Dated: June 12, 2024 

 

1. Acceptance of Terms

 

Coty Operations B.V. (“Coty”, “us”, “our” and “we”) owns and operates orveda.com (and each Orveda site in relevant territories, including us.orveda.com, uk.orveda.com, and eu.orveda.com) (collectively, the “Site”) that implements the Orveda Loyalty Programme (the “Programme ”), which is available worldwide excluding China (the “Territory”). The Programme, together with the content, incentives and rewards, offered via the Programme, is collectively referred to herein as the “Service.”

 

Your access to the Service is governed by these Terms of Service and the Programme benefits listed at https://eu.orveda.com/pages/loyalty (together, the “Terms of Service”) with the Terms of the Site (the “Site Terms”) located on the applicable Site (i.e., https://us.orveda.com/pages/terms, https://uk.orveda.com/pages/terms, or https://eu.orveda.com/pages/terms) governing your use of the Site generally.

 

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY CHECKING THE BOX TO SIGN UP FOR THE PROGRAMME AND/OR ACCESSING THE SERVICES, AND/OR BECOMING A MEMBER (DEFINED BELOW), YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE, PLEASE DO NOT CHECK THE BOX OR ACCESS THE SERVICE OR BECOME A MEMBER.

 

BY AGREEING TO THESE TERMS OF SERVICE, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THESE TERMS OF SERVICE AND THE SITE TERMS AND HAVE TAKEN TIME TO CONSIDER THE AFFECT TO YOUR LEGAL RIGHTS.

 

Coty provides the Service subject to these Terms of Service and the Site Terms as well as:

• Our Privacy Notice, which is available at https://us.orveda.com/pages/privacy-policy, https://uk.orveda.com/pages/orveda-privacy-policy, or https://eu.orveda.com/pages/orveda-privacy-policy, as applicable. You acknowledge that all information you provide through the Service is governed by our Privacy Notice, and you consent to all actions we take with respect to your information consistent with our Privacy Notice. It sets out the types of information we collect, the reasons we collect it, how we use it, where we may pass it on to any third parties, in what circumstances and for what reasons, and any other relevant information relating to our use and/or processing of your information and your rights in relation to your information.
• Our Cookie Policy, which is available at https://us.orveda.com/pages/cookie-policy, https://uk.orveda.com/pages/cookie-policy, or https://eu.orveda.com/pages/cookie-policy, as applicable. Our cookie policy governs our use of cookies and similar technologies on our Site. It sets out the types of cookies we use, the purposes for which we use them, the circumstances in which we may place cookies on your computer, device or browser, and other relevant information relating to cookies, such as how to change your browser preferences and settings to accept or reject cookies.

 

YOU MAY NOT ACCESS THE SERVICE FROM THIS SITE OR REGISTER FOR MEMBERSHIP IF YOU (A) DO NOT AGREE TO THESE TERMS OF SERVICE, (B) ARE NOT THE LEGAL AGE IN YOUR PLACE OF RESIDENCE TO FORM A BINDING CONTRACT WITH COTY, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS SITE OR ANY OF THE SERVICES BY APPLICABLE LAW.

 

2. Changes to the Terms of Service and Programme

 

Coty reserves the right, at its sole discretion, to modify or replace the Terms of Service, in whole or in part, at any time. Coty will use reasonable efforts to notify users who register for the Service (“Members”) of any material change at least thirty (30) days in advance of the effective date of any change. Change notices may be communicated by posting an updated version of the Terms of Service on the Site in connection with the Programme and, at the discretion of Coty, by electronic mail. In any case, Members should periodically check the Terms of Service for changes. Members are responsible for being and remaining knowledgeable as to these Terms of Service.

 

Coty may in its sole and absolute discretion cancel, change, suspend, or modify any aspect of the Service (including eligibility, the Programme, Rewards, and/or Points, each as defined herein), including the availability of any Rewards (defined below), at any time, even though changes may affect the value of Points, status levels, or Rewards already accumulated. Any such changes, cancellation, suspension or modification will be posted on the Site on the rewards page (the “Rewards Page”). For the avoidance of doubt, changes may include updates to the calculation of loyalty rewards points (“Points”). Always check these Terms of Service, as well as the Rewards Page and FAQ page, for the most up-to-date information on the calculation of Points.

 

Continued use of the Service, participation in the Programme, access to the Service and/or redemption of Points following such notice of any change to the Terms of Service constitutes Member's acceptance of those changes.

 

3. Membership Eligibility

 

You must be of the age of majority in your place of residence (e.g., at least eighteen (18) years of age in the United States, at least sixteen (16) in the UK or France) to participate in the Service. If you do not so qualify, you are prohibited from accessing, using and registering for the Service. Coty or its affiliates may also have similar customer programmes for different brands. Membership in the Programme does not confer any rights or benefits in the program of any other programme and Rewards and Points are not transferrable between such programs.

