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GENERAL CONDITIONS OF SALE
The Website

The Clarisonic website (hereinafter the "Website") is an e-commerce website that is accessible via the Internet at www.clarisonic.co.uk. It is open to all Internet users (hereinafter, the "Internet User"). It is produced by L'Oréal (UK) Limited (“L’Oréal”), a company incorporated in England and Wales with registered number 271555.
Its registered office is located at 255 Hammersmith Road, London, W6 8AZ, United Kingdom.

The Website enables L’Oréal to place cosmetics and perfumes (hereinafter the "Products") on sale to Internet Users who visit the Website (hereinafter the "Website Users"). For the application of these General Conditions of Sale, it is agreed that the Website User and L’Oréal shall be jointly referred to as the "Parties" and individually referred to as a "Party", and that Website Users who have validated an order shall be referred to as "Purchasers". Website Users' rights and obligations necessarily apply to Purchasers.

Products are intended for the personal use of Website Users, in no direct relation to their professional activity. In this respect, Website Users should note that their order must not exceed a total of £500.00. Moreover, a same Website User may only order a maximum of four (4) products with the same reference during a single sale and over a period of one (1) month. If the order exceeds the aforementioned amount and/or number, the order shall be deemed invalid.

The Products ordered by Website Users shall be exclusively delivered in the United Kingdom, excluding the Channel Islands.
The orders for which a P.O box delivery address has been chosen cannot be proceeded.

Website Users who wish to purchase via the Website declare that they have full legal capacity and are aged 18 or over.

All orders for Products offered on the Website imply the consultation and express acceptance of these General Conditions of Sale, without said acceptance being contingent on the Website User providing a hand-written signature. In accordance with the provisions of Regulations 9 and 11 of The Electronic Commerce (EC Directive) Regulations 2002 which govern the formation of electronic contracts in the United Kingdom, the recording and validation of the order form, as specified in Paragraph 4 "Order Terms and Conditions" below, constitutes the placing of an order between L’Oreal Website Users for the purchase of the ordered Products.

The purpose of these General Conditions of Sale is to define the Parties' rights and obligations that arise from the online sale of the Products offered on the Website from the United Kingdom, exclusively as regards the relations the Parties establish on the Internet and solely those formed on the Website.

These General Conditions of Sale determine all the steps required to place an order, as described in Paragraph 4 "Order Terms and Conditions" and ensure the follow-up of said order between the parties.

L’Oréal may update these General Conditions of Sale at any time.

These General Conditions of Sale apply to the exclusion of all other documents.

Products

The Products L’Oréal offers for sale are those listed on the Website, on the date the Website User consults the Website, within the limit of available stock and subject to the conditions laid down in Paragraph 1, and under the following restrictions: due to transportation constraints, aerosols are not available for sale; products containing alcohol (perfumes) are limited to a volume of 200ml per parcel.

The photographs that illustrate the Products do not fall within the scope of the contract and L’Oréal's liability may not be incurred in connection with any such error.

While every effort is made to ensure that the shade of the Clarisonic products for which photos are displayed on www.clarisonic.co.uk is an accurate representation of the original products, variations may occur, in particular due to technical limitations in reproducing colour using information technology. Consequently, L’Oréal may not be held liable for errors or inaccuracies in photographs or graphics showing Clarisonic products that are presented on www.clarisonic.co.uk.

Product Availability Products are offered subject to availability. If a Product is not available, Website Users shall be informed thereof as soon as possible. Such information may be provided to the Website Users:
- when placing their order : The majority of the Products presented on the Clarisonic website may be bought online. The Products that cannot be bought online are available through Clarisonic approved distributors. In order to find the nearest distributor to them, Website Users may visit the online store locator. If a Product that can be bought online is temporarily unavailable, a window appears and states that the desired Product is temporarily unavailable. Website Users may then, if they so wish, enter their e-mail address in order to be informed as soon as the Product becomes available again.
- following the validation of their order: prior to delivery, via e-mail.

If a Product's unavailability is detected after an order is recorded and payment made, L’Oréal will take the necessary steps with the Cybersource Internet Payment banking group to deduct the price(s) of the Product(s) that is/are unavailable from the amount debited from the Purchaser's bank account.

