Terms & Conditions
- Order acceptance and billing
- Pricing and Payment Policy
- Promotional Codes
- Shipping Policy
- Product Testimonials
- Pro Micro Skin Analysis
- Intellectual Property
- Gift Card Policy
- Limitations of Liability
PLEASE BE INFORMED THAT THIS AGREEMENT CONTAINS AN ARBITRATION REQUIREMENT AND WAIVER OF RIGHT TO BRING CLASS ACTIONS (see below).
YOUR USE OF THE WEBSITE CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THE AGREEMENT. WE RESERVE THE RIGHT TO UPDATE OR MODIFY THIS AGREEMENT AT ANY TIME WITHOUT PRIOR NOTICE. FOR THIS REASON, WE ENCOURAGE YOU TO REVIEW THE AGREEMENT WHENEVER YOU USE THE WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SITES.
If you have any questions about any aspect of your order, please contact our Customer Service department by sending us a message through the Contact Us tab that is accessible via the HELP AND CONTACT link on our Websites or call +(1)888-623- 2880.
Order acceptance and billing
We reserve the right to refuse or cancel an order for any reason, including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud prevention department. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. L'Occitane may request a pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.
By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) of Merchandise. You will not be charged for most orders until the order has shipped, however, you will be charged at the time your order is placed for orders paid for with a gift or e-gift card (collectively, “Gift Card”), PayPal account , and Amazon Payment. Orders placed using PayPal, Amazon Payments, and e-gift card cannot be modified. However, if you need to modify an order that you paid for with funds through PayPal or Amazon Payments, please contact customer service to cancel the existing order and place a new one.
L'Occitane reserves the right at its sole discretion to limit the quantity of Merchandise items purchased per person, per household, per email address, per IP address or per order for any reason. These restrictions may apply to orders placed by the same account, the same credit card, and also to orders that use the same billing, email, IP and/or shipping address. We will notify you that such limits should be applied.
Please note that while we have tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.
L'Occitane reserves the right to refuse or cancel any order for any reason, including, but not limited to, the following situations:
Error in Billing, Payment or Shipping Information
Some orders cannot be processed due to an error in information you have provided, which includes, but is not limited to:
- an incorrect credit card or debit card number, expiration date and/or card security value, or information regarding other payment types
- incorrect billing information (for example, if the billing information you provide is different from information your financial institution has on record)
- an insufficient or incorrect shipping address (including street address, city, state, zip or postal code)
- or any suspected fraudulent information
Errors, Inaccuracies, and Omissions
Occasionally, there may be information on our Websites and in Stores that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Websites or in Stores are inaccurate at any time without prior notice (including after you have submitted your order).
Merchandise Shipping Delay or Unavailability
If an item of Merchandise is delayed out of our distribution center or becomes unavailable, or if there is an error on our Websites relating to the order (for example, an error relating to the price or description of Merchandise), L'Occitane may cancel the order. If this happens we will contact you so you are aware.
Reshipping of Merchandise
The Merchandise sold in our Stores and on our Websites is intended for personal use only, not for resale. Any suspected resale of our Merchandise for personal or business profit is strictly prohibited. We will not accept and reserve the right to cancel orders that appear to be for resale purposes. Any orders found to have characteristics of reselling, such as large quantities, frequent orders, orders by dealers or resellers or the use of freight forwarding, may be canceled in the sole discretion of L'Occitane, and L'Occitane shall have the right to cancel all subsequent purchases from any such customers. For the purposes of this Agreement, reselling shall be defined as purchasing or intending to purchase any Merchandise from L'Occitane for the purpose of engaging in a commercial sale of that same Merchandise with a third party.
Previous Fraudulent Order History
L'Occitane may refuse to accept any order for Merchandise if fraudulent activity is suspected and may refuse to process subsequent orders from customers with a previous fraudulent order history. We also may refuse any orders connected with a previous credit card dispute.
If L'Occitane rejects your order because of an error in pricing or other information about the Merchandise, we will notify you at the email address you provided and ask you whether you would like to re-submit your order to purchase the relevant Merchandise once the information in the order is validated. If we do not receive a response from you within seven days, L'Occitane may cancel the order.
Pricing and Payment Policy
Pricing for Merchandise may be different on our Websites or from prices available in our stores or through our wholesale partners. Merchandise displayed on our Websites is available while supplies last and may be different from products offered in our retail stores. The prices displayed on our Websites are quoted in US dollars and are valid only on the US mainland. L’Occitane reserves the right to update and make corrections to information on our Websites at any time and without warning and will not be held liable for any inaccurate information or for any information that has been omitted from our Websites. Price and availability information are subject to change without notice. In the event that a product is listed at an incorrect price, we shall have the right to refuse or cancel orders placed for the product listed at the incorrect price.
Acceptable Forms of Payment: Visa, MasterCard, Discover, American Express, Amazon Pay, Apple Pay and Pay Pal.
Gift cards can be purchased and redeemed in any L’OCCITANE boutique in the USA. At present, they cannot be redeemed or purchased online. They can however be redeemed by telephone order (1-888-623-2880).
When you purchase Gift Cards, regular shipping charges are added as well as sales tax, if applicable.
Sales tax is collected on total Merchandise orders delivered to: AL, AZ, CA, CO, CT, DC, FL, GA, HI, IL, IN, KS, KY, LA, ME, MA, MD, MI, MN, MO, NE, NC, NJ, NY, NV, OH, PA, RI, SC, TN, TX, VA, WA, WI.
Some states also require us to collect sales tax on shipping charges for Merchandise delivered to: CO, CT, DC, FL, GA, HI, IL, IN, KS, KY, MI, MN, MO, NE, NC, NJ, NM, NY, OH, PA, RI, SC, TN, TX, WA, WI.
Occasionally, L’Occitane offers promotions through e-mails, catalogs, mailings and advertisements. Once you sign up and agree to receive promotional materials from L’Occitane, you will receive e-mail promotions and offers that may include special codes for free shipping or other discount offers. To sign up for our promotions, please visit our Email Signup page.
Offers may vary in store and online. Availability while supplies last and on a first-come first-served basis.
