Terms & Conditions
- Introduction
- Order acceptance and billing
- Pricing and Payment Policy
- Promotional Codes
- Shipping Policy
- Returns
- Product Testimonials
- VIP & Elite Policy
- Pro Micro Skin Analysis
- Intellectual Property
- Privacy Policy
- Gift Card Policy
- Indemnification
- Disclaimer
- Limitations of Liability
- General
Introduction
The following terms and conditions (“Terms of Use”) govern your use of our Websites and apply when you purchase products on our Websites and in Stores, including gift cards and e-gift cards (“Merchandise”), from L'Occitane. Your continued use of the Websites constitutes your agreement to follow and be bound by the Terms of Use (“Agreement”). By placing an order for Merchandise through loccitane.com/en-us or any L'Occitane-owned or affiliated Internet sites or Stores, including but not limited to usa.Erborian.com and usa.lecouventdesminimes.com, mobile sites, or mobile applications (collectively our “Websites”), accessed via a user’s computer, mobile, e-reader, tablet or other device (“Device”) used to access the online services, and applications and websites affiliated with L’Occitane goods and services (Collectively, the “Online Services”) or by phone, you accept these Terms of Use and agree to be bound by them. The Websites and stores are provided as a service to our customers.
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
Orders are subject to verification and acceptance before shipping. All billing information provided must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms of Use and may result in our cancellation of your order. Prior to accepting an order, L'Occitane reserves the right to request additional information from you to verify your identity and validate the billing information to process your order.
We reserve the right to refuse or cancel an order for any reason, including limitations on quantities available for purchase, inaccuracies, 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 applicable 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, PayPal account, and Amazon Payment. Orders placed using PayPal, Amazon Payments, and e-gift cards 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 security card 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).
- 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 is 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 displayed 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 PayPal.
Gift cards can be purchased and redeemed at 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.
Promotional Codes
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.
Shipping Policy
Standard shipping is generally 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 to 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, which has been selected as our premier delivery service. However, some packages may be delivered by an alternative carrier. For more information, please call our order department at +(1)888-623- 2880.
METHOD | COST | ORDER ARRIVAL |
---|---|---|
Standard, 48 states (DHL) | $5.95 | 3 - 10 Business Days |
Standard – PO Box / APO / FPO (DHL) | $5.95 | 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) |
Overnight (DHL) *excludes Alaska, Hawaii & Puerto Rico |
$27.99 | 2 Business Days (Processing time included) |
Standard for Alaska, Hawaii and Puerto Rico (DHL if available) | $17.99 | 7 - 10 Business Days |
Standard Delivery
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.
Express Delivery
For an additional fee, we will provide Express Delivery by DHL to most destinations. (Orders received by 3 pm ET Monday through Thursday arrive in two to three business days; orders placed Friday and Saturday will arrive on the following Wednesday or later.)
Overnight Delivery
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 pm ET Monday through Thursday arrive in two business days; orders placed Friday and Saturday will arrive on the following Tuesday.)
Hazardous Materials
Certain items considered Hazardous Materials (HAZMAT), which include alcohol-based products (e.g., perfumes), are required by the US 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.
International Orders
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.
Shipping Promotions
Free Shipping promotions do not apply to Alaska, Hawaii or Puerto Rico.
Returns Policy
Last updated: 07/30/2024
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 may only be exchanged or returned for a credit. Merchandise can be returned or exchanged to any US L’OCCITANE boutique with the original receipt. Products that have been gently used can be returned at the manager’s discretion only.
There are 3 easy ways to return merchandise:
- 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. 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 contact.en-us@loccitane.com. Please have your order number ready 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 $5.95 will be deducted from your refund.
If your purchase included a gift with purchase (“GWP”), please return it with your merchandise to be returned or exchanged. L’OCCITANE reserves the right to reduce any eligible refund by the retail value of the unreturned GWP.
Any items purchased on SALE 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 www.loccitane.com.
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.
Product Testimonials
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, media channels now known or hereinafter developed, and third-party sites, without compensation. Furthermore, you hereby grant L'Occitane the right 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
If you register for the L'OCCITANE VIP Program, all personal information you provide will be used in accordance with our privacy policy available on usa.loccitane.com, and you agree to be bound thereby.
By registering for the L'OCCITANE VIP Program, you also authorize us to contact you by mail, email, telephone, or text with promotional communications, and you may opt out of any method at any time by speaking to a Beauty Advisor or calling toll-free 1-888-623-2880.
Information that you provide to enroll in the L'OCCITANE VIP program will be used in accordance with our privacy policy available here.
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 characteristics 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 information collected 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
These Terms and Conditions apply to our use of your personal information that you provide and that we collect from you during the PRO MICRO SKIN ANALYSIS session. These terms and conditions are in addition to those set forth in L'Occitane's Privacy Policy.
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 to 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 characteristics. Based on the results, we will provide you with product recommendations suitable for your skin.
You may have the right to request deletion of data about you at any time. Please refer to our Privacy Policy for how to submit such a request.
To receive a PRO MICRO SKIN ANALYSIS, your consent to these terms and conditions is required in advance. By proceeding with the PRO MICRO SKIN ANALYSIS session, you understand, agree to, and accept the above terms and conditions and provide your consent to L'Occitane to collect and process your personal information for the purposes of preparing and providing you with a personalized skin assessment and product recommendations based on the assessment. In addition, to participate in the PRO MICRO SKIN ANALYSIS session, you also agree to and accept the L'Occitane Privacy Policy and Terms and Conditions, including the mandatory arbitration requirement. L'Occitane may periodically update these terms and conditions.
