General conditions of sale
KÉRASTASE E-COMMERCE WEBSITE
GENERAL CONDITIONS OF SALE
These Terms will apply to any contract between us for the 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 Website. 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.
We amend these General Conditions of Sale from time to time as set out in Clause 9. Every time you wish to order Products from Kérastase, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms were created on 10.01.2016. When Kérastase updates these Terms from time to time it will list the Clauses amended here with the effective date of such clauses.
The English language shall prevail in these Terms and any Contract between us. The language in these Terms and Conditions shall be interpreted as in accordance with their fair meaning and not strictly for or against either party.
The purpose of the Website is for Kérastase to offer Products for sale to visitors of the Website (hereinafter “you” or “your”).
Products are intended for your personal use, in no direct relation to your professional activity. In this respect, you should note that you may only order a maximum of eight (8) Products during a single sale. If your order exceeds the aforementioned amount and/or number, the order shall be deemed invalid. If any unusual pattern is suspected, we reserve the right to cancel the order and/or ban the user preventing him/her to buy again.
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. The recording and validation of the order form, as specified in Clause 7 (“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.kerastase.ae (ae.kerastase.com and ae.kerastase.com), or at www.kerastase.com.sa (ar.kerastase.com.sa and en.kerastase.com.sa). It is produced by L’ORÉAL MIDDLE EAST FZE, a company incorporated and registered in the Jebel Ali Free Zone, and whose principal place of business is situated at Downtown Jebel Ali (P.O. Box 16924), Dubai, UAE
1.2. Contacting us:
a) If you wish to contact us for information or general queries relating to our products or brands or because you have any feedback or complaints, please contact our Professional Products Consumer Advisory Department by email at [email protected]
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 email at [email protected]
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.
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. AREAS OF DELIVERY
3.1. Products ordered by you on our Website shall be exclusively delivered in the United Arab Emirates if ordered from ae.kerastase.com and in the Kingdom of Saudi Arabia if ordered from www.kerastase.com.sa. Only orders with an invoicing and delivery address located in the United Arab Emirates or the Kingdom of Saudi Arabia will be processed.
3.2. The orders for which a P.O box delivery address has been chosen cannot be processed.
3.3. 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.
4. OUR PRODUCTS
4.1. The Products Kérastase 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. All Products should be kept out of the reach of children (individuals under 16 years of age).
4.2. 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 Kérastase’s liability may not be incurred in connection with any such error. Products purchased may vary slightly from images on our Website.
4.3. The packaging of the Products may vary from that shown on images on our Website.
4.4. Product Availability:
When placing your order, the majority of the Products presented on the Kérastase website may be bought online. The Products that cannot be bought online are available through Kérastase approved distributors. In order to find the nearest distributor to you, please visit the online store locator.
Products are offered subject to availability. If a Product is not available, you shall be informed thereof as soon as possible. Such information may be provided to you:
a) at the time of placing your order. If a Product that can be bought online is unavailable it will state that the desired Product is out of stock; or
b) following the validation of your order. If a Product becomes unavailable prior to delivery, you will be contacted via email.
4.5.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 on our Website, we will inform you of this by email and you can decide how you wish to proceed with your order or let us know if you wish to cancel your order.
4.6. If you have already paid for the Products, Kérastase will take the necessary steps to deduct the price(s) of the Product(s) that is/are unavailable from the amount debited from your bank account as soon as possible. If none of the items ordered are available we will also refund any delivery costs charged as soon as possible.
4.7. No substitute product will be sent to replace the unavailable product.
4.8. Kérastase may not be held liable if Products are out of stock or unavailable.
4.9. Retention of title and risk:
a) Product(s) ordered shall remain the property of Kérastase until full receipt of the purchase price and all applicable delivery charges by Kérastase. If Products have been delivered to you and there is a payment incident or in the event of incomplete or partial payment, you undertake, at your cost, to return the Products to us at our first request.
b) On the date of delivery, the risks (in particular of theft or damage) concerning the Products are transferred to you.