By using our Websites and visiting our Stores, you acknowledge and agree that excessive abuse or misuse of promotional codes and other promotions may result in cancellation of the order or item. In order to allow fair redemption and distribution of promotions to our registered clients, L’Occitane may restrict redemption to one per person, per household, per email, per IP address or per order for any reason. Promotional codes are limited in nature and may expire or discontinue with or without notice. Promotional codes may not be copied, sold, or otherwise shared. They are not redeemable for cash and are subject to cancellation or change at any time for any reason.
Standard shipping generally is free with all orders of $49 or more! Occasionally, L’Occitane offers promotions that feature free shipping with no or a lower minimum purchase requirement. L’OCCITANE reserves the right to modify its shipping policy at any time, without advance notice.
Purchases are shipped from our warehouse in New Jersey and are scheduled arrive within 3 - 10 business days from receipt of your order. For an additional charge per address, we can expedite delivery by DHL to most destinations in 4 business days (processing time included).
L'Occitane is proud to ship via United States Postal Service have been selected as our premier delivery services. However, some packages may be delivered by an alternative carrier. For more information, please call our order department at (888) 623-2880.
|Standard, 48 states
|$4.95||3 - 10 Business Days|
|Standard – PO Box / APO /FPO
|$4.95||3 - 10 Business Days
(APO/FPO orders can take up to 4 weeks)
|Express, 48 states (DHL)
*excludes Alaska, Hawaii & Puerto Rico
|$17.99||4 Business Days (Processing time included)|
*excludes Alaska, Hawaii & Puerto Rico
|$27.99||2 Business Day (Processing time included)|
|Standard for Alaska, Hawaii and Puerto Rico
DHL (if available)
|$17.99||7 - 10 Business Days|
DHL will deliver your package within 3 - 10 business days from receipt of your order. Most of the orders shipped with Standard DHL option on the East Coast can be expected sooner (within 2 - 4 business days). To determine when your package will arrive, please determine the number of Shipping Days to your location from the map below and add two additional days for order processing.
Standard Delivery - PO Box / APO / FPO Delivery
We are able to deliver to PO Boxes, APO and FPO Addresses through DHL. Please note that this service may be tracked up to the point that DHL assumes the delivery and not beyond that point. Please add a few extra days for delivery to PO Boxes, APO and FPO Addresses plus two additional days for order processing.
For an additional fee, we will provide Express Delivery by DHL to most destinations. (Orders received by 3 p.m. ET Monday through Thursday arrive in two to three business days; orders placed Friday and Saturday will arrive on the following Wednesday or later.)
For an additional fee, we will provide Overnight Delivery by DHL to most destinations. If you have questions about the availability of overnight delivery to your shipping location, please check with customer service. (Orders received by 3 p.m. ET Monday through Thursday arrive in two business days; orders placed Friday and Saturday will arrive on the following Tuesday.)
Certain items considered Hazardous Materials (HAZMAT), which include alcohol-based products (e.g., perfumes, etc.), are required by the U.S. Department of Transportation to be shipped by ground-only transport due to air transport restrictions and regulations.
Federal Express and United States Postal Service have been selected as our premier delivery services. However, some packages may be delivered by an alternative carrier. For more information, please call our order department at (888) 623-2880.
We now accept orders with International billing addresses from certain countries. Please visit the checkout process to see if your country is included. If you wish to ship an order internationally, please review our international portal at www.loccitane.com for a list of countries that accept eCommerce orders.
Out of Stock Items
L'Occitane en Provence does not offer back-ordering. If an item is out of stock from your order, you can reach out to our Customer Care Team at 1-866-623-2880 for more information. We apologize for the inconvenience.
Free Shipping promotions do not apply to Alaska, Hawaii or Puerto Rico.
Last updated: 10/12/2022
L’OCCITANE creates every product with care and passion. Should you choose to return a product within 30 days of purchase, we will happily exchange the item or refund the purchase price to the original form of payment, except cash. Items purchased with cash in our boutiques, may only be exchanged or a store credit will be issued . All returns and exchanges must include the original receipt. Exchanges can only be done in a L’OCCITANE boutique.
There are 3 easy ways to return merchandise, gently used products may be returned at L’OCCITANE’s sole discretion.
- You can create an online return on your account via order history or click here. You may also access the Digital Self Service option link on your order confirmation email.
- Return to any US L'OCCITANE boutique. Find your nearest boutique: https://www.loccitane.com/en-us/boutique-locator. Products that have been gently used can be returned in store at the manager's discretion only.
- Return by mail by contacting our dedicated Customer Care team toll free at 1-888-623-2880 or email@example.com. Please have ready your order number to initiate the return process. Refunds will be issued once the returned items are received at the L’OCCITANE warehouse and can take up to 2-3 weeks to process. A shipping fee of $4.95 will be deducted from your refund.
If your order is eligible for a promotional offer that reduces the purchase price of any products or the price of the overall order or includes any gift with purchase (“GWP”) and you subsequently return some portion of the order so that the order no longer qualifies for the promotional offer (including free shipping) or GWP, the GWP must be returned with merchandise submitted for a refund. L’OCCITANE reserves the right in its sole discretion to reduce the refund by the retail value of the unreturned GWP and/or by the additional amount the order would have cost, including shipping, if the order no longer qualifies for the promotional offer or free shipping. Exchanges are not eligible for any past or current promotions.
Any items purchased on SALE or at a discounted price are final and cannot be returned for a refund or exchanged .
This policy applies to purchases made in a L’OCCITANE boutique in the USA or on https://www.loccitane.com/en-us/
If you believe you were overcharged for an item, notify a store associate or call toll free 1-888-623-2880, and we will refund any difference between the price charged and correct retail price.
A written copy of this policy can be provided upon request.
L’OCCITANE reserves the right to modify its return, refund and exchange policy at any time, without notice.
L’Occitane welcomes feedback on your experience with our merchandise. We will publish on our Website both positive and negative comments, so long as the comments, reviews or testimonials (collectively, “Testimonials”) are accurate, constructive and not misleading. If you submit Testimonials that we do not publish on our Website, our customer service department may contact you in order to improve our product quality and service. We also reserve the right to edit all Testimonials for length, spelling, grammar, or for any other reason in our sole discretion so long as the meaning of the Testimonial is not materially altered. By submitting a Testimonial to L’Occitane, you hereby grant to L’Occitane the unrestricted right to use your Testimonial in perpetuity, through any and all media formats and media channels now known or hereinafter developed, without compensation, and to identify the source of the Testimonial by indicating your first name, last initial, city and/or state. Thank you for taking the time to share your thoughts with other L’Occitane customers.
