Last Updated: January 4, 2021

 

Please read these Terms and Conditions of Use (the "Agreement") carefully before using this website. By using any of the websites listed here, you agree to be bound by this Agreement: CA.NATURECOLLECTION.COM and any other sites that link to these terms and conditions (“NATURE COLLECTION WEBSITES”). If you do not agree to the terms and conditions of this Agreement, please do not use the NATURE COLLECTION WEBSITES. The NATURE COLLECTION WEBSITES are owned and operated by Avon Company Canada Limited, a corporation formed under the laws of Canada (referred to herein as "AVON”, "we”, "us" and "our").  AVON reserves the right to change this Agreement, in whole or in part, from time to time at our sole discretion, and to provide you with notice of such change by any reasonable means, including without limitation posting the revised draft of this Agreement on the NATURE COLLECTION WEBSITES. You can determine when this Agreement was last revised by referring to the "LAST UPDATED" legend at the top of this Agreement. You should always check this Agreement prior to using the NATURE COLLECTION WEBSITES. Your continued use of the NATURE COLLECTION WEBSITES following the posting of changes to this Agreement will mean that you accept those changes.

1.   Restricted Uses.

The contents of the NATURE COLLECTION WEBSITES are copyrighted under Canadian copyright laws. Except as stated herein, none of the material on the NATURE COLLECTION WEBSITES may be copied, reproduced, distributed, republished, uploaded, displayed, posted or transmitted in any way whatsoever. Subject to your compliance with this Agreement, and solely for as long as you are permitted by AVON, to access and use the NATURE COLLECTION WEBSITES, you may download one (1) copy of any particular materials from the NATURE COLLECTION WEBSITES for your own personal, non-commercial use, provided that you agree to abide by any copyright notice or other restrictions contained in or applicable to such materials, including any author attribution, copyright or trademark notice or restriction in any such material that you download. Modification of the materials, or use of the materials for any other purpose, whether commercial or noncommercial, is a violation of AVON’s copyright and other proprietary rights.

"NATURE COLLECTION" and the other NATURE COLLECTION trademarks, trade names, service marks and logos appearing on the NATURE COLLECTION WEBSITES are proprietary trademarks of AVON or its licensors. The use of any of our trademarks or any other content made available through the NATURE COLLECTION WEBSITES, except as expressly provided in this Agreement, is strictly prohibited.

2.   Information Submitted Through the NATURE COLLECTION WEBSITES.

Any person accessing, visiting, browsing, transacting or otherwise using the NATURE COLLECTION WEBSITES is subject to this Agreement. You represent and warrant that you are at least 18 years of age. If you are under the age of 18 but are at least 14 years of age you may use the NATURE COLLECTION WEBSITES only under the supervision of a parent or legal guardian who has agreed to be bound by this Agreement.

Your submission of information through the NATURE COLLECTION WEBSITES is governed by this Agreement and by AVON Privacy Statement (the "Privacy Statement"), Privacy Statement. This Agreement incorporates by reference the terms and conditions of the Privacy Statement.

By submitting any information or material to the NATURE COLLECTION WEBSITES, you represent, warrant and agree that

• Any information or material that you provide in connection with your use of the NATURE COLLECTION WEBSITES is true, accurate and complete, and that you will maintain and update such information as needed, such that the information remains true, accurate and complete;
• The use of the information or material that you supply does not violate this Agreement; and
• If you have provided contact information, AVON may contact you for your opinions, in connection with Transactions (as defined below) and for other matters related to the operations of AVON.

 

3.   Registration; Usernames and Passwords.

 You may be required to register with AVON in order to access certain areas of the NATURE COLLECTION WEBSITES, for example, to purchase NATURE COLLECTION products or otherwise initiate Transactions (as defined below). With respect to any such registration, we may refuse to grant you, and you may not use, a user name or email address that belongs to or is already being used by another person; that may be construed as impersonating another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. You are responsible for maintaining the confidentiality of any password you may use to access the NATURE COLLECTION WEBSITES, and you agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the NATURE COLLECTION WEBSITES, to any third party. You are fully responsible for all Transactions (including any information transmitted in connection with any Transactions) and other interactions with the NATURE COLLECTION WEBSITES that occur in connection with your username. You agree to immediately notify AVON of any unauthorized use of your password or user name or any other breach of security related to your account, your user name or the NATURE COLLECTION WEBSITES, and to ensure that you "log off" and exit from your account with the NATURE COLLECTION WEBSITES (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.

4.   Rules of Conduct.

We expect users of the NATURE COLLECTION WEBSITES to respect the law as well as the rights and dignity of others. While using the NATURE COLLECTION WEBSITES you agree to comply with all applicable laws, rules and regulations. In addition, your use of the NATURE COLLECTION WEBSITES is conditioned on your compliance with the rules of conduct set forth in this section, and failure to comply with these rules of conduct may result in termination of your access to the NATURE COLLECTION WEBSITES pursuant to Section 14 below.

