You as a Customer or a Member confirm your understanding and agreement to these terms and conditions (“Agreement”) when you apply and join as a member of My L’Occitane Loyalty Programme. This Agreement constitutes a legal agreement between you and the Company. If you do not agree, then you must withdraw your application or cancel your membership whereby you will not use any Reward points or discontinue from enjoying the benefits of the Loyalty Programme.

Only Malaysia registered mobile numbers are recognized and acknowledged to join the L’Occitane Membership program. Non-Malaysia registered mobile number will be registered as regular customer in which upon opting-in, customer would be receiving L’Occitane’s newsletter communications and updates.

1. DEFINITIONS

1.1  In these Terms, the following phrases shall have the following meanings:

“Company” means L'Occitane Malaysia Sdn Bhd;“Customer” means any potential or existing customer of the Company aged 18 years old and above, which includes but is not limited to a Member;

“Loyalty Programme” means My L’Occitane Loyalty Programme, the loyalty programme established by the Company whereby the Member is entitled to redeem the Products by using accumulated reward points, subject to these Terms;

“Member” means any Customer who has met the qualification criteria to apply to join the Loyalty Programme and whose application to join the Loyalty Programme has been accepted by the Company and has not been revoked by the Company;

“Products” means any products sold by the Company from time to time under the brand name “L’Occitane”;           

“Territory” means Malaysia;           

“Terms” means these ‘Terms of Loyalty Programme’ as amended from time to time.

2. GENERAL

2.1 The purpose of these Terms are to govern the qualification and application for membership, and conduct, of the Loyalty Programme.

2.2 These Terms shall come into immediate effect upon publication on the Company’s website and shall supersede all previous terms in respect of My L’Occitane Club Membership and the Loyalty Programme. The Company shall be entitled to modify some or all of these Terms in the Company’s absolute discretion at any time without prior notice.

2.3 All representations and warranties in respect of the Products shall be subject to the Company’s relevant terms of sale as may be applicable from time to time. Nothing in these Terms shall be construed as or imply any representation or warranty in respect of the Products, including but not limited to the fitness or suitability of the Products for any Customer or Member.

2.4 These Terms shall not be construed as or deemed to be an offer or invitation to purchase or redeem the Products. The Company makes no representation or assurance as to the availability of any Products. All Products are subject to availability of inventory.

2.5 All amounts for purposes of the minimum spending requirements in these Terms exclude any discounts, vouchers, loyalty point redemption, service tax, sales tax, goods and services tax and all other value added taxes (collectively “VAT”) (if and to the extent applicable). In the case of redemption of reward points, the redemption value shall include amounts payable for purposes of VAT and, in any case, the Member shall bear and pay for the VAT.

2.6 These Terms shall automatically apply to all Customers who submit an application for membership of the Loyalty Programme and to all Members.

2.7 Presently, there are 2 types of memberships available as part of the Loyalty Programme and they are as follows:-

(a) Club membership; and

(b) Gold membership;and the benefits of each type of membership as set out https://shopify-my.loccitane.com/pages/loccitane-club-benefits which may be modified by the Company from time to time.

2.8 Participation in My L’Occitane Loyalty Programme is personal, non-transferable to and non-shareable with any third party.

3.QUALIFICATION CRITERIA – NEW MEMBER

3.1 The Loyalty Programme comprises two programmes for the time being:

(a) Club membership: for a Customer to qualify to apply for membership for this category, the Customer must purchase a minimum of RM250 worth of Products.

(b) Gold membership: for a Customer to qualify to apply for membership for this category, the Customer must purchase a minimum of RM1,000 worth of Products.

3.2 The minimum purchase amount in Clause 3.1 must be spent in a single receipt either at any of the Company’s authorised retail outlets in the Territory or through the Company’s dedicated website for the Territory (https://shopify-my.loccitane.com/).

3.3 In addition to the minimum spending criteria as set out above, in order to qualify to apply for membership for the Loyalty Programme, a Customer must be a natural person who is a citizen or lawful resident of Malaysia and provide an active and personal Malaysian mobile number and residential address in Malaysia.

3.4 Notwithstanding the foregoing or anything to the contrary in these Terms, the Company reserves the right to change the membership criteria at any time.

