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Terms & Conditions
Welcome to the Clarins UK website at www.clarins.co.uk (the "Site"). Clarins (U.K.) Limited (“we”, “us or “our”) provides the services available on the Site and supplies the products (“Products”) for sale on the Site to you subject to the following terms and conditions (the "Terms and Conditions"). Please read these Terms & Conditions carefully before ordering any Products from our Site. You should understand that by ordering any of our Products, you agree to be bound by these Terms and Conditions. You should print a copy of these Terms and Conditions for future reference. Please understand that if you refuse to accept these Terms and Conditions, you will not be able to order any Products from our Site.
1. Privacy
Please review our Privacy Policy so that you may understand our privacy practices. The Privacy Policy forms a part of these Terms and Conditions and also governs your visit to this Site.
2. Product Descriptions and Prices
2.1 We will take all reasonable care to ensure descriptions, details and prices of Products appearing on the Site are accurate at the time they are entered onto the system. Our Site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our Site may be incorrectly priced. If a Product’s correct price is higher than the price stated on our Site, we reserve the right to cancel your order prior to sending you Dispatch Confirmation (as defined below) or to supply it at the previously indicated price.
2.2 We are under no obligation to provide Products to you at incorrectly stated (lower) prices, even after we have sent you a Dispatch Confirmation (as defined below) if the pricing error could be identified as a mis-pricing by a person acting reasonably.
2.3 Product prices are in pounds sterling and are stated inclusive of VAT (where applicable) and exclusive of delivery charges which will be indicated before order completion.
2.4 While we aim to keep the Site as up to date as possible we do not warrant that product descriptions or other content available on the Site is accurate, complete, reliable, current, or error-free.
3. Restrictions on Orders
3.1 Products advertised for sale on the Site may be ordered only if the invoice and delivery addresses are in the United Kingdom and if payment is made by using your own credit or debit card. Orders from and deliveries to Channel Islands and P.O. Box addresses will not be accepted.
3.2 Purchases of identical Products by one customer are limited to 3 items within any 30 day period. We may limit your total order value to £400 inclusive of VAT but exclusive of delivery charges.
4. Contract Creation
4.1 To make an order please follow the series of simple instructions specified on the Site. After placing an order we will send you an email to acknowledge our receipt of your order. Please note this does not mean that your order has been accepted by us. Your order constitutes an offer to us to purchase Products. Our acceptance of your order and the completion of the contract between you and us (the “Contract”) will take place when we dispatch the Products ordered to you.
4.2 We may at our entire discretion (without any liability to you) choose not to accept all or part of your order. The Contract will relate only to those Products which we have dispatched.
5. Contract Cancellation, Incomplete Deliveries and Damaged and Faulty Goods
5.1 Orders will normally be processed immediately. Should you wish to cancel your order prior to dispatch, please contact our Customer Services by email at ecommerce@clarins.co.uk as soon as possible, stating your customer number and order details (including order number) in all communications.
5.2 You may cancel a Contract after Products have been dispatched within 7 working days, beginning on the day after you receive the Products.
5.2.1 you must inform us in writing. Please email our Customer Services at ecommerce@clarins.co.uk, stating your order details and dispatch note details in all communications. Customer Services will send you an email stating our returns authorisation code which you should keep for future reference. Details of our returns process will be enclosed within the order packaging, including the return address.
5.2.2 you must return the Products(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. You should return the Product(s) together with the original dispatch note and the returns authorisation code, to arrive at our warehouse within 14 working days after the date you originally receive it.
5.3 In the unlikely event that you discover a Product is defective more than 7 working days after the date on which you received it, please email our Customer Services department at ecommerce@clarins.co.uk for a returns authorisation code and for details of our returns process, stating your order details in all communications.
5.4 If your order arrives and the Products are not those you ordered, or the order is incomplete, or the Products are in a damaged condition when you received them, please notify our Customer Services by email at ecommerce@clarins.co.uk of the facts immediately, stating your dispatch note details in all communications. In the case of damaged goods please retain all packaging and damaged Products for inspection by the carrier.
5.5 Subject to these Terms and Conditions we will within a reasonable time refund the price you paid for the returned Products together with the initial delivery charge. Where only part of an order is returned to us, we may reduce the amount of the delivery charge we refund you to account for the delivery costs of those items sent to you and not returned.
