Terms & Conditions

1. Scope of application

These are the legal terms and conditions of sale (“Conditions”) which apply, without restriction or limitation, to all sales of products supplied under or in association with the brand Augustinus Bader® (“Goods”) sold on the website www.augustinus bader.com (“Website”) by the company ASC Regenity Limited (exclusive licensee of the Augustinus Bader® brand and owner of the attached intellectual property rights, whose registered office is Unit 2.02, 411-413 Oxford Street, London, United Kingdom, W1C 2PE and registered in England and Wales under number 10523270 - VAT No GB269280670) to any consumer subject that he/she is a natural person acting for purposes which are outside his/her trade, business, craft or profession.

Our Privacy Policy and Website Terms of Use also forms part of these Conditions.

For the purpose of these Conditions, the following definitions shall apply:
ASC REGENITY Limited is referred to as “we”, “us” or “ASC”.
Consumers buying on the Website are referred to as “you”.
"Party" means either you or us, and "Parties" means you and us.
"Writing” means letter, fax, email or SMS.

If you have any questions regarding these Conditions, please contact our Customer Services team from Monday to Friday, from 9:30 am to 5:30pm, at: contact@augustinusbader.com or through instant messaging (Live Chat) on our website. We respond to your emails or messages within the next 24 hours.

You can also write to us at:
ASC Regenity Limited
Customer Service
Unit 2.02, 411-413 Oxford Street,
London, United Kingdom, W1C 2PE

Before any order, you are automatically given the opportunity to read these Conditions. Please read the Conditions carefully and make sure that you understand them before ordering any Goods from our Website. Please note that by ticking the acceptance box of the Conditions when confirming your order, you confirm your unconditional and full acceptance of these Conditions.

We may change these Conditions from time to time, with the latest version of being available on our Website and governing any later order. These Conditions can be saved electronically or printed by all users of our Website.

2. Order and acceptance

2.1 To be eligible to place an order, you declare that:

  • you are at least 18 years of age, and
  • you are acting as a consumer, and
  • you are placing an order for your personal and domestic use only, and
  • you provide and maintain a valid postal and email addresses.

Orders for Goods are placed through our Website. On exceptional circumstances, at the Customer Service’s discretion, some orders may be placed by phone.

Information on Goods sold via our Website is available, with product descriptions on our Website. The product description includes the main characteristics of the Good, especially its availability, composition, fitness for purpose, usage, quantity, specification and results to be expected from its use. The choice of a Good is made under your sole responsibility.

We may revise and/or upgrade our Goods or formulas offered on the Website, at any time, without prior notice. Therefore, some Goods may become unavailable without notice. We shall have no liability of any kind if a Good is no longer available or removed from sale.

2.2 In order to place your order, you can either create a dedicated account on the Website by filling out an order form with a minimum of required personal information (which will allow you to collect fidelity points, to follow the process of your order, to check your purchase history, etc.) or merely fill in the necessary information for the process of your order and its delivery.

2.3 Then, you need to add the selected Goods in your basket. Availability of the Goods is indicated on the Website. In case of unavailability of Goods, these will be clearly marked as such on our Website, you can register your email address to be informed of its availability. In such a case, we will update you on the availability of the unavailable Goods ordered via email and you will be given the opportunity to pre-order such Goods.

2.4 Before you submit your order, you will be given the opportunity to review your selection, check the total price (including VAT) of your order and correct any input errors. Then, you will be invited to accept the Conditions by ticking the box provided for this purpose and to proceed to the payment according to the provisions here-under detailed. In the event prolonged inactivity causes your connection to our Website to fail, your selection of Goods may be lost. In such case, you will need to re-enter your selection.

2.5 The sale will only be binding on us once we have sent you a confirmation email detailing your order and confirming your payment. Your order is final and cannot be neither modified nor canceled.

2.6 These are limited circumstances under which we retain the right to refuse your order and to cancel it:

  • if you are in breach of the present Conditions,
  • if the Website has experienced a stock error and the Goods ordered are not available for sale,
  • if we consider, at our sole discretion, that the quantities ordered are unreasonable for a natural person using the Goods for personal consumption,
  • if we have or had a dispute relating to the payment of a previous order, In such a case, you order will be fully reimbursed.

2.7 When visiting our Website, you will be responsible for paying any costs of connection to our Website if any.

2.8 The contract for supply of Goods ("Contract") will be formed when we have accepted your order and verified your payment, by sending you the confirmation email.