 

Employees, officers, directors, agents and representatives of Coty are eligible to be Members but may be excluded from certain promotions, experiences, and other Rewards. You cannot participate in the Programme if it would violate your employer’s policies or any of your contractual relationships. The Programme is provided to individuals only for their personal use. Corporations, associations or other groups may not participate in the Programme. It is fraudulent for any individual or company, association, or group to direct, encourage, or allow individuals to use a single Rewards account for the purpose of accumulating Points for combined use.

 

Please note that the above eligibility criteria are subject to change, so if you are currently not eligible to participate in the Programme, please check back with us frequently to see if the Programme has become available to you.

 

4. Member Registration

 

Individuals may join the Programme either on the Site or in Store (as defined below). To become a Member, each individual must complete the registration process for an account (the “Account”) by providing Coty (either via the Site or our Store staff) with current, complete and accurate information, as more specifically required by the then current registration procedures as set forth on the Rewards Page. No purchase is necessary to obtain membership in the Programme and create an Account, provided that you will not have a Tier Level (as defined below) if you do not make any purchases and, thus, not be eligible to redeem any Rewards. We prohibit registration of, and you agree that you will not register to be a Member, for anyone other than yourself.

 

Each Member is solely responsible for maintaining the confidentiality of their access credentials and other Account information and will be solely liable for any and all activities under its Account. Members shall be responsible for keeping all account information up-to-date. Members agree to

notify Coty immediately of any unauthorized use of Member's account or any other breach of security.

 

Memberships may not be sold or otherwise transferred. We have the right to cancel or suspend your registration for Membership for any reason or for no reason at any time, as determined in our sole discretion.

 

5. How Points are Accumulated

 

Members earn and accumulate Points under their Account after registration of and while maintaining membership to the Programme by making qualifying purchases in the Territory (i) on the Site, or (ii) in owned and operated Orveda Maison stores (the “Stores”) (i.e., not through multi-brand retailers that sell Orveda) (“Qualifying Purchase”). For the avoidance of doubt, Points from Qualifying Purchases via any of the aforementioned mediums will all count toward a Member’s Account.

 

Once a specific Tier Level has been reached, this Tier Level and the associated Rewards are valid for a period of twelve (12) months, provided that such twelve (12) month period will restart upon each new purchase. To reach a new Tier Level, the requisite number of Points must be achieved by Qualifying Purchases. Once the applicable twelve (12) month period has ended, a Member’s Tier Level will be recalculated. For the avoidance of doubt, a member may remain at the same Tier Level upon recalculation. All time and date calculations for the Programme, including the day a purchase is made, are based on the Central European Time (CET) zone.

Each Member will belong to one of three (3) membership tiers (“Tier Level”) based on the total amount of Points accumulated from Qualifying Purchases during a twelve (12) month period:

 

Enthusiast tier: Members who have made Qualifying Purchases to accumulate between 1 to 999 points within the applicable twelve (12) month period.

Insider Tier: Members who have made Qualifying Purchases to accumulate between 1000 to 2999 points within the applicable twelve (12) month period;

Ambassador Tier: Members who have made Qualifying Purchases to accumulate more than 3000 points within the applicable twelve (12) month period.

General information about the Tier Levels can be found on the Rewards Page and your Tier Level will show in your Account information. Members will move Tier Levels (either to a higher Tier Level or lower Tier Level) based on Qualifying Purchases made during the current annual period.

For individuals who made a purchase on the Site prior to the 12th of June 2024, if you create an Account within six (6) months from such date, your initial Tier Level will be determined by your total purchase history on the Site from the 19th of April 2018 through to the date of Account creation, provided that if you create an Account after such six (6) month period, your Tier Level will be determined solely based on your purchases on the Site or in Orveda Stores in the twelve (12) months prior to Account creation.

 

 

Points are not valid unless earned in strict compliance with the relevant requirements, and Member shall not attempt to earn Points by any means (including without limitation, by using any script, bot or other automated means) that only simulates compliance with the applicable requirements.

Points will be posted and credited to your Account on the Site when each applicable Qualifying Purchase ships or is purchased in store.

 

Points will be calculated based on the currency used for each purchase. Please refer to the current conversion rates below. Coty reserves the right to update these conversion rates at any time.

100 points = 100 USD

100 points = 91 EUR

100 points = 83 GBP

100 points = 105 CHF

100 points = 687 CNY

 

Please note that while Orveda strives for accuracy, the conversion of loyalty points is done using approximate values due to the currency value variation. Orveda reserves the right to review and adjust the conversion process as needed. The final determination of points conversion and allocation is at the discretion of the company.

