General Conditions of Sale
- 1. INFORMATION ABOUT US
- 2. USE OF OUR WESBITE
- 3. NO INTERNATIONAL DELIVERY
- 4. OUR PRODUCTS
- 5. PRICES AND PAYMENT
- 6. PLACING AN ORDER
- 7. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
- 8. OUR RIGHT TO VARY THESE TERMS
- 9. DELIVERY
- 10. YOUR CONSUMER RIGHT OF CANCELLATION, RETURN AND REFUND
- 11. HOW WE USE YOUR PERSONAL INFORMATION
- 12. OUR LIABILITY
- 13. EVENTS OUTSIDE OUR CONTROL
- 14. OTHER IMPORTANT TERMS
These Terms will apply to any contract between us for the online sale of Products to you on our Website ("Contract") to the exclusion of all other documents. Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our Website.
You should print a copy of these Terms or save them to your computer for future reference.
L'Oréal may update these General Conditions of Sale from time to time as set out in clause 8. Every time you order Products from L'Oréal, please check these Terms to ensure you understand the terms which will apply at that time which will apply to the contract between us.
These Terms and any Contract between us are only in the English language.
The Website enables L'Oréal to place the Products on sale to visitors of the Website (hereinafter the " "you" or "your").
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 you 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 Clause 6 ("Placing an Order") below, constitutes the placing of an order between us for the purchase of the ordered Products.
1. INFORMATION ABOUT US
1.1. The Website is an e-commerce website that is accessible via the internet at www.nyxcosmetics.co.uk. It is produced by L'Oréal (UK) Limited ("L'Oréal", "we", "us" or "our"), a company incorporated in England and Wales with registered number 271555. L'Oréal's registered office and our main trading address is located at 255 Hammersmith Road, London, W6 8AZ, United Kingdom. Our VAT number is GB 438506540
1.2. Contacting us:
a) If you wish to contact us for information or general queries relating to our products or because you have any feedback or complaints, please contact our Consumer Advisory Department by telephone on 0800 234 6567, or by email at email@example.com.
b) If you wish to contact us for queries relating to placing an order, making purchases through our Website or deliveries, please contact our Customer Service team by telephone on 0800 234 6567 or by email at firstname.lastname@example.org.
c) If you are emailing us or writing to us please quote your order number (if applicable) to help us identify your order.
d) If we have to contact you or give you notice in writing, we will do so by email or pre-paid post to the email/postal address you provide to us at the time of placing your order.
If you have been in touch with us regarding a complaint and are not satisfied with our proposed resolution, you are entitled to pursue online dispute resolution ("ODR"). You may do this using the electronic complaint form found at: http://ec.europa.eu/odr.
2. USE OF OUR WESBITE
2.1. Your use of our Website is governed by our Website Terms and Conditions. Please take time to read these as they include important terms which apply to you.
2.2. You may only purchase Products from our Website if you are at least 18 years old.
3. NO INTERNATIONAL DELIVERY
3.1. The Products ordered by Website Users shall be exclusively delivered in the United Kingdom (excluding the Channel Islands and Isle Of Man). Only orders with an invoicing and delivery address located in the United Kingdom will be processed.
3.2. The orders for which a P.O box delivery address has been chosen cannot be processed.
4. OUR PRODUCTS
4.1. The Products L'Oréal offers for sale are those listed on the Website, on the date you consult the Website, within the limit of available stock and subject to these Terms.
4.2. While every effort is made to ensure that the shade of the NYX Professional Makeup products for which photos are displayed on www.nyxcosmetics.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. The images of the Products on our Website are for illustrative purposes only. The images that illustrate the Products do not fall within the scope of the Contract and L'Oréal may not be held liable for errors or inaccuracies in photographs or graphics showing NYX Professional Makeup products that are presented on www.nyxcosmetics.co.uk.
4.3. The packaging of the Products may vary from that shown on images on our Website.
4.4. Product Availability:
Products are offered subject to availability. If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our Website, we will not process your order.
