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Conditions of sale

Preamble


The current General Conditions for Sale are concluded between:

• one party, the company L’Oréal Nederland BV, with EU business registration ID 32025040, European Community VAT number: NL001131679B02, whose headquarters are situated at Scorpius 1, Hoofddorp, The Netherlands, email : service@kiehls.nl, acting for KIEHL’S brand, hereafter called “the Vendor” and,

• the other party, the physical persons using the internet sites: www. kiehls.be ou www. kiehls.nl ou www. kiehls.lu (hereafter called “the Site”) and/or wishing to effect a purchase via the Site and having carried out one or more order(s), hereafter called “the Purchaser” or “the Purchasers”.

The Site proposes sales to Purchasers on the Site of cosmetic products of KIEHL’S marque (hereafter called the “Products”).

The company CyberSource (hereafter “CyberSource”), whose headquarters are situated on The WaterFront 300 Thame Valley Park DR., Thames Valley Park, Reading RG6 1PT, Great Britain, registered with the English Register of Commerce reference number 3425262, is in charge of on line payments.

For the application of the current General Conditions of Sale, it is agreed that the Purchaser and the Vendor will collectively be called “the Parties” and individually called “the Party”.

It is stated that the Purchaser can safeguard or erase the current General Conditions of Sale, always on condition not to alter them.

The General Conditions for Sale in force can be consulted at any time under the heading “General Conditions for Sale” accessible via all Site pages.
The Vendor can, at any time, update the current General Conditions for Sale.

The Purchaser has the right to notify the Vendor that he is cancelling the purchase of one or more of the Products without penalties being incurred, and without stating the reason for it within fourteen (14) calander days starting from the day after their delivery, in order to do this the Purchaser goes to the Vendor’s Customer Services, via the home page under Contact Vendor.

Subject


The current General Conditions for Sale have for their aim to make a full definition, due to them being on the Internet network and solely on Site, the rights and obligations of the Parties arising from on line sales of the Products advertised on the Site.

The current General Conditions for Sale determine all the necessary stages for the completion of an order as described in SECTION 5 “Ways to order” and assures compliance to this between the Parties.

The current General Conditions for Sale are applied to all offers on the Site, on all orders placed by the Purchasers via the Site and all consecutive agreements between the Vendor and Purchasers.

Conditions of sale


The Purchaser wishing to make purchases on the Site agrees to comply with the following conditions:

• To be 16 years of age or over,

• To be an actual person

• Is legally valid

Every proposed Product bid on the Site is made in the supposition that the General Conditions for Sale have been read and accepted by the Purchaser, it is not always necessary that this acceptance has to be accompanied by the handwritten signature of the Purchaser. Adaptations and additions to the General Conditions for Sale will only be valid if they are accepted in writing by both Parties.

It is stated that the Products are meant exclusively for personal use by the Purchaser, without any direct link to his/her business. To these ends, the attention of the Purchaser is particularly drawn to the fact that the same Purchaser will only be able to order a maximum of twenty (20) Products and five (5) Products in one order in a single sale, within a period of one (1) month and within a maximum limit of six hundred ( 600) Euros including tax. Where the order is greater than this figure and/or amounts as above, the order will be considered as void.

Products


3.1 Product description

The Products proposed for sale by the Vendor are those figuring on the Site, on the day that the Purchaser visits the Site.
The photographs illustrating the Products are not included in the contractual field. If they present a false image, it is the responsibility of the Vendor not to be knowingly involved with this.

3.2 Availability of the Products

The Products are offered for sale subject to the limits of available stock, under reserve of the stipulated conditions in the current General Conditions for Sale and in particular the Preamble and SECTION 2 and under the reserve of the following specific restrictions:

• for transportation reasons, aerosols are not offered for sale,

• alcoholic products (perfumes) are limited to 200 ml per parcel,

Where one of the Products is unavailable, the Purchaser will be informed as soon as possible by email of the partial delivery of an order or of the cancellation of the order by the Vendor’s Customer Services.

This information could be informed to him/her:

• on making the order: a window opens and indicates that the wanted product is temporarily unavailable, or,

• following the confirmation of the order and before delivery.

The Purchaser will have, therefore, 2 working days (not including the week-end and bank holidays) to request the cancellation of his/her order or the delivery to be sent under particular conditions (partial delivery or exchange of one or more of the unavailable Products) of his/her order, by contacting Customer Services on the page Contact Vendor. After this 48 hour deadline, and if no request from the Purchaser has been made to Customer Services, the partial order will be expedited and delivered to the Purchaser at standard delivery tariff.

