General terms of sale
GENERAL TERMS OF SALE
Effective as of July 20th, 2021
If your order was made before that date, please click here to access the GTS effective on the date of your order.
These general terms of sale and the contractual relationship between Seller and Purchaser shall be governed by English law.
Welcome to www.helenarubinstein.co.uk website (the “Website”).
As used in these GTS, “ You” or “Purchaser” shall mean the person who browses the Website and/or orders any Products via the Website; “We” or “Seller” shall mean the company identified in the legal notice above; Purchaser and Seller are hereinafter collectively referred to as the “Parties” and, individually, a “Party”.
Any order of Products offered via the Website shall require that You acknowledge and expressly agree to these GTS by ticking the dedicated box during the order process.
These GTS shall solely apply to the exclusion of any and all other terms of sale, whether applicable to sale via retail stores or any other distribution or marketing channels.
Pursuant to applicable laws and regulations, it is hereby specified that confirming a purchase order as set forth under these GTS shall qualify as an e-contract between the Parties and valid evidence as between the Parties of the entire order and all amounts due and payable under such order.
- TERMS OF PURCHASE
- PRODUCTS – PRICES
All Products offered via the Website are intended exclusively for individuals who: (i) are at least 16 years old (or, if younger, duly authorised by whoever has parental responsibility for them to place an order via the Website); and (ii) enjoy full legal capacity to place orders via the Website. We hereby reserve the right to request from time to time that You provide an identification document evidencing your age and/or authorisation. We reserve the right not to respond to an order and/or to exclude from our customer/prospect database any Purchaser who fails to satisfy such request or meet the requirements under this section.
The Products are intended for the Purchaser’s own personal use, which must be unrelated to his/her professional occupation, including any Product reselling. The amount of any order may not exceed eight hundred pounds (800 £). Any given Purchaser may order a maximum of five (5) of any particular Product per order.
Products offered for sale via the Website shall be those displayed on the Website on the date the Purchaser browses the Website.
The images of the Products on the Website are for illustrative purposes only. Although the Seller made every effort to display the colours accurately, it cannot guarantee that a device's display of the colours accurately reflects the colour of the Products. The Products may therefore vary slightly from those images.
The packaging of the Products may also vary from that shown in images on our website.
In any event, We may make minor changes to the Products in order to reflect changes in relevant laws and regulatory requirements and implement minor technical adjustments and improvements. These changes will not affect the Purchaser’s use of the Products.
Any photographs and language used to illustrate the Products may change over time.
b. Product unavailability
If a Product is unavailable, You shall be informed of such unavailability by a notice that will be displayed indicating that the desired Product is temporarily unavailable.
On an exceptional basis, information on the unavailability of the Product may only be communicated by email after the validation of the order by Purchaser, confirmation by Seller and before delivery.
In case the Product appears to be unavailable after validation of the order by Purchaser and confirmation by Seller, Purchaser shall be informed that the order will be cancelled in full.
In case the payment has been captured immediately at the time of the order, Seller undertakes to refund all the sums paid by the Purchaser within fourteen (14) days maximum, starting from the date the request for cancellation of the order is received, using the same payment method as that used by Purchaser.
Prices shall be in GBP (£) and valid for deliveries in the United Kingdom. Prices shall be inclusive of any discounts and VAT as applicable on the date of order. Any variation in applicable VAT rates between the order date and the date the Seller supplies the Products shall be reflected onto the Product prices unless the Purchaser has already paid for the Products in full before the change in the rate of VAT takes effect.
The Seller takes all reasonable care to ensure that the prices advised for the Products are correct. The Seller will normally check prices before accepting an order so that, where the Product's correct price at the order date is less than the stated price at the order date, the Seller will charge the lower amount. If the Product’s correct price at the order date is higher than the price stated to the Purchaser, we will contact the Purchaser for his/her instructions before we accept your order.
If the Seller accepts and processes an order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by the Purchaser as a mispricing, the Seller may end the contract and refund all sums paid.
