1.1 GUERLAIN is a company engaged in the creation and distribution of luxury perfume, skincare and cosmetic products under the trademark GUERLAIN.

 

1.2 Complementary to GUERLAIN’s network of selected retail outlets and Boutiques in which the Products are sold, GUERLAIN has its own online sales Website. GUERLAIN offers for sale and sells the Products on its Website solely for individual Customer purchase and use.

 

1.3 For any questions or concerns, the Customer may contact GUERLAIN Customer Service using the below options:

 

1.3.1 via the contact form available on the Website; or

 

1.3.2 by telephone at +44 2035 142 400 (standard local telephone charges apply) available Monday to Friday from 09:00 to 17:00.

 

1.4 The Customer’s particular attention is drawn to clause 13 (GUERLAIN’S liability to the Customer).

2.1 These General Terms and Conditions of Sale set out the terms and conditions under which GUERLAIN shall offer for sale, sell, and deliver Products as ordered by Customers via the Website, and govern the Parties’ rights and obligations in respect thereof.

 

2.2 The General Terms and Conditions of Sale can always be found by the Customer on: https://www.guerlain.com/uk/en-uk/c/terms-of-sales.html and shall be communicated to the Customer on simple request by telephone at +44 2035 142 400 or via the contact form available on the Website here.

 

2.3 The Customer can, at any time, save or print the General Terms and Conditions of Sale by clicking the “PRINT” icon. After printing, modification by the Customer of the General Terms and Conditions of Sale is explicitly prohibited.

 

2.4 Please note that certain functions made available on the Website are governed by additional terms and conditions. For example, GUERLAIN’s Terms of Use (which you can access here https://www.guerlain.com/uk/en-uk/c/legal-terms.html) describe how to access and use the Website and the content on it, even if you do not place an order. They also govern how Customers may register an account with GUERLAIN.

 

2.5 In addition to clause 2.4 above, please note that: (a) the Website uses cookies, the use of which are governed by GUERLAIN’s Cookies Policy here; and (b) GUERLAIN only uses Customer personal information in accordance with GUERLAIN’s Privacy Policy here.

 

"Boutique" means a physical GUERLAIN store.

 

"Contract" means the contract of sale made between the Parties each time an order is placed and accepted in accordance with clause 7 of these General Terms and Conditions of Sale.

 

"Customer(s)" means an individual, who is acting wholly or mainly outside of their business, trade, craft or profession, browsing the Website and placing an order of Product(s) for personal use.

 

"Eligible Purchase" has the meaning given in clause 13.3.1.

 

"Eligible Point of Sale" has the meaning given in clause 13.7.

 

"GUERLAIN" means "GUERLAIN UK Ltd" a company registered in England and Wales with company number 00317311, whose registered office is located at LVMH Perfumes & Cosmetics House, 11-13 Old Esher Road, Horsham, Surrey KT12 4NH. GUERLAIN UK Ltd.’s registered VAT number is GB222455587.

 

"GUERLAIN&YOU Loyalty Programme" means a GUERLAIN owned and operated loyalty programme through which Members can earn points on Eligible Product purchases to redeem for gifts or other benefits from time to time offered by GUERLAIN.

 

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

 

"Loyalty Programme Terms" are terms that define the GUERLAIN&YOU Loyalty Programme, as further set out in clause 13.

 

"Member" means an individual, who is acting wholly or mainly outside of their business, trade, craft or profession, who, following the process described in clause 13.2.4, has a membership under the GUERLAIN&YOU Loyalty Programme.

 

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

 

"Payment Method" has the meaning given in clause 8.2.1.

 

"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 www.guerlain.com/uk/, and offers the Products for sale.

4.1 GUERLAIN reserves the right to amend, at any time, the General Terms and Conditions of Sale.

 

4.2 The General Terms and Conditions of Sale that are in effect on the Website at the time of the Customer’s order shall apply to the order. A link to the General Terms and Conditions of Sale that apply to the order will also be sent with the order confirmation email (please see clause 7.2 for more information.

5.1 Products description:

 

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

 

5.1.2 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.

 

5.1.3 Indeed, while GUERLAIN makes its best efforts to ensure that the colour of the Products – whose photos are displayed on the Website – are faithful to the original, variations may occur (including slight differences in colours and proportions), particularly given the technical limitations of colour renderings of computer equipment. In particular, when using the “Personalise” option, the presentation of the Products comprising the personalisation 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.

 

5.2 Products availability

 

5.2.1 The Products displayed on the Website are made available 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 opportunity by email or telephone of the unavailability of the Product(s) and the partial or full cancellation of their order.

 

5.2.2 If the order is completely cancelled for unavailability, the Customer’s order shall be automatically cancelled, and their bank account will not be charged.

 

5.2.3 If the order is partially cancelled for unavailability:

 

1. the Customer’s order will be validated, and their selected Payment Method will be charged only with the amount of the Products actually dispatched;
2. the Customer will be informed at the earliest opportunity by email or telephone of the unavailability of the Product(s) concerned; and
3. the Customer will receive the available Products.

 

5.3 Product personalisation service

 

5.3.1 Some of GUERLAIN’S Products on the Website are capable of personalisation and where this is the case it will be made clear on the relevant Product description page. The Customer will be asked to confirm or complete (as applicable) any required personalisation choices during the checkout process before checking out and before any payment is taken.

