Terms & Conditions
TRY BEFORE YOU WEAR – KÉRASTASE ELIXIR ULTIME ("Conditions of Entry")
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Terms & Conditions created using Promotion Wizard
Customers are provided with 4x2ml samples of their full-sized Kérastase Elixir Ultime product so that they can try the samples before opening the full-sized product. If they aren’t happy with the product they can return for a full refund so long as the full-sized product has not been opened, used or damaged.
- L'Oreal Australia Pty Ltd ABN 40 004 191 673, 564 St Kilda Road, Melbourne, VIC 3004, Australia. Ph: 03 8680 0000 (L’Oréal) will honour a money back guarantee (Guarantee) in accordance with these Terms and Conditions.
- Information on how to claim forms part of these Terms and Conditions. By making a claim, claimants agree to be bound by these Terms and Conditions. Claims must comply with these Terms and Conditions to be valid.
- The Guarantee commences at 12.01am AEST on 06/09/21 and ends at 11.59pm AEDT on 05/10/21, while sample stocks last (Purchase Period). L’Oréal reserves the right to extend this offer, and any extension will be updated herein by indication of a revised end date. L’Oréal also reserves the right to end this Guarantee earlier than the specified end date if stocks of samples provided with full-sized products purchased are exhausted.
- The Guarantee is open to Australian residents only.
- Claimants under 18 years old must have parental/guardian approval to claim and further, the parent/guardian of the claimant must read and consent to these Terms and Conditions. Parents/guardians may be required by L’Oréal to enter into a further agreement as evidence of consent to the minor submitting a claim in this Guarantee.
- Employees and their immediate families of L’Oréal and its agencies (including printers, suppliers and providers) associated with this Guarantee are ineligible to claim. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first cousin.
- L’Oréal (or its nominated third party) reserves the right to verify the validity of claims and claimants (including a claimant’s identity, address and any information from claimants relevant to their claim) and to reject any claim if, in L’Oréal’s reasonable opinion the claim is false, invalid, fraudulent or ineligible. Errors and omissions may be accepted at L’Oréal's discretion. Failure by L’Oréal to enforce any of its rights at any stage does not constitute a waiver of those rights. L’Oréal's legal rights to recover damages or other compensation from such an offender are reserved.
- Incomplete or indecipherable claims will be deemed invalid.
- To be eligible for the Guarantee, you must:
- purchase any Kérastase Elixir Ultime Product (“Eligible Product”) from www.kerastase.com.au and include the code ‘TRYME’ at checkout;
- the Eligible Product will be delivered with 4x2ml sample sized versions of the Eligible Product (“Sample”), while stocks last;
- try the Sample in accordance with any usage instructions provided with the Eligible Product; and
- if you are not satisfied with the Sample, make a claim in accordance with these Terms and Conditions.
- Claimants must retain their Purchase Order number corresponding to their Eligible Product as proof of purchase.
Claiming the Guarantee
- To claim the Guarantee, you must contact L’Oréal customer service via email, phone or live chat requesting return of the Eligible Product quoting your Purchase Order number for the Eligible Product purchased. Customer service will then send you a return label and initiate the process with Australia Post. You will be required to return the Eligible Product in the original packaging (with return label affixed to the packaging). Contact with L’Oréal customer service requesting return must be made within seven (7) days of receipt of the Eligible Product. L’Oreal must receive return of the Eligible Product within thirty (30) days of delivery of the Eligible Product to the claimant.
- An eligible claimant who submits a valid claim will receive a refund of the price paid by the claimant for the Eligible Product(s), inclusive of GST. Once the Eligible Product is physically received the refund is processed on average within 3-5 business days depending on payment method. The amount will be refunded via the original payment method, and if there are issues with original method customer service will arrange a one-time payment over the phone. Return shipping will be free of charge via the return label provided by L’Oréal customer service.
- The Eligible Product must be returned in the original form in which it was received, not open and in original and unused condition. If this is not the case, a refund will not be provided. Engraved products purchased are not eligible for this offer.
