TERMS AND CONDITIONS OF SALE AND USE OF THE SITE

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITE.

Welcome to the website of Yves Rocher Amérique du Nord Inc. (hereinafter "Yves Rocher" or "we") yvesrocherusa.com (hereafter designated the "Site"). This Site is operated by Yves Rocher from its offices located in Canada. We invite you to read carefully the terms and conditions of sale and use of the Site because they constitute a contract between you and Yves Rocher. These terms and conditions govern your use of the Site, define the terms, conditions and procedures applicable to your orders, exempt Yves Rocher of responsibility, or limit it, and contain other provisions you need to be aware of before using the Site. If you do not understand any of the terms and conditions set forth herein, we invite you to contact our Customer Services by e-mail by clicking on the following link: yvesrocherusa.com/control/contact or by phoning 1-800-321-3434 or by contacting a legal adviser of your choice in order to confirm your understanding, before placing your orders. By placing an order, you confirm your understanding and acceptance of these terms and conditions. By using this Site, you acknowledge that you have read and understood these terms and conditions and declare that you accept and are bound by them.

Please select the topic that interests you:

  1. Eligibility
  2. Changes
  3. Restriction on the Use of the Site
  4. Limitation of Liability and Warranty
  5. Your Information and Your Account
  6. Offers and Prices
  7. Ordering
  8. Availability of Products
  9. Payment
  10. Delivery and Charges
  11. Return - Exchange: Satisfaction Guarantee
  12. Respecting Mankind and Nature
  13. Satisfaction of Our Customers
  14. General Provisions
  15. Prohibition of Sales Outside the Network
  16. Contacting Our Customer Services

 

 

1. Eligibility

Unless indicated otherwise, the content of this Site is presented for the promotion of Yves Rocher products available only in continental USA. Thus, the orders placed on our American website yvesrocherusa.com are delivered exclusively in continental USA. Promotion is not valid for residents of Puerto Rico, and orders shipped to Hawaii, a Military Post Office zip code, Alaska and the Virgins Islands suffer longer delays in the shipment than the continental USA. This site is intended only for American residents with the legal capacity to accept these terms and conditions. It is your responsibility to determine if you can legally use this Site and you agree to comply with all applicable laws.

Yves Rocher has other sites for its customers, including in the Canada, France, Germany, Belgium, Spain, the United Kingdom, Italy, Luxembourg, the Netherlands, Switzerland, Sweden, Norway, Denmark, Finland and Russia. Please consult our website yvesrocher.com for the complete list of these sites.

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2. Changes

  1. To these terms and conditions. Yves Rocher may, from time to time, at its sole discretion, modify these terms and conditions, without prior notice. Therefore, we invite you to consult and periodically review these terms and conditions. The legend that appears at the bottom of this page will help you determine the date on which the last modification was made and its nature. Any change to the present terms and conditions will be in force as soon as it is displayed on our Site. By continuing to use the Site, provide us with personal information or place orders, you confirm that you agree to be bound by the terms and conditions as amended.
  2. To the Site and its content. Yves Rocher reserves the right to change or remove, without prior notice, any part of the content of this Site, including any offer, promotion, price, cost, product description or product. Yves Rocher reserves the right to reject, correct, cancel or terminate any order, including orders accepted, for whatever reason and to limit the quantities of products and services available for sale. Yves Rocher will not be liable for any damage arising from the exercise of rights conferred on it by this clause.

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3. Restriction on the Use of the Site

  1. Intellectual property. The Site, including its content, graphic elements, icons, presentation, arrangement, images, texts, photographs, audio and video tapes and any other item either available or appearing on this Site are the property of Yves Rocher. This site is protected by the Canadian intellectual property laws. The Site and its content may not, in whole or in part, be modified, reproduced, distributed, copied, adapted or otherwise exploited. However, you may, for your personal use, print pages of the Site, the privacy policy, and also these terms and conditions. You are not authorized to create links, hyperlinks or to make cross-references on our Site, unless you have obtained prior written authorization from Yves Rocher. All names, trademarks, logos and other identifiers appearing on the Site belong to Yves Rocher or are used by Yves Rocher under licence and belong to their respective owners. Any use of names, trademarks, logos and other identifiers appearing on the Site is strictly prohibited.
  2. Limited use. The Site and its content is at your disposal for your legitimate, personal and non-commercial use. Our products are intended to be sold only through our distribution networks. Therefore, the sale, purchase and gift of our products for the purposes of resale by any other means of distribution, including the Internet, are strictly prohibited. Any infringement of these terms and conditions could incur your civil and criminal liability, if applicable.