VIP & Elite Policy
Gift Card Policy
L’OCCITANE US gift cards (which term includes e-gift cards) may be redeemed at any L’OCCITANE boutique or outlet store in the USA, online at https://www.loccitane.com/en-us/ or by calling toll free 1-888-623-2880. Gift cards cannot be used to purchase other gift cards. L’OCCITANE gift cards with balances under $10 are redeemable for cash upon request. The balance of a gift card can be checked by calling 1-855-993-2491. Lost or stolen gift cards cannot be replaced.
Pro Micro Skin Analysis Terms and Conditions and Consent
We value your privacy as much as your skin. If you want to experience the PRO MICRO SKIN ANALYSIS, you must be at least 18 years old. As the analysis involves a scan of your skin attributes and will be associated with your name, we are informing you in advance that the analysis will quickly collect and process your personal information. This collected information will be used to provide you with applicable product recommendations. If you want to receive a PRO MICRO SKIN ANALYSIS, please review and indicate your acceptance of the Terms and Conditions.
Terms and Conditions
You understand and agree that the PRO MICRO SKIN ANALYSIS will involve the collection and processing of your personal information, including photographic images of your skin and the physical collection and assessment of sebum. We will not retain or store the information collected from you, and the images and physical specimens will not be used for identification purposes . At your request, the store associate will email you the list of recommended products if you are opted in to receive marketing emails from L’Occitane. If you request the store associate email you the list of recommended products, the product recommendations will be stored and associated with your account.
During the PRO MICRO SKIN ANALYSIS, the associate will use the Magnifying Skin Scanner to capture images in order to analyze attributes of your face’s skin condition and collect sebum from your face using a paper strip. The images and sebum specimen will then be compared to an aggregated and anonymized database of others in your age range to provide a detailed assessment of your skin’s attributes. Based on the results, we will provide you with product recommendations suitable for your skin.
All copyrights, trademarks, trade dress, other intellectual property and materials, including page headers, images, text, illustrations, formats, logos, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials on our Website (collectively, the “IP”) are owned, controlled or licensed by L’Occitane, one of its affiliates or by third parties who have licensed their materials to L’Occitane and are protected by U.S. and international trademark and copyright laws. You may access, view, download, and print the IP and all other materials displayed on our Website for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark or other proprietary designations contained on all IP; (2) do not modify or alter the IP in any way; and (3) do not provide or make available the IP to any third party in a commercial manner. No license, right, title, or interest in any materials or software is transferred to you as a result of your use of our Website or your accessing, viewing, downloading, or printing of the IP. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the IP, our Website or any related software. All software used on our Website is the property of L’Occitane or its suppliers and protected by U.S. and international copyright laws. The IP and software on our Website may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the IP on our Website is strictly prohibited. The compilation (meaning the collection, arrangement, and assembly) of all IP on our Website is the exclusive property of L’Occitane and is also protected by U.S. and international copyright laws.
The trademark and service mark L’OCCITANE, the LOccitane.com domain name and all other graphics, logos, page headers, button icons, scripts, and service names included in or made available through any of our Website are trademarks or trade dress or otherwise the exclusive property of L’Occitane in the United States and other countries.
Categories of Personal Information We Collect
- Information You Voluntarily Provide :
Categories of personal information we collect that you voluntarily provide may include your name, shipping/billing address, telephone number, email address, social media user name, credit card or other payment information, birth date, gender, personal interests, purchase history, beauty and skin/hair care preferences and other information (collectively, “Personal Information”). We receive information you provide to us when you: (1) create an account with us (including a shopping account online, an account to review products, a customer loyalty account or any other type of account); (2) make a purchase; (3) contact us via any customer service method; (4) subscribe for email, text, or other messages; (5) participate in customer research, surveys, sweepstakes or promotions; (6) submit user-generated content via the Website or Services; (7) apply for employment opportunities; (8) work with our associates who provide you with in-store or online Services or otherwise assist you with your product needs and purchases; (9) download or use our Website; or (10) otherwise communicate information to us. The business purposes for which we collect this information is to enable you to purchase or order a product, subscribe to a Service, register to receive emails or newsletters, join our VIP or other loyalty program, participate in a survey, submit a product review or register for a contest, sweepstakes or promotion or otherwise engage with our Services.
If you choose not to provide Personal Information to us, you may be unable to purchase products, take advantage of offers and content in Stores, on our Website, or otherwise access certain aspects of the Services.
- Information Collected from Third Parties :
We may receive information you provide on behalf of third parties, or third parties provide on your behalf, including but not limited to gift recipients, online registrations/purchases, or in-store pick-up. We also may acquire information about you from third parties with whom we have a relationship or otherwise contract with to obtain such information where such third parties have been duly authorized to share such information in accordance with applicable data protection laws. In the event we acquire a business, we may receive information from the seller of such business. Additionally, we may receive information from various consumer reporting agencies and related service providers.
Third parties, such as partners, sponsors or advertisers whose services are promoted or advertised in connection with the Services may request that you provide personal information in order to participate in such offers.
We may combine such third-party data with other information we receive from or about you. L’Occitane may share your Personal Information with third-party partners and may collect Personal Information about you that L’Occitane receives from other sources when you have authorized us to do so or where permitted by applicable laws.
- Information Collected Through Automated Means :
We automatically receive and store certain types of information when you interact with our Website and our Services. The business purpose behind the collection of such automated information is to help make the Website operate more efficiently and to provide analytical information about marketing campaigns. Categories of personal information that we may automatically collect when you use the Services include the Internet Protocol address used to visit the Website along with other electronic markers, identifiers and information about your use of the Services, such as cookies and web beacons. Among the business purposes for which we collect such information is to analyze this data for preferences, trends, Website-usage statistics and to recognize you on return visits. Other information collected through automated means may encompass usage data from your mobile phone or any other device you use to access the Services, including location data if you have provided express consent, which we may also combine with other information about you in order to enhance your experience using the Website and Services.
