Terms & Conditions for the "Your product reviews" Service
ERBORIAN allows its consumers, through its service providers Yotpo and Bazaarvoice, to share their appreciation of ERBORIAN's products by posting reviews, tips, tricks, suggestions, information, recommendations, photographs and videos (hereinafter the "Review(s)") on ERBORIAN's products that they have used and to rate them by going to the dedicated page on its website uk.erborian.com, after having read the terms of use below:
The use of the service "Your Product Review" (hereinafter the "Service") implies having a customer account and accepting these terms of use.
Erborian reserves the right to change these terms of use and to publish a new version on the uk.erborian.com website at any time and without prior notice.
Article 1 - Purpose of the "Your Product Reviews" service
1.1. The Service, accessible via the address https://uk.erborian.com , is a platform that allows consumers to leave opinions, advice, tips, suggestions, information, recommendations, photographs and videos (hereinafter the "Review(s)") on the products marketed by Erborian that they have used and to give them a rating that may vary from one to five stars.
1.2 Messages posted by users of the Service are testimonials of individual experiences and express personal opinions. Erborian provides users with a space to store their Reviews for posting online. The information, text and content contained in the Reviews of users of this Service are the responsibility of their contributors. Consequently, Erborian shall not be held responsible for such content.
1.3 In the context of specific loyalty programs, Erborian may, at its sole discretion, offer the consumer a consideration for the publication of his or her Review on a product. This consideration will be offered to the consumer regardless of the content of the Review. In addition, Erborian may, in its sole discretion, offer certain products to individuals for testing and then publishing their Reviews of such tested products.
1.4 Erborian publishes the Reviews submitted on the Site subject to the following moderation criteria:
- Erborian reserves the right not to publish or to delete Reviews whose content is deemed inappropriate, in particular messages that are incomprehensible, outrageous, defamatory, malicious, racist or unrelated to the products concerned.
- Erborian reserves the right to modify the length, spelling or certain terms of the Reviews in the interest of moderation or in order to improve the editorial consistency of the Site.
1.5 Erborian reserves the right to transmit Reviews to third parties for publication on other platforms, such as platforms of persons distributing Erborian products.
In the event that your Review is not published, we will endeavor to get back to you to determine how we can better serve you. Thank you for taking the time to share your experience with other Erborian consumers.
Article 2 - Form and content of the Notices
2.1. The user of the Service undertakes to write, independently, a Review on a product that he or she has actually used.
2.2 This Review must include a title and a rating in the form of a number of stars, ranging from 1 to 5 stars.
2.3. The Service may not be used to disseminate content that contravenes public decency, public order, the rights of others or applicable laws and regulations, such as: - Any abuse of the freedom of expression, such as comments consisting of systematic or non-objective criticism, as well as comments of a denigrating or malicious nature; - Content of a violent or pornographic nature, or which is likely to undermine respect for the human person or his dignity, equality between women and men or the protection of children and adolescents - The presence of personal information, such as first and last names, a telephone number, a precise physical address or an e-mail address; - The total or partial reproduction of content protected by an intellectual property right and for which users do not have rights, as well as messages constituting the infringement of a registered trademark.
2.4. Users are prohibited from using the Service for propaganda, canvassing, solicitation or proselytizing, for professional, commercial or political purposes (such as advertising, "spam" content or references to products of other brands, commercial offers or Internet sites, etc.).
2.5. Reviews must not contain: - critical comments about other Reviews published on the Site or about their authors; - comments of a medical nature about products; - comments relating to another product unrelated to the product noted; - random characters or strings of words without meaning; - comments relating to the safety of a product (possible intolerances ...).
Erborian invites each user wishing to express his or her opinion or to obtain information concerning the safety of products or problems encountered during orders to contact our Customer Service Department by email at ukcustomerservices@erborian.com or by telephone on (+44) (0)800 358 1159 (UK) between 9.00 a.m. and 17.30 p.m.