4.10. Samples and Gift Packaging:
Any samples offered are subject to availability. Any samples provided by Kérastase for you to try are for your personal use only.
5. PRICES AND PAYMENT
5.1. The prices of the Products are given in Emirati Dirham (AED) on www.kerasatse.ae and in Saudi riyal (SAR) on www.kerastase.com.sa. We use our best efforts to ensure that the prices of Products are correct at the time of completing an order. However, please see Clause 5.7 for what happens if we discover an error in the price of the Product(s) you ordered.
5.2. In the event that you are using a valid promotional code provided by Kérastase, this cannot be used in conjunction with another offer or promotion.
5.3. The price invoiced to you is the price stated on the Dispatch Confirmation (as defined below) sent via email by Kérastase.
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 Kérastase’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 at the postal address provided during the order process.
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.
We accept payments online using Visa and MasterCard credit/debit card in AED, USD and SAR.
Cash-on-delivery (COD) payments are also accespted.
For payments by credit or debit card, you will need to enter:
- the card number;
- the expiry date;
- the name of cardholder; and
- the 3-digit safety code on the back of the card (Visa and MasterCard only).
Banking transactions will be carried out in a secure manner by Payfort, Kérastase’s designated payment partner.
If you make a payment for our products or services on our website, the details you are asked to submit will be provided directly to our payment provider via a secured connection.
Kérastase reserves the right to refuse all orders or deliveries if the limits stated in the Introduction above are exceeded, 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.
As part of the fight against online fraud, information concerning orders will be checked by Payfort.
Minors under the age of 18 are prohibited to register as a User of this website and are not allowed to transact or use the website.
The cardholder must retain a copy of transaction records and Merchant policies and rules.
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 Bag" button.
You may at any time:
- obtain a summary of the Products you have selected or modify your order, by clicking on the "Shopping Bag" icon, which is accessible on the top right of each page;
- continue to select Products by clicking on "Continue Shopping"; and
- complete your selection of Products and order them by clicking on "Proceed to Checkout".
You then have to identify yourself in the ‘Billing and Delivery’ stage:
- either by entering your email address and password, if you are a registered user on the Website; or
- by proceeding to the checkout page as a guest where you will be requested to provide your email address and delivery and billing information.
If you opt to become a registered user, you accept that entering a user name, as requested, constitutes proof of your identity and evidences your consent to become a registered user of the Website.
Once you have identified yourself in the ‘Secure Payment’ stage, before clicking ‘Pay Now’, an order summary appears on screen, which summarises: the names, quantities and prices of the Products selected by you, the applicable delivery costs, the order total, payment arrangements, your details, the delivery address for the Products, the billing address, contact details of Kérastase Customer Services and a link to information about your consumer rights to cancel and return your order at any stage.
6.3. Definitive validation of orders:
At the ‘Secure Payment’ stage you should verify that your shipping address and your billing address are correct. You are then requested to enter your credit/debit card details.
Once you have clicked “Pay Now” your order is validated and you will be bound by the order and 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. 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 stage of the order process.
7.2. Once you have entered your details for payment and validated your order, an order acknowledgement page is displayed bearing an order number. This is also sent to you as an order acknowledgement email that summarises: the names, quantities and prices of the Products selected by you, the applicable delivery costs, the order total, your details, the delivery address for the Products, the billing address and contact details of Kérastase Customer Services. Please note that this does not mean the order has been accepted. Kérastase’s acceptance of your order will take place as described below.
7.3. We will confirm our acceptance to you of your order, and the Contract is formed between us, by sending you an email that confirms that the Products have been shipped (“DispatchConfirmation”). The Contract between us is formed on the date of the Dispatch Confirmation email. Dispatch Confirmation sets out all the components of the Contract formed between us, including the names, quantities and prices of the Products selected by you, the applicable delivery costs, the order total, your details, the delivery address for the Products, the billing address, contact details of Kérastase Customer Services, information about your consumer rights to cancel and return your order at any stage, a link to these General Conditions of Sale. You are advised also to keep a copy (electronic or printed) of the information concerning your order.