L’Occitane may use some technologies (collectively, “Tracking Technologies”), to gather Personal Information and non-personal information (which is any information that does not reveal your specific identity) automatically (or passively) whenever you visit or interact with the Services. Some of the Tracking Technologies we use include:
- IP Address Tracking and Clickstream Data - In addition to cookies, our servers automatically collect data about your server’s Internet address when you visit our Website. This information, known as an Internet Protocol address, or “IP Address”, is a number that is automatically assigned to your device by your Internet service provider whenever you are on the Internet. When you view pages from our Website, our servers may record or “log” your IP Address and sometimes your domain name. Our server also may record the page that linked you to us and related information including any ads you may have clicked on. Such information is known as “Clickstream Data”.
- Device Information - We also automatically collect an IP address or other unique identifier information ("Device Identifier") for the computer, mobile device, technology or other device (collectively, "Device") you use to access the Website, Services or on third-party websites that publish our advertising. A Device Identifier is a number that is automatically assigned to your Device when you access a website or its servers, and our computers identify your Device by its Device Identifier. For mobile devices, a Device Identifier is a unique string of numbers and letters stored on your mobile device that identifies it. We may collect certain, non-personal information about the Device you use to access the Services, including but not limited to IP addresses for your Devices, Device identifiers, browser types, browser language and other transactional information that does not personally identify you to, among other things, administer the Website, help diagnose problems with our servers, analyze trends, track users’ web page movements, help identify you and your shopping cart, deliver advertising and gather broad demographic information as well as for fraud prevention purposes.
- User History - L’Occitane may log and use certain usage information about your use of the Services, which may include a history of the Website pages you view, store visits, browsing and transaction history for the business purposes of evaluating the effectiveness of marketing and promotions and to improve your experience with the Website.
- Mobile/Location Information - We may collect additional information from you if you access the Services through a mobile device, for example your unique device identifier, device’s operating system, mobile carrier, or location when you opt in for us to do so. However, the degree to which your location can be identified depends on the device you are using (e.g., laptop, smartphone, tablet) and how you are connected to the internet (e.g., via cable broadband connection, Wi-Fi, etc.). If you enable location services for the online Services, we may collect geo-location data periodically as you use or leave open the Services and provide location-based content and services. We also may collect your location information from your IP address or zip code. We also may use location data internally or in conjunction with our third-party service providers to customize your experience and provide offers that may be relevant to you. Depending on the platform you use to access the online Services (e.g., Apple™ iOS, Google™ Android, Windows, etc.), you may be able to control from within the settings on your wireless Device whether location data is collected.
- In-Store Analytics - We may use certain in-store wireless services to automatically collect non-identifying information about visitors to our stores. If you utilize our Wi-Fi routers in our stores, please note they may capture certain data from mobile devices that interact with the router, including information about your mobile device. Data collected from these in-stores wireless services may be used to provide information about customer flow and visitor demographics.
- Email Interconnectivity - If you receive email from us, we may use certain tools, such as pixels, to capture data related to whether and when you open our emails, click on any links or banners it contains and make purchases. The business purposes are to improve our message content and frequency and gauge your interest in hearing from us.
- Turning Off Tracking Technologies - You can choose to have your computer warn you each time a persistent or session cookie is being sent, or you can choose to turn off such cookies through your browser settings. Each browser is a little different, so look at your browser’s Help menu to learn the correct way to modify your cookies. However, cookie management tools provided by your browser will not remove Flash cookies. To learn how to manage privacy and storage settings for Flash cookies, please click here. It is important to remember that many of L’Occitane’s services may not function properly if your cookies are disabled.
- Network Advertising Initiative - Some of our advertising service providers may be members of the Network Advertising Initiative, which offers a single location to opt out of ad targeting from member companies. However, if you opt-out of receiving targeted ads in this manner, you will continue to receive advertising messages from us after you opt-out, but other members of the Network Advertising Initiative will not be able to target you based on your use of the Services and/or third-party websites. If you would like more information about advertisers’ use of tracking technologies and about your option not to accept these cookies, please click here. If you would like to learn more about how personalized information is collected and to know your choices about not having information used in this manner, please click here.
- “Do Not Track” Signals - You may set your web browser software to reject Tracking Technologies, but, if you do so, certain functionality of the Website may be affected. Moreover, due to the lack of uniformity in the standard for “do not track” signals, we do not act upon or respond to browser “do not track” signals or other similar mechanisms. Go to here or here if you wish to learn more about your options to not accept tracking cookies for the purpose of receiving targeted personalized advertisements. Please note that the-opt out is cookie-based and will only affect the specific computer and browser on which the opt-out is applied.
- Third Parties - We also work with third parties to provide certain functionalities on the Services and to improve the effectiveness of the Services and its content. Separate and distinct from information L’Occitane shares with third parties, third-party companies also may use Tracking Technologies to independently collect and store information about you and your usage of the Services and may combine this information with information they collect from other sources. Please note, we do not control Tracking Technologies used by third parties, and their use may be governed by the privacy policies of the third parties employing the Tracking Technologies.
WHAT DOES L’OCCITANE DO WITH THE INFORMATION IT COLLECTS?
L’Occitane uses Personal Information and non-personal information that it collects from you and about you for the purposes described below. For the avoidance of doubt, L’Occitane may use and disclose non-personal information for any purpose, except where L’Occitane is required to do otherwise under applicable law. If L’Occitane is required to treat non-personal information as Personal Information under applicable law, then L’Occitane may collect, use and disclose it for all the purposes for which L’Occitane collects, uses and discloses your Personal Information. L’Occitane shares customer information with service providers that perform services on its behalf for business purposes pursuant to written agreements and instructions specified by L’Occitane. By using the Website and other in-Store Services, you consent to our use of your Personal Information and non-personal information to target advertising to you. L’Occitane may use the information collected from one portion of the Services on or in connection with other portions of the Services, and L’Occitane may combine information gathered from multiple portions of the Services into a single record. L’Occitane also may use or combine information that L’Occitane collects offline or from third-party sources with your information collected from or through the Services. Additionally, data collected from a particular browser or Device may be used with another computer or Device that is associated with the browser or Device on which such data was collected or transferred to a third party who may be able to track your activity across Devices. L’Occitane may use this Personal Information and non-personal information for the following business purposes:
- Enable Usage - L'Occitane uses the Personal Information it gathers about you to enable and enhance your use of L'Occitane's products and Services, including but not limited to accessing the Services, receiving emails and newsletters, registering for our VIP or other loyalty programs , purchasing products, receiving promotions, participating in forums, surveys and sweepstakes, and receiving requested products and services.