5.6 You will be responsible for the cost of returning any items to us. However, Products returned by you which are defective will be refunded in full, including a refund of the delivery charges for sending the item to you and the reasonable cost incurred by you in returning the item to us.
5.7 We will only make a refund to the original credit or debit card account used to make the online purchase.
5.8 No refunds will be made where we reasonably assess that a Product has in fact been used, unless the Product is defective.
5.9 Returns of goods purchased from other outlets are not covered by these Terms and Conditions and will not be accepted. These provisions do not affect your statutory rights.
6. Samples
Samples are subject to availability and will only be sent to addresses in the United Kingdom. Any samples we provide for you to test are for your personal use only.
7. Promotional Offers
All promotional offers available from time to time on the Site are limited to the United Kingdom and are subject both to stock availability and the offer time period stated.
8. Gifts and Messages
8.1 When you request a Product to be sent as a gift to a third party you give your permission that your name and address may be provided to such third party.
8.2 From time to time we may offer you the opportunity to include a message card with a delivery or to have a message engraved on a Product. You are entirely responsible for ensuring that your message does not infringe the rights of any third party. You agree that your message will be from you and will not contain anything offensive, abusive, harassing, obscene, blasphemous, racist, defamatory, scandalous, vulgar, indecent, threatening, unlawful or otherwise improper. We do not undertake to review messages but we reserve the right to do so and to refuse to print, engrave or send any message at our sole discretion.
9. Intellectual Property
9.1 All content and technology available on or underlying the Site, including, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations, and software (the "Content"), and the intellectual property rights in and to such Content, is owned by or licensed to us, and is protected by copyright laws and treaties around the world. All such rights are reserved
9.2 The trademarks, logos, and service marks displayed on the Site (collectively the "Trademarks") are registered and unregistered marks owned by us or our licensors. Except as set forth in the limited licence in Clause 10 below, neither the Site, the Trademarks, nor any portion of the Site may be reproduced, duplicated, copied, sold or otherwise exploited for any purpose without our prior written consent.
10. Limited License
10.1 We grant you a limited, revocable and non-exclusive license to access and make personal use of this Site. You may not frame or utilise framing techniques to enclose the Site or any portion thereof without our prior written consent. The limited license set forth in this Clause 10 does not include the right to:
10.1.1 modify or download the Site or its Content (except caching);
10.1.2 make any use of the Site or its Content other than personal use;
10.1.3 create any derivative work based upon either the Site or its Content;
10.1.4 use any meta tags or any other “hidden text” utilising our name or the Trademarks without our express written consent; or
10.1.5 use web robots, spiders, crawlers or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
10.2 Any unauthorised use by you of this Site terminates the limited license set forth in this Clause 10.
11. Your Account
11.1 You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you accept responsibility for all activities that occur under your account or password.
11.2 If you are accessing and using this Site on someone else's behalf, you represent that you have the authority to bind that person as a principal to all terms and conditions provided herein, and you agree to accept liability for any harm caused by that person's wrongful use of this Site.
11.3 We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel your account or any orders placed from your account for any reason, at our sole discretion.
12. Linking To and From Our Site
12.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. We reserve the right to withdraw linking permission without notice.
12.2 We are not responsible for the content of any off-Site pages or any other sites linked to this Site. Links appearing on this Site are not an endorsement by us of the referenced content, product, service, or supplier. You acknowledge and agree that your linking to or from any other off-Site pages or other sites is at your own risk. We are not in any way responsible for examining or evaluating the offerings of off-Site pages or any other sites linked to this Site, and we provide no warranties in relation thereto nor assume any responsibility or liability for the actions, products, or content of such pages and sites, including, but not limited to, their privacy statements and conditions of use. You should carefully review the conditions of use of all off-Site pages and sites that you choose to visit. We shall not be responsible or liable for any loss or damages of any sort caused or alleged to be caused or incurred as a result of dealings with, or the presence of, off-Site links on this Site, nor are we responsible or liable for any computer viruses, system failure or malfunction which may occur during hyperlink to third party sites.
