"Boutique" means a physical GUERLAIN store.

 

"Consumer" means an individual, except merchants who obtain goods or services for the purposes of their business, trade, craft or profession.

 

"Contract" means an individual, except merchants who obtain goods or services for the purposes of their business, trade, craft or profession.

 

"Customer(s)" means the Consumer(s) browsing the Website and placing an order of Product(s) for personal use.

 

"General Terms and Conditions of Sale" means these general terms and conditions applying to any and all sales of Products presented on the Website.

 

"GUERLAIN" means GUERLAIN (CANADA) LTD. GUERLAIN’s registered company number in the Canadian province of New Brunswick is 510965. Maison GUERLAIN (a "société par actions simplifiée" incorporated in France under the number 582 022 265) is the editing company of the Website and Salesforce Commerce Cloud is the Website’s hosting company located in the Salesforce Tower, 415 Mission Street, 3rd Floor, San Francisco, CA 94105, United States. Electronic contact: available on GUERLAIN’s Website, via the « Contact US » icon. Mrs. Véronique Courtois, as President of GUERLAIN, is the publishing director.

 

"Party(ies)" means collectively or individually GUERLAIN and/or the Customer(s).

 

"Product(s)" means all perfume, skincare and cosmetic products bearing the GUERLAIN brand name, which are presented for sale on the Website.

 

"Website" means the Canadian version of the GUERLAIN.com online sales website, which is accessible via https://www.guerlain.com/ca/fr-ca and https://www.guerlain.com/ca/en-ca, and offers the Products for sale.

These General Terms and Conditions of Sale set out terms and conditions under which GUERLAIN shall proceed to the sale and delivery of Products ordered by Customers via the Website and define the Parties’ rights and obligations as to the sale of Products offered by GUERLAIN on the Website.

 

The General Terms and Conditions of Sale can always be found by the Customer on the footer of the Website by clicking on “General Terms and Conditions of Sale” and shall be communicated to the Customer on simple request via the contact form available on the Website. The Customer may also request historic versions of the General Terms and Conditions of Sale.

 

By placing an order for a Product offered on the Website, the Customer recognizes – by ticking the box “By validating your order, you accept the General Terms and Conditions of Sale” – that he/she has sufficient knowledge and understanding of the language of such General Terms and Conditions of Sale and of the Website Terms of Use, and has been fully informed on and accepted such terms and conditions without limitation before placing his/her order. This acceptance is in no way conditioned by a handwritten signature on the part of the Customer.

 

The Customer can, at any time, save or print the General Terms and Conditions of Sale by clicking the “PRINT” icon, provided that he/she does not modify them. Please note that the latter will be an integral part of any Contract, a copy of it being sent to the Customer with the confirmation email of order.

 

GUERLAIN reserves the right to amend, at any time, the General Terms and Conditions of Sale in accordance with applicable laws. These amended General Terms and Conditions of Sale will be published on the Website. It is important to review the available General Terms and Conditions of Sales to ensure that the Customer has accessed, read and accepted any changes that have been made each time an order is placed. In the event of an amendment of the General Terms and Conditions of Sale, the General Terms and Conditions of Sale applicable are those in force on the date of the order, which form an integral part of the Contract sent with the order confirmation email.

 

The General Terms and Conditions of Sale shall apply without limitation to any sale of Products on the Website, excluding any other document and particularly the conditions applicable to sales in stores or through any other distribution and marketing channel.

3.1 Products description

The Products offered for sale by GUERLAIN are those presented on the Website on the date of connection of the Customer, within the limits of available stocks. GUERLAIN reserves the right to withdraw Products from sale at any time.

 

GUERLAIN puts the utmost care in the presentation of the Products on the Website. The Products will conform to the statements or advertisements regarding them made by Guerlain and to the description made of them in the Contracts. However, pictures illustrating the Products shall only be for information and are not contractual.

 

Indeed, while GUERLAIN makes its best efforts to ensure that the color of the Products – whose photos are displayed on the Website – are faithful to the original, variations may occur (including slight differences in colors and proportions), particularly given the technical limitations of color renderings of computer equipment. In particular, when using the “Personalize” option, the presentation of the Products comprising the personalization options selected by the Customer under a 3D mode shall not be contractual as is it likely to slightly differ from what the final Product will be. Consequently, GUERLAIN shall not be responsible if the Product varies from those images. The packaging of Products may vary from that shown in images on the Website.