If a Product's unavailability is discovered after order validation, Purchasers shall have the option of cancelling their order by requesting either the reimbursement of the amounts paid within a maximum of thirty (30) days after being debited, or exchanging the unavailable Product(s), by sending an e-mail request to [email protected]

No substitute product will be sent to replace the unavailable product.

Should a product be unavailable, L’Oréal will reimburse Purchasers within a maximum of thirty (30) days beginning with the day after the expiry of the period for performance of the contract. The period for performance of the contract is thirty (30) days beginning with the day after the day on which the Purchaser placed their order.

L’Oréal may not be held liable if products are out of stock or unavailable.

Retention of title The Products ordered shall remain the property of L’Oréal until full receipt of the price by L’Oréal. If there is a payment incident or in the event of incomplete or partial payment, the Purchaser undertakes, at the cost of the Purchaser, to return the Products received to L’Oréal at the latter's first request.

On the effective date of delivery, the risks (in particular of theft or damage) concerning the Products delivered are transferred to the Purchaser.

Samples Samples are subject to availability and will only be sent to addresses in the United Kingdom. Any samples provided by L’Oréal for the Purchases or customer to test are for their personal use only.

Gift Packaging and Messages Gift option is subject to availability. The Purchaser is entirely responsible and liable for any personal gift card message sent with any of the Products. L’Oréal shall not be responsible for any content on message that the Purchaser sends through the Website. The Purchaser agrees not to send personal gift card messages with content that is threatening, embarrassing, abusive, harassing, obscene, hateful or otherwise inappropriate.
Prices The prices of the Products are given in pounds sterling. They include the VAT applicable on the date of the order.

The price invoiced to the Purchaser is the price stated on the order confirmation sent via e-mail by L’Oréal.

The prices given do not include the delivery costs, which will be invoiced in addition and specified to Website Users before the order is confirmed and when the order is definitively validated.

The basic shipping fee is £5.00 per order.

The Website User accepts L’Oréal's right to modify its prices at any time, however the Products will be invoiced on the basis of the tariffs in force when the order is recorded, subject to the availability of such Products. The tariff in force is that stated on the Website, unless there is a typographical error.

Payment All payments must be made immediately over the Internet. Unless the server is unavailable, Website Users may pay with a credit or debit card:
- Visa, MasterCard, Maestro and American Express.
Website Users will enter:
- their card number,
- the expiry date,
- the name of cardholder
- the 3-digit safety code on back of card for Visa and MasterCard or the 4-digit safety code on the front of the card for American Express

Banking transactions will be carried out in a secure manner by the Cybersource Internet Payment banking group.
L’Oréal reserves the right to refuse all orders or deliveries if the limits stated in Section 1 above are exceeded, if there is an existing dispute with the Purchaser, in the event of total or partial failure to pay for a previous order by the Purchaser, if credit/debit card payment authorisation is refused by the banking organisations, or in the event of total or partial failure to pay.

As part of the fight against online fraud, information concerning orders will be checked by L’Oréal's designated payment partner: Cybersource Internet Payment banking group.

Order Terms and Conditions

Navigation within the Website Website Users may discover the various Products marketed by L’Oréal on www.clarisonic.co.uk. Website Users may freely consult the various pages of the Website, with no commitment to order.

Recording of an order Only orders with an invoicing and delivery address located in the United Kingdom, may be taken into account by L’Oréal.

If a Website User wishes to place an order, he/she will choose the various Products that are of interest, and confirm said interest by clicking on the "Checkout" button.

Each additional item added to the basket will be shown by the appearance of a specific screen.

Website Users may at any time:
- obtain a summary of the Products they have selected or modify their order, by clicking on the button "Item", which is accessible on the top right of each page,
- continue to select Products by clicking on "continue shopping",
- complete their selection of Products and order them by clicking on "Checkout" or "Send as a gift".
To order the Products selected, Website Users will click on the "Item" icon. An order then appears on screen. If the list presented corresponds to the Products they have chosen, Website Users will validate the selection by clicking on: "Checkout " or "Send as a gift".

Website Users then have to identify themselves:
- either by entering their e-mail address and password, if they are a registered member on the website.
- or by accurately filling out the form provided, which contains information needed to identify them, including the Website User's surname, first name and postal address.
Website Users are informed and accept that entering a user name constitutes proof of their identity and evidences their consent.

Once Website Users have identified themselves, an order form appears on screen, which summarises: the type, quantities and prices of the Products selected by the Website User, the delivery costs, the order total, the Website User's details and the delivery address for the Products.