Intellectual Property
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 US 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 US 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 US and international copyright laws.
The trademark and service mark L'OCCITANE, the L'Occitane.com domain name, and all other graphics, logos, page headers, button icons, scripts, and service names included 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.
Privacy Policy
[Last Updated and Effective as of February 15, 2025]
Important Update
L’Occitane, Inc. (“L’Occitane,” “we” or “us”) has updated its Privacy Policy effective as of March 1, 2025 (“Effective Date”). By using this Website and the Services, you consent to the terms of this Privacy Policy.
Overview
This website is owned and operated by L'Occitane. References to “L'Occitane,” may include its parent and affiliates. This Privacy Policy describes how we collect, use and disclose your personal information when you visit or shop on this Website or our stores, engage with us on social media, or when you otherwise interact with us or participate in any of our programs or events, including any transactions you make with us online, in-store or through other means, including but not limited to any L'Occitane-affiliated website or application accessed via a computer, mobile device, e-reader, tablet or other device in order to access the online or in-store Services, applications or other websites affiliated with L'Occitane, its or their goods and services, or through other applications or means by which you interact with third-parties with whom we have agreements (collectively, the “Services”). This Privacy Policy is incorporated into and subject to the terms of use of this Website (“Terms and Conditions”). Each time that you access or use the Services or have other interactions with us, whether online or in-store, that shall constitute your acceptance of this Privacy Policy and your consent to the Terms and Conditions described herein, and you thereby signify that you have read, understand and agree to be bound by the Terms and Conditions and this Privacy Policy. You understand and agree to be bound by the Terms and Conditions and this Privacy Policy. If you do not agree to the Terms and Conditions and this Privacy Policy, you must discontinue using our Services. Unless otherwise defined in this Privacy Policy, capitalized terms herein shall have the meanings ascribed to them in the Terms and Conditions.
Changes to this Privacy Policy
From time to time, L'Occitane may update its Privacy Policy, and it is subject to change. L'Occitane will post the new Privacy Policy on the Website and in Stores with a new effective date to notify you of these changes. The new Privacy Policy will apply to all current and past users of the Services as of its Effective Date and will replace any prior policies. In addition, by accessing the Services on or after the Effective Date, you are deemed to consent to our then-current Privacy Policy.
Categories of Personal Information We Collect and How We Collect Personal Information
- 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:
If you access any of the Services with your log-in credentials from a third-party social media site, application or platform (e.g., Facebook, Google or Instagram and collectively, “Platform”) or if you otherwise agree to associate your account with us through a Platform, we may receive Personal Information about you from such Platform in accordance with the terms of use and privacy policy of the respective Platform. We may add this information to the information we have already collected from you via our stores, Website, mobile applications and any other aspect of the Services.
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-parties 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 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.
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:
- Cookies - Cookies are pieces of information that are stored by your browser on your computer's hard drive. Cookies make web surfing easier for you by saving your customer identification information (i.e., username, password, shopping cart information, etc.) while you're at a site. Cookies also track where you travel on a site, what you have searched, and what you look at and purchase. You can learn more about how third-party advertising companies use cookies, including how to opt-out, by clicking here. Please read the explanation carefully should you choose to opt-out using this method. We may also use technologies, such as our own cookies, to provide you with personalized online display advertising tailored to your interests. To opt-out of our cookies used for this online advertising, click here.
- Pixels (also known as web beacons) - This is a type of code that is embedded in a website, video, email, or advertisement that sends information about your use to a server. There are various types of pixels, including image pixels (which are small graphic images) and Code pixels (which contains code such as JavaScript code). When you access a website, video, email, or advertisement that contains a pixel, the pixel may permit us or a separate entity to drop or read cookies on your browser. Pixels are used in combination with cookies to track activity by a particular browser on a particular device. We may incorporate pixels from separate entities that allow us to track our communications, bring you advertising both on and off the Website, and provide you with additional functionality, such as the ability to connect our Website with your social media account.
- 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 may also 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.
- Browing Session Information - We use technologies that maintain records of your browsing session, chats, and other activities on our Website. These technologies may include session replay that maintains a record of your browsing session interactions with our Website, chat providers that maintain a transcript of your chats, cookies, pixels, and other tracking technologies that share some of your interactions with our Site, as well as other technologies that collect and share your interactions with our Website. We use this information for quality control, customer service, fraud prevention and security, and marketing purposes and in accordance with our Privacy Policy.
- 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 the Services open 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.
- 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. 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 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 use 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.
We respect your privacy choices. Certain states grant their residents various privacy rights, which are spelled out in this Privacy Policy. We do not sell your Personal Information for money or other tangible compensation, but, with your consent, we “share” your Personal Information with third parties for various purposes, including to help us provide the Services and to provide you with relevant ads. Some states treat this activity as a “sale” or “sharing” of Personal Information and require that we provide you with notice of your right to opt out of the “sale” or “sharing” of your Personal Information, including for use with targeted advertising.
You may exercise your right to opt out of the “sale” or “sharing” of your Personal Information, including for use with targeted advertising, through the following methods:
- Go to our Help and Contact page, and click on the "Contact Us" button. In the field for “My request concerns”, click on the drop-down menu to select “Do Not Sell/Share My Personal Info,” and then fill in the applicable fields for your first name, surname and email address.
