DEFINITIONS

MERCHANT: refers to L'Occitane United Kingdom Ltd., which offers its E-GIFT CARD for sale on the website: https://uk.loccitane.com.

PARTICIPANT: refers to a natural person who contributes, in whole or in part, financially to the purchase of an E-GIFT CARD.

INITIATOR: refers to the first PARTICIPANT of the E-GIFT CARD.

PERSONAL DATA: refers to the list of users' surnames, first names, email addresses, dates of birth, and titles.

E-GIFT CARD: refers to a prepaid account on the MERCHANT'S website. Each E-GIFT CARD is assigned a unique code. This prepaid account is linked to the MERCHANT'S regular bank account and constitutes an advance payment for the benefit of the holder of the GIFT VOUCHER for any order placed with the MERCHANT.

GIFT VOUCHER: refers to the electronic medium associated with the E-GIFT CARD on which a unique code is indicated.

BENEFICIARY: refers to the natural person who holds the GIFT VOUCHER.

WEBSITE: the interface that is accessible on the Internet at the following address: https://uk-loccitane.buybox.net that allows an Internet user to purchase an E-Gift Card.

1 – SCOPE

These terms of use govern the sale of one or more E-GIFT CARDS and their use. Use of the service constitutes implicit acceptance of these terms and conditions of use. If you are a minor, you may use the E-GIFT CARD service only with the consent of your parents (or guardians). If any provision of these terms proves to be invalid, the remaining provisions and conditions shall remain applicable. The MERCHANT reserves the right to make changes to these terms of use. You may review them on the WEBSITE (link available in the footer section). Any use of the service after modification of the terms of use constitutes full and complete acceptance of the updated Terms of Use.

2 – GENERAL DESCRIPTION OF THE SERVICE PROVIDED

The main function of this service is to enable the online purchase of an E-GIFT CARD. The purchase may be made by a single person (individual purchase) or by several people (group gift purchase). The main features are listed below in a non-exhaustive manner:

1. For the INITIATOR, the possibility to select a design for the GIFT VOUCHER from several visuals and to write a message displayed on the GIFT VOUCHER;
2. The possibility for the INITIATOR to print the GIFT VOUCHER, send it immediately or at a later date to a BENEFICIARY of their choice, and invite others to contribute to the E-GIFT CARD in order to increase its value;
3. For PARTICIPANTS, the possibility to load funds onto the E-GIFT CARD using various available payment methods, such as bank cards: Visa, MasterCard, Maestro and PayPal;
4. For the BENEFICIARY, the possibility to use the GIFT VOUCHER to make purchases from the MERCHANT.

The MERCHANT is entitled to refuse any online E-GIFT CARD order considered suspicious or abnormal. As part of the online fraud risk analysis process, the MERCHANT reserves the right to request identity documents from the INITIATOR. In the event such supporting document(s) are requested, the order will be suspended and the INITIATOR will be immediately informed on the payment confirmation page as well as by email. In the event of refusal, the payment will be refunded within a maximum period of 5 days.

3 – PERSONAL MESSAGE RECORDED BY THE INITIATOR

The INITIATOR has the option to write a personal message that will be displayed on the GIFT VOUCHER. The MERCHANT is not responsible for the texts written by the INITIATOR and cannot guarantee their accuracy. By adding content or information, you grant us your irrevocable consent to use such content for processing purposes related to the service. The MERCHANT will use any information only in accordance with its privacy policy. The added content must not: (a) infringe the intellectual property rights of a third party; (b) violate any applicable law; (c) be defamatory, disparaging, insulting, or threatening; and/or (d) be obscene or involve child exploitation material. Failing this, the MERCHANT reserves the right to remove any personal content added, at its sole discretion, with or without prior notice.

4 – PERSONAL DATA

4.1 Data Collected by the MERCHANT, Other Than Payment Data, Purposes of Collection, and Retention Periods

The data collected by the MERCHANT are listed in the table below. They are collected for the purpose of providing you with the gift card purchase service. In this respect, by using the service, the user expressly accepts the collection of such data in order to enable the purchase of a gift card. Failing such acceptance, no gift card may be purchased or issued to the user.

The MERCHANT is the data controller for these data.

The data are retained for a period enabling the MERCHANT to:

• Provide the E-GIFT CARD service.
• Allow the spend/redemption of the E-GIFT CARD during their validity period.
• Manage transaction history on E-GIFT CARD as well as after-sales service and disputes.
• Analyse the risks of fraud.
• Establish statistics and improve service.

Context	Types of Data	Legal basis for processing	Retention Period
Minimum data, systematically collected during the purchase of a gift card and necessary for sending payment receipts and purchase confirmation emails.	First name, last name, email address.	Performance of the contract (Article 6(1)(b) GDPR)	5 Years
Additional data collected in the case of purchasing a physical gift card for shipping purposes.	Post address, telephone number	Performance of the contract (Article 6(1)(b) GDPR)	5 Years
Optional data	Personalised image provided by the purchaser to customize their gift card. Personalised text message provided by the purchaser.	Legitimate interest (Article 6(1)(f) GDPR) or performance of the contract (Article 6(1)(b) GDPR)	5 Years
During the purchase of a gift card, in the event of suspected fraud, the order is suspended until identity verification is completed.	Electronic copy of the purchaser's identity document.	Legitimate interest (Article 6(1)(f) GDPR)	13 months from the last verification, and 5 years if considered fraudulent.
Data for fraud analysis, systematically collected during the purchase of a gift card.	IP address, session cookie identifier.	Legitimate interest (Article 6(1)(f) GDPR)	13 months from the last verification, and 5 years if considered fraudulent.