 

For any question or concerns regarding the order and appropriate use of Products, the Customer may contact GUERLAIN Client Service via the contact form available on the Website.

3.2 Products availability

The Products displayed on the Website are offered for sale within the limit of available stocks. GUERLAIN does not guarantee the availability of the Products. In the event of the unavailability of one or several Product(s) after an order is completed, GUERLAIN will inform the Customer at the earliest by email or telephone of the unavailability of the Product(s) and the partial or full cancellation of his/her order.

 

Should the order be totally cancelled for unavailability, the Customer’s order shall be automatically cancelled, and his/her account will not be charged.

 

Should the order be partially cancelled for unavailability:

• - The Customer’s order will be validated, and his/her bank account will be charged only with the amount of the Products actually sent,
• - The Customer will be informed at the earliest by email or telephone of the unavailability of the Product(s) concerned,
• - The Customer will receive the available Products.

3.3 Product personalisation service

 

GUERLAIN offers a personalization service for some Products (more detailed in article 6.2.1 below) which notably includes the possibility for the Customer to engrave a bottle of perfume. The engraving content must not be defamatory, abusive, illicit or discriminatory. In such event, GUERLAIN reserves the right to cancel the corresponding order.

 

The Customer also has the possibility to fill the chosen perfume bottle with the scent of his/her choice. Once the bottle is empty, the Customer has the possibility to come back to a GUERLAIN Parfumeur Boutique located in his/her country (if any in his/her country) - which are the only GUERLAIN Boutique that offers this service to have the bottle refilled with the same fragrance. Please note that this service does not include the possibility to return the empty bottle to have it filled and sent back. The Customer must physically visit a GUERLAIN Parfumeur Boutique to have the bottle refilled. GUERLAIN reserves the right to double-check the perfume which was initially contained in the bottle to ensure that no interconnection occurs between different scents. The Customer must also ensure GUERLAIN that no other product of any substance has been placed in the bottle. It is the Customer’s responsibility to provide GUERLAIN with correct information. GUERLAIN cannot be held responsible if the refill is based on misleading information.

 

All Products prices are firm. Prices are given in Canadian dollars. The price in force is the one indicated for each Product on the Website. These prices exclude all taxes applicable on the day of the order as well as any delivery costs, which will be charged additionally and will be specified to the Customer prior to the order being finalized.

 

Delivery costs will be indicated to the Customer before the validation of the order. The present General Terms and Conditions of Sale provide various delivery methods, which may be modified at any time by GUERLAIN.

 

The invoiced price is the price indicated to the Customer on the order confirmation page, which appears on screen at the order confirmation and is sent by GUERLAIN to the Customer by email.

 

GUERLAIN reserves the right, and the Customer accepts, to modify the price of the Products at any moment, without any further formalities than to make the changes available on the Website. These changes may not affect the orders validated by the Customer prior to the coming into force of these changes, subject to the availability of the Products ordered.

 

In the event of a pricing error, GUERLAIN has the right, in its sole discretion, to refuse or cancel any order for the Product in question. GUERLAIN may, in its sole discretion, either contact the Customer for instructions or cancel the order and notify him/her of the cancellation.

 

The Website features some Products that can be found in Boutiques. However, the Customer acknowledges and understands that the Products and prices displayed on the Website for online purchase may differ from those available in Boutiques. Boutique prices and offers may sometimes differ from online prices and offers.

The Products ordered shall remain the property of GUERLAIN until complete payment of their value, including the main value of Products, as well as any costs and taxes included in the invoice/receipt, and the applicable delivery costs.

6.1 Conditions of ordering

GUERLAIN only sells Products via the Website to Consumers. Products are solely intended for the Customer personal use, excluding any connection to his/her professional capacity. Consequently, any order exceeding five (5) units bearing the same reference shall not be accepted as it is not presumed to correspond to the consumption and personal use of a Customer. Additionally, this restriction may be applicable to orders placed by the same account, the same credit card or method of payment, and to orders that use the same billing and/or shipping address.

 

In the event of an order of Products exceeding this maximum, the order shall be considered as null and void and will not be taken into account by GUERLAIN.

 

To place an order on the Website, the Customer must be of legal age, have legal capacity and hold a credit card or a gift voucher.