You agree not to:

• Post, transmit, or otherwise make available through or in connection with the NATURE COLLECTION WEBSITES:
• Any information or materials that are or may be, or the posting, transmission or use of which is or may be: (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory or libelous;
• fraudulent or tortious; or (d) obscene, indecent, pornographic or otherwise objectionable;
• Any information or material that infringes a third party’s copyright, patent, trademark, trade secret or other proprietary rights or right of publicity or privacy;
• Any information or materials that are or may be, or the posting, transmission or use of which is or may be: (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory or libelous;
• fraudulent or tortious; or (d) obscene, indecent, pornographic or otherwise objectionable;
• Any information or material that infringes a third party’s copyright, patent, trademark, trade secret or other proprietary rights or right of publicity or privacy;
• Any information or material that is known by you to be false, inaccurate or misleading;
• Any information or material for which you were compensated or granted any consideration by any third party;
• Any information or materials that includes references other websites, addresses, email addresses, contact information or phone numbers;
• Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a violation of law; or that encourages or provides instructional information about illegal activities or activities such as "hacking", "cracking", or "phreaking”; any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or that may or is intended to damage, hijack, disable, interfere with, or disrupt the operation of, or monitor the use of, any hardware, software or equipment;
• Any unsolicited or unauthorized advertisements, promotional material, "junk mail", "spam", "chain letter", "pyramid scheme" or investment opportunity, or any other form of solicitation that is not expressly approved by AVON in advance;
• Any personally identifiable information of another individual, without the prior consent of such individual; and
• Any material, non-public information about a company, without the proper authorization to do so;
• Use the NATURE COLLECTION WEBSITES for any fraudulent or unlawful purpose including, but not limited to, any purpose resulting in violations of laws, regulations and orders governing export control, consumer protection, unfair competition, anti-discrimination or false advertising;
• Use the NATURE COLLECTION WEBSITES to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others' privacy rights or rights of publicity, or to harvest or collect information about users of the NATURE COLLECTION WEBSITES.
• Impersonate any person or entity, including without limitation any representative of AVON; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the NATURE COLLECTION WEBSITES; or express or imply that we endorse any statement you make.
• Interfere with or disrupt the operation of the NATURE COLLECTION WEBSITES or the servers or networks used to make the NATURE COLLECTION WEBSITES available; or violate any requirements, procedures, policies or regulations of such networks.
• Restrict or inhibit any other person from using the NATURE COLLECTION WEBSITES (including without limitation by hacking or defacing any portion of the NATURE COLLECTION WEBSITES).
• Use the NATURE COLLECTION WEBSITES to advertise or offer to sell or buy any goods or services for any business purpose, without AVON's express prior written consent.
• Reproduce, duplicate, copy, sell, resell, link to or otherwise exploit for any commercial purposes, any portion of, use of, or access to, the NATURE COLLECTION WEBSITES.
• Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the NATURE COLLECTION WEBSITES.
• Remove any copyright, trademark or other proprietary rights notice from the NATURE COLLECTION WEBSITES or materials originating from the NATURE COLLECTION WEBSITES.
• Frame or mirror any part of the NATURE COLLECTION WEBSITES.
• Create a database by downloading and storing NATURE COLLECTION WEBSITES content.
• Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape", "data mine" or in any way gather NATURE COLLECTION WEBSITES content or reproduce or circumvent the navigational structure or presentation of the NATURE COLLECTION WEBSITES without AVON's express prior written consent.

 

Additionally, you acknowledge and agree that you (and not AVON) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the NATURE COLLECTION WEBSITES, and for paying all charges related thereto.

5.   Ratings, Forums and Submissions.

AVON may offer features through the NATURE COLLECTION WEBSITES that enable you to post information and materials publicly, for example, product ratings and reviews, bulletin boards, chat areas, and similar forums (collectively referred to herein as "Ratings and Forums"). All of the rules of conduct described in Section 5 above apply to the Ratings and Forums. Additionally, without AVON's express prior written consent, you may not use the Ratings and Forums for any commercial purposes, including the promotion or advertisement of any goods, services or opportunities, and you may not use the Forums to solicit other NATURE COLLECTION WEBSITE visitors or users to visit or become members of, subscribe to or register with any commercial online service or other organization.

When you submit or make available any information or materials through the Ratings and Forums or otherwise through any NATURE COLLECTION WEBSITE ("Submissions"), you acknowledge and agree that those Submissions will be non-proprietary and non-confidential, may be made available to the general public, and may be used by AVON without restriction. You grant to AVON the worldwide, perpetual, royalty-free, irrevocable, nonexclusive right and license, sublicensable through multiple tiers, without compensation to you, to use, reproduce, distribute (through multiple tiers), adapt (including without limitation edit, modify, translate and reformat), create derivative works of, transmit, publicly display, publicly perform, digitally perform, make, have made, sell, offer for sale and import all Submissions, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section with respect to each Submission, and that your provision of Submissions through the Ratings and Forums or otherwise through the NATURE COLLECTION WEBSITES complies with all applicable laws, rules and regulations. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that you may have under any applicable law or under any legal theory. This section will survive termination of this Agreement for any reason.

We reserve the right, at our sole discretion, to edit any Submission and to choose to include or not include such Submission in the Ratings and Forums or otherwise in the NATURE COLLECTION WEBSITES. The Ratings and Forums include the opinions, statements and other content of third parties. We are not responsible for screening, monitoring or verifying such content, including such content's accuracy, reliability or compliance with copyright or other laws. Any opinions, statements or other materials made available by third parties through the Ratings and Forums or otherwise through the NATURE COLLECTION WEBSITES are those of such third parties and not of AVON, and AVON does not endorse any such opinions, statements or materials. We may remove objectionable statements or other content from the NATURE COLLECTION WEBSITES at any time if we deem removal to be warranted. Please understand that removal or editing of any Submission or other materials may not occur immediately.

You acknowledge and agree that AVON has no control over, and shall have no liability for any damages resulting from, the use (including without limitation re-publication) or misuse by any third party of information voluntarily made public through the Ratings and Forums or any other part of the NATURE COLLECTION WEBSITES. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE RATINGS AND FORUMS OR OTHERWISE THROUGH THE NATURE COLLECTION WEBSITES, YOU DO SO AT YOUR OWN RISK.

