Conditions of Sale
These Terms will apply to any contract between us for the online sale of Products to you on our Website (“Contract”) to the exclusion of all other documents. Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our Website.
You should print a copy of these Terms or save them to your computer for future reference.
L’Oréal may update these General Conditions of Sale from time to time as set out below in clause 8. Every time you order Products from L’Oréal, please check these Terms to ensure you understand the terms which will apply at that time which will apply to the contract between us.
These Terms and any Contract between us, are only in the English language.
The Website enables L’Oréal to place the Products on sale to visitors of the Website (hereinafter the " “you” or “your”).
All orders for Products offered on the Website imply the consultation and express acceptance of these General Conditions of Sale, without said acceptance being contingent on you providing a hand-written signature. In accordance with the provisions of Regulations 9 and 11 of The Electronic Commerce (EC Directive) Regulations 2002 which govern the formation of electronic contracts in the United Kingdom, the recording and validation of the order form, as specified in Clause 6 (“Placing an Order”) below, constitutes the placing of an order between us for the purchase of the ordered Products.
1. INFORMATION ABOUT US
1.2. Contacting us:
a) If you wish to contact us for information or general queries relating to our products or because you have any complaints, you can contact us by telephoning our Customer Services team on 0800 5870830 or by emailing us at service@House99.co.uk.
b) If you are emailing us or writing to us please include details of your order to help us to identify it, including your order reference number (starting GB-EN…).
c) If we have to contact you or give you notice in writing, we will do so by email or pre-paid post to the address you provide to us in your order.
2. USE OF OUR WESBITE
2.2. You may only purchase Products from our Website if you are at least 18 years old.
3. OUR PRODUCTS
3.2. The Products L’Oréal offers for sale are those listed on the Website, on the date you consult the Website, within the limit of available stock and subject to these Terms, and under the following restrictions: due to transportation constraints, aerosols are not available for sale; products containing alcohol (perfumes) are limited to a volume of 200ml per parcel.
3.3. The images of the Products on our Website are for illustrative purposes only. While every effort is made to ensure that the shade of the House99 products for which photos are displayed on www.House99.co.uk is an accurate representation of the original products, variations may occur, in particular due to technical limitations in reproducing colour using information technology. The images that illustrate the Products do not fall within the scope of the Contract and L’Oréal may not be held liable for errors or inaccuracies in photographs or graphics showing House99 products that are presented on www.House99.co.uk.
3.4. The packaging of the Products may vary from that shown on images on our Website.
3.5. Product Availability:
Products are offered subject to availability. If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our Website, we will not process your order. If you have already paid for the Product, we will refund you the full amount of the Product as soon as possible. If none of the items ordered are available we will also refund any delivery costs charged as soon as possible.
3.6. No substitute product will be sent to replace the unavailable product.
3.7. L’Oréal may not be held liable if Products are out of stock or unavailable.
3.8. Retention of title and risk: The Products ordered shall remain the property of L’Oréal until full receipt of the price by L’Oréal including all applicable delivery charges. If there is a payment incident or in the event of incomplete or partial payment, you undertake, at your cost, to return the Products received to L’Oréal at our first request.
On the effective date of delivery, the risks (in particular of theft or damage) concerning the Products delivered are transferred to you.
3.9. Samples and gift packaging: Any samples offered are subject to availability and will only be sent to addresses in the United Kingdom. Any samples provided by L’Oréal for you to try are for your personal use only.
3.10. Any gift packaging and gift messages options are subject to availability. You are entirely responsible and liable for any personal gift card message sent with any of the Products. L’Oréal shall not be responsible for any content on message that you send through the Website. You agree not to send personal gift card messages with content that is threatening, embarrassing, abusive, harassing, obscene, hateful or otherwise inappropriate.
4. PRICES AND PAYMENT
4.2. The price of a Product includes VAT at the applicable rate chargeable in the UK on the date of the order. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
4.3. The price invoiced to you is the price stated on the Dispatch Confirmation sent via e-mail by L’Oréal.
4.4. 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.
4.5. You accept L’Oréal's right to modify its prices at any time, however the Products will be invoiced on the basis of the tariffs in force when the order is recorded, subject to the availability of such Products. The tariff in force is that stated on the Website, unless there is a typographical error.
4.6. Our Website contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our Website may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect price.
All payments must be made immediately over the Internet. Unless the server is unavailable, you may pay with a credit or debit card. Visa, MasterCard and Maestro cards are accepted.
You will need to enter:
- the card number,
- the expiry date,
- the name of cardholder,
- the 3-digit safety code on back of card (Visa and MasterCard only).
