Eucerin France
Terms and Conditions
1. Introduction 1.1 This website can be accessed at shop.beiersdorf.com (the "Website") and is owned and operated by Beiersdorf AG, Unnastr. 48, 20253 Hamburg, Germany ("Beiersdorf", "we", "us" and "our"). 1.2 These Terms of Use apply to the use of our Website ("Terms"). 1.3 These Terms are binding and enforceable against every Customer that accesses or uses this Website ("Customer", "you"). By accessing the Website you are deemed to have understood and have agreed to these Terms. If you don't agree with these Terms, please do not use our Website. We may unilaterally amend these Terms. The latest version of the Terms will apply. 1.4 This Website enables our Customers to get access to invoices as well as your order status and order history for any direct purchases of our products the Customer have made. 2. Registration and use of the website 2.1 Only registered Customers may access the user restricted area of this Website. 2.2 To register as a user of the Website, Customer must provide a unique Customer user name and password and provide certain personal information to Beiersdorf. Before registration Beiersdorf will contact the Customer for access and user activation. After user activation, Customer must provide a unique password. Customer will need to use Customer unique user ID and password to access the Website in order to get access to its profile (in particular access to the invoices). 2.3 Customer agrees and warrants that Customer's user ID and password shall not be disclosed by Customer to any third party expect from Customer's tax advisor. Customer remains responsible for the Use of the Website by its tax advisor. Furthermore, Customer is repsonsible for maintaining the security of its account. 2.4 For security purposes, Customer agrees to enter the correct user ID and password whenever accessing the restricted user area, failing which, Customer will be denied access. 2.5 Customer agrees that, once the correct user ID and password relating to Customer's account have been entered, irrespective of whether the use of the user ID and password is unauthorised or fraudulent, Customer will be liable for all acitivities that occur under the account. 2.6 Customer agrees to notify Beiersdorf immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of Customer user name and password and to take steps to mitigate any resultant loss or harm. 2.7 Customer agrees that Customer will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, Customer agrees that Customer will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein. 2.8 Customer may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised Beiersdorf representative. 3. Providing access to invoices 3.1 Registered Customers may access its user account, where they have the possibility to view invoices as well as order status and order history of Customer's purchases of our products. Beiersdorf will provide the Customer with all invoices of direct purchases of Beiersdorf products. The invoices will be stored and accessible for the Customer for 11 years (in accordance with statutory laws reflecting the obligation to keep records) as of the invoice date. 4. Errors 4.1 We do not accept liability for the accuracy, topicality and completeness of the information on our Website.We do not warrant that the content of the Website is correct, current and complete, or that the Website will operate uninterrupted and/or be error-free. To the extent permitted by law, we hereby exclude all liability for any damage whatsoever, direct or indirect, in any way arising from or arising from your use of the Website or any other site linked to the Website. More in particular, we will not be liable for any damage whatsoever that arises in any way by or ensues from: actions performed by you; the inability to use the Website; and the fact that certain information on the Website is incorrect, incomplete or out of date. 5. Changes to these Terms 5.1 Beiersdorf may, in its sole discretion, change any of these Terms at any time. It is Customer's responsibility to regularly check these Terms and make sure that Customer are satisfied with the changes. Should Customer not be satisfied, Customer must not use the Website. 5.2 Any such change will only apply to Customer's use of this Website after the change is displayed on the Website. If Customer uses the Website after such amended Terms have been displayed on the Website, Customer will be deemed to have accepted such changes. 6. Ownership and copyright 6.1 The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website ("Website Content") are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of Beiersdorf and/or is licensed to Beiersdorf. 6.2 Customer will not acquire any right, title or interest in or to the Website or the Website Content. 6.3 Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms or otherwise provided for in law. 6.4 Where any of the Website Content has been licensed to Beiersdorf or belongs to any third party, Customer's rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and Customer agrees to comply with such third party terms and conditions. 7. Disclaimer 7.1 The use of the Website is entirely at Customer's own risk and Customer assumes full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website. 7.2 Whilst Beiersdorf takes reasonable measures to ensure that the content of the Website is accurate and complete, Beiersdorf makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by Beiersdorf's representatives, Beiersdorf shall not be bound thereby. 7.3 Beiersdorf disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with Customer's access to or use of the Website and/or any content therein unless otherwise provided by law. 7.4 The Website itself and all information provided on the Website is provided "as is" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law. 7.5 In addition to the disclaimers contained elsewhere in these Terms, Beiersdorf also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of Customer's computer system, computer network, hardware or software in any way. Customer accepts all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or Customer hardware or software, save where such risks arise due to the gross negligence or willful misconduct of Beiersdorf, its employees, agents or authorised representatives. Beiersdorf thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with Customer's access to or use of the Website. 8. Availability and termination 8.1 We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to Customer. 8.2 Beiersdorf may in its sole discretion terminate, suspend and modify this Website, with or without notice to Customer. Customer agrees that Beiersdorf will not be liable to Customer in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by Customer prior to such time, to the extent possible. 8.3 If Customer fails to comply with its obligations under these Terms, this may (in our sole discretion with or without notice to Customer) lead to a suspension and/or termination of Customer access to the Website without any prejudice to any claims for damages or otherwise that we may have against Customer. 8.4 Beiersdorf is entitled, for purposes of preventing suspected fraud and/or where it suspects that Customer are abusing the Website to blacklist Customer on its database (including suspending or terminating Customer's access to the Website), on notice to Customer. Beiersdorf accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order. 8.5 At any time, Customer can choose to stop using the Website, with or without notice to Beiersdorf. 9. Governing law and jurisdiction 9.1 These Terms and the relationship and/or any dispute arising from or in connection with these Terms between Beiersdorf and Customer, shall be governed and interpreted in accordance with the laws of the Federal Republic of Germany. Customer's continued use of the Website will constitute Customer's consent and submission to the jurisdiction of the German courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms. 9.2 In the event of any dispute arising between Customer and Beiersdorf, Customer hereby consents to the exclusive jurisdiction of the competent Courts of Hamburg, Germany. 10. General 10.1 Beiersdorf may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the Customer's right to use the Website or any of its contents. 10.2 Customer may not cede, assign or otherwise transfer Customer rights and obligations in terms of these Terms to any third party, unless explicitly stated differently herein. 10.3 Any failure on the part of Customer or Beiersdorf to enforce any right in terms hereof shall not constitute a waiver of that right. 10.4 The invalidity or inapplicability of a provision of these Terms will not affect the validity of other provisions. If a provision is invalid or inapplicable, we will replace this provision by a provision which comes as close as (legally) possible to the economic purpose pursued by us in the original provision.