Terms & Conditions | Terms & Conditons of Sale
1- Scope and acceptance of General Terms of Sale
The site www.clarins.com.hk (hereinafter referred to as the “Site”) is an e-commerce site accessible via the Internet network at the address www.clarins.com.hk. It is open to any user of the network (hereinafter referred to as “User”). It is published by the company Clarins Limited (hereinafter referred to as the Vendor), a company incorporated in Hong Kong under company number 370534, 33/F, Manhattan Place, 23 Wang Tai Road, Kowloon Bay, Hong Kong
It is hosted by:
CLARINS Limited
33/F, Manhattan Place, 23 Wang Tai Road, Kowloon Bay, Hong Kong
Phone : 29957210
The Site enables the Vendor to offer cosmetics and perfume products (the “Products”) for sale to Users browsing on the Site. Under these General Terms of Sale, it is agreed that the User and Vendor shall be jointly referred to as the “Parties”, and individually as a “Party” and that a User who has confirmed an order shall then be referred to as the “Customer”.
The rights and obligations of the User shall automatically apply to the Customer.
Any order by the Customer of Products offered on the Site confirms express acceptance of these General Terms of Sale.
The User may not modify but may make a backup copy or print these General Terms of Sale.
The Vendor reserves the right to change these General Terms of Sale without notice and at any time, with any modifications not applying to reservations and orders already accepted and confirmed by the Customer.
These General Terms of Sale shall apply to the exclusion of any other document.
2- Registration and account security
To register with the Site, the User must be :-
(i) over eighteen (18) years of age; and
(ii) capable of entering into legally binding contracts.
The User is required to register before placing any order through the Site. During the registration :-
(i) the User must provide the Vendor with accurate, complete and up to date registration information; and
(ii) the User authorises the Vendor to assume that any person using the Site with the User’s username and password is either the
User or is authorized to act by the User.
The User is responsible for safeguarding his/her username and password that he/she uses to purchase the Products and for any activities or actions under his/her password. The Vendor cannot and will not be liable for any loss or damage arising from the User’s failure to comply with the above requirements.
The Vendor has the absolute discretion to refuse registration of a User and to terminate the registration of any Customer for any reason whatsoever.
The User must inform the Vendor’s Customer Services at customercare.hk@clarins.com, or self-update the User’s information in www.clarins.com.hk, immediately of any changes to the profile information that the User provided so that the Vendor can communicate effectively with the User.
The User shall be liable for every order made under login and agrees to indemnify the Vendor for all claims, damages whatsoever made by any third party arising from the actions of a person placing orders through the Site using the User’s login.
Should the User find any unauthorised use of login, he/she shall notify the Vendor immediately.
3- Product sold on the Site
Only the Vendor offers the Products on the Site.
All offers of the Products by the Vendor, including special promotions, are valid for as long as they are visible on the Site.
4- Prices of Product for sale on the Site
All Product prices listed are in Hong Kong Dollars (HKD$) and are invoiced at the price in force when the order is accepted.
The price does not include shipping charges, which are invoiced in addition to the price of the purchased Products, according to the total amount of the order. Shipping charges will be shown before the User confirms the order.
5- Orders
All orders constitute full and unreserved acceptance of these General Terms of Sale.
The Customer accepts that the Vendor's order registration system constitutes evidence of the order and its date.
Each order is limited to 10 Products. In addition, within each order, no more than 5 articles of any single Product may be ordered.
When the order is placed by the Customer by clicking on the “Submit Order” button, the Customer declares that he/she makes the order subject to these General Terms of Sale. A summary of the order can be printed.
Once the order has been registered by the Vendor, a detailed acknowledgement of the order is sent to the Customer at the registered e-mail address of the Customer.
This acknowledgement will specify the exact amount invoiced and details of delivery in response to the order.
This acknowledgement is acceptance of the order and confirms the transaction, subject to availability and order payment always provided that in the event of one or more ordered Products being unavailable, the Customer will be notified by e-mail. In that event, the amount of the order will be recalculated and the Customer will be debited the new amount, with the price of the unavailable Products deducted. If the whole order is unavailable, it shall be cancelled and the Customer will be notified by e-mail and will not be debited.
6- Cancellation
At any time before the Vendor has completed the processing of the order :-
6.1 The Vendor may cancel an order if the Product is not available for any reason or any other reasons which would prevent the fulfilment of the order. The Vendor will notify the Customer in this case.
6.2 The Customer may cancel the order by contacting our Customer Services. However, if Customer Services informs the Customer that the processing of the order has been completed, the Customer cannot cancel and the delivery will be fulfilled.
All such cancellation of orders already paid for by the Customer will be refunded in accordance with the original payment method.
The Vendor does however reserve the right to suspend or cancel any order placed by a Customer with whom a dispute exists regarding the payment of a previous order.
7- Return / Refund
The Customer may return his/her Products and obtain a full refund if the Products in his/her order are damaged or defective upon receipt, or if the Products received are not the Products originally ordered.