- Call Customer Care at 1-888-623-2880.
- If the browser you use to visit our website has been enabled with an opt-out preference signal, such as the Global Privacy Control (GPC), we will honor that as a request to opt-out of the sale or sharing of your Personal Information for targeted advertising, however, if you are not logged into your L'Occitane account or do not have an account, then your opt-out request will be linked to your browser identifier only.
- If you have not enabled the GPC or another opt-out preference signal, then in order to complete your request as per point 1 above, you also may exercise your right to opt out of the collection of Personal Information by adjusting your where you can make your desired selections about the Personal Information you choose to share or not.
You have the right to appeal our decision by sending an email to contact.en-us@loccitane.com with “Appeal” as a subject. Our data protection team will review your appeal request and provide a response within 30 days of its receipt.
- 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 contact.en-us@loccitane.com. 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 contact.en-us@loccitane.com or write to us at the address listed below.
Upon your request, L'Occitane will provide you with its record of the Personal Information you gave L'Occitane at registration. For security reasons, this information will only be sent to the email address on file for the registered customer associated with it. If you have any questions about this Privacy Policy or would like L'Occitane to correct any of your Personal Information, you can email your corrections to contact.en-us@loccitane.com. We will endeavor to comply with your requests as soon as reasonably possible, but changes may not be effective immediately. Unless required by law, we are not responsible to inform third parties with whom we have already shared your information of any changes requested pursuant to this section. We are not responsible for removing information or causing information to be removed from the databases or records of such entities. If you would like to mail your inquiry, please direct it to:
L'Occitane, Inc.
Attn: Legal Department
111 West 33rd Street, 20th Floor New York, NY 10120
Email: contact.en-us@loccitane.com
Even if you opt out of the “sale” or “sharing” of your Personal Information, including for use with targeted advertising, you will still receive advertisements, but they will be more general in nature. Please note that we may continue to collect and share Personal Information about you with other third parties, including to continue providing Services to you where the sharing of your Personal Information is for purposes other than targeted advertising and as permitted by law.
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 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 collected from multiple portions of the Services into a single record. L'Occitane also may use or combine Personal Information and non-personal information that L'Occitane collects offline or from third-party sources with your Personal Information and non-personal 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 - 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 provide or we collect 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, pixels and beacons on the online Services and in our emails to deliver advertisements about the Services displayed to you on the third-party services. These cookies allow us to understand how you clicked through 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, click here.
- 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 towards 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 that you see on the webpage you visit to help implement the above uses of your information. We also use remarketing with Google 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 information - age and gender, an inferred interest, or a previous interaction with an advertiser – to 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 clicking here. You'll still see ads, but they'll most likely be less relevant.
- Statistical Analysis - L'Occitane may perform statistical, and marketing analyses 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 us with information, reports and analyses 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.
- Archival Purposes - Personal Information and other information that you provide to us in the course of using the Services may be collected and stored in our cloud environment and our subprocessors’ systems. We may retain information from canceled or deleted accounts to comply with the law, prevent fraud, assist with investigations, resolve disputes, analyze or troubleshoot programs, enforce our terms of use, or take other actions permitted by law. We also may retain information to prevent re-registration in the event that your account has been suspended or terminated or to create an archival copy of your information, which may be used by us for recordkeeping, investigative and internal purposes. We retain Personal Information for as long as necessary to fulfill purposes outlined in this Privacy Policy unless a longer retention period is required by law. Retention periods vary depending on the categories of data and purposes of uses. Criteria utilized to determine the retention period include legal and contractual requirements, data sensitivity, express individual consent for a specific period, automated mechanisms to delete information and deletion requests from individuals.
To learn more about how Google uses cookies in advertising, you can visit the Google ad and content network privacy policy located here. L'Occitane also uses third-party services for remarketing L'Occitane's products and services, such as Customer Match via the Google platform and Custom Audiences via the Facebook platform, among other services provided by other companies, whereby we will deliver targeted ads to you on other websites based on the matching of your email address when you visit third-party websites where you are registered under the same email address. By using the Website and Services, you consent to our use of your email and other Personal Information for us to target advertising to you. If you want to opt-out of remarketing, please email us at contact.en-us@loccitane.com>.
With Whom Does L'Occitane Share The Personal Information It Collects?
Categories of personal information we share, “sell” or disclose to third parties to conduct our business operations:
- Internet or other electronic network activity information, such as cookies, browsing or Website navigation;
- Identifiers and Customer record information, such as your name, mailing and email address;
- Demographics, such as gender and age;
- Commercial information, such as your purchase history;
- Geolocation data, such as location information about you or your device; and
- Audio, electronic, visual or similar information, such as recordings of your calls to Customer Care.
That information is shared with the following categories of third parties:
- Customer relationship platforms;
- Legal, risk and security platforms;
- Data analytics providers;
- Internet service providers; and
- Advertising networks.
We share or “sell” the following categories of information for targeted advertising purposes:
- Internet or other electronic network activity information, such as cookies, pixel, or tracking tags;
- Identifiers and Customer records information, such as your name and email address;
- Demographics, such as age and gender;
- Commercial information, such as your purchase history; and
- Geolocation data, such as location information about you or your device.
That information is shared with the following categories of third parties:
- Social networks;
- Merchant partners; and
- Advertising networks.
