Applicable as from October 1st, 2022.
- Legal information
- Terms of access to the Site and acceptance of the Terms of Service
- User reviews
- Content Standards of Consumer Reviews and Guarantees
- Rights you are giving us to use Content you upload
- Drunk Elephant Content featuring on the Site
- Use of the Site
- Liability - Warranties
- Unlawful content
- Reporting Infringing Content, Offensive Content or any other Unlawful Content
- Breach of These Terms of Service
- Third party web sites
- Complaints – disputes
- Applicable law
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
Welcome to our www.drunkelephant.co.uk web site (the “Drunk Elephant Site” or the “Site”). SHISEIDO UK LIMITED, the exclusive distributor of the Drunk Elephant brand in the United Kingdom (“Drunk Elephant”, “we” or “our”) agrees to provide you (“you” or “the User”) with the services that are available on the Site, subject to your compliance with these Terms and Conditions of Access and Use (the “Terms of Service”). By accessing or using the Site, you acknowledge having read and understood them and agree to be bound by them.
Shiseido UK Limited is a limited company registered in England and Wales with Company number: 2797273, with registered office and headquarters located at 1 Kingsway 6th Floor - London WC2B 6AN - UNITED KINGDOM. Our VAT number is GB625996884.
Overall responsibility for the publishing of the Site rests with our affiliated company, BEAUTE PRESTIGE INTERNATIONAL, trading as SHISEIDO EMEA, a public limited company; share capital: 32,937,216 euros; registered in Paris, France under no. 379 445 984 (EU VAT number: FR90379445984); registered address: 56A rue du Faubourg Saint-Honoré, 75008 Paris, France (email@example.com; 0186765701).The publishing manager is Franck MARILLY, Chairman and Chief Executive Officer.
The Site is hosted by SALESFORCE.COM INC., whose registered address is The Landmark @ One Market, Suite 300, San Francisco, California 94105, USA; telephone number: +353 1 440 3500.
We may make changes to these Terms of Service
We may from time to time modify this Site and these Terms of Service. We therefore recommend that you access and read the Terms of Service regularly in order to ensure that you are acquainted with the latest version.
There are other terms that may apply to you
If you purchase Drunk Elephant products from our Site, our Terms and Conditions of Sale will apply to your purchases.
We may suspend or withdraw our site
We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted.
Drunk Elephant may suspend or stop providing access to all or part of this Site at its sole discretion for business and operational reasons, at any time. We will try to give you reasonable notice of any suspension or withdrawal but should Drunk Elephant be compelled by a court ruling or by law to immediately bar access to the Site, Drunk Elephant may not be able to give any notice prior to doing so.
Drunk Elephant provides the following facilities to the Users, enabling them primarily:
- To subscribe to the newsletter;
- To purchase Drunk Elephant products ("Products");
- To write reviews and comments about Products;
- To access Drunk Elephant content.
2. Terms of access to the site and acceptance of the terms of service
The Site is only available in English and is only directed at users in England, Scotland, Wales, Northern Ireland, and the Channel Islands for delivery inside these locations.
Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate for use or available in other locations. This does not mean, however, that you may not order products from our Site. All purchases from our Site shall be subject to our Terms and Conditions of Sale.
In order to benefit from the services offered on this Site and from the contracts on this Site that are governed by English law, you must: (a) be at least 16 years old, (b) have accepted these Terms of Service.
Users may access the various services provided on the Site as follows:
1) To subscribe to the newsletter, Users should take the following steps:
- Fill in an electronic registration form.
- Check that the data they provided is correct and rectify any errors before finally confirming their subscription by clicking on “SEND”.
- An e-mail shall be sent to the Users asking them to confirm their subscription to the newsletter.
2) To register on the Site, Users should take the following steps:
- Fill in an electronic registration form.
- Confirm that they have read and accept these Terms of Service.
- Check that the data they provided is correct and rectify any errors before finally confirming their registration by clicking on “SAVE”.
- An e-mail shall be sent to the Users asking them to confirm their registration.
3) To place orders for products, Users should comply with the Terms and Conditions of Sale and must have expressly accepted these Terms of Service.
Any modification of these Terms of Service shall be brought to your attention by being displayed on the Site, or by way of notification with reasonable notice. If you do not accept the new Terms of Service, you should request the cancellation of your user account and stop using the Site. Failing this, you shall be deemed to have accepted the new Terms of Service upon expiry of the abovementioned period of notice.
3. User reviews
The Drunk Elephant Site enables you to leave consumer reviews via a product data sheet or via the dedicated e-mail you will receive once you have bought a Product bought on the Site (a “Consumer Review”).