3. Price

3.1 The price of the Goods you order will be the ones displayed on the Website before you confirm your order. All prices are, depending on your place of purchase, in US Dollars ($), Pounds sterling (£), Euros (€) and inclusive of the applicable local taxes. The UPS Worldwide Express Saver service is complimentary for all locations listed in Section 2 of our FAQs: shipping.

3.2 In some countries, additional local import charges and/or duties may apply. Please note that prices of the Goods displayed are exclusive of all destination import duties, taxes and fees levied in the recipient country. If you choose such a DAP (Delivery At Place) destination, as the recipient, you will be liable for the payment of all import duties, customs and local sales taxes levied by the country you are shipping to; payment of these is necessary to release your order from customs on arrival. We are unable to estimate the amount this may be as these charges are handled by each government.

3.3 In case you have been invoiced, by error, a higher amount than the actual price of the Goods, we will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you decide to cancel the Contract, we will refund or re-credit you fully.

4. Payment

4.1 You must pay for the Goods, in full, at the moment you place your order, by one of the secure payment means listed here-under, and according to the Conditions. Payment shall be made in the currency applicable to your place of purchase. We accept Visa, MasterCard, American Express, Maestro and all other major credit cards. We also accept Apple Pay, Android Pay and PayPal. When selecting this last option at checkout, you will be directed to the PayPal site to 'Log In' and review the amount shown before clicking 'Pay Now' The name of the account holder must match the name of the person placing the order. International bank transfers and cash transfers are will not accepted.

4.2 To confirm the payment and in order to counter Internet fraud, you will be redirected to the website of our secure payment partner, Braintree, which will be responsible for holding and automated handling in a secure environment the information relating to each order, including bank card details.

Braintree is also responsible for putting in place a screening system to deter credit card fraud. As a result, your personal data (including name, email address, delivery details, telephone number, details of the order placed, credit card details) will be disclosed and used by Braintree exclusively for the purposes of providing fraud screening services to us and to its own customers. On our side, we do not keep any credit card details in relation to your payment.

We reserve the right to put in place additional/other payment security system(s) from time to time.

4.3 To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process with your card issuer bank, through a PCI secure route, facilitated via Braintree. By accepting these Conditions, you consent to such checks being made.

All information provided by you for the purpose of your order will be treated securely and strictly in accordance with all applicable regulation on protection of personal data and with our Privacy policy.

4.4 In the event that the sum due from you cannot be debited for whatever reason (including, without limitation, stopped payment, refusal by the issuer of the card), the order will be cancelled immediately, no Contract will be formed, and you will be notified by email.

4.5 Payment is irrevocable.

5. Delivery

5.1 Once the Contract has been regularly formed after confirmation of, the Goods you ordered will be delivered in accordance with the delivery method you opted for to the address which you gave to us when you place your order. You will receive an email to inform you that the Goods have been dispatched. You will also be able to follow the process of your order on your dedicated account. Please note that deliveries are not made to PO Box addresses or to general delivery/poste restante addresses, to stores or to retailers. There is no Click and Collect delivery option.

5.2 In times of normal sanitary conditions, orders placed before 12.00 pm (GMT) will be dispatched on the same day, Monday to Friday.

Indicative delivery times are as follows:
UK & EUROPE: UPS Express, 1-2 business days,
USA: UPS Express, 1-3 business days,
ROW: UPS Express, 2-5 business days,
Please note that the delivery times are for information only. We will not be responsible for any delays, nor for any loss or damage suffered by you because of such delay.

5.3 By principle, delivery is free of charge. However, on an exceptional basis, especially in case of specific requests from you or when the amount of your order is lower than the delivery costs, we may decide to apply reasonable delivery fees.

5.4 If there is no one at the address given who is competent to accept delivery of the Goods, you will be asked to contact our Customer Service team in order to arrange an alternative delivery date to collect the Goods, or you will be contacted by our courier.

In case we are not able to deliver you the Goods after three attempts, the Contract will be canceled and the order will be reimbursed to you.

5.5 In the case of a gift, you may arrange for Goods to be delivered to a third party of your choice, provided always that the delivery address satisfies the requirements of condition 5.1 above.

5.6 Ownership of the Goods and the risk for damage to the Goods passes to you when you take physical possession of the Goods.

