Last updated September 2020

PLEASE READ THESE TERMS AND CONDITIONS OF PARTICIPATION IN THE WAVES DE LA MER UK 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

1.1. The Waves de La Mer UK Loyalty Program (“Program”) is offered at the sole discretion of Estee Lauder Cosmetics Limited t/a La Mer (company number 00659213 ) with its registered office at One Fitzroy, 6 Mortimer Street, London W1T 3JJ and VAT number of GB 193-0816-58 (“La Mer,” “we,” “our” or “us”). We can be reached by email La Mer Customer Service or by calling 0808 281 0225 (from within the United Kingdom). La Mer is the promoter of the Program.

1.2. The Program is available to individuals for their personal use only and is limited to one account per individual. Corporations, associations or other groups may not participate in the Program. Individuals who are legal residents of the United Kingdom (including its territories and possessions) and at least 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 in our sole but reasonable discretion.

1.3. Affiliates and other brands of The Estée Lauder Companies may also have similar loyalty programs. Membership in the Program does not confer any rights or benefits in the program of any other affiliate or brand of The Estée Lauder Companies.

1.4. BY JOINING THE PROGRAM AND BECOMING A PROGRAM MEMBER, YOU (INDIVIDUALLY AND COLLECTIVELY, “YOU,” “YOUR,” OR “MEMBER”), AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE PROGRAM TERMS AND CONDITIONS OF PARTICIPATION (“TERMS”) AND BY ANY CHANGES OR MODIFICATIONS THAT WE MAY MAKE FROM TIME TO TIME. (WE WILL REFLECT THE LAST DATE OF ANY UPDATE AT THE TOP OF THE PAGE OF THESE TERMS.) YOU ACKNOWLEDGE AND UNDERSTAND THAT THE PROCESSING OF YOUR PERSONAL DATA WILL BE IN ACCORDANCE WITH OUR PRIVACY POLICY. YOU ALSO AGREE TO OUR WEBSITE TERMS AND CONDITIONS WHICH ARE INCORPORATED HEREIN BY THIS REFERENCE.

You should review these Terms and the related policies and Frequently Asked Questions (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(s) for products or services. 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

2.1. Eligible individuals may enroll in the Program by visiting https://www.cremedelamer.co.uk/ (the “Site”) and following the Program prompts to register for the Program.

2.2. You are required to provide your 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, but 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 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 Program 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

3.1. The Program is a way in which we reward and thank our loyal customers for purchasing our products and for participating in certain brand experiences on the Site. You are able to earn points and reach Program loyalty tiers by making eligible purchases or taking certain other Program actions at the Site. For your purchase to qualify for points under the Program, you must be enrolled in the Program and be signed into your Program account at the time of purchase. Once you reach a certain loyalty tier and/or earn a certain number of points, you may be eligible for certain benefits and rewards applicable to that tier and/or number of points, which benefits may change from time to time and may be offered on a limited basis. Eligible purchases and other opportunities to reach Program loyalty tiers or earn points 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.

3.2. The Program is a tier-based program determined by the number of points a member has earned within a single 12-month period on eligible purchases and through qualifying activities, beginning on the date when you enroll. There are 3 tiers with associated benefits:

• Tier 1, Marine                   0 – 349 points
• Tier 2, Aquamarine         350 – 749 points
• Tier 3, Ultramarine          750 + points

When you join, you’ll automatically be placed in Tier 1, Marine, and you will be eligible for all the benefits Tier 1 members receive. Once you earn at least 350 points in your first year, you’ll be automatically moved up to Tier 2, Aquamarine. If you earn 750 points or more in your first year, you’ll qualify for Tier 3, Ultramarine.

Your status in a particular tier is good 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, Aquamarine, in your first year, you’ll maintain Aquamarine status during your second year (subject to moving to a higher tier based on points earned). But, if you earn fewer than 350 points on eligible purchases during your second year, you’ll drop back down to Tier 1, Marine status on your second anniversary date.

