Estee Lauder (Poland)sp z o.o. with its registered office in Warsaw, ul. Domaniewska 44 02-672 Warszawa, entered into the register of entrepreneurs kept by the District Court for the capital city of Warsaw in Warsaw, 13th Commercial Division under number KRS: 0000019698 ], NIP: 5260011173, REGON:010128910 , share capital (paid up in full): 5.979.501,13 zł PLN (hereinafter “Aveda”, “we”, “us”, or “our”) provides the content and services available on the website, (“Site”) to you subject to the following Terms of Use, our Privacy Policy, Terms of Sale and other terms and conditions and policies which you may find throughout our Site in connection with certain functionality, features or promotions as well as customer service, all of which are deemed a part of and included within these terms and conditions (collectively, “Terms and Conditions”).

You must be 18 years old or the age of majority in your jurisdiction in order to make a purchase on our Site. If you are under 18 years old or the age of majority in your jurisdiction then you may not make a purchase on our Site, unless you have a respective consent of your guardian. By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, YOU MAY NOT USE OUR 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

The products described on the Site, and any samples thereof we may provide to you, are for personal use only.

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 attempt to be as accurate as possible when describing our products on the Site; however to the extent permitted by applicable law, we do not warrant that the product descriptions, colors, information or other content available on the Site are accurate, complete, reliable, current, or error-free.

This Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice, which does not affect the rights acquired before introduction of such changes.

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 Aveda 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. You understand and agree that you will not do or attempt to do or cause any third party to do or attempt to do any of the following in connection with your use of the Site:

• frame or utilize framing techniques to enclose the Site or any portion thereof;
• 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;
• make any use of the Site or any Content other than for personal use;
• modify, reverse engineer or create any derivative works based upon the Site or any Content;
• impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
• "stalk" or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way;
• intentionally violate any applicable local, state, national or international law;
• transmit, upload, post, e-mail, share, distribute, reproduce, or otherwise make available any software viruses, malware, program, code, file, or other material intended to interrupt, disrupt, alter, destroy, or limit any part of the Site; and/or
• • engage or make any unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of "spam."

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

1. Subject to the age restrictions outlined above, you may view and use many features of the Site without registering, including making purchases, but in order to access and use some parts of the Site, you may need to register an account with us. In order to create an account, you mut have an active e-mail address and fill in a respective online form as well as create a password and confirm that you have familiarized yourself and accept these Terms and Conditions and our Privacy Policy. After completing and sending the form, the user will receive a confirmation of registration and activation of the account to the indicated e-mail address. An agreement for provision of electronic services consisting in maintenance of an account according to the present Terms and Conditions is concluded at the moment then the customer confirms the registration.

2. The login and password are confidential. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. If there has been an unauthorized use of your password or account, please notify us immediately. If you fail to notify us about unauthorized use of the account or breach of security, we are not liable for unauthorized use of the account by an unauthorized person. We are also not liable for damages resulting from theft or loss of login and password to the account, unless we are liable for actionr or omissions of a third party based on and to the extent permitted by applicable law. You are responsible for providing and maintaining current, complete, accurate and truthful information on your account. You agree to accept responsibility for all activities that occur under your account, username and/or password, or because you fail to maintain sufficient security over your account, username and/or password. If you are accessing and using the Site on someone else’s behalf, you represent that you have the authority to bind that person as the principal to all Terms and Conditions provided herein, and to the extent you do not have such authority you agree to be bound to these Terms and Conditions and to accept liability for harm caused by any wrongful use of the Site or Content resulting from such access or use.

3. You can create and use the account free of charge. The account is maintained for the User for an indefinite time. The User has access to the account after logging in, that is entering the login and password. You may cancel your online account with us at any time.

4. In justified cases, we reserve the right to refuse service, block and/or terminate accounts for important reasons, which are: - Violation of the law when creating or using the account; - Violation of rights of third parties, including personal rights; - Violation of principles of good conduct or community life; - Violation of the Terms and Conditions.

5. The User shall be immediately informed in an e-mail message about blocking of the account and the reasons for it. Blocking of the account according to the previous sentence means also termination of the agreement with the User for provision of electronic services with immediate effect. The User may file a complaint against the decision to block and remove the account.

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

1. We use our best efforts to allow the use of our Site to users online through all popular browsers, operating systems and types of devices. In order to use the Site’s functionalities, you must meet, in particular, the following requirements: - Access to the Internet; - Any internet browser on a device with access to the Internet, e.g. Opera, Firefox, Chrome, Safari, etc., in a current version; - In order to use some functionalities of the online store, e.g. for registration or placement of an order, you must have an e-mail account.