 

6.2 Order process

To place an order, the Customer must proceed to the following steps:

 

Before the “Proceed to payment” step, Guerlain will provide the Customer with an express opportunity to accept or decline the sale proposal, as well as the possibility to review and modify his/her order by clicking on the icon “Edit” on the right side of the various pages. This allows the Customer to correct any errors he/she could have made while completing the various fields.

In case that the Customer wishes to modify his/her order, the Customer can click on the return arrow on the top left of his/her screen or click on the “See all details” button in the order summary on the right side of the screen. The Customer will then be redirected to his/her virtual shopping bag, where he/she can modify his/her order.

 

As the Customer confirms his/her order by clicking on the “Proceed to payment” icon, the Customer can no longer modify or cancel his/her order before proceeding to payment.

1. 1. Fill in the virtual shopping bag by clicking on the icon “Add to cart” and indicating the Products concerned.

   The Customer can also click on the icon “Personalize” to use the opportunity to personalize the Products by engraving it. For the 100 and 200 ml l'Art & la Matière eau de parfum bottles, the Customer can have the bottle engraved and choose the color of the cord, the tassel as well as a collection plate to be fixed on the bottle cap, different from the standard plate with which the bottle is initially sold. The Customer is offered this personalized plate by GUERLAIN. The Customer may also choose to personalize the stopper of the 100 and 200 ml l'Art & la Matière eau de parfum Bottle with an exceptional plate or a jewelry plate at the current price available on the Site.

   It is specified that the Customer cannot purchase the same Rouge G reference engraved and regular in the same order. In addition, it is not possible to purchase in the same order two identical Rouge G Products engraved.

2. 2. Click on the button "Checkout".
3. 3. Check, review and modify, as the case may be, the content of the virtual shopping bag, then click on the button "Checkout".
4. 4. Identify yourself on the Website:
   • - Either by creating an account on the Website by clicking on the button "Create an account" and completing the form (some fields are required to validate the order),
   • - Or by logging on to the Website by entering his/her email address and password if the Customer has already created an account, then clicking on the button "Login".
5. 5. Fill in the identification form on which the Customer indicates all the personal details requested (complete identity, email address, telephone number, delivery address). Please refer to GUERLAIN’s "Privacy Policy" for details on how GUERLAIN collects and processes personal data.
6. 6. Validate the delivery method chosen (Canada Post).
7. 7. In the event that the invoice address and the identification details are the same as the details already given for delivery, validate the pre-filled fields with these details. Otherwise, indicate the invoice address and the identification details if they are different.
8. 8. Tick the box “By validating your order, you accept the General Terms and Conditions of Sale”.


9. 9. At the end of the ordering process, the Customer is asked to click on the “Proceed to payment” icon. By clicking on, the Customer proceed to payment directly on the Website through the secure server of the payment service provider Cybersource following the conditions requested (Visa, Mastercard and American Express only) – please refer to Article 8 below (Payment terms) for more information. This does not constitute GUERLAIN’s acceptance of the Customer’s order and a Contract between the Parties is not formed until the order is validated by GUERLAIN as explained under Article 6.3 below.

 

6.3 Final validation of the order – How is a Contract formed?

 

Following the validation of the payment by the Customer, a confirmation of the order will be sent by email to the Customer by GUERLAIN. The order confirmation includes the summary of the Products ordered, the price, the delivery costs and the order number. It mentions the right of cancellation and contains a link to the applicable General Terms and Conditions of Sale.

 

A Contract between the Parties is formed when the Customer receives the order confirmation by email detailed above from GUERLAIN.

 

6.4 Order refusal

 

GUERLAIN reserves the right, at its sole discretion, to refuse and cancel any order in the event of:

• - Number of Products ordered exceeds the maximum provided in the present Article 6.1.
• - Inaccuracies or errors in product or pricing information.
• - Litigation with the Customer.
• - Total or partial non-payment of a previous order by the Customer.
• - Refusal of authorization of payment per credit card by payment agencies including CyberSource, which is the payment service provider used by GUERLAIN to detect credit card frauds, including fraud attempt.
• - Request for personalization which does not comply with the provisions of Article 5.3.
• - Abnormal nature of the order, particularly regarding quantities and/or amounts which does not correspond to the personal use of a final Consumer.
• - A product recall on the good that has been purchased.

 

GUERLAIN may also require additional verifications or information before accepting any order. GUERLAIN will contact the Customer if additional information is required to accept an order.