If you have already paid for the Product, we will refund you the full amount of the Product as soon as possible. If none of the items ordered are available we will also refund any delivery costs charged as soon as possible.
4.5. No substitute product will be sent to replace the unavailable product.
4.6. L'Oréal may not be held liable if Products are out of stock or unavailable.
4.7. Retention of title and risk:
The Products ordered shall remain the property of L'Oréal until full receipt of the price by L'Oréal including all applicable delivery charges. If there is a payment incident or in the event of incomplete or partial payment, you undertake, at your cost, to return the Products received to L'Oréal at our first request.
On the effective date of delivery, the risks (in particular of theft or damage) concerning the Products delivered are transferred to you.
5. PRICES AND PAYMENT
5.1. The prices of the Products are given in pounds sterling. We use our best efforts to ensure that the prices of the Products are correct at the time of completing an order. However, please see Clause 5.6 for what happens if we discover an error in the price of the Product(s) you ordered.
5.2. The price of a Product includes VAT at the applicable rate chargeable in the UK on the date of the order. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
5.3. The price invoiced to you is the price stated on the Dispatch Confirmation sent via e-mail by L'Oréal.
5.4. The prices given do not include the delivery costs, which will be invoiced in addition and specified to you before the order is confirmed and when the order is definitively validated.
5.5. You accept 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.
5.6. Our Website contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our Website may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect price.
All payments must be made immediately over the Internet. Unless the server is unavailable, you may pay with a credit or debit card. Visa, MasterCard and Maestro cards are accepted.
You will need to enter:
- the card number,
- the expiry date,
- the name of cardholder,
- the 3-digit safety code on back of card (Visa and MasterCard only).
Banking transactions will be carried out in a secure manner by Ingenico e-Commerce Solutions, L'Oréal's designated payment partner.
L'Oréal reserves the right to refuse all orders or deliveries if there is an existing dispute with you, in the event of total or partial failure by you to pay for that order or a previous order or 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, Ingenico e-Commerce Solutions.
In the case of a preparation delay longer than 4 days, the amount due will be automatically captured for credit cards payments. The Paypal payments method are captured immediately when the order is confirmed. If the product is unavailable or the order canceled for any other reason. In case of a cancellation of your order, our Customer Care will refund in the original payment method within an average of 2 days and less than 14 days according to the European law applicable. The customer will be notified at the email address used when placing the order.
6. PLACING AN ORDER
6.1. You may freely consult the various pages of the Website, with no commitment to order.
6.2. If you wish to place an order, you need to choose the various Products that are of interest, and confirm said interest by clicking on the "Add to Basket" button.
Each additional item added to the basket will be shown by the appearance of a specific screen.
You may at any time:
- obtain a summary of the Products you have selected or modify your order, by clicking on the button "View Basket", which is accessible on the top right of each page;
- continue to select Products by clicking on "Add to Basket";
- complete your selection of Products and order them by clicking on "Buy now".
You then have to identify yourself:
- either by entering your e-mail address and password, if you are a registered member on the Website; or
- by accurately filling out the form provided, which contains information needed to identify you, including your surname, first name and postal address; or
- by logging in with a social media account; Instagram, Twitter or Facebook.
You are then informed and accept that entering a user name constitutes proof of your identity and evidences your consent.
Once you have identified yourself, an order form appears on screen, which summarises: the type, quantities and prices of the Products selected by you, the applicable delivery costs, the order total, payment arrangements, delivery arrangements, estimated delivery time, your details and the delivery address for the Products.
6.3. Definitive validation of orders:
After the input of credit/ debit card information on the secure pages of L'Oréal's designated payment partner: the Ingenico e-Commerce Solutions, the order can then be validated by you. Orders are validated and you will be bound by the order once you have clicked the button labelled "Pay Now" to acknowledge that the placing of the order implies an obligation from you to pay.
7. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
7.1. Our shopping pages will guide you through the steps you need to take to place an order with us, as set out above. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
7.2. Once you have validated your order and payment, an order acknowledgement is displayed bearing an order number. This acknowledgement is sent to Purchasers in the order acknowledgement e-mail detailing the products ordered. Please note that this does not mean the order has been accepted. L'Oréal's acceptance of your order will take place as described in clause 7.3 below.
