CUSTOMER SERVICE
TERMS & CONDITIONS

Effective Date: 02.09.2020

Welcome to www.lamer.eu/pl/pl/

Estee Lauder (Poland) Sp. z o.o., with headquarters in Warsaw, at ul. Domaniewska 44, 02-672 Warsaw, entered into the Register of Entrepreneurs kept by the District Court for the Capital City of Warsaw in Warsaw, XIII Commercial Division under the number KRS: 0000019698, NIP: PL 5260011173, REGON: 010128910, share capital (fully paid up): PLN 5,979,501.13 (hereinafter referred to as "Estee Lauder"), provides content and services available on the Site in accordance with the following terms, our PRIVACY POLICY TERMS OF SALE and other terms and policies that can be found on our Site, which relate to certain functions, properties or promotions as well as customer service; they all form part of these terms (collectively referred to as the "Terms"), which constitute the regulations for the provision of electronic services within the meaning of the Act of 18 July 2002 on provision of services by electronic means (Dz. U 2020, item 344). By visiting or using our Site, you acknowledge that you have read, understood and agree to be bound by these Terms. If you do not accept these Terms, please leave the Site.

1. Privacy

Please review our Privacy Policy governing your use of and access to this Site so that you may understand our privacy practices.

2. Products and Services for Personal Use

We provide the following services through the Website:

  a) we provide information about La Mer products offered by Estee Lauder on the Site;
  b) we provide ongoing account service and maintenance and enable users to set up a new account;
  c) we enable placing orders for products by a user account;
  d) we sell products specified on the Site;
  e) enabling the addition of ratings and opinions about products offered on the Site;
  f) we enable our Clients to receive commercial and marketing information and make it available;
  g) we enable our Clients to receive the newsletter;
  h) we enable our Clients to use Live Chat and Video Consultations.

The products and services available on the Site, and any samples thereof we may provide to you, are for personal use only. Using the Site, using the services provided through it and purchasing products through the Site requires the use of technically efficient devices enabling connection to the Internet, access to the Internet and compliance with the following minimum technical conditions by the computer system used by the customer:

  a) any web browser on a device with Internet access, eg Opera, Firefox, Chrome, etc .;
  b) the Site is optimized in terms of device screen resolution;
  c) enabled protocol of secure data transmission SSL (or TLS); some functions of the Website may also require cookies, JavaScript or Flash to be enabled;
  d) in some cases it may also be required to use the HTTPS protocol;
  e) minimum resolution: 1280 x 800, recommended resolution: 1280 x 800. We reserve the right to change the technical method of providing services by electronic means - however, such changes will not affect the rights and obligations of users or have a negative impact on the quality of our services.

We would like to point out in particular that the use of electronic services is associated with certain risks. For example, it is about the following threats: possibility of receiving spam, possibility of exposure to harmful and unwanted software, spyware, malware (including: wabbit, trojan, backdoor, exploit, rootkit, keylogger, dialer, hoax), viruses, possibility of exposure to the so-called cracking and phishing (obtaining confidential information) and the so-called sniffing (interception of confidential information), threats related to the so-called piracy, the possibility of exposure to illegal software, exposure to the so-called cryptanalysis. We are constantly taking steps to minimize these risks for you. We use security for servers, connections and the Website - however, it is not possible to completely eliminate these risks. All connections related to the performance of electronic payments by you, if you choose this option.

3. Purchase Related Policies and Procedures

To view policies and procedures related to orders placed through this Site (such as order processing, shipping and handling, returns and exchanges), click here .

4. Accuracy of Information

We try to describe the products sold through the Site as accurately as possible; however, we do not guarantee that the exact colors of the products visible on the Product Page will fully correspond to the actual colors of the products, which is caused by the properties of the equipment used by the Consumer when using the Site.

In case of any errors on the Site, we will endeavor to correct them as soon as possible. The website may be changed or updated at any time without prior notice, as long as the applicable law does not impose an obligation to inform the Consumers.