 

6.5 Samples

 

Any order may, at the sole discretion of GUERLAIN, come with a maximum of three (3) free samples within the limit of available stocks.

6.7 Loyalty program

 

The Customer who has opened an online customer account automatically join the “GUERLAIN&VOUS” loyalty program.

Membership of the “GUERLAIN&VOUS” program can be obtained on the Site. It is only possible to subscribe to the loyalty program once per person (same surname(s), first name(s), and address).

Thus, during any order placed on the Site and by connecting to his customer account, the Customer can accumulate and use his loyalty points under the conditions provided for in this article. This program allows, depending on the purchases made by the Customer on the Site, to accumulate loyalty points giving the right to benefits.

The Customer can consult the number of loyalty points obtained when purchasing Products at any time on the Site.

For each purchase of Products or care performed, 1 loyalty point is registered in the customer account for one Canadian dollar ($1) of purchase, regardless of the Product concerned. Each loyalty point is valid for 12 months after it is obtained (the "Validity Period"). If the loyalty points are not used during the Validity Period, they will be lost 12 months after the date of the qualifying purchase. Depending on the loyalty points threshold reached, the Customer may be given by GUERLAIN, when making a new purchase on the Site, benefits listed on the official Guerlain & You page (up to a limit of two identical gifts per year and within the limits of available stocks). Benefits are subject to change during the year.

Benefits are obtained only on the Site as part of an order for Products, regardless of the amount of the order (loyalty points cannot be used on the Site in the absence of prior purchase); in this case, the benefit(s) from which the Customer may benefit under the loyalty program will be sent to him at the same time as the Products ordered (with the exception of services such as Treatments and certain Products listed on the official Guerlain & Vous page at the address provided when ordering.

The loyalty points which are acquired during an order on the Site cannot be used during said order or said purchase. Indeed, following an online order made on the Site, the Customer's loyalty points balance will be updated with the number of loyalty points associated with this order. The Customer will then be able to recover any benefits during a future online purchase.

In the event of the return of Products under the right of withdrawal mentioned in Article 11 of these General Terms and Conditions of Sale, Guerlain will withdraw the loyalty points corresponding to the amount reimbursed to the Customer. Guerlain also reserves the right to close the customer account and consequently to withdraw the benefit of the loyalty program from the Customer in the event of abusive behavior by the Customer.

To the extent permitted by law, GUERLAIN reserves the right to modify the conditions of the “GUERLAIN&VOUS” loyalty program at any time.

The fact that a Customer asks to delete his customer account will automatically result in his unsubscribing from the loyalty program. Similarly, the fact that the Customer requests to no longer benefit from the loyalty program will result in the automatic deletion of his customer account. Once the account is deleted, all the points accumulated will be lost and the Customer will no longer be able to benefit from the points accumulated on the date of the deletion of his account.

It is specified that in the event of inappropriate behavior by the Customer towards GUERLAIN staff or members of the Customer Relations Department (violent, defamatory, obscene, shocking, indecent, indelicate remarks, etc.), GUERLAIN reserves the right to change the contact of the Customer, to report this Customer to the Customer Relations Department, to no longer respond to this Customer by blocking his number and/or excluding him from his customer database and withdrawing the benefit of the loyalty program.

7.1 Deemed location

 

A Contract is deemed to be entered into at the address of the Customer.

 

7.2 Information disclosed before Contract is entered into

 

Before a Contract is entered into, GUERLAIN will disclose the following information to the Customer prominently and in a comprehensible manner that ensures that the Customer is able to easily retain it and print it and bring it expressly to the Customer’s attention:

• (a) GUERLAIN’s corporate name and any other name under which GUERLAIN carries on business;
• (b) GUERLAIN’s address;
• (c) GUERLAIN’s telephone number and, if available, GUERLAIN’s fax number and email address;
• (d) a detailed, fair and accurate description of goods or services that are to be the object of the Contract, including characteristics and technical specifications;
• (e) details of any warranties or guarantees that apply to the Contract;
• (f) an itemized list of the prices of the Products that are to be the object of the Contract, including associated costs charged to the Customer and any additional charges payable, such as shipping charges, delivery, handling or insurance costs and taxes;
• (g) a description of any possible additional charges payable to a third party, such as customs duties and brokerage fees, whose amounts cannot reasonably be determined;
• (h) the total amount to be paid by the Customer under the Contract and, if applicable, the terms, conditions and method of payment;
• (i) the currency in which amounts owing under the Contract are payable if not Canadian dollars;
• (j) the date on which, or the time within which, the Products are to be delivered;
• (k) if applicable, the delivery arrangements, including the mode of delivery, the name of the carrier and the place of delivery;
• (l) the applicable cancellation, rescission, return, exchange and refund policies and conditions, if any;
• (m) any other applicable restrictions, limitations or conditions that may apply, including geographic limitations for the sale or delivery of the Products; and
• (n) policies and arrangements for the protection of the Customer’s financial and personal information.