6.   Sweepstakes, Contests, and Similar Promotions.

Any sweepstakes, contest, or similar promotion made available through any NATURE COLLECTION WEBSITE may be governed by specific rules that are separate from this Agreement. By participating in any such sweepstakes, contest, or promotion, you agree to become subject to those rules, which may vary from the terms and conditions set forth herein. AVON urges you to read the applicable rules which will be linked from the particular activity, and to review the Security and Privacy Statement, which, in addition to this Agreement, will govern any information you submit in connection with such activities.

7.   Purchases and Other Transactions.

If you wish to purchase any product or service or to make a payment to your NATURE COLLECTION account through a NATURE COLLECTION WEBSITE (each such purchase or other transaction, a "Transaction"), you may be asked to supply certain information relevant to your Transaction, including without limitation your credit card number, your credit card verification or other security code, the expiration date of your credit card, your billing address and your shipping information. Any such information provided through the NATURE COLLECTION WEBSITES will be treated by AVON in accordance with this Agreement and the AVON Privacy Statement. Verification of information may be required prior to the acknowledgment or completion of any Transaction. You represent and warrant that you have the legal right to use any credit card(s) or other payment means used to initiate any transaction.

On NATURE COLLECTION WEBSITES, you will be asked to supply certain personal information such as contact information and preferences to create a customer account. Acceptance of orders is at the discretion of AVON depending on channel of purchase. Any such information provided through the NATURE COLLECTION WEBSITE will be treated by AVON in accordance with this Agreement and the Privacy Statement. Verification of your information may be required. The advertised prices featured online (errors and omissions excluded) are AVON’s retail prices. All prices exclude applicable taxes. Pricing and availability of any product or service identified through the NATURE COLLECTION WEBSITES are estimates only and subject to change without notice. By conducting a Transaction or creating a customer account, you are consenting to the collection, use and disclosure of your personal information, pursuant to this Agreement and the AVON Privacy Statement.

AVON reserves the right, with or without prior notice, (a) to change product or service descriptions, images and references; (b) to limit the available quantity of any product or service; (c) to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code, incentive offer or other promotion; (d) to prevent or prohibit any user or customer from making any or all Transaction(s); and/or (e) to refuse to provide any user or customer with any product or service. Price and availability of any product or service offered through the NATURE COLLECTION WEBSITES are subject to change without notice, and AVON shall not be responsible for errors in the prices or descriptions of such products or services. Refunds and exchanges will be subject to AVON's refund and exchange policies then in effect. You agree to pay all charges that may be incurred by you or on your behalf through the NATURE COLLECTION WEBSITES, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.

 

8.    TERMS AND CONDITIONS OF SALE

8.1 Canadian Site

Residents of Canada

• You must shop on the Canadian site and pay in Canadian funds.

8.2 Setting Up an Account

From the home page, you will have the opportunity to set up a NATURE COLLECTION user account. Having an account will allow you to place orders more quickly. Personal information such as your first and last name and billing and shipping addresses are kept on file in a secure manner so that you do not have to enter them each time you place an order. Setting up an account also lets you access your order history and check the status of your orders, the whole in accordance with the terms of our privacy statement. You may close your account at any time. To do so, you must first log in, then click on “Close account.” However, closing your account means that you will lose access to your order history and you also will need to enter your shipping and billing addresses each time you place an order.

8.3 Prices

8.3.1 Amount. The purchase price for each product appears adjacent to it on the NATURE COLLECTION WEBSITE. All prices are in Canadian dollars.

8.3.2 Shipping costs. Shipping and delivery charges and applicable taxes are extra (unless we state that shipping is included) and will be shown on screen before you confirm your order.

8.3.3 Sales tax. Applicable sales taxes are extra and will be shown on screen before you confirm your order.

8.3.4 Price changes. Avon reserves the right to modify the prices of products on the NATURE COLLECTION WEBSITE at any time, without prior notice.

8.3.5 Boutique prices. Prices for products offered on the NATURE COLLECTION WEBSITES may differ from prices for the same products sold in NATURE COLLECTION stores, and you will have no recourse against Avon, its affiliated companies or NATURE COLLECTION distributor ship stores if the price difference is not in your favour or if you could have taken advantage of better sales terms had you made your purchase elsewhere or at another time.

8.3.6 Online promotions. The customer is responsible for adding the correct products in his cart and to verify that the desired promotion has been correctly applied to the cart before submitting his order. For any promotion of the Buy X Get Y type, the customer must add the total of products (X+Y) in his cart for the promotion to be applied. (For example, if the promotion is Buy 2 Get 1 free, a total of 3 products have to be added to the cart). Avon can offer assistance with orders that have been incorrectly placed within 30 days of placing the order. If a customer’s fails to properly add the products, Avon will ship the missing item from the order but the customer will be responsible for the shipping fees (fees varies from region to region).

8.4 Credit Card Payment

8.4.1 Credit cards accepted. At present the NATURE COLLECTION WEBSITES accepts PayPal and the following credit cards only:

• Visa
• MasterCard

We reserve the right to stop accepting credit cards from one or more issuers at any time.

8.4.2 Validity and authenticity. You must use a valid and authentic credit card on the NATURE COLLECTION WEBSITES and be an authorized user. If the charge is not approved or accepted, we reserve the right to cancel your order without notice, with no liability or obligation. We reserve the right to contact the issuer for authorization if we suspect that a card is being used fraudulently.

8.5 Return and Refund Policy

Online returns or exchanges are not accepted in-stores. Please visit us in- store for in-store returns and refund policy.

