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GENERAL TERMS AND CONDITIONS FOR THE MUGLER PERFUMES LOYALTY PROGRAM "THE CIRCLE"

The General Terms and Conditions apply to contractual relations between L’Oréal Canada Inc., doing business as Mugler Canada (“MUGLER”) and its customers within the operational scope of the MUGLER Perfumes Loyalty Program.

1 – PURPOSE

The Mugler Loyalty Program (hereinafter "The Circle") is an offer from the MUGLER Beauté and headquartered at L’Oréal Canada – MUGLER -, 1500 Robert-Bourassa Blvd., Suite 600, Montreal, Quebec, H3A 3S7, which can be accessed at the following URL: www.mugler.ca.

The purpose of The Circle is to enable its "Members" to receive special benefits and services when purchasing Mugler products at licensed physical or virtual retail outlets within the Mugler selective distribution network in every countries except in United States of America, United Kingdom, France, Italy, Spain, Germany, where local website and The Circle Loyalty Program conditions are applied. Participation in this Rewards program is voluntary. You have no obligation to join the Mugler’s Rewards in order to purchase products at Mugler.

Each member is consider having read these provisions in their entirety and accepts them without reserve when joining The Circle.

Preamble: definitions

In these Terms and Conditions, the expressions below shall have the following meaning:

"Unique Code": the unique code is printed inside the MUGLER Perfumes product boxes. It comprises 11 characters (Example: NHTSX9HZ9JC).

"Refill Receipt": The Fountain MUGLER store receipt or refill invoice of a refilling fragrance sold from a licensed physical retail outlet within the L’Oréal SA selective distribution network.

"Website": the www.mugler.ca website is both the corporate and e-commerce website of the MUGLER brand used by MUGLER Beauté worldwide. It provides access to the Mugler loyalty program "The Circle".

"Member": any person over the age of legal majority in Canada and who has consented to participate in the Circle when creating an account and joining The Circle on www.mugler.ca.

"The Circle": the MUGLER perfumes loyalty program set up by L’Oréal SA.



2 – BECOMING A MEMBER OF THE CIRCLE


2.1 Membership in The Circle is open to any person over the age of legal majority in Canada and having given their consent to MUGLER to participate in Mugler loyalty program "The Circle" while creating a personal account and joining The Circle.

You may enroll in the Circle through www.mugler.ca or in one of Mugler’s Retail Store locations in Canada. To enroll, you must filli out the registration form aimed at collecting Members' personal information required (full name, email address, mailing address, phone number and date of birth).

Members attest to the accuracy of all the information provided throughout the duration of their membership. MUGLER reserves the right to request documentation at any time to prove the identity of a person who wants to subscribe or has subscribed to The Circle, notably if they possess the same name as another member. Any changes will be made immediately online or referred to Customer Relations in a timely manner.

Your enrollment will be confirmed with a welcome message at the email address provided which will include your Program enrollment information. Membership in The Circle is only effective as of the confirmation of account creation by the Customer. Membership is name-based, personal, and reserved for the personal, not professional, use of individuals.

Membership in The Circle is valid for an unlimited time subject to the provisions in Article 6 in these Terms and Conditions. The Member is entitled to withdraw his/her participation in The Circle at any time. He/she must request withdrawal by emailing the Customer Relations department of their country of residence, using our contact us form.

2.2 The Member shall identify him/herself with each connection to the Website using his/her email address and a password chosen beforehand, or by mail or phone to Customer Relations using his/her email address or mailing address, last name and first name.

Any changes in the Member's personal information (address, name, or any other indication that may be required to manage his/her participation) should be communicated as soon as possible to the customer relations department using our contact us form, or online under the "My account / My Profile" section. By enrolling in Mugler’s Rewards, you hereby represent that you meet the eligibility requirements, and agree to these Terms and Conditions, which may be updated from time to time by Mugler in its sole discretion. Changes to the Circle or these Terms and Conditions will be communicated via email or on this web page.

Only one Mugler Rewards Program account may be associated with a single email address. In the event of a dispute over ownership of Mugler Rewards membership account, the registration will be declared to have been made by the authorized account holder of the email address submitted at the time of enrollment. For purposes of these Terms, 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.

By enrolling in Mugler’s Rewards, you agree to provide true, accurate, current and complete information about yourself and maintain and promptly update the information to keep it true, accurate, current and complete. If you provide any data that is untrue, inaccurate, not current or incomplete, or if Mugler, in its sole discretion, suspects that your registration data is untrue, inaccurate, or incomplete or that you are in any way abusing your membership in the Circle, Mugler reserves the right to suspend, terminate or refuse your participation.



3 – COMMUNICATIONS AND REVIEWING YOUR ACCOUNT INFORMATION

As a member, you will periodically receive emails from Mugler. You may opt–out of the marketing emails at any time. However, as a Mugler’s Rewards member, you may not unsubscribe from operational emails specific to your Mugler Rewards account. Mugler Rewards emails serve the purpose of being a primary source of communications to you about your account status and activity. Examples of such emails include Mugler Rewards’ welcome email or any other communications that help us to ensure that your account is monitored.



4 - ADVANTAGES OF THE CIRCLE

Receiving surprises and special benefits

Purchase declarations could be converted into surprises and special benefits such as gifts, invitation to private events or sales, or vouchers available at licensed physical or virtual retail outlets within the Mugler selective distribution network depending on the member's country of residence. These privileges may be allocated throughout the year depending on the number of purchases registered by members and their country of residence. Mugler reserves the right, without limitation, to terminate, change, limit, modify or cancel any of the above with or without notice.

Methods for registering purchases

1. Mugler products with a Unique Code:

Members may register purchases by using the 11-character unique code printed inside the Mugler product’s box (Example: NHTSX9HZ9JC).

The unique code must be registered in the special form available on www.mugler.ca, on dedicated section "Register my unique code", or emailed to the Customer Care of the country of residence using our contact us form.

L’Oréal SA reserves the right to request the Member provide additional proof of purchase to validate participation in the Circle or registration of purchases.

2. Mugler products without a Unique Code:

Travel size products do not have Unique Codes: you will not be rewarded when you purchase these items.

Members may register a purchase that does not have a unique code only in the case of a Fragrance Refilling in store at The Fountain, by using the store receipt and invoice for a purchase made at participating licensed physical or virtual retail outlets within the Mugler selective distribution network.

The store receipt or the refill invoice must be current within 12 months and sent via email to L’Oréal SA along with the duly completed form intended for this purpose available for download on www.mugler.ca:

  • By email using our contact us form.
  • Or online at: www.mugler.ca on "Register a Refill receipt" section. The store receipt or the refill invoice at the MUGLER Fountain must be sent in the form of a digital photograph saved as a JPEG or PNG. Digital photos are only valid if they show the entire store receipt or invoice indicating the place name, date and time of purchase. The Member must have underlined the product(s) purchased, as well as the entire refill receipt.

MUGLER reserves the right to reject images that are incomplete or illegible as well as receipts or invoices bearing a name other than the name of the Member. MUGLER reserves the right to reject modified or illegible refill receipts, store receipts or invoices.

The information on the store receipts or invoices (namely, store name, city, date and time of purchase, name of the Mugler or other products purchased, quality, and price) is subject to digital processing per the terms and conditions set forth in Article 4 herein.

The Member's account shall be increased by the number of declared purchases earned once the information is entered into the system.

The Member may check that the unique codes or the proofs of purchase (refill receipts) which he/she registered online have been taken into account in the "Declared purchases history" section on the homepage of his/her Circle account. Only the name of the purchased product is indicated, not its price.

It should be noted that, we currently do not accept receipts sent via post. We are unable to guarantee these will be processed or returned should these be sent via post.

5 - PERSONAL DATA

MUGLER is liable for processing personal data for The Circle Loyalty Program. Information collected verbally by Customer Service or in writing on www.mugler.ca or by e-mail are subject to digital processing for the purpose of processing the Member requests, granting them the advantages earned for The Circle, sending them offers, news and personalized advertisements based on their previous purchases and/or interests, and to compile statistics and reports. This information is intended for MUGLER and any of its contractors acting for the purposes cited above. MUGLER saves this information for a period of three years from the date of the last purchase or contact. Members have a right to view, rectify, delete, and transfer their personal information as well as a right to oppose and restrict processing by emailing Customer Relations using our contact us form. Any personal information you provide to Mugler within the scope of the Circle will be subject to Mugler’s privacy policy.

6 - ACCESSING, ENDING AND CHANGING THE MUGLER LOYALTY PROGRAM " THE CIRCLE" TERMS AND CONDITIONS

Membership in the Circle and its benefits are offered at the entire discretion of MUGLER. At any time, MUGLER reserves the right to cancel, substitute or modify all or any part of the Mugler Loyalty Program as well as the advantages and services offered within the scope of this program subject to a 1-month notice to allow Members to use their benefits. MUGLER shall inform Members of these changes by posting the modified rules on this page. Your continued participation in the program after such posting will constitute your acceptance. These advantages will be lost if not used within this time period.

7 – LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ANY OF MUGLER’S, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND THEIR PROMOTION AGENCIES (“RELEASED PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROGRAM OR MERCHANDISE OFFERED THROUGH THE PROGRAM, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF MUGLER IMPROPERLY DENIES A MEMBER ANY POINTS, LIABILITY WILL BE LIMITED TO THE EQUIVALENT NUMBER OF POINTS. BY PARTICIPATING IN THE PROGRAM, A MEMBER WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM BEYOND ONE YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED.