5.7 If, at the time of delivery, the packaging is damaged, please open the package in the presence of the carrier in order to verify the condition of the Goods. In the event of damage to the Goods, you should note the details on the delivery note, keep any relevant evidence (photos in particular) and contact the Customer Service team according to the process of Section 7 below.

5.8 A paper copy of your invoice will be added to your parcel.

6. Liability

6.1 We warrants that the Goods sold on the Website comply with the European regulation in force and shall be of satisfactory quality and quantity as ordered, fit for their purpose and correspond to their essential characteristics on the Website.

6.2 Therefore, the Goods benefit, automatically and without additional payment, independently of the withdrawal right, of:

  • the warranty of conformity for Goods that are apparently defective, damaged, soiled or do not correspond to the order, during a period of two years from the delivery of the Good, and
  • the warranty against hidden defects resulting from a material, design or manufacturing defect affecting the Goods and making them unfit for use, during a period of two years from the discovery of the defect.

6.3 In order to enforce your rights, you shall follow the process detailed in Section 7. Please note that our warranty will be strictly limited to the replacement or reimbursement of the non-conforming or defective Goods.

6.4We will never be liable in the following cases:

  • Non-compliance with the legislation of the country in which the Goods are delivered,
  • In the event of misuse, use for professional purposes, negligence or lack of precaution from you,
  • Failure to deliver the Goods because of having provided a wrong delivery address or failure to notify us a change of address,
  • Interruptions of service or delays for maintenance, security or any other technical reasons,
  • Malware or virus that may occur on the Website and which may cause harm to your system,
  • Force majeure cases as usually defined by local courts.

6.5 On the contrary, we do not exclude or limit in any way our liability for:

  • death or personal injury caused by our Goods, our negligence or the negligence of our employees, agents or subcontractors.
  • fraud or fraudulent misrepresentation.
  • any liability which cannot be limited or excluded by applicable laws.
7. Warranty - Exchange of Goods – Withdrawal right

7.1. When you buy Goods from our Website, you benefit from several rights:

  • If the Goods are defective, damaged, soiled, unfit for their use, lost in transit or do not correspond to the order, you will be able to claim a refund or replacement free of charge (including costs of re-delivery) from us,
  • If you wish to receive another Good instead, you are able to exchange the Good delivered,
  • If you have simply changed your mind, you benefit from a withdrawal right.
  • 7.2 In any case, within 28 calendar days following the date of delivery / collection of the Goods, you must contact us, give details of your order number, the Goods ordered, their delivery and (where appropriate) the defaults affecting the Goods.

    In case of exercise of your withdrawal right, you shall fill in the withdrawal form available at [link] and send it back to us either online or in hard copy by post, at your convenience, at the relevant addresses mentioned at the beginning of the Conditions.

    7.3 Please note that in case of return for fault/ defect/ skin reaction, we will provide you prepaid return labels for DHL so that you can arrange a DHL collection. If you do not permit collection of the Goods by DHL within a reasonable time after notifying us of your decision to exercise your withdrawal right, we may charge you a sum not exceeding the direct cost of recovering those Goods.

    In other return situations (exchange and withdrawal right), you will be responsible for choosing your preferred courier and for paying the return costs. In such a case, we recommend that you use a tracked service and retain proof of return.

    No returns or exchanges are allowed in stores or retailers.

    7.4 Goods shall be returned in their original packaging, complete with any labels, notices, protective covers and boxes, especially the crystal film covering the box must still be sealed, all together with the original invoice.

    7.5 Upon reception of the Goods in perfect conditions, we will proceed to your refund or exchange, according to your choice, within a maximum delay of 14 days.

    No new delivery (in case of exchange) nor reimbursement can take place until we have received the returned Goods from you.

    No exchange or reimbursement will be made for Goods that are returned by the Customer incomplete, damaged or soiled.

    7.6 In the event that Goods are exchanged, the initial sale will be cancelled. The new transaction payment will be set off against the amount of the preceding sale. Any credit balance will be refunded. Any additional payment will be debited via your chosen payment method. Please note that you will not be permitted to exchange Goods which you have received as a result of the completion of a prior exchange.

    8. Intellectual property rights

    8.1. The content of the Website as well as "AUGUSTINUS BADER®" trademark and all trademarks, whether they are figurative or not, and all other marks, illustrations, images, and logos which appear on our products, accessories or packaging, whether registered or not, are and remain the exclusive property of either Pr. Augustinus Bader, or ASC REGENITY Ltd, as presented herein.

    8.2. Any reproduction, whether complete or partial, modification or use of its content, these marks, illustrations, images and logos, for whatever reason and in whatever medium, without our written, express and prior agreement, is strictly prohibited, as in any combination or use in conjunction with any other mark, symbol, logo and more generally any distinctive sign intended to form a composite logo and may constitute a counterfeiting offence

    9. Use of your information

    9.1The holding and using of personal information provided to ASC Regenity Ltd or any other company of the ASC Group of companies is governed by the Privacy Policy posted on the Website and which is part of these Conditions. Please read carefully this Privacy Policy to understand how we use and protect the information that you provide to us. By placing an order on the Website, you consent to the collection, use and transfer of your information under the terms of the Privacy Policy.

    9.2 All comments, queries or requests relating to our use of your information are welcome and should be sent to us by email using our contact form or the contact details provided below.

    9.3 We are particularly mindful to ensure appropriate protection and security of our Information Systems.

    10. Governing law

    10.1 The Contract and any dispute or claim arising out of or in connection with it, its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with French law, without prejudice to the application of the mandatory provisions of the law of your country of residence.

    10.2 All disputes related to these Conditions will be submitted to the competent courts of your country of residence. Nevertheless, please note that to solve any dispute with us, you are also allowed to refer to mediation thanks to your relevant local Consumer Commission or any other alternative dispute resolution method.

    11. General

    11.1 These Conditions and any matters referred to on our receipt form the entire understanding between you and us and supersede any prior promises, representations (unless fraudulent) or undertakings.

    11.2 Any omission or error in any sales literature, or in any advertisement whether in newspapers, magazines, on the Internet or otherwise or in any invoice or other document issued by us may be corrected by us without liability.

     

    The Club – Loyalty Terms and conditions

    By joining the Club Loyalty program (hereinafter the “Program”) and becoming a program member under the conditions herein, you (individually and collectively, “you,” “your,” or “member”), agree that you have read, understood and agreed to be bound by these Loyalty program terms and conditions of participation (hereinafter the “Loyalty terms”) and by any changes or modifications that AUGUSTINUS BADER (hereinafter “we”) may make from time to time. Wwe will reflect the last date of any update at the top of the page of these Loyalty terms. You acknowledge and understand that the processing of your personal data within this Program will be in accordance with our Privacy Policy. You also agree to our website terms and conditions which are availiable here.

    We may in our sole and absolute discretion review, change, cancel or modify any aspect of the Program and/ or any Program benefits, as described below, without any notice. In such a case, the last version of Program and Loyalty Terms will immediately apply to you. In any case, these changes will not affect the Program benefits acquired until the revision of the Program. These Terms do not alter in any way the terms or conditions of any other agreement you may have with us, including the Terms and Conditions applicable to the sale of our products or services. If you do not agree to these Loyalty Terms, our website Privacy Policy and our website Terms and Conditions, you cannot participate in the Program. The Program is void where prohibited by law.

    If you have any questions regarding the Program or the Loyalty Conditions, please contact our Customer Services team from Monday to Friday, from 9.30 am to 5.30 pm, at contact@augustinusbader.com or through instant messaging (Live Chat) on our website. We respond to your emails or messages within the next 24 hours.

    You can also write to us at:
    ASC Regenity Limited,
    Customer Service,
    Unit 2.02, 411-413 Oxford Street,
    London, United Kingdom, W1C 2PE.

    You may also provide answers to helpful frequently answered questions in our FAQs available here.

    1. Membership Eligibility and Overview

    1.1 The Program is offered at the sole discretion of ASC REGENITY LIMITED (Registered No: 10523270) Registered Office: Unit 2.02, 411-413 Oxford Street, London, United Kingdom, W1C 2PE and VAT number of GB 269 2806 70 (“Augustinus Bader,” “we,” “our” or “us”).

    1.2 The Program is available to individuals for their personal and domestic use only and is limited to one account per individual. Corporations, associations or other groups may not participate in the Program. Individuals are defined as follows - legal residents of one country where our products are available for sale (according to the Terms and Conditions) acting as consumers who are at least 18 years of age, and who provide and maintain a valid email address. No purchase is necessary to join the Program. The Program may not be used for any business or commercial purpose. At our discretion, we may refuse to create an account without having to give any reason. Employees and individuals employed by our business partners or vendors are eligible for membership for personal and domestic use only but may be excluded from certain benefits of the Program in our sole but reasonable discretion.