4. APPLICATION PROCESS

4.1 Subject to Clause

4.2, if the Customer satisfies the criteria for applying for membership of the Loyalty Programme under Clause 3, the Customer may apply for membership in such a manner as the Company may prescribe from time to time, including but not limited to completing such forms and providing such information and documents as the Company may request.4.2        Notwithstanding that the Customer may satisfy the membership application criteria, the Company has no obligation to accept or approve any application for membership and reserves the right to reject any application without assigning any reasons.

4.3 A Customer’s application for membership shall only be deemed to be successful upon the Company issuing written confirmation to that effect (in such format as the Company deems fit from time to time, including by letter, e-mail or text message) to the Customer.

5. REWARD POINTS AND REDEMPTION PROCESS

5.1        For every RM1 spent on purchases of the Products, the Member will be entitled to one (1) reward point. The purchases must be made either at any of the Company’s authorised retail outlets in the Territory or through the Company’s dedicated website for the Territory (https://shopify-my.loccitane.com/).

5.2  At the point of purchase or any time thereafter and if required by the Company, the Member must specify membership details or produce evidence of membership such as the Member’s identity documents including the Member’s mobile phone with the mobile number registered during at the application, failing which the Company reserves the right to not award any reward points or allow any redemption.

5.3 Reward points are awarded based on the net value of the purchase after deduction of discounts and vouchers. Reward points will not be awarded for any the following:           

(a) purchase of gift certificates;           

(b) corporate purchases;           

(c) purchase made at duty free stores;           

(d) purchases made using “Birthday e-Voucher”, “Redemption e-Voucher” and all other promotional vouchers.

5.4 Reward points are non-transferable to and non-shareable with any third party (including but not limited to another Customer or Member) and are not exchangeable for cash.

5.5 Reward points can be redeemed for any of the Products at any of the Company’s authorised retail stores in the Territory.

5.6 Once a Member has exercised a redemption, the redemption cannot be changed or reversed.

5.7 When collecting birthday privilege, the Member are required to produce evidence of membership such as the Member’s identity documents including the Member’s mobile phone with the mobile number registered during at the application. And when redeeming any rewards point, the Member are required to provide OTP code. The OTP code will be sent to the mobile number registered during at the application. For the avoidance of doubt, if the Company in its sole and absolute opinion, believes the points has been redeemed or suspects any fraud or abuse, then the Company reserves the right to not allow any redemption without assigning any reasons whatsoever. For reward points redemption, an OTP requested and provided by the member’s during the redemption will act as a form of authorization from the member during instore/online purchase of the Company. Therefore, the member shall be solely responsible to safeguard his/her own OTP and not allow the OTP to be misused.

5.8 The Member shall top-up any shortfall or difference between the amount available for redemption and the price of the Products.

5.9 Reward points shall expire at the end of 12 months from membership join date. Any remaining reward points which have not been redeemed by expiry date shall automatically expire and/or shall be deemed to have been forfeited.

6. RENEWAL AND UPGRADE OF MEMBERSHIP

6.1 Unless further renewed, memberships shall expire at the end of the 12 months from membership join date.

6.2 Renewal of membership is not automatic. In order to qualify for renewal of membership:(a) members who hold Club membership must make a minimum of 2 visits with purchase (no minimum spend) within the 12 months from membership join date;

(b) members who hold Gold membership must spend a minimum of RM1,000 within the 12 months from membership join date.

6.3  Notwithstanding that the Customer may satisfy the renewal or upgrade criteria, the Company has no obligation to renew or upgrade any membership and reserves the right to not renew or upgrade any membership without assigning any reasons.

7. SPECIAL CONDITIONS

7.1 The Company’s policy in respect of the Loyalty Programme is ‘one Customer, one membership’. Under this policy, the following are not permitted:

(a) no person is permitted to apply for, obtain or hold multiple memberships of the Loyalty Programme, including but not limited to procuring any third party (whether or not such party is a Customer or Member) to apply for membership of the Loyalty Programme on behalf of such person.

(b) no person shall request or cause a third party (whether or not such party is a Customer or Member) to redeem or purchase Products on behalf of such person.

7.2 The sale or supply of the Products by the Company, whether generally or vide redemptions under the Loyalty Programme, is to allow Customers to obtain Products for personal use only. The Company is entitled, in its sole and absolute discretion, to limit or restrict the quantity of Products that a Customer or Member (as the case may be) may purchase or redeem (as the case may be), decline to sell any Products to any Customer or Member (as the case may be) or refuse to allow any Member to redeem the Products. In any event, no Customer and/or Member is permitted to sell, supply, distribute, export or otherwise resell in any manner any of the Products (whether purchased, redeemed or otherwise) to any third party, whether or not such third party is a Member or Customer and whether or not such third party is based in the Territory. The foregoing restrictions shall apply to all formats of resale (including but not limited to retail, wholesale and online) and survive cessation, disqualification, revocation, termination or non-renewal (as the case may be) of the Member’s membership or termination of the Loyalty Programme in its entirety.

7.3 Without prejudice to other rights and remedies of the Company in respect of a breach of Clause 7.1 (including the right to seek an injunction or other equitable relief), in the event that any Member breaches the restrictions under Clause 7.2, the Member shall immediately, on demand by the Company, pay the Company liquidated ascertained damages equivalent to 1.25 times of the retail price of the Products (based on the retail price applicable at the time the Member redeemed each Product under the Loyalty Programme) for every unit of the Products redeemed by the Member pursuant to the Loyalty Programme (and it shall not be necessary for the Company to prove that the entire quantity of Products redeemed by the Member have been resold by the Member).

8. TERMINATION / REVOCATION

8.1 The Member shall automatically cease to be a member of the Loyalty Programme upon the occurrence of the earliest of the following events:

(a) the Member ceases to satisfy or does not fulfil the membership qualification or renewal criteria;(b) the Member does not purchase such value of Products per annum equivalent to the applicable minimum spend amount;

(c) the Member breaches or does not comply with any of these Terms including reselling the Products to third parties;

(d) the Member has provided any false or misleading information to the Company; or

(e) the Member’s membership is not renewed by the Company.

8.2 Notwithstanding Clause 8.1, the Company may, at any time and without assigning any reasons, terminate or suspend:           

(a) the Loyalty Programme in its entirety; or

(b) the Member’s membership.

8.3 Upon cessation, disqualification, termination or non-renewal (as the case may be) of the Member’s membership or termination of the Loyalty Programme in its entirety, the Member’s reward points which have not been redeemed shall automatically expire and/or be deemed to have been forfeited. The Company shall have no obligation to compensate the Member for any such reward points.

8.4 Cessation, disqualification, termination or non-renewal (as the case may be) of the Member’s membership or termination of the Loyalty Programme shall not affect any redemptions which are pending processing by the Company or collection by the Member, provided that there are no outstanding breaches of these Terms by the Member.

8.5 Cessation, disqualification, termination or non-renewal (as the case may be) of the Member’s membership or termination of the Loyalty Programme shall not affect the Company’s claims against the Member for any antecedent or outstanding breaches of these Terms.

9. MISCELLANEOUS

9.1These Terms shall be binding upon and inure for the benefit of the respective heirs, personal representatives, successors-in-title or permitted assigns, as the case may be, of the Parties.

9.2 The Customer shall not assign its rights or obligations to any third party without obtaining the prior written consent of the Company. The Company is entitled to assign its rights and/or obligations under these Terms and/or the Loyalty Programme to any third party by giving written notice to the Customer.

9.3 These Terms shall be governed by and construed in accordance with Malaysian law. All disputes arising out of these Terms shall be subject to the jurisdiction of the Malaysian courts.

9.4 The Company is authorised to store, process, update, analyse or use the Customer’s personal and other data (including but not limited to name, postal address, contact details, age, gender, product preferences, spending pattern and internet browsing habits) to the fullest extent permitted by applicable law, including but not limited to sending information on the Products to the Customer from time to time. The Customer shall promptly notify the Company of any changes to the Customer’s data, including contact details.

9.5 The Company hereby excludes liability to the fullest extent permitted by law for all direct and indirect claims, damages, losses, expenses, penalties, fines, taxes and other liabilities that may be suffered or incurred by or claimed against the Customer as a result of any act or omission of the Company, whether or not such act or omission amounts to a breach of these Terms or applicable laws, negligence or wilful misconduct on the part of the Company.

9.6 Without prejudice to Clause 9.5, the Company’s aggregate liability to the Customer for all acts or omissions of the Company shall not under any circumstances exceed a sum equivalent to the minimum spending criteria for qualification of membership of the Loyalty Programme as specified in these Terms.