Consumer Terms of Sale
Effective Date: April 26, 2018
Please read these consumer terms of sale carefully before you order products on this site. These terms tell you who we are, how we will sell products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
These terms of sale do not apply to you if you are purchasing products through this site (or otherwise contracting with us) in a business or professional capacity. In these contexts, the contract you have with us shall govern.
These Terms of Sale (“Terms of Sale”) are the terms on which you can purchase products (“Products”) as a consumer from our website (“the Site”). Products sold on the Site will be provided to you by Elizabeth Arden (UK), LTD (“we”, “us” or “our”). Elizabeth Arden (UK), LTD is a company registered in the United Kingdom under 0 4126357, with Greater London House, Hampstead Road, London, NW1 7QX, London, United Kingdom W1T 3EY.
The following topics are covered below:
- About these Terms of Sale
- The Order Process
- Product Information
- Price and Payment
- Fraud Protection Program
- Delivery and Ownership
- Faulty Products
- Products Not Sold on Our Site
- Our Right to End the Contract
- Limitation of Liability
- Other Important Terms
- How to Contact Us
To be eligible to purchase Products from the Site and to enter into and form a legal contract using this Site you must: (a) be aged 18 or older; and (b) be the holder of a valid credit, debit, or other payment card.
2. About these Terms of Sale
2.1 These Terms of Sale are the terms on which consumers only can purchase Products from our Site. These Terms of Sale therefore only apply to you if you are purchasing Products solely as a consumer. You should keep a copy of these Terms of Sale safe for future reference.
2.2 You must not use any Product you purchase on the Site for any purpose other than your own personal and domestic use. We reserve the right, with or without notice, to cancel or reduce the quantity of any orders that we believe, in our sole discretion, may result in the violation of these Terms of Sale.
2.3 We may change our Terms of Sale from time to time. The Terms of Sale that are applicable to an order you place will be those Terms of Sale that you agree to at the time of placing that particular order.
3. The Order Process
3.1 When you place an order through the Site, you make an offer to buy the relevant Products. All orders are subject to availability and to our acceptance of your order.
3.2 While we may email to acknowledge receipt and provide you with an order confirmation, this does not constitute our acceptance of your order. Unless we have notified you that we do not accept your order or you have cancelled your order in accordance with Section 8 ‘Cancellation,’ our acceptance of your order and the formation of a contract between you and us will take place on the delivery to you of the Products ordered.
3.3 If we do not accept your order, we will inform you of this in writing and will not charge you for the Products. The reasons we may not accept your order include (but are not limited to) the following: the Products are out of stock, there are unexpected limits on our resources which we could not reasonably plan for, we have identified an error in the price or description of the Products, you have asked us to deliver Products to a country we do not deliver to, or we are unable to meet a delivery deadline you have specified.
4. Product Information
4.1 Products may vary slightly from their pictures. The images of the Products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the Products.
4.2 While we will take reasonable care to ensure that the details, descriptions, images and prices appearing on the Site are correct at the time the information was entered into the system, to the fullest extent permitted by applicable law, we do not warrant that the Product descriptions, colours or other content on the Site are accurate, complete, reliable, current or error-free.
4.3 Our Products are not intended to diagnose, treat, cure or prevent any condition or disease. All Products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients of Products to avoid potential allergic reactions. Minors should use our Products only with the permission of a parent or legal guardian.
5. Price and Payment
5.1 UK and EU Customers: The price of the Product (which includes all applicable taxes) will be the price indicated on the Site at the time you place your order. Delivery charges are not included in the Product price. Prices displayed on the Site will be displayed in the national currency of that country. The total cost of your order is the price of the Products ordered plus the applicable delivery charges, which will be determined in accordance with Section 7 ‘Delivery and Ownership.’
5.2 We take reasonable care to ensure that the price of the Products provided to you on the Site is correct; however, errors may occur. If the Product’s price is incorrect, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling your order. We will await your instructions before we accept your order where you have contacted us about a pricing error.
5.3 If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any Products provided to you.
5.4 You must pay for the Products before we dispatch them. You confirm the credit/debit card that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses or does not, for any reason, authorise payment to us, whether in advance or subsequent to a payment, we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal.
5.5 The price of a particular Product may change over time and the prices payable are those on the Site at the time an order is placed. Reordering a Product at a later date may therefore present a different price for the same Product and may be subject to different Terms of Sale as explained in Section 2.3 ‘About These Terms of Sale.’
6. Fraud Protection Programme
As part of our order processing procedures, we may screen orders received for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorised or illegal activity. If this is the case, we may reject your order or our Customer Service department may call you at the phone number you provided (or use your email address) to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorised or illegal activity.
7. Delivery and Ownership
7.1 The Site is for the promotion of our Products in the United Kingdom. Unfortunately, we do not deliver to addresses outside of the United Kingdom.
7.2 The costs of delivery will be the cost that is displayed to you on our Site and we will deliver the Products in accordance with the delivery option selected by you during the order process.
7.3 We will try to send the Products you order as soon as possible after you place your order, and in accordance with the delivery option you have selected when you placed your order, and in any event within 30 days after the day on which we accept your order.
7.4 If our supply of the Products is delayed by an event outside our control, we will contact you as soon as possible to let you know, and we will take steps to minimise the effect of the delay. Provided we do this, 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 you have paid for but not received.
7.5 If no one is available at your address to take delivery and the Products cannot be posted through your letterbox, either we or the carrier may leave you a note informing you of how to complete delivery or obtain your Products. If you do not collect the Products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot, either we or the carrier may contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection, we may cancel the transaction in accordance with Section 12 below.