 

7.3 Written form, Copy, Proof of the Contract

 

Each Contract will be evidenced in writing and indicate (i) the Customer’s name and address, (ii) the date the Contract is entered into and (iii) the information described in Article 7.2 above, as disclosed before such Contract was entered into.

These General Terms and Conditions of Sale will be an integral part of each Contract with the Customer attached to the email confirmation sent by GUERLAIN under Article 6.3 and GUERLAIN recommends that the Customer prints or saves this for future reference. However, the Customer may, at any time, request details of his/her order(s) by making the request via the contact form available on the Website.

GUERLAIN accepts payment by debit or credit card (Visa, Mastercard and American Express exclusively) and Paypal.

 

Payment by Paypal

 

At the time of order validation, the Customer chooses the "Paypal" payment option and is automatically redirected to the "Paypal" platform.

The Customer will then have to connect to his/her "Paypal" account using his/her login details and, if necessary, accept the applicable terms and conditions of Paypal. The Customer will also have the option of creating a Paypal account at this time if he/she does not already have one. After validating his/her order with "Paypal", the Customer will be redirected to the confirmation page of guerlain.com.

 

Payment by Credit Card

 

At the time of order validation, the Customer chooses Credit card payment option, the Customer enters his/her credit card number, the expiration date of the credit card, the name of the cardholder and the card security code (the last three or four numbers on the back of the credit card).

Payment is made by using the secured server of the payment service provider Cybersource (see below for more information) integrated into the Website. This means that none of the Customer’s bank information is processed by GUERLAIN or Salesforce (as the Website operator) on the Website. The payment by credit card is completely secured.

Any and all orders are payable in Canadian dollars and do not include applicable taxes.

The credit card is charged at the time the order is shipped.

Cheque payments are not accepted.

The Customer represents and warrants to GUERLAIN that he/she has the authorizations required to use the chosen method of payment at the time of the order validation and that he/she has provided truthful and accurate billing information. In case of refusal of the bank, the order will be automatically cancelled and GUERLAIN will not be responsible for the Customer’s order being cancelled.

The invoice will be available in the website. If the Customer has a Guerlain account he/she can login and go to “My order” section and click on “Sales details” and “Invoice”. If the Customer does not have a Guerlain account, he/she can click on “Check order” icon and fill his/her order number, order email and billing Postal Code to view, save and/or print the invoice.

 

Who is Cybersource?

 

To fight against fraudulent activities over the Internet, information pertaining to the orders is controlled by the payment partner designated by GUERLAIN: Cybersource, (a company registered in England and Wales, with company number 3425262 and whose registered address is at P.O. Box 8999, San Francisco, CA 94128-8999 USA) ("Cybersource"), a secure payment operator. Cybersource is responsible for the automated storage and processing of information relating to each order, including bank card details, in a secure environment.

Information pertaining to the orders is subject to automated data processing, for which Cybersource is the manager. The purpose of this automated data processing is to define a level of analysis for transactions and to fight against fraud regarding payment methods, in particular credit card fraud.

 

Cybersource and GUERLAIN are recipients of the data related to the Customer’s order. The non-transmission of the data related to the Customer’s order prevents the execution and analysis of the transaction. Please refer to GUERLAIN’s "Privacy Policy" for details on how GUERLAIN collects and processes personal data.

 

Should any payment incident occur in connection with a fraudulent use of a credit card or any other method of payment, the data set out on the corresponding order shall be recorded in a "payment incident" file implemented by Cybersource. Any incorrect declaration or anomaly may also be subject to a specific treatment.

 

As specified in the Privacy Policy, the Customer has, at any time, the right to access, modify and delete his/her own personal data by writing to GUERLAIN, giving a proof of his/her identity, via the contact form available on the Website.