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4. Limitation of Liability and Warranty

  1. Site, content and products. Yves Rocher makes every effort to ensure the accuracy and reliability of the content and information provided on this Site. However, it is possible that printing faults, errors, inaccuracies, omissions or other types of mistake may occur from time to time. Hence, when this occurs, Yves Rocher displays on this Site a notice entitled "Erratum" to inform you of and correct, as far as possible, information that is incorrect or missing. However, the Site and the elements that it contains (including the products offered) are provided 'as is', without any implicit or explicit warranty. Subject to any public order provisions to the contrary, Yves Rocher disclaims all responsibility and gives no guarantee (particularly with respect to the availability, merchantability or fitness of a product for a particular need or purpose) regarding the Site and its content, and also any product or service displayed on this Site. In addition, Yves Rocher does not guarantee that access to its Site will be uninterrupted, that no fault, error, omission, loss of information transmitted may arise and that no computer virus may be transmitted in the use of its Site. In addition, Yves Rocher cannot under any circumstances be held responsible for damages of any kind whatsoever, arising from (1) the use of this Site, its products or any information displayed or otherwise communicated on this Site or (2) resulting from any failure, error, omission, interruption of services, communication failure, transmission delay, default, theft or modification of this Site.
  2. External Links. Yves Rocher may on occasion include on the Site links or references to other websites operated either by third parties or by members of the corporate family of Yves Rocher. All these other sites are independent of Yves Rocher and Yves Rocher is in no way responsible for them, their accuracy, or their products and content. Yves Rocher cannot guarantee that you will be satisfied by any product, service or information obtained through these external sites. Access to these other sites is at your own risk and peril. Yves Rocher cannot under any circumstances be held responsible for any damage resulting from your use of or access to these sites.

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5. Your Information and Your Account

  1. Personal Information. Your privacy is very important to Yves Rocher and our customers' trust remains our priority. For this purpose, we have developed a privacy policy (hereinafter "Policy") and have put in place safety measures and practices. We invite you to read this Policy carefully. It has been prepared for the purpose of asserting our commitment to protect the confidentiality of information we hold about our clients and to inform you of our practices with regard to the collection, use and disclosure of personal information that you provide to Yves Rocher. This Policy applies each time you provide us with personal information, in particular when filling out a purchase order, online questionnaire, competition entry coupon, subscribing to our newsletter, by telephone or online through our Website, or at any other time Yves Rocher collects, uses, discloses or keeps your personal information. It is very important that any information you provide to Yves Rocher is true, accurate, up to date and complete, because Yves Rocher relies on the information that you provide. You are entirely responsible for updating all information about yourself within thirty (30) days of any change. You may notify us of any modification or change by contacting us on 1-800-321-3434 or by e-mail using the following link yvesrocherusa.com/control/contact or by fax on 1-800 -321-4909. We advise you that you will be solely responsible for any loss, damage or additional cost applicable to an order resulting from any false, incomplete, inaccurate or incorrect information that you provided or from the failure to update your account, payment method or personal information.
  2. Account. When you create an Yves Rocher account, you must complete your personal record form and choose a password. Please be advised that you are fully responsible for the security of your password and any use made of your account, including all fees, charges, taxes and all other obligations, financial or otherwise. You thus agree to preserve the confidentiality of your access code at all times. You will not allow any other person to use your account and you will ensure that any use of your account complies with these terms and conditions. You agree to notify Yves Rocher Customer Services without delay of the loss or theft of your password by phoning 1-800-321-3434. If applicable, your password will be immediately cancelled, and your identity and account verified. You can then choose a new password. Yves Rocher reserves the right, without liability, to close an account or refuse the reopening of an account of a client who does not abide by these terms and conditions.