Or send your letter to:
L'Occitane Ltd - ERBORIAN
Capital House 25 Chapel St, London NW1 5DH, United Kingdom
2.6. The Reviews must not contain e-mail addresses, URLs, telephone numbers, postal addresses or other information (name, first name...) that would allow the user to be identified. In order to submit a Review, the user must fill in certain mandatory fields, including contact information that is not visible or accessible by other users and that allows them to communicate with the user. User agrees to provide accurate and valid contact information.
2.7. Reviews must not be contrary to these Terms of Use, the Terms of Use of the Site and must not harm Erborian's brand image or business policy.
2.8. Users shall not interfere with or disrupt the operation of the Service. Users shall not incorporate documents, software or any other information into the Reviews filed in the storage space provided by Erborian that may damage the computers of other users or that may allow unauthorized access to other Internet sites.
Article 3 - Control and Publication of Notices
3.1. Minors under the age of 18 wishing to leave a Review of an Erborian product through this Service must obtain prior authorization from a parent or legal guardian. Erborian may ask any minor user to provide proof of such authorization and, if necessary, refuse to publish the Review concerned.
3.2. All Reviews and accompanying pseudonyms are read by moderators. This moderation is done a priori. Erborian therefore reserves the right not to publish all User Reviews, in particular if a user Review violates the provisions set forth in these Terms of Use. Erborian may, at its sole discretion, choose to notify the user of a refusal to publish after moderation by sending an e-mail indicating the reason.
3.3. Furthermore, Erborian reserves the right to modify the length, spelling or certain terms of the Reviews for the purpose of moderation or in order to improve the editorial consistency of the Site.
3.4. Reviews are presented by product from the most positive to the least positive (from 5 stars to 1 star), then from the most recent to the oldest.
3.5. Any content published on the Service may be used at the sole discretion of Erborian, in its entirety or in part.
3.6. A visitor to the Site and/or user of the Service may vote on the usefulness or otherwise of each of the Reviews posted. In the event of non-compliance with the terms of use of the Service, Erborian reserves the right to restrict, suspend or cancel access to all or part of the Service, at its discretion and without notice. Erborian reserves the right to contact the consumer who submitted the Review.
3.7. Reviews will generally be posted within two to four business days after the user submits the Review.
3.8. In order for users to benefit from a relevant Service, they agree that published Reviews may be deleted in any of the following cases: - the product which is the subject of the Review is no longer offered for sale by Erborian, - the product which is the subject of the Review has been modified in such a way that the Review is no longer relevant to the initial product.
Article 4 - Intellectual property and personality rights
4.1 Erborian's Intellectual Property Rights
The texts, graphics, software, music, sounds, photographs, images, videos, databases and any other work present on the Service are protected by the Intellectual Property Code and belong exclusively to Erborian. Users agree not to reproduce them without the express written consent of Erborian and not to extract data from the databases used on the Service.
4.2 License granted by users of the Service on intellectual property rights
4.2.1. By posting their Reviews on the Service, users expressly grant Erborian, its affiliates, partners and resellers a license to all intellectual property rights pertaining to the Reviews, free of charge, for the entire world and for the entire legal term of copyright protection provided by the laws of England and Wales and any extensions thereto.
4.2. 2. Consequently, users authorize Erborian, its affiliates, partners and resellers to distribute, reproduce, represent, publish, adapt, modify and translate all or part of their Reviews and to create derivative works from all or part of their Reviews, in particular for commercial, promotional and advertising purposes, by any existing or future means, including reproduction, representation, adaptation and distribution and on all media, known or unknown to date, including but not limited to press, publishing, display, graphic and paper media, internal and external communication media, audiovisual, computer and digital such as CD-ROM, DVD, Internet, mobile applications, social networks.
This license includes the right for Erborian, its affiliates and resellers of Erborian products to freely use all or part of the Reviews, to reproduce them, represent them, modify them, delete them in whole or in part, adapt them, publish them, translate them, create derivative works and distribute them, in particular for commercial, promotional and advertising purposes.
This license also includes the right for Erborian to transmit the Reviews to third parties so that the Reviews may be published on other platforms, such as platforms of persons who distribute Erborian products.