2. We apply suitable technical and organizational measures, including measures to prevent obtaining and modification by unauthorized persons of personal data sent on the Internet – in order to ensure security. However, we point out that in spite of our best efforts to minimize those risk, use of electronic services bears some risks, such as receipt of spam, exposure to phishing or other malware.

3. 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

It is our policy to decline unsolicited suggestions and ideas. Notwithstanding our policy with regard to unsolicited suggestions and ideas, and subject to the terms of our Privacy Policy, when you transmit, upload, post, e-mail, share, distribute, reproduce or otherwise make available suggestions, ideas, inquiries, feedback, data, text, software, music, sound, photographs, personal information such as your username/screen name, graphics, images, videos, messages or other materials ("User Content") on the Site in any manner (including through the “Contact Us” form), you are entirely responsible for such User Content. 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.

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.

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.

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.

You can contact our designated agent for notice for claims of copyright infringement at:
Copyright Agent c/o Legal Department
The Estée Lauder Companies Inc.
767 Fifth Avenue
New York, NY 10153
Phone: 212-277-2322
Fax: 212-277-2355
Email: copyright@estee.com

Note: the above contact information is provided exclusively for notifying Aveda that copyrighted material may have been infringed. All other inquiries will not receive a response through this process and should be directed to our customer service at +48221042337.

13. Disclaimer of Warranties; Limitation of Liability

The site, its content and services are presented “as is”. Neither we nor our parents, subsidiaries, affiliates, partners, or licensors make any representations or warranties of any kind whatsoever, express or implied, in connection with these terms and conditions or the site or any of the content.

You agree that, to the fullest extent permitted by applicable law, neither we nor our parents, subsidiaries, affiliates, partners, or licensors will be responsible or liable (whether in contract, tort (including negligence) or otherwise) under any circumstances for any (a) interruption of business; (b) access delays or access interruptions to the site; (c) data non-delivery, loss, theft, misdelivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the site; (e) computer viruses, system failures or malfunctions which may occur in connection with your use of the site, including during hyperlink to or from third party websites; (f) any inaccuracies or omissions in content; or (g) events beyond our reasonable control. We make no representations or warranties that defects or errors will be corrected.

Further, to the fullest extent permitted by law, neither we nor our parents, subsidiaries, affiliates, partners, or licensors will be liable for any indirect or consequential damages of any kind (including lost profits) related to the site or your use thereof and in no event shall our maximum aggregate liability exceed one hundred euros (€100.00) or the equivalent amount in local currency.

If you have a dispute with us or are dissatisfied with the site, termination of your use of the site is your sole remedy and we have no other obligation, liability, or responsibility to you, to the extent permitted by applicable law.

14. Indemnification

To the extent permitted by applicable law, you agree to defend, indemnify and hold us, our parents, subsidiaries, affiliates, partners, licensors, officers, directors, employees, and agents (the “Indemnified Parties”) harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third-party claim, action, or demand arising from (i) your use of the Sites or the Site Content in violation of any law, rule, regulation or these Terms and Conditions, or (ii) any part of your User Content. You also agree to indemnify the Indemnified Parties for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

15. Disputes

Any disputes arising from the interpretation, validity and/or execution of these Terms and Conditions shall be subject to the mandatory jurisdiction of the competent court of the place of residence or domicile of the customer, unless detailed regulations provide otherwise. These Terms and Conditions are governed by and must be interpreted in accordance with the laws of the country of the competent court.

According to EU Regulation no. 524/2013 on online dispute resolution for consumer disputes, if you are an EU resident, you may, in your discretion, refer disputes through to the EU Commission’s online platform available at:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage.

In addition, an EU customer having placed an order is entitled to (but not required to) refer disputes related to the sale of the products to the following Alternative Dispute Resolution entity, free of charge (details are provided in our Terms of Sale):

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

You may 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 requirements. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent, by contacting us at the phone number +48 221-042-337 or discontinuing 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.

17. General

You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.

We reserve the right, to the extent permitted by applicable law, to change these Terms and Conditions at any time by posting the changes on the Site and providing notice of such change. Any changes are effective within 14 days upon posting to the Site. The Effective Date of the current version of the Terms and Conditions is at the top of this page. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions. To the extent permitted by the law, we may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site. We also reserve the right, subject to applicable law, at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. The User can file a complaint in any form, by contacting us by phone at +48221042337.

Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision. The headings in the Terms and Conditions are for convenience only and shall not be used in its interpretation. .

If you have any questions regarding these Terms and Conditions, please call us at
+48221042337.

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