5. Intellectual Property

All information and content available on the Site and its look and feel, including but not limited to trademarks, logos, service marks, features, functions, text, graphics, photographs, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the “Content”) is the property of La Mer or the property of our parents, subsidiaries, our affiliates, partners or licensors, and is protected by local laws, as well as EU and United States laws, including laws governing copyrights and trademarks. Our trademarks and trade dress may not be used in any manner for any purpose without our express written consent.

Except for the limited licenses set forth in Section 6 below, or as required under applicable law, neither the Content nor any portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.

6. Limited Licenses; Use Restrictions

We grant you a limited, revocable, non-transferable, and non-exclusive license to access and make personal use of the Site. These limited license does not include the right to:

  a) frame or utilize framing techniques to enclose the Site or any portion thereof;
  b) use any meta tags, "hidden text", robots, spiders, crawlers, or other tools, whether manual or automated, to collect, scrape, index, mine, republish, redistribute, transmit, sell, license or download the Site, Content (except caching or as necessary to view the Site), or the personal information of others without our prior written permission or authorization;
  c) make any use of the Site or any Content other than for personal use;
  d) modify, reverse engineer or create any derivative works based upon the Site or any Content;
  e) republishing, redistributing, uploading, selling, licensing or downloading the Website and / or the Content (except for caching or for the purpose of using the Website),
  f) collecting information about the account for the other user or any third parties,

Users are obliged to retain all intellectual property notices on or attached to the Site without modification.

We also grant you a limited, revocable, non-transferable, and non-exclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to the Site (i) may link to, but not replicate, any and/or all of our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive controversial or illegal or inappropriate for any ages (as determined in our sole discretion); (v) may not portray us or our products or services in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and/or (vi) may not link to any page of the Site other than the home page. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by us to resume linking

Any unauthorized use by you of the Site or any and/or all of our Content automatically terminates the limited licenses set forth in this Section 6 without prejudice to any other remedy provided by applicable law or these Terms and Conditions.

7. Your Obligations and Responsibilities

By accessing or using the Site or any Content, you agree that you will comply with these Terms and Conditions and any warnings or instructions on the Site. You agree that when accessing or using the Site or any Content, you will act in accordance with the law, custom and in good faith. You may not make any change or alteration to the Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to us, our parents, subsidiaries, affiliates, partners or licensors.

8. Your Account

You can create an account on the Site if you are eighteen (18) years of age. You must be at least 18 years of age to purchase any of the products displayed on the Site. Do not create an account if you are under 18 years of age.

To register an Account on the Site, Customer must provide an e-mail address as a login and create a password with which, in connection with the e-mail address, you will log in to the Account on the Site, as well as submit a declaration of acceptance of the Privacy Policy (hereinafter: "Registration Form"). When registering an Account on the Site, you can also agree to receive a newsletter with commercial information to the e-mail address provided during registration.

After creating the Account, it is possible to supplement your personal data in the "User Profile" tab: where you can enter: first name, surname, date of birth, e-mail address, data confirmation by clicking the "Update" button. However, the application of the above-mentioned personal data, it is not necessary for the correct registration of the Account. At the stage of placing the order, providing the personal data necessary to deliver the order is mandatory.

In the "Address Book" tab, you can indicate the address, i.e. street, house number, premises, if any, postal code, city, company name and telephone number. Providing this data is not necessary to create an Account, however, at the stage of ordering, providing the above-mentioned personal data is necessary to complete the order and deliver the products.

You are responsible for keeping your account, email address and password confidential, and restricting access to your computer. The user is responsible for providing valid, complete, correct and truthful data. If you provide us with incorrect or misleading information during the registration process, we will not be able to provide some or all of the services to you. Please be advised that we use standard data validation procedures that allow us to make sure that data such as telephone number, postal code, address and all other data provided by the user are consistent with the structure of such data recording used in Poland. This is to make sure that the data provided by the user can be properly used to fulfill the order placed by the User.

The User undertakes to be responsible for all activities under his account, under the user name and/or password, resulting from the user's culpable act or negligence. The User undertakes to provide only valid, complete, correct and truthful data. In the event of accessing the Site and using it on behalf of another person, the user declares that he is authorized to incur obligations on behalf of that person to comply with all the Terms and Conditions posted on the Website, and in the event that the user is not authorized to do so, he undertakes to comply with of the Terms and Conditions and accept liability for damages caused by unlawful use of the Site or this Terms of Use as a result of such access to or use of the Site.