 

6. Rewards

 

Each Tier Level allows Members to be eligible on the Site or in Store for specific, then-available Member rewards (the “Rewards”). Current Rewards offered are available on the Rewards Page. Orveda concierge may also reach out to Members to let them know about available Rewards and how to redeem.

 

You understand and acknowledge that the terms and availability of Rewards may change at any time or from time to time, may be available for limited times, and are subject to change.

 

Coty reserves the right to suspend, terminate, withdraw, revalue or modify, without liability to Members, all or part of the redemption values of Points or other Rewards available in connection with registering for, accumulating, or redeeming Rewards in the Programme. Notice of such changes will be made in accordance with Section 2. Coty reserves the rights to adjudicate all Points discrepancies or inquiries in its sole discretion, and Members agree to abide with any such adjudication. Coty additionally reserves the right to adjust a Member’s account balance if Points were deposited in error.

 

7. Points Generally

Member acknowledges and agrees that:

• Points have no "real world" or cash value.
• In calculating Points from Qualifying Purchases, shipping, taxes, and purchases made with gift cards are excluded.
• Points have no purpose or use except in exchange for Rewards (if any) offered by Coty.
• Any items, benefits or privileges received as a result of a redemption of Rewards may not be exchanged or returned for cash or credit.
• Rewards may be time-limited and/or available only in limited quantities.
• Rewards for tangible items are while supplies last and provided on a first-come, first-served basis.
• Points earned for a purchase that is then the subject of a return, refund, returned check due to non-sufficient funds, or other credit will (i) be deducted from the Member's account in an amount equal to the Points earned for the original transaction, including bonus Points or (ii) not be posted to the Member’s account, as applicable.
• Points cannot be redeemed by, or sold, assigned, or otherwise transferred to, any other Member of this Programme or any other individual.
• Upon termination of Member's registration for any reason, all Points are lost, to the extent permitted by law, regardless of how they were acquired by Member.
• Coty's good faith determination of the amount of Points available to any Member hereunder shall be final and binding, and Coty shall not be liable for any improper denial of a Point accrual or Reward.

 

8. Expiration of Rewards Due to Inactivity

 

Once you register for the Programme, if our records indicate that you have not made any Qualifying Purchases within any rolling twelve (12) month period, you will be moved down a Tier Level (unless you are already at the lowest Tier Level). Any rewards available in connection with the previous Tier Level will also be forfeited. It is your responsibility to monitor your Programme account, Tier Level, and activity status.

 

If you have questions regarding the date of your last Qualifying Purchase, you may call 1-833-767-8332 or emailing concierge@orveda.com.

 

9. Posts, Content or Other Statements Made by You in Connection with the Programme: Disclosure of Material Connections

 

Coty believes in full transparency and in full, fair and effective disclosures of material facts relating to Member’s relationship with Coty.

 

If you receive any compensation from Coty in exchange for promoting Coty and/or its products or otherwise making public statements (including on social media and regardless of whether in text, audio or video) relating to Coty, its affiliates and/or its products or programmes, you are required to make clear and conspicuous disclosures of this material connection. Compensation may include the receipt of free product, special access or privileges, Points, discounts and/or other monetary or non-monetary incentives.

 

Coty requires that all Members abide by all applicable laws and regulations, including those from the Federal Trade Commission (US), the Competition and Markets Authority (UK), and similar regulatory bodies in relevant territories, as updated from time to time. Member must:

• Be truthful;
• Not make unsubstantiated or misleading claims;
• Respect intellectual property rights;
• Use good judgment and be respectful (e.g. no obscene, libellous, hateful, or illegal content);
• Only use products as intended; and
• Make clear disclosures (and do not rely on social media platform disclosure tools alone).

 

10. Forums

 

You acknowledge and agree that any discussion forums or other features, where Members may upload, display or transmit user-generated content and other information of interest to those Members, including without limitation, messages, information, and any other content that Members post, upload, submit, distribute, publish or display on or through the Programme or with other users of the Programme are subject to the Site Terms at https://uk.orveda.com/pages/terms.

 

11. Termination

 

Coty may terminate any Member's access to all or any part of the Service at any time, with or without cause, effective immediately. Notice of such termination will be made in accordance with Section 2. Further, Coty reserves the right at its sole discretion to prohibit any Member from participating in any aspect of the Programme if Coty deems or suspects that such Member has engaged in or has attempted to engage in any of the following: (a) acting in violation of these Terms of Service; or (b) damaging, tampering with or corrupting the operation of the Programme or Site; or (c) acting with intent to annoy, harass or abuse any other person; or (d) any inappropriate, uncooperative, disruptive, fraudulent, potentially fraudulent, or unusual behaviour or activity; or (e) activity deemed in the sole discretion of Coty to be generally inconsistent with the intended

operation of the Programme. Any decision Coty makes relating to termination or suspension of any Member’s participation in the Programme shall be final and binding in all respects. Coty shall be the sole determiner in cases of suspected abuse, fraud, or breach of these Terms of Service or intent of these Terms of Service.