If the bank account of the Purchaser has already been debited at the time when the order was made by the Purchaser, the Vendor will take the necessary measures with the banking group CyberSource to reimburse the price of the unavailable Product(s) to the bank account of the Purchaser.

Where the unavailability of a product is found out after the order has been validated, and where the Purchaser has requested the partial or full cancellation of his/her order, the Vendor agrees to reimburse the paid sums within thirty (30) days at the latest after their being debited.

3.3 Reservation of ownership

The ordered products remain the property of the Vendor until they have been fully paid for, including postage costs, to the Vendor. Where there is a hitch in payment, the Purchaser agrees to return the received products to the Vendor, on the first request.

Price and Payment


4.1 Price:

The prices of the Products are indicated in Euros (€). The applicable prices are indicated on the Site at the time when the Purchaser makes his/her order, apart from when there is a typing error.

These prices include all taxes as well as including VAT at the rate applicable on the day of the order.

In exception to this principle, the fees and rights linked to the transport and delivery of one or more of the Products will be invoiced in addition and will be stated to the Purchaser on the definitive validation of the order and added to the total price of the order.

The invoiced prices to the Purchaser are the prices indicated on the confirmation of the order sent by email by the Vendor.

The prices are liable to VAT and all changes to the legal rate for VAT will be reflected on the price of the Products shown on the Site, on the stipulated date referring to its application.

The Vendor reserves the right to modify the prices at any time but the Products will be invoiced on the basis of the price valid at the time of registration of the order, under reserve nevertheless of the availability of the aforesaid ordered Products.

4.2 Payment:

Except for the unavailability of the server, payment must be made immediately on the Internet at the time of the order, in Euros, exclusively by credit/debit card (Blue, Visa, MasterCard, Eurocard), to the exclusion of all other means of payment.
The Purchaser will enter his/her card number, its expiration date, the name of the holder and the security number.

Where the Purchaser uses a bank card for an account, which is located outside the Euro-zone, the Purchaser could be asked by his/her bank to pay a fee for currency exchange and bank commission, which are at his expense.

The Consumer guarantees the Vendor that he has the necessary authorisation to use the method of payment chosen at the time of the order. Where there is a bank refusal, the order will be automatically cancelled.

Methods for ordering


5.1 Ordering methods

To make an order, the Purchaser must first of all be connected to the Site.
The Purchaser will have the opportunity to choose his/her Products in (i) navigating between the different categories of the Products,(ii) striking directly on the Product name “Research” [« Rechercher »], clicking on the icon “Express Purchase” [« Achat Express »] and accessing the full range of Products.

Navigating between the different pages of the Site does not mean any agreement for the Consumer to make a purchase.
In the course of navigating around the Site, the Purchaser wishing to make an order can do it by simply clicking on the icon “Add to basket” [« Ajouter au panier »].

As soon as this operation has been effected the Purchaser will see an attachment next to “basket” [« Panier »] the number of articles in his shopping basket.
The Purchaser can then carry on with his visit or click on the button “basket” [« Panier »] to see his shopping basket on the screen, containing all items ordered and especially the total including delivery costs, the nature of the Products ordered and their quantity.

The Purchaser can return to this order, to complete it, or to modify it, cancel it if he/she does not want to complete it. If the Purchaser wants to choose some other Product(s), he only has to click on the “Continue with your purchases” [« Poursuivre vos achats »], being sure of the Product(s) that you have just selected remains under the heading “shopping basket” [« Panier »].

The Purchaser is informed of the possibility, at any time of the process of making an order – to know until the final payment is made in accordance with SECTION 5 – of returning to this order, to complete it, modify it, cancel it, up to the moment when it is definitively validated.

Once the selection of Products is finished, the Purchaser can order them by clicking on “shopping basket” [« Panier »] to see the shopping basket then on “validate order” [« Valider la commande »]. Then a new Internet page will invite the Purchaser to:

• state his/her identity (email address) and his/her password if the Purchaser is already a member on the Site,

• fill in a form (accurately) to collect personal data the following fields are obligatory: Surname, Forename, Email address, Invoicing address, Delivery address (the address to which the delivery will be made during working hours from Monday to Friday0, telephone number.

The Purchaser agrees to complete the form presented to him/her in good faith.
The Purchaser is aware that the data that he/she gives to the Vendor and which are kept in the Vendor’s databanks are correct and valid proof of his/her identity.
In validating his/her details, the Purchaser is informed of the delivery fees’ total.