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6. Offers and Prices

All offers, promotions and products offered on this Site are destined for Canada and are valid only in Canada within the limits of the validity period of the offer or promotion concerned.

Unless otherwise specified, the promotions displayed on this Site may not be combined with any other offer, bonus, or coupon.

The promotions displayed on this Site are valid only for Internet orders. They cannot be claimed in shops or on telephone orders.

Coupons are limited to one (1) only per order.

The general events posted on the Site, such as "50% savings" or "2 for 1" advertisements are applicable only on Internet orders.

Promotions apply on the regular prices of our full-size items, with the exception of "Beautiful Buy" products, items from the Les Plaisirs NatureTM range, the Culture BioTM range, samples, "Limited Edition" products, gift packs and some beauty accessories and seasonal products.

When we list a special discount price in one of our newsletters, we make every effort to offer the same price on our Site.

The prices listed on our Site are in American dollars, all taxes excluded.

The applicable price of each product that you order is the one appearing on the Site. The costs of delivery and applicable sales taxes are additional.

Yves Rocher reserves the right to change prices appearing on the Site without prior notice.

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7. Ordering

The various steps to follow when ordering are as follows:

  1. Select the article(s) of your choice and add to your shopping basket. You can, at any time, check the contents of your shopping basket, the corresponding price and make any changes necessary.
  2. Identify yourself by your e-mail address and password. If you are a new customer, you must create an account by filling out the form for this purpose, providing a valid e-mail address and choosing a password (personal and confidential) that you will use later to identify yourself on the Site.
  3. Choose your mode of delivery and confirm it. Then choose the method of payment from those offered and
  4. Confirm everything.

You must provide us with the personal information required for the processing and delivery of orders. When you confirm your order by clicking on the "Finish" button, you declare that you accept the order as well as these terms and conditions of sale in their entirety. Your order is then processed by our Customer Services. As soon as your order has been recorded, a detailed acknowledgement of receipt will be sent to your e-mail address. This acknowledgement of receipt summarizes all the constituent elements of your order, including the exact amount invoiced and the means of delivery of your order.

You agree that our order logging systems demonstrate the nature of the transaction and its date. We draw your attention to the fact that the amount of your order is limited to the sum of three hundred American dollars (US $300). Also, a quantity greater than nine (9) items of one product cannot be ordered. If you need more than nine (9) items of the same product in an order, we invite you to contact our Customer Services. We don't accept orders below $10.

We reserve the right to cancel any client order for which there would be a delay in payment or a dispute on the payment of a previous order, or for any other legitimate reason arising from the abnormal nature of the order.

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8. Availability of Products

Our product offers on the Site are valid only within the availability of stocks. If one of the products in your order is unavailable, we undertake to inform you of this as soon as possible by e-mail and to let you know the waiting time for receipt of this product. If you wish, you may request a cancellation (repayment by cheque within 15 days) or exchange of your order by calling us on 1-800-321-3434 or by e-mail by clicking on the following link yvesrocherusa.com/control/contact.

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9. Payment

Payment for orders placed on the Site is by credit card or PayPal.

Payment by credit card: our system of payment is a secure system that uses a "Secure Socket Layer" (SSL) type protocol for securing Internet exchanges, allowing your personal information to be encoded before being transmitted over the Internet. You can then make your purchases safely and in accordance with our privacy policy. Although we take all necessary safety measures to protect your personal information and its transmission, you will understand that no company can guarantee the 100% infallibility of its data transmission system. Thus if, at any time, you wish to place an order without providing your credit card number on our order Website, you can talk to one of our Customer Services representatives by phoning 1-800-321-3434 or by using our automated system which will explain the procedure to be followed.

Payment by PayPal: The Purchaser may use his or her PayPal account to pay for Orders placed on the Site.

Please note that the amount of your order is not charged until your products are shipped.

All products remain the full property of Yves Rocher until payment has been received by Yves Rocher.

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10. Delivery and Charges

Yves Rocher will deliver the products ordered by you to the address specified by you in your order. If you are not present at the address indicated in your order at the time of delivery, you will be responsible for collecting your order from the company making the delivery in accordance with the information communicated to you by that company.