The User account is activated after completing and sending the Registration Form on the Site.

The contract for the provision of electronic services is concluded at the time of completing the user registration process in accordance with the instructions on the Website. The User account will contain customer data and order information. The user has access to his account after logging in, i.e. entering the user name in the form of an e-mail address and password.

We reserve the right to refuse to provide services and / or delete your account in the event of a breach of these Terms, of which you will be informed immediately, stating the reason.

It is not necessary to register an Account to make purchases on the website. The rules for making a purchase without registering an Account are available in the Sales Regulations.

9. Third Party Links

We are not responsible for the content of any third-party sites even if they are linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our parents, subsidiaries, affiliates or partners of the referenced content, product, service, or supplier. Your use and access of these third-party websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of the third party websites or any other websites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such websites, including without limitation, their privacy policies and terms and conditions. You should carefully review the privacy policies and terms and conditions of the third-party websites you visit.

10. Special Features, Functionality and Events

The Site may offer certain special features and functionality or events (such as contests, sweepstakes or other offerings) which may (a) be subject to terms of use, rules and/or policies in addition to or in lieu of these Terms and Conditions; and (b) be offered by us or by third parties. If so, we will notify you of this and if you choose to take advantage of these offerings, you agree that your use of those offerings will be subject to such additional or separate terms of use, rules and/or policies.

11. User Content

If you transmit, upload, post or e-mail, share, distribute, reproduce or otherwise share on the Site data, text, software, music, sound, photography, graphics, images, videos, messages or other materials (hereinafter referred to as "User Content"), you is fully responsible for that Content. Such User Content is Materials that can be made available in accordance with the actions defined in section 10, which means that not us, but the user in question, is fully responsible for all User Content posted on the Site. You agree not to engage or assist or encourage others to engage in uploading, posting, posting, emailing, or otherwise making available on the Site User Content that is intended to:

  a) impersonating any person or entity or making false statements or otherwise misrepresenting your affiliation with any person or entity;
  b) "stalking" or otherwise stalking, including promoting the stalking, imprisonment or harm to others, including harming minors in any way; willful violation of applicable Polish or international law;
  c) sending by e-mail, sharing, distributing, reproducing or otherwise making available viruses or malware, programs, codes, files or other materials intended to interrupt, disrupt, modify, destroy or limit any part of the website; and / or
  d) engaging or creating unsolicited or unauthorized advertising, commercial or marketing material, including chain letters, bulk mailings or any form of "spam".

You represent and warrant that you own or otherwise control the rights to your User Content. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing, sharing, distributing, reproducing, or otherwise making available User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, fraudulent, inaccurate or misleading; (d) you were compensated for or granted any consideration by any third party; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.

You hereby grant to us a perpetual, worldwide, transferable and sub licensable, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, and otherwise exploit such User Content throughout the world, in all media now known or hereafter developed, for any purpose whatsoever, including without limitation, developing, manufacturing, distributing and marketing products.

We are in no way responsible for examining or evaluating User Content, and, to the fullest extent permitted under applicable law, we disclaim any responsibility or liability for the User Content. We do not control the User Content transmitted or posted on the Site by you or others and therefore, we do not guarantee the accuracy, integrity or quality of User Content transmitted or posted on the Site by you or others. You understand that by using the Site, you may be exposed to User Content of others that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Site.

You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content and we reserve the right to modify, change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, we have the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and we reserve the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.

Deletion of User Content

If you wish to delete certain of your public User Content, such as your ratings and reviews posting(s), on the Site or in connection with our mobile applications, please contact us by email and include the following information in your deletion request: first name, last name, user name/screen name (if applicable), email address associated with our website and/or mobile applications, your reason for deleting the posting, and date(s) of posting(s) you wish to delete (if you have it). We may not be able to process your deletion request if you are unable to provide such information to us. Please allow up to 10 business days to process your deletion request. Requests to remove the Content should be sent to the following e-mail address: privacy@elceurope.com.