- Data Enhancement - Where authorized under applicable laws, L'Occitane may acquire information from other trusted sources to update or supplement the information that you provided or we collected automatically, such as information to validate or update your address or other Personal Information.
- Customizing Your Experience with the Services - L'Occitane uses the information that it collects and acquires to customize your user experience with the Services, including delivering content to you that we think would be most relevant and of interest to you and providing you with an enhanced experience based on the type of Device you are using.
- Advertising- We use third-party ad servers and ad networks that use Tracking Technologies to collect information about your visits on other services and when you access the Services to send you targeted advertisements. They automatically receive your IP address or Device Identifier when this happens. They also may use Tracking Technologies to measure the effectiveness of advertisements and to personalize the advertising content and to serve you relevant advertisements. We also may use information collected using third-party cookies and beacons on the online Services and in our emails to deliver advertisements about the Services displayed to you on third-party services. These cookies allow us to understand how you clicked to our Website and what pages you visit or click on during your visit to our Website. Understanding how you shop allows us to improve and personalize your shopping experience and speed up your checkout process. We may use technologies such as cookies to provide you with enhanced online display advertising tailored to your interests. Google is one of the companies that we use to serve advertising and perform analytics on some of the online services. We and our third-party vendors, including Google, may use a variety of technologies that passively or automatically collect information about how the Services are accessed and used ("Usage Information"), including but not limited to your browser type, device type, IP address, operating system, application version, the pages served to you, the time you browse, preceding page views, products you viewed or searched for, page interaction information (such as scrolling and mouse-overs) and your use of features or applications on the Website and otherwise as part of the Services to report how our ad impressions, other uses of ad services, and interactions with these ad impressions and ad Services are related to your visits to the Website and use of the Services. To learn about Google Analytics' currently-available opt-outs for the Web, clickhere .
- Google Features and Remarketing- Google is one of the companies that we use to serve advertising and perform analytics on some of the online services. We also use companies like Facebook, Twitter, Instagram, Pinterest, as well as other third parties to help us engage with our customers across different platforms and channels, including for the purpose of targeting advertising toward you. We and third-party vendors, including Google, use first-party cookies created by the site you visit and third-party cookies created by other sites that own some of the content, such as ads or images, you see on the webpage you visit. help implement the above uses of your information. We also use remarketing with Google Analytics (including Universal Analytics) and/or Google AdWords (collectively, “Remarketing”) to advertise online including after you've visited our Website. Remarketing may be based on your interests, location and other information collected about you in compliance with Google's privacy policies. When ad personalization is on, you can choose any info - age and gender, an inferred interest, or a previous interaction with an advertiser - learn more about why it's being used, turn it off, or deactivate personalized ads altogether. You can opt out of receiving personalized Google ads, or customize the ads Google shows you, by clickinghere . You'll still see ads, but they'll most likely be less relevant.
- Statistical Analysis - L'Occitane may perform statistical, and marketing analyzes of user behavior for a variety of purposes, such as to measure interest in the various areas of the Website and Services and L'Occitane products, to better understand purchasing patterns for marketing purposes . L'Occitane also uses third parties to provide L'Occitane with information, reports and analysis about the usage and browsing patterns of users of L'Occitane products and services. Such third parties track and analyze non-personally identifiable usage and volume and statistical information about L'Occitane visitors and customers with respect to the Services and track and analyze anonymous usage and browsing patterns of users of the Services.
- Account Maintenance and Service Updates - L'Occitane may utilize the contact information you provided at registration, such as your telephone number, mailing address and email address, to contact you regarding your account, your subscriptions and other products or services that you have requested or in which you are currently enrolled. These may include order confirmations, notifications about credit card issues, security issues and information about L'Occitane products.
- Emails you send to us - If you send L'Occitane emails, you should be aware that any information provided in an email may not be secure or encrypted and therefore may be available to others. Please exercise caution if you decide to disclose any personal or confidential information in such email, and please be advised that you should not provide detailed credit card information directly to L'Occitane via an unsecure form (such as email). By emailing L'Occitane, you agree that L'Occitane representatives may use your email address to respond to any of your questions or comments.
WITH WHOM DOES L’OCCITANE SHARE THE PERSONAL INFORMATION IT COLLECTS?
L’Occitane may share Personal Information that you provide with select third parties and service providers for certain purposes, such as the following:
- Service Providers - We may contract with companies or persons to provide certain services including credit card processing, shipping, customer service, data analysis and management, promotional, marketing and research services, loyalty program administration, gift card management, administration of surveys and sweepstakes, marketing, detecting fraud or theft, and other services. We provide these service providers with the information necessary for them to perform these services for business purposes pursuant to written agreements and instructions specified by L’Occitane.
- Mobile Carriers - If you access the Services through a Device or app, we also may share your information with mobile carriers, operating systems and platforms.
Personal information about you may be shared, regardless of your “opt-out” status, in the following instances:
SOCIAL MEDIA SERVICES
When you log into the Website through your social media accounts, link your social media accounts with the Services or engage with Services through third-party social media platforms, you understand that you may be allowing us ongoing access to certain information stored on those platforms. In addition, as you interact with the Services, you also may be providing information about your activities to the third-party social media platforms, as applicable. You should make sure that you are comfortable with the information such services may make available to us by visiting the applicable platforms’ privacy policies and/or modifying your privacy settings directly with those platforms.
LINKS TO OTHER WEBSITES
PROTECTION OF YOUR INFORMATION
To prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of information, L’Occitane has put in place appropriate physical, electronic, and managerial procedures to protect the information L’Occitane collects online. Please understand, however, that while we try our best to safeguard your personally identifiable information once we receive it, no transmission of data over the Internet or any social media or other public network can be guaranteed to be 100% secure.
You need to help protect the privacy of your own information, including maintaining the confidentiality of any account information or access credentials. You must take precautions to protect the security of any personally identifiable information that you may transmit over any public or untrusted network by using encryption and other techniques to prevent unauthorized persons from intercepting or receiving any of your personally identifiable information. You are responsible for the security of your information when using unencrypted, open access, public or otherwise unsecured networks.