13. Your Status
13.1 By placing an order through our Site, you warrant that:
13.1.1 you are legally capable of entering into binding contracts; and
13.1.2 you are at least 18 years old.
13.2 Persons under 18 years of age may browse this Site but must not seek to register for Clarins & Me or any Site service, nor place an order, make a purchase or provide any personal information to us.
14. Stock Availability and Back Orders
14.1 Stock quantity information for Products (where available) can be used to estimate the likelihood that a Product will be shipped immediately after you place your order. Unfortunately, we cannot guarantee that a Product listed as “in stock” will actually ship right away, as inventory can change significantly from day to day. In rare cases, a Product may be in stock when you place your order, and sold out by the time your order is processed. Should this happen, we will endeavour to notify you via email. On occasion, items will not be in stock despite availability in stores. We will make reasonable efforts to get the item(s) back in stock as soon as possible. If you place an order and we are unable to ship item(s) to you, we will cancel the item(s) from your order, notify you promptly via email, and update the Site accordingly. We will not charge your credit or debit card until the item is dispatched. Please note that customers cannot currently order Products listed as being out of stock.
14.2 Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
15. Title
Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
16. Payment
We reserve the right to decide which methods of payment (including types of credit and debit cards) we choose to accept from time to time. You confirm that any credit or debit card used to pay for your order belongs to you. Users of credit and debit cards are subject to validation checks by the card issuer. We accept no liability for any delay or non-delivery resulting from a card issuer refusing to authorise a payment or from our failure to accept a payment.
17. Our Liability
17.1 The material displayed on our Site is provided without any guarantees, conditions or warranties as to its accuracy.
17.2 We warrant to you that any Product purchased from us through our Site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
17.3 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased.
17.4 Nothing contained in these Terms and Conditions exclude or limit in any way our liability:
17.4.1 for death or personal injury caused by our negligence;
17.4.2 under section 2(3) of the Consumer Protection Act 1987;
17.4.3 for fraud or fraudulent misrepresentation; or
17.4.4 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
17.5 To the extent permitted by law we hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or equity.
17.6 We are not responsible for indirect losses which happen as a side effect of the main loss or damage (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management time or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
18. Indemnification
You agree to indemnify us against any loss, damages or costs incurred or payable by us including reasonable legal fees, resulting from any third party claim, action, or demand resulting from your use of the Site in breach of these Terms and Conditions.
19. Disputes
Your use of the Site and any Contracts and agreements formed between you and us shall be governed and interpreted according to English Law and any disputes or proceedings shall be subject to the exclusive jurisdiction of the courts of England.
20. Written Communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our Site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
21. Notices
All notices given by you to us must be given to Clarins (U.K.) Limited at ecommerce@clarins.co.uk. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in Clause 20 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or 3 days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
22. Viruses, Hacking and Other Offences
22.1 You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
22.2 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.
23. Events Outside Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”). A Force Majeure Event includes any circumstances not foreseeable at the date of the Contract and not within our reasonable control including, without limitation, strikes, lockouts, shortages of labour or raw materials, civil commotion, riot, invasion, war, threat of or preparation for war, terrorist attack, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural physical disaster. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
24. Reliance on Information Posted
Commentary and other materials posted on our Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Site, or by anyone who may be informed of any of its contents.
25. General.
25.1 You acknowledge and agree that these Terms and Conditions together with our Privacy Policy constitute the entire agreement between you and us in relation to the subject matter of any Contract and your use of the Site, and supersede any prior proposals, agreements, or understandings between you and us, whether oral or in writing.
25.2 We have the right to revise and amend these Terms and Conditions from time to time. You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within 7 working days of receipt by you of the Products).
25.3 We and you both acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations prior to such Contract except as expressly stated in these Terms and Conditions.
25.4 Neither party shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these Terms and Conditions.
25.5 Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between you and us.
25.6 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
25.7 A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
25.8 Each provision of these Terms and Conditions shall be construed as separately applying and in the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render any remaining term or conditions unenforceable or invalid. If any invalid, unenforceable or illegal provision would be valid, enforceable and legal if some part of it were deleted or amended, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
25.9 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
26. Contact
The operator of this Site and supplier of the Products is Clarins (U.K.) Limited, a company registered in England and Wales under company number 01580079 NW1 4QG. Our main trading address and address for communications relating to this Site and these Terms and Conditions is 10 Cavendish Place, London, W1G 9DN. Our VAT number is GB 345 7737 26.