Definitive validation of orders Website Users must tick the "I accept the general conditions of sale" box before being able to choose the payment method shown on the same page.

When paying with their credit/debit cards, Website Users validate this page by clicking on "Credit Card". Website Users are then requested to enter their credit/debit card details.
Orders are validated after the input of card information of the secure pages of L’Oréal's designated payment partner: the Cybersource Internet Payment group.

Confirmation of orders Once Purchasers have validated their order and payment, an order confirmation is displayed bearing a transaction number. This confirmation is also sent to Purchasers in the order confirmation e-mail. Said confirmation includes all the components of the contract formed between the Parties including the goods ordered, payment arrangements, delivery arrangements and information regarding the Purchaser's right to cancel its order and the geographical place of business of the L’Oréal to which the Purchaser may address any complaint. The Purchaser is advised also to keep a copy (electronic or printed) of the information concerning the Purchaser's order.

When the order is prepared and despatched, a despatch confirmation e-mail is also sent to the Purchaser.

The data recorded by the Website constitutes proof of all the transactions concluded between L’Oréal and the Purchaser. In the event of a dispute between L’Oréal and the Purchaser on a transaction carried out on the Website, the data recorded by L’Oréal shall be deemed irrefutable proof of the contents of the transaction.

L’Oréal shall retain a written record of the contract concluded between L’Oréal and the Purchaser in electronic form, during a period of time that runs from the conclusion of the contract until the delivery date of the goods and for a period of ten years thereafter. The Purchaser is entitled to access this written record at any time, by making a request to [email protected] and attaching proof of identity.

Delivery terms and conditions Orders are prepared by the logistics centre located in Nottingham, UK, then despatched by UPS. The average time taken for Purchasers to receive an order is 3-5 working days from the day the order is received.

In any event, orders are despatched at the latest thirty (30) days as from the day following the validation of an order by a Website User.

The Products ordered by a Purchaser will be delivered to the address stated by the Purchaser on the order form. The Purchaser undertakes to supply the exact address of his/her permanent address when placing the order for the Products.

Delivery problems L’Oréal refuses all liability in the event of overly long delivery time caused by the transportation services, as well as in the event of the loss of the Products ordered. If a delivery is late, the Purchaser must inform the Clarisonic customer service department as soon as possible, by e-mail sent to [email protected]. L’Oréal shall then contact UPS in order to initiate an enquiry. Enquiries may take some time.

Upon receipt of Products ordered, the Purchaser must check that Products are compliant. Any delivery anomalies (missing or broken Products, parcel damaged, etc.) must be noted by Purchasers on the form presented to them when the parcel is delivered and must imperatively be notified to the Clarisonic customer service department, by e-mail sent to [email protected], specifying which product does not match the order. All claims filed more than 7 working days following the day of receipt of a delivery will be rejected and L’Oréal will be released from all liability.

Withdrawal Right

Right of Cancellation The Purchaser may within the Cancellation Period (as defined below) give notice of cancellation to L’Oréal or any other person previously notified by L’Oréal to the Purchaser as a person to whom notice of cancellation must be given. Such notice of cancellation is a notice by e-mail to [email protected] indicating the Purchaser's intention to cancel the order.

The Cancellation Period is the period commencing with the day on which the order is received and ending on the expiry of the period of seven (7) working days beginning with the day after the day on which the Purchaser receives the goods.

The right of cancellation can only be exercised by the Purchaser and not by a third party.

All Products must be returned accompanied by the returns note, in the same condition in which the Purchaser received them, and at the Purchaser’s own cost and risk, to:

Internet Returns
PO Box 10182
NOTTINGHAM
NG15 5DX

Products will be not accepted for returns or exchange at any other outlet.
Product(s) with which the Purchaser is not satisfied Where a Purchaser exercises its right of cancellation, the Product(s) must be returned in their original form and packaging, complete and accompanied by the returns note. With the exception of non-compliant Products, the cost of returning Product(s) shall be paid by the Purchaser. Where the Purchaser fails to return any Product the direct cost of recovery of that Product by L’Oréal shall be borne by the Purchaser.

L’Oréal does not accept parcels with carriage due.

On exercise of its right of cancellation, the Purchaser shall return the Product(s) to L’Oréal and in the meanwhile retain possession of the Product(s) and take reasonable care of them.

