Date of Last Update: March 1st, 2018
Welcome to our Clinique UK web site (the "Clinique UK Site" or the "Site").
Estee Lauder Cosmetics Limited ("Clinique UK Online", "we", "us" or "our") provides the services available on the Site to you subject to the following terms and conditions (the "Website Terms").
Estee Lauder Cosmetics Limited`s address and registered office is One Fitzroy, 6 Mortimer Street, London, W1T 3JJ; registered in England and Wales with company registration number 659213; VAT registration number GB 193-0816-58.
Please read the following (along with our Privacy and Cookies Policy) carefully to understand our views and practices regarding your use of the Site. By visiting www.clinique.co.uk you are accepting the Website Terms and accepting and consenting to the practices described in the Privacy and Cookies Policy.
Please note that if you visit one of our other regional Sites, you are subject to the terms and conditions applicable for that Site and we suggest that you consult such terms and conditions.
1. USE OF OUR SITE
We aim to update our Site regularly, and may change the content at any time. If the need arises, we may suspend access to our Site, or close it indefinitely.
2. LIMITED LICENCES
In relation to all content available on the Site, including, but not limited to, text, graphics, logos, and buttons, we grant you a limited, revocable, and non-exclusive licence to access and make personal use of the Site. This limited licence does not include the right to: (i) frame or utilise framing techniques to enclose the Site or any portion thereof; (ii) modify or download the Site or its contents (except caching or as necessary to view content); (iii) make any use of the Site or its Content other than personal use; (iv) create any derivative work based upon either the Site or its Content; (v) collect account information for the benefit of another party; (vi) use any meta tags or any other "hidden text" utilising our name or the Trade Marks; or (vii) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
We also grant you a limited, revocable, and non-exclusive licence to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to our Site (i) may link to, but not replicate, our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content that is lawful and appropriate for all ages; (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; (vi) may not use any Trade Mark without express written permission; and (vii) may not link to any page of the Site other than the home page. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link. Any unauthorised use by you of the Site terminates the limited licence set forth in this clause 2 without prejudice to any other remedy provided by applicable law.
3. YOUR OBLIGATIONS AND RESPONSIBILITIES
In the access or use of the Site, you shall comply with these Website Terms and the special warnings or instructions for access or use posted on the Site. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Website Terms, if you default negligently or wilfully in any of the obligations set forth in these Website Terms (including our Privacy and Cookies Policy), you shall be liable for all the losses and damages that this may cause to us or our affiliates, partners or licensors.
4. YOUR ACCOUNT
You are responsible for ensuring that the personal information which you are required to provide when you register is true, accurate and current in all respects. See our Privacy and Cookies Policy regarding the treatment of your personal information.
You are responsible for ensuring that the personal information you provide to us is up to date. If your personal information changes then please notify us immediately by contacting Customer Services on 0800 054 2666 or email email@example.com.
You are responsible for maintaining the confidentiality of your account and password and for taking all reasonable measures to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your password has become known to somebody else, or is likely to be used in any way that is unauthorised by you, you should contact us immediately. If you forget your password we will reset it upon your request and send it to the email address, which you specified when you registered. Your account can be cancelled at any time by contacting Customer Services on 0800 054 2666 or email firstname.lastname@example.org.
You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use. We reserve the right to refuse service and/or terminate accounts without prior notice if you violate these Website Terms or if we decide, in our sole discretion, that it would be in our best interests to do so.
5. INTELLECTUAL PROPERTY
All content available on the Site, including, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation thereof (collectively, the "Content") is the property of us or our affiliates, partners or licensors, and is protected by copyright laws. The trade marks, logos, and service marks displayed on the Site (collectively, the "Trade Marks") are the registered and unregistered marks of us or our affiliates, partners or licensors, and are protected by trade mark laws. All other Trade Marks not owned by us or our affiliates, partners or licensors that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
Except as set forth in the limited licence in clause 2 above, or as required under applicable law, neither the Content, the Trade Marks, nor any other portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent
6. THIRD PARTY LINKS
We are not responsible for the content of any off-Site pages or any other sites linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-Site pages or other sites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-Site pages or any other sites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and sites, including, without limitation, their privacy statements and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-Site pages and other sites that you visit.
It is our policy to decline unsolicited suggestions and ideas. Any solicited or unsolicited enquiries, feedback, suggestions, ideas or other information you provide us (collectively, "Submissions") will be treated as non-proprietary and non-confidential. Subject to the terms of our Privacy and Cookies Policy, by transmitting or posting any Submission, you hereby grant us a non-exclusive, royalty-free, perpetual, transferable, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute, and display any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that your submission may not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.
If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam". You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from or in connection with your claims to any rights in any Submission.
8. REPRESENTATIONS AND WARRANTIES; LIMITATION OF LIABILITY (RELATING TO THE USE OF THIS SITE)
The provisions of this clause 8 relate to the use of this Site only and do not affect the statutory rights of consumers or any other rights granted by us in connection with the purchase of our goods on this Site (including under the Clinique UK – General Terms and Conditions for Online Product Sales).
The material displayed on our site is provided on an "as is" basis without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third-party claim, action, or demand resulting from any unauthorised use of the Site by you. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
If you have any questions regarding these Website Terms please contact us by email at email@example.com or write to us at Clinique Online Customer Services, Constellation House, 3 Kite’s Croft Business Park, Warsash Road, Fareham, Hants, PO14 4FL.
11. CHANGES TO WEBSITE TERMS
We reserve the right, in our sole discretion, to change the Website Terms at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. Your continued use of the Site constitutes your agreement to all such Website Terms. We may, with or without prior notice, terminate any of the rights granted by these Website Terms. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.