 

5.3.2 Any personalisation choices directed by the Customer must not be defamatory, abusive, illicit or discriminatory in nature; failure to comply with this clause will give GUERLAIN the right to reject and/or cancel the corresponding order. If the order is cancelled in accordance with this clause after payment by credit card for that order has been made, the Customer’s bank account will not be charged, in accordance with article 5.2.2 above. As an exception to the previous sentence, if the order is cancelled in accordance with this clause after payment via Paypal for that order has been made, the pre-authorization shall need to be manually released by GUERLAIN’s Customer Service, which may take up to 14 days.

 

5.3.3 The Customer’s rights in respect of cancellations and returns in respect of personalised Products are different from non-personalised Products. Please see clause 12.1.1 for more information.

 

5.4 Product refills

 

5.4.1 Some GUERLAIN Products may give an option to purchase a refill in-person at a GUERLAIN Boutique. Where this is the case, this will be set out in the relevant Product description on the Website.

 

5.4.2 For the avoidance of doubt, GUERLAIN’S refill services are only offered on specifically nominated refillable Products. For example, a “Bee Bottle” may be refilled with perfume, and can only be obtained at GUERLAIN Boutiques. At this time, there is no option for Customers to purchase a refill by any other method including, but not limited to, posting a Bee Bottle via any postal or delivery system.

 

5.4.3 Within a Boutique, GUERLAIN reserves the right to double check the perfume which was initially put into the Bee Bottle to ensure that the refill is of the same scent. The Customer must also confirm to GUERLAIN that no other product of any substance has been placed in the Bee 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.

6.1 Conditions of ordering

 

6.1.1 GUERLAIN only offers for sale and sells Products via the Website to Customers. Products are solely intended for a Customer’s personal, non-commercial use, excluding any connection to their professional capacity. As a consequence, any order exceeding five (5) units bearing the same reference may be rejected by GUERLAIN if presumed to correspond to the consumption and personal use beyond that of a Customer.

 

6.1.2 To place an order on the Website, the Customer must be of legal age, have legal capacity and hold (and be authorised to use) a valid Payment Method.

 

6.2 Order process

 

6.2.1 To place an order, the Customer must follow these steps:

 

1. add Products to your cart by clicking on the icon "Add to cart";
2. for Products that have a personalisation option, click on the “Personalise” button and complete the required fields. Please note that: (i) the selection of different personalisation choices will change the price of the Product (for example, a larger volume perfume will be a higher price than a lower volume perfume); and (ii) it is not possible to purchase two identically personalised Products in the same order;
3. check and modify, as the case may be, the contents of the virtual shopping cart, then click on the button "Checkout";
4. select an option to checkout. The Website offers the following:
1. checkout as a guest;
2. log into an existing account that the Customer holds with GUERLAIN, using the email address and password associated with that account, and checkout in connection with that existing account; or
3. if an existing account with GUERLAIN does not exist, follow the click through process to create an account on the Website first, then log into the new account, and finally checkout in connection with that new account. Please note that account creation and maintenance is governed by GUERLAIN’s Terms of Use which can be accessed here. By creating an account with GUERLAIN, the Customer agrees to comply with and be bound by GUERLAIN’s Terms of Use;
5. complete all requested details required for order processing and delivery (this may include, for example, name, email address, telephone number, delivery address, and billing address);
6. validate the chosen delivery method (for example, DPD);
7. tick the box “By validating your order, you accept the General Terms and Conditions of Sale”. By ticking this box, the Customer confirms that they read, understood and agreed to be bound by the General Terms and Conditions of Sale. This acceptance is in no way conditional upon a handwritten signature on the part of the Customer;
8. click “Proceed to payment” to submit the order. Clause 8 then applies to the Customer’s payment.

 

6.2.2 The Customer is responsible for ensuring that their order is complete and accurate. Until the Customer clicks “Proceed to payment”, the order process allows the Customer to check and amend any errors that they could have made while completing the various fields by clicking:

 

1. on the icon “Edit” on the right side of the various checkout pages;
2. on the return arrow at the top left of their screen; or
3. on the “See all details” button in the order summary on the right side of the screen which will redirect to their virtual shopping cart, where modifications can be made.

 

6.2.3 After the Customer confirms their order by clicking on the “Proceed to payment” icon, and makes payment, the Customer can no longer modify their order as GEURLAIN will begin processing it immediately.

 

6.3 GUERLAIN reserves the right to refuse an order for any commercial or legal reason, in particular in the following cases:

 

• - Number of Products ordered exceeding the maximum set in Article 6.1.1;
• - Dispute with the Customer regarding a previous order, for instance due to the total or partial non-payment of a previous order by the Customer;
• - Refusal of authorisation of payment by payment agencies including CyberSource (payment service provider used by GUERLAIN to detect credit card frauds);
• - Request for personalisation which does not comply with the provisions of Article 5.3; or
• - Abnormal nature of the order, particularly regarding its recurrence, quantities and/or amounts which do not correspond with the personal use of a final consumer.

 

6.4 The order process is only available in the English language and we may not file a copy of any contract formed between the Customer and GUERLAIN (see clause 7.6 for more information).

