Terms and Conditions

TERMS OF USE OF THE MOROCCANOIL^® 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 Moroccanoil Websites (collectively, the “Moroccanoil Web Sites”) operated by Moroccanoil Israel, Ltd. or its affiliates or subsidiaries (“Moroccanoil”), is comprised of various Web sites and Web pages. The Moroccanoil Web Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Moroccanoil Web Sites constitutes your agreement to all such terms, conditions, and notices. Your use of a particular Moroccanoil website included within the Moroccanoil Web Sites network may also be subject to additional terms outlined elsewhere on that website (the “Additional Terms”). Additionally, the Moroccanoil 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 Moroccanoil website, then these terms shall control.

MODIFICATION OF THE TERMS OF USE

Moroccanoil reserves the right to change the terms, conditions, and notices under which the Moroccanoil Web Sites are offered, including but not limited to the charges associated with the use of the Moroccanoil 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 Moroccanoil 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 Moroccanoil 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 Moroccanoil is strictly prohibited.

Harassment in any manner or form on any of the Moroccanoil Web Sites, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a Moroccanoil employee, host, or representative or other members or visitors on the Moroccanoil Web Sites is prohibited. You may not upload to, distribute, or otherwise publish through the Moroccanoil 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 Moroccanoil 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 Moroccanoil. The collective work includes works that are licensed to Moroccanoil. ALL RIGHTS RESERVED. All trademarks, service marks, and trade names (collectively the “Marks”) are trademarks or registered trademarks of and are proprietary to Moroccanoil, or other respective owners that have granted Moroccanoil the right and license to use such Marks.

NOTICES AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the website’s designated agent.

ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.

Moroccanoil respects the intellectual property of others, and we ask our users and visitors to do the same. Moroccanoil 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, Moroccanoil 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 Moroccanoil the following information. Please be advised that to be effective, the Notification must include ALL of the following:

1. a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
2. a description of the copyrighted work that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the Moroccanoil Web Sites;
4. your address, telephone number, and email address and all other information reasonably sufficient to permit Moroccanoil to contact you;
5. 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;
6. 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:

Moroccanoil
Legal Department
5742 Ferrier Street
Montreal, QC. Canada H4P 1M7

BY FAX:

(514) 933 6998

TERMS AND TERMINATION.

These terms and conditions are applicable to you upon your accessing the Moroccanoil Web Sites. These terms and conditions, or any of them, may be modified or terminated by Moroccanoil without notice at any time for any reason. Moroccanoil 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.

Moroccanoil does not and cannot review all communications and materials posted to or created by users accessing the Moroccanoil 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 Moroccanoil Web Sites, Moroccanoil 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 Moroccanoil Web Sites. However, Moroccanoil 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 Moroccanoil at its sole discretion. Note that any personally identifiable information you may post or transmit will be treated by Moroccanoil in accordance with Moroccanoil’s 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. Moroccanoil will have no obligations with respect to the Communications. Moroccanoil 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. Moroccanoil may, but is not obligated to, monitor or review any areas on the Moroccanoil 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. Moroccanoil, 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.

Moroccanoil, directly or via its third party contractors, may collect, organize and use any content created or otherwise supplied by customers on Moroccanoil’s 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 Moroccanoil 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 Moroccanoil 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 Moroccanoil and any of its third party contractors to use the CGC for any lawful purpose.

Neither Moroccanoil nor its third party contractors shall be liable for any CGC, and Moroccanoil’s 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 Moroccanoil’s transfer to and use by Moroccanoil’s 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 Moroccanoil’s 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 Moroccanoil 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 Moroccanoil’s 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 Moroccanoil (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 Moroccanoil’s third party contractors’ marketing technology and related services and/or Platform. Customer consents for Moroccanoil and any of its third party contractors to use any cookies or similar technologies on or through Moroccanoil’s 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 1-888-700-1817, or via email at info@moroccanoil.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 Moroccanoil, Moroccanoil has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Moroccanoil. Moroccanoil 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 Moroccanoil 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.

Moroccanoil makes no warranties or representations about the accuracy or completeness of this Site’s content or the content of any site or External Sites.

Moroccanoil 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, Moroccanoil 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. Moroccanoil 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. Moroccanoil 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 Moroccanoil be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential, damages, or any damages whatsoever, even if Moroccanoil 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.

APPLICABLE LAWS.

