Kérastase UK E-COMMERCE TERMS AND CONDITIONS OF SALE

Kérastase UK E-COMMERCE TERMS AND CONDITIONS OF SALE

Last Updated: December 2019 

1. THESE TERMS OF SALE

1.1    These terms, together with our Privacy Policy https://www.kerastase.co.uk/static-pages/privacy.html and our Website Terms and Conditions and https://www.kerastase.co.uk/static-pages/terms-conditions.html sets out the legally binding terms and conditions (the “Terms of Sale”) on which we sell the products displayed for sale on our Kérastase website (the “Website”).
1.2    Please read these Terms of Sale carefully and make sure that you understand them before you create an account or submit an order before you purchase any product on the Website. 
1.3    These Terms of Sale tell you who we are, how we will provide the products, how you may cancel the contract between us or return products, how we may change or end the contract, what to do if there is a problem, and other important information. 
1.4    In these Terms of Sale the terms “L'Oréal”, “we”, “us” or “our” refer to L'Oréal (UK) Limited, acting through its trading division Kérastase and “you” refers to you, the user of the Website. 

The contract between us and you

1.5   By accepting these Terms of Sale, you also accept and agree to be bound by any other policies and rules which govern your use of our services (which are incorporated by reference), as may be updated from time to time, including our:
(a)    Website Terms and Conditions of Use
1.6    These Terms also refer to the following additional documents, which also apply to your use of the Website:
(a)    Privacy Policy
(b)    Cookies Policy
1.7    Each product on the Website is sold subject to its product description. The product description may set out specific conditions related to that product including, without limitation, terms and conditions concerning estimated delivery dates and times, warranties, after-sales service and guarantees.
1.8    On accepting these Terms of Sale and the policies and rules incorporated by reference, you are concluding and confirming a legally binding contract with us. Your acceptance is indicated by your clicking on the ‘check box’ and on the ‘I Accept’ button’ as provided on the registration page.
1.9    If you are not willing to be bound by these Terms of Sale and the other applicable rules and policies incorporated by reference, please do not click on the "check box" and/or on the "continue" button and do not use the Website to purchase products.
1.10  We recommend that you download or save a copy of these Terms of Sale for future reference.

2.  INFORMATION ABOUT US 
2.1    The products available on the Website are offered for sale by L'Oréal (UK) Limited, acting through its trading division Kérastase, a company incorporated in England and Wales with registered number 271555. L’Oréal’s registered office and main trading address is located at 255 Hammersmith Road, London, W6 8AZ, United Kingdom. Our VAT number is GB 438506540.
Contact Us
2.2    You can contact us by:
Telephoning Customer Services team on 0800 085 4958 Monday to Friday - 9am-5pm. Emailing via our customer care form here https://www.kerastase.co.uk/contact-us 
Or writing to us at:
Kérastase Customer Care
255 Hammersmith Road 
London
W6 8AZ

2.3    If you are emailing us or writing to us in relation to a specific order, please include details of your order to help us to identify it, including your order reference number (starting KER…). If we need to contact you or give you notice in writing, we will do so by email or pre-paid post to the address you provide to us when you placed your order. 

3. OUR PRODUCTS
Eligibility to purchase products from this Website
3.1    We only deliver to addresses within the United Kingdom excluding the Channel Islands and Isle of Man. Please note that we do not deliver to P.O. box delivery addresses.  If you are accessing this Website from outside the United Kingdom, you should visit your local website instead. Orders that are placed for delivery to addresses in other locations will be automatically rejected during the order process.
3.2    This Website is directed at users located in the United Kingdom [excluding the Channel Islands and Isle of Man]. We do not represent that products available on this Website are appropriate for use or available in other locations. 
3.3    The products available for sale on this Website, and any samples we may provide to you, are for personal use only. You should not purchase products for commercial or professional purposes. 
3.4    Orders of products are limited to no more than 6 products of any item, with a maximum purchase of £500 per customer.  
3.5    We take all reasonable care to ensure that all details, product descriptions and prices of products are accurate. Although we aim to keep the Website as up to date as possible, the information appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. 
3.6    Images of products on our Website are for illustrative purposes only. While we make every effort to ensure that colours and images are displayed accurately, we cannot guarantee that your device displays the colour and shades of our products accurately. The products that you order and the packaging of those products may vary from the images on the Website.
3.7    By placing an order through this Website you warrant that you are at least eighteen (18) years old and that you are capable of entering into legally binding contracts.