- In the event that a claimant purchases two (2) or more Eligible Products in one order, they are only permitted to claim the Guarantee in relation to one (1) of the Eligible Products purchased. Claimants are eligible to claim the Guarantee up to two (2) times in total (however each claim must relate to a separate order).
- The following standard returns policy applies in addition to this try before you buy offer:
- If you receive a product which has been sent in error, or which doesn't comply with its specification, contact us immediately at [email protected] You must return the affected product to us within 7 working days of you receiving it, in its original form and packaging. Once we receive it, we will inspect it and investigate any claimed defects as quickly as possible. If we determine that the product is defective, or if it has been sent to you in error, we will either refund the price you paid and the postage costs, or we will exchange the product and send you an alternative, at our election.
- We may determine that the product is not defective or has not been sent to you in error, including on the basis that you have not used the product in accordance with its instructions, or if you have failed to take reasonable care, or for some other reason outside of our control. In this case, we may reject your claim, and return the Eligible Products to you at your cost. However, nothing in these Terms and Conditions limits your rights at law.
- If a product is subject to a recall, we will do our best to notify you, and arrange for the product to be returned.
- If you purchase a product as a gift, or otherwise for delivery to someone who isn't you, you consent to us contacting the recipient if we need to, including if there is a recall.
- Please note the standard consumer guarantees apply to the Eligible Product purchased under the Australian Consumer Law. If we give a warranty or guarantee about an Eligible Product, it applies in addition to your other rights and remedies under the Australian Consumer Law, and any other applicable laws. Our Eligible Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Eligible Product repaired or replaced if it fails to be of acceptable quality and the failure does not amount to a major failure
- If there is a dispute as to the identity of a claimant, L’Oréal reserves the right, in its sole discretion, to determine the identity of the claimant.
- L’Oréal’s decision is final and no correspondence will be entered into.
- If a claimant is under the age of 18 years, the Guarantee will be awarded to the claimant's nominated parent or guardian on the successful claimant’s behalf.
- If for any reason a claimant does not submit a claim by the time stipulated by L’Oréal, then the Guarantee will be forfeited.
- Claims are not transferable or exchangeable.
- Claimants consent to L’Oréal using their name, likeness, image and/or voice (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this Guarantee (including any outcome), and promoting any products manufactured, distributed and/or supplied by L’Oréal.
- If this Guarantee is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of L’Oréal, including but not limited to technical difficulties, unauthorised intervention or fraud, L’Oréal reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any claimant; or (b) to modify, suspend, terminate or cancel the Guarantee, as appropriate.
- Any costs associated with making a claim are the claimant’s responsibility.
- The Promoter accepts no responsibility or liability for any delay or failure by the third party to deliver the Guarantee, any delay or receive their claim or failure relating to the Guarantee itself or failure by the third party to meet any of its obligations in these Terms and Conditions or otherwise.
- Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, L’Oréal (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Guarantee.
- Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, L’Oréal (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under L’Oréal’s control); (b) any theft, unauthorised access or third party interference; (c) any claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by L’Oréal) due to any reason beyond the reasonable control of L’Oréal; (d) any variation in Guarantee value to that stated in these Terms and Conditions; or (e) any tax liability incurred by a claimant.
- To the extent possible under law, we exclude all implied terms and warranties, whether statutory or otherwise, relating to these Terms and Conditions, ordering, delivery and the Eligible Products. We will not be liable for any expense or injury (including indirect loss, such as revenue, profits, goodwill or business opportunity) in contract, tort, under statute or otherwise, however caused, including directly or indirectly in connection with these Terms and Conditions, ordering delivery and the Eligible Products. Any liability we have to us is reduced to the extent that you cause or contribute to the loss or damage.
- The Guarantee is provided by L’Oréal Australia Pty Ltd, 564 St Kilda Road, Melbourne, Victoria 3004. ABN 40 004 191 673.
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