A SPECIAL NOTE ABOUT CHILDREN AND NON-U.S. USERS
Our Website and Services are not directed to children under the age of sixteen (16), and we do not knowingly collect Personal Information from children under the age of 16. We do not sell consumer Personal Information. Please contact us if you believe we may have collected information from your child through our Website or mobile services and we will work to delete it.
CALIFORNIA PRIVACY RIGHTS
If you are a California resident, the California Consumer Privacy Act of 2018 (“CCPA”) grants you the right to request that we disclose to you, upon our receipt from you of a verifiable request, the following:
(1) The categories of Personal Information we have collected about you.
(2) The categories of sources from which the Personal Information is collected.
(3) The business or commercial purpose for collecting or selling Personal Information.
(4) The categories of third parties with whom we share Personal Information.
(5) The specific pieces of Personal Information we have collected about you.
We do not sell consumer Personal Information. We may from time to time disclose consumer Personal Information for a business purpose, such as operational purposes, or other notified purposes, that are reasonably necessary and proportionate to achieve the operational purpose for which the Personal Information was collected or processed or otherwise is compatible with the context in which the Personal Information was collected.
If you are a California resident, you have the right to request that we disclose to you, upon our receipt from you of a verifiable request, the categories of Personal Information that we have disclosed about you for a business purpose.
If you are a California resident, you also have the right under the CCPA to request the deletion of your Personal Information that we collect. All such requests are subject to verification according to methods determined by us. You may submit a request for the deletion of your Personal Information by sending an email to us.
Even though we do not sell consumer Personal Information, if you are a California resident, you also have the right under the CCPA to opt-out of the sale of your Personal Information. All such requests are subject to verification according to methods determined by us. You may submit an opt-out request by sending an email to us or by clicking the “Do Not Sell My Personal Information” link on the Website.
Upon our receipt of a request by a California resident to exercise rights under the CCPA, we first must verify that the person making a request is the consumer about whom we have collected information. Accordingly, we will ask you to confirm your date of birth and postal address, and we also may request a copy of your valid government-issued identification.
You have the right not to receive discriminatory treatment for the exercise of the privacy rights conferred by the CCPA. However, nothing prohibits us from charging a consumer a different price or rate, or from providing a different level or quality of goods or services to the consumer, if that difference is reasonably related to the value provided to the consumer by the consumer’s data.
You may exercise any of the California Privacy Rights described in this section by sending such a request to us by email. We may ask you to verify your identity before taking further action on your request. Consistent with California law, you may designate an authorized agent to make a request on your behalf. In order to designate an authorized agent to make a request on your behalf, you must provide a valid power of attorney, a copy of your valid government-issued identification and your authorized agent’s valid government-issued identification.
Please note that we are not required to comply with a California resident’s request to delete Personal Information if it is necessary for us to maintain the Personal Information in order to:
(1) Complete the transaction for which the Personal Information was collected, provide a good or service requested by the consumer, or reasonably anticipated within the context of our ongoing business relationship with the consumer, or otherwise perform a contract between us and the consumer.
(2) Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity.
(3) Debug to identify and repair errors that impair existing intended functionality.
(4) Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law.
(5) Comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code.
(6) Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, if the consumer has provided informed consent.
(7) To enable solely internal uses that are reasonably aligned with the expectations of the consumer based on the consumer's relationship with us.
(8) Comply with a legal obligation.
(9) Otherwise use the consumer's Personal Information, internally, in a lawful manner that is compatible with the context in which the consumer provided the information.
If you are a California resident under 18 years old and a registered user of the Website, you can request that we remove content or information that you have posted to our Website or other online services. Note that fulfillment of the request may not ensure complete or comprehensive removal (eg, if the content or information has been reposted by another user). To request removal of content or information, please call 888-623-2880 or email such request to firstname.lastname@example.org . If you would like to mail your request, please direct it to:
Attn: Legal Department
111 West 33rd Street , 20th Floor New
York, NY 10120
We will begin to process your request within 30 days of our receipt.
NOTICE OF FINANCIAL INCENTIVES
L’Occitane may offer discounts, coupons and other benefits to consumers who provide their personal information by signing up for our VIP loyalty program, opting in to marketing emails or text messages, participating in a marketing campaign (such as, Refer-A-Friend) or submitting a sweepstakes entry or survey response. The categories of personal information implicated by the financial incentive may vary, but typically will include your name, email and postal addresses, phone number, date of birth, gender, product preferences, skin care concerns and other interests and factors, depending on the offer. There is no obligation to opt in and consumers may opt out at any time. We do not calculate the value of consumer data in our accounting statements. However, to the extent these marketing programs involve the collection of personal information, California law may deem them to be financial incentives for which we must provide a disclosure to you. Based on our reasonable and good faith method, we estimate the value of your personal information to correlate to the value of the discount we provide to you after deducting the expenses related to the discount and factoring in the number of participants that take advantage of any promotional offer.
You may withdrawal from any of the financial incentives by contacting Customer Care at 1-888-623-2880, by email through our Help and Contact page, or by unsubscribing from our marketing emails by clicking on the "unsubscribe" link that is provided at the bottom of the latest L'Occitane email you received.
NEVADA PRIVACY RIGHTS
For Nevada residents, please note that we do not sell personal information as defined by Nevada law. Nevertheless, you have the right to submit a request directing us not to sell any of your personal information. To request email confirmation that we do not sell your personal information, please email your request to us at email@example.com and specify in the subject line: Nevada Privacy Information Request.
OPTING-OUT, CORRECTIONS AND CANCELLATIONS
To opt out of receiving marketing emails from us, follow the unsubscribe instructions located near the bottom of each email, or email your unsubscribe request to firstname.lastname@example.org . For the avoidance of doubt, it is important to understand that this opt-out shall not prohibit any disclosures made for non-marketing purposes.
Please note that even if you opt out of receiving marketing emails, we may continue to send you such communications by direct mail unless you opt out of direct mail, as specified below.