12. Copyright Infringement Notices

We respect the intellectual property of others. If you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send an e-mail or written notice to our designated agent for notices of infringement and provide the following: (i) identification of the copyrighted work(s) that you claim has been infringed and confirmation that you are the copyright owner or authorized to act on the copyright owner's behalf; (ii) a description of the material that you claim is infringing and the location of that material on the Site; (iii) your address, telephone number and email address.

Our designated agent for notice for claims of copyright infringement is:
Marcin Fijałkowski
Baker & McKenzie Gruszczyński & Partners
Attorneys at Law LP
Rondo ONZ 1
00-124 Warszawa
tel: + 48 (22) 445 31 00
fax: + 48 (22) 445 32 00
e-mail: warsaw@bakernet.com,
marcin.fijalkowski@bakermckenzie.com

Note: The above contact information is provided for the sole purpose of notifying Estee Lauder that copyrighted material may be infringed. All other inquiries and complaints regarding the Site should be submitted within 14 days from becoming aware of the defective operation of the Website or the occurrence of issues that the user's report concerns. Complaints may be sent to the following e-mail address: privacy@elceurope.com. In the complaint, please provide at least: your name and surname, mailing address or other contact details and a description of the problem that you have encountered and your related requests. The complaint will be considered within 30 days, and we will immediately notify you of its results using the contact details provided by the user. Complaints about the delivered products should be submitted in accordance with the Terms of Sale available on the Site.

13. Disclaimer of Warranties; Limitation of Liability

Our liability for damages for breach of obligations under these Terms and Conditions results from applicable law. The same applies to liability for a dangerous product. The page is presented "as it is". Despite making reasonable efforts, we cannot guarantee that the use of the Site will be uninterrupted or without technical defects.

14. Dispute settelement

In connection with disputes regarding the Site, all rights and obligations, as well as all actions specified in these Terms of Use, are governed by the provisions of Polish law.

In the event of a dispute, the user also has the option of using out-of-court complaint and redress methods, e.g. by summoning a settlement attempt or using mediation conducted by Mazowiecki Wojewódzki Inspektor Inspekcji Handlowej w Warszawie ul. Sienkiewicza 3, Warszawa, 00-015 e-mail: ih_warszawa@wiih.org.pl, strona: http://wiih.org.pl/, tel: 22 826 18 30.
The rules of access to these procedures can be found at www.uokik.gov.pl.

To the extent that our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors are infringed by you or threatened to infringe them in any way or we have any grounds for bringing an action, we inform you that we may have the right to seek securing the claim or other measures imposed by a competent court, in accordance with applicable law.

According to EU no. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (Regulation on ODR in consumer disputes) you can, at your discretion, submit claims via the European Commission's online platform available at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=PL

15. Consent to Receive Notices Electronically by Posting on the Site and Via Email

You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which these Terms and Conditions refer from us electronically including without limitation by e-mail or by posting notices on this Site. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by emailing us at obslugaklienta@lamer.com discontinue your use of this Site. In such event, all rights granted to you pursuant to these Terms and Conditions, including but not limited to Section 6 hereof, shall automatically terminate. Unfortunately, we cannot provide the benefits of this Site to any user that cannot consent to receipt of Notices electronically.

Please note that this consent to receive Notices is entirely separate from any election you may make with respect to receipt of marketing communications. Your options with respect to receipt of marketing communications are set forth in our Privacy Policy .

16. General

Upon registration of the User Account, these Terms of Use constitute the complete and exclusive content of the contract concluded between us for an indefinite period of time for the use of the Website and services provided electronically, and supersede and apply to all previous offers, contracts and other correspondence. In the case of orders placed by the Website, the Terms of Sale also apply.

You may terminate this agreement at any time without giving any reason. In order to terminate it, the user should contact us at the e-mail address obslugaklienta@lamer.com or by phone 0 800 112 4964 (free call) - as a result of termination of the contract, your account will be immediately deleted by us.

