NARS Cosmetics Terms and Conditions
Applicable as from September 18 2018
These general terms and conditions of sale (the “T&Cs”) constitute a contract between (a) SHISEIDO GROUP UK LTD, the exclusive distributor of the NARS brand in the United Kingdom (“NARS”) and (b) any natural person (the “Client”) wishing to purchase NARS cosmetics (the “Products”) via the https://www.narscosmetics.ie e-commerce web site (“the Site”).
SHISEIDO GROUP UK is a Limited Company with Registered in London under number: 2797273 - VAT number : GB625996884, with headquarters located 10th Floor, The Adelphi 1-11 John Adam Street, London WC2N 6HT - UNITED KINGDOM
Matriculation city: London.
Phone: +442038100750 (Monday to Friday from 8AM - 8PM (UTC+1).
Throughout these T&Cs, the Client and NARS are referred to jointly as the “Parties”, and individually as a “Party”. Please read these T&Cs carefully before you use the Site or place any order for a Product. By using the Site or purchasing any Product, the Client confirms they that accept these T&Cs, and agrees to comply with them. If you do not agree to these T&Cs you must not use the Site or purchase any Product. If you have any questions about these T&Cs, contact us at firstname.lastname@example.org.
Please note that the Products are sold through a selective retail network and are solely destined for the Client’s own personal use. NARS will be entitled to refuse any order that does not clearly correspond to a retail sale.
Moreover, Clients are hereby informed that they may not order more than five (5) Products with the same reference. Orders exceeding the abovementioned quantity will be automatically rejected.
Clients may record or print out these T&Cs, provided that they do not modify them.
Any special requests made by a Client in relation to any order is always subject to NARS' prior written agreement. Any terms which a Client may provide or attach to any order shall have no effect unless agreed in writing by NARS.
CLAUSE 1: SUBJECT-MATTER
These T&Cs set out the terms and conditions governing the online sale and the delivery of the Products by NARS to the Client, as well as the respective rights and obligations of the Parties arising from the online sale of the Products that are offered on the Site.
They set out, for instance, all the steps that must be taken to place an order.
CLAUSE 2: PRODUCTS
2.1. description of the PRODUCTS
The Products available to purchase on the Site and their detailed descriptions (in the form of product data sheets) are shown on the Site to enable potential Clients to obtain information about the key characteristics of the Products that they wish to buy before placing an order.
NARS shall use its reasonable endeavours to ensure that the visual depictions of the Products shown on the Site constitute faithful reproductions of the original Products. Nevertheless, given that NARS does not have full control over the colour rendering properties of the Client’s computer hardware and software, NARS cannot be held liable for any inaccuracy of the photographs featured on the Site.
Clients who have any questions or require any advice concerning the Products and their use may contact our Customer Service unit:
- by sending an e-mail to email@example.com
- by telephone on +442038100750 (Monday to Friday from 8AM - 8PM (UTC+1)).
2.2 AVAILABILITY OF THE PRODUCTS
2.2.1. The Products sold by NARS are those featured on the Site on the day on which the Client accesses the Site, subject to availability.
NARS shall use its reasonable endeavours to report any permanent or temporary unavailability of its Products on the Site’s information page describing each Product or at the time when a Client places their order.
2.2.2. Despite our vigilance, should a Product that is ordered not be available at the time of sending the order (such as due to a stock outage or if NARS no longer sells the Product), NARS will inform the Client about this as soon as possible by e-mail or phone and the Client will be entitled to:
- either receive the available Products only;
- or cancel the order in its entirety.
In the absence of a reply from the Client within 3 days from contact with NARS customer service, the order will be automatically sent with the available Products only.
A notification that the Product is unavailable may be issued at any point in time between the approval of the order and its delivery. Should the Client already have been charged at the time of the cancellation, NARS undertakes to refund the entire value of the order to the Client as soon as possible if the order has been cancelled in its entirety, or the value of the unavailable Products if only part of the order has been cancelled, directly to the bank account / bank card that was used to pay for the order.