8.5.1 Exchange. We accept NATURE COLLECTION product returns (with the exception of items purchased on sale or during promotions or if the product was open) at any time up until the end of the 30th day after they have been received. Merchandise purchased from the website ca.naturecollection.com cannot be exchanged in-store.

8.5.2 Refund. We will issue a refund for any NATURE COLLECTION products (in their original unopened packaging) within 30 days of their delivery date (with the exception of items purchased on sale or during promotions). We do not issue refunds for trial sizes or gift cards.

8.5.2 Address. The address for product returns is

89 Doyon

Pointe-Claire, Quebec

H9R 0A4

 

Contact customer service to find out how to return items.

8.5.3 Supporting documentation. Returned items must be accompanied by their invoice and order number. Subject to Section 8.5.1 above, you do not need to provide Avon with any justification or pay any penalty.

8.5.4 Return shipping costs. You must pay the cost of shipping and insuring returned items (unless Avon did not ship the products you ordered or you received defective products, in which case Avon will pay shipping and insurance costs as long as you use a shipper that insures the package against loss and damage).

8.5.5 Credit. When your return arrives at Avon, we will refund the amount debited to your credit card account—less shipping costs—as soon as possible provided that the merchandise has been returned by you and received by Avon in accordance with Section 8.5.1 above, and is in the same condition that it was at the time of delivery.

8.6 Product Availability

8.6.1 Inventory. Avon does not under any circumstances guarantee that products offered on the NATURE COLLECTION WEBSITES are available in inventory. If Avon is not able to deliver any of the items you order because they are out of stock, we will refund the amount charged to your credit or debit card for these products and send you a refund confirmation by email.

8.6.2 Damages. Avon will not be responsible at any time for any damages that you may incur because products are out of stock.

8.7 Product Delivery

8.7.1 Gift wrapping. Avon currently does not offer gift wrapping. You may add wrapping paper and a gift bag that you can use to wrap your gifts once you take delivery. Simply make your selection when reviewing the items in your shopping basket (Step 1).

8.7.2 Shipping destination. Avon offers delivery throughout Canada only. We do not make any shipments outside of Canada.

8.7.3 Address. Avon will deliver items you purchase to the address you provide in your order.

8.7.4 Shipping fees. Shipping fees vary depending on the order (weight, volume, destination and delivery time) and will appear on the screen before you confirm your order.

8.7.5 Delivery times. Avon strives to have orders delivered as quickly as possible once your order is accepted. Delivery times and fees will vary based on the shipment destination and availability of products in inventory. Delivery time calculations are from the shipment’s departure from the Avon premises.

Delivery times, for reference only:

Regular: 3-10 working days.

8.7.6 Deliveries. Product deliveries are subject to the corporate policies of the delivery companies used by Avon, which presently include Canada Post within Canada.

8.7.7 Transfer of title. You become the owner of the products you ordered when Avon turns your shipment over to the delivery company. You assume all associated risks at that point and Avon will not be responsible for any loss, destruction or damage.

8.7.8 Payment in full. Avon must receive payment in full for products before they can be shipped to you.

 

9.   Intended Audience.

AVON controls and operates the NATURE COLLECTION WEBSITES from its offices located in Canada, and the NATURE COLLECTION WEBSITES are not intended to subject AVON to the laws or jurisdiction of any Province, country, or territory other than those of Canada. Unless otherwise specified, materials made available through the NATURE COLLECTION WEBSITES are presented solely for the purpose of providing services and promoting products available in Canada. AVON makes no representation or warranty that any NATURE COLLECTION WEBSITE, in whole or in part, or any products, services, or materials made available through the NATURE COLLECTION WEBSITES, are appropriate or available for use in other locations. Those who choose to access the NATURE COLLECTION WEBSITES from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws, rules and regulations, if and to the extent local laws, rules or regulations are applicable.

10.   Links to or From Other Sites.

Except as otherwise expressly stated by AVON on a NATURE COLLECTION WEBSITE, AVON is not affiliated or associated with operators of any third-party websites that link to or are linked from the NATURE COLLECTION WEBSITES. AVON expressly disclaims any responsibility for the accuracy, content, or availability of information found on third party websites that link to or are linked from the NATURE COLLECTION WEBSITES. We cannot ensure your satisfaction with any products or services that are available through any third-party site that links to or is linked from the NATURE COLLECTION WEBSITES because these third-party sites are owned and operated by independent entities. We do not endorse any of the products or services, nor have we taken any steps to confirm the accuracy or reliability of any of the information, made available through any third-party sites. We make no representations or warranties as to the security of any information (including without limitation credit card and other personal information) that you may provide or be requested to provide to any third party, whether through such a third-party site or otherwise.

YOU AGREE THAT YOUR USE OF THIRD PARTY SITES AND RESOURCES AND ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, SERVICES, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH SITES AND RESOURCES IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.

AVON shall have the right, at any time and at its sole discretion, to block links to the NATURE COLLECTION WEBSITES through technological or other means without prior notice.