Prices are exclusive of any processing or delivery costs, which shall be specified before the order is confirmed and charged as extra costs. Indicative extra costs are set out below:
|TYPE OF DELIVERY||CHARGE PER ORDER|
|Standard (HERMES)||£ 5|
Seller reserves the right to modify prices from time to time, provided however that the Products shall be charged on the basis of the price list as applicable upon validation of the order by Purchaser, subject to confirmation by Seller.
d. Users’ ratings and comments
You are authorised to rate and recommend each Product. You can also look up other users’ ratings and recommendations. The ratings and recommendations indicated for each Product reflect the average ratings and recommendations given by those users who answered each question, under their respective personal responsibility. Ratings and recommendations for a Product shall in no way be contractually binding upon Seller.
The stars shown on the Website next to any Product reflect the average ratings, at any given time, attributed by the individuals who expressed their opinions about such Product via our Website, and may therefore vary from day to day.
a. Order terms
In order to place an order, Purchaser shall first access the Website. Our Website is solely for the promotion of our Products in the United Kingdom. Unfortunately, We do not accept orders from and do not deliver to addresses outside the United Kingdom.
Purchaser can then view the various Products offered for sale on the date he/she browses the Website and select his/her Products by (i) browsing the various categories of Products; or (ii) typing directly the Product name in the search engine; or (iii) clicking on a page in the Website map at the bottom of each page, and thus accessing the full range of Products.
While browsing the Website, Purchaser may, if he/she so wishes, add Products to the shopping cart by simply clicking on the dedicated button for adding a Product to the shopping cart.
Once this is completed, Purchaser shall see the number of Products in his/her shopping cart displayed. The content of the shopping cart may be subject to a session timeout.
Purchaser may then continue browsing or click on his/her shopping cart to see the contents of the cart displayed onscreen, with all of the added items, including the main features of each Product, the aggregate amount of the order, billing and delivery details, delivery period, costs and any applicable delivery restrictions.
Purchaser may go back to, supplement, modify or cancel an order, until he/she finally validates it. If Purchaser wants to select any further Product(s), he/she may continue browsing the Website. Selected Product(s) will be kept in his/her shopping cart.
When he/she is finished selecting the Products, Purchaser may order the selected Products by validating the order through a click on the dedicated button to move on. A new page shall then be displayed, asking Purchaser to:
- enter his/her login (email address) and password if Purchaser is already registered on the Website; or
- accurately fill out a personal data collection form by entering the mandatory information in the required fields, including Last Name, First Name, Email Address, Postal Billing Address (to which delivery can be made).
After checking the content of his/her order, Purchaser shall be asked to:
- click on the dedicated button to place his/her order and to access payment of his/her order, as per the terms of these GTS; or
- click on the dedicated button to modify his/her shopping cart and/or personal contact information.
Before clicking on the dedicated button to place his/her order and to access payment of his/her order, Purchaser shall be required to, first, read these GTS and, second, confirm that he/she agrees to these GTS by completing an acceptance confirmation action required on the Website (e.g., ticking a box).
Upon Purchaser’s confirmation of his/her acceptance of these GTS, a dedicated Web page shall open up for payment of the order. Any and all orders hereunder shall carry the obligation to pay, which means that placing an order requires Purchaser to make a payment.
Purchaser shall then proceed to make payment for his/her order as per the terms of these GTS.
If Purchaser selects payment by credit card, under Section 4 below, Purchaser shall be automatically connected to the payment service provider’s e-cash server. The payment service provider’s server shall be secured by an SSL (Secure Socket Layer) encryption process, which is intended to protect as efficiently as possible all data related to payment methods and ensure that Purchaser’s banking details shall not at any time transit though Seller’s IT system.
b. Order cancellation
If the Seller is unable to accept the Purchaser’s order, the Seller will inform the Purchaser of this in writing and will not charge for the Product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because the Seller has identified an error in the price or description of the Product.
c. Order confirmation
Upon validation of the order and of the related payment as per the terms set out below, a printable and downloadable version of Purchaser’s order recap shall be displayed, including, without limitation, the order’s reference.