3.3. To earn points online, you must be enrolled in the Program and be signed into your Program account at the time of purchase. If you are not a member of the Program at the time of purchase, you must enroll in the Program by visiting the Site within the next 24 hours of such purchase, using the same email address you provided at the time of purchase, in order to be eligible to earn points on that 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. Currently, only purchases made on the Site are eligible for the Program. Purchases made in department stores, specialty stores, airport stores and retail stores (even if owned by us) are not eligible for the Program at this time. If this changes, we will update these Terms. Purchases made outside of the United Kingdom are also not eligible for the Program.

3.4. Members receive 1 point for every 1 British pound (£1) spent on qualifying purchases on the Site. Qualifying purchases include regular priced merchandise and exclude gift cards, discounts, shipping and delivery charges, and/or other excluded charges specified by us from time-to-time. All points earned from purchases on the Site are pending until your order is despatched.

3.5. You will find your eligible offers and rewards (with offer codes if applicable) listed in your Program account.

3.6. 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 balance resets to zero (0) and you start accumulating new points benefits and earning new rewards.

4. Product Rewards and Benefits

4.1. As a member of the Program, you earn points that determine your points benefits plus tier levels and tier benefits. Product rewards and samples are shipped with product purchases on the Site only. Points may never be redeemed for cash. You must be logged in to your Program account to use your benefits.

4.1.1. Point Rewards: At different point levels you will be able to redeem your points for 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. You may redeem one reward per transaction on the Site by logging into your Program account and selecting the reward from your Program account page. Specific rewards vary based on availability. You must redeem your available points/rewards prior to your anniversary date, or the available points and rewards will expire. On your anniversary date, your points balance resets to zero and you start accumulating new points and earning new rewards.

• Welcome offer: Crème de la Mer 7ml worth over £20 with your first £125+ purchase (only available one-time for new members on first purchase after enrollment.)
• Free full-sized hero product with purchase (valid at 350 points and above.)
• Free full-sized hero product with purchase (valid at 750 points and above.)

4.1.2. 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. If you move down a tier, your benefits change accordingly. Tier benefits can only be redeemed on the Site with the exception of exclusive in-store member events and VIP events or as otherwise noted. On your anniversary date, even though your points reset to zero (0), your initial tier status for the year is determined by the number of points earned in the prior year of membership, and you are eligible for those tier benefits regardless of the number of points you have. Please review our FAQs for more information on how to redeem your tier benefits.

• Tier 1, Marine: 0–349 points
  • Free standard delivery and returns (to addresses in the United Kingdom, with a purchase on the Site). Orders must be placed by 3pm for next 'working day' delivery. Please allow two additional days for deliveries to Scottish Highlands, Aberdeen, Northern Ireland and other rural areas.)
  • Free gift wrap with purchase at checkout.
  • Two (2) complimentary samples with purchase at checkout.
  • Complimentary 15-minute services in store.
  • Birthday offer – Complimentary Crème De La Mer 3.5ML when you spend £65.*

• Tier 2, Aquamarine: 350- 749 points
  • All Tier 1 benefits.
  • Free Next Day Delivery twice a year when you spend £250+ on each order.
  • Birthday offer -Complimentary Crème De La Mer 7ML when you spend £125.*

• Tier 3, Ultramarine: 750 points and above
  • All Tier 1 and 2 benefits.
  • Tier 3 only gift: Treatment Lotion 15ml & The Regenerating Serum 3ml with purchase, valid once per year.)
  • Two (2) free next day delivery per year with any order.
  • Birthday offer – Complimentary Crème De La Mer 15ML & Exclusive Pouch when you spend £260.*

* Two Birthday Offers cannot be obtained during the same year, therefore, if Birthday Offer was already redeemed while in Tier 1, an upgrade to Tier 2 during the same year does not grant an additional Birthday offer.