7.1 The order, once submitted by the Customer in accordance with clause 6, constitutes an offer to GUERLAIN.

 

7.2 Following the validation of the payment by the Customer, a confirmation of the order will be sent by email to the Customer from GUERLAIN. The order confirmation includes the summary of the Products ordered, the full price (including the delivery costs) and the order number. It will notify the Customer of its statutory rights of cancellation and will contain a link to the applicable General Terms and Conditions of Sale in PDF format. GUERLAIN recommends that the Customer prints or saves this for future reference.

 

7.3 A legally binding contract is formed between the Parties when the Customer receives the order confirmation by email (as detailed in clause 7.2 above) from GUERLAIN.

 

7.4 Each order that you place on the Website shall incorporate the General Terms and Conditions of Sale applicable when the order was placed and shall be a new and separate contract between the Parties.

 

7.5 If the Customer has an account with GUERLAIN, the Customer will be able to view [their recent / all of their] orders by signing in and navigating to the ‘My Orders’ section of their account.

 

7.6 Except as set out in clause 7.5, the details of any contract formed via the Website will not be filed by GUERLAIN unless the order exceeds the value of one hundred and twenty pounds sterling (£120), in which case GUERLAIN will archive the contract for a period of ten (10) years following the date of the last delivery of any Products in the order. Within this time period, the Customer may request details of the applicable order(s) by making a request via the contact form available on the Website here.

 

7.7 The Products ordered shall remain the property of GUERLAIN until full and complete payment of their value has been rendered (including, for the avoidance of doubt, the main value of Products, as well as any costs and taxes, and the applicable delivery costs).

 

8.1 Price

 

8.1.1 All Product prices are given in pounds sterling (£) and include all taxes. The price in force is the one indicated for each Product on the Website. These prices include all taxes applicable on the day of the order but exclude any delivery costs, which will be charged additionally and will be specified to the Customer during the checkout journey and prior to the order being finalised and/or any payment being taken.

 

8.1.2 GUERLAIN reserves the right to modify the price of the Products from time to time on the Website. These changes will not affect orders already placed and accepted in accordance with clauses 6 and 7.

 

8.2 Payment

 

8.2.1 The Customer shall pay for the Products using one of the payment methods set out in the order process (the "Payment Methods").

 

8.2.2 If the Customer selects a credit card, debit card or gift card Payment Method at the checkout, the payment will be carried out by an independent payment processor; Cybersource and its respective affiliates (and not GUERLAIN). Using one of these Payment Methods, payment will be taken at the time of dispatch of the order. The processing of the payment is therefore subject to and governed by Cybersource’s terms and policies. GUERLAIN is not involved in payment processing and does not accept any liability relating to these services and processes. In particular, GUERLAIN is not responsible for any errors made by any payment processor. The Customer should review the applicable terms and policies of any payment processor that processes its payment in respect of an order.

 

8.2.3 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.

 

8.2.4 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.

 

8.2.5 If the Customer selects PayPal as a Payment Method, the Customer will be asked to confirm that they accept being redirected to the PayPal platform. Using the PayPal Payment Methods, [payment will be taken at the time of dispatch of the order]. The processing of the payment is therefore subject to and governed by PayPal’s terms and policies. GUERLAIN is not involved in payment processing and does not accept any liability relating to these services and processes. In particular, GUERLAIN is not responsible for any errors made by any payment processor. The Customer should review the applicable terms and policies of any payment processor that processes their payment in respect of an order.

 

8.2.6 By making a purchase on the Website, the Customer confirms that:

1. they have the legal right to use any Payment Method(s) used in connection with a Product order;
2. the information supplied in the process is true, correct, and complete; and
3. if they use a Payment Method that they are not authorised to use, the Customer will be liable to GUERLAIN for any losses that GUERLAIN suffers as a result of the Customer’s use of that Payment Method.

 

8.2.7 If the Customer’s payment is not authorised, the order will not be fulfilled.

9.1 GUERLAIN may offer free samples from time to time when the Customer places an order on the Website. There is no legal entitlement to free samples, and GUERLAIN reserves the right to offer or not offer free samples from time to time at its sole discretion.

 

9.2 Even if the Customer is offered a choice of different free samples, this does not guarantee receipt of the specific samples that they have indicated interest in. GUERLAIN may elect to send the Customer any assortment of free samples up to a maximum of three (3) free samples within the limit of available stocks.

10.1 Delivery address

 

10.1.1 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 the delivery address at the time of placing the order.

 

10.1.2 Deliveries are not possible, and orders will be cancelled (and, if payment has already been taken, refunded) if the delivery address indicated by the Customer corresponds to:

 

1. any location within the British Virgin Islands or the Channel Islands;
2. a hotel;
3. a PO Box;
4. a non-fixed address or domicile (i.e., without this list being exhaustive, mobile homes, caravans, campsites, and other non-fixed domiciles); or
5. any collective place where an individual address cannot be assigned.

 

10.2 Delivery options, times and costs

 

10.2.1 The checkout process on the Website presents various delivery options (e.g., couriers and carriers) which may be modified at any time by GUERLAIN in its sole discretion at any time (although any change would not affect an order that has already been placed, accepted, and is out for delivery).