Banking transactions will be carried out in a secure manner by the Cybersource Internet Payment banking group.
L’Oréal reserves the right to refuse all orders or deliveries if the limits stated in Clause 4.1 above are exceeded, if there is an existing dispute with you, in the event of total or partial failure to pay for a previous order by you, if credit/debit card payment authorisation is refused by the banking organisations, or in the event of total or partial failure to pay.
As part of the fight against online fraud, information concerning orders will be checked by L’Oréal's designated payment partner: Cybersource Internet Payment banking group.
In the case of a preparation delay longer than 4 days, the amount due will be automatically captured for credit cards payments. The Paypal payments method are captured immediately when the order is confirmed.
If the product is unavailable or the order cancelled for any other reason. In case of a cancellation of your order, our Customer Care will refund in the original payment method within an average of 2 days and less than 14 days according to the European law applicable. The customer will be notified at the email address used when placing the order.
5. PLACING AN ORDER
5.2. If you wish to place an order, you need to choose the various Products that are of interest, and confirm said interest by clicking on the "Add to basket" button.
Each additional item added to the basket will be shown by the appearance of a specific screen.
You may at any time:
• obtain a summary of the Products you have selected or modify your order, by clicking on the button "My Basket", which is accessible on the top right of each page;
• continue to select Products by clicking on "Continue shopping";
• complete your selection of Products and order them by clicking on “Checkout”.
You then have to identify yourself either by:
• entering your e-mail address and password, if you are a registered member on the Website; or
• accurately filling out the form provided, which contains information needed to identify you, including your surname, first name and postal address.
You are then informed and accept that entering a user name constitutes proof of your identity and evidences your consent.
Once you have identified yourself, an order form appears on screen, which summarises: the type, quantities and prices of the Products selected by you, the applicable delivery costs, the order total, payment arrangements, delivery arrangements, estimated delivery time, your details and the delivery address for the Products.
After the input of credit/ debit card information on the secure pages of L’Oréal's designated payment partner: the Cybersource Internet Payment group, the order can then be validated by you. Orders are validated and you will be bound by the order once you have clicked the button labelled “Pay Now” to acknowledge that the placing of the order implies an obligation from you to pay.
6. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
6.2. Once you have validated your order and payment, an order acknowledgement is displayed bearing an order number. This acknowledgement is sent to Purchasers in the order acknowledgement e-mail detailing the products ordered. Please note that this does not mean the order has been accepted. L’Oréal’s acceptance of your order will take place as described in clause 7.3 below.
6.3. We will confirm our acceptance to you by sending you an email that confirms that the Products have been dispatched (“Dispatch Confirmation”). The Contract between us will only be formed when we send you the Dispatch Confirmation. Said Dispatch Confirmation includes all the components of the contract formed between us, including these General Conditions of Sale, the goods ordered, payment arrangements, the total price of Product(s) inclusive of taxes, delivery arrangements, estimated delivery time and applicable delivery charges, information regarding your right to cancel your order and the geographical place of business and contact details of L’Oréal should you have any questions concerning your order. You are advised also to keep a copy (electronic or printed) of the information concerning your order.
6.4. The data recorded by the Website constitutes proof of all the transactions concluded between L’Oréal and you. In the event of a dispute between L’Oréal and you on a transaction carried out on the Website, the data recorded by L’Oréal shall be deemed irrefutable proof of the contents of the transaction.
7. OUR RIGHT TO VARY THESE TERMS
7.2. If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all of affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return any relevant Products you have already received and we will arrange a full refund of the price you have paid including any delivery charges and the cost of returning the Product(s) to us, subject to clause 10.
8. UK DELIVERY
Estimated Delivery by Post:
|Delivery Option***||Estimated Delivery Time|
|● Standard Delivery||3-5 working days|
|● Next Day Delivery||Next working day*†|
|● Saturday Delivery||Saturday after you place your order**†|
† Please note that for delivery to Northern Ireland, Scottish Highlands, islands, Aberdeen and other rural areas, an extra working day needs to be taken into account. For these areas, delivery by the “Next Day Delivery” option will be on the second working day, and for delivery by the “Saturday Delivery” option, orders must be placed by 12pm on Thursday (which must be a working day).
If you select one of the delivery by post options, the Products ordered by you will be delivered to the address stated by you on the order form. You undertake to supply the exact address of your permanent address when placing your order for the Products. If no one is available to take delivery, we will leave you a note that the Products have been returned to our premises, in which case, please contact us to rearrange delivery on 0800 5870830.