4.2.3. By posting a Review, users of the Service commit their responsibility as authors. Consequently, users guarantee Erborian, its affiliates, partners and resellers:
• the peaceful enjoyment of the licensed rights and that they are free of any legal defect and do not infringe, in any respect whatsoever, the intellectual property rights of any third party and in particular that they are not counterfeit or imitation,
• from any claim and the consequences of any claim that could emanate from a third party in connection with the Review,
• that the Reviews licensed are done so in good faith and with the consent of any third party involved in their creation.
4.3 License granted by the users of the Service on personality rights
4.3.1. By posting their Reviews on the Service, users expressly grant Erborian, its affiliates, partners and resellers a license to all personality rights relating to the Reviews, in particular the pseudonym, image and voice, free of charge, for the entire world and for the same duration as that provided for in Article 4.2, i.e., for the entire legal duration of copyright protection provided for under the laws of England and Wales and any extensions thereto.
4.3.2. Consequently, users authorize Erborian, its affiliates, partners and resellers to use, reproduce and exploit their pseudonym, their image and, where applicable, their voice, in particular for commercial, promotional and advertising purposes, by any existing or future means, in particular by reproduction, representation, adaptation and distribution, and on any medium, in any form or manner, adaptation and distribution and on all media, known or unknown to date, including but not limited to press, publishing, display, graphic and paper media, internal and external communication media, audiovisual, computer and digital such as CD-ROM, DVD, Internet, mobile applications, social networks.
This license also includes the right for Erborian to transmit the Reviews to third parties so that the Reviews may be published on other platforms, such as platforms of persons who distribute Erborian products.
4.3.3. Users warrant to Erborian, its affiliates, partners and resellers:
• that the licensed rights are free from any legal defect and do not infringe, in any way whatsoever, the personality rights of any third party,
• from any claim and the consequences of any claim that could emanate from a third party in connection with the Review,
• in the event that the Review contains the pseudonym, image and/or voice of a third party, that they have obtained the authorization of this third party to use, reproduce and exploit its personality elements.
Article 5 - Personal data
5.1. Within the framework of the Service, Erborian collects and processes personal information, in particular name, first name, e-mail address, nickname, city, age group, sex, facial image, voice, skin type, hair type of users who intend to post a Review on the uk.erborian.com site.
The processing of your personal data complies with the provisions of the applicable law on the protection of personal data. For more information, please consult our Privacy Policy.
5.2. Only the fields followed by an asterisk on the collection form are mandatory information in order to leave a Review on the Service. The username is thus mandatory to share a review. On the other hand, information relating to age range, gender, skin type, hair type, facial image, and voice is optional. Once you have created your account and saved this data, it may be reused, with your prior consent, in connection with this Review.
5.3. Users of the Service are informed that all or part of their personal data collected by Erborian may be used by Erborian and, if applicable, by its service providers acting on Erborian's instructions, to disseminate the Review on Erborian's current and future public communication media, including, but not limited to, electronic communication services (in particular, the website uk.erborian.com or any other possible variation on any mobile device), as well as the sites of resellers and affiliates and/or marketing and/or advertising communication media (emailing, mailing, advertising banners on the Internet, point-of-sale promotional materials, etc.) published by Erborian, its affiliates and resellers of Erborian products
5.4. The personal data that will be used for this purpose may include: nickname, e-mail address (for the purpose of verifying the Review), city and/or country of residence, age group and gender, skin type, eye color, facial image and voice of the user who submitted the Review. Please ensure that you only provide information relating to your opinion and experience of our products in the input field provided for this purpose and do not provide any personal or sensitive data about yourself in the input field.
5.5. In accordance with the applicable law on the protection of personal data, users have the right to access, rectify, oppose, limit, portability and delete data concerning them by email at ukcustomerservices@erborian.com or by telephone on 0800 358 1159 (UK).
Or by sending a letter to:
L'Occitane Ltd - ERBORIAN
Capital House 25 Chapel St, London NW1 5DH, United Kingdom