Terms and Conditions
USE OF THE ERBORIAN UK WEBSITE
This Website is operated by or on behalf of ERBORIAN, which is part of L’Occitane Limited, a limited liability company with registered company number 03278335, whose registered address is at:
21 Bedford Square
Please note that the address details for customer service queries can be found at the bottom of this page.
The Website is provided to you for your personal use subject to these Terms and Conditions.
By using the Website you agree to be bound by these Terms and Conditions.
We reserve the right to update these Terms and Conditions from time to time for legal or regulatory reasons or to allow the proper operation of the Website.
The content of the Website, including text, graphics, software, photographs and other images, videos, sound, trade marks and logos is protected by copyright, trade marks, database right and other intellectual property rights, and belongs to ERBORIAN. You may retrieve and display the content of the Website on a computer screen, store the content in electronic form on disk (but not any server or other storage device connected to a network or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute, or use for commercial purposes, any of the materials or content on the Website without our written permission.
Except to the extent expressly set out in these Terms and Conditions, you are not allowed to:
• Republish, redistribute or re-transmit any of the content on the Website;
• Remove or change any content of the Website or attempt to circumvent security or interfere with the proper working of the Website or any servers on which it is hosted; or
• Create links to the Website from any other website, without the prior written consent of ERBORIAN, although you may link from a website that is operated by you provided the link is not misleading or deceptive and fairly indicates its destination, you do not imply that we endorse you, your website, or any products or services you offer, you link to(and do not frame or replicate the home page of our website, and the linked website does not contain any content that is unlawful, threatening, abusive, libellous, pornographic, obscene, vulgar, indecent, offensive or which infringes the intellectual property rights or other rights of any third party.
Except as expressly set out here, nothing in these Terms and Conditions gives you any rights in respect of any intellectual property rights owned by ERBORIAN Limited and you acknowledge that you do not acquire any ownership rights by downloading or using any content of the Website.
Although we aim to offer you the best service possible, we make no promise that the services at the Website will meet your requirements, that the services will be fault-free, or that the Website will be available at all times.
OUR CONTRACT WITH YOU
These Terms and Conditions apply to all products supplied by ERBORIAN; ERBORIAN UK' or 'we/us'. Please read these Terms and Conditions carefully and retain a copy for future reference.
No contract exists between you and us for the sale of any products until we actually dispatch the products to you. Once we do so, there is a binding legal contract between us.
The contract is subject to your right of cancellation, set out below.
We may change these terms of sale without notice to you in relation to future sales.
ORDERS FOR THE PRODUCTS
The description of the products you order will be as shown on the Website at the time you place your order. Whilst we try to display the colours of our products accurately on the Website, the actual colours you see will depend on your computer and we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the product on deliver. For practical reasons the packaging of our products may vary from what is shown on the Website.
The products are subject to availability. If, for any reason beyond our reasonable control, we are unable to supply a particular item, we will inform you as soon as possible, and refund or recredit you for any sum that has been paid by you or debited from your credit card for the products, unless you wish to accept substitute goods of equivalent quality and price.
Our online store is available for non-commercial customers only. We reserve the right to refuse orders from businesses or orders that we consider are for commercial or other non-domestic concerns. We reserve the right not to supply products to individual customers in response to orders where it is reasonable to assume they will be reselling them. The products are not intended for resale.
Every effort is made to ensure that the prices shown on the Website are accurate at the time you place your order. If, by mistake, we have under-priced an item, we will not be liable to supply that item to you at the stated price. If, by mistake, we have under-priced an item which we have offered on a purchase with purchase or special price basis, we will not be liable to supply that item to you at the stated price. If, by mistake, we have under-priced an item which we have offered on a gift with minimum purchase basis, we will not be liable to supply that item to you at the stated price. If, by mistake, we have under-priced an item, and this under-pricing means that your purchase value is no longer sufficient to entitle you to receive a gift which we are offering on a gift with minimum purchase basis, we will not be liable to supply that gift to you. If an error is found, we will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you cancel, we will refund or recredit you for any sum that has been paid by you or debited from your credit card for the products. In addition to the price, you will be required to pay a delivery charge for the products, as shown in the section of the Website about Shipping Rates and Options. The price of the products and delivery charges are shown in pounds Sterling and are inclusive of VAT.
ERBORIAN UK delivers to any addresses in the UK, not including Channel Islands. We use B2C & Chronopost to deliver your order. If you wish to order products to be delivered outside of the UK, please visit our global website www.erborian.com. If there is no one at the address given who is able and competent to accept delivery of the products, you will have the option to arrange for an alternative delivery date or be given additional information about the collection of the products. Delivery options and average delivery times are set out below.
A working day is any day other than a Saturday, Sunday or a UK bank or other public holiday.
Standard UK Delivery
No matter how many items you order, our standard UK delivery rate is £3.95.