7.4 If you choose Cash-on-delivery as your payment method, an agent from our consumer service team will contact you on the phone number you will have provided to confirm your order. Failure to confirm the order will lead to the cancellation of the order.
7.5. The data recorded by the Website constitutes proof of all the transactions concluded between Kérastase and you. In the event of a dispute between Kérastase and you on a transaction carried out on the Website, the data recorded by Kérastase shall be deemed irrefutable proof of the contents of the transaction.
8. OUR RIGHT TO VARY THESE TERMS
8.1. Kérastase may update these General Conditions of Sale from time to time. Every time you wish to order Products from Kérastase, please check these Terms to ensure you understand the terms which will apply at the time of your order and which will apply to the Contract between us.
8.2. We may revise these Terms as they apply to your order from time to time to reflect the following circumstances:
a) changes in relevant laws and regulatory requirements; and/or
b) changes in our business practices.
8.3. 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 the 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 paid for the relevant Product(s), the delivery charges and the cost of returning the Product(s) to us subject to Clause 11.
9.1 Orders are prepared and dispatched by Aramex or any other carrier nominated by Kérastase. The estimated delivery time will be included in the Order Acknowledgement and Dispatch Confirmation sent to you. The estimated delivery times ranges between 2 to 5 business days from the date on which you receive a Dispatch Confirmation email from us. Please note that the delivery time quoted is an estimate only.
9.2. The Products ordered by you will be delivered to the delivery address stated by you when completing your order on our Website and you will need to sign for the delivery (regardless of the Delivery Method selected). You undertake to supply the exact delivery address when placing your order for the Products, which can be different to the billing address you provide.
9.3. If no one is available at your address to take delivery, the Products will be returned to our premises and we will contact you to book a new delivery apointment. To rearrange delivery please contact our Customer Service team by email at [email protected]
9.4. Delivery of an order shall be completed when we deliver the Products to the address you give to us when completing your order on our Website and the Products will be your responsibility from that time.
9.5. You own the Products once we have received payment in full, including all applicable delivery charges.
9.6. Delivery problems:
Kérastase will not be liable or responsible if your delivery is affected by an Event Outside Our Control (see Clause 14) 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 Customer Service team as soon as possible, by email sent to [email protected] Kérastase 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 date on which you receive a Dispatch Confirmation email from us.
9.7. Upon receipt of the Products ordered, you must check that the Products are as per your order completed on our Website. Any delivery anomalies (missing or broken Products, parcel damaged, etc.) must be noted by you on the delivery note including the returns form presented to you when the parcel is delivered and must imperatively be notified to the Customer Service team, by email sent to [email protected], specifying which product does not match the order.
10. YOUR CONSUMER RIGHT OF CANCELLATION, RETURN AND REFUND
10.1. You have a legal right to return a Product to us if it is faulty or damaged or you have not received the Product you ordered. To report a damaged or wrong product please fill the "Contact Us" form under "Questions about my order" -> "Return a damaged product" including a picture of the damaged or faulty product. We will examine the case as quickly as possible. If the damaged or non-compliant nature of the Product is confirmed by us, we will send you a new package including the product that was damaged or missing.
We may request that you return the full or partial order. In this case, 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 11.6 b) above). We will ship your new order upon receival of the damaged/faulty one.
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.
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.
12.3. We do not in any way exclude or limit our liability for:
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 14.2.
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.
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. These Terms and the Dispatch Confirmation email sent to you together form a contractual whole and constitute the entirety of the contractual relations between us.
14.5. In the event of a contradiction between these documents, these Terms shall prevail.
14.6. These Terms and the contractual relations between Kérastase and you shall be governed by the laws of Dubai. 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 Dubai law. The parties agree that the courts of Dubai will have exclusive jurisdiction.