 

10.2.2 Delivery time and costs will depend on the delivery method chosen by the Customer when ordering. Delivery times may be longer for personalised Product orders as personalisation processes necessarily require additional time as compared to a non-personalised Product order. However, this information will be clearly indicated prior to the order being submitted and/or any payment being taken.

 

10.2.3 On dispatch of the order, the estimated delivery time will be confirmed in a shipping confirmation email and tracking information may be provided (depending on the delivery option selected by the Customer). This is a separate email from the order confirmation email (see clause 7.2).

 

10.2.4 If GUERLAIN’s supply of the Products is delayed by an event outside of its control then GUERLAIN will contact the Customer as soon as possible to notify of the delay and the steps to minimise the effect of the delay.

 

10.2.5 If no one is available at the Customer’s address to take delivery of the Products, a note will be left at the address informing the Customer of how to rearrange delivery or collect the Products from a local depot. If the Customer does not collect the Products as arranged or if, after a failed delivery, the Customer does not re-arrange delivery or collection from a delivery depot then GUERLAIN will contact the Customer for further instructions and may impose additional charges for storage costs and any further delivery costs. If GUERLAIN, despite its reasonable efforts, is unable to contact the Customer or re-arrange delivery or collection, GUERLAIN may terminate the contract.

 

10.3 The Customer is responsible for the Product from the moment it is delivered to the address the Customer provided.

11.1 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.

12.1 Cancellation rights

 

12.1.1 The Customer has a legal right to change their mind and cancel the contract with GUERLAIN within fourteen (14) days of delivery of the Products without giving a reason. This right, under the Consumer Contracts (Information, Cancellation and Charges) Regulations 2013, is explained in more detail below. Please note that the Customer’s right to change their mind does not apply to any bespoke or personalised Products purchased from GUERLAIN (i.e. Products that GUERLAIN creates to the Customer’s specification or that are clearly personalised).

 

12.1.2 The cancellation period will expire fourteen (14) days from the day on which the Customer acquires, or a third party other than the carrier and indicated by the Customer acquires, physical possession of the Products. The Customer may cancel the contract in respect of all Products delivered or in respect of certain of the Products only. Where the Customer orders multiple Products in one order or a Product is delivered in separate parts, lots or pieces, the cancellation period will expire fourteen (14) days from the day on which the Customer acquires, or a third party other than the carrier and indicated by the Customer acquires, physical possession of the last Product, part, lot or piece that makes up the order.

 

12.1.3 As a commercial gesture towards its Customers, GUERLAIN extends to thirty (30) days the right for its Customers to cancel the contract without giving a reason.

 

12.1.4 To exercise the right to cancel, the Customer must inform GUERLAIN of their decision to cancel the contract with GUERLAIN by making a clear statement (e.g. a letter sent by post or email). The easiest way to do this is to contact GUERLAIN’s Customer Services team here. The Customer may alternatively use the model cancellation form set out below, but is not required to do so.

 

Model Cancellation Form   (Complete and return this form only if you wish to cancel your contract with Guerlain in connection with clause 12.1 of the General Terms and Conditions of Sale)   To GUERLAIN UK Ltd, a company registered in England and Wales with company number 00317311, whose registered office is located at LVMH Perfumes & Cosmetics House, 11-13 Old Esher Road, Horsham, Surrey, KT12 4NH.   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

12.1.5 To meet the cancellation deadline, it is sufficient for the Customer to send their communication concerning the exercise of their right to cancel before the cancellation period has expired.

 

12.1.6 GUERLAIN will send the Customer an acknowledgement of receipt of the notice to cancel by email.

 

12.1.7 If the Customer cancels the Contract with GUERLAIN, GUERLAIN will refund all payments received from the Customer, including the cost of delivery (except for the supplementary costs arising if the Customer chose a type of delivery other than the least expensive type of standard delivery offered by GUERLAIN and for any deductions permitted under clause 12.4.4).

 

12.1.8 GUERLAIN may withhold the Customer's refund until it receives the Products back or is supplied with the Customer’s evidence of return (such as proof of postage) of the Products, whichever is the earliest.

 

12.2 Issues with Products

 

12.2.1 Separate to the right of cancellation (as set out in clause 12.1), the Customer also has legal rights in relation to Products that are not as described, faulty or otherwise not fit for purpose. If the Customer believes that any of the Products ordered do not conform with these General Terms and Conditions of Sale, please contact GUERLAIN’s Customer Services Team to request a replacement or refund here.

 

12.3 Returns

 

12.3.1 The Customer must return the Product in the same condition that it was delivered in, in its original packaging and unopened, so that the Product can be remarketed. However, this requirement does not apply if the Customer returns the Product due to a defect (mechanical or otherwise) or a non-conformity with the Customer’s order of the Product delivered.

 

12.3.2 Each parcel contains a delivery voucher which:

 

1. confirms the conditions and possible ways to return Products;
2. contains information fields that the Customer must complete (for example, to identify the Products being returned and why); and
3. must be included in the parcel being returned.