5.2 Confirmation of the order

Once the order is confirmed and payment has been validated according to the methods as stated in SECTION 4 (furnishing of credit/debit card number, expiry date, and where necessary security number), an unprintable and unrecorded summary of the Purchaser’s order is shown and will make state the order’s references.

The Purchaser is also informed by a confirmation email which will be sent as soon as possible by the Vendor to the email address as furnished by the Purchaser.

This order confirmation email sent by the Vendor will include the following information:

- the number of the order as determined by the Vendor at the time that the order is placed by the Purchaser,

- the order statement (description of the Product(s) ordered, quantity, price),

- the total amount of the order, including all taxes

- postage costs,

- confirmation of payment.

The Vendor reserves the right to refuse any order or delivery where there is an excess of the amounts as indicated in SECTION 2 of the current General Conditions for Sale, of any litigation existing with the Purchaser, of full or partial non-payment of a previous order by the Purchaser, a refusal of authorisation for payment by the credit/debit card organisation or bank, for non-payment or partial payment.

In order to protect the Vendor from abusive practices operated by fraudsters, and in the case where the Vendor or on Line Payment Provider suspects a fraudulent order, they reserve the right to ask the Purchaser for extra information (especially proof of address and the debit in the name of the Purchaser, a photocopy of the Purchaser’s identity card) in order to verify his/her non-fraudulent character.

In the absence of a reply on behalf of the Purchaser within fifteen (15) days following the request by the Vendor or the on Line Payment Provider, the order will be annulled and the Vendor will proceed as quickly as possible to reimburse him/her via the bank account debited at the time of the order.

5.3 Proof of order

In a general manner, it is laid down in an express agreement between the Vendor and Purchaser that email communication will be faithfully carried out between the Parties as will the automatic registrations used on the Site, especially as to their nature and date of the order.

The Purchaser can access the electronic contract between the Purchaser and the Vendor. To do this he/she goes to Customer Services (finding this on the Contact Client page) to which he/she will provide all necessary information to do this, especially the order number and his/her personal details.

Delivery


The Products ordered by the Purchaser will be delivered exclusively in Belgium, the Netherlands and Luxembourg.

6.1 Delivery methods

The Products ordered by the Purchaser will be delivered to the address as provided by him/her on a confirmed order or deposited with the Post Office for the delivery address as stated by the Purchaser, in the case where the person for delivery is not at home.
In this scenario, the deliverer will leave an advisory note in the letterbox of the said destinee.

6.2 Deadlines

The orders are treated within a maximum delay of seventy two (72) hours.
The orders are then sent via normal postal services, and especially by means of the service "Colissimo suivi" by which the Post guarantees delivery within forty eight (48) hours.

In all cases, the order will be executed within a delay of thirty (30) days starting from the validation of his/her order by the Purchaser, under reserve of a complete payment being made.

If there has not been a delivery within this deadline, the Purchaser will have the opportunity to cancel his order according to the conditions as stated in SECTION 6.3 hereafter. The sums paid by the Purchaser will be restored to him/her, without any other compensation.

6.3 Delivery problems

In the case where the maximum thirty (30) day deadline has been exceeded and if the ordered Product(s) have still not been sent, the Purchaser will be able to exercise his/her right to cancel the order through Customer Services by going to the Contact page.

Starting from the time of cancellation, the Vendor effects a reimbursement, to the bank account debited for the order, within the shortest possible time, without there being any other compensation.

Where there is a partial delivery, the delivery could be made in several goes, and this right only concerns the part of the order not delivered.

Any lateness in delivery should be advised as quickly as possible by the Purchaser to the Vendor’s Customer Services:

• by post to the following address:

Kiehl's store Amsterdam - Hobbemastraat 4 - 1071ZA Amsterdam

• by email to the following address: service@kiehls.nl

• by telephone to 0031 20 675 08 91 * from 10 a.m. to 4 p.m. from Monday to Friday (* normal call charges apply).

The Vendor will approach the postal services so that an enquiry can be undertaken. The Purchaser agrees to having been informed that such an enquiry necessitates particulars that may involve a relatively long response time.
If during the course of this enquiry, the parcel is found, it will be immediately rerouted to the original order delivery place.

Nevertheless, if at the start of this enquiry the loss of the parcel containing the Product(s) is confirmed, the Vendor will expedite, at his/her expense, the re-issuing of the Product(s) to the Purchaser or in the case where there is a definite unavailability, will reimburse, on the bank account debited at the time of the order, the Purchaser the sums taken according to the methods of the current General Conditions for Sale.