4.2. 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 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. In the event an offer or reward arrives damaged, you received the wrong one, or one is missing from your order, please contact La Mer Customer Service or by calling 0808 281 0225 (from within the United Kingdom.)

4.3. Neither accounts nor Program rewards, benefits and/or points may be transferred, shared or combined by members. Only the member paying for the products may accumulate rewards, benefits and/or points. Members will not receive rewards, benefits and/or points on purchases which are reimbursed by corporations or other organizations ineligible to participate in the Program. 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) are confidential and should not be shared by you with any other person.

4.4. 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 Program 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.

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

4.6. 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.

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

4.8. If you have concerns that a purchase or other activity was not properly applied to your account, you should contact La Mer Customer Service. Your email must specify your name and email address associated with the Program, the date of the Program activity, and the issue(s) you encountered. This email must be sent no more than forty-five (45) days after the date of purchase or other Program activity which took place. We are not responsible for late notifications about purchases or other Program activities not being credited to an account.

4.9. Rewards can only be redeemed on the Site and only with a product purchase, unless otherwise noted by La Mer.

5. Program Communications.

5.1. By enrolling in the Program, you will be automatically subscribed to receive, and you consent to receive Program related emails, including Program marketing emails.

5.2. You may opt-out of receiving marketing emails and/or Program-related emails at any time by following the instructions included in each communication, such as clicking on the unsubscribe link included in each email, and as otherwise provided in the La Mer Privacy Policy, but 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. If you opt-out of Operational Emails, you will no longer receive emails regarding your Program status or the Program rewards or benefits that may be available to you and this information will only be available through your Program account or by contacting La Mer Customer Service or by calling 0808 281 0225 (from within the United Kingdom). For more information on managing your email preferences, please see our Privacy Policy.

6. Termination and Modification

6.1. 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 in 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 Terms and/or the Program or any aspect or feature of the Program at any time without 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. Changes to the Program will be set forth in these Terms and will be effective on the date the Terms are posted to the Site (with the effective date reflected at the beginning of the Terms). Continued participation in the Program following posting of updated or modified Terms constitutes your acceptance of those Terms as so updated and modified.

6.2. 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. To keep your Program 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 comply with 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 (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 Terms, we reserve the right to take appropriate legal action.

6.3. 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 La Mer Customer Service or by calling 0808 281 0225 (from within the United Kingdom). If you terminate your membership, you will automatically lose all accumulated points, benefits and your tier status and no longer receive Program related communications.

7. Limitation of Liability.

7.1. We shall not be liable to you for the following: (1) any failure by you to provide us with correct information; (2) if we are unable to perform any of our obligations to you due to failure of any technical systems or for any other reasons beyond our reasonable control including, amongst other things, 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; or (4) any loss of information or unauthorised use of data arising as a result of you using encryption systems below our recommended level.

7.2. The disclaimers and limitations of liability in these Program 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.

8. 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 and procedural laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.

9. 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, will be used and disclosed by us in accordance with the La Mer Privacy Policy. Without limiting the foregoing, we will use and retain your personal information to (1) create and manage your loyalty Program account; (2) provide goods and services to you, such as servicing and maintaining your Program membership with us; (3) protect against deceptive and fraudulent activity; (4) enable internal uses that are consistent with our Privacy Policy; and (5) comply with a legal obligation.

10. Entire Agreement; Waiver and Survival.

These Terms govern our relationship with you as it relates to the Program. You confirm that, in agreeing to accept the Terms, you have not relied on any representation except as expressly set forth in these Terms and you agree that you shall have no remedy in respect of any such representation not included in these Terms. Your statutory rights are not affected by these Terms. Nothing in these Terms shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not a part of these Terms. Each provision of the 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.

11. Contact Us

For information about the Program and your membership, contact 0808 281 0225 (from within the United Kingdom) or via email at https://www.cremedelamer.co.uk/customer-service-contact-us. 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.