 

12.3.3 If the Customer wishes to exercise their rights to a refund under this clause 12, it must return the relevant Products to the following address:

 

GXO MK90,

Chippenham Drive

Kingston

Milton Keynes

MK10 0AN

 

12.3.4 The delivery voucher will specify that the Customer may return their order free of charge via DPD by using the DPD label contained in the parcel. If the Customer does not return their order via DPD, and elects to use a different courier or carrier for the return, then:

 

1. GUERLAIN will be unable to reimburse the Customer for the cost of making the return (except in case of Products that are faulty or misdescribed in accordance with clause 12.2); and
2. the Customer must bear the risk of any loss, theft or damage to the Products during the returns journey.

 

12.3.5 The Customer is responsible for taking reasonable care of the Products until they are returned to GUERLAIN. It is recommended that the Customer returns the Products using the recommended shipping procedure contained within the parcel and retains proof of postage.

 

12.4 Refunds of payments

 

12.4.1 GUERLAIN will make any due refund using the same means of payment as the Customer used for the initial transaction. The Customer will not incur any fees as a result of the refund.

 

12.4.2 GUERLAIN will make the refund without undue delay, and no later than:

 

1. fourteen (14) days after the day GUERLAIN receives back from the Customer any Products supplied;
2. if earlier, fourteen (14) days after the day the Customer provides evidence of having returned the Products; or
3. if there were no Products supplied, fourteen (14) days after the day on which GUERLAIN is informed about the Customer’s decision to cancel the contract.

 

12.4.3 In case of a partial return of some (but not all) Products making up the same order, the price of the returned Products shall be refunded by GUERLAIN excluding the delivery costs, insofar as the Customer has benefitted from the delivery service for the Products kept and the delivery rates do not change depending on the volume ordered.

13.1 Purpose

 

13.1.1 The loyalty programme “GUERLAIN&YOU” is a programme operated and managed by Guerlain SAS, a joint stock company, with capital of 19,764,000 euros, registered with the Registry of Companies of Paris under number 582 022 265, Siret 582 022 265 00018, whose headquarters are located at 68, Avenue des Champs-Elysees, 75008 Paris, France, VAT No. FR 71 582 022 265.

 

13.1.2 The purpose of these Loyalty Programme Terms is to define the GUERLAIN&YOU Loyalty Programme and govern a Customer’s use of and access to it as a Member.

 

13.1.3 GUERLAIN does not guarantee uninterrupted access to the GUERLAIN&YOU Loyalty Programme. GUERLAIN cannot be held liable for such interruptions or for the consequences resulting from any malfunction in the GUERLAIN&YOU Loyalty Programme. In the event of a malfunction, GUERLAIN will make every reasonable effort to restore Member access and ensure that Members can preserve earned benefits.

 

13.1.4 All membership types are only available to individuals who are acting wholly or mainly outside of their business, trade, craft or profession. Members agree not to use their membership for any commercial or business purposes and GUERLAIN has no liability to Members for any loss of profit, loss of business, business interruption, or loss of business opportunity.

 

13.2 Eligibility and enrolment

 

13.2.1 The GUERLAIN&YOU Loyalty Programme is offered at GUERLAIN’s sole discretion.

 

13.2.2 The GUERLAIN&YOU Loyalty Programme is limited to one (1) membership account per individual.

 

13.2.3 The GUERLAIN&YOU Loyalty Programme is only offered and available to individuals who:

 

1. are acting wholly or mainly outside of their business, trade, craft or profession;
2. are eighteen (18) years of age or older;
3. are resident and/or domiciled in the UK; and
4. already hold a GUERLAIN account. To find out how to register for a GUERLAIN account, and to review the terms and conditions that apply to a GUERLAIN account, please see GUERLAIN’s Terms of Use here.

 

13.2.4 To apply to be a Member, the Customer must fill out a customer information form online at the Website or at a selected GUERLAIN Boutique in the UK. You will be asked to provide certain information (including but not limited to name, address, email and telephone number). All personal data will be processed in accordance with GUERLAIN’s Privacy Policy which you can access by clicking here. The Customer is responsible for ensuring that all of the information provided in connection with its membership account is complete and accurate. The Customer must notify GUERLAIN immediately if there are any changes to the information provided.

 

13.2.5 By applying to be a Member, the Customer confirms that it accepts these Loyalty Programme Terms and agrees to comply with them. If the Customer does not agree to these Loyalty Programme Terms, it will not be eligible to apply for or participate in the GUERLAIN&YOU Loyalty Programme and will not be a Member.

 

13.2.6 No purchase is necessary to enrol in the GUERLAIN&YOU Loyalty Programme.

 

13.2.7 No physical loyalty card is issued for the GUERLAIN&YOU Loyalty Programme.

 

13.3 Earning points

 

13.3.1 Points can be earned on purchases of perfumes, skincare or makeup Products made at either GUERLAIN Boutiques or on the Website (“Eligible Purchase(s)”). If the Member is shopping:

 

1. on the Website, they will need to log into their GUERLAIN account in order to collect points; or
2. at a GUERLAIN Boutique, they will need to provide a member of retail staff in the GUERLAIN Boutique with their account number.

 

13.3.2 A Member will begin collecting points from their first Eligible Purchase. For each Eligible Purchase of GUERLAIN Products, one (1) point is credited to the Customer's account for every one (1) pound sterling spent.