Any returned and unused Products purchased on the Site must be returned within 14 days of the shipment date. The returned Product must be unopened and returned in its original packaging, with all the accessories and inserts. If the Products ordered appear damaged, spoiled, or not in good condition, the Customer can contact the Vendor’s Customer Services at (852) 29946238 / customercare.hk@clarins.com.
If a boxed Beauty Set is being returned, all Products in the Set must be returned and if the Customer’s order contained a Gift with Purchase (“GWP”), the GWP must also be returned. If the GWP is not returned with the original Product, the refund will not be processed.
Products must be returned prepaid. The Vendor is unable to accept C.O.D. deliveries.
Shipping costs are non-refundable.
Upon verification and confirmation by the Vendor of the Customer’s eligibility for a refund, the refund amount will be made via the original payment method.
8- Exchange
The Customer may (a) exchange his or her Products or (b) obtain a full refund if the Products in his or her order are damaged or faulty upon receipt, or if the Products the Customer have received are not the Products the Customer originally ordered.
(a) Exchange:
When the Customer chooses to exchange damaged or faulty Products or incorrect deliveries, the Vendor will dispatch replacement items to the Customer free of charge provided the Customer first return the Products in his or her order to the Vendor in the condition in which the Customer received them.
(b) Refund:
When the Customer chooses refund and corresponding return of damaged, faulty or incorrect orders and provided the Customer first return the Products in his or her order to the Vendor in the condition in which the Customer received them, the Vendor will according to the original payment method used to make the online purchase refund :-
a) the full purchase price; and
a) the full purchase price; and
b) the delivery charges incurred in delivering the Products to the Customer (where only part of an order is returned to the Vendor, the Vendor may reduce the amount of the delivery charge the Vendor refunds to the Customer to account for the delivery costs of those items sent to the Customer and not returned); and
If the Customer fails to return such refund Products to the Vendor, the Vendor may not commence and proceed with the refund process.
To obtain a refund from or exchange of the Products by the Vendor, please return Products within fourteen (14) business days from the delivery date or, where applicable, from the discovery of the defect.
The above provisions do not affect any of the Customer’s other statutory rights.
9- Instructions for returning
Please attach photos of the returned Products as proof when providing the information. Once the case is accepted for handling by our Customer Services, the Customer is required to send back the Products to the Customer Services for verification
Whatever the reason for returning Products to the Vendor, the Customer shall observe the following instructions in order to facilitate processing of the return:
Contact Customer Services at customercare.hk@clarins.com for further instructions.
Any risk related to the return of Products is borne by the Customer.
10- Non-Refundable Product
Exchange or refund of a Product will not be made in the following cases:
- Any Product which has not been the subject of an order
- Products purchased more than 14 days previously
- Where the related Products for refund/exchange are not returned by the Customer
- Any gifts or trial pack or samples
- Product packaging is not intact or is damag
- Any Product rejection due to personal preference
- In case of dispute, the Vendor reserves the right of final decision.
11- Payments
Payment can be made by credit cards (Visa, Mastercard or American Express), PayPal or Alipay. By using and verifying a credit card, the Customer confirms that the card being used is the Customer’s. The amount payable will be debited from the Customer’s account when the Customer’s order is accepted by the Vendor. All credit card holders are subject to validation checks and authorization by the card issuer. If the issuer of the Customer’s credit card refuses to authorize payment to the Vendor, the Vendor shall postpone delivery and contact the Customer. In that case the Vendor shall not be liable for any delay or non-delivery. Credit card details will be processed by means of an SSL (Secured Socket Layer) connection. The Vendor shall not be liable for any misuse of information by third parties.For Alipay payments, payment will be debited immediately when the order is placed. For all other payments, payment will only be debited and cleared from the Customer’s account once the Customer’s order has been accepted and dispatched.
The Vendor accepts payment by Visa, MasterCard, JCB, Alipay and Paypal for purchase via the Site. Under Credit Card Purchase Protection service, e.g. VISA verification service, Master Card Secure Code, the Customer can enjoy safe and secure shopping by using the Customer’s own credit card with specific password or security code. Credit card used for shopping should be valid and under the Customer’s own name. The Vendor shall not be liable for any credit card fraud. All payment methods require the Customer to pay first before delivery. No “Cash on Delivery” is allowed.
All orders are payable in Hong Kong Dollars.
To provide a secured online commerce transaction, the Vendor employs Internet’s Secure Sockets Layer (SSL) technology. It encrypts the Customer’s personal information, including credit card number, name and address, so that it would not be read when the information travels over the Internet. To check SSL Certificate information, the Customer can right click the www.clarins.com.hk and choose “Properties” & “Certificates”.
The Vendor may from time to time set credit limits for individual Customers and reserves the right to limit sales including the right to decline sales to any Customers.
Full payment in respect of an order must be made upon the placing of the order. If the Customer’s payment cannot be processed, the order will not be accepted and the Customer is advised to contact the card issuer to resolve any problem concerning the use of his/her credit card in order to continue with the order.
The Vendor reserves the right to change the payment terms for any order without prior notice.
The Vendor reserves the right to change the payment mode for Products offered online at any time by announcement via website, email and/or any other means of public communications.