Your use of The Moroccanoil Web Sites shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to the Moroccanoil Web Sites (including but not limited to the purchase of Moroccanoil products) shall be in the state or federal courts located in Los Angeles, California. Any cause of action or claim you may have with respect to the Moroccanoil Web Sites (including but not limited to the purchase of Moroccanoil products) must be commenced within one (1) year after the claim or cause of action arises. Moroccanoil’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Moroccanoil may assign its rights and duties under this Agreement to any party at any time without notice to you.

Moroccanoil makes no representation that materials in the Moroccanoil Web Sites are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from locations outside California do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of U.S. export laws and regulations. Any claim relating to the materials shall be governed by the internal substantive laws of the State of California.

ARBITRATION.

By using this Site, you agree that Moroccanoil, 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 MOROCCANOIL E-STORE

PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THE Moroccanoil E-STORE (the “E-Store”). The following are the terms of the agreement between Moroccanoil Inc. (“Moroccanoil”) and the Buyer (“Buyer”) of any products through Moroccanoil’s 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 Moroccanoil 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

Moroccanoil reserves the right in its sole discretion to remove any goods for sale from the E-Store. Upon notice published over the E-Store, Moroccanoil 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

Moroccanoil 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 Moroccanoil 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 Moroccanoil 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 Moroccanoil, 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. Moroccanoil 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 Moroccanoil 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 Moroccanoil Online Customer Service by phone at to 1-888-700-1817 , or via email at info@moroccanoil.com for assistance.

Moroccanoil 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 phone at to 1-888-700-1817 , or via email at info@moroccanoil.com for assistance.

Customer Satisfaction

Moroccanoil 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 Moroccanoil’s 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 Moroccanoil Online Customer Service by phone at 1-888-700-1817, or via email at info@moroccanoil.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. Moroccanoil will replace the defective item or item’s part (ie.pump) at no charge. Moroccanoil 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 Moroccanoil Online Customer Service by phone at 1-888-700-1817, or via email at info@moroccanoil.com, within 30 days of receipt of product. Moroccanoil will offer the customer a Moroccanoil 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. Moroccanoil 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 phone at 1-888-700-1817, or via email at info@moroccanoil.com, within 30 days of receipt of the order. Moroccanoil 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

LIMITED WARRANTY

Moroccanoil shall provide a limited warranty for each of its styling tools against defects in materials and workmanship for one (1) year from the original purchase date (“Warranty Period”) except for the MO2000 Professional Series Tourmaline Ceramic Hair Dryer, the Professional Series Titanium Ceramic Hairstyling Iron, and the Professional Series Titanium Curling Iron for which the Warranty Period is two (2) years. If we receive a valid claim, with proper documentation of purchase, relating to any Moroccanoil styling tools purchased directly from us or through our authorized distribution network, we will repair or replace your returned product with one of equal or greater value at our option. Please note that all authorized returns must shipped to us at your expense unless advised otherwise. This limited warranty does not cover products sold by unauthorized dealers.

This limited warranty is void if the product has been damaged by unreasonable use, misuse, neglect, normal wear and tear or other causes not arising out of defects in materials or workmanship.

If a product is defective, customer shall contact Moroccanoil Online Customer Service by phone at 1-888-700-1817, or via email at onlinestore@moroccanoil.com. In order to process its request, the customer shall provide a detailed description of the defect and a proof of purchase.

Returning online orders to a store location:

You may not return online orders at any store locations that sells Moroccanoil products. For returns of products purchased from salons, please see our In-store Return Policy stated below.

Items non-eligible for returns or replacements:

• Gift cards
• Products damaged through normal wear and tear (non-manufacturer’s defects)
• Shipping or delivery charges
• GWPs and promotion items 

Terms and Conditions for Products Purchased In Store

For defective items

Moroccanoil shall provide a limited warranty for its products against defects in materials and workmanship for one (1) year from the original purchase date (“Warranty Period”). If a product purchased from a salon is defective, customer shall first contact the place of purchase for assistance. If issue is left unresolved, customer shall contact Moroccanoil Customer Service by phone at 1-888-700-1817, or via email at info@moroccanoil.com. In order to process its request, the customer shall provide the batch code of the product, the place of purchase, a detailed description of the defect, pictures if possible and a proof of purchase (in the case of styling tools). Moroccanoil will replace the defective item or item’s part (ie. Pump) at no charge. Moroccanoil reserves the right to request that defective products be returned to the company to further investigate the defects in question.