An order confirmation email shall be sent promptly by Seller to the email address provided by Purchaser, at which point a contract will come into existence between the Seller and the Purchaser. This email includes, without limitation, the following information:
- Seller’s identity and contact details;
- reference of the order as registered upon placing the order (for example, an order number);
- a recap of the order and main features of the Products;
- the delivery period, costs and restrictions, if any;
- the total amount of the order, inclusive of tax;
- payment confirmation;
- a link to the General Terms of Sale that the Purchaser is invited to download and to store in such manner that he/she will be able to refer to them later in due time;
- a link to the contact form enabling the Purchaser to exercise his withdrawal right.
For the purpose of preserving Seller from any fraudsters’ abusive practices, and in the event that Seller or the online payment service provider suspect an order of being fraudulent, they hereby reserve the right to request Purchaser (before processing the order) to provide additional documentary evidence (including Purchaser’s ID) in order to check whether it is fraudulent or not.
If Purchaser fails to respond within fifteen (15) days following Seller’s or the online payment service provider’s request, the order shall be cancelled and no payment shall be cashed by Seller. If payment for the order has already been cashed, Seller shall refund it within fourteen (14) days following the end of the abovementioned period of time, using the same payment method as that used by Purchaser.
d. Information on the order
The Parties agree that e-mails and automatic recording system are binding between the Parties, as regards, in particular, the nature and date of the order.
Purchaser may access, where applicable under ordinary rules of law, the e-contract between Purchaser and Seller, upon contacting the Customer Service here and providing all of the information required for this purpose, including the order number and his/her contact details.
Purchaser can also refer to the order confirmation email mentioned under article 3 c) above.
The amount payable by Purchaser shall be the amount stated on the order validation as displayed on the dedicated webpage and subsequently confirmed by email from Seller to Purchaser.
Purchaser is offered a choice of different payment options, upon validating his/her order.
Payment can be made upon making the order, via the Internet, by credit card (Visa, Amex, MasterCard, Maestro) or via a PayPal account or JCB or Discover.
The order shall not be deemed confirmed by Seller unless and until (i) Purchaser agrees to the GTS; (ii) payment validity is checked and confirmed; and (iii) confirmation of order has been sent to Purchaser.
In any event, Seller reserves the right to refuse any order or delivery if (i) of any of the thresholds under Section 1 (“Terms of Purchase”) are exceeded; (ii) there is any existing dispute with Purchaser; (iii) there is any payment default of all or part of any previous order placed by Purchaser; (iv) any payment authorisation by credit card is denied by banking institutions; (v) payment default of all or part of the order occurs; (vi) any other situation which does not comply with these GTS occurs.
a. Delivery terms
When the order is ready, it shall be dispatched to the postal address entered by Purchaser in his/her order as soon as reasonably practicable.
The Products shall be sent by mail or via a special service provider (as the case may be and/or as per the selected delivery options) (hereinafter “Carrier”). If Carrier does not find anyone at the delivery address who is entitled to accept the delivery, Carrier shall leave a delivery notice in the mailbox of the delivery address. Purchaser shall then contact Carrier to agree on a new delivery date or arrange for the parcel to be collected by the Purchaser at a local depot. However, if Purchaser fails to contact Carrier, the latter shall make two more delivery attempts on such date and time as may be determined by Carrier in its discretion.
Any given parcel shall be kept by Carrier for a period of ten (10) days as from the initial delivery attempt.
If the Purchaser does not allow the Carrier to access to his/her property to perform the delivery (and you do not have a good reason for this) Seller may charge the Purchaser additional costs incurred by us as a result. If, despite our reasonable efforts, the Carrier is unable to contact the Purchaser or re-arrange access to the Purchaser’s property, we may terminate the contract.
b. Delivery period
Orders shall be processed within a maximum period of two (2) working day(s).