Where a page mentions free gifts or samples with a purchase, this is subject to availability. An order shall not be cancelled in case of unavailability of free samples or gifts.
CLAUSE 3: PRICES
The prices of the Products are firm and are quoted in pounds sterling. The applicable prices shall be those that are displayed on the Site at the time when the Client places its order.
Prices for Products are quoted including all taxes. Delivery costs (including any customs duty and other taxes and levies linked to the delivery) shall be listed separately in the Cart and shall be set out on the order summary prior to final approval and purchase by the Client. All costs shall be set out in the order confirmation e-mail sent subsequently to the Client.
The total price stated in the order summary and in the order confirmation e-mail covers all of the charges billed to the Client, including all taxes and levies, delivery costs and customs duty.
The prices include VAT and any change in the statutory rate of this tax shall be reflected in the prices of the Products featuring on the Site, as of the date the new rate comes into effect.
Should the Client use a bank card tied to an account denominated in a currency other than pounds sterling, the Client’s bank may charge currency conversion costs and bank costs, which must be borne by the Client in full. Should the Client decide to return the Products, these costs shall not be refunded.
Prices charged will normally be verified as part of the order confirmation. In case of an error in the price quoted for the Products at the time of the order, where a Product's correct price is less than the quoted price, you will be charged the lower amount. If a Product’s correct price is higher than the quoted price, we shall contact you to give you the option to either maintain your order while paying the right price, or to cancel your order.
CLAUSE 4: orders
4.1. Placing an order
By browsing the Site, Clients may obtain more information about the various Products that are on sale on the date of their visit.
When placing an order, Clients are guided to follow a series of straight-forward instructions featuring on the Site:
- To place an order on the Site, a Client must be at least 16 years-old, have the legal capacity to be bound by these T&Cs and hold a payment method as defined in clause 4.1 below.
- When browsing the Site, a Client who wishes to place an order may do so by clicking on the Product or on the [QUICK OVERVIEW] button, then clicking on the [Add to shopping CART] button located beside each Product shown; the Client’s ”Cart” shall then be displayed at the top right-hand-side of the screen, and shall list all the items that are included thus far in the order, the sum total to be paid for the Products (excluding delivery costs), as well as the product reference, picture and quantity of each item in the shopping cart. The Client may select further Products by continuing to browse the Site.
- To see what items are contained in your shopping cart at any point in time, click on the [SHOPPING CART] icon at the top right-hand corner of the screen. The shopping cart shall then be displayed on screen, showing all the items it contains, the total price to be paid, as well as the product reference, picture and quantity of the Products you have selected, the total price of the order and the delivery costs.
At this stage, the Client may change the colour (where available) or quantity of a Product, add it to his/her wish list or delete it from the cart. The sum total value of the order shall then be recalculated automatically.
Finally, the Client may also select free samples or gifts, insert a promotional code, contact the customer service or subscribe to the newsletter.
Clients should note that they may change their mind, modify their order, cancel it or add further Products at any point in time during the ordering process, until they confirm their order and pay for it.
In order to remove an item from the shopping cart, the Client must click on [REMOVE] on the right-hand side of the Product in the shopping cart. The sum total value of the cart shall then be recalculated automatically. If the Client has a promotional code, the Client should insert it at this stage, before payment. In order to do so, insert the code in the [INSERT YOUR PROMOTIONAL CODE] field located at the bottom of your cart. Once you have clicked on [USE THIS CODE], the corresponding discount for valid codes will automatically appear in your cart.
- Once the Client has finished selecting the Products, the Client may order them from the shopping cart by clicking on the [CONFIRM] button. At this point, a new web page shall be displayed, prompting you to login to your account or to continue as a guest.