27. Updates
These terms and conditions were introduced on 9th August 2007.
Please review our Privacy Policy so that you may understand our privacy practices. The Privacy Policy forms a part of these Terms and Conditions and also governs your visit to this Site.
2. Product Descriptions and Prices
2.1 We will take all reasonable care to ensure descriptions, details and prices of Products appearing on the Site are accurate at the time they are entered onto the system. Our Site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our Site may be incorrectly priced. If a Product’s correct price is higher than the price stated on our Site, we reserve the right to cancel your order prior to sending you Dispatch Confirmation (as defined below) or to supply it at the previously indicated price.
2.2 We are under no obligation to provide Products to you at incorrectly stated (lower) prices, even after we have sent you a Dispatch Confirmation (as defined below) if the pricing error could be identified as a mis-pricing by a person acting reasonably.
2.3 Product prices are in pounds sterling and are stated inclusive of VAT (where applicable) and exclusive of delivery charges which will be indicated before order completion.
2.4 While we aim to keep the Site as up to date as possible we do not warrant that product descriptions or other content available on the Site is accurate, complete, reliable, current, or error-free.
3. Restrictions on Orders
3.1 Products advertised for sale on the Site may be ordered only if the invoice and delivery addresses are in the United Kingdom and if payment is made by using your own credit or debit card. Orders from and deliveries to Channel Islands and P.O. Box addresses will not be accepted.
3.2 Purchases of identical Products by one customer are limited to 3 items within any 30 day period. We may limit your total order value to £400 inclusive of VAT but exclusive of delivery charges.
4. Contract Creation
4.1 To make an order please follow the series of simple instructions specified on the Site. After placing an order we will send you an email to acknowledge our receipt of your order. Please note this does not mean that your order has been accepted by us. Your order constitutes an offer to us to purchase Products. Our acceptance of your order and the completion of the contract between you and us (the “Contract”) will take place when we dispatch the Products ordered to you.
4.2 We may at our entire discretion (without any liability to you) choose not to accept all or part of your order. The Contract will relate only to those Products which we have dispatched.
5. Contract Cancellation, Incomplete Deliveries and Damaged and Faulty Goods
5.1 Orders will normally be processed immediately. Should you wish to cancel your order prior to dispatch, please contact our Customer Services by email at ecommerce@clarins.co.uk as soon as possible, stating your customer number and order details (including order number) in all communications.
5.2 You may cancel a Contract after Products have been dispatched within 7 working days, beginning on the day after you receive the Products.
5.2.1 you must inform us in writing. Please email our Customer Services at ecommerce@clarins.co.uk, stating your order details and dispatch note details in all communications. Customer Services will send you an email stating our returns authorisation code which you should keep for future reference. Details of our returns process will be enclosed within the order packaging, including the return address.
5.2.2 you must return the Products(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. You should return the Product(s) together with the original dispatch note and the returns authorisation code, to arrive at our warehouse within 14 working days after the date you originally receive it.
5.3 In the unlikely event that you discover a Product is defective more than 7 working days after the date on which you received it, please email our Customer Services department at ecommerce@clarins.co.uk for a returns authorisation code and for details of our returns process, stating your order details in all communications.
5.4 If your order arrives and the Products are not those you ordered, or the order is incomplete, or the Products are in a damaged condition when you received them, please notify our Customer Services by email at ecommerce@clarins.co.uk of the facts immediately, stating your dispatch note details in all communications. In the case of damaged goods please retain all packaging and damaged Products for inspection by the carrier.
5.5 Subject to these Terms and Conditions we will within a reasonable time refund the price you paid for the returned Products together with the initial delivery charge. Where only part of an order is returned to us, we may reduce the amount of the delivery charge we refund you to account for the delivery costs of those items sent to you and not returned.
5.6 You will be responsible for the cost of returning any items to us. However, Products returned by you which are defective will be refunded in full, including a refund of the delivery charges for sending the item to you and the reasonable cost incurred by you in returning the item to us.