An order shall not be dispatched unless and until it is duly processed.
When the order is processed, the relevant Products shall be dispatched and delivered by Carrier within the time periods below:
- standard delivery: five (5) to six (6) working days;
Working days shall mean any days other than Saturdays, Sundays and public holidays at the delivery address.
An order shall in any event be completed within a maximum period of ten (10) days following the day after the date on which Purchaser placed his/her order, subject to full payment of the price and compliance with the purchase terms as defined under Section 1 (“Terms of Purchase”) of these GTS.
Failing delivery in accordance with the above timescales, Purchaser shall have the right to cancel his/her order as per the terms set out under the “Late Delivery” Section below.
c. Late delivery
In case of late delivery (i.e., after the specified delivery period or, where there is none, after the maximum delivery period of ten (10) days after validation of the order), Purchaser shall promptly notify Seller of this delay by email, by clicking here, so that Seller can make inquiries with Carrier.
If the order is retrieved during Seller’s inquiries, it shall be immediately rerouted to the place of delivery specified in the order. If, however, the loss of the order is confirmed further to Seller’s inquiries, Seller shall at its own cost re-dispatch the Product(s) to Purchaser or, if permanently unavailable, refund all amounts paid by Purchaser (including delivery costs), using the same payment method as that used by Purchaser.
In any event, in case of late delivery exceeding ten (10) working days following Purchaser’s email notifying the delay, other than due to force majeure (as defined in Section 10, below), Purchaser shall have the option to cancel his/her order by informing the Customer Service by clicking here.
If Purchaser exercises this option as per the terms set forth under this Section 5.c, the price of the order shall not be cashed by Seller.
If payment for the order has already been cashed, Seller shall refund all amounts paid by Purchaser (including delivery costs), using the same payment method as that used by Purchaser, within fourteen (14) days following its receipt of the cancellation notice. Further mandatory legal rights of the Purchaser remain unaffected by the regulations under Sec. 5 c) of the GTS.
A delivery shall be deemed fulfilled as soon as Carrier makes the Product(s) available to Purchaser or to a third-party designated by Purchaser. The Purchaser is responsible for the Products from the time they are delivered (or collected) and it shall be Purchaser’s responsibility to check the delivered Product(s)’ compliance and integrity immediately upon receipt of the Product(s).
In case of any default at the time of delivery (including any late delivery, missing or damaged Product), the Purchaser shall be entitled to (i) refuse the delivery (in which case the Products will be kept by the Carrier) or (ii) return the Products with the return voucher, at Seller’s cost (i.e. with the pre-paid sticker).
a. Description of legal warranties
Purchaser has the legal warranties as provided by law, especially pursuant to the Consumer Rights Act 2015 and the Consumer Protection Act 1987, as amended from time to time.
b. How to proceed
If the delivered Products lack conformity with the Products ordered by Purchaser or if they have any hidden defects, Purchaser shall send an email to Seller’s Customer Service, by clicking here to notify the Product(s)’ lack of conformity or defects.
Seller’s Customer Service shall acknowledge receipt of Purchaser’s request and confirm the process to follow. Upon receipt of instructions from Seller’s Customer Service, Purchaser shall return the Products that lack conformity or have hidden defects to Seller at the address below: BSL - Bretagne Services Logistiques - ZA LA MASSUE - 23 RUE E.BRANLY - 35170 BRUZ.
Such Product(s) shall be (i) returned complete, unused (except in case of a hidden defect), and preferably in its/their intact original packaging (except in case of a hidden defect); and (ii) preferably with its/their original wrapping and the return voucher. Costs of the return shall be borne by Seller.
Seller shall bear the risks attached to the return of the Product(s).