 

If at any time the server is unavailable GUERLAIN will be unable to accept orders through the Website and accepts no responsibility to the Customer for his/her inability to make an order.

9.1 Delivery address

 

The Products ordered by the Customer in accordance with the present General Terms and Conditions of Sale will be delivered to the postal address indicated by the Customer as delivery address when placing his/her order.

Deliveries shall always be rejected if the delivery address indicated by the Customer corresponds to:

• - a hotel
• - a PO Box
• - a non-fixed address or domicile (i.e., without this list being exhaustive, mobile homes, caravans, campsites, and other non-fixed debits) or in a collective place where an individual address cannot be assigned in such a way and durable to a natural or legal person.

 

9.2 Delivery time / Delivery costs

 

Delivery time and costs depend on the delivery method chosen by the Customer when ordering. It shall be noted that delivery time is an estimate and may be longer for personalized Products as orders which include personalization process take additional time compared to a regular order.

 

Delivery time shall begin when the order confirmation email is sent. As soon as the order is sent, a shipping confirmation email is sent to the Customer with a tracking number.

 

For any delivery, the Products are delivered by Canada Post and the delivery costs are fixed at the amount stated on our Website from time to time.

 

Each parcel contains a delivery voucher which mentions the conditions and possible ways to return the Products received.

 

It is noted that fragrances cannot be delivered by Express Mail.

On receipt of the Products, the Customer undertakes to check the good condition of packaging and the conformity of the Products delivered with the order and inform GUERLAIN of any error, damage to packaging, or non-arrival as soon as possible.

 

In the event of an error or irregularity concerning the delivery, especially deterioration or partial non-arrival of Products (missing Products comparing to GUERLAIN’s invoice, delivery delay, etc.), the Customer shall indicate, at the receipt, his/her reserves by using the delivery slip given by the transporter, which will then be communicated to GUERLAIN via the contact form available on the Website within a maximum of ten (10) days counting from the receipt of the Products.

 

In the event that the Customer reported a missing product or a delivery delay, GUERLAIN will make enquiry with Canada Post.

 

In case of a missing product, should said product be found before the indicated delivery date, the product will be redirected to the delivery address specified in the order form.

 

If the order or the missing product has not been delivered after the indicated delivery date, the Customer shall write to GUERLAIN via the contact form available on the Website.

 

Under applicable laws, if the delivery is not carried out within thirty (30) days after the delivery date, the Customer has the right to cancel the Contract by making a statement to that effect, by any means including telephone, email, post or using the contact form available on the Website. The Contract shall be deemed to be cancelled upon receipt by GUERLAIN of the Customer's request informing of his/her decision (unless GUERLAIN has performed in the meantime). In such a case, all the sums paid by the Customer (including delivery charges) will be returned to the Customer as a reimbursement as soon as possible and no later than fourteen (14) days from the date on which the Contract was cancelled.

11.1 Right to Cancel

 

A Customer may have certain statutory rights to cancel a Contract under applicable provincial consumer protection laws and GUERLAIN will respect all such applicable laws.

 

For any reason whatsoever the Customer may exercise his/her right to cancel within fourteen (14) days from the date of the Customer’s receipt of the parcel. If GUERLAIN sends to the Customer multiple products from one order in separate parcels, these fourteen (14) days will start to run on the date the Customer receives the last parcel forming part of his/her order.

 

However, no return of personalized Product will be accepted by GUERLAIN unless they are damaged, or they do not correspond to the options of personalization selected by the Customer.

 

To exercise his/her right to cancel, the Customer must make a clear statement to that effect, whether this be by telephone, email, post or using the contact us form on the Website. The Customer may also use the Model Cancellation Form produced at schedule 1 of these General Terms and Conditions (although he/she is not obliged to do so).

 

GUERLAIN shall acknowledge receipt of the cancellation without delay by sending an email to the Customer.

 

11.2 Products Return

 

As from the exercise of his/her right to cancel, the Customer shall have an additional fourteen (14) days period to return the Products ordered.

 

Unsealed, open and/or used products shall not be accepted for return for hygiene and health protection reasons.

The Customer must return the Products in perfect condition and in original packaging, unopened, so that the Products can be remarketed, following the procedure described on the delivery form attached to the parcel. The Products must be returned accompanied by the return voucher duly completed, which has been sent with the parcel and is also available on the Website.