 

13.3.3 The points will be added to the Member’s account balance and can be viewed by navigating to the GUERLAIN&YOU Loyalty Programme tab within the account section of the Website. Points may take twenty-four (24) hours or longer to be added to and become visible on the Customer’s account balance following the Eligible Purchase.

 

13.3.4 If a purchase that earned points is subsequently cancelled or refunded, this will also be automatically reflected in the Member’s account and the relevant earned points associated with the then-cancelled or refunded purchase will be deducted from the overall points balance.

 

13.4 Tiers

 

13.4.1 The GUERLAIN&YOU Loyalty Programme has six (6) tiers. A Member can progress to a higher tier by making more or higher value Eligible Purchases.

 

13.4.2 The current tiers are arranged as follows:

 

1. for a number of points equal to or greater than 100 points and up to 179 points, Tier 1;
2. for a number of points equal to or greater than 180 points and up to 299 points, Tier 2;
3. for a number of points equal to or greater than 300 points and up to 599 points, Tier 3;
4. for a number of points equal to or greater than 600 points and up to 1499 points, Tier 4;
5. for a number of points equal to or greater than 1500 points and up to 2999 points, Tier 5; and
6. for a number of points equal to or greater than 3000 points and beyond, Tier 6.

 

13.4.3 [The benefits of each tier are independent of each other. Members, once they have gathered enough loyalty points, are able to select rewards from the tiers they want.]

 

13.5 Redeeming points

 

13.5.1 A Member can redeem points for membership benefits, based on their Membership tier (see clause 13.4.2 above for more information on tiers).

 

13.5.2 The points cumulated are valid for twelve (12) months. If the points are not used, they will be lost twelve (12) months after the date of the Eligible Purchase.

 

13.5.3 A Member can redeem points for benefits either on the Website or in an Eligible Point of Sale. If a Member redeems points for benefits:

 

1. in-person and in-store at an Eligible Point of Sale, the following terms and conditions apply:
1. no purchase is necessary in order to redeem points for benefits;
2. if a Member redeems points for a benefit that is a gift, the GUERLAIN Beauty Consultant at the Eligible Point of Sale where the reward was redeemed will contact the Member once their loyalty gift is available to be collected from said Eligible Point of Sale at a later date. Once the GUERLAIN Beauty Consultant has notified the Member that their gift is ready for collection from the Eligible Point of Sale, the Member has thirty (30) days to collect their reward. If the Member does not collect the gift within the thirty (30) days, then the gift will be forfeited (and the points that were used to redeem the gift will be lost and will not be reimbursed); and
3. if a Member redeems points for a benefit that is a service, they will need to arrange an appointment in-store for the service reward. That may be the same date or a later date in time, depending on availability. The service may also be offered in a different Eligible Point of Sale location if the service provision is not possible (or otherwise not available) in the Eligible Point of Sale location where requested.
2. On the Website, the following terms and conditions apply:
1. an online purchase of at least one (1) Product is necessary;
2. points can be redeemed for gifts (but not services);
3. if a Member redeems points for a benefit that is a gift, the gift will be delivered to the Customer at the same time as the Products purchased. The delivery address for the Product purchased and the gift must be the same (it is not possible to deliver the gift to a different address to the Product); and
4. a Member placing an order on the Website will not be able to redeem the points earned in that order on that same purchase. Members will be able to redeem points earned on the next purchase online or by visiting an Eligible Point of Sale.

 

13.5.4 Benefits (whether gifts or services) are subject to availability. Neither points nor benefits have cash value or are exchangeable or refundable.

 

13.6 Termination and modification of GUERLAIN&YOU Loyalty Programme

 

13.6.1 The rewards catalogue is updated regularly and GUERLAIN reserves the right to change the membership benefits from time to time for any operational or commercial reason. If such a change will impact a Member’s rights in a significant way, GUERLAIN will give notice of this.

 

13.6.2 GUERLAIN reserves the right to change the GUERLAIN&YOU Loyalty Programme from time to time. If you are a registered Member, GUERLAIN will provide you with at least thirty (30) days’ advance notice of any changes (unless the change is due to a change in law or for security reasons, in which case, GUERLAIN may need to make changes on shorter notice). If a Member does not wish to continue using their membership following the changes, the membership can be cancelled without penalty (see clause 13.6.3 below for instructions on how to cancel the membership).

 

13.6.3 Members can request membership termination of their GUERLAIN&YOU Loyalty Programme membership at any time by contacting Customer Services via GUERLAIN’s contact form here or by calling +44(0) 2035 142 400. In the event of membership termination, whether at the request of the Member or by GUERLAIN (as set out in clause 17), all earned points will be immediately removed. Membership termination will also result in termination of a Member’s GUERLAIN account.

 

13.6.4 GUERLAIN reserves the right to audit, suspend, freeze or terminate any membership if inactivity on the account exceeds a period of more than [twelve (12) / twenty-four (24)] months.