4. PURCHASING PRODUCTS 
4.1    You can place an order to purchase products by following the on screen prompts after clicking on the item you wish to purchase. You will have an opportunity to check and amend your order up until the point at which you place your order by clicking the “Order and Pay’ button.
4.2    We will notify you by email as soon as possible to acknowledge receipt of your order and to provide you with an order number. Order acknowledgement or confirmation emails confirm only that we have received your order and not that we have accepted it. Once we have acknowledged receipt of your order, we will check that we have your product(s) in stock.
4.3    The contract between us will be concluded when we email you to confirm that the product(s) have been dispatched. The contract for your order will be concluded in the United Kingdom, and the language of the contract will be English. 
4.4    If we are unable to supply you with a product or your order cannot be accepted we will inform you of this as soon as possible. 
4.5    In some cases we may not be able to accept an order. For example, this might be because a product is out of stock, because we have identified an error in the price or description, we have been unable to obtain authorisation for your payment, or you do not meet the eligibility to order criteria. We reserve the right to cancel or suspend any transaction we suspect is fraudulent or has been made for commercial or professional purposes. 
4.6    We will, where possible give you the option to order a different product of the same type or alternatively, to cancel your order. Should you opt to cancel your order no charge will be made to your credit card and, in the event that we have already taken payment, a full refund will be made to your original payment method. Please note that it can take up to seven working days for funds to be transferred to your bank account. 
4.7    We may include samples in your order at our discretion. Unless such samples are advertised on the Website as being linked to a purchase (in which case specific terms and conditions will govern the dissemination of those samples), such discretionary samples are subject to availability and available at our discretion. You may not sell or resell any of the samples you receive from us. 
4.8    Where advertised as available, gift packaging and gift messages options are subject to the terms and conditions that govern those services. You agree not to send personal gift card messages with content that is threatening, embarrassing, abusive, harassing, obscene, hateful or otherwise inappropriate.

5. CANCELLING OR RETURNING ORDERS
Cancelling an order if you have changed your mind
5.1    You may change your mind about and cancel any order purchased from us online at any time from the date on which we email you to confirm that the order has been dispatched until fourteen (14) calendar days after you receive the product. For example: if we provide you with a dispatch confirmation email on 1 January and you receive the product on 10 January, you may cancel at any time between 1 January and the end of the day on 24 January.
5.2    This does not apply to products which:
(a)    are not suitable for return due to health protection or hygiene reasons.
(b)    become unsealed after delivery (e.g. for perfume, if the sealed packaging has been opened).
(c)    have been clearly personalised (such as by being engraved).
(d)    by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly. This doesn't affect your statutory rights if goods are faulty or not as described.
5.3    To cancel, you need to let us know that you have changed your mind:
(a)    The easiest way is to complete the Cancellation Form on our Website. https://www.kerastase.co.uk/contact-us  If you use this method we will email you to confirm we have received your cancellation.
(b)    You can also email us using our contact us form https://www.kerastase.co.uk/contact-us or contact our Customer Services team by telephone on 0800 085 4958 Monday to Friday - 9am-5pm
or by post to: 
Internet Returns
Kérastase L'Oréal (UK) ltd
Unit 3,Roach bank road,Bury, BL9 8RY

If you are emailing us or writing to us please include details of your order to help us to identify it, including the order reference number (starting KER…). 
If you send us your cancellation notice by email or post, then your cancellation notice is effective from the date you send us the email or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last date of the cancellation period or email us before midnight on that day.
5.4    If you have received your product before you changed your mind you must return it to us unopened and unsealed without undue delay (and in the meanwhile retain possession of the product and take reasonable care of them) and in any event not later than 14 days after the day on which you let us know that you wish to cancel. 
You must send the product back to us accompanied with the returns note, to the below address:

Internet Returns
Kérastase L'Oréal (UK) ltd
Unit 3,Roach bank road,Bury, BL9 8RY


5.5    If you fail to return any product the direct cost of recovery of that product by us shall be borne by you. You shall assume all reasonable risks linked to the return of product(s).
5.6    You will be responsible for the cost of returning the product to us. 

Receiving a refund for your orders when you change your mind
5.7    Where the full order is returned undamaged and unused, we will refund any delivery costs you have paid to receive the product from us (except for the supplementary costs arising if you choose a type of delivery other than our standard and least expensive method of delivery).
5.8    We will make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
(a)    if you have received your product and we have not offered to collect it from you: 14 days after the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. 
(b)    if you have not received the product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.
Returning a product because it has a fault or is not as described
5.9    As a consumer, you have legal rights in relation to products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause or anything else in the Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
5.10    If you have returned the product to us because they are faulty or not as described, we will examine the product as quickly as possible. If the non-compliant nature of the product is confirmed by us, we will refund the price of the product in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us (upon production of an applicable receipt).
5.11    We will refund you using the same means of payment you used for the initial transaction, unless expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the products back or you have supplied evidence of having sent back the products, whichever is earliest.
 

6. PRICES AND PAYMENT
6.1    The prices of the products are given in pounds sterling and are inclusive of VAT. We use our best efforts to ensure that the prices of the products are correct at the time of completing an order. 
6.2    The final price payable by you for the product will be the price indicated on the page that is shown to you immediately before you place your order on the Website and in your order dispatch confirmation email. 
6.3    We accept payment with MasterCard, VISA, and Maestro debit cards.  All payments must be made at the time when the order is placed. Your credit or debit card will be charged when your order is ready for dispatch. 
6.4    We use third party payment providers to receive payments. We are not responsible for delays or errors in transaction, execution or cancellation of orders due to payment issues.  
 

