Terms & Conditions
Terms of Use of the ARGANIA GREENLOOK® Websites PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THIS WEB SITE (this "Site"). By accessing or using this Site, you agree to these terms of use, conditions and all applicable laws. If you do not agree to these terms you may not use this Site. The ARGANIA GREENLOOK® Websites (collectively, the "ARGANIA GREENLOOK® Sites") operated by ARGANIA GREENLOOK®. or its affiliates or subsidiaries ("ARGANIA GREENLOOK®"), is comprised of various Web sites and Web pages. The ARGANIA GREENLOOK® Web Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the ARGANIA GREENLOOK® Web Sites constitutes your agreement to all such terms, conditions, and notices. Your use of a particular ARGANIA GREENLOOK® website included within the ARGANIA GREENLOOK® Web Sites network may also be subject to additional terms outlined elsewhere on that website (the "Additional Terms"). Additionally, the ARGANIA GREENLOOK® Web Sites may themselves contain additional terms that govern particular features or offers. In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular ARGANIA GREENLOOK® website, then these terms shall control.
MODIFICATION OF THE TERMS OF USE
ARGANIA GREENLOOK® reserves the right to change the terms, conditions, and notices under which the ARGANIA GREENLOOK® Web Sites are offered, including but not limited to the charges associated with the use of the ARGANIA GREENLOOK® Web Sites. You are responsible for regularly reviewing these terms and conditions.
USE OF SITE. PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the ARGANIA GREENLOOK® Web Sites are for your personal, noncommercial use. You must not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the ARGANIA GREENLOOK® Web Sites, unless this is done for noncommercial purposes. Any other use of materials on this Site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Site, without prior written permission of ARGANIA GREENLOOK® is strictly prohibited. Harassment in any manner or form on any of the ARGANIA GREENLOOK® Web Sites, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a ARGANIA GREENLOOK® employee, host, or representative or other members or visitors on the ARGANIA GREENLOOK® Web Sites is prohibited. You may not upload to, distribute, or otherwise publish through the ARGANIA GREENLOOK® Web Sites any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.
COPYRIGHTS AND TRADEMARKS
The entire content included in the ARGANIA GREENLOOK® Web Sites, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof is copyrighted as a collective work under the United States and other copyright laws, and is the property of ARGANIA GREENLOOK®. The collective work includes works that are licensed to ARGANIA GREENLOOK®. ALL RIGHTS RESERVED. All trademarks, service marks, and trade names (collectively the "Marks") are trademarks or registered trademarks of and are proprietary to ARGANIA GREENLOOK®, or other respective owners that have granted ARGANIA GREENLOOK® the right and license to use such Marks.
NOTICES AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
ARGANIA GREENLOOK® will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, ARGANIA GREENLOOK® will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide ARGANIA GREENLOOK® the following information. Please be advised that to be effective, the Notification must include ALL of the following:
- a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the ARGANIA GREENLOOK® Web Sites;
- your address, telephone number, and email address and all other information reasonably sufficient to permit ARGANIA GREENLOOK® to contact you;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claimed copyright infringement should be directed to: BY MAIL:
hello@argania-cosmetics.com ARGANIA GREENLOOK®
Legal Department
91 RUE DU FAUBOURG SAINT HONORÉ FRANCE 750088 PARIS
TERM AND TERMINATION
These terms and conditions are applicable to you upon your accessing the ARGANIA GREENLOOK® Web Sites. These terms and conditions, or any of them, may be modified or terminated by ARGANIA GREENLOOK® without notice at any time for any reason. ARGANIA GREENLOOK® may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site. The provisions relating to Copyrights and Trademarks, Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable Laws, Arbitration and General, shall survive any termination.
USER PARTICIPATION
ARGANIA GREENLOOK® does not and cannot review all communications and materials posted to or created by users accessing the ARGANIA GREENLOOK® Web Sites and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user generated content on the ARGANIA GREENLOOK® Websites, ARGANIA GREENLOOK® is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the ARGANIA GREENLOOK® Websites. However,ARGANIA GREENLOOK® reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) violates any law or regulation or (e) offensive or otherwise unacceptable to ARGANIA GREENLOOK® at its sole discretion. Note that any personally identifiable information you may post or transmit will be treated by ARGANIA GREENLOOK® in accordance with ARGANIA GREENLOOK® Privacy Policy.
USER SUBMISSIONS
Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Policy, any material, information or other communication you transmit, upload or post to this Site ("Communications") will be considered non-confidential and non-proprietary. ARGANIA GREENLOOK® will have no obligations with respect to the Communications. ARGANIA GREENLOOK® and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes. ARGANIA GREENLOOK® may, but is not obligated to, monitor or review any areas on the ARGANIA GREENLOOK® Web Sites where users transmit or post Communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such Communications. ARGANIA GREENLOOK®, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise.