4.2 Collection of Bank Payment Data

Banking data are not collected by the MERCHANT, but on a separate payment page managed by an authorized Payment Service Provider. The Payment Service Providers used by the MERCHANT is INGENICO PAYMENT. The Payment Provider above manages your bank payment data.

4.3 Transfer of Your Data Outside the EU

The data collected by the MERCHANT are not transferred outside the United Kingdom and the European Union; they are recorded and processed exclusively within the United Kingdom and the European Union.

4.4 Rights of PARTICIPANTS

In accordance with personal data protection regulations, you have the right at any time to request restriction of processing as well as the right to object to such processing.

You also have the right to access, rectify, erase, and transfer your personal data. In addition, you have the right to define the handling of your personal data after your death (“post mortem”).

You may exercise all of these rights simply by submitting your request via the contact link available at the bottom of the page. In order to process such request, verification of your identity may be carried out to confirm that the request originates from the person concerned.

You may also contact L'Occitane's Data Protection Officer (DPO) by email for any questions relating to the processing of your personal data at the following address: dpo@loccitane.com

You also have the right to lodge a complaint with the competent personal data protection authority.

By participating to this operation and communicating your information, you certify that you are at least 18 years old.

5 – PARTICIPATION IN AN E-GIFT CARD

The INITIATOR has the option to ask others to access an E-Gift Card that is not yet finalised, in other words when the GIFT VOUCHER has not yet been issued. For this purpose, the INITIATOR is provided with a link that can be shared with others via his/her email service or any other means of his/her choice. The INITIATOR assumes responsibility for the diffusion of this link. Any visitor who accesses the contribution page of an E-Gift Card via a shared link is acknowledged to have done so at the express request of the INITIATOR. Any visitor accessing the contribution page via the shared link has the right to participate in an E-Gift Card by making a financial contribution via the available means of payment. When the visitor accesses the contribution page of the GIFT E-CARD, the name of the INITIATOR and that of the BENEFICIARY will be clearly displayed. Any PARTICIPANT is assumed to know the INITIATOR and the BENEFICIARY. Before making a contribution to an E-Gift Card, it is the responsibility of the visitor to ascertain the authenticity of the request from the INITIATOR. In case of doubt, the visitor is obliged to verify this directly with the INITIATOR. The MERCHANT will not be held responsible for an error on the part of a PARTICIPANT.

6 – ISSUANCE AND DELIVERY OF THE E-GIFT CARD

Once the E-GIFT CARD has been finalised, it is issued in the form of a GIFT VOUCHER and sent by email to the INITIATOR. If the “email delivery” option has been selected, the BENEFICIARY also receives the GIFT VOUCHER at the email address provided by the INITIATOR. If the “hand delivery” option has been chosen, the initiator may print the voucher and hand it directly to the beneficiary.

The GIFT VOUCHER may not be received in the following cases (non-exhaustive list):

1. The spam filter of the messaging service has blocked the attachment or redirects the message into the "SPAM" or "unwanted mail" folder.
2. The firewall has blocked the message or the attachment.
3. The inbox of the messaging service is full.
4. The email address is invalid.

In such cases, the merchant cannot be held responsible.

7 – TRANSMISSION OF THE E-GIFT CARD TO A BENEFICIARY

When an E-GIFT CARD is purchased, the transfer of ownership from the MERCHANT to the INITIATOR is effected upon issuance of the GIFT VOUCHER. The INITIATOR assumes complete responsibility for ceding and transmitting the GIFT VOUCHER to a BENEFICIARY, the third party of their choice, including when the INITIATOR selects the option "send to the beneficiary by email." Use of the GIFT E-CARD as payment is based on the use of a code printed on the GIFT VOUCHER. The INITIATOR must keep the code and the GIFT VOUCHER secret. The MERCHANT may not be held responsible in cases of an error on the part of the BENEFICIARY, loss of or fraudulent use of the code. Similarly, once the INITIATOR transfers the E-GIFT CARD to a BENEFICIARY, the latter is acknowledged to have accepted the transfer of rights and the Terms of Use of the E-GIFT CARD specified in the supporting documentation.

8 – VALIDITY PERIOD OF THE E-GIFT CARD

The E-GIFT CARD has a validity period of two years in the United Kingdom. Beyond this period, expired E-GIFT CARD are closed and the unused balance is lost. The expiration date appears on the GIFT VOUCHER that is emailed to the recipient as defined by the E-GIFT CARD INITIATOR.