- At the next step, the Client must input the delivery address in the form that is displayed. You must provide an address in the United Kingdom to which deliveries may be made during working hours, Monday to Friday, as well as your full name and e-mail address. Once the form has been filled in, click on the [PROCEED] button.
- At the next step, the Client must choose a payment method, provide banking or payment details and confirm the billing address (which may be identical or different from the delivery address). A summary of the order will then be displayed on the right-hand side of the screen, reiterating all the information concerning the order, including the type, quantity and the price of the Products, the sum total payable for the order (including delivery costs), your contact details, the delivery address and the billing address.
- After checking the status of their order, Clients shall be prompted: - to pay for their order; - or to change the characteristics of their order and/or their contact details by clicking on the “go back” button or on the NARS logo in the Site’s header.
- Before clicking on the [PAY MY ORDER] button, Clients are prompted to read and accept these T&Cs by ticking the appropriate box. Once the Client clicks on the [PAY MY ORDER] button, the Order Confirmation page shall be displayed. The sale shall be final (subject to the Clients’ right to withdraw in keeping with the terms of clause 6 of these T&Cs and Clients' statutory rights).
4.2. ORDER CONFIRMATION
Once the order has been confirmed by the Client and the payment has been approved in accordance with the procedures that are explained in clause 6 below, a summary of the order placed by the Client, listing all the Products ordered shall be displayed, and an e-mail confirming the order shall be sent to the Client (the “Order Confirmation”).
The confirmation e-mail sent by NARS shall set out the following details:
• the order number allocated by NARS when the Client placed their order;
• the order summary (identification of the Product(s) ordered, the quantity and the price);
• the total value of the order, including all taxes;
• the delivery costs;
• the delivery procedure for the Product(s) ordered (delivery method),
The cost of the order (including delivery costs) shall be taken when the Product(s) are dispatched. The Client shall thereupon receive an e-mail confirming the dispatch of their order.
Clients who require information regarding the status of their orders should log in to their account to follow their order status or contact our Customer Service unit in case of a problem by clicking firstname.lastname@example.org or on +442038100750 (Monday to Friday from 8AM - 8PM (UTC+1).
4.3 EVIDENCE of the order
Clients are advised to print out and keep their Order Confirmation for their records.
If necessary, Clients may request the electronic contract formed between them and NARS. To do so, they should contact our Customer Service unit on +442038100750 (Monday to Friday from 8AM - 8PM (UTC+1) or send us an e-mail to email@example.com, stating their contact details and the order number.
In general, NARS recommends that Clients keep a copy of all the e-mails concerning their orders. The Client is hereby informed that e-mails shall be sent to the e-mail address provided by the Client. NARS shall not be liable in case of a typing error in the e-mail address provided by the Client resulting in the Order Confirmation e-mail not being received.
Moreover, NARS shall keep the information concerning any order for a period of 7 years, said information being made available to the Client upon receipt of a request sent by the latter to contact@narscostmetics..
CLAUSE 5: RETENTION OF TITLE CLAUSE
The Product(s) ordered will be at the Client's risk from the time of delivery. Ownership of the Product(s) ordered will also pass to the Client on delivery, provided full payment of all sums due in respect of the Product(s), including any delivery charges, has been received.
CLAUSE 6: PAYMENT
6.1. METHOD AND MEANS OF payment
Payment must be made on the Site immediately at the time of placing the order, in pounds sterling and by bank card only (Visa, MasterCard, American Express) or PayPal. Any other method of payment shall not be accepted.
You hereby warrant to NARS that you hold all the requisite authorisations to use your chosen method of payment at the time of the approval of your order.
NARS shall have the right to cancel an order which has not been paid in full and the Client shall be informed of this by e-mail.
6.2 SECURE TRANSACTIONS
6.2.1 The order transaction shall be performed in keeping with all applicable banking security standards. In order to ensure the security of payments by bank card on the Site, Clients must disclose to NARS the security code (CVV) shown on the reverse of the bank card that they use to pay for their order.