Not satisfied with the product

If a customer is unsatisfied with a purchase made in a salon or other authorized retailer, customer shall contact the place of purchase to request a return or exchange. Moroccanoil does not accept any returns or offer any exchanges for products purchased outside of the official Moroccanoil E-Store. Returns and Exchanges will remain at the discretion of the place of purchase.

USE OF INFORMATION

Moroccanoil reserves the right, and Buyer authorizes Moroccanoil, 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.

GOVERNING LAW

This Agreement is governed by the substantive laws of the State of California, without regard to the principles of conflicts of law, provided, however, the obligation to arbitrate shall be governed by the Federal Arbitration Act, which preempts any law that limits arbitration, such as California Code of Civil Procedure ” §§ 1281.2, 1281.3 or 1281.4.  Each person or entity who is a Party to this Agreement or subject to the arbitration provisions of this Agreement consents to jurisdiction and venue of the state and federal courts in Los Angeles, California.

Any cause of action of Buyer with respect to the E-Store must be instituted within 3 months after any purchase or be forever waived and barred. All actions shall be subject to the limitations set forth in the above Disclaimer. The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party.

LITIGATION

All legal proceedings arising out of or in connection with this Contract shall be brought solely in the State of California and Buyer expressly submits to the jurisdiction of said courts and Buyer consents to extra-territorial service of process. Should any part of this Contract be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the E-Store or Moroccanoil is in conflict or inconsistent with this Contract, this Contract shall take precedence. Failure of Moroccanoil to enforce any provision of this Contract shall not be deemed a waiver of such provision nor of the right to enforce such provision.

ACKNOWLEDGMENT

This Agreement represents the entire understanding between Buyer and Moroccanoil 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, Moroccanoil 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. 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 VeriSign SSL Certificate. All orders placed on the E-Store are encrypted, 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, Moroccanoil can insure that all orders are placed safely and securely. As such, Moroccanoil is not liable for any direct or indirect damages related to credit card fraud or theft.

INTERNATIONAL ORDERS

At this time, Moroccanoil ships strictly to the contiguous 48 U.S. states, plus Alaska and Hawaii. Shipments to U.S territories (such as Puerto Rico and Guam) and the Armed Forces are currently unavailable.

CUSTOMER SERVICE

For any questions on how to order or the status of an order, please contact Moroccanoil Online Customer Service by phone at 1-888-700-1817 , Monday to Friday 8:30-17:30, or via email at onlinestore@moroccanoil.com for assistance.

MOROCCANOIL BEAUTY CIRCLE LOYALTY PROGRAM TERMS AND CONDITIONS

The terms and conditions outlined in this Loyalty Program agreement (the “Loyalty Agreement”) govern membership in the Moroccanoil Beauty Circle Loyalty Program (“Program”). Participants in the Program are subject to the terms and conditions herein.

Your enrollment in the Program is expressly conditioned upon your compliance with this Loyalty Agreement. By enrolling into the Program, you (“you” or “Member”) agree that you have read, understand and agree to be bound by this Loyalty Agreement, including Moroccanoil’s Terms of Use and Privacy Policy, which are incorporated herein by reference, and to comply with all applicable U.S. laws and regulations. If you do not agree with the terms of this Loyalty Agreement, please do not become a Member or terminate your membership, if applicable. Program terms and conditions are void to the extent where prohibited by law. Taxes may apply where required by law. Your enrollment in the Program is subject to present and future Program terms and conditions.  This Loyalty Agreement does not alter in any way the terms or conditions of any other agreement you may have with us. If you do not agree to by bound by this Loyalty Agreement, our website Privacy Policy, and our website Terms of Use, you cannot enroll in the Program.

1. MEMBERSHIP:  The Program is offered at the sole discretion of Moroccanoil Israel Ltd. or its affiliates or subsidiaries (“Moroccanoil” or “we”). Membership is open to individuals who are legal residents of the United States (including its territories and possessions) and at least 18 years old or the age of majority in the Member’s jurisdiction of residence, whichever is older. Membership in the Program is voluntary. No purchase or payment of any kind is necessary in order to enroll in the Program. The Program is available to individuals for their personal use only and is limited to one account per individual. Corporations, associations or other groups may not enroll in the Program. Employees of Moroccanoil and their dependents are not eligible to enroll in the Program. Moroccanoil reserves the right to limit the number of participants in the Program.