6.4 Reception

Each delivery is considered as having been effected as soon as the Product(s) is made available to the Purchaser by the postal services.

It is the responsibility of the Purchaser to immediately check at the time of delivery of the Product(s) if they are correct.

Any anomaly concerning delivery (especially a missing or broken Product, a damaged parcel, ...) should be notified by the Purchaser on reception of the Product(s) when presented by the Post at the time the parcel is delivered and must be notified within seven (7) days from its being received to the aforementioned Vendor’s Customer Services, without which the claim will be rejected and the Vendor will be relieved of all responsibility.

In all cases, the Purchaser can only exercise his/her recourse against the Post to which he must address his/her query. Any query must be confirmed by registered letter within three (3) days following its delivery.

Any query of this nature must also be notified to the Vendor’s Customer Services within the same deadline and in the same fashion by going to the Contact page.
A copy of the claim addressed to the Post should also be attached.

Any claim made after this deadline or not complying with its required formulation will be rejected and the vendor relieved of his responsibilities.

In the case where one of the Products is defective, the Purchaser must get in touch with the Vendor’s Customer Services in the conditions mentioned above. In the case, where the Products are returned to the Vendor at the expense of the Purchaser. On receiving the Product(s) presumed defective, the Vendor will make an examination of the presumed defective Product(s). If the defective nature of the Product(s) is accepted, the Purchaser will be reimbursed with the corresponding sums for the price of the Product(s) and costs for their return.

Right to retract


The Purchaser has the right to notify the Vendor that he/she is cancelling the purchase of one or more of the Products without penalty and without stating the reason in fourteen (14) calander days starting from the day after their delivery. To do this the Purchaser notifies the vendor’s Customer Services, via the Contact page.
The Product(s) must be returned complete, unopened, in their original intact condition and in their original packaging and return slip (found in the received parcel), with the invoice and with an accompanying note to the following address within fourteen (14) calander days starting from the day after the delivery of the order:

Zoning II - Nivelles Sud
Rue du Bosquet 36 - 1400 Nivelles

Attention: returned Products without a return slip will not be accepted.
The Vendor agrees to reimburse the Purchaser for all paid sums. The reimbursement will be made to the debited bank account for the order, within a maximum delay of thirty (30) days after the Purchaser has exercised his/her right to retraction, under the reserve that the above conditions have been complied with.

The return costs of the Product(s) to the Vendor will not be reimbursed, in accordance with the aforementioned.

Otherwise, for all non conforming Products in the sense of SECTION 8 hereafter to be exchanged or reimbursed, the Purchaser must make contact with the Vendor’s Customer Services by going to the Contact page. The Customer Services will inform the Purchaser of the way to go about it.

The Products must be returned in good condition with original packaging and with invoice copy, accompanied by its return slip.

The Vendor does not accept parcels addressed as postage to be paid by receiver.
All risks linked to the return of the Product(s) are with the Purchaser.

On receiving the presumed non-conforming Product(s), the Vendor will make a check, as soon as possible, of the Product(s) in question. If the non-conforming nature of one or more of the Product(s) is confirmed, the Vendor will proceed with a reimbursement, to the debited bank account for the order, for the Product(s) not conforming as well as return costs within a deadline of thirty (30) days after the reception of the Product(s) not conforming.

In other cases, the Vendor will be able to proceed with a quality test of the returned Product(s) by the Purchaser, in order to verify the returned Product(s) as being from Kiehl’s marque.

Right for conformity and Guarantee


In accordance to SECTIONS 1649 bis to 1649 octies of the Civil Code, the Vendor in as much as the professional Vendor guarantees that the Products conform to the usage for which it is intended, and do not have any defects or hidden faults rendering them dangerous or improper for their normal use.

In order to conform to the contract, the Product must:

- correspond to the given description by the Vendor and possess the qualities of the Product that the Vendor advertised or the Purchaser’s model,

- be correct for any special use as requested by the Purchaser, which has been brought to the knowledge of the Vendor at the time of making the contract and which the Vendor has accepted,

- be correct for uses which are generally applied to products of the same type,

- to function for the general services of a product of the same type, to which the Purchaser can reasonably expect, having regard to the nature of the Product and, as the case may be, complying to the public declarations about the concrete characteristics of the Product by the vendor or his representative, especially in regard to advertising and labelling.

The Vendor replies directly to the Purchaser about any faults in conformity that exist from the Product’s delivery and that are apparent within a time period of two years from its delivery.

This action by the Purchaser should be taken within a time period of one year starting from the date where he has discovered the conformity fault, without this time period expiring before the end of the two year time period, as stated in the previous paragraph.