7.3. We will confirm our acceptance to you by sending you an email that confirms that the Products have been dispatched ("Dispatch Confirmation"). The Contract between us will only be formed when we send you the Dispatch Confirmation.
Said Dispatch Confirmation includes all the components of the contract formed between us, including these General Conditions of Sale, the goods ordered, payment arrangements, the total price of Product(s) inclusive of taxes, delivery arrangements, estimated delivery time and applicable delivery charges, information regarding your right to cancel your order and the geographical place of business and contact details of L'Oréal should you have any questions concerning your order. You are advised also to keep a copy (electronic or printed) of the information concerning your order.
7.4. The data recorded by the Website constitutes proof of all the transactions concluded between L'Oréal and you. In the event of a dispute between L'Oréal and you 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.
8. OUR RIGHT TO VARY THESE TERMS
8.1. L'Oréal may update these General Conditions of Sale from time to time. Every time you order Products from L'Oréal, please check these Terms to ensure you understand the terms which will apply at that time which will apply to the Contract between us.
8.2. If we have to revise these Terms as they apply to your 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. You may cancel either in respect of all of affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return any relevant Products you have already received and we will arrange a full refund of the price you have paid including any delivery charges and the cost of returning the Product(s) to us, subject to clause 10.
9.1. Orders are prepared by the logistics centre located in BSL, 23 rue Edouard Branly, ZA La Massue, 35170 Bruz, France and then dispatched by the carrier nominated by L'Oréal. You will be able to track your delivery via the details included in the Dispatch Confirmation sent to you. The estimated delivery times set out in the table below are from the date on which you place your order. Please note that the delivery time quoted is an estimate only.
|Delivery Option**||Estimated Delivery Time|
|Standard Delivery||3-5 working days*|
|Next Working day Delivery||1-2 working days*†|
* If order is placed before 12pm on a working day. If order is placed after 12pm or on any non-working day then estimated delivery will take an extra working day.
** Delivery costs will be displayed on the checkout page of the Website.
† Please note that for delivery to Northern Ireland, Scottish Highlands, islands, Aberdeen and other rural areas an extra working day needs to be taken into account of for these delivery options. For these areas, delivery by the "Next Working Day Delivery" option will be on the third working day.
9.2. Delivery problems:
L'Oréal will not be liable or responsible if your delivery is affected by an Event Outside Our Control (see clause 13) 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 NYX Professional Makeup customer service department as soon as possible, by e-mail sent to email@example.com. L'Oréal shall then contact its chosen carrier in order to initiate an enquiry. Enquiries may take some time.
Orders should in any event be delivered at the latest thirty (30) days after the day on which you receive a Dispatch Confirmation email from us.
9.3. 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 NYX Professional Makeup customer service department, on the returns form provided or by e-mail sent to firstname.lastname@example.org, specifying which product does not match the order.
9.4. If we miss the estimated delivery time for any Products then you may cancel your order immediately if any of the following apply:
a) we have refused to deliver the Products;
b) delivery within the estimated time was essential (taking into account all the relevant circumstances); and you specifically communicated this to us before we accepted your order.
9.5. 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 under Clause 9.4, you will either be given the option of a new time for delivery or a location to collect your parcel from, which must be reasonable, and you can cancel your order if we do not meet the new time.
9.6. If you do choose to cancel your order for late delivery under Clause 9.4 or Clause 9.85, 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.
10. YOUR CONSUMER RIGHT OF CANCELLATION, RETURN AND REFUND
10.1. If you are a consumer, you have a legal right to cancel a Contract during the period set out below. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your Citizen's Advice Bureau or Trading Standards Office.
10.2. However this cancellation right does not apply in the case of a Contract for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery.
10.3. Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we email you to confirm our acceptance of your order), which is when the Contract is formed. Your deadline for cancelling the Contract is set out below:
End of the cancellation period:
The end date is the end of 14 days after the day on which you receive the Product.