Consumer Reviews enable Users to leave opinions, advice, tips and tricks, suggestions, information and recommendations on the products sold by Drunk Elephant that they have tested.
Any Content you upload to our Site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your Content, but you are required to grant us and other users of our site a limited licence to use, store and copy that content and to distribute and make it available to third parties as described in the section entitled.
Leaving a Consumer Review:
To leave a Consumer Review, Users should take the following steps:
- 1/ Select a product and click on the “LEAVE A REVIEW” link in the product data sheet; a window entitled “My review of [product name]” shall be displayed;
- 2/ Rate the product on a scale ranging from one star to five stars, meaning as follows: *Poor, **Average, ***Fine, ****Good, *****Excellent;
- 3/ Fill in the sections of the “My review of [product name]” form, bearing in mind that any fields marked with an asterisk (“*”) are mandatory: “Review”, “Pseudonym”, “e-mail address”, “Date of purchase”.
Users shall not receive any consideration in return for leaving a Consumer Review.
Publication and retention period of Consumer Reviews:
Consumer Reviews are usually published within two (2) to four (4) working days as of being left by a User.
Once a Consumer Review has been published, it is kept on the Site until the product in question is discontinued.
Moderation of Consumer Reviews:
The Consumer Reviews may be subject to (i) automatic filter control, and (ii) human moderators’ control by our provider Bazaarvoice prior to being published on the Site.
Drunk Elephant shall be entitled to remove or to refuse to publish a Consumer Review if it infringes the Terms of Service of the Site, and in particular the provisions featuring under the section entitled “Content of the Consumer Reviews and Guarantees” below.
If your Consumer Review was rejected, you shall be informed of this by e-mail.
4. Content standards of consumer reviews and guarantees
These Content Standards apply to any and all content which you contribute to our Site. The Content Standards must be complied with in spirit as well as to the letter. The Content Standards apply to each part of any content as well as to its whole.
Drunk Elephant will determine, in its discretion, whether content breaches the Content Standards.
- - Be accurate (where it states facts).
- - Be genuinely held (where it states opinions).
- - Comply with the law applicable in England and Wales and in any country from which it is posted.
When you leave a Consumer Review, you undertake not to publish any content:
- - that is or may reasonably be considered to be fraudulent, invasive of privacy defamatory, obscene, infringes the privacy or the personality rights of any third parties, contains threats or insults, constitutes harassment, or is insulting, hateful, pornographic, violent, constitutes Infringing Content or Offensive Content or any content that Drunk Elephant considers to be inappropriate;
- - that induces people into wrongly believing that you are someone else or part of a particular organisation, including a member of the personnel of Drunk Elephant, or that induces people into wrongly believing that you are affiliated with a third party person or entity;
- - that contains viruses, corrupted files or any other software applications or programs that may significantly affect the operation of the Site or of one of its functionalities;
- - that you know is wrong, inaccurate or misleading;
- - that infringes the rules of business secrecy or any confidentiality obligation;
- - that violates any law or court ruling, or any decree or regulation (such as, but not limited to, the rules that govern consumer protection, acts of unfair competition, discrimination or misleading advertising);
- - for which you have been paid or have received any remuneration from an unapproved third party or which could be construed as an advertisement or solicitation to buy (including any content that directs business away from Drunk Elephant);
- - that contains any information about Drunk Elephant’s competitors or their products;
- - that refers to a third party individual without their prior express consent;
- - that is unrelated to the purpose of discussing Drunk Elephant products and services;
- - that includes references to other web sites, or any addresses, e-mail addresses, contact details or telephone numbers.
Moreover, by leaving a Consumer Review on the Site, you guarantee:
- - that you are the sole author and sole holder of the intellectual property rights over the content;
- - that any content that you publish is truthful and accurate;
- - that you are at least 16 years old;
- - that you have bought and tested the product for which you are leaving a Consumer Review beforehand,
- - that the use of your Consumer Review does not infringe the Terms of Service of the Site, and does not harm any person or entity.
You hereby recognise that you, and not Drunk Elephant, are responsible for the content of your Consumer Review.
You therefore guarantee that you hold all the rights (including in particular the intellectual property rights and the image rights) to the content that you leave on the Site. You accordingly guarantee that the display, publication or submission of any such content does not infringe the image/personality rights, proprietary rights or the intellectual property rights of third parties.
5. Rights you are giving us to use content you upload
You grant Drunk Elephant a world-wide, unrestricted, royalty-free, non-exclusive, perpetual licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute or display the Consumer Reviews (in whole or part) for any purpose whatsoever and to incorporate such content in other works in any form media or technology. You hereby waive all moral rights and any intellectual property rights that would have otherwise vested in you pursuant to the Copyright, Design and Patents and Act 1988.
You undertake to compensate us and our senior officers, directors, employees, representatives and agents for any claim or action (including reasonable lawyers’ fees and related legal costs), should any claims or actions be brought against us based on (i) your infringement of any provision of these Terms of Service, or (ii) an allegation by a third party that a Consumer Review that you posted on the Site infringes their intellectual property rights (such as, but not limited to, copyright, related rights, patents, trademarks, commercial logos, titles or drawings) or any other right of a third party (such as, but not limited to, privacy and image rights).
Should a third party file a claim or action as described above, you hereby undertake, at our request, to immediately provide us with full disclosure of any necessary exhaustive and truthful information to assess the merits of this claim and organise our defence.
Drunk Elephant, its servants and agents, subsidiaries, partners or third party service providers as well as their respective directors, representatives and employees, shall not be bound by any confidentiality obligation in respect of all or part of the Content that you publish on the Site.
6. Drunk elephant content featuring on the site
The content featuring on this Site and provided by Drunk Elephant, including any artwork, graphical representations, photographs, images, screen dumps, texts, music, video clips, trademarks, logos, service marks, product names and names of personalities, slogans and any combination of these elements displayed on the Site (the “Drunk Elephant Content”) are the registered and unregistered marks of Drunk Elephant, our affiliates, partners or licensors, in the United States and other countries, and are protected by United States and international trademarks laws.
You are therefore not authorised to copy, reproduce, show or sell all or part of the Site and/or the Drunk Elephant Content in any way whatsoever, nor to create works derived wholly or partially from the Site and/or the Drunk Elephant Content.
Any unauthorised use of the Drunk Elephant Content shall constitute an infringement of our intellectual property rights and might give rise to civil action or criminal prosecution.
You agree not to download, display or use any Drunk Elephant Content featuring on the Site in order to use it in any publication, public performance, on other web sites than this Site, for any commercial purpose, in connection with goods or services that are not those of Drunk Elephant, in any way that might give rise to confusion in the minds of consumers, that harms or discredits Drunk Elephant, that detracts from the rights of Drunk Elephant, or that infringes its intellectual property rights in any other way. You moreover undertake to refrain from misappropriating and misusing any Drunk Elephant Content featuring on this Site by any other means.
7. Use of the site
You may use our Site only for lawful purposes. When you use the Site, you undertake not to:
- use our Site in any way that breaches any applicable local, national or international law or regulation.
- use our Site in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- use our Site for the purpose of harming or attempting to harm minors in any way.
- use our Site to bully, insult, intimidate or humiliate any person.
- use our Site to send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards.
- use the electronic communication facilities provided on the Site for illicit, criminal, wrongful purposes, or in ways that infringe the privacy of third parties, that constitute harassment or defamation, or that are obscene, threatening or hateful;
- download, post, reproduce or distribute information, software or other elements protected by copyright or by any other intellectual property right (as well as any personality right and right to privacy) without having first secured permission from the holders of these rights;
- gather or store any personal data concerning other Users;
- use the Site for any commercial purposes. You therefore undertake for instance not to download, post, send by e-mail or otherwise transmit any advertising or promotional content, such as any unsolicited e-mail, surveys, spam, chain e-mails, pyramid sales schemes or any other form of unauthorised solicitation or communication;
- knowingly upload, download, post, send by e-mail or otherwise transmit any element containing computer viruses or other computer codes, files or programs that might interrupt, limit or interfere with the operation of any computer hardware or software, any telecommunication equipment or the Site itself;
- “reverse engineer”, decompile and modify the applications or the computer codes linked to the Site.
- take any action with a view to distributing or reproducing the Site; or
- take any action that would affect the functionality of the Site, in whole or in part.
Any person who violates the foregoing undertakings may be banned from accessing the Site.
You must keep your account details safe
Users are responsible for the creation, the storage and the use of their identifier, verification e-mail and password, which shall be strictly personal and therefore cannot be shared with third parties. Users must preserve the confidentiality and secrecy of this data. Any use of the Site under a User’s identifier and password shall be deemed to have been made by the User themselves. Users who suspect that their identifiers and password are being misused by a third party must immediately notify Drunk Elephant of this by writing to the following address: firstname.lastname@example.org.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Service.
If your Consumer Review was rejected, you shall be informed of this by e-mail.