We are able to and deliver your order within 4-6 working days to mainland England and Wales and mainland Scotland addresses and 3-5 working days to the Isle of Man, Northern Ireland and the inner and outer Scottish islands.
Standard delivery is FREE for orders of £59 or more.
UK Express Delivery
Our UK express service rate is £5.95. Delivery is within 3 working days.
Standard Shipping to Ireland costs £7 per order. Delivery is within 3 working days.
YOUR RIGHT OF CANCELLATION
If you are a consumer, you have the right to cancel the contract at any time up to the end of fourteen days after you receive the products, see below.
To exercise your right of cancellation, you must give written notice to us at the address or email address shown below, giving details of the products ordered or their order number.
If you exercise your right of cancellation after the products have been delivered to you, you will be responsible for returning the products to us and send the products to us without undue delay and within 14 days after the day in which you let us know that you wish to cancel the contract . The products must be returned to the address shown below. You must take reasonable care to ensure the products are not damaged in the meantime or in transit. You are not able to cancel a contract where:
(a) sealed goods are not suitable for return due to health protection or hygiene reasons, if the goods become unsealed after they have been delivered to you; or
(b) the products become mixed inseparably, according to their nature, with other items after delivery.
If you cancel a contract we will:
(a) refund the price you paid for the products, however, please note that 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 permitted in a shop;
(b) 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 option available;
(c) make any refunds due to you as soon as possible and in any event:
(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;
(ii) if you have not received the product 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.
Refunds will be processed via the same method used by you to purchase the products, unless you expressly agree another form of payment with us.
If you return a product because it is defective or we have delivered the item to you in error we will refund the price of the products in full, together with any applicable delivery charges, and any reasonable costs of doing so,(we estimate that such costs should not exceed the value of the products. In other circumstances, you will be responsible for the costs of returning the products to us.
RETURNS & EXCHANGE POLICY
It is always our intention to delight our customers. For this reason, we will gladly issue an exchange or a full refund to the original debit or credit card for any unopened merchandise bought on uk.erborian.com that is returned within 28 days of the date of purchase. All items must be accompanied by a copy of the original receipt and in unopened, saleable condition.
Please note that, we cannot offer exchanges or refunds on any opened or used products. Items returned with a gift receipt are subject to exchange only. Any promotional gifts received with products must also be returned.
To return your items, please first contact us on 0800 358 1159 for UK customers and 015661523 for Ireland from Monday to Friday 9am-5.30pm (excluding bank holidays) or email us on email@example.com.
Send your returned items to this address and we would advise you to request proof of postage at your post office:
9 Alpine Way
Please allow 28 days from the day you return your package for your request to be processed.
By card or Debit card:
We accept payment by Visa, MasterCard, Maestro and Amex.
ERBORIAN takes online security very seriously.
To check the security of our Website, simply look in the lower bar of your browser when you fill in your payment details. You will see an unbroken key or closed lock, showing that encryption is active and your information is secure. For security reasons, we strongly recommend that you do not send credit card numbers by standard email but use the secure facility provided on the Website.
When you place your order on the Website you are offered the use of an advanced secure server. The secure server software encrypts all information you input before it is sent to us. Encryption creates billions of code combinations to protect each transaction made on the Website, so your card details cannot be viewed by anyone else using the Internet.
No credit or debit card details are stored once your order has been placed, unless you have given us permission to do so. Credit card information is stored safely and securely.
We guarantee to comply with the standards, procedures and requirements laid down in the UK Data Protection Act 1998 to ensure that your personal information is kept secure and processed fairly and lawfully.
Occasionally ERBORIAN offers promotions through e-mails, catalogues, and advertisements. Once you sign up for our ERBORIAN email newsletter, you may receive e-mail promotions and offers that include special codes for special free shipping or other discounts. To sign up for our e-newsletter please visit our Email Signup page.
Promotional codes, unless otherwise stated, are to be redeemed only on ERBORIAN.com, one gift per customer, not to be combined with any other promotion or discount, while stocks last. ERBORIAN reserves the right to substitute the gift with another one of the same or similar value.
As a consumer, you have legal rights in relation to products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms and Conditions will affect your legal rights.
We shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond our reasonable control.
If we are in breach of these Terms and Conditions, we will only be responsible for any losses that you suffer as a result to the extent that they are a foreseeable consequence to both of us at the time you use the Website. Our liability shall not in any event include business losses such as lost data, lost profits or business interruption.
This does not affect any liability we may have for personal injury or death resulting from our negligence or from our fraud, or any other liability that cannot be excluded or limited by law.
These Terms and Conditions will be subject to the laws of England. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so within the United Kingdom.
For further information about our products, or to deal with any queries, please contact our Customer Service Department by email at firstname.lastname@example.org or by telephone on 0800 358 1159 (UK) and 015661523 (Ireland).
Or send your letter to:
9 Alpine Way
Version: May 2015