2. MEMBERSHIP ENROLLMENT: Eligible individuals may enroll in the Program by visiting Moroccanoil.com (collectively, the “Site”), creating an account, and joining the Program. Individuals who already have an account on the Site are automatically enrolled in the Program. You may be required to provide your full name, telephone number, mailing address, email address, and other type of personal information and to create a password in order to enroll. Once you provide this information, you will be enrolled in the Program and provided a Member account. You are solely responsible for maintaining the accuracy of your account information and for updating it as required. Members must provide the required information to be enrolled and to be eligible for benefits and rewards, such as free gifts with purchase (“Rewards”). Only one Member account may be associated with a single email address. In the event of a dispute over ownership of the Member account, the member will be deemed to be the authorized account holder of the email address submitted at the time of enrollment.  For purposes of this Loyalty Agreement, the “authorized account holder” is the natural person who is assigned to the submitted email address by an internet provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.

3. PARTICIPATION:  The Program is a rewards program that benefits its Members with points every time they shop. You may earn points (“Points”) for each dollar you spend on online transactions on Moroccanoil.com, excluding federal, state, and local taxes, shipping charges, employee discounts, commercial account purchases, charitable donations, returns, refunds, and items purchased with a gift card, merchandise credits or any Rewards or other awards (“qualifying purchases”).  For your purchase to qualify to earn Points, you must be signed into your Member account at the time of purchase; or provide your Program member identification (that is, the email address you registered under the Program) when making a qualifying purchase. If you return items from a qualifying purchase, the appropriate number of Points will be automatically deducted from your account balance. Moroccanoil may also, at its sole discretion, provide additional Points in connection with certain transactions and promotions. You are able to earn Points and reach Program loyalty tiers by making eligible purchases or taking certain other Program actions. Once you earn Points and reach a certain loyalty tier, you may be eligible for certain Rewards applicable to that tier, which may change from time to time and may be offered on a limited basis. Eligible purchases and other opportunities to earn Points and reach Program loyalty tiers will be posted on the Site or may be published through other media (for example, in marketing communications and social media).  Visit our FAQs to learn more about earning points and reaching the Program loyalty tiers.

4. POINTS:  Points have no cash value, are non-negotiable, and cannot be redeemed either in whole or in part for cash. Only the Member paying for products in a qualifying purchase may accumulate Points or Rewards. Points do not constitute property of any Member or other person and may not be brokered, bartered, pledged, gifted, sold or otherwise transferred for consideration, other than by Moroccanoil or as expressly provided for in this Loyalty Agreement, and any receipt or use of Points in violation of the terms and conditions herein will render such Points void. Neither accounts nor Rewards or Points may be shared or combined. Points earned are not eligible for redemption for 72 hours once they are awarded.  Points are not capable of being combined or transferred to any other type of Moroccanoil promotion or award. After 12 months of inactivity, Points may expire. Inactivity is defined as a period in which a Member earns no Points or redeems no Points.

5. REWARDS AND REDEMPTION:  The number of Points necessary to earn a Reward is determined by Moroccanoil in its sole discretion and may be changed without prior notice to you. You may view how many Points you have accumulated by signing into your online Moroccanoil account and visiting your account details. You may redeem Rewards by accessing your account at moroccanoil.com. Once you select your Reward, you will receive a unique code (“Code”), which you must enter at checkout with your purchase. Points used to redeem a Reward will be deducted from the total Points available in your Member account. Points may not be used towards purchases of Moroccanoil gift certificates, charitable items, promotional value sets, sales tax, or shipping charges. We reserve the right to change Rewards, how you earn Points and reach each Program tier and how we evaluate and reward your eligible purchases and other Program activity. We reserve the right to place limits on the number of purchases or activities that are eligible for the Program or for any given tier, the number or types of Rewards you may receive or earn in any given tier, in a given time period or for the duration of the Program, or any combination thereof.  Rewards can only be redeemed on the Site, unless otherwise expressly authorized by Moroccanoil. You cannot combine Rewards with any other coupon or promotion. Rewards cannot be exchanged or returned for another product or service or a monetary refund. The products available through the Program are for your personal use only. You may not sell or resell any of the products you purchase or otherwise receive from us through the Program. We reserve the right, without notice, to cancel or reduce the quantity of any order to be filled or any products to provide to you that we believe, in our sole discretion, may result in a violation of this Loyalty Agreement. The Rewards and the Codes may expire in the event the Member does not redeem them in the 12 months following their issuance.

6. COMMUNICATION:  As a member, you may periodically receive marketing emails from Moroccanoil 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.