8.3. You own the Products once we have received payment in full, including all applicable delivery charges.
8.4. Delivery problems:
L’Oréal will not be liable or responsible if your delivery is affected by an Event Outside Our Control (see clause 13) including in the event of overly long delivery time caused by the transportation services, and in the event of the loss of the Products ordered. If a delivery is late, you must inform the House99 customer service department as soon as possible, by e-mail sent to service@House99.co.uk. L’Oréal shall then contact its chosen carrier in order to initiate an enquiry.
Enquiries may take some time.
Orders should in any event be delivered or made available for collection (as per your selected delivery method) at the latest thirty (30) days after the day on which you receive a Dispatch Confirmation email from us.
8.5. Upon receipt of Products ordered, you must check that Products are compliant. Any delivery anomalies (missing or broken Products, parcel damaged, etc.) must be noted by you on the form presented to you when the parcel is delivered or collected and must be notified to the House99 customer service department, on the returns form provided or by e-mail sent to service@House99.co.uk, specifying which product does not match the order.
8.6. If we miss the estimated delivery time for any Products then you may cancel your order immediately if any of the following apply:
a) we have refused to deliver the Products;
b) delivery within the estimated delivery time was essential (taking into account all the relevant circumstances); and
c) you communicated this to us in writing before we accepted your order.
8.7. If we miss the estimated delivery time for any Products and you do not wish to cancel your order immediately, or do not have the right to do so under Clause 9.6, you can give us a new time for delivery, which must be reasonable, and you can cancel your order if we do not meet the new time.
8.8. If you do choose to cancel your order for late delivery under Clause 9.6 or Clause 9.7, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value (to be determined at L’Oréal’s sole discretion). If the Products have been delivered to you, you will have to return them to us, and we will pay the reasonable costs of this, subject to inclusion of an applicable returns delivery receipt. After you cancel your Order we will refund any sums you have paid to us for the cancelled Products and their delivery.
9. YOUR CONSUMER RIGHT OF CANCELLATION, RETURN AND REFUND
9.2. However this cancellation right does not apply in the case of a Contract for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery.
9.3. Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we email you to confirm our acceptance of your order), which is when the Contract is formed. Your deadline for cancelling the Contract is set out below:
End of the cancellation period:
The end date is the end of 14 days after the day on which you receive the Product.
For example: if we provide you with a Dispatch Confirmation on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.
9.4. To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form on our Website. If you use this method we will email you to confirm we have received your cancellation.
You can also email us at service@House99.co.uk or contact our Customer Services team by telephone on 0800 5870830 or by post to:
If you are emailing us or writing to us please include details of your order to help us to identify it, including the order reference number (starting GB-EN…). If you send us your cancellation notice by email or post, then your cancellation notice is effective from the date you send us the email or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last date of the cancellation period or email us before midnight on that day.
9.5. If you cancel your Contract we will:
a) refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a brick and mortar shop;
b) refund, where the full order is returned, any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Product within 3-5 working days at one cost but you choose to have the Product delivered within 1-2 working days at a higher cost, then we will only refund what you would have paid for the cheaper delivery option;
c) make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
i. if you have received the Product and we have not offered to collect it from you: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us see below; or
ii. if you have not received the Product (either because it hasn’t yet been delivered to you or, if you selected the click and collect option, it has been delivered to the House99 King’s Cross Station store but you haven’t yet collected it) or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.
9.6. If you have returned the Products to us under this clause because they are faulty or mis-described, we will examine the Product as quickly as possible. If the non-compliant nature of the Product is confirmed by us, we will refund the price of the Product in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us (upon production of an applicable receipt).
9.7. We will refund you using the same means of payment you used for the initial transaction, unless expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. L’Oréal may withhold reimbursement until L’Oréal has received the Products back or you have supplied evidence of having sent back the Products, whichever is earliest.
9.8. If a Product has been delivered to you before you decide to cancel your Contract:
a) then you must return it to us without undue delay (and in the meanwhile retain possession of the Products and take reasonable care of them) and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. You must send it back accompanied with the returns note, to the below address:
If you fail to return any Product, the direct cost of recovery of that Product by L’Oréal shall be borne by you. You shall assume all reasonable risks linked to the return of Product(s).
b) Unless the Product is faulty or not as described (in this case see below), you will be responsible for the cost of returning the Products to us. If the Product is one which cannot be returned by post, we estimate that these costs should not exceed £10 (ten pounds sterling) if sent by special delivery from within the United Kingdom. L’Oréal does not accept returns with delivery charges due.