7.6 As soon as the Products are delivered to you (or a person identified by you to take delivery of the Products on your behalf) at the address you gave us, or you or a carrier organised by you collects the Product from us, you are responsible for it. On receipt, you must inspect the Products. You will be deemed to have accepted the Products, unless you notify us that you have cancelled the order and/or you return the Products in accordance with the returns procedure in Sections 8 and 9 ‘Cancellation’ and ‘Faulty Products.’ If no such action is taken, we shall not be obliged to accept any rejection of the Products at a later date. Your statutory rights are not affected.
7.7 We will retain the legal ownership of the Products until full payment has been made by you and such payment has been received by us. Legal ownership of the Products will immediately revert to us if we refund any such payment to you.
8. Cancellation – for UK/EU Consumers Only
8.1 If for any reason you are not entirely satisfied with the Products you have purchased, you have the right to return the Products in their original condition for a full refund within 14 working days from the delivery of the Products without giving any reason. This right to cancel is subject to certain conditions as set out below.
- Your return period will expire 14 days after the day on which you (or person indicated by you to take delivery, other than the carrier) take delivery of the Products.
- You must inform us of your decision to cancel your order by a clear statement before the end of the cancellation period. The easiest way for you to do this is by emailing us at email@example.com. You can also complete our model cancellation form accessible at the end of these Terms of Sale. Once you have completed the cancellation form, send it to firstname.lastname@example.org. If you use this option, we will communicate to you acknowledgement of receipt of such a withdrawal on a durable medium (e.g. by email).
- You have taken reasonable care of the Products prior to return. This means that you have not used the Products and/or removed any labels, or protective packaging.
- You return the Products to us without undue delay and in any event within 14 days of informing us of your decision to cancel.
- You return the Products in suitable packaging to ensure the Products reach us in good condition in accordance with these Terms of Sale. We recommend you return the Products to us using the original packaging in which you received the Products.
8.2 You do not have a right to change your mind in respect of:
- Products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them. This means that it will not be possible for us to accept the return of any Products where the cellophane has been unsealed or another protective seal has been removed.
- Any Products that become mixed inseparably with other items after their delivery.
9. Faulty Products
9.1 We are under a legal duty to supply the Products in conformity with the contract we have with you. If the Products you receive are damaged or faulty or not the Products you ordered, we will exchange the Products or offer you a refund for the purchase price of the Products, the delivery charge, and any reasonable shipping costs you incur in returning the Products. Please note that any refund will not include any costs incurred by you in returning the Products in person. Please contact us as soon as possible if you wish to return or exchange Products by contacting Customer Service. If you request a refund, we will refund you by the method you used for payment.
9.2 If you wish to exercise your legal rights to reject Products, we may require you to return them to us.
10. Products Not Sold on Our SiteThese Terms of Sale, including but not limited to the right to cancel and the returns policy, only apply to Products ordered from our Site. We are not able to process requests for cancellation or returns for purchases made within a partnered retail location. Returns for purchases made from this Site will not be accepted for return or exchange at a counter or partnered retail location.
11.1 If you return Products for reasons other than defects or faults in the Products, for example if you cancel your order in accordance with Section 8, you will be required to arrange and pay for the return of the Products to us.
11.2 If you are exercising your right to cancel in accordance with Section 8, we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Products, if this has been caused by your handling them in a way that would not be permitted in a shop. If we refund you the price paid before we are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
11.3 We will make any refunds due to you as soon as possible. If you are exercising your right to cancel your order, then your refund will be made within 14 days from the day on which we receive the Products back from you or, if earlier, the day on which you provide us with evidence that you have sent the Products back to us. We will refund you by the method you used for payment.
12. Our Right to End the Contract
12.1 We may end the contract to supply and deliver a Product at any time by writing to you if:
- You do not make any payment to us when it is due.
- You do not, within a reasonable time after we ask, provide us with information that is necessary to deliver the Products.
- You do not, within a reasonable time, allow us to deliver the Products to you or collect them from us.
12.2 If we end the contract in the situations set out in Section 12.1, we will refund any money you have paid in advance for Products we have not provided, but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
13. Limitation of Liability
13.1 We do not exclude or limit our liability to you where it would be unlawful to do so. This includes the following forms of liability: for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors; for fraud or fraudulent misrepresentation by us or our employees; or for breach of your legal rights in relation to the Products, including the right to receive Products that are as described, match information we provided to you, and of satisfactory quality.
13.2 If we breach these Terms of Sale, we shall only be liable for losses that are a reasonably foreseeable consequence of such a breach, up to a maximum of £50. 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, for example, if you discussed it with us during the sales process.
13.3 We are not liable for any business losses suffered as a result of the order of Products under these Terms of Sale. If you order Products under these Terms of Sale and use the Products for any commercial, business or re-sale purpose, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14. Other Important Terms
14.1 We may transfer our rights and obligations under these terms to another organisation. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
14.2 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
14.3 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them is unlawful, the remaining paragraphs will remain in full force and effect.
14.4 If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
14.5 These terms are governed by the laws of England and Wales and you can bring legal proceedings in respect of the Products in the courts of England and Wales.
14.6 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to ADR Group via its website at http://www.adrgroup.co.uk. ADR Group will not charge you for making a complaint, and if you are not satisfied with the outcome, you can still bring legal proceedings. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
15. How to Contact Us
If you have any questions or comments about these Terms of Sale, please contact us at email@example.com for Customer Service. Alternatively you can write to us at Greater London House, Hampstead Road, London, NW1 7QX, London, United Kingdom W1T 3EY.
Model Cancellation Form
If you want to withdraw from the contract (as explained in Section 8), you can complete this form. You can copy and paste it into an email and send it to us at firstname.lastname@example.org. You can also post it to us at Greater London House, Hampstead Road, London, NW1 7QX, London, United Kingdom W1T 3EY.
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate