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Date : January 2021
The present general terms and conditions of sale apply to all and any orders placed on GUERLAIN website by customers located in Hong Kong Special Administrative Region (“HKSAR”).
Who we are
GUERLAIN is a company engaged in the creation and distribution of luxury perfume, skincare and cosmetic products under the trademark GUERLAIN.
Complementary to GUERLAIN’s network of selected retail outlets and Boutiques, in which the products are sold, GUERLAIN has wished to implement its own online sales website. GUERLAIN trades products on its website solely for individual Consumers. Any order not corresponding to a retail sale and any fraudulent or assumedly fraudulent order shall be treated by GUERLAIN as void and shall not be processed.
The Customer’s particular attention is drawn to Article 13 (GUERLAIN’S liability to the Customer).
The Customer’s particular attention is drawn to Article 13 (GUERLAIN’S liability to the Customer).
"Boutique" means a physical GUERLAIN store.
"Consumer" means (i) an individual and (ii) someone acting wholly or mainly outside of their business, trade, craft or profession.
"Contract" means the contract made between the Parties each time an order is finalized under Article 6.3 of these General Terms and Conditions of Sale.
"Customer(s)" means the user(s) browsing the website and placing an order of Product(s) for personal use.
"GUERLAIN" means Guerlain (Asia Pacific) Limited, a private limited company incorporated in HKSAR under the company number 31170whose registered office is located at 29th Floor, Cambridge House, Taikoo Place, Quarry Bay, Hong Kong.
Electronic contact: available on GUERLAIN’s website, via the « Contact US » icon.
"General Terms and Conditions of Sale" means these general terms and conditions applying to any and all sales of Products presented on the website.
"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 GUERLAIN online sales website, which is accessible via https://guerlain.com/hk and offers the Products for sale.
These General Terms and Conditions of Sale set out the 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 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.
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 of the language of such General Terms and Conditions and of the Website, and has been fully informed on and accepted such General Terms and Conditions of Sale 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.
GUERLAIN reserves the right to amend, at any time, the General Terms and Conditions of Sale. 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 and 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 at 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. 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. 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 Customer 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 bank 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
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.
In addition, if the Customer wishes to purchase new plates, he or she may go to one of the Boutiques in the Guerlain network and purchase them at the current price displayed in the Boutiques. They may also choose to take advantage of the refilling service offered in the Boutique at the current rate displayed in the Boutiques.
All Products prices are firm. Prices are given in Hong Kong dollars all taxes (if any) included. The price in force is the one indicated for each Product on the Website.
These prices include all taxes applicable (if any) on the day of the order but exclude 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.
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 sells Products via the Website to Consumers. Products are solely intended for the Customer personal use, excluding any connection to his/her professional capacity. As a consequence, any order exceeding three (3) 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.
In the event of an order of Products exceeding this maximum, the order shall be considered as null 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:
Fill in the virtual shopping bag by clicking on the icon “Add to cart” and indicating the Products concerned.
The Customer can also choose to engrave free of charge the bottle l'Art & la Matière eau de parfum of 100 or 200 ml, and choose free of charge the color of the cord, the tassel as well as a collection plate to be fixed on the stopper of the Flacon. The Customer can also choose to personalize the stopper of the bottle l'Art & la Matière eau de parfum of 100 and 200 ml with an exceptional plate or a jewelry plate at the tariff in force available on the Site.
Click on the button “Checkout”.
Check and modify, as the case may be, the content of the virtual shopping bag, then click on the button “Checkout”.
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".
Until the “Proceed to payment” step, the Customer has the possibility to 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.
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 to refuse any order in the event of:
- - Number of Products ordered exceeds the maximum provided in the present Article 6.1.
- - 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;
- - Abnormal nature of the order, particularly regarding quantities and/or amounts which does not correspond to the personal use of a final consumer.
6.5 Use of loyalty points
For any order placed on the Site while connected to his/her customer account, the Customer can accumulate his/her loyalty points under the conditions provided for by the GUERLAIN loyalty program by making enquiry through GUERLAIN Customer Service.
For every HK$1 you spent in Guerlain stores you are entitled to 1 bonus point. Once you have accumulated enough bonus points, you can redeem your favorite gifts within the validity period.
The Customer has the possibility of going to a point of sale and/or the Shop to collect his/her gift.
Communication between the Parties is done by email, which is accepted by the Customer. The storage of the order on GUERLAIN's computer systems, the order confirmation and any communication between the Parties shall be considered as evidence of the contract.
The computerized records stored in the computer systems of GUERLAIN and its partners shall be considered as evidence of any communications, orders and payments between the Parties.
These General Terms and Conditions of Sale will be supplied to the Customer in the form of a link provided 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). 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). 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 Hong Kong dollars and are inclusive of tax (if any).
The credit card is charged at the time of dispatch of the order.
Cheque payments are not accepted.
The Customer guarantees GUERLAIN that he/she has the authorizations required to use the chosen method of payment at the time of the order validation. 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 an account he can login and go to “My order” section and click on “Sell details” and “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”), which is a secure payment operator. This company 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.
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.
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.
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 SF Express 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.
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 seven (7) 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 SF Express.
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, for any other reason than a case of force majeure, the Customer shall write to GUERLAIN via the contact form available on the Website.
If the delivery is not carried out within a reasonable additional time, the Customer has the possibility to cancel the Contract by making a statement to that effect, by email 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.
For any reason whatsoever the Customer may exercise his/her right to cancel within seven (7) 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 seven (7) days will start to run on the date the Customer receives the last parcel forming part of his/her order.
To exercise his/her right to cancel, the Customer must make a clear statement to that effect, whether this be by telephone, email 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.
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.
However, no return of personalised Product will be accepted by GUERLAIN unless they are damaged or they do not correspond to the options of personalisation selected by the Customer.
If the Customer is entitled to return Products under the conditions above, the Customer may return his/her order free of charge via SF Express. GUERLAIN will arrange with SF Express to collect the Products and the Customer shall follow the instructions of GUERLAIN as communicated to him/her for the return of Products.
The Customer shall be responsible for any and all risks linked to the return of the Product(s).
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, within a maximum period of fourteen (14) days from the day on which GUERLAIN receives the returned Products.
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 are conform to the use for which they are expected and present no defaults that render them dangerous or unsuited to their normal use.
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 well founded, GUERLAIN shall replace or reimburse the defective Product and the delivery costs, excluding any other compensation. Should the Customer’s choice have 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.
GUERLAIN shall only be held liable for due care. Only the Customer shall judge whether the Products ordered are appropriate and adapted to his/her needs and consumption.
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, a case of force majeure, or because of third parties or any other circumstances beyond GUERLAIN’s 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.
Without limiting any other provisions of the present General Terms and Conditions of Sale, GUERLAIN shall only accept liability for a fault which is duly proven and exclusively 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 customer 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 as defined by 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.
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 Hong Kong Special Administrative Region (“HKSAR”). All disputes or differences that may arise in connection with or in relation to these General Terms and Conditions of Sale, or in connection with the relationship between the Parties, shall be first submitted to a consumer mediator. Should no amiable settlement be reached, any disputes will be submitted to and definitively settled by the Courts of HKSAR.
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.
These General Terms and Conditions of Sale are translated into the Chinese language. In the event of any discrepancy between the English and the Chinese version, the English version shall prevail.
(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),
[*] Delete as appropriate