to ensure the security and confidentiality of this code. The MERCHANT may not be held responsible for the loss of supporting documentation containing the code or fraudulent use of the code. If the electronic documentation of the GIFT VOUCHER is lost, the BENEFICIARY must contact the INITIATOR to obtain a new electronic copy. If the INITIATOR has also lost the electronic documentation (resulting from, for example, the erasure of the email containing this information), the INITIATOR may receive an electronic copy by making such a request via the contact link provided at the bottom of the WEBSITE page. In such case, the electronic copy will be resent to the email address of the INITIATOR that was used to carry out the initial purchase. In any case, it is impossible to obtain reissue of a GIFT VOUCHER, or in other words a newcode.

The General Sales Conditions set out by the MERCHANT and related guarantees apply by right of law to purchases carried out using the balance available on the E-Gift Card. Similarly:

  1. The E-Gift Card may be used throughout the website of the MERCHANT and in boutiques
  2. If the balance of an E-Gift Card is insufficient to cover an online order, an additional transfer will be requested to finalise the order.
  3. The E-Gift Card may be used multiple times. If a balance remains on an E-Gift Card following a purchase, this balance may be used for subsequent purchases within the validity period of the E-Gift Card indicated in the documentation.
  4. If, following an order paid for with an E-Gift Card on website, the articles are returned or the order is cancelled, the E-Gift Card used for the payment will be re-credited and may then be used for another purchase

10 - Cancellation and reimbursement of an E-Gift Card

E-Gift Cards & Gift Vouchers cannot be refunded, resold, transferred as compensation or exchanged for cash.

11 - Violation of these regulations - suspension of service

We may refuse to provide our services for the following reasons:

  1. a violation of these regulations,
  2. we believe that your actions may entail a financial loss for us or cause harm to us or a third party,
  3. modifications are underway on the WEBSITE that make it temporarily unavailable.

12 - Tariffs

The available amounts for E-Gift CardS are displayed on the WEBSITE. Each contribution is added to the balance of the E-Gift Card without any additional fees.

13 - Guarantee limits

The MERCHANT cannot guarantee the uninterrupted operation of the Service and may not be held responsible for cases of unavailability, suspension or malfunction of the Service, in particular during times of maintenance and updates and when problems with the Internet network occur. The MERCHANT will implement state of the art solutions to avoid any fraudulent modification of the E-Gift Card. However, users acknowledge that the MERCHANT may not be held responsible, except in cases of proven gross negligence, for any damages resulting from:

  1. breaches or fraudulent alterations carried out by unauthorized persons on the service,
  2. abnormally long response times or slow operation of the service;
  3. loss, damage or accidental destruction of data constituting an E-Gift Card or emails exchanged between Users and the MERCHANT, including potential fees associated with recovery, reproduction or repair of these data or messages.

The MERCHANT may only be held liable in cases connected with a proven breach of its obligations as stipulated herein. In any event, the MERCHANT will not be held liable for indirect damages sustained by the user or by a third party due to the user, in particular financial losses and/or revenues and/or profits and/or expected profit and/or chance (?) and/or issues related to reputation. All information or advice provided by the MERCHANT may in no way be treated as a guarantee.

14 - Assistance - contact

Assistance and a contact address is available via the link at the bottom of the WEBSITE.

15 - Competent jurisdiction

Any potential disputes will be resolved under French jurisdiction.