L'Occitane collects postal mailing address information from you so that L'Occitane may fulfill the orders you submit and to inform you of L'Occitane programs, products and services in which you may be interested. You have the right to opt out of receiving postal mailings from L'Occitane. If you do not wish to receive postal mailings, including printed offers, from L'Occitane in the future, please send an email to email@example.com or write to us at the address listed below.
Attn: Legal Department
111 West 33rd Street , 20th Floor New
York, NY 10120
If you have any questions or concerns about our privacy policies and practices, you may contact customer service by clicking here .
Gift Card Policy
Please refer to loccitane.com/en-us for additional Terms and Conditions. L'OCCITANE US gift cards (which term includes e-gift cards) may be redeemed at any L'OCCITANE boutique or outlet store in the USA, online at https://www.locitane.com/en-us/, or by calling toll free 1-888-623-2880. Gift cards cannot be used to purchase other gift cards. L'OCCITANE gift cards with balances under $10 are redeemable for cash upon request. The balance of a gift card can be checked by calling 1-855-993-2491. Lost or stolen gift cards cannot be replaced.
L'Occitane eGift Cards are distributed by CashStar, Inc., a Delaware corporation ("CashStar"). By visiting loccitane.cashstar.com, you agree that the laws of the State of Maine, without regard to principles of conflict of laws, will govern these eGift Card terms and conditions ("Ts & Cs"). L'Occitane and CashStar reserve the right to change these Ts & Cs from time to time in its discretion.
You may not return or cancel your L'Occitane eGift Card after it an order is processed. Purchasers who wish to cancel an eGift Card order purchased prior to its delivery to a recipient should contact Customer Support.
Lost or Stolen eGift Cards
If you suspect that someone has copied or stolen your eGift Card, contact Customer Support immediately. Lost or stolen eGift Cards will not be replaced without proof of purchase. eGift Cards have cash value and should be safeguarded accordingly.
The maximum value that can be associated with any one eGift Card is five hundred dollars ($500.00), and total purchases for any one individual may not exceed ten thousand dollars ($10,000.00) in one calendar day. You may not use an eGift Card to purchase other eGift Cards.
eGift Cards cannot be reloaded, resold, transferred for value, or redeemed for cash, except to the extent required by law. Void if reloaded, resold, transferred for value, or redeemed for cash.
Please note: The purchase value of eGift Cards does not apply to promotional offers.
Risk of Loss
Ownership and risk of loss of eGift Cards passes to the purchaser as soon as the purchaser receives confirmation of the purchase. L’Occitane and CashStart are not responsible for lost or stolen eGift Cards. If you have any questions, please see the FAQs.
L'Occitane eGift Card Customer Service
If you need assistance with any aspect of your purchase, ownership, or use of your eGift Card, please contact Customer Support. Please refer to your order number, or be ready to supply your email address.
L'Occitane eGift Cards may be paid for with a valid VISA, MasterCard, Discover, American Express card, or with PayPal. Please note that PayPay may impose fees for purchases through its service.
Delivery Information and Requirements for eGift Card Purchasers
All orders of eGift Cards are subject to a process that compares purchaser information provided on the Web sites with information about the purchaser provided by the purchaser's financial institution. If there is a discrepancy, your eGift Card order may be delayed until it can be corrected.
If you have concerns about your order, please contact Customer Support. Please refer to your order number, or be ready to supply your email address.
We are not responsible for eGift Cards that are undeliverable or not received due to your failure to enter an accurate email address for the recipient. Please check to make sure the email address of the recipient is correct and contact Customer Support if you suspect the recipient did not receive his/her eGift Card. Should an email be returned to us due to inaccurate delivery information for the recipient, we will attempt to contact you for a valid email address.
Reasons for Failed Delivery
eGift Cards are delivered via email. If you have confirmed the recipient's email address but the eGift Card has not been viewed within a reasonable period after the requested delivery date, following is a list of the most common reasons why delivery may have failed:
- Spam filter blocked email or routed it to a bulk/spam folder
- Recipient's firewall blocked the email
- Email inbox is over size limit
- Invalid email address
L'Occitane eGift Cards are redeemable for merchandise at L'Occitane store locations in the US and online at loccitane.com/en-us.
L'Occitane eGift Cards are available for purchase at https://loccitane.cashstar.com/ .
No fees of any kind will be imposed on purchasers or recipients of eGift Cards.
Refer to https://loccitane.cashstar.com/about/terms_and_conditions/ or Terms and Conditions of redemption.
View Your Balance
To view your eGift Card balance, go to Help and Contact or call Customer Support 1-888-623-2880.
If a spam filter is blocking firstname.lastname@example.org emails from getting to an inbox, the email options will need to be modified so that email@example.com emails are not considered spam.
If you need further assistance, contact Customer Support. Please refer to your order number, or be ready to supply your email address.
If you wish to add a personal message to an eGift Card, simply type your message in the Message field during the purchase process.
Personal messages are limited in length to the space provided on the eGift Card, or to the space provided on the presentation carrier of a physical Gift Card.
There is no additional charge to include a personalized message.
If we find inappropriate, offensive or otherwise objectionable messages, we reserve the right to cancel them. Thanks for your cooperation.
You may upload your own image for display on an eGift Card. This feature is not available for physical eGift Cards at this time.
There is no additional charge to include your own image.
We reserve the right to reject or replace inappropriate, offensive, or otherwise objectionable images.
We reserve the right to reject or replace images that infringe upon third party trademarks or copyrights or that are otherwise deemed in our sole discretion to violate the law.
Limitation of Liability
CASHSTAR AND ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EGIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IF AN EGIFT CARD CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH EGIFT CARD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS THE FOREGOING PROVISION REGARDING THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES DOES NOT APPLY TO NEW JERSEY RESIDENTS..
You hereby consent that any dispute primarily arising from these Ts & Cs or the use of L'Occitane eGift Cards shall be adjudicated in Cumberland County, Maine if the aggregate total claim for relief exceeds $7,500, and you consent to exclusive jurisdiction and venue in such courts.