7. REWARDS ADDITIONAL TERMS AND CONDITIONS: Moroccanoil reserves the right to cancel, modify or restrict any aspect of the Program at any time with or without notice. Membership in the Program may be revoked at any time.  Membership is nontransferable. Any abuse of the Program, failure to follow any terms of the Program, or any misrepresentation may subject Members to revocation of Membership and will affect eligibility for further enrollment in the Program. Further, Moroccanoil reserves the right to seek all remedies, whether available at law or at equity, criminal or civil, in the event Member defrauds or abuses the Program, fails to follow any terms of the Program, or makes any misrepresentation to Moroccanoil. Program purchases, as reflected in Moroccanoil records, shall be deemed correct and Moroccanoil reserves the right to determine the qualification for any transaction and to correct or modify the Reward at any time based on Moroccanoil records and calculation of account information. Moroccanoil is not responsible for communications or Rewards lost due to an inaccuracy in or change of address or other contact information. The Program shall be governed by the laws of the State of New York, U.S.A., without regard to its conflict of laws and principles. Further, Members in the Program submit solely to the jurisdiction of state or local courts in the state of New York for adjudication of disputes arising from this Loyalty Agreement. Taxes on Rewards may apply where required by law. Any tax liability, including disclosure, is the sole responsibility of the Member. From time to time, Rewards balances and values will be updated in the Program. Please check your account details for the most up-to-date Point balances. Moroccanoil may waive compliance with these terms and conditions in its sole discretion and may run promotions from time to time that provide enhanced benefits to select Members. Notwithstanding the foregoing, Moroccanoil’s failure to exercise any of its rights under this Loyalty Agreement or its delay in enforcing or exercising any of those rights shall not constitute a waiver of such rights. If you have concerns that a purchase or other activity was not properly applied to your account, you should contact us by emailing info@moroccanoil.com. Your email must specify your name and email address associated with the Program, the date of the Program activity, and the issue you encountered. For more information about the Program or your Member account, email us at info@moroccanoil.com.

8. TERMINATION:  The Program has no predetermined termination date and may continue until such time as Moroccanoil, at its sole discretion, elects to designate a termination date for the Program. In the event that the Program terminates, Moroccanoil will notify you of the termination date. Moroccanoil reserves the right, in its sole discretion and without notice, to expire a Member’s account after one year of account inactivity. No extensions, cash refunds or other exchanges will be allowed for Points that have been removed from an account based on inactivity. Moroccanoil reserves the right to deactivate an Account in which Points were obtained as a result of fraudulent activity or technical failures of any kind. In order to reactivate an account, or if you want to cancel enrollment in the Program or request not to be communicated you must notify Moroccanoil at info@moroccanoil.com. All accrued Points will be lost if your Member account expires or is cancelled, and you will not be able to redeem any remaining Points for Rewards.

9. LIMITATION OF LIABILITY AND ADDITIONAL TERMS:  BY ENROLLING IN THE PROGRAM AND REDEEMING THE REWARDS, THE MEMBER AGREES THAT MOROCCANOIL AND ITS AFFILIATES AND SUBSIDIARIES AND ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY MEMBERS OR ANY PERSON FOR, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE OR EXEMPLARY DAMAGES) TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ANY ACTION TAKEN OR NEGLECTED TO BE TAKEN WITH REGARD TO THE PROGRAM, WITH THE EXCEPTION OF ERRORS IN POSTING POINTS TO ACCOUNTS.  THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR (A) LOSS OR MISDIRECTION OF, OR DELAY IN RECEIVING, ANY MEMBERSHIP APPLICATION, DATA, CORRESPONDENCE, OR REWARDS; (B) THEFT OR UNAUTHORIZED REDEMPTION OF CREDITS OR REWARDS OR USE OF A REWARD CAUSED BY CIRCUMSTANCES BEYOND THE REASONABLE CONTROL OF US OR OUR REPRESENTATIVES, AGENTS; (C) ANY ACTS OR OMISSIONS OF THIRD PARTIES; OR (D ) ANY ERRORS PUBLISHED IN RELATION TO THE PROGRAM, INCLUDING, WITHOUT LIMITATION, ANY TYPOGRAPHICAL ERRORS, ERRORS OF DESCRIPTION, AND ERRORS IN THE CREDITING OR DEBITING OF CREDITS FROM MEMBER ACCOUNTS. WE RESERVE THE RIGHT TO CORRECT, WITHOUT NOTICE, ANY ERRORS. IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU FOR ANY DELAY IN OR FAILURE TO PERFORM DUE TO CAUSES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ANY ACT OF GOD, AND ACT OF WAR, NATURAL DISASTER, TERRORISM, OR ANY ACT OR OMISSION OF A THIRD PARTY.