The Client’s bank card shall then be debited after checking that their order meets all the terms of these T&Cs, and that the item(s) ordered are available, at the time when they are dispatched.
6.2.2 NARS uses a secure payment platform called ADYEN.
As part of the ongoing campaign against fraud over the Internet, information concerning a Client’s order may be transmitted to any third party that is duly empowered by law to check the identity of the Client, the validity of the order, the payment method used and the planned delivery.
Should the Client not respond to NARS’s request for additional information within fifteen (15) days, the credit card order shall immediately be cancelled, and the bank account that was debited at the time of placing the order shall be refunded as soon as possible.
CLAUSE 7: DELIVERY AND RECEIPT
7.1. DELIVERY TERMS AND costs
The Products that are ordered may only be delivered to United Kingdom (excluding islands).
Once the order has been prepared, it will be dispatched to the postal address provided by the Client upon placing the order.
An e-mail will be sent to the Client when the order is dispatched.
Clients are advised to print out this e-mail in order to keep track of their order.
Clients shall then have the possibility to monitor the progress of their delivery on the Site by clicking on the “My account” link at the top of the screen, and keying in the e-mail address and password that they provided at the time of placing the order, or through the “order status” link available at the bottom of each page of the Site. The Product(s) ordered by the Client shall be delivered to the delivery address indicated in the order confirmation e-mail.
Delivery costs and timescales as of the dispatching of the order:
'Working day' means Monday through Friday, except bank or public holidays.
|Shipping Method||Standard Shipping||Express Shipping|
|Country||Shipping Cost||Delivery Time (excluding processing time)||Shipping Cost||Delivery Time (excluding processing time)|
|Ireland||5,95 €||5 working days||11,00 €||3 working day|
Delivery is free for orders for £50or above. Orders eligible to free delivery will be sent by standard delivery.
Given that the orders are delivered by a third party service provider, NARS hereby disclaims, to the fullest extent permitted by law, all liability for the delayed performance or the improper performance of this obligation if this arises from the Client’s own fault or from the unpredictable or impossible to prevent acts of a third party to the contract or from force majeure.
In any event, the order must be delivered within thirty (30) days following the day after that on which the Client placed their order, subject to full payment of the price.
Should the order not have been delivered within this timeframe, the Client shall have the right to cancel their order in keeping with the terms of clause 7.2 below. The moneys paid by the Client shall then be refunded.
7.2 late delivery
The Clients must inform NARS about any delay in the delivery of their orders you are aware of as soon as possible by calling the Customer Service on +442038100750 (Monday to Friday from 8AM - 8PM (UTC+1)) or by sending an e-mail to firstname.lastname@example.org in order to enable NARS to take the requisite steps with the postal or courier services involved.
Should NARS fail to deliver the Products within a reasonable period following the Client’s email and at the latest thirty (30) days after the order, the Client may cancel his/her order by calling the Customer Service on +442038100750 (Monday to Friday from 8AM - 8PM (UTC+1)) or by sending an e-mail to email@example.com.
Once a Client has exercised their cancellation right, NARS shall refund the price of the order to the bank card or account that was used to place the order, as soon as possible and in any event within 14 (fourteen) days following receipt of the Client’s request for cancellation.
No partial deliveries shall be performed.
7.3 RECEIPT OF THE PRODUCTS
Each delivery shall be deemed to have been performed once the Client or a third party designated by the Client has taken physical possession of the Product(s), with signature of the delivery note where available.
It is the Client’s responsibility to check that the Products that are delivered comply with the order and are in good condition when they are received.
In case of damaged or missing items, Clients must promptly notify the carrier, on the carrier’s form where available and providing a reasonable level of detail. In any case, the Client shall also contact the Customer Service unit of NARS by sending an e-mail to firstname.lastname@example.org without undue delay.