    2. Program Enrolment

    2.1 Eligible individuals as defined here-above may enroll in the Program by visiting www.AugustinusBader.com (the “Site”) and opt in by following the Program prompts to register for the Program.

    Should you not wish to opt into the Program, we invite you to check out as guest while shopping at Augustinusbader.com.

    2.2 You are required to provide your full name, email address and to create a password in order to enroll. You may also have the opportunity to provide us with your mailing address, birth date and mobile phone number, however, this information is optional. You are solely responsible for maintaining the accuracy of your account information and for updating it as required. You may update your personal information from within the Account area on the Site.

    2.3 Only one Program account may be associated with a single member and a single email address. In the event of a dispute over ownership of the Program membership 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 these Loyalty Terms, the “authorized account holder” is defined as 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. We do not allow several individuals to use a single account for the purpose of accumulating Program benefits.

    3. Product Rewards and Benefits

    3.1 As a member of the Program, you earn points, in situations listed here-under, that determine your tier level and associated tier benefits. Points may never be redeemed for cash. You must be logged in to your Program account to use your benefits.

    3.1.1 Tier Benefits: Certain benefits are based on the tier achieved and you are eligible for these benefits while you are in that tier, regardless of the number of points you currently have (see details below). If you move down a tier, your benefits change accordingly. Tier benefits can only be redeemed on the Augustinus Bader website, with the exception of exclusive events or as otherwise noted.

    3.1.2 Tiers structure and benefits:


    Blue Tier: first level of membership. By being a Blue Tier member, you may be eligible to the following benefits:

    • 5 loyalty points granted per 1 unit of currency spent
    • 1 bonus loyalty points day per year
    • Bonus loyalty points on your birthday
    • Early access to new products: 4 hours in advance of the official launch date

    Gold Tier: intermediary level of membership. By being a Gold Tier member, you may be eligible to the following benefits:

    • Gold membership price: you will automatically receive 5% off purchases made at AugustinusBader.com when logged into your online account. This offer excludes Victoria Beckham Beauty, our Discovery Duos and Gift Sets
    • 5 loyalty points granted per 1 unit of currency spent
    • 2 bonus loyalty points days per year
    • 1 birthday gift 1
    • Early access to new products: 1 day in advance of the official launch date

    Black Tier: premium level of membership. By being a Black Tier member, you may be eligible to the following benefits:

    • Black membership price: you will automatically receive 8% off purchases made at AugustinusBader.com when logged into your online account. This offer excludes Victoria Beckham Beauty, our Discovery Duos and Gift Sets
    • 5 loyalty points granted per 1 unit of currency spent
    • 3 bonus loyalty points days per year
    • 1 premium birthday gift 2
    • Early access to new products: 2 days in advance of the official launch date - invitations to exclusive events and experiences

    Birthday gifts: For birthday gifts, you will receive a code through email that enables you to receive one eligible product. These are not available for exchange, refund or resale and limited to stock availability and to one order per account.

    1 aas a birthday gift, you will receive a code through email that enables you to receive one 15 ml of either The Cream or The Rich Cream. These are not available for exchange, refund or resale and limited to stock availability and to one order per account.

    2 as a birthday gift, you will receive a code through email that enables you to receive one 30 ml of either The Cream or The Rich Cream. These are not available for exchange, refund or resale and limited to stock availability and to one order per account.

    Tier threshold:

    3.1.3 Earning your points: You may earn points in various ways:

    • By creating an account
    • By entering your birthday into your account form
    • By purchasing products from our website
    • By completing quizzes from time to time
    • By referring a friend
    • By liking us on Facebook
    • By following us on Instagram

    3.1.4 Redeeming your points: You will be able to redeem every 50 loyalty points you earn for money off a purchase exclusively on the Site. 50 loyalty points are equivalent to an equivalent cash back value of 10% on the total price of your order. . This loyalty money off will be additional to the discount granted according to your tier. To do so, you need to be log on your account when you shop on the Site and when in the online checkout, you will be presented with the option to redeem all or some of your points on the order. Simply select the value you would like to redeem and continue to check out.

    The Site is regionally divided (UK, US, EU, Canada, Australia and rest of the world). The points you earn are attached to the regional Augustinus Bader website you have been purchasing on and can only be redeemed on the same regional Augustinus Bader website.

    In the event you need to amalgamate the points from different Augustinus Bader regional websites, please contact our Customer Services Team.