REVIEWS AND OTHER CUSTOMER GENERATED CONTENT
ARGANIA GREENLOOK®, directly or via its third party contractors, may collect, organize and use any content created or otherwise supplied by customers on ARGANIA GREENLOOK® website, social media services, and third-party websites, including, without limitation, any and all material, text, videos, photographs, information, other data submitted by customers and/or opinions, product or service ratings or reviews, articles, written expressions, in any form or media, and/or any works of authorship created by the customer (such content collectively referred to as “Customer Generated Content” or “CGC”). Moroccanoil and any of its third party contractors may use, transfer, copy, reproduce, distribute, publicly perform, publicly display, digitally perform, modify, create derivative works of the CGC and otherwise use and commercially exploit any CGC in any media formats (“Permitted Use”). Customer shall grant ARGANIA GREENLOOK® and any of its third party contractors a nonexclusive, perpetual, revocable, worldwide, fully paid-up, royalty-free license for any Permitted Use. Such license will apply to any form, media, or technology now known or hereafter developed. Customers grants ARGANIA GREENLOOK® all necessary rights in and to the CGC, including without limitation, any customer consents, assignments, licenses, permissions and authorizations (including the waiver of any moral rights) necessary for ARGANIA GREENLOOK® and any of its third party contractors to use the CGC for any lawful purpose. Neither ARGANIA GREENLOOK® nor its third party contractors shall be liable for any CGC, and ARGANIA GREENLOOK® third party contractors shall be entitled to edit or remove from any of their respective platform (“Platform”) any CGC that is inaccurate, inappropriate or otherwise not in compliance with such platform’s terms or applicable law. Customers hereby give permissions, authorizations and licenses, if any, required by applicable law or third-party website or application terms and/or policies (including without limitation the Instagram Platform policy), for ARGANIA GREENLOOK® transfer to and use by ARGANIA GREENLOOK® third party contractors of customer’s private and personally identifiable information and any CGC for the purpose of providing marketing technology and related services, sending applicable emails and recommendations, operation and improvement of any third party platforms, use of targeted behavioral advertisements and analysis and transfer to third parties for all of these purposes. All the Intellectual Property Rights (as defined hereunder) to ARGANIA GREENLOOK® third party contractors’ intellectual property, evidenced by or embodied in and/or attached/connected/related to any Platform (with the exception of the CGC and any ARGANIA GREENLOOK® intellectual property), including without limitation any underlying software, platforms, algorithms, technology, site design, any information, services, texts, files, Platform and product documentation, videos, various applications, social graphs, organization, structure, specifications, application “look and feel,” navigation, features and related content that may be created in connection with the use of or registration to the Platform and/or other proprietary materials are the property of ARGANIA GREENLOOK® respective third party contractor and/or its respective affiliates which shall retain all right, title and interest in connection therewith. Customers hereby consent (i.e., opt-in) to receive post-sale emails sent by ARGANIA GREENLOOK® (via its third party contractors as a mere conduit) containing reminders to submit reviews and containing recommendations and/or links to third party goods and/or services, as required by applicable law. Any customer using the user front end of any of a Platform may only use such Platform for personal and non-commercial use only. Customers agree to comply with all applicable security, privacy and data protection laws and regulations when using any of ARGANIA GREENLOOK® third party contractors’ marketing technology and related services and/or Platform. Customer consents for ARGANIA GREENLOOK® and any of its third party contractors to use any cookies or similar technologies on or through ARGANIA GREENLOOK® website. If a customer wishes to have a review or any other Customer Generated Content created by such customer removed, please contact us by phone at +33 14 71 35 62, or via email at hello@argania-cosmetics.com, and we will use commercially reasonable efforts to have it promptly removed.
THIRD PARTY LINKS
In an attempt to provide increased value to our visitors, this Site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the "External Sites"). However, even if the third party is affiliated with ARGANIA GREENLOOK®, ARGANIA GREENLOOK® has no control over these linked sites, all of which have separate privacy and data collection practices, independent of ARGANIA GREENLOOK®. ARGANIA GREENLOOK® has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk. Links do not imply that ARGANIA GREENLOOK® sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites.