A delivery fee of $4.95 is applicable.

Delivery is usually made ten (10) working days after receipt of your order by Yves Rocher. Delivery times may vary according to the destination of the consignment and the availability of products.

The delivery of your orders is subject to the policies of the recognized delivery company with which Yves Rocher has chosen to do business, namely USPS. You are therefore also subject to the rules regarding signing for receipt of the package, if applicable.

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11. Return - Exchange: Satisfaction Guarantee

We guarantee your satisfaction. If our product does not meet your expectations, don't worry. Simply return it to us in its original packaging, in perfect condition, completing the return slip on the back of your invoice, within six (6) months of receipt. Subject to our right to limit any abuse, we promise to exchange it or, if you wish, refund you according to the following rules: we ask you to circle in pen or highlight on your invoice the product description, reference number, quantity and price paid for each product that you wish to return. Please tell us the reason for the return.

Your return will be processed within four (4) to six (6) weeks of the date of receipt by Yves Rocher.

  • You are responsible for the cost of the return delivery. You must seal your return package and ship pre-paid preferably insured USPS to the following address: Yves Rocher Amérique du Nord Inc., PO Box 2866, Champlain NY, 12919-2866.

All products must be returned with their invoice.

For a refund: All our refunds include all taxes and are made by the same payment method.

  1. If the parcel is returned without having been opened, we will refund the price of the package and any mailing charges.
  2. If a product is returned merely by your choice, we will refund the price of the product. The cost of the return will be your responsibility.
  3. If a product is returned because of an error for which we are responsible, we will refund the cost of the product or exchange it. The cost of the return will be your responsibility.

If your payment was made by credit card, you will need to wait for one (1) or two (2) account statements before the credit shows.

For an exchange: You must tell us on the return slip what you wish to receive, either the description of the product or its reference number, as well as the quantity.

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12. Respecting Mankind and Nature

For your comfort, our face care products are guaranteed hypoallergenic and all our products are laboratory tested. Our company was one of the first European companies to stop testing its finished products on animals.

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13. Satisfaction of Our Customers

We are members of the Direct Marketing Association (DMA), the oldest and largest trade association in its field. Our membership signifies our commitment to the complete satisfaction of our customers.

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14. General Provisions

  1. Applicable laws. Your transactions, orders and the present terms and conditions are subject to the laws applicable in Quebec.
  2. Election of domicile. Yves Rocher and you hereby agree to elect domicile in the judicial district of Longueuil, Province of Quebec and to choose this as the appropriate district for the hearing of any claim arising from the interpretation, application, completion, coming into effect, validity or effects of the terms and conditions mentioned above.
  3. Totality and entirety. You agree and acknowledge that these terms and conditions represent the entire and total agreement between you and Yves Rocher. No statement, representation, promise or condition not contained in these terms and conditions can or must be admitted to contradict, modify or in any way affect these terms and conditions.
  4. Non-transferability. You may not assign or otherwise transfer to a third party all or part of your account or your rights and obligations under these terms and conditions without obtaining the prior written permission of Yves Rocher.
  5. Force majeure. Yves Rocher cannot be considered in default or liable under these terms and conditions if the execution of its obligations is, wholly or partly, delayed or prevented due to out-of-stock products, disruption or total strike of postal and delivery services, force majeure or any circumstance beyond its control.

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15. Prohibition of Sales Outside the Network

Our products are intended to be sold only through our distribution networks. Accordingly, any sale, purchase or gift of our products for the purposes of resale outside these networks, including through websites, is prohibited and, irrespective of damage to the brand identity or to the integrity of the products, may incur the civil and if necessary criminal liability of their instigators.

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16. Contacting our Customer Services

For any questions or comments, you can contact our Customer Services Monday to Friday between 8 a.m. and 11.30 p.m. and on Saturday between 8 a.m. and 8 p.m. (EST):

  • By e-mailing us at the following address yvesrocherusa.com/control/contact or
  • By dialling 1-800-321-3434 or
  • By fax: 1-800-321-4909 or
  • By mail to the following address: Yves Rocher Amérique du Nord Inc., PO Box 2866, Champlain NY, 12919-2866.

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Last updated on 10/07/2013.