Last updated 27 June, 2023

E-LIST SOUTH AFRICA LOYALTY PROGRAM TERMS AND CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS OF PARTICIPATION IN THE ESTÉE E-LIST LOYALTY PROGRAM CAREFULLY. BY PARTICIPATING IN THIS PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT PARTICIPATE IN THIS PROGRAM. 

  1. Membership Eligibility and Overview
    1. The Estée E-List Loyalty Program (“Program”) is offered at the sole discretion of Estee Lauder Companies (PTY) Ltd. (“Estee Lauder,” “we,” “our” or “us”). The Program is available to individuals for their personal use only and is limited to one account per individual. Companies, close corporations, trusts, associations or other juristic entities may not participate in the Program. Individuals who are legal residents of South Africa and at least eighteen (18) years of age and who provide and maintain a valid email address are eligible to become members. No purchase is necessary to join the Program. The Program may not be used for any business or commercial purpose and we may refuse to create an account for any reason. Employees and individuals employed by our business partners or vendors are eligible for membership for personal use only but may be excluded from certain benefits of the Program.
    2. By joining the Program and becoming a Program member, you (individually and collectively, “you,” “your,” or “Member”), agree that you have read, understood and agree to be bound by these Program Terms and Conditions of Participation (“Terms”) and by any changes or modifications we may make. You should review these Terms and the related policies and FAQs frequently to understand the terms and conditions that apply to the Program as they may change from time to time. These Terms do not alter in any way the terms or conditions of any other agreement you may have with us, including any agreement for products or services. By enrolling in the Program, you also agree to be bound by our website Privacy Policy and our website Terms and Conditions , which are incorporated herein by reference. If you do not agree to these 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.
  2. Program Enrollment
    1. Eligible individuals may enroll in the Program by visiting https://www.esteelauder.co.za/ (collectively, the “Site”) and following the Program prompts to register for the Program.
    2. You are required to provide your email address in order to enroll in the Program. You will also need to create an account by providing your name and creating a password in order to access certain Program benefits and rewards. It is optional to provide your birth date and your telephone number. You are solely responsible for maintaining the accuracy of your account information and for updating it as required. You may update your personal information on the Site.
    3. Only one Program account may be associated with 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 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.
  3. How the Program Works
    1. The Program is a way in which we reward and thank our loyal customers for purchasing our products and/or taking other Program related actions. 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 benefits and rewards applicable to that tier, which benefits 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 (e.g., in marketing communications, social media, etc.). Visit our FAQs to learn more about earning points and reaching the Program loyalty tiers.
    2. The Program is a tier-based program determined by the number of points a Member has earned within a single year on eligible purchases and through qualifying activities, beginning on the date when you enroll. There are 3 tiers with associated benefits:
      • Tier 1, Be Excited 0 – 2999 points
      • Tier 2, Be Enthusiastic 3000 – 7499 points
      • Tier 3, Be Envied7500 + points

      When you join, you’ll automatically be placed in Tier 1, Be Excited and be eligible for all the benefits Tier 1 Members receive. Once you earn 3000 points, you’ll be automatically moved up to Tier 2, Be Enthusiastic. If you earn 7500 points or more, you’ll qualify for Tier 3, Be Envied.

      Your status in a particular tier is valid for the year in which you qualify for that tier and the following full year. After that, you’ll need to earn enough points to qualify for that tier each year. For example, if you qualify for Tier 2, Be Enthusiastic, during your first year, you’ll maintain Be Enthusiastic status during your second year. But, if you earn fewer than 3000 points on eligible purchases during your second year, you’ll drop back down to Tier 1, Be Excited status on your second anniversary date.

    3. For your purchase to qualify for the Program, you must be enrolled in the Program and be signed into your online account at the time of purchase. Past purchases made within 24 hours of the date you joined the Program will also qualify for the Program if you provided the email address associated with your online account at the time of the purchase. However, if your membership in the Program is terminated for any reason and you enroll in a new Program account, any purchases made prior to the date you enroll in a new Program account do not qualify for points.
      1. Members receive 1 point for every 1 Rand (1) spent on qualifying purchases on the Site. Purchases made in department stores, specialty stores, airport stores and retail stores are not eligible for the Program. Qualifying purchases include regular priced merchandise, services, and applicable taxes fees, and exclude shipping and delivery charges or other excluded charges specified by us from time-to-time. E-gifts cards do not qualify as eligible purchase to earn points. All points earned from purchases on the Site are pending until your order ships, at which point they are fully matured and capable of redemption.
      2. In addition to these purchases, you may also earn additional points for actions on the Site from time to time. To earn these points, you must be a Program Member and logged into your account before completing the actions. The number of points, if any, awarded for each action is determined by Estée Lauder in its sole discretion and in all cases subject to a maximum number of points earned for each action per year.
    4. Points are valid for one year from your Program “anniversary date.” This is the anniversary of the date you enrolled in the Program and occurs on a 12-month cycle. On your anniversary date each year, your points reset to zero and you start accumulating new points benefits and unlocking new rewards.
  4. Program Rewards and Benefits
    1. As a Member, you earn points that determine your points benefits plus tier levels and tier benefits. To redeem offers and rewards, you must have accumulated the minimum number of points as established by us for a particular benefit. Product rewards and samples are shipped with product purchases on the Site only. Points may never be exchanged for cash. You must be logged into your Program account to use your benefits. You will find your eligible offers and rewards (with offer codes if applicable) listed in your personal account. Qualifying Members will receive email invitations when event rewards are available if they have not opted-out of receiving Program emails.
      1. Points Benefits: At different point levels you will unlock rewards that can be used in conjunction with a purchase on the Site. These rewards are based on the number of points you have accumulated in a single year as listed below and are valid for one time redemption per year. You must redeem your unlocked rewards prior to your anniversary date, or the available rewards will expire. On your anniversary date, your points reset to zero and you start accumulating new points and unlocking new rewards. You may only redeem one points benefit reward per order. Points benefits cannot be combined with other Site-wide promotional offers (e.g., other discounts, free sample offers, gift with purchase, delivery fees, free product offers, etc.).
        • Free mini product of your choice within 2 options (valid with an online purchase after earning 1500 points in Tier 1 and available once per anniversary year).
        • Free mini products of your choice within 3 options (valid with an online purchase after earning 3000 points in Tier 2 and available once per anniversary year).
        • Free full-size product of your choice within 3 options (valid with an online purchase after earning 5000 points in Tier 2 and available once per anniversary year).
        • Free full-size product of your choice within 3 options (valid with an online purchase after earning 7500 points in Tier 3 and available once per anniversary year).
        • Free full-size product of your choice within 3 options (valid with an online purchase after earning 10000 points and available once per anniversary year).
        • Free full-size product of your choice within 3 options (valid with an online purchase after earning 13000 points and available once per anniversary year).
      2. Tier Benefits: Certain benefits are based on tier level achieved and you are eligible for these benefits while you are in that tier regardless of the number of points you currently have. Tier benefits can only be redeemed on the Site with the exception of VIP events or as otherwise noted. On your anniversary date, even though your points reset to zero, your initial tier status for the year is determined by the number of points earned in the prior year.

        o Tier 1, Be Excited: 0–2999 points

        • ​15% off on one online order and deluxe sample (one time only - within 60 days of the registration).
        • ​Deluxe sample (one time only upon enrollment in Estée E-List Loyalty Program).
        • ​Birthday gift: Double points valid for one online order within the month of your birth date (one per anniversary year).

        o Tier 2, Be Enthusiastic: 3000–7499 points

        • 15% off on one online order and deluxe sample (one time only - within 60 days of the registration).
        • Double point events (3 times a year)
        • Birthday gift: Free 5 or 6-piece gift (valid once per anniversary year during the month of your birth date).
        • Early access to launches (occasionally)

        o Tier 3, Be Envied: 7500 points and above

        • 15% off on one online order and deluxe sample (one time only - within 60 days of the registration).
        • Double point events (3 times a year)
        • Early access to launches (occasionally)
        • Birthday gift: Free 5 or 6-piece gift (valid once per anniversary year during the month of your birth date).
        • Additional samples with every order (with each online purchase)
    2. Offers and rewards are available while supplies 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 your accumulated rewards and/or benefits. We will reship offers or rewards if they arrive damaged, if you received the wrong one or if one is missing from your order. In the event an offer or reward arrives damaged, you received the wrong one, or one is missing from your order, please contact Customer Service .
    3. Neither accounts nor Program rewards, benefits and/or points may be transferred, shared or combined. Only the Member paying for the products 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 with any other person.
    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. Purchase balances and/or points credited to your Program account will be decreased or reversed, as applicable, if part or all of the purchase is returned or cancelled or if the credit is obtained through fraudulent or other activity that violates these Terms. The sale, barter, transfer, or assignment of any rewards, points or benefits offered through the Program, other than by us, is expressly prohibited.
    5. Rewards cannot be exchanged or returned for points, another product or a monetary refund.
    6. The products and services available through the Program and any samples that we may provide to you are for personal 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 Terms.
    7. We are not responsible for rewards, benefits and/or points lost or redeemed due to fraudulent activity by you or any third party.
    8. In accordance with applicable law, 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. In accordance with applicable law, 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 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.
    9. If you have concerns that a purchase or other activity was not properly applied to your account, you should contact Estée Lauder Customer Service . You must specify your name and email address associated with the Program, the date of the Program activity, and the issue(s) you encountered. You must contact Customer Service no more than forty-five (45) days after the date the purchase or other Program activity took place. We are not responsible for late notifications about purchases or other Program activities not being credited to an account.
    10. Rewards can only be redeemed on the Site, unless otherwise indicated by Estée Lauder.
  5. Program Communications
    1. By enrolling in the Program, you will be automatically subscribed to receive and consent to receiving (1) Program-related transactional emails, including welcome emails (2) Estée Lauder transactional emails. Examples of these include, but are not limited to, a redemption confirmation email, a profile update email, or other communications that relate to your account. If you terminate your Program membership, you will no longer receive Program-related communications.
    2. You can also subscribe to receive Program marketing communications from Estée Lauder South Africa and Estée Lauder marketing emails by selecting the appropriate check box. You can opt-out at any time from marketing communications by following the instructions included in each communication, such as clicking on the unsubscribe link included in each email or by submitting a request through our Privacy Portal. However, by opting-out from marketing emails, transactional emails will still be sent to you as they relate to your membership in the Program, and you consent to their receipt as they are necessary for the performance of the Program./
  6. Termination and Modification
    1. The Program and its benefits are offered at our sole discretion. In accordance with applicable law, we may, in our discretion, cancel, modify, restrict or terminate these Terms, our FAQs and/or the Program or any aspect or feature of the Program at any time with reasonable prior notice, even though such changes may affect the value of rewards or benefits already accumulated or earned and/or the ability to redeem accumulated rewards or benefits.
    2. In accordance with applicable law, we reserve the right to exclude you from or to discontinue your participation in the Program and to audit your membership account at any time, in our sole discretion. To keep your account active, you must log in to your Program account and make a purchase within 24 months. Membership will expire if a Member is inactive for a period of 24 months or more. Any suspected abuse of the Program, failure to follow any Terms, illegal activity, fraud, misrepresentation or other conduct inconsistent with these 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 and/or certificates, 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 account will automatically expire and your access to the Program and features will automatically terminate. In addition, if we suspect illegal activity, fraud, misrepresentation, abuse or violation of these Terms, we also have the right to take appropriate legal action, in our sole discretion.
    3. If you decide you no longer want to be a part of the Program, you may cancel your membership at any time by opting-out of the Program in your account on the Site, or by contacting Customer Service . If you cancel your membership, you will lose all accumulated points, benefits and tier status.
  7. Disclaimer of Warranties; Limitation of Liability
    1. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, CONDITIONS, REPRESENTATIONS, LIABILITY OR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY.
    2. NEITHER ESTÉE LAUDER NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS OR THE PROGRAM OR ANY OF THE REWARDS OR BENEFITS ASSOCIATED WITH THE PROGRAM INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS, WARRANTIES AND CONDITIONS ARE NOT LEGALLY EXCLUDABLE.
    3. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER ESTÉE LAUDER NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE (WHETHER IN CONTRACT, DELICT (INCLUDING NEGLIGENCE) OR OTHERWISE) FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE PROGRAM; (c) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF THIRD PARTY LINKS ON THE SITE OR USE OF ANY REWARD OR BENEFIT OF THE PROGRAM; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (f) ANY INACCURACIES OR OMISSIONS IN PROGRAM CONTENT; OR (g) EVENTS BEYOND OUR REASONABLE CONTROL. WE MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS THAT DEFECTS OR ERRORS WILL BE CORRECTED.
    4. FURTHER, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER ESTÉE LAUDER NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE PROGRAM AND/OR YOUR PARTICIPATION THEREIN, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, DELICT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE THOUSAND FIVE HUNDRED NINETY-FIVE SOUTH AFRICAN RANDS (R1595).
    5. IF YOU HAVE A DISPUTE WITH US OR ARE DISSATISFIED WITH THE PROGRAM, TERMINATION OF YOUR MEMBERSHIP IN THE PROGRAM IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
  8. ​Indemnification
    YOU AGREE TO DEFEND, INDEMNIFY AND HOLD US, OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY LOSS, DAMAGES OR COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY THIRD-PARTY CLAIM, ACTION, OR DEMAND RESULTING FROM YOUR PARTICIPATION IN THE PROGRAM IN VIOLATION OF ANY LAW, RULE, REGULATION OR THESE TERMS.
  9. ​Governing Law and Disputes
    Unless the laws of your jurisdiction require that those laws apply, this Program and these Terms will be governed by and construed under the substantive laws of South Africa applicable therein, without regard to the conflict of law provisions thereof. The exclusive jurisdiction and venue of any action with respect to the subject matter of this Agreement shall be the competent courts of Johannesburg, South Africa and each of the parties hereto submits itself to the exclusive jurisdiction and venue of such courts for the purpose of any such action. The United Nations Convention for the International Sale of Goods is expressly excluded from this Agreement.
  10. ​Privacy
    The personal information collected from you in connection with the Program membership, will be used and disclosed by us in accordance with the Estée Lauder Privacy Policy and article 5 of the Program. Without limiting the foregoing, we will use and retain your personal information to (1) provide goods and services to you, such as servicing and maintaining your Program membership with us; (2) protect against deceptive and fraudulent activity; (3) enable internal uses that are consistent with our Privacy Policy ; and (4) comply with a legal obligation.
  11. 11. Contact Us
    For information about the Program and your membership, contact Customer Service . We are not responsible for requests or correspondence lost or delayed in the mail or over the Internet. You may also provide answers to helpful frequently answered questions in our FAQs.

 

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