No failure to exercise and no delay on our part in exercising any of our rights, remedies, powers or privileges under these terms and conditions and no course of dealing between us shall be construed or operate as a waiver, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege on our part.
13. LAW, JURISDICTION AND LANGUAGE
This Site, any content contained herein and any contracts entered into as a result of usage of this Site are governed and construed in accordance with the laws of England and Wales. The parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.
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Clinique UK – GENERAL TERMS AND CONDITIONS FOR ONLINE PRODUCT SALES
Date of Last Update: March 1st, 2018
Welcome to our Clinique UK web site (the "Clinique UK Site" or the "Site").
By placing an order with Estee Lauder Cosmetics Limited ("Clinique UK Online", "we", "us" or "our") for products which are sold on the Site ("Products") you will be deemed to have read, understood and agreed to these Terms and Conditions ("Terms and Conditions"). Please read these Terms and Conditions carefully and, if you are unhappy with any aspect of these, then you should contact one of our customer service advisors before placing an order with us.
We amend these Terms and Conditions from time to time. Please look at the top of these Terms and Conditions to see when these Terms and Conditions were last updated. Every time you order Products from us, the Terms and Conditions in force at the time of your order will apply to the contract between you and us. If we have to revise these Terms and Conditions and this has a material impact on 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.
1. ABOUT Clinique
Estee Lauder Cosmetics Limited's address and registered office is One Fitzroy, 6 Mortimer Street, London, W1T 3JJ; registered in England and Wales with company registration number 659213; VAT registration number GB 193-0816-58.
2. OTHER POLICIES
The following additional policies (which can be accessed by clicking on the link below) also form part of these Terms and Conditions and should be read carefully before placing an order:
3. OUR CONTRACT WITH YOU
We will notify you by email as soon as possible to acknowledge receipt of your order and to provide you with an order number. If we are unable to fulfil your order following this acknowledgement, we will contact you by email or telephone advising you of this. We will confirm acceptance of your order by sending you an email that confirms that the Products have been dispatched ("Dispatch Confirmation"). A legally binding contract between us will be formed when we send you the Dispatch Confirmation (or, in the unlikely event that a Dispatch Confirmation is not sent due to a processing error, when we dispatch the Products to you) ("Contract"). If you require any information concerning your order please email us at [email address] quoting your order number. We may not accept your order if an item you have ordered is out of stock, if we have identified a Product or pricing error or if we are unable to obtain authorisation for your payment. Please note that we reserve the right to reject any offer to purchase by you at any time.
If you wish to make a change to the Products you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the Contract (please see clause 5 below).
4. PURCHASE-RELATED POLICIES
The Products and services available on the Site, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the Products or services, or samples thereof, you purchase or otherwise receive from us. Please note that samples are subject to availability. We reserve the right, with or without notice, to cancel or reduce the quantity of any orders that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.
5. CANCELLATION RIGHTS
We hope that you are delighted with your order, however, because you are a consumer and have purchased your Product online, you have a legal right to cancel your Contract under the Consumer Contracts Regulations 2013 from the date of the Dispatch Confirmation (the date on which we email you to confirm our acceptance of your order) until the date which is 14 days after you receive the Products. 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.
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. A copy of the cancellation form may also be included in hard copy form with your order packaging. In addition, you can contact our Customer Services Team on 0800 054 2666 or by email at firstname.lastname@example.org. If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation form by email or by post, then your cancellation is effective from the date you send us the email or post us the letter.
If you cancel your Contract we will:
Exchanges. If you indicate in your cancellation request that you would rather receive an exchange than a refund then this will be processed within 7 working days of receiving your returned goods and will be delivered via standard delivery. In these circumstances a new Contract will be deemed to have been formed between us in relation to the new Product you have selected (and your various rights of cancellation and return as set out herein will apply to that Product). In the event that we are not able to satisfy your request for an exchange then we will refund you the cost of the Product and the original Contract between us will be cancelled.
If a Product has been dispatched to you or you have received them before you decide to cancel your Contract then:
If you cancel your order but do not send off such goods to us within 14 working days of notifying us of cancellation, we shall be entitled to withhold payment of any refund.
If you made your purchase through a partnered retail location, such as an airport or department store, then any return will need to be made in accordance with the returns/cancellation policy of the relevant retailer and should not be returned directly to us. Similarly, if you purchased products on the Clinique website or in a Clinique store, you must return them in accordance with the procedure outlined here and not directly to a partnered retail location.
6. YOUR OTHER STATUTORY RIGHTS TO RETURN PRODUCTS UNDER THE CONSUMER RIGHTS ACT 2015
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 (which are summarised in general terms below) are not affected by your right of return and refund in clause 5 above or anything else in these Terms and Conditions or elsewhere on this Site.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your Products your legal rights entitle you to the following:
7. OUR LIABILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
8. TRANSFER OF RIGHTS
We may transfer our rights and obligations under these Terms and Conditions to another organisation, and we will always notify you in writing if this happens, but this will not affect your rights or our obligations under these Terms and Conditions. You may only transfer your rights or your obligations under these Terms and Conditions to another person if we agree in writing.
In case of complaint about your online purchase, you may contact us by email at email@example.com or write to us at Clinique Online Customer Services, Constellation House, 3 Kite’s Croft Business Park, Warsash Road, Fareham, Hants, PO14 4FL.
10. LAW AND DISPUTES
These Terms and Conditions shall be governed and construed in accordance with the laws of England and Wales and proceedings may be brought in relation to the matters set out herein in the courts of England and Wales.
According to EU Regulation no.524/2013 on online dispute resolution for consumer disputes, you may refer disputes to the EU Commission’s online platform available at: https://webgate.ec.europa.eu/odr/main/index.cfm
Likewise, you may refer disputes related to the sale of the Product to the following Alternative Dispute Resolution entity:
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