11.   Disclaimer.

 THE NATURE COLLECTION WEBSITES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. AVON MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH THE NATURE COLLECTION WEBSITES. ANY RELIANCE ON OR USE OF SUCH MATERIALS SHALL BE AT YOUR SOLE RISK. AVON MAKES NO REPRESENTATION OR WARRANTY REGARDING THE STATEMENTS, ACTS OR OMISSIONS OF ANY AVON REPRESENTATIVES; (B) THAT THE NATURE COLLECTION WEBSITES WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO THE NATURE COLLECTION WEBSITES WILL BE UNINTERRUPTED, ERROR FREE OR SECURE; (C) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (D) THAT THE NATURE COLLECTION WEBSITES OR THE SERVERS OR NETWORKS THROUGH WHICH THE NATURE COLLECTION WEBSITES ARE MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

While we try to maintain the integrity and security of the NATURE COLLECTION WEBSITES and the servers from which the NATURE COLLECTION WEBSITES are operated, the NATURE COLLECTION WEBSITES may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the NATURE COLLECTION WEBSITES. If you become aware of any unauthorized third party alteration to the NATURE COLLECTION WEBSITES, Contact Us with a description of the material(s) at issue and the URL or location on the applicable NATURE COLLECTION WEBSITE where such material(s) appear.

 

12.   Limitation of Liability.

 IN NO EVENT SHALL AVON , ITS PARENT COMPANY, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS OR REPRESENTATIVES (THE FOREGOING ENTITIES, COLLECTIVELY, THE "AVON ENTITIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF (A) THIS AGREEMENT, (B) THE NATURE COLLECTION WEBSITES, (C) YOUR USE OF OR INABILITY TO USE THE NATURE COLLECTION WEBSITES, OR (D) THE ACTS OR OMISSIONS OF AVON REPRESENTATIVES, IN EACH EVENT, EVEN IF AVON OR SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. AVON IS NOT RESPONSIBLE FOR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS, TRANSMISSIONS OR DATA OR FOR ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED. AVON IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY, OR ANY INFRINGEMENT BY A THIRD PARTY OF ANOTHER'S INTELLECTUAL PROPERTY, PRIVACY OR OTHER RIGHTS. IN NO EVENT SHALL AVON'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING FROM OR RELATED TO THIS AGREEMENT, THE NATURE COLLECTION WEBSITES, OR YOUR USE OF OR INABILITY TO USE THE NATURE COLLECTION WEBSITES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING OR ACCESSING THE NATURE COLLECTION WEBSITES.

 

13. Imdemnification

 

YOU WILL INDEMNIFY AND HOLD THE AVON ENTITIES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, DEMANDS, CAUSES OF ACTION AND OTHER PROCEEDINGS ARISING FROM OR RELATED TO ANY OF THE FOLLOWING (THE "CLAIMS"): (A) YOUR USE OF, INABILITY TO USE, OR ACTIVITIES IN CONNECTION WITH THE NATURE COLLECTION WEBSITES; (B) ANY VIOLATION OF THIS AGREEMENT OR ANY OTHER AVON TERMS, CONDITIONS OR POLICIES BY YOU OR THROUGH ANY ACCOUNT YOU MAY HAVE WITH ANY NATURE COLLECTION WEBSITE; (C) ANY TRANSACTION; (D) ANY ALLEGATION THAT ANY SUBMISSION OR OTHER MATERIALS THAT YOU MAKE AVAILABLE THROUGH THE NATURE COLLECTION WEBSITES INFRINGE OR OTHERWISE VIOLATE THE INTELLECTUAL PROPERTY, PRIVACY, OR OTHER RIGHTS OF ANY THIRD PARTY; OR (E) YOUR VIOLATION OF ANY RIGHTS OF ANY NATURE COLLECTION WEBSITE VISITOR, USER, OR CUSTOMER, OR ANY HER THIRD PARTY; AND YOU AGREE TO REIMBURSE THE AVON ENTITIES ON DEMAND FOR ANY DAMAGES, LOSSES, COSTS, JUDGMENTS, FEES, FINES AND OTHER EXPENSES THEY INCUR (INCLUDING ATTORNEYS' FEES AND COURT COSTS) AS A RESULT OF ANY CLAIM(S).

 

14 Termination and Enforcement.

 

This Agreement is effective until terminated by AVON. You agree that AVON, at its sole discretion, may terminate your access to or use of the NATURE COLLECTION WEBSITES, at any time and for any reason, including without limitation if AVON believes that you have violated or acted inconsistently with the letter or spirit of this Agreement (including but not limited to your failure to comply with the rules of conduct set forth in Section above). Upon any such termination, your right to use the NATURE COLLECTION WEBSITES will immediately cease. You agree that any termination of your access to or use of the NATURE COLLECTION WEBSITES may be effected without prior notice and that AVON may immediately deactivate or delete any user name and/or password used by or provided to you, and all related information and files associated therewith, and/or bar any further access to such information or files. You agree that AVON shall not be liable to you or any third party for any termination of your access to the NATURE COLLECTION WEBSITES or to any such information or files, and shall not be required to make such information or files available to you after any such termination. AVON reserves the right to takes steps that AVON believes are necessary or appropriate to enforce and/or verify compliance with this Agreement (including without limitation in connection with any legal process relating to your use of the NATURE COLLECTION WEBSITES and/or a third party claim that your use of the NATURE COLLECTION WEBSITES is unlawful or violates such third party's rights).

15.   Canada Anti-Spam Legislation (CASL).

AVON strictly prohibits the use of electronic messaging systems to send unsolicited, bulk messages (also referred to as “Spam”). All commercial electronic messages (CEMs) must be in strict compliance with the legislative requirements of CASL.