    You must redeem your available points within 12 months of your last purchase, or the available points will expire, your points balance reset to zero and your tier reset to Blue. At this point, you may start accumulating new points and earning new rewards. As a reminder, we will send you an email prior to the expiration of your points

    3.2 Offers and rewards are available while stocks last, and substitutions made by us in our sole discretion may occur. If your online order is not completed for any reason, any offers or rewards will be removed from your shopping basket and may no longer be available. You are not required to redeem points. We are unable to resend offers or rewards if they arrive damaged, if you received the wrong one or if one is missing from your order. If one of these events occurs, please contact our dedicated Customer Services Team.

    3.3 Neither accounts nor Program rewards, benefits and/or points may be transferred, shared or combined by members. Only the member paying for the products and/or services may accumulate rewards, benefits and/or points. We reserve the right to monitor the number of accounts per household and refuse, merge or close additional or duplicate accounts at any time. Your account information (including security details) is confidential and should not be shared by you with any other person.

    3.4 Rewards, benefits and points earned through the Program have no cash value, are non-transferable, and you have no property rights in or to rewards or other Program benefits. Points and tier status credited to your Program account will be decreased or reversed, as applicable, if part or all of a purchase is returned or cancelled or if the credit is obtained through fraudulent or other activity that violates these Loyalty Terms as determined by us in our sole but reasonable discretion. The sale, barter, transfer, or assignment of any rewards benefits, or points offered through the Program, other than by us, is expressly prohibited.

    3.5 Rewards cannot be exchanged or returned for points, another product or service or a monetary refund.

    3.6 he products and services available through the Program and any samples that we may provide to you are for personal and domestic use only. You may not sell or resell any of the products, services, or samples you purchase or otherwise receive from us. We reserve the right, without notice, to cancel or reduce the quantity of any order to be filled and/or any products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Loyalty Terms.

    3.7 We are not responsible for rewards, benefits and/or points lost or redeemed due to fraudulent activity by you or any third party.

    3.8 If you have concerns that a purchase or other activity was not properly applied to your account, you should contact our Customer Services Team.

    3.9 Rewards can only be redeemed on the Site they were earnt at, and only redeemed in relation to a product purchase, unless otherwise noted by Augustinus Bader.

    4. Referrals

    As part of the Program we offer members the opportunity to refer-a-friend to Augustinus Bader.

    To do so, members should complete the online form in The Club Lounge at augustinusbader.com providing the email address of their Referred Friend.

    On submission of the form, the Referred Friend will be emailed by Augustinus Bader, and offered an introductory discount of 20%. This offer is triggered by a unique promotional code which is not applicable to Victoria Beckham Beauty, The Discovery Duos or Gift Sets. Unless the Referred Friend goes on to subscribe for marketing emails, create an online account or shop on the website, this email address will not be used again.

    Should the Referred Friend click the link contained in this email, they will be directed to the Site where they will be served an online pop-up containing a unique offer code which, when entered at the online checkout, will trigger their introductory offer.

    Should the Referred Friend successfully place their first order, the Referrer’s account will be credited with 2000 bonus loyalty points as a reward. They will be emailed to update them of their new loyalty points balance.

    5. Program Communications.

    5.1 On enrollment to the Program, you will be offered the opportunity to sign-up to marketing emails. We will only send them to you in case you opt-in.

    5.2 You may opt-out of receiving marketing emails at any time by following the instructions included in each communication, such as clicking on the unsubscribe link included in each email or by updating your preferences in The Club Lounge at AugustinusBader.com. However, operational emails (“Operational Emails”) will still be sent to you as they relate to your membership in the Program. Operational Emails include, but are not limited to, redemption confirmation emails, profile update emails, or other communications that relate to your account. For more information on managing your email preferences, please see our Privacy Policy.

    5.3 Upon your agreement, we may also contact you through SMS and/or Direct Mail.

    6. Replenish orders (auto-replenishment)

    Program members will automatically earn loyalty points on their Replenish orders. They will also have the opportunity to redeem their loyalty points on these orders, too. To do so, they must update their order in the ‘Manage Orders & Replenishments’ area of The Club Lounge, when they log into their account at augustinusbader.com.

    In addition to earning loyalty points, customers will also be offered a welcome gift and a gift at their 6th replenish order when they set up a new recurring Replenish order. Only new Replenish orders placed after March 1st, 2021 will be eligible for this gift. These gifts are not available for exchange, refund or resale, as described in Section 3. This offer is available while stocks last.

    Each time your Replenish order is processed and payment is validated, your account will be credited with the relevant number of loyalty points.

    7. Termination and Modification

    7.1 The Program and its benefits are offered at our sole discretion. We reserve the right to change Program benefits, how you earn points and reach each Program tier, and how we evaluate and reward your eligible purchases and/or other Program activity at our sole discretion at any time. We reserve the right to place limits on the number of purchases or activities that are eligible for the Program and/or for any given tier, the number or types of rewards or benefits that you may receive or earn in any given tier, in a given time period or for the duration of the Program, and/or any combination thereof. Except where prohibited by applicable law, we may, in our discretion, cancel, modify, restrict or terminate these Loyalty Terms and/or the Program or any aspect or feature of the Program at any time with reasonable prior notice to allow you to take appropriate measures regarding the Loyalty points acquired. Changes to the Program will be set forth in these Loyalty Terms and will be effective on the date the Loyalty Terms are posted to the Site (with the effective date reflected at the beginning of the Loyalty Terms). Continued participation in the Program following posting of updated or modified Terms constitutes your acceptance of those Terms as so updated and modified.

    7.2 We reserve the right to exclude you from or to discontinue your participation in the Program and to audit your Program account at any time, in our sole but reasonable discretion. Any suspected abuse of the Program, failure to comply with any Loyalty Terms, illegal activity, fraud, misrepresentation or other conduct inconsistent with these Loyalty Terms and/or detrimental to us or our interests, including without limitation, any suspected illegal, fraudulent or other unauthorized use of any Program rewards, points, cards, credits, vouchers, coupons, gifts and/or certificates (all as determined by us in our sole but reasonable discretion), may result in the revocation of your membership and make you ineligible for further participation in the Program. If your membership is revoked, any rewards or benefits in your Program account will automatically expire and your access to the Program and features will automatically terminate. If we suspect illegal activity, fraud, misrepresentation, abuse or violation of these Loyalty Terms, we reserve the right to take appropriate legal action.

    7.3 If you decide that you no longer want to be a part of the Program, you may terminate your membership in the Program at any time by contacting our Customer Services Team. If you terminate your membership, you will automatically lose all accumulated points, benefits and your tier status and no longer receive Program related communications.

    8. Release: Limitation of Liability.

    8.1 We shall not be liable to you for the following:

    • (1) any failure by you to provide us with correct information and more generally any breach from you of the Loyalty terms,
    • (2) if we are unable to perform any of our obligations to you due to failure of any technical systems, interruption of service or delays for maintenance or other technical reasons or for any other reasons that fall under force majeure such as, but not limited to, war, terrorism, government action, natural disaster, epidemic or pandemic and industrial dispute.
    • (3) any damage to your device as a result of using the Site.
    • (4) any loss of information or unauthorized use of data arising as a result of you using encryption systems below our recommended level.

    8.2 The disclaimers and limitations of liability in these Loyalty Terms shall not apply to any damages arising from death or personal injury caused as a result of our negligence or that of any of our employees or agents or for fraud or fraudulent misrepresentation or any liability which cannot be limited or excluded by applicable laws.

    9. Governing Law; Dispute Resolution; Class Action Waiver

    Unless the laws of your jurisdiction require that those laws apply, this Program and these Terms will be governed by and construed in accordance with French law, without prejudice to the application of the mandatory provisions of the law of your country of residence. All disputes related to these Conditions will be submitted to the competent courts of your country of residence. Nevertheless, please note that to solve any dispute with us, you are also allowed to refer to mediation thanks to your relevant local Consumer Commission or any other alternative dispute resolution method.

    10. Privacy.

    The personal information collected from you in connection with the Program, including but not limited to purchases made in connection with your Program membership or advices or feedback given by you upon request of the Customer Services team, will be used and disclosed by us in accordance with the Privacy Policy.

    11. Entire Agreement; Waiver and Survival.

    These Loyalty Terms govern our relationship with you as it relates to the Program. You confirm that, in agreeing to accept the Loyalty Terms, you have not relied on any representation except as expressly set forth in these Loyalty Terms and you agree that you shall have no remedy in respect of any such representation not included in these Loyalty Terms. Each provision of the Loyalty Terms shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in the circumstances. No waiver by us will be construed as a waiver of any proceeding or succeeding breach by you of any provision in these Terms.