WITHOUT LIMITING THE FOREGOING, EXCEPT AS SPECIFICALLY PROVIDED OTHERWISE IN THESE PROGRAM RULES, EVERYTHING REGARDING THE PROGRAM, INCLUDING THE SITE AND THE REWARDS, ARE 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, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY.

THIS SECTION WILL SURVIVE TERMINATION OF MEMBER’S ENROLLMENT IN THE PROGRAM.

MOROCCANOIL AUTO-DELIVERY PROGRAM

Terms & Conditions

The following outlines the terms and conditions (“Terms”) for our Auto-delivery program (“Auto Replenishment”). These Terms are between you and Moroccanoil Israel Ltd. and/or its affiliates (“Moroccanoil”, “we”, or “us”), and govern your and our respective rights and obligations. The Terms constitute the entire agreement between you and Moroccanoil relating to the Auto-delivery program. Please note that your use of the moroccanoil.com website is also governed by our Terms and Conditions (insert link) and Privacy Policy, as well as all other applicable terms, conditions, limitation and requirements on the moroccanoil.com website, all of which (as updated from time-to-time) are incorporated into these Terms. By placing an order through our Auto-delivery program, you accept these terms, conditions, limitations and requirements.  Please read these Terms carefully.

How It Works:

The Auto-delivery program includes all of the benefits noted on the Frequently Asked Questions page, which are part of these Terms. Moroccanoil reserves the right to change the Auto-delivery benefits, including discount amounts (if any), shipping discounts (if any), and eligibility used to determine discount amounts, at any time in its sole discretion. All changes will apply to future orders, including for current Auto-delivery subscribers.

Auto-delivery Products

The Auto-delivery program is available for select Moroccanoil products sold through the moroccanoil.com website. Our Auto-delivery is only available to customers shipping to addresses in the continental United States. Your participation in the Auto-delivery program is personal to you, and you may not assign or transfer your participation in the Auto-delivery program or any benefits to any third party without our authorization.

Auto-delivery program benefits and any Auto-delivery limited time special Auto-delivery promotions in effect apply only to eligible products displaying the Auto-delivery message, and then only if you select the Auto-delivery delivery method. Auto-delivery is good while supplies last. Special limited time Auto-delivery promotions only apply during their effective dates.

All returns under the Auto-delivery program are subject to Moroccanoil’s Refund & Return Policy. Our Auto-delivery program is void where prohibited.

Payment, Renewal & Cancellation

The total cost charged to your payment method for each Auto-delivery order will be the cost of the item on the day the order is processed less the Auto-delivery discount (if applicable), plus any applicable sales tax.  Moroccanoil gift cards may not be used as payment for Auto-delivery orders.

The charge for each Auto-delivery item shipment will be billed to the payment method used to create your Auto-delivery account or as otherwise directed by you. In the event you need to update the payment information of your Auto-delivery account,,  you will need to cancel your Auto-delivery order and place a new one.

If your Auto-delivery order is temporarily out-of-stock, we will send you an email alerting you to that and will ship your order and charge your payment method as soon as it is back in stock. If you want to cancel your order during this period, please follow the cancellation methods listed below.

Your Auto-delivery will remain in effect until you cancel it. You may cancel at any time via your Auto-delivery page, which can be found by logging into your Account profile at moroccanoil.com or by calling Moroccanoil’s Customer Service at (1-888-700-1817).  Cancellations become effective immediately unless such cancellation is made less than forty-eight (48) hours before the product shipment date in which case the cancellation will be processed for the following shipment. If you cancel Auto-delivery for an item and then reactivate it, any discounts applied to the Auto-delivery item may not be the same discount in effect at the time of cancellation. If the Auto-delivery discount percentage for the program changes or any other Auto-delivery benefits change, the new discount and/or benefits will be applied to your future shipments of that item.

By choosing to participate in our Auto-delivery program and providing your credit card information, you consent to the storage of your credit card information by Moroccanoil. All credit card information is appropriately encrypted, thereby insuring that all orders are placed safely and securely. As such, Moroccanoil is not liable for any direct or indirect damages related to credit card fraud or theft.

Changes to These Terms & Conditions

Moroccanoil may, in its sole discretion, change these Terms (including all applicable terms, conditions, limitations and requirements on the Moroccanoil.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.