L'Occitane may share Personal Information that you provide with select third parties and service providers for certain purposes, such as the following:
- Partner Products & Services Offered on the Services - If you provide Personal Information to third parties, such as partners, sponsors or advertisers whose services are promoted or advertised in connection with the Services, you may be providing your information to both L'Occitane and the third party. Your Personal Information will be subject to this Privacy Policy as well as the privacy policy and practices of such third party. L'Occitane cannot and does not provide any guarantees or warranties as to the nature of a third party's use of your Personal Information.
- 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:
- Compliance with Law - L'Occitane may release Personal Information, Usage Information and Device Identifier (including IP address) if it is required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on L'Occitane; (2) protect and defend the legitimate business interests, rights or property of L'Occitane, its users, marketing partners, customers, or affiliates; (3) to verify or enforce our Terms and Conditions or other applicable policies; and (4) otherwise to protect the rights, property, safety, or security of third parties, users of the Services or the public.
- Organizational Changes - Should L'Occitane undergo a sale, merger, consolidation, change in control, transfer of substantial assets, reorganization or liquidation, L'Occitane's accumulated customer information will be treated as an asset and, like other business assets, Personal Information, user data, and any other information that we have collected about the users of our products and services may be disclosed to such entity as part of the due diligence process and, if we or our assets are acquired, will be transferred to such entity as one of the transferred assets. We also may disclose information about our users in connection with a commercial transaction where we, or any one of our affiliated businesses, is seeking financing, investment, support or funding. You acknowledge that such transfers may occur, and that any acquirer of L'Occitane or its assets may continue to use your personal information as set forth in this Privacy Policy.
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 may also be providing information about your activities to the third-party 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
The Website and Services may contain links to third-party sites that are not owned or operated by L'Occitane, such as links from advertisers, sponsors and/or marketing partners that may use our logo(s) as part of a co-branding, co-marketing or affiliate agreement. We do not control, recommend or endorse and L'Occitane is not responsible for the content, products, services or the privacy policies of websites to which it may link. This Privacy Policy applies solely to information collected by L'Occitane. These other sites may send their own cookies or other tracking technologies to your Device, and they may independently collect data or solicit Personal Information and may or may not have their own published privacy policies. You should also independently assess the authenticity of any site which appears to be or claims that it is one of our Websites (including those linked to through an email or social media page). You should consult the respective privacy policies of any applicable third parties to learn more about their privacy practices.
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 eighteen (18), and we do not knowingly collect Personal Information from children under the age of 18. 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.
The Services are governed by and operated in, and in accordance with the laws of, the United States, and are intended for users located in the United States. L'Occitane makes no representation that the Website is governed by or operated in accordance with the laws of any other nation. As an international business, our use of your information necessarily involves the transmission of data on an international basis. If you are located anywhere outside the United States, including the European Union, please be aware that, since our Services are intended for users located in the United States, information we collect, including personal information, will be transferred to, processed and stored in the United States. The data protection laws in the United States may differ from those of the country in which you are located, and you waive any claims that may arise under those laws. You understand that your Personal Information may be subject to access requests from governments, courts, or law enforcement in the United States according to the laws of the United States. By using the Services or providing us with any information, you consent to the collection, transfer, processing and storage of your information in and to the United States. You are also consenting to the application of United States federal and New York state law in all matters concerning the Services and this Privacy Policy.
The laws of the State of New York shall govern any dispute, including those disputes arising from L'Occitane's use of Personal Information or otherwise relating to privacy, as specified in the Terms and Conditions, including the terms pertaining to dispute resolution, mandatory arbitration and waiver of any class action rights. This Privacy Policy does not create rights enforceable by third parties.
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:
- The categories of Personal Information we have collected about you.
- The categories of sources from which the Personal Information is collected.
- The business or commercial purpose for collecting or selling Personal Information.
- The categories of third parties with whom we share Personal Information.
- The specific pieces of Personal Information we have collected about you.
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.
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 may also 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 do any of the following:
- 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.
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity.
- Debug to identify and repair errors that impair existing intended functionality.
- 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.
- 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.
- 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.
- To enable solely internal uses that are reasonably aligned with the expectations of the consumer based on the consumer's relationship with us.
- Comply with a legal obligation.
- 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 (e.g., 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 contact.en-us@loccitane.comm. If you would like to mail your request, please direct it to:
L'Occitane, Inc.
Attn: Legal Department
111 West 33rd Street, 20th Floor New York, NY 10120
Email: contact.en-us@loccitane.com
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 withdraw 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
Nevada residents have the right to submit a request directing us not to sell any of your personal information. Please email your request to us at contact.en-us@loccitane.com, and specify in the subject line: Nevada Privacy Information Request.
Questions Or Concerns
If you have any questions or concerns about our privacy policies and practices, you may contact customer service by clicking Help and Contact.
If you have a disability that impedes you from accessing this Privacy Policy, you may call 888-623-2880 or email contact.en-us@loccitane.com> for assistance in reviewing the Privacy Policy in an alternative format.
Gift Card Policy
General Terms
Please refer to loccitane.com/en-us for additional Terms and Conditions.
L'OCCITANE US gift cards (including 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 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.
Limitations
The maximum value that can be associated with one eGift Card is $500, and total purchases for any individual
may not exceed $10,000 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 where required by law. Void if reloaded, resold, transferred for value, or redeemed for cash.
Promotional Codes
The purchase value of eGift Cards does not apply to promotional offers.