CLAUSE 8: right to withdraw AND RETURN POLICY
8.1. statutory right to withdraw
The Client has a cooling off period at any time before the order is delivered and up to fourteen (14) days afterwards, during which they may return any Product(s) ordered.
Clients have a legal obligation to take reasonable care of the Product(s) while in their possession. If a Client fails to comply with this obligation, we may have a right to deduct the cost of any deterioration (due, for example, to the Client having used the Product(s)), up to the price of the Product(s), from the refund to which the Client is otherwise entitled. The Product(s) must be sent back in the same condition in which the Client receives them (which does not interfere with Clients' right to take any reasonable steps to examine the Product(s) and make sure they conform to the order) according to the return procedure described in clause 8.3 below or together with the withdrawal form shown below or an clear indication informing NARS that you want to return the Products, to the following address: email@example.com.
Products must be returned according to the procedure described in clause 8.3 below.
However, in accordance with applicable laws, we do not accept returns and refunds of Product(s) if the Product(s) were personalised on request, or if the Product(s) have been opened / unsealed by the Client and cannot be returned for reasons of hygiene (which is notably the case for cosmetics).
Subject to compliance with the return procedure described herein, NARS undertakes to refund all the moneys paid by the Client, including the standard delivery costs.
8.2 cost of returning the PRODUCTs
The cost of returning the Products shall be borne by the Client, save where the Products that were delivered do not comply with the order (in which case these costs shall be borne by NARS).
However, pursuant to clause 8.3 below NARS offers to cover the cost of returning the Products even when the Client invokes his/her right of withdrawal.
8.3 THE RETURNS AND REFUND PROCESS
In order to return a Product the Client must follow the following steps.
STEP 1 – Contact Customer Service or login to you Client account
- You can contact the Customer Service team +442038100750 (Monday to Friday from 8AM - 8PM (UTC+1)) by e-mail to contact@narscosmetics.
- You can also make a return request on the Site by connecting to your Client account.
STEP 2 – Return the Product(s)
You can initiate a return request up to 14 working days after receiving the Products and ask for a refund. The money shall be refunded through the same payment method as the one used for the order. You must return the Products in their original condition within 14 days.
Please follow the following steps in order to return NARS Products:
- Make an online return request by clicking on “Create a return” from the page detailing your initial order, accessible from your Client account. You can also click on “Order status” at the bottom of each page of the Site, if you do not have an account.
- Once the return is created, print the return form from the confirmation page and put it in your parcel.
- From the same page, print your prepaid return label.
- From the same page, plan a meeting with our transporter (DHL), for the collection of your parcel.
- Place the Products you wish to return in their original packaging where possible, or otherwise other suitable packaging and ensure that the parcel is correctly sealed.
- Stick the prepaid return label on the parcel and ensure that no previous delivery label is still visible.
- Give the parcel to our transporter (DHL) at the agreed meeting time.
You can also contact our customer service by phone +442038100750 (Monday to Friday from 8AM - 8PM (UTC+1)) or by clicking [here].
Please ensure that you obtain proof of sending when you return the Products to us. We recommend that you keep your proof of sending to cover for the unlikely event that we do not receive the returned parcel. We cannot accept any liability for Products being returned that are lost in transit. You are advised to take out enough postal/carriage insurance to cover the value of the contents. Please save your proof of posting/despatch and tracking information until your refund has been processed. You will be responsible for the cost and risk of returning the Product(s), except when using the provided prepaid return label.
If the Products are not eligible for return, we shall be under no obligation to accept the returned Products nor to issue you any refund. We shall not be liable for any delivery costs in returning the Products to you if we reject them. If you would like the Products returned to you when we cannot accept a return, you must organise the collection and delivery of the Product(s) to your address at your expense within 28 days, or we shall not be under any obligation to keep the Products for you.
