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GENERAL TERMS AND CONDITIONS FOR ONLINE PRODUCT SALES
La Mer UK – GENERAL TERMS AND CONDITIONS FOR ONLINE PRODUCT SALES
Date of Last Update: 14th February 2019
Welcome to our La Mer UK website (the "La Mer UK Site" or the "Site").
By placing an order with Estée Lauder Cosmetics Limited ("La Mer", "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 this page 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 La Mer
Estée 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
3.1 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 Infocdlm@cremedelamer.co.uk 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.
3.2 If you wish to make a change to the Products you have ordered, then 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).
3.3 A Product will be your responsibility from the time we deliver the Product to the address you gave us or you collect it from us.
3.4 You own a Product once we have received payment in full.
4. Purchase related policies
4.1 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.
4.2 The images of the Products on the Site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the Products. Your Product may vary slightly from those images. The packaging of Products may also vary from that shown in images on our website.
4.3 The purchase of Products through the Site is strictly limited to parties who can lawfully enter into and form contracts on the Site in accordance with English law.
4.4 You may only purchase Products from our site if you are at least 18 years old.
5. Cancellation rights
5.1 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.
5.2 Your right to return goods does not apply to goods (i) made to your specification; or (ii) which have been clearly personalised (e.g. by being engraved); or (iii) which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly; or (iv) where sealed goods have been supplied which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery.
5.3 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 will also be included in hard copy form with your order packaging. In addition, you can also contact our Customer Services Team on: 0800 054 2661 (please see opening times here) or by email at Infocdlm@cremedelamer.co.uk. 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 the letter to us.
5.4 If you cancel your Contract:
(a) we will 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 shop (or you can choose to have such goods returned to you within 14 days of our notification that we intend to make a deduction). If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) we will refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer.
(c) we will make any refunds due to you as soon as possible and in any event within 14 days after the day on which we receive the Products back from you or, if earlier, the day on which you provide us with evidence that you have sent the Products back to us.
(d) we will refund you on the credit card or debit card or other payment method used by you to pay. If you used vouchers to pay for the Products we may refund you in vouchers. You will receive email notification of your refund from our Customer Service Team.
(e) 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.
5.5 If a Product has been dispatched to you or you have received them before you decide to cancel your Contract:
(a) then you must return it to us without undue delay (in the original product packaging if possible) 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;
(b) you can send it back to us at La Mer Online Customer Services, Constellation House, 3 Kite’s Croft Business Park, Warsash Road, Fareham, Hants, PO14 4FL (please note that online orders will not be able to be returned in store if you paid by Paypal);
(c) when returning goods please obtain a proof of postage (we do not accept responsibility for goods lost in transit) and ensure that the parcel is adequately sealed;
(d) customers wishing to return fragrance Products should have regard to any labelling and packaging guidelines produced by Royal Mail or any other courier that is used; and
(e) unless the Product is faulty or not as described you will be responsible for the cost of returning the Product to us.
5.6 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.
5.7 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 La Mer UK website, you must return them in accordance with the procedure outlined here or in the respective store and not directly to a partnered retail location.
6. Your other statutory rights to return Products under the Consumer Rights Act 2015
6.1 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.
6.2 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:
(a) up to 30 days: if your goods are faulty, then you can get an immediate refund.
(b) up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
(c) after six months (depending on the type of Product): if your goods do not last a reasonable length of time you may be entitled to some money back.
7. Our liability for loss or damage suffered by you
7.1 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.
7.2 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; for breach of your legal rights in relation to the Products as summarised at clause 6 and for defective Products under the Consumer Protection Act 1987.
7.3 We only supply Products for domestic and private use. You agree not to use the Products 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.
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 Infocdlm@cremedelamer.co.uk or write to us at La Mer 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?event=main.home.chooseLanguage