The User may also withdraw from the contract for the provision of electronic services at any time and for this purpose use the model withdrawal form attached as Appendix I to these Terms of Use, but it is not obligatory. The User may also submit a written declaration of withdrawal from the contract for the provision of electronic services. The completed form or a written statement should be sent to the address of Estee Lauder (Poland) Sp. z o.o., ul. Domaniewska 44, 02-672 Warsaw; the declaration of withdrawal from the contract may also be submitted in a different form (contact details are provided below).

In the event of withdrawal from the contract for the provision of electronic services, your account will be deleted. Withdrawal from the contract for the provision of electronic services or its termination (deletion of the account) does not affect the implementation of sales contracts previously concluded through our Site.

In the event of the termination of the Website or cessation of the provision of services through the user account, we reserve the right to terminate this contract for the provision of electronic services. In this case, the user will receive a 14-day notice by e-mail. After 14 days from the notification, the user's account will be deleted by us.

Estee Lauder Poland has the right to amend these Terms of Use for important reasons, i.e. to adapt the Terms of Use to the solutions provided for by law or when the change is necessary due to a decision of a court or other authorized public authority or to implement new technical means of securing privacy or when it is necessary for technical reasons related to the provision of services to you.

You will be notified of any changes to these Terms of Use at least 14 days in advance to the e-mail address provided during the registration process. If you do not agree to the changes, you may terminate this agreement and / or delete your account as set out above. Orders placed before the date of entry into force of the modification of these Terms of Use will be governed by the version of the Terms of Use as of the date the customer placed the order.

Nothing in these Terms should be construed as creating an agency, partnership or any other form of joint venture between you and us.

In the event that we fail to request that you comply with any provision of these Terms of Use, this shall not affect our full right to demand such performance at a later date, and our failure to request that any breach of any provision of these Terms of Use be cured shall not constitute or be deemed to be waiver of the very right to remedy the breach of order. In the event that any of the provisions of these Terms are found to be unenforceable or invalid under applicable law or the provision is deemed to be such by a decision of an appropriate court or arbitration court, the validity and effectiveness of the entire terms and conditions shall not be affected, and these Terms shall be accordingly modified by the deciding authorities to reflect as far as possible the original intention of the parties.

The above-specified terms of use of the website www.lamer.eu/pl/pl/ and the services provided through it enter into force on 02.09.2020 and apply to the services provided through the Site from that date.

If you have any questions or concerns regarding these Terms of Use, please contact us by email at customer obslugaklienta@lamer.com or or by phone at 800088054 (free call).

Copyright © La Mer Technology, Inc. All worldwide rights reserved.

Appendix I
TEMPLATE FORM OF WITHDRAWAL FROM THE CONTRACT

(this form should be completed and returned only if you wish to withdraw from the contract)

WITHDRAWAL FROM THE CONTRACT
FOR PROVISION OF SERVICES BY ELECTRONIC MEANS (DELETION OF THE ACCOUNT)

Addressee: Estee Lauder (Poland) Sp. z o.o., with headquarters in Warsaw, at ul. Domaniewska 44, 02-672 Warsaw, e-mail: obslugaklienta@lamer.com

- I / We (*) hereby inform / inform (*) about my / our terminate / terminate the contract for the provision of electronic services in the form of a user account on the website www.lamer.eu/pl/pl/, kept under the user's name ( enter the e-mail address which is the login to the Account): __________________ ______________________

The contract for the provision of electronic services is terminated upon reaching Estee Lauder (Poland) Sp. z o.o., based in Warsaw, this user statement on the termination of the contract. Upon termination of the contract, all data from the Account, including the Account itself, will be deleted, except for data related to the sale of products, for storage, which Estee Lauder (Poland) Sp. z o.o. with its registered office in Warsaw is obliged under applicable law, including tax law. If the declaration of termination of the contract for the provision of electronic services is made during the performance of the contract for the sale of products, the delivery of the ordered products will be made. Termination of the contract for the provision of electronic services does not terminate the obligation to pay the price for the ordered products.

Signature of the consumer (s) (only if the form is sent in paper version): _____________________________
Date:__________________________
(*)delete as appropriate

In the event of any insconsistency between the Polish and the Englih version of the these Terms, then the Polish version of these Terms shall prevail.