If any Member wishes to terminate its registration and Account, Members may do so at any time by sending an email to concierge@orveda.com including the Member's electronic mail address and specifying which account the termination applies. After termination, if Member wishes to become a member of the Programme again, Member will need to create a new Account and no information from the terminated Account will be saved.

 

Upon any termination, all rights and obligations of the parties shall cease and Member shall immediately cease using the Service. After termination, Coty has no obligation to maintain any content in Member's Account (including without limitation, records regarding Member's Points, which will be irrevocably forfeited) or to forward any unread or unsent messages to Member.

 

12. CONDITIONS; DISCLAIMER OF ALL WARRANTIES

 

The Programme or any Rewards are void where prohibited by law. If a Reward becomes unavailable, Coty may substitute a benefit of equal or greater value. Programme Rewards are not redeemable for cash. Programme Rewards may be taxable, depending on the value of the item and the federal, state, and local tax laws applicable to Member. Members are solely responsible for reporting such items on their tax returns and paying any associated tax liability and Coty shall not withhold or pay any amounts for federal, state or municipal income tax, social security, unemployment or worker’s compensation. Members may not assign or transfer any Programme Rewards.

 

THE PROGRAMME, REWARDS AND SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE". THE PROGRAMME, REWARDS AND SERVICE ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, INTEGRATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. COTY AND ITS RESPECTIVE AFFILIATES, SUBSIDIARIES, CONTRACTORS, EMPLOYEES, SHAREHOLDERS, MEMBERS, PARTNERS, LICENSORS AND SUPPLIERS DO NOT WARRANT THAT: (A) ANY INFORMATION WILL BE TIMELY, ACCURATE, RELIABLE OR CORRECT; (B) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR PLACE; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) ANY RESULT OR OUTCOME CAN BE ACHIEVED. MEMBER’S USE OF THE SERVICE IS SOLELY AT ITS OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USERS FROM COTY OR THROUGH THE PROGRAMME WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. COTY SHALL NOT BE LIABLE FOR ANY FAILURE TO PERFORM ITS OBLIGATIONS WHETHER SUCH FAILURE RESULTS FROM ANY CAUSE BEYOND COTY’S REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, MECHANICAL, ELECTRONIC, OR COMMUNICATIONS FAILURE OR DEGRADATION.

 

13. Limitation of Liability

 

To the fullest extent permitted by applicable law, Member agrees that Coty shall not be responsible or liable for any unauthorized access to, alteration or use of Members Points or Rewards, transmissions or data, any material or data sent or received or not sent or received through the Service.

 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COTY OR ANY OF ITS RESPECTIVE AFFILIATES, SUBSIDIARIES, CONTRACTORS, EMPLOYEES, SHAREHOLDERS, MEMBERS, PARTNERS, LICENSORS AND SUPPLIERS

BE LIABLE CONCERNING ANY SUBJECT MATTER RELATED TO THE PROGRAMME OR SERVICE, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY (A) MATTER BEYOND ITS REASONABLE CONTROL, (B) LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SERVICES, (C) INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL, OR (D) DAMAGES, IN THE AGGREGATE, WHICH SHALL IN NO EVENT EXCEED US$50.00, EVEN IF COTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.

 

SOME STATES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

 

14. Marketing Communications

 

If you check the box to receive marketing communication via email during the registration process, Members consent to receive Orveda marketing communications such as emails containing special Member only rewards (such as free gifts with purchase and birthday gifts), as well as information on new features, Rewards, and launches of products and in connection with this Programme. Marketing emails can be opted out of by clicking the “unsubscribe” link at the bottom of the email. Transactional and service-related emails regarding Member’s purchases, Rewards, Points, or changes to the Programme, will still be received if you have opted out of marketing communications. For more information on how to stop receiving marketing communications, please see our Privacy Policy.

 

15. Contact Us

 

Any questions regarding the Service may be directed to concierge@orveda.com.

 

16. FOR U.S. RESIDENTS – Arbitration

 

THESE TERMS OF SERVICE ARE GOVERNED BY A MANDATORY BINDING ARBITRATION PROVISION CONTAINED IN THE SITE TERMS. REVIEW THE ARBITRATION AGREEMENT IN THE SITE TERMS CAREFULLY (SEE ARBITRATION SECTION), WHICH IS AVAILABLE AT https://us.orveda.com/pages/terms.

 

17. FOR CALIFORNIA RESIDENTS - California Notice of Financial Incentive

 

This Programme may be considered a financial incentive as a loyalty programme under California law. To view our notice of financial incentive, please visit https://us.orveda.com/pages/privacy-policy.