5.7 We will only make a refund to the original credit or debit card account used to make the online purchase.
5.8 No refunds will be made where we reasonably assess that a Product has in fact been used, unless the Product is defective.
5.9 Returns of goods purchased from other outlets are not covered by these Terms and Conditions and will not be accepted. These provisions do not affect your statutory rights.
6. Samples
Samples are subject to availability and will only be sent to addresses in the United Kingdom. Any samples we provide for you to test are for your personal use only.
7. Promotional Offers
All promotional offers available from time to time on the Site are limited to the United Kingdom and are subject both to stock availability and the offer time period stated.
8. Gifts and Messages
8.1 When you request a Product to be sent as a gift to a third party you give your permission that your name and address may be provided to such third party.
8.2 From time to time we may offer you the opportunity to include a message card with a delivery or to have a message engraved on a Product. You are entirely responsible for ensuring that your message does not infringe the rights of any third party. You agree that your message will be from you and will not contain anything offensive, abusive, harassing, obscene, blasphemous, racist, defamatory, scandalous, vulgar, indecent, threatening, unlawful or otherwise improper. We do not undertake to review messages but we reserve the right to do so and to refuse to print, engrave or send any message at our sole discretion.
9. Intellectual Property
9.1 All content and technology available on or underlying the Site, including, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations, and software (the "Content"), and the intellectual property rights in and to such Content, is owned by or licensed to us, and is protected by copyright laws and treaties around the world. All such rights are reserved
9.2 The trademarks, logos, and service marks displayed on the Site (collectively the "Trademarks") are registered and unregistered marks owned by us or our licensors. Except as set forth in the limited licence in Clause 10 below, neither the Site, the Trademarks, nor any portion of the Site may be reproduced, duplicated, copied, sold or otherwise exploited for any purpose without our prior written consent.
10. Limited License
10.1 We grant you a limited, revocable and non-exclusive license to access and make personal use of this Site. You may not frame or utilise framing techniques to enclose the Site or any portion thereof without our prior written consent. The limited license set forth in this Clause 10 does not include the right to:
10.1.1 modify or download the Site or its Content (except caching);
10.1.2 make any use of the Site or its Content other than personal use;
10.1.3 create any derivative work based upon either the Site or its Content;
10.1.4 use any meta tags or any other “hidden text” utilising our name or the Trademarks without our express written consent; or
10.1.5 use web robots, spiders, crawlers or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
10.2 Any unauthorised use by you of this Site terminates the limited license set forth in this Clause 10.
11. Your Account
11.1 You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you accept responsibility for all activities that occur under your account or password.
11.2 If you are accessing and using this Site on someone else's behalf, you represent that you have the authority to bind that person as a principal to all terms and conditions provided herein, and you agree to accept liability for any harm caused by that person's wrongful use of this Site.
11.3 We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel your account or any orders placed from your account for any reason, at our sole discretion.
12. Linking To and From Our Site
12.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. We reserve the right to withdraw linking permission without notice.
12.2 We are not responsible for the content of any off-Site pages or any other sites linked to this Site. Links appearing on this Site are not an endorsement by us of the referenced content, product, service, or supplier. You acknowledge and agree that your linking to or from any other off-Site pages or other sites is at your own risk. We are not in any way responsible for examining or evaluating the offerings of off-Site pages or any other sites linked to this Site, and we provide no warranties in relation thereto nor assume any responsibility or liability for the actions, products, or content of such pages and sites, including, but not limited to, their privacy statements and conditions of use. You should carefully review the conditions of use of all off-Site pages and sites that you choose to visit. We shall not be responsible or liable for any loss or damages of any sort caused or alleged to be caused or incurred as a result of dealings with, or the presence of, off-Site links on this Site, nor are we responsible or liable for any computer viruses, system failure or malfunction which may occur during hyperlink to third party sites.
13. Your Status
13.1 By placing an order through our Site, you warrant that:
13.1.1 you are legally capable of entering into binding contracts; and
13.1.2 you are at least 18 years old.
13.2 Persons under 18 years of age may browse this Site but must not seek to register for Clarins & Me or any Site service, nor place an order, make a purchase or provide any personal information to us.