Risk of Loss
Ownership and risk of loss of eGift Cards pass to the purchaser upon receiving confirmation of the purchase.
L'Occitane is not responsible for lost or stolen eGift Cards.
eGift Cards
L'Occitane eGift Cards are redeemable for merchandise at L'Occitane store locations in the US and online at
loccitane.com/en-us.
View Your Balance
To view your eGift Card balance, go to
Help and Contact or call Customer Support at 1-888-623-2880.
Disputes
Any dispute arising from these Terms & Conditions 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. You consent to exclusive
jurisdiction and venue in such courts.
Indemnification
Last updated: March 1, 2025
Dispute Resolution
PLEASE READ THIS “DISPUTE RESOLUTION” SECTION CAREFULLY. IT LIMITS THE WAYS YOU CAN SEEK RELIEF FROM L’OCCITANE AND REQUIRES YOU TO ARBITRATE DISPUTES ON AN INDIVIDUAL BASIS WITH LIMITED EXCEPTIONS. IN ARBITRATION, THERE IS NO JUDGE OR JURY, AND DISCOVERY AND APPELLATE REVIEW ARE MORE LIMITED THAN IN COURT PROCEEDINGS.
- Informal Dispute Resolution Procedure
Due to 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 informal dispute resolution procedure so that we can understand each other’s concerns, the facts behind those concerns, and hopefully reach a reasonable resolution. In the event of any controversy, claim, action, disagreement or dispute arising out of or related to your use of or visit to the Site, any transaction conducted on the Site, payments to or by L’Occitane or the breach, enforcement, interpretation, or validity of this Agreement or any part of it (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) (“Dispute”), you acknowledge and agree that you will first make a good faith effort to resolve any such Dispute informally as described below (“Informal Dispute Resolution Procedure”) before initiating any formal dispute proceeding in arbitration or otherwise.
Dispute shall have the broadest possible meaning. This includes any Dispute that arose, was asserted, or involved facts occurring before the existence of this or any prior Agreement as well as any Dispute that may arise after the termination of this Agreement.
The party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party that describes the facts and circumstances (including any relevant documentation) of the Dispute. The written description (the “Dispute Notice”) must be on an individual basis, and for any Dispute you initiate, you agree to provide at least the following information: your name, address, and email address; a detailed and individualized description of the nature and basis of the Dispute, expressly including any available documentation supporting or otherwise evidencing your Dispute that is in your possession or available to you through a third party; all relevant transaction details, if applicable; and a description of the specific relief sought, including the damages and/or injury you claim to have suffered, and how your requested relief was calculated. Your written description must be personally signed by you.
As part of the Informal Dispute Resolution Procedure, you must make a good faith effort to resolve the Dispute before you may pursue more formal means of resolution, including without limitation arbitration or any court action. The Informal Dispute Resolution Procedure requires all Dispute descriptions to be sent by certified US mail or by a reputable delivery service by which the delivery and receipt may be tracked, as follows:
L'Occitane, Inc.
Attn: Legal Department
111 West 33rd Streetm 20th Floor
New York, NY 10120
To you at: your last-used billing address or the billing and/or shipping address in your online profile with us.
The Informal Dispute Resolution Procedure requires you and L’Occitane to negotiate in good faith about the Dispute. Within 60 days after receiving a complete Dispute Notice, the parties are required to conduct an individual meet-and-confer in person, or via teleconference or videoconference, that addresses only the Dispute between you and L’Occitane (the “Conference”). L’Occitane will participate in the Conference through one or more representatives, which may include our counsel. If such an informal Conference takes place, it shall be individualized, such that a separate Conference must be held each time either party intends to commence individual arbitration; multiple individuals initiating claims cannot participate in the same informal dispute resolution Conference. If either party is represented by counsel, that party’s counsel may participate in the informal conference, but the party also must appear at and participate in the conference.
The Informal Dispute Resolution Procedure is a prerequisite and condition precedent that must be satisfied prior to commencing any formal Dispute resolution proceeding, including arbitration or court proceedings. You and we agree that any relevant limitations period and filing fees or other deadlines will be suspended while we engage in this Informal Dispute Resolution Procedure. A court shall have the authority to enjoin the filing or prosecution of arbitrations based on a failure to strictly comply with this Informal Dispute Resolution Procedure. A party may raise non-compliance with this Informal Dispute Resolution Procedure in court and/or in connection with the arbitration.
If the Dispute is not resolved satisfactorily within thirty (30) days after the Conference, you and L’Occitane agree to the additional Dispute resolution provisions below.
Notwithstanding the foregoing, the parties agree as a condition precedent that unless you have strictly complied with the Informal Dispute Resolution Procedure, L’Occitane shall not be obligated to pay any of the arbitration fees. - Mutual Arbitration Agreement
To the extent a Dispute is not resolved through the Informal Dispute Resolution Procedure described above, you and we agree to resolve the Dispute through confidential, final and binding individual arbitration in accordance with the terms of this Agreement (“Arbitration Agreement”) rather than litigate the dispute in court, except as expressly provided below. 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. This Arbitration Agreement is intended to be broadly interpreted and consistent with the Federal Arbitration Act.