 

The Customer must return the Products to the following address:

 

Guerlain (Canada) Ltd,
2515 rue Léger
LaSalle, Québec
H8N2V9

 

If the Customer is entitled to return Products under the conditions above, the Customer may return his/her order free of charge via Canada Post by using the relevant label. To obtain this label the Customer need to contact Guerlain’s Client Service via the contact form available on the Website (subject: online purchases), or by phone: 1-888-874-9914. If the Customer does not return his/her order via the appropriate listed carrier, GUERLAIN will be unable to reimburse the Customer for the cost of making the return, except in case of a non-conformity of the Products delivered with the ordered ones (in such case, costs of return shall be borne by GUERLAIN). The Customer shall be responsible for any and all risks linked to the return of the Product(s). The Customer may follow his/her parcel via the tracking link sent in the Order confirmation email to avoid any inconvenience in case of loss or theft of the Products during the return transport.

 

If the above conditions are fulfilled, GUERLAIN shall reimburse to the Customer the total amount paid at the order of the returned Products, using the same manner as the payment for the order, excepted the costs of return, within a maximum period of fourteen (14) days from receipt of the return voucher, or – at the latest – from the most recent of the following dates: the day on which GUERLAIN receives the returned Products, or the day on which the Customer provides GUERLAIN with proof of expedition of the Products concerned by the exercise of the Customer’s right to cancel, whichever of these days occurs first.

In the event that the Customer has expressly chosen a method of delivery more expensive than the standard delivery method proposed by GUERLAIN, the additional costs shall not be reimbursed and shall be borne by the Customer.

 

In case of a partial return of Products, the sole price of the returned Products shall be reimbursed by GUERLAIN excluding the delivery costs, insofar as the Customer has benefited from the delivery service for the items kept and the delivery rates do not change depending on the volume ordered.

GUERLAIN guarantees that all the Products and their accessories are, at the time of the sale, fit for the purposes for which goods of that kind are ordinarily used, free of latent defects which render them dangerous or unfit for the use for which they are expected and durable in normal use for a reasonable length of time, having regard to their price, the terms of the Contract and the conditions of their use.

When relying on the legal warranty, the Customer shall:

 

• - Benefit from a one (1) year period from the Product delivery to submit a claim based on such warranty;
• - Have the possibility to choose between repair or replacement of the Product, unless that choice results in a clearly disproportionate cost in relation to the other possibility, considering the value of the Product or the importance of the defect. GUERLAIN undertakes to proceed, unless it is impossible, according to the Customer’s choice;
• - Not be required to provide with proof of a non-conformity during the twenty-four (24) months following the Product delivery.

 

The warranty applies regardless of the commercial guarantee potentially offered to Customer.

In the event of a lack of conformity of the Product delivered, the Customer have the possibility to return said Product to GUERLAIN, in its original condition, necessarily bearing the original labels and accompanied by the original packaging and the delivery voucher, informing GUERLAIN beforehand via the contact form available on the Website.

Failing the foregoing, GUERLAIN shall not proceed neither to the repair nor to reimbursement of the defective Product returned.

In the event that the return of the defective Product was justified, GUERLAIN shall replace or reimburse the defective Product and the delivery costs, excluding any other compensation. Should the Customer’s choice has a clearly disproportionate cost with respect to the other possibility, GUERLAIN shall proceed to the other possibility.

Under no circumstances shall repairs or replacements be requested and/or done in-store.

With the exception of the above assumptions, no replacement or repair of Product shall be accepted.

Some jurisdictions do not allow the limitation on implied warranties and conditions. If these laws apply to the Customer, the following disclaimer, in whole or in part, may not apply to such Customer. To the maximum extent permitted by applicable laws, GUERLAIN disclaims all other warranties and conditions of any kind, whether legal, express or implied relating to the Products or their use, suitability or availability.

In the event that GUERLAIN fails in its duty to honor its contractual undertakings under a Contract, it shall only be held liable for damages it causes to the Customer that were foreseen or foreseeable at the time the obligation was contracted and include only what is an immediate and direct consequence of the nonperformance. .

 

GUERLAIN shall assume no liability if the Customer uses the Product(s) without complying with their instructions for use.

 

Before placing an order, the Customer declares his/her full legal capacity entitling him/her to transact according to the present General Terms and Conditions of Sale. GUERLAIN shall assume no liability as to the confirmation of the Customers or visitors’ legal capacity. As a result, if a person who does not have legal capacity orders Products on the Website, his/her legal guardians shall assume responsibility of such order and, in particular, honor its payment.