16.   Claims of Copyright Infringement.

If you are a copyright owner or an agent thereof and believe that materials available on the NATURE COLLECTION WEBSITE infringe your copyright, you may submit a written Notification to AVON with the following information:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit AVON to locate the material (in order to expedite the processing of your notice, please include a URL (link) to the webpages or data in question);
• Information reasonably sufficient to permit AVON to contact you, such as an address, telephone number and, if available, an email address;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the Notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

It is often difficult to determine if your intellectual property rights have been violated; AVON may request additional information before removing any allegedly infringing material. AVON may provide the alleged infringing party with your email address so that that person can respond to your allegations. AVON reserves the right to remove any materials available on the NATURE COLLECTION WEBSITE which may infringe the copyright of any person under the laws of Canada upon receipt of such a Notification. Notifications should be sent to Colleen Leithman, Director Legal & Corporate Secretary, Avon Company Canada Limited, 5500 TransCanada Highway, Pointe-Claire, Quebec Canada H9R 1B6; fax: 514-630-8374; email: colleen.leithman@avoncanada.com.

17.   Governing Law.

This Agreement shall be governed by the laws of the Province of Quebec and federal laws of Canada applicable therein without regard to its conflicts of laws principles. Any dispute with AVON, or its parent, officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively in the courts located in the judicial district of Montreal, Province of Quebec, Canada.

18.   Miscellaneous.

If any provision of this Agreement shall be deemed to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and AVON. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This Agreement, together with all agreements and statements referred to herein and incorporated herein by reference, is the entire agreement between you and AVON relating to the subject matter hereof and, except as otherwise provided herein, supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and AVON relating to such subject matter. Notices to you may be made by posting a notice (or a link to a notice) to any NATURE COLLECTION WEBSITE, by email, or by regular mail, at AVON’s discretion. Without limitation, you agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

19.   Notices

You may contact us by writing or calling us at the address and/or telephone number listed below: AVON COMPANY CANADA LIMITED

ATTN: CUSTOMER CARE CENTER

5500, route Transcanadienne Pointe-Claire, QC H9R 1B6

1-800-265-2866

 

This Agreement ©2021 THE AVON COMPANY CANADA LIMITED, All rights reserved.

 

Last Updated: January 4, 2021

 

The Avon Company Canada Limited’s (“Avon”) Accessible Customer Service Policy

Avon is committed to excellence in serving all of its customers of Ontario, including people with disabilities, in accordance with the Accessibility of Ontarians with Disabilities Act, 2005 (the “AODA”).

All Avon Associates and agents who deal with the public in Ontario, or other third parties that act on behalf of Avon in Ontario, are expected to understand and adhere to the following policy to ensure that goods and services by Avon are provided in accordance with the principles of dignity, independence, integration and equal opportunity.

Policy Statement

Avon will make every reasonable effort to ensure that its policies, practices and procedures are consistent with the principles of dignity, independence, integration and equal opportunity by:

• Ensuring that all clients receive the same value and quality;
• Allowing clients with disabilities to do things in their own ways, at their own pace when accessing goods and services as long as this does not present a safety risk;
• Using alternative methods when possible to ensure that clients with disabilities have access to the same services, in the same place and in a similar manner;
• Taking into account individual needs when providing goods and services; and
• Communicating in a manner that takes into account the customer’s disability.

As a whole and individually, Avon Associates and its agents shall comply with any and all legislation pertaining to meeting the requirements of the AODA’s Customer Service Standards, which are Part IV.2 of Ontario Regulation 191/11 (Integrated Accessibility Standards).

Definition

“Disability,” for the purposes of this Policy and as defined by the AODA and the Ontario Human Rights Code, refers to:

• Any degree of physical disability, infirmity, malformation or disfigurement that is caused by bodily injury, birth defect or illness and, without limiting the generality of the foregoing, includes diabetes mellitus, epilepsy, a brain injury, any degree of paralysis, amputation, lack of physical co-ordination, blindness or visual impediment, deafness or hearing impediment, muteness or speech impediment, or physical reliance on a guide dog or other animal or on a wheelchair or other remedial appliance or device;
• A condition of mental impairment or a developmental disability;
• A learning disability, or dysfunction in one or more of the processes involved in understanding or using symbols or spoken language;
• A mental disorder; or
• An injury or disability for which benefits were claimed or received under the insurance plan established under the Workplace Safety and Insurance Act, 1997.

Assistive Devices

Associates must adhere to and ensure implementation of the following practices regarding the use of assistive devices:

• Personal assistive devices are typically devices that individuals bring with them (such as a wheelchair, walker or a personal oxygen tank) that might assist in hearing, seeing, communicating, mobility, breathing, remembering and/or reading. Persons with disabilities may use their own assistive devices as required when accessing goods or services.
• In cases where the assistive device presents a safety concern or where accessibility might be an issue, other reasonable measures will be used to ensure the access of goods and services.
• Where elevators are not present and where an individual requires assistive devices for the purposes of mobility, service will be provided in a location that meets the needs of the customer.

Service animals

Avon welcomes people with disabilities and their service animals. Persons with disabilities may use their service animals as required when accessing goods or services, unless the service animal is otherwise excluded by law or where there are overriding health and safety considerations.

Support persons

Persons with disabilities may have a support person accompany them while accessing goods or services, and shall be permitted to have access to their support person at all times. Unless there are overriding health and safety concerns, persons with disabilities may choose not to be accompanied by their support person.

Disruptions in Service Guidelines

Service disruptions may occur due to reasons that may or may not be within the control or knowledge of Avon. In the event of any temporary disruptions to services that customers with disabilities rely on to access or use, reasonable efforts will be made to provide advance notice. In some circumstances, such as in the situation of unplanned temporary disruptions, advance notice may not be possible.

In the event that a notification needs to be posted, the following information will be included, unless it is not readily available or known:

• Which services are disrupted or unavailable.
• The reason for the disruption.
• The anticipated duration of the disruption.
• A description of alternative services or options.