Notwithstanding the foregoing, each party retains the right to (1) elect (at any time prior to the appointment of an arbitrator) to have any Disputes heard in small claims court on an individual basis for Disputes, or such portions thereof, within the scope of such court’s jurisdiction, provided the proceeding remains in small claims court and is not removed or appealed to a court of general jurisdiction, and (2) seek injunctive or other equitable relief in a state or federal court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s IP or other confidential or proprietary information or intellectual property rights. Any disputes not subject to arbitration shall be resolved by a court located in New York, New York, and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You further agree that, to the extent permitted by law, (a) any such claims will be brought and maintained solely on an individual basis and not as part of any class, consolidated, collective, or representative capacity; and (b) waive any claim of forum non-conveniens, regardless of where you access, visit and/or use the Site. Pursuant to this Arbitration Agreement, the parties shall exchange non-privileged information relevant to the Dispute.
Any Dispute subject to arbitration shall be settled by binding arbitration before Judicial Arbitration and Mediation Services (“JAMS”), in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. You agree that L’Occitane accommodating any location request for your convenience will not subject L’Occitane to personal jurisdiction in such forum. The parties agree that the arbitration will be administered by JAMS in accordance with the JAMS Consumer Arbitration Minimum Standards currently in effect and which are available at https://www.jamsadr.com/consumer-minimum-standards/.
However, notwithstanding the above, if you file a demand for arbitration that is one of twenty-five (25) or more similar demands for arbitration filed against L’Occitane by parties represented by the same law firm or law firms acting in coordination (“Mass Arbitration”), the arbitration of the Dispute, and all other Disputes constituting the Mass Arbitration, shall be conducted in accordance with the JAMS Mass Arbitration Procedures and Guidelines, including the JAMS Mass Arbitration Fee Schedule (the “Mass Arbitration Procedures”), or any successor rules or procedures intended to or having the effect of reducing the cost of Mass Arbitration. The Mass Arbitration Procedures are available at http://www.jamsadr.com/mass-arbitration-procedures/. For more information about JAMS and the arbitration process, please visit its website at https://www.jamsadr.com.
Any arbitration demand or counterclaim asserted by either party must contain sufficient information to provide fair notice to the other party of the asserting party’s identity, including the first and last name, physical address and email address of the claimant, the claims being asserted, the factual allegations on which they are based, representative information and proof that the claimant is a party to this Arbitration Agreement and to these Terms and Conditions. Each arbitration demand also must be accompanied by a sworn declaration from counsel averring that the information in the demand is true and correct to the best of the representative’s knowledge and the claims are warranted by existing law. The arbitrator or Process Administrator and/or other JAMS representative (collectively, “JAMS Representative”) may require amendment of any demand or counterclaim that does not satisfy these requirements. The JAMS Representative has the right to impose sanctions for any Disputes determined to be frivolous or improper (under the standard set forth in Federal Rule of Civil Procedure 11), including for any arbitration claim filed on behalf of a claimant who is not a party to this Arbitration Agreement or to these Terms and Conditions. The JAMS Representative also has the right to disqualify a party’s counsel if the counsel’s representation of a party would present a conflict of interest. The arbitrator has the authority to grant motions dispositive of all or part of any Dispute.
Payment of all filing, administration, and arbitrator fees will be governed by the Mass Arbitration Procedures.
Notwithstanding the foregoing, issues related to the scope, validity, and enforceability of this Arbitration Agreement are for a court to decide. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. Your use of this Site, these Terms and Conditions and any Dispute arising under or related to these Terms and Conditions or related to use of this Service will be governed by the laws in effect in the State of New York, without reference to its conflicts of law principles. You understand that the laws of the jurisdiction where you access, visit and/or use the Site may be different than New York’s, but you nevertheless agree to the application of New York law for any Dispute. You understand that these provisions are an essential aspect of our ability to provide the Site to you, and that we would not be able to do so without these provisions. If you do not intend to honor these provisions, do not access the Site. - Class Action and Collective Relief Waiver.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY LAW, THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED OR LITIGATED ON A CLASS, JOINT, COLLECTIVE OR CONSOLIDATED BASIS OR IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC, OR AS A PRIVATE ATTORNEY GENERAL OR FOR PUBLIC INJUNCTIVE RELIEF. UNLESS BOTH YOU AND L’OCCITANE OTHERWISE AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS (EXCEPT AS SET OUT IN THE MASS ARBITRATION PROCEDURES), AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF ANY CLASS, JOINT, COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING ANY DECLARATORY OR INJUNCTIVE RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE AN INDIVIDUAL PARTY’S DISPUTE. THE ARBITRATOR MAY NOT AWARD RELIEF FOR OR AGAINST ANYONE WHO IS NOT A PARTY TO THE PROCEEDING.
THIS CLASS ACTION AND COLLECTIVE RELIEF WAIVER IS AN ESSENTIAL PART OF THIS “DISPUTE RESOLUTION” SECTION, AND IF IT IS DEEMED INVALID OR UNENFORCEABLE WITH RESPECT TO A PARTICULAR CLAIM OR DISPUTE, NEITHER YOU NOR L’OCCITANE IS ENTITLED TO ARBITRATION OF SUCH CLAIM OR DISPUTE. NOTWITHSTANDING THE FOREGOING, IF A COURT DETERMINES THAT THE CLASS ACTION AND COLLECTIVE RELIEF WAIVER IS NOT ENFORCEABLE AS TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF OR A REQUEST FOR PUBLIC INJUNCTIVE RELIEF AND ALL APPEALS FROM THAT DECISION HAVE BEEN EXHAUSTED (OR THE DECISION IS OTHERWISE FINAL), THEN THE PARTIES AGREE THAT THAT PARTICULAR CLAIM OR REQUEST FOR RELIEF MAY PROCEED IN COURT BUT SHALL BE STAYED PENDING ARBITRATION OF THE REMAINING CLAIMS AND REQUESTS FOR RELIEF.