For example: if we provide you with a Dispatch Confirmation 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.
10.4. To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form on our Website. If you use this method we will email you to confirm we have received your cancellation.
You can also email us at email@example.com or contact our Customer Services team by telephone on 0800 234 6567 or by post to:
Customer Care Department
255 Hammersmith Road
LONDON, W6 8AZ
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 with U). 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.
10.5. If you cancel your Contract we will:
a) refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a brick and mortar shop;
b) refund, where the full order is returned, any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Product within 3-5 working days at one cost but you choose to have the Product delivered within 1-2 working days at a higher cost, then we will only refund what you would have paid for the cheaper delivery option;
c) make any refunds due to you no later than 14 days after the day on which we receive the Product(s) back from you or, if earlier, the day on which you provide us with evidence (i.e. date stamped written statement from an established postal service provider listing the sender and the recipient) that you have sent the Product(s) back to us.
10.6. If you have returned a Product to us because it is faulty, damaged or the product that you have received does not match the Product you ordered, we will examine the returned 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. Where the full order is returned we will refund any delivery costs you have paid, although as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (as set out in 10.5 b) above).
Note that only in these specified circumstances (faulty, damaged, non-compliant Product) will we pay the reasonable delivery costs you incur in returning the Product(s) to us subject to the inclusion of a returns proof of postage receipt. We request that you return such Product(s) to us via the Post Office 'Royal Mail Signed For' delivery.
10.7. 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. L'Oréal may withhold reimbursement until L'Oréal has received the Products back or you have supplied evidence of having sent back the Products, whichever is earliest.
10.8. If a Product has been delivered to you before you decide to cancel your Contract:
a) then you must return it to us without undue delay (and in the meanwhile retain possession of the Products 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 the Contract. You must send it back accompanied with the returns note, to the below address.
Unit 2, Fraser Place,
Trafford Park, Manchester,
If you fail to return any Product the direct cost of recovery of that Product by L'Oréal shall be borne by you. You shall assume all reasonable risks linked to the return of Product(s).
b) Unless the Product is faulty or not as described (in this case see below), you will be responsible for the cost of returning the Products to us. If the Product is one which cannot be returned by post, we estimate that these costs should not exceed £10 (ten pounds sterling) if sent by special delivery from within the United Kingdom. L'Oréal does not accept returns with delivery charges due.
10.9. Because you are a consumer, we are under a legal duty to supply Products that are in conformity with the Contract. 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 General Conditions of Sale. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
10.10. The right of cancellation can only be exercised by you, the purchaser of the Product, and not by a third party.
11. HOW WE USE YOUR PERSONAL INFORMATION
12. OUR LIABILITY
12.1. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
12.2. We only supply the Products for domestic and private use. You agree not to use the Product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.2. We only supply the Products for domestic and private use. You agree not to use the Product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
13. EVENTS OUTSIDE OUR CONTROL
13.1. 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 an Event Outside Our Control. An Event Outside Our Control is defined below in Clause 13.2.
13.2. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes of all natures, lock-outs or other industrial action by third parties, civil commotion, riot, insurrection, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks, severe disturbance in the security of the internet, technical failures, unauthorised access and/or intrusions into the Website's servers, or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
13.3. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
13.4. You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
14. OTHER IMPORTANT TERMS
14.1. 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.
14.2. You may only transfer your rights or you obligations under these Terms to another person if we agree in writing.
14.3. This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise. If one or more stipulations of these Terms 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.
14.4. 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.
14.5 These Terms and the Dispatch Confirmation sent to you together form a contractual whole and constitute the entirety of the contractual relations between us.
14.6. In the event of a contradiction between these documents, these Terms shall prevail.
14.7. These Terms and the contractual relations between L'Oréal and you shall be governed by the laws of England and Wales. This means a contract for the purchase of Products through the Website and any dispute or claim arising out of or in connection with it will be governed by English law. The parties agree that the courts of England and Wales will have exclusive jurisdiction.