9 – USE OF THE E-GIFT CARD BY A BENEFICIARY

The use of the E-GIFT CARD as a means of payment is based on a code printed on the corresponding GIFT VOUCHER. The BENEFICIARY undertakes to take all necessary measures to ensure the security and confidentiality of this code. The MERCHANT cannot be held responsible in the event of loss of the voucher containing its code, or for any fraudulent use of this code. In the event of loss of the electronic GIFT VOUCHER, the BENEFICIARY must contact the INITIATOR in order to obtain a new electronic copy. If the INITIATOR has also lost the electronic voucher (for example, due to deletion of the email containing it), the INITIATOR may request a new electronic copy via the contact link in the footer of the WEBSITE. In this case, the electronic copy will be resent to the INITIATOR's email address originally used for the purchase. Under no circumstances is it possible to obtain a reissue of the GIFT VOUCHER, meaning a new code.

The General Terms and Conditions of Sale defined by the MERCHANT, as well as the associated warranties, shall automatically apply to purchases made using the balance available on the E-GIFT CARD.

Conditions of use of the E-GIFT CARD

1. The E-GIFT CARD can be used on the MERCHANT's entire website as well as in L'Occitane stores in mainland France.
2. If the balance of the E-GIFT CARD is insufficient to cover an online order, an additional payment is requested from the BENEFICIARY at checkout in order to complete the order.
3. The E-GIFT CARD may be used multiple times. If, after an order, a remaining balance exists on the E-GIFT CARD, this balance remains valid for any subsequent order, within the validity period indicated on the card.
4. If, after an online purchase paid with an E-GIFT CARD, items are returned or the order is cancelled, the E-GIFT CARD used for payment will be re-credited and may then be used for a new purchase.
5. The E-GIFT CARD cannot be used to purchase gift cards.
6. Only one E-GIFT CARD per purchase/order is accepted.

10 – CANCELLATION AND FULL REFUND OF AN E-GIFT CARD

Gift Vouchers may under no circumstances, in whole or in part, be resold, transferred in exchange for consideration, and/or exchanged for cash.

In accordance with the Consumer Contracts Regulations 2013, the INITIATOR has a period of fourteen (14) days from the receipt of the E-GIFT CARD, provided that it has not been used, even partially, to notify the MERCHANT of their decision to exercise their right of withdrawal. This notification must be made via the customer service and the contact form available at the following address: https://uk.loccitane.com/customer-care,83,1,43469,414337.htm.

11 – V IOLATION OF THESE REGULATIONS – SUSPENSION OF SERVICE

The MERCHANT reserves the right to refuse to provide services for one or more of the following reasons:

1. a breach of these GENERAL TERMS AND CONDITIONS OF SALE AND USE OF THE E-GIFT CARD SERVICE;
2. actions by the user that may cause any form of harm to us or to a third party; or
3. ongoing modifications to the WEBSITE that temporarily render it unusable.

It is understood that the MERCHANT will use its best efforts to restore the WEBSITE to operational status as soon as possible.

12 – TARIFFS

The amounts of E-GIFT CARDS available for purchase are displayed on the WEBSITE. Each contribution is fully credited to the balance of the E-GIFT CARD, with no additional fees.

13 – GUARANTEE LIMITS

The MERCHANT cannot guarantee the uninterrupted operation of the Service and may not be held responsible for cases of unavailability, suspension or malfunction of the Service, in particular during times of maintenance and updates and when problems with the Internet network occur. The MERCHANT will implement state of the art solutions to avoid any fraudulent modification of the E-GIFT CARD. However, users acknowledge that the MERCHANT may not be held responsible, except in cases of proven gross negligence, for any damages resulting from:

1. breaches or fraudulent alterations carried out by unauthorized persons on the service,
2. abnormally long response times or slow operation of the service,
3. loss, damage or accidental destruction of data constituting an E-GIFT CARD or emails exchanged between Users and the MERCHANT, including potential fees associated with recovery, reproduction or repair of these data or messages.

The MERCHANT may only be held liable if proof is provided of a fault attributable to it in fulfilling its obligations as set out herein. In any event, the MERCHANT shall not be liable for indirect damages suffered by the user or any third party due to the user, including but not limited to financial losses, loss of revenue, loss of profits, loss of expected earnings, loss of opportunity, or damage to reputation. Any information or advice provided by the MERCHANT shall not be construed as any form of guarantee.

14 – SUPPORT - CONTACT

Support and a contact form are available via a link in the footer of the WEBSITE at the following address: https://uk.loccitane.com/customer-care,83,1,43469,414337.htm.

15 – COMPETENT JURISDICTION

These GENERAL TERMS AND CONDITIONS OF SALE AND USE OF THE E-GIFT CARD SERVICE, as well as the contractual relationships between the MERCHANT and the INITIATOR and, where applicable, the PARTICIPANT(S), shall be governed by English law. Any dispute arising from the application or interpretation of the GENERAL TERMS AND CONDITIONS OF SALE AND USE OF THE E-GIFT CARD SERVICE shall, failing an amicable settlement, fall under the jurisdiction of the English courts, subject to the mandatory rules of the consumer's country of residence.