Upon receipt of the Product(s) allegedly lacking conformity or having hidden defects, Seller shall check the Product(s) to ascertain the conformity or non-conformity thereof. Likewise, Seller may perform a quality test on the Product(s) returned by Purchaser to check whether the returned Product(s) is/are in fact original Product(s). Seller will perform such checks as promptly as reasonably possible and within a maximum period of one (1) month.
c. Liability of the Seller
If the Seller fails to comply with these GTS, it is responsible for the loss or damage the Purchaser suffers that is a foreseeable result of the Seller breaking this contract or the Seller’s failing to use reasonable care and skill, but the Seller is not responsible for any loss or damage that is not foreseeable.
Seller does not exclude or limit in any way its liability to the Purchaser where it would be unlawful to do so. This includes liability for:
- death or personal injury caused by the Seller’s negligence or the negligence of its employees, agents or subcontractors;
- fraud or fraudulent misrepresentation;
- breach of its legal rights in relation to the Products (including the right to receive Products which are as described and match information provided and any sample or model seen or examined by the Purchaser, the right to receive Products of satisfactory quality, fit for any particular purpose made known to us, supplied with reasonable skill and care and Products not considered as defective pursuant to the Consumer Protection Act 1987).
Seller is not liable for business losses. The Seller only supplies Products for domestic and private use. Notwithstanding this, if the Purchaser uses the Products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of revenue, loss of business, loss of goodwill, reputational damage or loss, business interruption, loss of data or loss of business opportunity.
a. Notice of withdrawal to Seller
Purchaser has a legal right of withdrawal that he/she may exercise within a period of thirty (30) clear days, without being required to give any reason or pay any penalty. Said withdrawal period shall expire thirty (30) clear days following the day on which Purchaser, or any third-party he/she may designate other than Carrier, takes physical possession of the Products. This right of withdrawal does not apply to products manufactured based on the consumer instructions or personalised products, in particular engraved products.
If Purchaser ordered several Products in a single order or if the Products were delivered in several parts, the withdrawal period shall not commence unless and until Purchaser, or any third-party he/she may designate other than Carrier, takes physical possession of the last Product or last part of the delivery.
Purchaser shall exercise his/her withdrawal right by giving Seller notice of such withdrawal using any unambiguous statement during the withdrawal period, including:
- by phone via the following number: +44 20 38 85 92 85 ;
- through the Customer Service by clicking here ;
- by mail to the following address: Majorel (EURACOM) - 8 rue du Tanin - 67380 Lingolsheim, France, using, for example the following withdrawal form:
Upon receipt of a withdrawal form, Seller shall acknowledge receipt of such request by sending an e-mail.
The withdrawal period shall be deemed met if Purchaser sent his/her notice exercising his/her withdrawal right within the withdrawal period.
b. Consequences of withdrawal – Returning cancelled Products
As per Purchaser’s notice of withdrawal, Purchaser shall return the Product(s) to Seller complete, unused, and, preferably in its/their intact original packaging and with its/their original wrapping and the return voucher, without undue delay and by no later than fourteen (14) days following Purchaser’s notice of withdrawal to BSL - Bretagne Services Logistiques - ZA LA MASSUE - 23 RUE E.BRANLY - 35170 BRUZ.
It is specified that, in case Purchaser exercises his/her right of withdrawal for a Product, which at the time of the order, was part of an offer including free products, Purchaser shall return the free products he/she received at the same time as the Product for which Purchaser exercised his/her right of withdrawal.
If the Products are not returned within the fourteen (14) day period following Purchaser’s notice of withdrawal, no refund shall be made.
All return costs of the Product(s) shall be borne by Seller.
c. Consequences of withdrawal – Refund of cancelled Products
Seller agrees to give Purchaser a refund of all amounts paid, including delivery costs (exclusive of any extra delivery costs that may result from the Purchaser selecting a delivery method other than the lower standard delivery rate offered by Seller).
Unless Purchaser expressly selected another repayment method, the refund for the Product(s) shall be made using the same payment method as that initially used by Purchaser, without undue delay. Please note, the refund will be postponed until the returned Products are actually recovered or until Purchaser offers evidence of dispatching the Products, whichever occurs first. Refunds shall be at no cost to Purchaser.