7. DELIVERY
7.1    Orders are prepared by our logistics centre, then dispatched by the carrier nominated by us. The estimated delivery or collection date will be included in the dispatch confirmation sent to you. The estimated delivery times set out below are from the date on which you on which you place your order. Please note that the delivery/ collection time-frames are an estimate only.
Estimated Delivery Time: 3 - 5 working days (after order date)
Shipping Exclusions: Unfortunately we can not ship orders to Northern Ireland, the Scottish Highlands, the Scottish Isles, Channel Islands, Isle of Man, Republic of Ireland nor the rest of the world. Orders for which A P.O Box delivery address has been chosen cannot be processed and deliveries will not be made to these addresses.

7.2    Delivery problems:
(a)    We will not be liable or responsible if your delivery is affected by an event outside our control including in the event of overly long delivery time caused by the transportation services, and in the event of the loss of the products ordered. If a delivery is late, you must inform the Kérastase Customer Services team as soon as possible, by e-mail via our contact us form https://www.kerastase.co.uk/contact-us. We shall then contact its chosen carrier in order to initiate an enquiry. Enquiries may take some time.
(b)    Upon receipt of products ordered, you must check that products are compliant. Any delivery anomalies (missing or broken products, parcel damaged, etc.) must be noted by you on the form presented to you when the parcel is delivered and must be notified to the Kérastase Customer Services team, on the returns form provided or by e-mail via our contact us form https://www.kerastase.co.uk/contact-us. specifying which product does not match the order.
(c)    If we miss the estimated delivery time for any products then you may cancel your order immediately if any of the following apply:
(i)    we have refused to deliver the products;
(ii)    delivery within the estimated time was essential (taking into account all the relevant circumstances); and
(iii)    you communicated this to us before we accepted your order.
(d)    If we miss the estimated delivery time for any products and you do not wish to cancel your order immediately, or do not have the right to do so, you can give us a new time for delivery, which must be reasonable, and you can cancel your order if we do not meet the new time.
(e)    If you do choose to cancel your order for late delivery you can do so for just some of the products or all of them, unless splitting them up would significantly reduce their value. If the products have been delivered to you, you will have to return them to us, and we will pay the reasonable costs of this, subject to inclusion of an applicable returns delivery receipt. After you cancel your order we will refund any sums you have paid to us for the cancelled products and their delivery.

8. HOW WE USE YOUR PERSONAL DATA
8.1    Personal data provided to or collected by us through this Website will only be used in accordance with our Privacy Policy. Please read this carefully before placing orders for products via our Website. https://www.kerastase.co.uk/static-pages/privacy.html

9. OUR LIABILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
9.1    We are responsible to you for foreseeable loss and damaged caused by us. If we fail to comply with our obligations under these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of us breaking this Contract, or our failure to use reasonable care and skill. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen. 
9.2    Nothing in these Terms of Sale shall limit or exclude our liability (i) for death or personal injury caused by our negligence or (ii) fraudulent misrepresentation or (iii) any other liability which cannot be excluded or limited under applicable law.
9.3    Nothing in these Terms of Sale affects your statutory rights as a consumer including your statutory rights relating to faulty or misdescribed goods. For further information about your statutory rights in the UK, contact your local authority Trading Standards Department or Citizen’s Advice Bureau.

10. WE ARE NOT RESPONSIBLE FOR DELAYS OUTSIDE OUR CONTROL
10.1    If our supply of the products is delayed by an event outside of our control then we will contact you as soon as possible to let you know that a delay may occur, and we will take steps to minimise the effect of the delay. We will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products for which you have paid for but have not received. 

11. OUR RIGHT TO VARY THESE TERMS
11.1    We may update these Terms from time to time, for example to reflect changes in the law or to meet regulatory requirements, and reserve the right to do so at any time without any prior written notice to you. Your continued use of the Website subsequent to the posting of changes or updates shall mean that you accept and agree to the revisions, but we recommend that every time you order products from the Website that you check these Terms to ensure you understand the terms which will apply at that time which will apply to the Contract between us.
11.2    If we have to revise these Terms as they apply to an existing order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. 

12.    OTHER IMPORTANT TERMS
12.1    We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
12.2    If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
12.3    These Terms and the dispatch confirmation sent to you together form a contractual whole and constitute the entirety of the contractual relations between us.
12.4    In the event of a contradiction between these documents, these Terms shall prevail.
12.5    These Terms are governed by English law and you can bring legal proceedings in respect of these Terms in the English courts. If you live in Scotland you can bring legal proceedings in respect of these Terms in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in either the Norther Irish or the English courts. 

Thank you for shopping at www.Kérastase.co.uk.