Training and Implementation Guidelines

Avon will provide training to all of its Associates and agents who provide services to the public of Ontario on its behalf.

As reflected in the AODA’s Customer Service Standards, the training will include:

• An overview of the AODA and the requirements of the customer service standard;
• A review of Avon’s accessible customer service policy;
• How to interact and communicate with people with various types of disabilities;
• How to interact with persons with disabilities who use an assistive device or require the assistance of a guide dog or other service animal or the assistance of a support person;
• How to use equipment or devices available on the provider’s premises or otherwise provided by the provider that may help with the provision of goods, services or facilities to a person with a disability and
• What to do if a person with a disability is having difficulty in accessing Avon’s services.

In the event of legislative changes, Avon will train the above-noted individuals with respect to any related changes to its Policy, practices and/or procedures. All training records will be maintained.

Feedback Process

Avon shall provide customers of Ontario with the opportunity to offer feedback on the services provided to clients with disabilities.

Feedback forms will be available upon request. Customers who wish to provide feedback verbally may submit their feedback via telephone by contacting Avon at 514.630.5468 c/o Human Resources Department. Clients may also submit feedback via email at Avoncanada.HR@avoncanada.com.

Customers who provide formal feedback will receive acknowledgement of their feedback, along with, where applicable, a summary of any resulting actions based on concerns or complaints that were submitted.

General

This Policy is available upon request in a format that takes into account the customer’s disability.

In the event of legislative changes, this Policy and its related procedures will be reviewed as required.

Questions about this Policy and its related procedures should be directed to the Human Resources Department, by phone at 514.630.5468 or by email Avoncanada.HR@avoncanada.com.

 

Last Updated: January 4, 2021

 

Accessibility Policy and Multi-Year Accessibility Plan

This accessibility policy and plan outlines how The Avon Company Canada Limited (“Avon”) complies with Ontario Regulation 191/11 (“Integrated Accessibility Standards”) under the Accessibility for Ontarians with Disabilities Act, 2005 (“AODA”)

Introduction

The Integrated Accessibility Standards Regulations (“IASR”) under the AODA require that Avon establish, implement, maintain and document its accessibility policies and multi-year accessibility plan (the “Accessibility Plan”), which outlines Avon’s strategy for preventing and removing barriers for persons with disabilities in Ontario and to meet its requirements under the IASR. The Accessibility Plan can be found on Avon’s website and is also available in an accessible format upon request. The Accessibility Plan will be reviewed and updated, if applicable, at least once every five (5) years.

Our Commitment

In fulfilling its mission, Avon strives to treat all individuals in a manner that allows them to maintain their dignity and independence. Avon promotes integration and equal opportunity and is committed to meeting the needs of people with disabilities in a timely manner. Avon seeks to achieve this by preventing barriers to accessibility and by meeting accessibility requirements under the AODA. This Accessibility Plan sets out Avon’s policy on how it achieves accessibility generally, as well as in employment, information and communications.

Under the IASR, the following accessibility strategies set out the requirements that are applicable to Avon:

1. Workplace Emergency Response Information;
2. Training;
3. Information and Communication;
4. Employment;
5. Design of Public Spaces

Customer Service Standards

Avon is committed to providing products and services in a way that respects the dignity and independence of people with disabilities.  Avon has as an Accessible Customer Service Policy that addresses the AODA’s specific standards for accessible customer service.  A copy of this Policy may be accessed here.

Integrated Accessibility Standards Regulations (IASR)

The following sets out how Avon is committed to complying with the IASR.

1. Workplace Emergency Response Information

Where Avon is aware that an Associate has a disability and that there is a need for accommodation, individualized workplace emergency response information will be provided to the Associate as soon as practicable if such information is necessary given the nature of the Associate’s disability.

Such measures could include:

• individualized workplace emergency response information developed for Associates with disabilities, as required;
• individualized emergency plan to be communicated to the Associate’s respective manager on an ‘as needed’ basis;
• on an ongoing and regular basis, and as per the applicable terms of the IASR, Avon will review and assess individualized emergency plans to ensure accessibility issues are addressed.

2. Training

Avon is committed to providing training on the requirements of the accessibility standards referred to in the IASR and on the Ontario Human Rights Code, as it pertains to persons with disabilities.

Actions

In accordance with the IASR, Avon:

• determines and ensures that appropriate training on the requirements of the IASR and on the Ontario Human Rights Code as it pertains to persons with disabilities, is provided to Associates and agents who provide services on Avon’s behalf, and persons participating in the development and approval of Avon’s policies;
• ensures that the training is provided to persons referenced above as soon as practicable;
• keeps and maintains a record of the training provided, including the dates that the training was provided and the number of individuals to whom it was provided;
• ensures that training is provided on any changes to Avon’s policies on an ongoing basis.

3. Information and Communication

Avon is committed to making company information and communications accessible to persons with disabilities. Avon incorporates new accessibility requirements to ensure that its information and communications are accessible and are provided, upon request, in accessible formats that meet the needs of persons with disabilities.

1. Feedback, Accessible Formats and Communication Supports

Actions

In accordance with the IASR, Avon:

• ensures that processes for receiving and responding to feedback are accessible to persons with disabilities by providing or arranging for the provision of accessible formats and communication supports, upon request and in a timely manner;
• more broadly, as a general principle where accessible formats and communication supports for persons with disabilities are requested:
  • provides or arranges for the provision of such accessible formats and communication supports;
  • consults with the person making the request to determine the suitability of the accessible format or communication support; and
  • provides or arranges for the provision of accessible formats and communication supports in a timely manner that takes into account the person’s accessibility needs due to disability, and at a cost no more than the regular cost charged to other persons; and
• notifies the public about the availability of accessible formats and communication supports.