9.9. Because you are a consumer, we are under a legal duty to supply Products that are in conformity with the Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause or anything else in the General Conditions of Sale. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
9.10. The right of cancellation can only be exercised by you, the purchaser of the Product, and not by a third party.
10. HOW WE USE YOUR PERSONAL INFORMATION
11. OUR LIABILITY
11.2. 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.
11.3. 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.
12. EVENTS OUTSIDE OUR CONTROL
12.2. 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.
12.3. 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.
12.4. You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
13. OTHER IMPORTANT TERMS
13.2. You may only transfer your rights or you obligations under these Terms to another person if we agree in writing.
13.3. 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
13.4. 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.
13.5. These Terms and the Dispatch Confirmation sent to you together form a contractual whole and constitute the entirety of the contractual relations between us.
13.6. In the event of a contradiction between these documents, these Terms shall prevail.
13.7. These Terms and the contractual relations between L’Oréal and you shall be governed by the laws of England and Wales. This means a contract for the purchase of Products through the Website and any dispute or claim arising out of or in connection with it will be governed by English law. The parties agree that the courts of England and Wales will have exclusive jurisdiction.
14. HOUSE 99 MONEY BACK GUARANTEE TERMS AND CONDITIONS
2. If you are not satisfied with any House99 product purchased, House99 will refund the actual price paid (covering the cost of the product and, if purchased on www.House99.co.uk, the cost of standard delivery only (unless standard delivery is free) in accordance with these terms and conditions.
3. This money-back guarantee and these terms and conditions do not affect consumer statutory rights in any way. Consumers can obtain information about their legal rights from trading standards offices or citizens’ advice bureaux.
4. This money-back guarantee only applies to purchases made on www.House99.co.uk or in our House99 free standing stores. For House99 products purchased from any other location, such as in a department store, the relevant store policy will apply. Customers should ask at the original point of sale for details.
5. To obtain a refund for a product purchased from www.House99.co.uk, customers must email service@House99.co.uk to give notice of their wish to return the product before expiry of 28 days following the day of receipt of the product AND return the following items within 14 days from the date of this email:
1) the product
2) the original sales receipt showing the date of purchase
3) the slip on the bottom of the invoice or delivery note
4) a brief explanation for return.
The above 4 items must be returned by mail to the following address: Internet Returns, Unit 22, Sentinal Drive, Annesley, Nottinghamshire NG15 ODF. Photocopies will not be accepted.
6. For successful submissions for products purchased on www.House99.co.uk only, House99 will also refund the cost of postage if you enclose a proof of postage receipt and use the Royal Mail Signed for 1st Class Stamp method of posting for a small parcel. You will be refunded the cost of postage up to the value of £7.95 for UK residents. If you fail to include your proof of postage receipt, you will not be refunded your postage costs. If you use any other postage method than specified above, your refund for the cost of postage will be capped at the level set out above.
7. For purchases on www.House99.co.uk, if these terms and conditions are fulfilled, House99 will use reasonable endeavours to provide a refund within fourteen (14) days of receipt of the 4 items listed in point 5 above
8. Customers who purchase any of our House99 products from a Kiehl's free-standing store must return the product to the Kiehl's free-standing store where purchase was made within 28 days of purchase. Customer must return the following items:
1) the product
2) the original sales receipt showing the date of purchase
3) a brief explanation for return.
Photocopies will not be accepted.
9. Incomplete, illegible or misdirected submissions will not be accepted. Proof of posting will not be accepted as proof of delivery. Responsibility cannot be accepted for lost, damaged or delayed returned forms, sales receipts or product.
10. Refunds are only available for House99 products purchased from www.House99.co.uk or House99 free-standing stores. House99 will refund the actual purchase price paid for the product, as evidenced by the receipt provided, to the credit/debit card used to make the purchase or in cash.
11. Submissions for refunds which do not comply with point 5 and do not include all of the 4 items listed (for internet returns) or do not comply with point 8 and do not include the 3 items listed (for returns to House99 free –standing stores) will be rejected and any items in point 5 sent will not be returned to you and any postage of such items is at your own cost.
12. Only one refund under this money-back guarantee is available per person and household.
13. House99 reserves the right to vary these terms and conditions or cancel the money back guarantee at any stage in the event of circumstances arising beyond its reasonable control.
14. We regret that we cannot offer you a refund or otherwise assist you with any problems that you may encounter House 99 products from unauthorised retailers or other unauthorised sources.
15. By submitting a refund request you will be deemed to be bound by and have accepted these terms and conditions.
16. English law applies and the English courts shall have exclusive jurisdiction over any proceedings in connection with this promotion.
PROMOTER: House99, a trading division of L’Oréal (UK) Limited, 255 Hammersmith Road, London W6 8AZ