14. Stock Availability and Back Orders
14.1 Stock quantity information for Products (where available) can be used to estimate the likelihood that a Product will be shipped immediately after you place your order. Unfortunately, we cannot guarantee that a Product listed as “in stock” will actually ship right away, as inventory can change significantly from day to day. In rare cases, a Product may be in stock when you place your order, and sold out by the time your order is processed. Should this happen, we will endeavour to notify you via email. On occasion, items will not be in stock despite availability in stores. We will make reasonable efforts to get the item(s) back in stock as soon as possible. If you place an order and we are unable to ship item(s) to you, we will cancel the item(s) from your order, notify you promptly via email, and update the Site accordingly. We will not charge your credit or debit card until the item is dispatched. Please note that customers cannot currently order Products listed as being out of stock.
14.2 Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
15. Title
Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
16. Payment
We reserve the right to decide which methods of payment (including types of credit and debit cards) we choose to accept from time to time. You confirm that any credit or debit card used to pay for your order belongs to you. Users of credit and debit cards are subject to validation checks by the card issuer. We accept no liability for any delay or non-delivery resulting from a card issuer refusing to authorise a payment or from our failure to accept a payment.
17. Our Liability
17.1 The material displayed on our Site is provided without any guarantees, conditions or warranties as to its accuracy.
17.2 We warrant to you that any Product purchased from us through our Site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
17.3 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased.
17.4 Nothing contained in these Terms and Conditions exclude or limit in any way our liability:
17.4.1 for death or personal injury caused by our negligence;
17.4.2 under section 2(3) of the Consumer Protection Act 1987;
17.4.3 for fraud or fraudulent misrepresentation; or
17.4.4 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
17.5 To the extent permitted by law we hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or equity.
17.6 We are not responsible for indirect losses which happen as a side effect of the main loss or damage (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management time or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
18. Indemnification
You agree to indemnify us against any loss, damages or costs incurred or payable by us including reasonable legal fees, resulting from any third party claim, action, or demand resulting from your use of the Site in breach of these Terms and Conditions.
19. Disputes
Your use of the Site and any Contracts and agreements formed between you and us shall be governed and interpreted according to English Law and any disputes or proceedings shall be subject to the exclusive jurisdiction of the courts of England.
20. Written Communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our Site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
21. Notices
All notices given by you to us must be given to Clarins (U.K.) Limited at ecommerce@clarins.co.uk. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in Clause 20 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or 3 days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
22. Viruses, Hacking and Other Offences
22.1 You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
22.2 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.
23. Events Outside Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”). A Force Majeure Event includes any circumstances not foreseeable at the date of the Contract and not within our reasonable control including, without limitation, strikes, lockouts, shortages of labour or raw materials, civil commotion, riot, invasion, war, threat of or preparation for war, terrorist attack, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural physical disaster. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
24. Reliance on Information Posted
Commentary and other materials posted on our Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Site, or by anyone who may be informed of any of its contents.
25. General.
25.1 You acknowledge and agree that these Terms and Conditions together with our Privacy Policy constitute the entire agreement between you and us in relation to the subject matter of any Contract and your use of the Site, and supersede any prior proposals, agreements, or understandings between you and us, whether oral or in writing.
25.2 We have the right to revise and amend these Terms and Conditions from time to time. You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within 7 working days of receipt by you of the Products).
25.3 We and you both acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations prior to such Contract except as expressly stated in these Terms and Conditions.
25.4 Neither party shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these Terms and Conditions.
25.5 Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between you and us.
25.6 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
25.7 A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
25.8 Each provision of these Terms and Conditions shall be construed as separately applying and in the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render any remaining term or conditions unenforceable or invalid. If any invalid, unenforceable or illegal provision would be valid, enforceable and legal if some part of it were deleted or amended, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
25.9 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
26. Contact
The operator of this Site and supplier of the Products is Clarins (U.K.) Limited, a company registered in England and Wales under company number 01580079 NW1 4QG. Our main trading address and address for communications relating to this Site and these Terms and Conditions is 10 Cavendish Place, London, W1G 9DN. Our VAT number is GB 345 7737 26.
27. Updates
These terms and conditions were introduced on 9th August 2007.