DISCLAIMER
ARGANIA GREENLOOK® makes no warranties or representations about the accuracy or completeness of this Site's content or the content of any site or External Sites. ARGANIA GREENLOOK® does not filter advertisements or other content that children may view through our sites or "hot-linked" sites, and they could receive content and materials from the Internet and/or advertising that are inappropriate for children. We encourage parents and guardians to spend time online with their children and to consider using an electronic filtering software. This site and the materials, information, services, and products in this site, including, without limitation, text, graphics, and links, are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, ARGANIA GREENLOOK® disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement, freedom from computer virus, and warranties arising from course of dealing or course of performance. ARGANIA GREENLOOK® does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. ARGANIA GREENLOOK® does not make any warranties or representations regarding the use of the materials in this site in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. The above limitations may not apply to you.
LIMITATION OF LIABILITY
In no event shall ARGANIA GREENLOOK® be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential, damages, or any damages whatsoever, even if ARGANIA GREENLOOK® has been previously advised of the possibility of such damages, whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use, inability to use, or performance of the information, services, products, and materials available from this site. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.
ARBITRATION
By using this Site, you agree that ARGANIA GREENLOOK®, at its sole discretion, may require you to submit any disputes arising from the use of this Site, or these Terms and Conditions concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state as set forth in the previous section. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this section, except as may be required by statute.
TERMS OF USE OF THE ARGANIA GREENLOOK® E-STORE
PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THEARGANIA GREENLOOK® (the "E-Store"). The following are the terms of the agreement between ARGANIA GREENLOOK®. (“ARGANIA GREENLOOK®”) and the Buyer (“Buyer”) of any products throughARGANIA GREENLOOK® website (the “Site”). Buyer is requested to review these terms carefully before ordering:
INTRODUCTION
Buyer agrees to the terms and conditions outlined in this Online Contract ("Contract") with respect to the goods and information provided by or through the E-Store. This Contract constitutes the entire and only agreement between ARGANIA GREENLOOK® and Buyer, and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the goods and information provided by or through the E-Store, and the subject matter of this Contract. Buyer agrees to review this Contract prior to purchasing anything and purchase of a good shall be deemed acceptance of this Contract.
SETUP AND PAYMENT
Buyer represents and warrants that (i) the credit card information supplied is true, correct and complete and (ii) charges incurred by the Buyer will be honored by the Buyer's credit card company and (iii) Buyer shall pay charges incurred by Buyer at the amounts in effect at the time incurred, including all applicable taxes. Buyer shall be responsible for all charges incurred through use of Buyer's password. Buyer agrees to keep his or her password confidential and to notify Moroccanoil within 24 hours of any breach of this Contract or unauthorized use of the password. Moroccanoil does not protect Buyer from unauthorized use of Buyer's password.
COPYRIGHT
The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the E-Store are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights, and, the copying, redistribution, use or publication by a Buyer of any such content or any part of the E-Store is prohibited.
EDITING, DELETING, AND MODIFICATION
ARGANIA GREENLOOK® reserves the right in its sole discretion to remove any goods for sale from the E-Store. Upon notice published over the E-Store,ARGANIA GREENLOOK® may modify this Contract, or prices, and may discontinue or revise any or all aspects of the E-Store in its sole discretion and without prior notice. Modification of this Contract will be deemed effective upon publication on the E-Store with respect to transactions occurring after said date.
RIGHT TO REFUSE
ARGANIA GREENLOOK® reserves the right in its sole discretion to refuse service at any time. Sale of any goods is subject to availability. INDEMNIFICATION Buyer agrees to indemnify, defend and hold ARGANIA GREENLOOK® and its affiliates, licensors and suppliers harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to a Buyer's violation of this Contract or use of the E-Store.
NON-TRANSFERABLE
Buyer's right to use the E-Store is not transferable and is subject to any limits established by ARGANIA GREENLOOK® or by Buyer's credit card company.
DISCLAIMER
The goods offered through the e-store are provided "as available," and all warranties, express or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose). The sole and entire maximum liability of ARGANIA GREENLOOK®, for any reason, and buyer's sole and exclusive remedy for any cause whatsoever, shall be limited to the amount paid by the buyer for the particular items purchased. ARGANIA GREENLOOK® and any of its affiliates, dealers or suppliers are not liable for any indirect, special, incidental, or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. The limitations of damages set forth above are fundamental elements of the basis of the bargain between ARGANIA GREENLOOK® and buyer. This e-store and goods would not be provided without such limitations. Some state statutes may apply regarding limitation of liability.
ORDER CONFIRMATION & SHIPPING
After Buyer’s order has been submitted, a page will be displayed confirming that the order was received. An email confirming receipt of the order will also be sent to Buyer shortly after the order is submitted. If an order confirmation does not arrive within 24 hours after submission, Buyer shall contact ARGANIA GREENLOOK® Online Customer Service via email at hello@argania-cosmetics.com for assistance.ARGANIA GREENLOOK® orders are shipped on business days (Monday through Friday 8:30-17:30, excluding major holidays). All orders are subject to authorization. Only authorized orders will be processed and shipped. If an order was not shipped, was incorrectly shipped, is missing a product or contains a damaged or defective item, Buyer shall contact Moroccanoil Online Customer Service by email at hello@argania-cosmetics.com for assistance.