 

13.7 Eligible Points of Sale

 

13.7.1 As at the date of last update of these General Terms and Conditions of Sale (shown at the top of this page), the following are Eligible Points of Sale for the purposes of this clause 13:

 

1. Bentalls Kingston On Thames, Bentalls Centre Dolphin Street, Kingston Surrey, KT1 1TX;
2. Fenwick Canterbury, 6 St Georges Lane,kent, Canterbury, CT1 2TB;
3. Fenwick Colchester, 152 High Street, Colchester, CO1 1PN;
4. Fenwick Newcastle, Northumberland St,tyne & Wear, Newcastle Upon Tyne, NE99 1AR;
5. Fenwick York, The Coppergate Centre, York, YO1 9WY;
6. Flannels Fosse Park, Unit 12, Fosse Park West, Leicester, LE19 1HZ;
7. Flannels Meadowhall, 1 Park Lane, Sheffield, S9 1EP;
8. Guerlain Covent Garden Boutique, Unit 10, N. Piazza, Royal Opera Hse, Covent Garden, London, WC2 8HD;
9. H Beauty Edinburgh, St James Quarter, St James Crescent, Edinburgh, EH1 3AD;
10. H Beauty Lakeside, West Thurrock Way, Grays, RM20 2ZP;
11. H Beauty Milton Keynes, The Cntr, Goods Del West, Saklow Gt, Milton Keynes, MK9 3DJ;
12. H Beauty Newcastle, St Michaels Way, Metrocentre, Gateshead, Newcastle, NE11 9YG;
13. Harrods Knightsbridge Black Hall, 87 Brompton Rd,knightsbridge, London, SW1X 7XL;
14. Harrods Knightsbridge Boutique, 87 Brompton Rd,knightsbridge, London, SW1X 7XL;
15. Harrods Salon De Parfums, 6th Floor 87 Brompton Road, Knightsbridge London, SW1X 7XL;
16. Harvey Nichols London, 109-125 Knightsbridge, London, SW1X 7RG;
17. Harvey Nichols Leeds, 107-111 Briggate, Leeds, LS1 6AZ;
18. House Of Fraser (Beatties) Worcester, Crowngate, Worcester, WR1 3LD;
19. House Of Fraser (Binns) Darlington, 7 High Row, Darlington, DL3 7QE;
20. House Of Fraser (Dingles) Plymouth, Dingles, 40-46 Royal Parade, Plymouth, PL1 1DY;
21. House Of Fraser (Frasers) Glasgow, 45 Buchanan Street, Glasgow, G1 3HR;
22. House Of Fraser (Jollys) Bath, 13 Milsom Street, Bath, Avon, BA1 1DD;
23. House Of Fraser Belfast, Unit 41, Victoria Square, Belfast, BT1 4QG;
24. House Of Fraser Birmingham, Corporation Street, Birmingham, B2 5JS;
25. House Of Fraser Bluewater, Bluewater, Greenhithe, Kent, DA9 9SB;
26. House Of Fraser Bristol, Unit Ds1, The Circus, Cabot Circus, Bristol, BS1 3BD;
27. House Of Fraser Cheltenham, 32-48 The Promenade, Cheltenham, GL50 1HP;
28. House Of Fraser Croydon, Croydon Centrale,21 North End, Croydon, CR0 1TY;
29. House Of Fraser Guildford, 105/111 High Street, Guildford, Surrey, GU1 3DU;
30. House Of Fraser Manchester, 98-116 Deansgate, Manchester, M3 2QG;
31. House Of Fraser Reading, The Oracle Centre, Reading, RG1 2AS;
32. House Of Fraser Rushden Lakes, Unit 1, Northwalk, Rushden Lakes, NN10 6FG;
33. House Of Fraser Solihull, Warwick Road, Solihull, B91 3DU;
34. House Of Fraser Sutton Coldfield, Gracechurch Centre,, Sutton Coldfield, B72 1PB; and
35. Selfridges London, Oxford Street, London, W1A 1AB.

 

13.8 Acceptable use of membership

 

13.8.1 Members agree not to:

 

1. use the GUERLAIN&YOU Loyalty Programme inappropriately or in any way that breaches these General Terms and Conditions of Sale or any applicable local, national or international law or regulation; or
2. behave fraudulently or attempt or commit fraud or theft in a store and/or on the Website.

 

13.8.2 Any breach of these Loyalty Program Terms will give GUERLAIN the right to invoke its rights under clause 17.

14.1 GUERLAIN is the owner or licensee of all intellectual property rights in the Website and its content, the GUERLAIN name and mark and GUERLAIN product names, logos, trademarks, images and packaging. Those works are protected by intellectual property laws and treaties around the world. All such rights are reserved.

 

14.2 Customers are not granted any right to use, and may not use, any of GUERLAIN’s intellectual property rights other than as set out in these General Terms and Conditions of Sale.

 

14.3 No part of the Website, including, without limitation:

 

14.3.1 all intellectual property rights, of any kind, linked to the GUERLAIN&YOU Loyalty Programme (specifically including text, logos, brands, graphics, images, photos, videos, animation, trade names and any other component); and

 

14.3.2 all intellectual property rights attached to the Products,may be exploited, adapted, disseminated, copied, reproduced, represented, republished, uploaded, re-posted, modified, transmitted or distributed or otherwise used or utilized in any way or via any method for any non-personal, public or commercial purpose without GUERLAIN’s prior written consent.