Any Products unsealed after delivery and therefore no longer suitable to be returned for sanitary or health protection purposes shall not be eligible for withdrawal by Purchaser (including, without limitation, any beauty-care Products if their cap or lid is removed).
For any further information on the scope, contents or instructions related to the exercise of Purchaser’s withdrawal right, Purchaser may contact Customer Service clicking here.
d. Other causes for termination
Purchaser also has the option to terminate the contract because of something that the Seller has done or is going to do. If the Purchaser is ending the contract for a reason set out below, it will end immediately and the Seller will refund the Purchaser in full for any Products which have not been provided and the Purchaser may also be entitled to compensation. The reasons are:
- the Seller informed the Purchaser about an upcoming change to the Products or these GTS which the Purchaser does not agree to;
- the Seller informed the Purchaser about an error in the price or description of the Products ordered and the Purchaser does not wish to proceed;
- there is a risk that supply of the Products may be significantly delayed because of events outside our control;
- the Seller has suspended the supply of the products for technical reasons, or notified the Purchaser that it is going to suspend them for technical reasons; or
- the Purchaser has a legal right to end the contract because of something the Seller has done wrong.
Any consumer dispute shall be primarily submitted to Customer Service here or by mail or phone:
Majorel (EURACOM) - 8 rue du Tanin - 67380 Lingolsheim, France
+44 20 38 85 92 85br> From 9:00 a.m. to 7:00 p.m. from Monday to Friday
a. Personal data
Cookies are small files that are left on your device while you browse the Website (such as the pages looked up, the date and time of such access, etc.) and which may be read whenever you access the same Website (hereinafter “Cookies”).
The Seller may assign its rights and obligations under these GTS to another organisation. The Seller will always inform the Purchaser in writing if this happens and it will ensure that the transfer will not affect the Purchaser’s rights under the contract. If the Purchaser is unhappy with the transfer, he/she may contact us to end the contract within fifteen (15) days of the Seller informing the Purchaser about it and it will refund all payments made in advance for Products not provided.
Purchaser may only assign his/her rights or your obligations under these terms to another person if the Seller agrees to this in writing.
b. Rights of third parties
A person who is not a Party to this contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these GTS but this does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.
c. Force majeure
Neither Party shall be held liable for any failure to perform all or any part of its/his/her obligations under these GTS where such default is due to force majeure.
Force majeure shall mean any circumstances beyond the reasonable control of the parties, for example earthquake, tsunami, tornado, revolution, piracy, acts of war etc. which are unforeseeable at the time of the conclusion of the contract and which render the further execution of the contract impossible.
Any Party asserting a force majeure event shall notify the other Party within five (5) working days following the occurrence of such force majeure event. The Parties hereby agree that they shall contact each other by any means (email, phone or otherwise), as promptly as reasonably practicable in order to mutually determine the performance terms of the order during the force majeure event. If the interruption due to force majeure continues for a period of one (1) month or more and if Seller is unable to fulfill the order, this contract shall automatically terminate and Seller shall give Purchaser a refund.
d. Partial Invalidity
In the event that any of the provisions under these GTS is held or found to be invalid under any law or regulation or final decision issued by a court of competent jurisdiction, all of the other provisions shall remain in full force and effect.
e. Entire GTS
These GTS and the confirmation of the order sent to Purchaser shall form a single contract and reflect the entire agreement between the Parties.
f. Amendment to the GTS
Seller authorises Purchaser to save or print these GTS, provided that it shall not make any changes to them.
Seller may update these GTS from time to time.
Applicable GTS shall be accessible at all times via the “General Terms of Sale” tag on every page of the Website.
g. Governing Law
These GTS and the entire agreement between Purchaser and Seller shall be governed by English law and the courts of England and Wales shall have non-exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these GTS.