In the case where the Product(s) not conforming in the sense of SECTION 1649 (3 examples), paragraph 1 of the Civil Code, other than damages and interest where they occur, the Purchaser has the right to insist that the Vendor replies to a fault in conformity by application of SECTION 1649 (4 examples) of the Civil Code:

• the repair of the Product or its replacement without cost, unless this is impossible or disproportionate,

• an adequate reduction of the price or the renegotiation of the contract if there is neither a repair or replacement of the Product, or if the Vendor has not effected the repair or replacement within a reasonable delay or without a serious inconvenience to the Purchaser.

In derogation to the previous paragraph, the Purchaser does not have the right to demand the renegotiation of the contract if the conformity fault is minor.

The Vendor agrees to reimburse the Purchaser within a maximum time-span of thirty (30) days, under reserve that the aforementioned conditions are respected.

Acces code and Password


The Purchaser has the opportunity to become a member of the Site. In this case, he/she should fill in an application form, drawn up for this purpose, taking special note of the following obligatory fields: Surname, Forename, Full postal address, Email address, Password.

The Purchaser will have personal access on the basis of two identifications (email address) / password.

His/her codes will enable him/her to be identified at the time of the confirmation of the order.

Each Purchaser is responsible for his personal codes. In the case of loss or theft of a Purchaser’s password, the Vendor will apply, within forty eight (48) hours after notification from the Purchaser, to open the emergency procedure for the suspension of access rights for this Purchaser.

The re-establishment of these rights will necessitate on the part of the Purchaser that he uses the link “password forgotten” [« mot de passe oublié »]. A new password will be sent to the Purchaser by email within forty eight (48) hours opened following his/her request.

List of names


The advice of the listing of names collected in the sphere of long distance sales is obligatory, this information being necessary for the treatment and delivery of orders as well as for establishing invoices. These are strictly confidential. They can only be used by the Vendor or his sub-contractors, liable to the same obligations, as for the treatment of completed orders.

Any fault in registration will result in automatic rejection of the order.
The Purchaser has a right of access, of modification, rectification and erasure of the data concerned.

To exercise this right, the Purchaser should send an email, together with a proof of identity, to customer Services at the following address: service@kiehls.nl.

Force majeure


No Party will be responsible for the total or partial non-execution of his/her obligations under the heading of the current contract, if this non-execution comes from an incidence of force majeure.

It will be considered as being force majeure where the events fitting the criteria as fixed by law in Belgian Courts and under Belgian legislation.

The Party invoking an event as being of force majeure must be advised to the other Party within five working days following the unexpected occurrence or the threat of this event.

The Parties agree that they must be advised as soon as possible in order to decide together the ways in which the order can be carried out during an occurrence of force majeure.

After a time-span of one (1) month of interruption due to force majeure, the Vendor can cease to carry on with the order, he is charged with reimbursing the Purchaser as the case may be.

Responsibility


If all measures have been taken to ensure that the colours of the Products’ photos present on the Site are accurate to the original Products, some variations could occur, especially for reasons of technical limitations in the computers’ capacities. In consequence, the Vendor cannot be held responsible for errors in exactitudes of the photographs or the Products’ graphic representations presented on the Site
The Vendor incurs no responsibility for a lack of stock or the unavailability of Products.
The Vendor declines any responsibility neither for delays in delivery, nor for loss of ordered Products by the postal services or strikes in the postal service. It is stated the transport risks are with the Purchaser.

The responsibility of the Vendor will not in any case be involving the personalised access codes used by the Purchasers. In the case of loss or theft of the access code and/or the identification of a Purchaser, the vendor must be informed of this by sending an email to Customer Services at the following address kiehls@service.nl.
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Partial non validity


If one or several of the clauses in the current General Conditions for Sale are held as non-valid or declared as being contrary to a law, a regulation, or stated case, the other clauses will keep their power and weight.

Contract integrity


The current General Conditions for Sale and the summary of the order sent to the Purchaser form a contract and constitute the whole contractual relation between the Parties.

Where there is a contradiction contained in these documents, the General Conditions for Sale prevail.

Applicable jurisdiction


The current General Conditions for Sale and contractual relations between the Vendor and the Purchaser come under Dutch Law.
Any disagreement which occurs about their validation, their interpretation or their execution and cannot be amicably resolved by the Parties, will be submitted to the applicable Dutch courts.

L’Oréal Nederland B.V.
Scorpius 1
2132 – LR Hoofddorp
Tel: 0031 235499499
EU Business registration ID: 32025040