If payment for any order has already been made but the order is not accepted by the Vendor, the Customer will be entitled to a refund via the original payment method. The Vendor shall not be liable with respect to any loss, damage, cost or expense that the Customer or any person may incur as a result of any delay in processing the said refund.
The Customer warrants to the Vendor that he/she has been granted any authorizations required to use his/her chosen method of payment, when making an order.
In the event of non-payment of any amount owed by the Customer, or of any adverse payment circumstances, the Vendor reserves the right to suspend or cancel any order and/or delivery, whatever their nature or state of progress.
Charges on any unpaid amount will be automatically incurred at the legal interest rate plus 5 percent following a period of ten days from the invoice date, or immediately after notification of rejected bank payment for all other means of payment. As part of the measures taken to prevent fraud over the Internet, information concerning the Customer’s order may be sent to any competent authority for verification.
12- Order Delivery
The Products will be delivered to the address provided by the Customer when placing their order according to the available method of delivery selected by the Customer.
After the order is accepted and payment is confirmed, the Vendor will deliver the Products to the Customer in 1-3 working days for areas other than Tung Chung, Chek Lap Kok and the Hong Kong International Airport to any of which the Products will be delivered within 5-7 working days. The decision of the Vendor as to the precise identity of the places named shall be final.
Estimated Delivery Date
Any estimated delivery date is subject to alteration by virtue of any applicable operational or unpredictable causes such as but without limiation, the raising of typhoon signal no. 8 or system error. In such event, the vendor will contact the Customer to reschedule the delivery time.
Delivery Charges
Delivery is free for orders HK$600 or more.
For purchases less than HK$600, a delivery fee of HK$30 shall apply.
Delivery
Delivery is available on Hong Kong Island, Kowloon and the New Territories, except Big Wave Bay, Shek O, Lo Wu, Lok Ma Chau, Cheung Chau, Discovery Bay, Lamma Island, Ma Wan, Peng Chau, Tai O Island, Siu Ho Wan, Disney, Po Toi Island and Lantau Island (apart from Tung Chung, Chek Lap Kok and the Hong Kong International Airport) – see above. The decision of the Vendor as to the precise identity of the places named shall be final.
Delivery is not available to places that cannot be reached directly by transport vehicles, or buildings without a functioning lift to the 3/F or above.
Please note that all Products will be delivered as scheduled to the best of the Vendor’s ability. The Vendor aims to deliver the Products when there is somebody in the delivery address. The Vendor cannot accept responsibility for Products left outside at the Customer's request.
Delivery service will be suspended if a typhoon signal No.8 is raised or a black rainstorm warning is in effect. In this event, the Customer will be contacted to re-schedule the delivery time.
The Vendor reserves the right to charge an additional delivery fee if somebody is not available to accept delivery at the nominated delivery time.
It is the Customer’s responsibility to notify the Vendor immediately of any change to the Customer’s delivery address. The Vendor reserves the right to decline delivery of Products to any Customer at the Vendor’s sole discretion absolutely.
13- Retention of title
All Products remain the exclusive property of the Vendor until such a time as payment of the sale price, including the principal, extra costs and taxes has been made in full.
14- Liability
Except for cases of special price offers not intended to lower stock levels, the Vendor cannot be held liable for non-fulfilment of orders
due to stock shortages or in the event of Product unavailability due to force majeure.
The Vendor accepts no liability for:
- any interruption to the Site;
- any incidences involving bugs;
- any damage resulting from a fraudulent intrusion by a third party, causing any change to the information made available by the Vendor on the Site;
- more generally, any direct or indirect damage, whatever the cause, origin, nature or consequences, including in particular any loss of profit, customers, data or any other loss of intangible goods that may occur as a result of the access by any person to the Site or the impossibility of accessing the Site or any credit accorded to any information directly or indirectly coming from it.
15- Intellectual property
In accordance with legislation governing the ownership of literary and artistic rights, or other similar rights, this Site and all the elements, brands, drawings, models, photographs, texts, illustrations, logos, sequences whether animated or not and with or without sound, graphics, etc., to be found in the Site, together with their compilation, are the exclusive property of the Vendor, which it does not grant any license or any entitlement other than that of visiting the Site. Any use or reproduction, in whole or in part, of these elements is authorized exclusively for information purposes and only for personal and private use. Any reproduction and any use of copies made for other purposes is expressly prohibited. Neither the Site (in whole or in part), nor its content or brands may be used, reproduced, duplicated, sold, resold, made accessible, modified or exploited in any other way, in whole or in part, for any purpose whatsoever, without prior, written authorization from the Vendor.
Any other use constitutes infringement.
16- Applicable law
The sales of Products of the Vendor are subject to Hong Kong law.
17- Data processing and Civil liberties
The data collected will be processed for the purpose of sending out a newsletter and/or processing the Customer’s order.
The recipients of the data are the Vendor and its service providers.
The Customer has the right to access, change, correct and delete personal information concerning him/her by contacting the Vendor by email, customer.service@clarins.com.hk.