By participating in the Mugler Rewards Program, each member hereby releases the Released Parties from and against any and all claims, damages, losses, liabilities, and other expenses (including, without limitation, attorney's fees) relating to that member’s participation in Mugler’s Rewards, use of points, or agreement to these program terms and conditions. Mugler is not responsible for requests or correspondence lost or delayed in the mail. Members also attest to have been thoroughly informed of the inherent features of the Internet and particularly of the fact that the reliability of transmitting data over the internet is merely relative, as these data are transported over non-similar networks with varying characteristics and capacities and may be saturated at certain times of day in such a way that may affect download times or data accessibility and that the Internet is an open network and, consequently, the information it carries is not protected against any risk of diversion or intrusion on their system, data pirating, programs and files on their system, contamination by computer viruses, and that it is the Member's responsibility to take all appropriate measures to protect the data, files or programs stores on their system against contamination by virus and intrusion attempts to their system.MUGLER reserves the right to refuse Circle membership to anyone who is not fulfilling the present Circle Terms and Conditions. Any breach of The Circle Terms and conditions by a Member or a third party acting on behalf of a Member, any misuse or fraudulent use of advantages received, any forgery of the information provided to MUGLER and any behavior by the Member that is considered detrimental to the interests of MUGLER will automatically lead to the Member's removal from The Circle.

In case of account removal or closure results in the loss of membership, the rights associated with the purchase amounts registered are lost (namely the balance of registered purchases and benefits), and the Member or third/eligible party may not request the conversion of this amount into surprises or claim any compensation whatsoever.

8. GENERAL PROGRAM CONDITIONS AND EXCLUSIONS

Mugler’s Rewards and Rewards Offers cannot be redeemed for cash at any time (unless required by law).

Reward and/or points cannot be applied to sales tax or shipping charges. Rewards points may not be applied to previous purchases. Redemption offers are time–limited or available only in limited quantities. Your points account have no cash value and cannot be redeemed for cash at any time. Your points account have no purpose or use other than in exchange for benefits, products or services offered by Mugler.

If you commit fraud, misrepresent any information, violate any Terms and Conditions, abuse your Mugler’s Rewards privileges or act in any other way to the detriment of Mugler we may, without affecting our other rights terminate your enrollment.

By enrolling in Mugler’s Rewards, you agree not to (a) take any action or (b) upload, post, submit or otherwise distribute or facilitate distribution of any User Content (including text, communications, software, photographs, videos, sound recordings, data or other information) using any communications service, discussion forum, or other feature available on or through Mugler’s Rewards, in any manner, that is unlawful, deceptive, misleading, fraudulent, threatening, abusive, harassing, libelous, invasive of another's privacy, tortious, obscene, profane, infringes on any patent, trademark, trade secret, copyright, right of publicity, right of privacy, any other right of any party or which otherwise violates Mugler’s Site Terms and Conditions;

You further agree not to (a) upload any content that imposes an unreasonable or disproportionately large load on Mugler’s computing, storage or communications infrastructure, or attempts to gain unauthorized access to the Program, other accounts, computer systems or networks connected to the Program, through password mining or otherwise; (b) contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware or network system or to damage or obtain unauthorized access to any system, data or other information of Mugler, or any third party; (c) creates Member accounts by any automated means or under false pretenses or impersonates any person or entity, including an employee or representative of Mugler; (d) harvests, scrapes or collects any information from www.mugler.ca.

Mugler is not responsible for requests or correspondence lost or delayed in the mail.

Mugler, its parent L’Oréal and subsidiaries and affiliate entities, and their respective officers, directors, employees, and agents (the "Released Parties") make no warranty, express or implied, including, but not limited to, any warranties of merchantability or fitness for a particular purpose with respect to Mugler’s Rewards or membership in Mugler’s Rewards. By participating in the Circle, each member hereby releases the Released Parties from and against any and all claims, damages, losses, liabilities, and other expenses (including, without limitation, attorney’s fees) relating to that member’s participation in Mugler’s Rewards, use of rewards, or agreement to these Terms.

Mugler is not responsible for problems related to any of the equipment or programming associated with or utilized by the member; any human error; any interruption, deletion, omission, defect or failure of any network or electronic transmission for whatever reason.

9. JURISDICTION

This Program and these Terms will be governed by and construed under the applicable laws of Canada, without reference to conflict–of–laws considerations. You consent to the exclusive jurisdiction and venue of Quebec courts in case of any dispute connected with this Program or these Terms

If you have questions about your enrollment, these Terms and Conditions, your member account or Mugler’s Rewards, please contact us here.

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