15.1 Nothing in these General Terms and Conditions of Sale excludes or limits GUERLAIN’s liability for:

 

15.1.1 death or personal injury caused by GUERLAIN’s negligence;

 

15.1.2 fraud or fraudulent misrepresentation; and

 

15.1.3 any matter in respect of which it would be unlawful for GUERLAIN to exclude or restrict its liability.

 

15.2 If GUERLAIN fails to comply with these General Terms and Conditions of Sale, GUERLAIN shall be responsible for the Customer’s loss or damage which is suffered as a foreseeable result of GUERLAIN’s breach of these General Terms and Conditions of Sale or negligence, but GUERLAIN shall not be responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of GUERLAIN’s breach or if it was contemplated by the Customer and GUERLAIN at the time that the contract between the Parties for the order became binding (i.e. when the confirmation email for that order was issued).

 

15.3 GUERLAIN is under a legal duty to provide the Customer with Products that are in conformity with the terms applying to the order. Nothing in these General Terms and Conditions of Sale affects the Customer’s statutory rights. Advice about statutory rights is available from a Citizens' Advice Bureau or Trading Standards Office.

 

15.4 GUERLAIN only supplies Products for domestic and private use. The Customer agrees not to use the Products for any commercial or business purposes and GUERLAIN has no liability to the Customer for any loss of profit, loss of business, business interruption, or loss of business opportunity.

 

15.5 Subject to the foregoing, GUERLAIN’s maximum liability to the Customer under these General Terms and Conditions of Sale shall be either:

 

15.5.1 in respect of a particular order, the value of that order (which includes any delivery charges) as set out in the relevant confirmation email; or

 

15.5.2 in respect of the GUERLAIN&YOU Loyalty Programme or any other aspect of these General Terms and Conditions of Sale, one hundred pounds sterling (£100).

16.1 GUERLAIN will collect, use and otherwise process Customer personal data in connection with Customer orders and/or the GUERLAIN&YOU Loyalty Programme (as applicable).

 

16.2 For further details of how GUERLAIN processes Customers’ personal data, please read GUERLAIN’s Privacy Policy here. In particular, the Privacy Policy sets out certain rights that Customers have under the data protection laws in relation to their personal data. Those rights include the right to object to data processing in certain circumstances including where GUERLAIN processes such personal data based on legitimate interests or for direct marketing purposes.

 

16.3 If Customers have any concerns about the processing of their personal data, Customers can contact the DPO by email at dpo@guerlain.fr.

17.1 If a Customer breaches any of these General Terms and Conditions of Sale, GUERLAIN may immediately do any or all of the following (without limitation):

 

17.1.1 issue a warning;

 

17.1.2 temporarily or permanently withdraw the Customer’s right to use the Website;

 

17.1.3 temporarily or permanently withdraw the Customer’s right to participate in the GUERLAIN&YOU Loyalty Programme;

 

17.1.4 suspend or terminate the Customer’s GUERLAIN account;

 

17.1.5 issue legal proceedings against the Customer for reimbursement of all costs resulting from the breach (including, but not limited to, reasonable administrative and legal costs);

 

17.1.6 take further legal action against the Customer; and/or

 

17.1.7 disclose such information to law enforcement authorities as GUERLAIN reasonably feels is necessary to do so.

 

17.2 If GUERLAIN ends a contract of sale in the situations set out in clause 17.1, GUERLAIN will refund any money the Customer has paid in advance for undelivered Products but GUERLAIN may deduct or charge the Customer reasonable compensation for the net costs incurred as a result of the Customer breaching the contract.

18.1 For any information, complaints or questions relating to the General 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 here, when appropriate by providing their order number.

 

18.2 In the event of inappropriate behaviour by the Customer towards GUERLAIN personnel or members of the Customer Relations Department (violent, defamatory, obscene, shocking, indecent, indelicate comments, etc.), GUERLAIN reserves the right to: (i) report this Customer to the Customer Relations Department; (ii) no longer respond to this Customer by blocking their number; and/or (iii) exclude them from its customer database and subsequently withdraw the Customer's entitlement to the loyalty programme. This does not affect a Customer’s statutory rights.

19.1 These General Terms and Conditions of Sale are governed by English law. This means that the Customer’s access to and use of the Website, participating in the GUERLAIN&YOU Loyalty Program, and purchase of Products, and any dispute or claim arising out of or in connection therewith (including non-contractual disputes or claims) will be governed by English law.

 

19.2 The Customer may bring any dispute which may arise under these General Terms and Conditions of Sale to, at their discretion, either the competent court of England, or to the competent court of the Customer’s country of habitual residence if this country of habitual residence is within the United Kingdom or is a European Union Member State, which courts are (with the exclusion of any other court) competent to settle any of such a dispute. GUERLAIN shall bring any dispute which may arise under these General Terms and Conditions of Sale to the competent court of the Customer’s country of habitual residence if this is within the United Kingdom or is a European Union Member State or otherwise the competent court of England.

 

19.3 If a Customer is resident in the United Kingdom or the European Union and GUERLAIN directs the Website to (and/or pursue GUERLAIN’S commercial or professional activities in relation to the Website in) the country in which the Customer is resident, the Customer will benefit from any mandatory provisions of the law of the country in which it is resident. Nothing in these General Terms and Conditions of Sale affects the rights of a Customer to rely on such mandatory provisions of local law.