1. Accessible Websites and Web Content

Planned Action

Avon is endeavouring to achieve and maintain compliance with the applicable requirements from the World Wide Consortium Web Content Accessibility Guidelines (WCAG 2.0) within the timelines established under the IASR.

 

4. Employment
5. Recruitment

Avon is committed to fair and accessible employment recruiting practices.

Actions

In accordance with the IASR, Avon does the following:

(i)   Recruitment General

Avon notifies Associates and the public of the availability of accommodation for applicants with disabilities in the recruitment process. This includes:

• ongoing review and, as necessary, modification of existing recruitment policies, procedures and processes; and
• specifying that accommodation is available upon request for applicants with disabilities, on Avon’s website and job postings.

(ii)   Recruitment, assessment and selection

Avon notifies job applicants, when they are individually selected to participate in an assessment or selection process, and informs them that accommodations are available upon request in relation to the materials or processes to be used in the assessment/selection process. If a selected applicant requests an accommodation, a consultation with the applicant and arrangement for provision of suitable accommodations in a manner that takes into account the applicant’s accessibility needs due to the disability.

(iii)   Notice to Successful Applicants

When making offers of employment, Avon notifies the successful applicant of its policies for accommodating Associates with disabilities. This includes inclusion of notification of Avon’s policies on accommodating Associates with disabilities in offer of employment letters.

1. Informing Associates of Supports and General Provision of Accessible Formats and Communications Supports

In accordance with the IASR, Avon informs its Associates and new hires of policies that support Associates with disabilities. This includes:

• providing information as soon as practicable after the new Associate begins employment, specifically in the orientation process;
• keeping Associates up to date on changes to existing policies on job accommodations with respect to disabilities;
• where an Associate with a disability so requests it, providing or arranging for provision of suitable accessible formats and communications supports for:
  • information that is needed in order to perform the Associate’s job;
  • information that is generally available to Associates in the workplace; and
• in meeting the obligations to provide the information that is set out above, consulting with the requesting Associate in determining the suitability of an accessible format or communication support.

1. Documented Individual Accommodation Plans/Return to Work Process

Avon incorporates accessibility requirements under the IASR in its accommodation and return to work processes and policies, where applicable.

Actions

Avon reviews and assesses existing policies to ensure that they include a process for the development of documented individual accommodation plans for Associates with disabilities, if such plans are required.

In accordance with the provisions of the IASR, Avon ensures that the process for the development of documented individual accommodation plans includes the following elements:

• information regarding the manner in which the Associate requesting accommodation can participate in the development of the plan;
• the means by which the Associate is assessed on an individual basis;
• information regarding the manner in which Avon can request an evaluation by an outside medical or other expert, at its expense, to assist Avon in determining if and how accommodation can be achieved;
• the manner in which the Associate can request the participation of a representative from the workplace in the development of the accommodation plan.
• steps to protect the privacy of the Associate’s personal information;
• information regarding the frequency with which individual accommodation plans will be reviewed and updated and the manner in which this will be done;
• the reasons for a denial if an individual accommodation plan is denied;
• information regarding the means of providing the individual accommodation plan in a format that takes into account the Associate’s accessibility needs;

The following will be included if individual accommodation plans are established:

• any individualized workplace emergency response information that is required;
• any information regarding accessible formats and communication supports that have been provided for or arranged, in order to provide the Associate with:
  • information that is needed in order to perform the Associate’s job;
  • information that is generally available to Associates in the workplace; and
• identification of any other accommodation that is to be provided to the Associate.

Avon’s return to work process as set out in its policies outlines:

• the steps it will take to facilitate the Associate’s return to work after a disability-related absence;
• the development of a written individualized return to work plan for such Associates; and
• the use of individual accommodation plans, as discussed above, in the return to work process.

1. Performance Management, Career Development and Redeployment

Avon takes into account the accessibility needs of Associates with disabilities, as well as individual accommodation plans:

• when using its performance management process in respect of Associates with disabilities;
• when providing career development and advancement to Associates with disabilities; and
• when redeploying Associates with disabilities.

Actions

In accordance with the IASR, Avon:

• reviews, assesses and, as necessary, modifies existing policies, procedures and practices to ensure ongoing compliance with the IASR;
• takes the accessibility needs of Associates with disabilities and, as applicable, their individualized accommodation plans, into account when:
  • assessing performance;
  • managing career development and advancement; and
  • redeployment is required.
• reviews, assesses and, as necessary, includes in performance management workshops, accessibility criteria;
• takes into account the accessibility needs of Associates with disabilities when providing career development and advancement to its Associates with disabilities, including notification of the ability to provide accommodations on internal job postings; and
• takes into account the accessibility needs of Associates with disabilities when redeploying Associates, including review and, as necessary, modification of Associate transfer checklist.

5. Design of Public Spaces

Avon will meet the Design of Public Spaces Standards when building or making major modifications to public spaces. Due to the nature of our business, public spaces will typically include only service-related elements such as service counters.

Avon will try to prevent service disruptions to the accessible parts of its public spaces, and will periodically inspect the accessible portions of its public spaces. When any deficiencies are noted that might impact on accessibility, Avon will take steps to correct the deficiency within a reasonable time frame.

In the event of a service disruption, Avon will notify the public of the service disruption and alternatives available.

 

Information and Feedback

For more information on this Accessibility Plan or for accessible formats of the Accessibility Plan, please contact: Avon’s Human Resources Department, by email at Avoncanada.HR@avoncanada.com or by phone at 514.630.5468.