 

GUERLAIN makes no warranties that the Website will be available on an uninterrupted, timely, secure or error-free basis. Especially, GUERLAIN shall not be held liable for:

• - Interruptions, malfunctions, or delays recorded on the Website due to technical failures, because of third parties or any circumstances beyond GUERLAIN’s reasonable control.
• - The impossibility or temporary inability for the Customer to access the Website, due to circumstances which are beyond GUERLAIN’s control, such as computer breakdown, interruptions of the telephone network, the Internet, or the failure of the Customer's reception equipment for the Internet.

 

GUERLAIN shall not be held liable for (i) the loss or alteration of or fraudulent access to the Customer’s personal data, (ii) the accidental transmission of viruses or other disruptive components resulting from the access to the Internet or email communications, nor (iii) for any aggravation of an injury that the Customer could have avoided.

Without limiting any other provisions of the present General Terms and Conditions of Sale, GUERLAIN shall only accept liability for injury caused by a fault which is duly proven and attributable to GUERLAIN. Liability is strictly limited to direct damages. GUERLAIN reserves the right to suspend access to the Website at any time.

For any information, complaints or question relating to the terms and conditions of sale on the Website or to the Products, Customers shall contact GUERLAIN's Client Service via the contact form available on the Website, when appropriate by using their order number.

GUERLAIN shall not be held liable for improper performance or partial or total non-performance of the obligations hereunder, if this is due to the Customer, or any unforeseeable and unsurmountable act of a third party, or a case of force majeure (also known as “superior force”) as defined by applicable laws and caselaw. These events shall justify the interruption and/or extinction of GUERLAIN’s obligations, without the Customer being entitled to any compensation or damages.

Any and all intellectual property rights attached to the Products presented for sale on the Website are and shall remain the exclusive property of GUERLAIN. All rights are exclusively reserved. Therefore, no one is authorized to reproduce, exploit, disseminate or use in any way, even partially, said intellectual property rights, unless GUERLAIN’s prior written consent has been obtained. GUERLAIN's trademarks and logos are registered trademarks. Consequently, any reproduction is an infringement.

The present General Terms and Conditions of Sale, the order summary communicated to the Customer and the order confirmation email constitute the entire agreement between the Parties. These are the sole binding and enforceable contractual documents between the Parties, excluding any other document or photograph of the Products which shall only be considered as indicative.

 

GUERLAIN may assign any Contract or any of its rights or obligations under any Contract, by giving the Customer notice. A Customer may not assign a Contract to any third party without the prior written consent of GUERLAIN. Any Contract benefits and binds the parties and their respective heirs, successors, and permitted assigns.

 

It is the express wish of the parties that these General Terms and Conditions of Sale and all related documents be drawn up in English.

The present General Terms and Conditions of Sale and the contractual relationship between GUERLAIN and the Customer shall be governed and construed in accordance with the laws of the province of New Brunswick and the laws of Canada applicable therein unless the applicable laws of the Customer’s province of residence require that the laws of such province govern, in which case, the laws of such province are to govern.

 

The exclusive jurisdiction for any claim, action or dispute with GUERLAIN or relating in any way to the Customer’s use of the Websites or a purchase made on the Websites will be the courts of the province of New Brunswick unless required otherwise by applicable laws of the Customer’s province of residence.

Even if GUERLAIN delays in enforcing the Contract, it can still enforce it later. If GUERLAIN does not insist immediately that the Customer does anything he/she is required to do under these General Terms and Conditions of Sale, or if GUERLAIN delay in taking steps against the Customer in respect of he/she breaking the Contract, that will not mean that the Customer does not have to do those things and it will not prevent GUERLAIN taking steps against the Customer at a later date.

 

The SCHEDULE Model Cancellation Form   (Complete and return this form only if you wish to withdraw from the contract)   To [TRADER'S NAME, ADDRESS, TELEPHONE NUMBER AND, WHERE AVAILABLE, FAX NUMBER AND E-MAIL ADDRESS TO BE INSERTED BY THE TRADER]   I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],   Ordered on [*]/received on [*],   Name of consumer(s),   Address of consumer(s),   Signature of consumer(s) (only if this form is notified on paper),   Date   [*] Delete as appropriate