STEP 3 – Processing of the refund
Moneys will be refundedusing the same method originally used by you to pay for your purchase and within fourteen (14) days maximum following our receipt of the returned Products or, if earlier, following the day on which we receive evidence that you have returned the Product(s) to us, provided that you shall have returned the Products in their original condition in due time.
You will be refunded the price paid in full (subject to any deduction the are entitled to make due to your use of or damage to the Product(s) as set out above), including the cost of standard delivery. However, you will not be refunded your cost of returning the Product(s) (but please note, we provide a prepaid return label should you wish to use it). If you received any promotional or other discount when you paid, any refund will only reflect the amount you actually paid.
You shall receive a notification from our Customer Service team by e-mail informing you about the completion of your refund.
Our returns policy only applies to purchases made online on the Site. We are not able to accept returns of Products bought in a partner store.
CLAUSE 9: STATUTORY WARRANTIES
We do not exclude or limit any warranty implied by law that it would be unlawful to exclude or limit.
CLAUSE 10: LIABILITY IN RELATION TO THE SITE
NARS hereby disclaims liability for any inconvenience or damage arising from the Client’s use of the Internet network, such as breakdowns of the service, external intrusions or the presence of computer viruses and unavailability of the Site due to maintenance operations, technical failures, force majeure events or any other circumstance beyond NARS’s control.
NARS shall not be liable for non-material mistakes.
NARS shall not be liable if the customer service is unavailable due to events beyond NARS’s control, including in case of a technical failure, interruption of the telephone or internet networks, equipment failure etc.
We are responsible to you for foreseeable loss and damage caused by us. Loss or damage may be foreseeable if it is obvious that it will happen. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or for breach of your legal rights in relation to the products. We are not liable for business losses. We only supply the products for domestic and private use.
CLAUSE 11: CAPACITY
All Clients must be at least 16 years old and have the capacity to be bound by these T&Cs to place an order on the Site.
CLAUSE 12: PRIVACY
CLAUSE 13: FORCE MAJEURE
NARS shall be under no liability for any delay or failure to deliver Products if the delay or failure is wholly or partly caused by circumstances beyond our control.
CLAUSE 14: SEVERABILITY
Should one or more of the provisions of these T&Cs be considered invalid or be declared as such in application of a law or a regulation, or pursuant to a final ruling by a court or authority that has jurisdiction, the other provisions shall remain fully valid.
CLAUSE 15: LACK OF AN IMPLIED WAIVER
If either you or we do not enforce any part of these T&Cs, that party is not prevented from enforcing that part of these T&Cs at any other time.
CLAUSE 16: HEADINGS
In case of differences of interpretation between any of the titles of the clauses and any of the actual terms of these T&Cs, the titles shall be deemed to be null and void.
CLAUSE 17: MAKINGchanges to these T&Cs
NARS shall be entitled to modify these T&Cs at any point in time. Any new version of these T&Cs shall be announced in advance on the Site. The version that is published online on the Site shall always take precedence over all the other versions of these T&Cs. However, the applicable T&Cs are those accepted by the Client at the time of placing the order.
CLAUSE 18: INTEGRAL NATURE OF THIS AGREEMENT
These T&Cs and the order summary sent to the Client shall form a contractual whole comprising the entire agreement between the Parties.
CLAUSE 19: LANGUAGE
These T&Cs of the Site are hereby drawn up in English.
The entire content of the Site is accessible in English only.
CLAUSE 20:applicable law – settlement of disputes
These T&Cs shall be governed by English law, except that if the Client lives in Scotland or Northern Ireland, there may be certain mandatory applicable laws of the Client's country which apply for the Client's benefit and protection in addition to or instead of certain provisions of English law.
The Client agrees that any dispute between you and us regarding these T&Cs or any order will only be dealt with by the English courts, except that if the Client lives in Scotland or Northern Ireland, the Client can choose to bring legal proceedings either in the Client's country or in England, but if we bring legal proceedings, we may only do so in the Client's country.