All reasonable risks linked to the return of Product(s) shall be assumed by the Consumer.
No refunds will be made where L’Oréal reasonably assesses that the return Product(s) has been used, with the exception of defective Product(s).
If the aforementioned conditions are fulfilled, L’Oréal will reimburse the Purchaser within a maximum of thirty (30) days beginning with the day on which the notice of cancellation was given, for the amounts that correspond to the Product(s) purchased.

Non-compliant Product(s) "Non-compliant products" shall only include products which have been sent by L’Oréal by error or defective products.

All non-compliant Products must be returned to L’Oréal within 7 working days following the day of receipt, in their original form and packaging, accompanied by the returns note. Carriage costs will be borne by L’Oréal in the event that the decision to return Product(s) results from an error made by L’Oréal.

Upon receipt by L’Oréal of Product(s) that are presumed to be non-compliant, L’Oréal will examine said Product(s) as quickly as possible. If the non-compliant nature of the Product(s) is confirmed by L’Oréal, L’Oréal will exchange or reimburse the defective or missing Product(s). In the case of reimbursement of Product(s), the Purchaser will be reimbursed within thirty (30) days following the day of such confirmation, for the amounts that correspond to the price(s) of the Product(s) acquired, as well as the return costs incurred.

Protection of Personal Data

Providing personal information that is collected within the scope of distance selling is mandatory, as this information is needed to process and deliver orders, as well as for preparing invoices. Such personal information is strictly confidential. Failing to provide such personal information entails automatic order rejection.

In accordance with the UK Data Protection Act 1998, the processing of personal information collected on the Website has been declared to the Office of Information Commissioner in the United Kingdom.

Website Users are entitled to access, modify, correct and delete data concerning them. In order to exercise this right, Website Users must send a letter by post to the

Customer Service:
Customer Care Team
PO Box 10182
NOTTINGHAM
NG15 5DX

L’Oréal also outlines the security measures taken by L’Oréal to protect the Purchaser's details once the Purchaser has given such details to L’Oréal. The Purchaser can then make informed choices about the personal information he provides on this Website.

Cookies

We may collect information about your computer IP address, browser type and use cookies for system administration and to collate aggregate information. This is statistical data about our users' browsing actions and patterns that does not identify any individual. Cookies are small pieces of information that are stored by your browser on your computer's hard drive. Most web browsers automatically accept cookies, but you can usually change your browser to prevent that. They help us to improve our Website and to deliver a better and more personalised service to you and other users by enabling us:

- To estimate our audience size and usage pattern.
- To store information about our users' preferences and to allow us to customise our Website according to our users' individual interests.
- To speed up your searches.
- To recognise users' when they return to our Website.

By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. However, if you choose to reject all cookies, you may be unable to use parts of the Website.
With regard to the new 2011 legal requirements on cookies following the revision of the e-Privacy Directive Clarisonic is working towards their implementation in line with guidance from the Information Commissioners Office.

Vis Major

Neither Party shall be liable for the total or partial non-performance or a delay in performance of its obligations pursuant to this contract that is caused by an event outside of its reasonable control (a Force Majeure Event).

Force Majeure Events shall be deemed to include, without limitation, war, riots, insurrection, severe disturbance in the security of the Internet, technical failures, unauthorised access and/or intrusions into the Website's servers, strikes of all natures and computer or telephone failure.

If a Party cites an event that constitutes a Force Majeure Event, it must inform the other Party thereof within five working days of the occurrence or threatened occurrence of said event.

The Parties agree that they must consult with each other in a timely manner in order to determine together the terms and conditions of filling orders during the occurrence of a Force Majeure Event of vis major.

After one (1) month of interruption due to a Force Majeure Event, L’Oréal may choose to cancel the order(s), in which case it shall reimburse the Purchaser where applicable.

Severability

If one or more stipulations of these General Conditions of Sale is deemed invalid or declared invalid pursuant to a law, regulation or following a definitive decision by a court having jurisdiction, the other stipulations shall retain their full force and scope.

Whole Agreement

These General Conditions of Sale and the order summary sent to the Purchaser together form a contractual whole and constitute the entirety of the contractual relations between the Parties.

In the event of a contradiction between these documents, the General Conditions of Sale shall prevail.

Applicable Law

These General Conditions of Sale and the contractual relations between L’Oréal and the Purchaser shall be governed by the laws of England and Wales.