TO THE FULLEST EXTENT PERMITTED BY LAW, AN ARBITRATION OF ANY DISPUTE SUBJECT TO THIS ARBITRATION AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO SUCH DISPUTE, OTHERWISE, THE CLAIM IS BARRED AND THE RIGHT TO PURSUE SUCH DISPUTE IS WAIVED.
BY ENTERING INTO THIS AGREEMENT, YOU WAIVE YOUR RIGHT TO PARTICIPATE IN OR BRING A CLASS ACTION IN COURT OR A CLASS ARBITRATION. ALL PARTIES MUST BE INDIVIDUALLY NAMED. TO THE FULLEST EXTENT PERMITTED BY LAW, THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTES TO BE ARBITRATED OR LITIGATED IN COURT ON A CLASS ACTION OR CONSOLIDATED BASIS ON BEHALF OF OTHER USERS, CLAIMANTS, SUBSCRIBERS, REGISTRANTS OR OTHER PERSONS SIMILARLY SITUATED, OR BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL). YOU AND L’OCCITANE KNOWINGLY AND IRREVOCABLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM.
AS STATED MORE FULLY ABOVE, ALL PARTIES WAIVE ANY CLAIM TO INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR MULTIPLIED DAMAGES ARISING FROM OR OUT OF ANY DISPUTE WITH US. - Arbitration Location, Form and Fees.
For all U.S. residents, the arbitration, including any in-person hearings for the arbitration, shall take place virtually, in your county of principal residence or in New York, New York, unless you and we agree otherwise. For non-U.S. residents, the arbitration, including any in-person hearings for the arbitration, shall be held in New York, New York, unless you and we agree otherwise.
If your total claims seek less than $10,000, and you do not seek injunctive or declaratory relief, then the arbitration will be conducted solely on the basis of documents that you and we submit to the arbitrator, unless the JAMS Representative determines that a hearing is necessary. If your total claims exceed $10,000 or seek declaratory or injunctive relief, either party may request (or the arbitrator may determine) to hold a hearing, which shall be via videoconference or telephone conference unless the parties agree otherwise.
Unless otherwise prohibited by law or agreed by the parties, all arbitration proceedings and all related records will be confidential and closed to the public and any parties other than you and L’Occitane, except as necessary to obtain court confirmation of the arbitration award or if relevant to related arbitration proceedings.
Your responsibility to pay any JAMS filing, administrative, and/or arbitrator fees will be solely as set forth in the applicable Mass Arbitration Procedures. If, however, you are able to demonstrate that the costs of arbitration will be prohibitive for you as compared to the costs of litigation or as otherwise provided for under applicable law, L’Occitane will reimburse as much of the filing, administration, and/or arbitrator fees deemed necessary by the Mass Arbitration Procedures, JAMS Representative or applicable law to prevent the arbitration from being cost-prohibitive to you. - Batch Arbitration
To increase the efficiency of administration and resolution of Mass Arbitrations, in the event 25 or more arbitration demands asserting the same or substantially similar facts or claims, and seeking the same or substantially similar relief are presented for filing with JAMS against L’Occitane by individual claimants represented by or with the assistance of the same law firm or organization or law firms or organizations acting in coordination, the parties agree (i) to administer the Mass Arbitration in batches of 25 demands per batch (if there are fewer than 25 arbitration demands left over after the initial batching, a final batch will consist of the remaining demands) with only one batch filed, processed, and adjudicated at a time; (ii) to designate one arbitrator for each batch; (iii) to accept applicable fees, including any related fee reduction determined by JAMS in its discretion, such as one filing fee, case management fee, and arbitrator compensation fee due per side per batch or otherwise; (iv) that no other demands for arbitration that are part of the Mass Arbitration may be filed, processed, or adjudicated until the then-active batch of 25 is filed, processed, and adjudicated; (v) that fees associated with a demand for arbitration included in a Mass Arbitration, including fees owed by L’Occitane and the claimants, shall only be due after your demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; and (vi) that the staged process of batched proceedings, with each set including 25 demands (or less as above), shall continue until each demand (including your demand) is adjudicated or otherwise resolved. The Arbitrator selection for each batch shall be conducted in accordance with the applicable Mass Arbitration Procedures for such selection. You agree to cooperate in good faith with L’Occitane and JAMS to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including the payment of combined reduced fees, set by JAMS in its discretion, for each batch of claims or as otherwise determined by JAMS. The parties further agree to cooperate with each other, JAMS and its representatives to establish any other processes or procedures that JAMS believes will provide for an efficient resolution of claims. Any disagreement between the parties as to whether this provision applies or as to the process or procedure for batching shall be resolved by a procedural arbitrator appointed by JAMS. This “Batch Arbitration” provision shall in no way be interpreted as authorizing class arbitration of any kind. Unless L’Occitane otherwise consents in writing, L’Occitane does not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except as set forth in this section. If your demand for arbitration is included in the Mass Arbitration, your claims will remain suspended until your demand for arbitration is decided, withdrawn, or is settled, and any statutes of limitations will be tolled.