CUSTOMER SATISFACTION
ARGANIA GREENLOOK® stands behind the quality of our products. We believe that we can work together with our customers to make every purchase a positive experience. In the event you are not satisfied with your purchase or have any concerns, please follow the guidelines outlined in ARGANIA GREENLOOK® return and refund policy below. Terms and Conditions for Products Purchased Online For defective items If a product purchased on the E-Store is defective customer shall contact ARGANIA GREENLOOK® Online Customer Service by email at hello@argania-cosmetics.com, within 30 days of receipt of product. In order to process its request, the customer shall provide a detailed description of the defect, pictures if possible and the original order number. ARGANIA GREENLOOK® will replace the defective item or item’s part (ie.pump) at no charge. ARGANIA GREENLOOK® reserves the right to pick up any defective products from the customer to further investigate the defects in question. Not satisfied with the product If a customer is unsatisfied with a purchase made on the E-Store, customer shall contact ARGANIA GREENLOOK® Online Customer Service by phone at by email at hello@argania-cosmetics.com, within 30 days of receipt of product. ARGANIA GREENLOOK will offer the customer a ARGANIA GREENLOOK® Gift Card for the total amount of the product excluding shipping charges and taxes. In order to process its request, the customer shall provide the original order number and confirm any personal information necessary to issue the GiftCard. ARGANIA GREENLOOK® reserves the right to pick up any products from the customer that are deemed unsatisfactory. For missing items in an order If a customer received incorrect items in their order, customer shall contact Moroccanoil Online Customer Service by email at hello@argania-cosmetics.com, within 30 days of receipt of the order. ARGANIA GREENLOOK® will send out the correct products immediately, and reserves the right to pick up the products that were sent in error in order to have them returned back to the company. For Styling Tools Purchased online
USE OF INFORMATION
ARGANIA GREENLOOK® reserves the right, and Buyer authorizes ARGANIA GREENLOOK®, to the use and assignment of all information regarding Buyer’s use of the E-Store and all information provided by Buyer, subject to applicable law.
ACKNOWLEDGMENT
This Agreement represents the entire understanding between Buyer and ARGANIA GREENLOOK® regarding its use of the E-Store and supersedes any prior statements or representations.
ORDER LIMITS
Products ordered online are not for resale. As such, ARGANIA GREENLOOK® reserves the right to limit order quantities per item and the total value of products ordered per day and per month.
CURRENCY & SALE TAXES
All prices on the E-store are in US dollars and EURO. Buyer agrees that all orders shipped by Moroccanoil are subject to sales tax, applicable in accordance with the tax code of the state to which the order will be shipped. Tax is estimated at the time an order is placed and a final calculation of the actual sales tax will be reflected on Buyer’s order confirmation e-mail and packing slip.
SECURITY ONLINE
Credit card information entered on the E-Store is secure and safe using a Paypal. All orders placed on the E-Store are encrypted SSL, thereby protecting any credit card information that is submitted at the time of the order. By using the most advanced consumer online security technique to date, ARGANIA GREENLOOK® can ensure that all orders are placed safely and securely. As such, ARGANIA GREENLOOK® is not liable for any direct or indirect damages related to credit card fraud or theft.
INTERNATIONAL ORDERS
At this time, Moroccanoil ships worldwide, the shipping dates may vary depending on the country.
CUSTOMER SERVICE
For any questions on how to order or the status of an order, please contact ARGANIA GREENLOOK® Online Customer Service by phone at +33 1 44 71 35 62, Monday to Friday 8:30-17:30, or via email at hello@argania-cosmetics.com for assistance.
COMMUNICATION
As a member, you may periodically receive marketing emails from ARGANIA GREENLOOK® about the Program. You may opt-out of the marketing emails at any time, but operational emails will still be sent to you as it relates to your membership in the Program. Examples of these include the welcome email, Rewards updates, etc.
CHANGES TO THESE TERMS & CONDITIONS
ARGANIA GREENLOOK® may, in its sole discretion, change these Terms (including all applicable terms, conditions, limitations and requirements on the ARGANIA GREENLOOK® argania-cosmetis.com website), without notice to you. If any change to these Terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or terms and conditions. Your continued participation after we change these Terms constitutes your acceptance of the changes. If you do not agree to any changes, you must cancel your Auto-delivery.