8. Liability - Warranties
Our responsibility for loss or damage suffered by you
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms and Conditions of Sale.
Please note that we only provide the Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
THIS SITE IS HEREBY PROVIDED “AS IS”. Drunk Elephant does not guarantee the long-term viability or the performances of the services that are accessible on the Site, nor that these services are free of bugs or other flaws, given that the existence of programming errors or the occurrence of technical incidents cannot be ruled out.
Drunk Elephant excludes liability for any inconvenience or damage inherent to the use of the Internet network, such as breakdowns of the service, external intrusions or the presence of computer viruses, or the impossibility to access the Site owing to maintenance operations, technical breakdowns, force majeure or any circumstance beyond its control.
Drunk Elephant excludes liability for insignificant errors that might affect the elements presented on the Site, such as the information about and descriptions of the products.
Each User shall be responsible for their computer equipment, their data and software applications, as well as their connection to the network enabling them to access the Site. Drunk Elephant hereby disclaims liability for the configuration, the performances or the compatibility of the User’s equipment with the Site.
9. Unlawful Content
Any unlawful content or content that Drunk Elephant believes is unlawful (“Unlawful Content””) that is brought to its attention shall be immediately removed from the Site. The term Unlawful Content shall specifically comprise Infringing Content, as defined below, and content constituting an apologia for crimes against humanity, inciting acts of terrorism and constituting an apologia for same, content that incites racial hatred, hatred against persons on account of their gender, their sexual orientation or sexual identity, or their handicaps, as well as content featuring child pornography, content that incites violence, such as violence against women, and content that runs counter to human dignity (“Offensive Content”). Any Offensive Content shall also be notified to the appropriate authorities.
10. Reporting Infringing Content, Offensive Content or any other Unlawful Content
(1) Reporting Offensive Content
In case you come across any Offensive Content on the Site, we would be grateful if you would immediately report this to us by contacting: email@example.com..
(2) Reporting Infringing Content or other Unlawful Content
If you hold the trademark rights or copyright over a drawing, model or other material and you consider that any content published on the Site infringes your intellectual property rights (“Infringing Content”), or if you have witnessed the presence of Unlawful Content on the Site, you may request its removal by contacting Drunk Elephant on: firstname.lastname@example.org
In your notification, should be mentioned the following information:
- The date of the notification;
- If you are a natural person, your first name, family name, profession, domicile, nationality and birthplace, and if you represent a legal person, its form of incorporation, its name, its registered address and the body that legally represents it;
- A description of the content that you believe infringes your rights or is unlawful, as well as the reasons why you believe it should be removed, with enough details to enable us to locate it on the Site;
- The reasons why the content should be removed, including a statement of the applicable legal provisions and evidence for the facts that are alleged;
- A copy of the correspondence sent to the author or to the publisher of the Infringing Content requesting its removal or, failing that, evidence that the author or the publisher could not be contacted.
- Upon receipt of your notification, Drunk Elephant will assess it and determine whether the content should be removed from the Site. In case of absence of any of the abovementioned information in your notification, we might not be able to remove the notified content.
Failure to comply with the Content Standards constitutes a material breach of these Terms of Service, and may result in our taking all or any of the following actions: :
- Immediate, temporary or permanent withdrawal of your right to use our Site.
- Immediate, temporary or permanent removal of any Content uploaded by you to our Site.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
We exclude our liability for all action we may take in response to breaches of this acceptable use policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
12. Third party web sites
Drunk Elephant may terminate the account of a User on the Site at any point in time and without notice or any prior summons in the event of a breach of the terms of these Terms of Service. The User in question shall be informed about this by e-mail.
Each User may terminate their registration on the Site at any point in time, without notice, by writing to email@example.com and requesting that their account be deleted.
Should you have any complaint concerning your use of the Site, please contact firstname.lastname@example.org.
Should it not be possible to resolve a dispute with Drunk Elephant by such means, the Users may resort to mediation or to any other alternative mode of dispute settlement.
15. Applicable law
These Terms of Service shall be governed by and interpreted in accordance with English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction.
Neither Party shall be liable in case of non-performance or improper performance of its obligations, if such non-performance is due to an event outside of the Party’s control (a force majeure event).
The fact that either Party does not enforce the application of a clause of these Terms of Service, whether temporarily or permanently, shall not in any way constitute a waiver of the rights granted to that Party by that clause.
If one or more of the provisions of these Terms of Service are declared invalid in application of a law or regulation, or pursuant to a final ruling handed down by a court or other authority with jurisdiction, the other provisions shall remain fully valid.