The Arbitrator will issue a written statement stating the disposition of each claim with a concise written statement of the essential findings and conclusions on which the disposition is based.
The parties agree that this batching provision is integral to the Arbitration Agreement insofar as it applies to a Mass Arbitration. If the batching provision in this section is found to be invalid, unenforceable, or illegal, then the entirety of this Arbitration Agreement shall be null and void, and neither you nor L’Occitane shall be entitled to arbitrate any claim that is a part of the Mass Arbitration.
L’Occitane expressly reserves its right to raise unique defenses as to each claimant in connection with this batching process. - Changes
L’Occitane reserves the right to change this “Dispute Resolution” section. If L’Occitane changes this “Dispute Resolution” section after the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement), you agree that your continued use of the Site after such change will be deemed acceptance of those changes when notice of the revised Dispute Resolution section is provided to you including, but not limited, via this Site. If you do not agree to such change, you may reject any such change by providing L’Occitane written notice of such rejection by certified mail or trackable delivery service to: L’Occitane, Attn: Legal Department, 111 West 33rd Street, 20th Floor, New York, NY 10120, within 30 days of the date such change became effective, as indicated in the “Effective Date” stated within the updated terms. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this “Dispute Resolution” section. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and L’Occitane in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement, as applicable).
Further Conditions of Use and Indemnification
If you do not agree to be bound by ALL of these Terms and Conditions, or if these Terms and Conditions are not enforceable where you are located, you may not use the Services. We would not provide the Services without the conditions herein. If you later seek to repudiate these Terms and Conditions or any aspect thereof, you agree that such action would constitute a breach of these Terms and Conditions, prohibiting you from enforcing any aspect of the Terms and Conditions and entitling us to damages resulting from your breach. AS SUCH, IF YOU DO NOT AGREE TO ANY ASPECT OF THE TERMS AND CONDITIONS, PLEASE DO NOT USE THE WEBSITE OR THE SERVICES.
If you are an individual using the Services on behalf of, or for the benefit of, any corporation, partnership, or other entity with which you are associated (an “Organization”), then you are agreeing to these Terms and Conditions on behalf of yourself and such Organization, and you represent and warrant that you have the legal authority to bind such Organization to these Terms and Conditions. In that case, references to “you” and “your” in these Terms and Conditions will refer to both the individual using the Services and to any such Organization.
L’Occitane controls and operates the Services from New York. While you may access the Website and Services from anywhere within the United States of America, you understand and agree that L’Occitane is not purposefully directing, or otherwise aiming, any activity to where you may be located through its operation of the Services from New York. Unless otherwise specified, the Website is intended to promote only those L’Occitane products that are sold generally by L’Occitane in the United States and its territories and possessions, not targeted to any such particular jurisdiction, and L’Occitane makes no representation that materials in this Website or the products described thereby are appropriate or available for use in other locations. All visitors to this Website are responsible for compliance with all local laws applicable to them with respect to the content and operation of the Services.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU FURTHER AGREE THAT THIS COMMERCIAL WEBSITE AND THE ONLINE SERVICES ARE PROVIDED OVER THE PUBLIC INTERNET, AND ANY DATA OR OTHER INFORMATION OBTAINED BY L’OCCITANE OR THIRD PARTIES FROM YOUR USE OF THE ONLINE SERVICES HAS NO VALUE TO YOU, AND NO INJURY CAN RESULT FROM YOUR USE OF THE ONLINE SERVICES.
You agree to indemnify and hold harmless L'Occitane and its affiliates from and against any and all claims, damages, costs, and expenses, including attorneys' fees, due to your use of our Websites in violation of this Agreement or any breach by you of the Terms and Conditions. Separately, if you initiate (or threaten to initiate) any litigation, arbitration, or otherwise assert any claim against L’Occitane that is based or relies, in whole or in part, upon a repudiation or breach of any promises, representations, warranties, agreements, or consents that you have made to or with L’Occitane pursuant to these Terms and Conditions (collectively “Prohibited Legal Actions”), you agree to indemnify and hold L’Occitane harmless from any and all liabilities, claims, demands, damages, costs, and expenses (including reasonable attorneys’ fees of counsel selected in our sole discretion and other legal costs) that arise from or relate to the Prohibited Legal Action, regardless of the legal theory of the Prohibited Action and whether it is brought or asserted individually or as part of a collective or class proceeding.
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
YOUR USE OF THE WEBSITES IS AT YOUR OWN RISK. NEITHER L'OCCITANE NOR ITS AFFILIATED OR RELATED ENTITIES OR ITS VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE ANY OF THE WEBSITES. L'OCCITANE IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE WEBSITES OR ANY MATERIALS ON THE WEBSITES, OR WITH ANY OF L'OCCITANE'S TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITES.
This provision does not apply to New Jersey residents.
General
The foregoing Terms of Use govern all transactions between you and L'Occitane through our Websites and supersede all prior agreements and representations. Headings are for reference purposes only and in no way define or limit the scope of the section. The failure of L'Occitane to act with respect to a breach of the Terms of Use by you or others does not constitute a waiver and shall not limit L'Occitane's rights with respect to such breach or any subsequent breaches. This Agreement shall be governed by the laws of the State of New York without regard to principles of conflict of laws, except for the Arbitration Agreement above, which shall be governed by the Federal Arbitration Act. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of L'Occitane's right to require strict observance of each of the terms herein. This Agreement constitutes the entire agreement between us relating to your use of the Websites.