L'Occitane eGift Card, powered by CashStar
If you are returning flammable liquids, such as fragrance items, you may only mail these items via surface transportation in accordance with USPS Publication 52, section 343. Full responsibility rests with you to comply with all postal and non-postal statutes and regulations regarding mail. Information regarding postal statutes, regulations, and mailing requirements is available from your local Postmaster or district manager, Business Mail Entry, and at the Postal Service’s mailing standards website at www.usps.com
Comments, Feedback and Other Submissions
L’Occitane welcomes feedback on your experience with our Merchandise and thanks you for taking the time to share your thoughts with other L’Occitane customers. We will publish comments our Websites, so long as the comments, reviews or testimonials (collectively, “Testimonials”) are accurate, constructive and not misleading. If you submit Testimonials that we do not publish on our Websites, our customer service department may contact you in order to improve our product quality and service. We also reserve the right to edit all Testimonials for length, spelling, grammar, or for any other reason in our sole discretion so long as the meaning of the Testimonial is not materially altered. By submitting a Testimonial to L’Occitane, you hereby grant to L’Occitane the unrestricted right to use your Testimonial in perpetuity, through any and all media formats and media channels now known or hereinafter developed, without compensation, and to identify the source of the Testimonial by indicating your first name, last initial, city and/or state.
While we welcome your comments and feedback regarding our Websites, our products and our services, we do not, however, accept confidential or proprietary information. Accordingly, all comments, feedback, ideas, suggestions, materials, information and other submissions disclosed, submitted or offered to L’Occitane using these Websites or otherwise (collectively, “Comments”) are not confidential and will become and remain L’Occitane's property. The disclosure, submission or offer of any Comments will constitute an assignment to L’Occitane of all worldwide rights, titles and interests and goodwill in the Comments without payment of any compensation. Comments submitted by you must not violate any right of any third party, and must not contain any libelous, abusive, obscene or otherwise unlawful material.
All copyrights, trademarks, trade dress, other intellectual property and materials, including page headers, images, text, illustrations, formats, logos, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials on our Websites (collectively, the “IP”) are owned, controlled or licensed by L’Occitane, one of its affiliates or by third parties who have licensed their materials to L’Occitane and are protected by U.S. and international trademark and copyright laws. You may access, view, download, and print the IP and all other materials displayed on our Websites for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark or other proprietary designations contained on all IP; (2) do not modify or alter the IP in any way; and (3) do not provide or make available the IP to any third party in a commercial manner. No license, right, title, or interest in any materials or software is transferred to you as a result of your use of our Websites or your accessing, viewing, downloading, or printing of the IP. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the IP, our Websites or any related software. All software used on our Websites is the property of L’Occitane or its suppliers and protected by U.S. and international copyright laws. The IP and software on our Websites may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the IP on our Websites is strictly prohibited. The compilation (meaning the collection, arrangement, and assembly) of all IP on our Websites is the exclusive property of L’Occitane and is also protected by U.S. and international copyright laws.
The trademark and service mark L’OCCITANE, the domain names associated with the Websites and all other graphics, logos, page headers, button icons, scripts, trademarks and service marks included in or made available through any of our Websites are trademarks or trade dress or otherwise the exclusive property of L’Occitane in the United States and other countries.
Right to Change Websites
We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue the Websites or any service, content, feature or product offered through the Websites, with or without notice; charge fees in connection with the use of the Websites; modify and/or waive any fees charged in connection with the Websites; and/or offer opportunities to some or all users of the Websites. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Websites, or any service, content, feature or product offered through the Websites.
Links to Other Websites and Services
The Websites may include links to other Internet sites maintained by third parties (“Linked Websites”). L’Occitane provides Linked Websites to you solely as a convenience. L’Occitane has no responsibility for the Linked Websites, and the inclusion of Linked Websites does not imply endorsement by L’Occitane of the Linked Websites. You access Linked Websites at your own risk and by accessing them you leave the Websites. Linked Websites are not under the control of L’Occitane, and your activities may be governed by other terms and conditions and privacy policies. L’Occitane is not responsible for the contents of any Linked Site.
Dispute Resolution and Arbitration Agreement
Informal Dispute Resolution
Notwithstanding anything to the contrary above, with the significant costs arising from legal disputes, not only in dollars but also in time and energy, both you and L’Occitane agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Websites, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it (“Dispute”), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notices shall be sent
- To L’Occitane at: L’Occitane Inc., Legal Department, 1430 Broadway, 2nd Floor New York, NY 10018, or
- To you at: your last-used billing address or the billing and/or shipping address in your online profile.
Both you and L’Occitane agree that this dispute resolution procedure is a condition precedent that must be satisfied prior to initiating any arbitration or filing any claim against the other party.
To the extent you cannot resolve any Dispute through the informal dispute resolution procedure described above, a Dispute shall be resolved through binding individual arbitration (“Arbitration Agreement”). You agree to give up your right to go to court to assert or defend your rights under this Agreement and with respect to any Dispute. You and L’Occitane expressly delegate to the arbitrator the authority to determine the arbitrability of any Dispute, including the scope, applicability, validity, and enforceability of this arbitration provision.
You may begin an arbitration proceeding by sending a letter requesting arbitration to L’Occitane, Attn: Legal Dep’t, 1430 Broadway, 2nd Floor New York, NY 10018. You agree that the arbitration shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the Dispute, the parties shall agree to another arbitration provider. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s applicable rules. L’Occitane will reimburse those fees for claims totaling less than $10,000. L’Occitane. waives its right to seek attorneys’ fees and costs in arbitration. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually-agreed location.
This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act. The terms of the Arbitration Agreement provisions shall survive after this Agreement terminates or your use of the Websites ends.
In lieu of arbitration, either you or L’Occitane may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim.
Waiver of Right to Bring Class Actions and Representative Claims
All arbitrations shall proceed on an individual basis, and not on a consolidated, representative or collective action basis. The arbitrator is empowered to resolve the Dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other customer. You and L’Occitane agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you and L’Occitane hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.
Limitation of Liability
OUR WEBSITES ARE PROVIDED BY L’OCCITANE ON AN “AS IS” AND “AS AVAILABLE” BASIS. L’OCCITANE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR WEBSITES. YOU ACKNOWLEDGE, BY YOUR USE OF OUR WEBSITES, THAT YOUR USE OF OUR WEBSITES IS AT YOUR SOLE RISK. L’OCCITANE DOES NOT WARRANT THAT YOUR USE OF THE WEBSITES WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THE WEBSITES OR THE SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS
This provision does not apply to New Jersey residents.