Telephone Orders Terms & Conditions of Sale
THESE TERMS OF SALE
Please read these Terms of Sale carefully and make sure that you understand them before you place a Telephone Order.
These Terms of Sale tell you who we are, how we will provide the products, how you may cancel the contract between us or return products, how we may change or end the contract, what to do if there is a problem, and other important information.
In these Terms of Sale the terms “L'Oréal”, “we”, “us” or “our” refer to L'Oréal (UK) Limited, acting through its trading division Kiehl’s Since 1851 and “you” refers to you, the user of Telephone Orders.
The contract between us and you
By accepting these Terms of Sale, you also accept and agree to be bound by any other policies and rules which govern your use of our services (which are incorporated by reference), as may be updated from time to time.
These Terms also refer to the following additional documents, which also apply to your use of Telephone Orders:
Each product purchased via Telephone Order is sold subject to its product description on the Kiehl’s Since 1851 website, https://www.kiehls.co.uk (the “Website”). The product description may set out specific conditions related to that product including, without limitation, terms and conditions concerning warranties, after-sales service and guarantees.
On accepting these Terms of Sale and the policies and rules incorporated by reference, you are concluding and confirming a legally binding contract with us. Your acceptance is indicated by your clicking on the ‘Accept’ button’ as provided on the Telephone Order payment page.
If you are not willing to be bound by these Terms of Sale and the other applicable rules and policies incorporated by reference, please do not click on the "Accept" button and do not use Telephone Orders to purchase products.
We recommend that you download or save a copy of these Terms of Sale for future reference.
INFORMATION ABOUT US
The products available via Telephone Order are offered for sale by L'Oréal (UK) Limited, acting through its trading division Kiehl’s Since 1851, a company incorporated in England and Wales with registered number 271555. L’Oréal’s registered office and main trading address is located at 255 Hammersmith Road, London, W6 8AZ, United Kingdom. Our VAT number is GB 438506540.
You can contact us by telephoning the local store where you placed your Telephone Order.
If you are calling us in relation to a specific order, please include details of your order to help us to identify it, including your order date and surname.
a) For postal deliveries, we only deliver to addresses within the United Kingdom, (excluding the Channel Islands and Isle of Man) and the Republic of Ireland. Please note that we do not deliver to P.O. box delivery addresses. Orders that are placed for delivery to addresses in other locations will be automatically rejected during the order process.b) For courier deliveries, we are only able to deliver to addresses within a fivemile radius from the Kiehl’s store where you placed your Telephone Order. Courier delivery is not currently available for addresses within Northern Ireland, Scotland or the Republic of Ireland. Orders that are placed for delivery to addresses outside the five-mile radius will be eligible for postal delivery in accordance with 3.1(a) above.
The products available for sale via Telephone Order, and any samples we may provide to you, are for personal use only. You should not purchase products for commercial or professional purposes.
Orders of products are limited to no more than 5 of any item, with a maximum purchase of £999 per customer.
We take all reasonable care to ensure that all details, product descriptions and prices of products are accurate at the time you place your Telephone Order.
Images of products on our Website are for illustrative purposes only. While we make every effort to ensure that colours and images are displayed accurately, we cannot guarantee that your device displays the colour and shades of our products accurately. The products that you order and the packaging of those products may vary from the images on the Website.
By placing a Telephone Order you warrant that you are at least eighteen (18) years old and that you are capable of entering into legally binding contracts.
You can place an order to purchase products by calling your local freestanding Kiehl’s boutique store. Once you have placed the Telephone Order, you will receive an email confirming the content and value of your order and prompting online payment. You will have an opportunity to check your order up until the point at which you pay for your order by clicking the “Pay’ button.
We will notify you by email as soon as possible to acknowledge receipt of your order and to provide you with instructions on how to make online payment. Order acknowledgement or confirmation emails confirm only that we have received your order and not that we have accepted it.
The contract between us will be concluded when we email you to confirm that delivery of the product(s) have been arranged. The contract for your order will be concluded in the United Kingdom, and the language of the contract will be English.
If we are unable to supply you with a product or your order cannot be accepted we will inform you of this as soon as possible.
In some cases we may not be able to accept an order. For example, this might be because a product is out of stock, because we have identified an error in the price or description, we have been unable to obtain authorisation for your payment, or you do not meet the eligibility to order criteria. We reserve the right to cancel or suspend any transaction we suspect is fraudulent or has been made for commercial or professional purposes.
We will, where possible give you the option to order a different product of the same type or alternatively, to cancel your order. Should you opt to cancel your order no charge will be made to your credit card and, in the event that we have already taken payment, a full refund will be made to your original payment method. Please note that it can take up to fourteen working days for funds to be transferred to your bank account.
We may include samples in your order at our discretion. Unless such samples are advertised as being linked to a purchase (in which case specific terms and conditions will govern the dissemination of those samples), such discretionary samples are subject to availability and available at our discretion. You may not sell or resell any of the samples you receive from us.
Where advertised as available, gift packaging and gift messages options are subject to the terms and conditions that govern those services. You agree not to send personal gift card messages with content that is threatening, embarrassing, abusive, harassing, obscene, hateful or otherwise inappropriate.
CANCELLING OR RETURNING ORDERS
You may change your mind about and cancel any order purchased from us online at any time from the date on which we email you to confirm that the order has been dispatched until fourteen (14) calendar days after you receive the product. For example: if we provide you with a dispatch confirmation email on 1 January and you receive the product on 10 January, you may cancel at any time between 1 January and the end of the day on 24 January.This does not apply to products which:
(a) are not suitable for return due to health protection or hygiene reasons.
(b) become unsealed after delivery (e.g. for perfume, if the sealed packaging has been opened).
(c) have been clearly personalised (such as by being engraved).
(d) by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly. This doesn't affect your statutory rights if goods are faulty or not as described.To cancel, you need to let us know that you have changed your mind by telephoning your local Kiehl’s store where you placed your Telephone Order (“Local Store”) or visiting your Local Store in person. Please include details of your order to help us to identify it, including the order date and surname.
If you have received your product before you changed your mind you must return it to us unopened and unsealed without undue delay (and in the meanwhile retain possession of the product and take reasonable care of them) and in any event not later than 14 days after the day on which you let us know that you wish to cancel.
If you do not wish to visit your Local Store to return your order, your Local Store will be able to provide you with telephone advice on how to return your order via post.
If you fail to return any product the direct cost of recovery of that product by us shall be borne by you. You shall assume all reasonable risks linked to the return of product(s).
You will be responsible for the cost of returning the product to us.Receiving a refund for your orders when you change your mind
Where the full order is returned due to change of mind, we will not refund any delivery costs you have paid to receive the product from us.
We will make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
(a) if you have received your product and we have not offered to collect it from you: 14 days after the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.
(b) if you have not received the product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.Returning a product because it has a fault or is not as described
As a consumer, you have legal rights in relation to products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause or anything else in the Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
If you have returned the product to us because they are faulty or not as described, we will examine the product as quickly as possible. If the non-compliant nature of the product is confirmed by us, we will refund the price of the product in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us (upon production of an applicable receipt).
We will refund you using the same means of payment you used for the initial transaction, unless expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the products back or you have supplied evidence of having sent back the products, whichever is earliest.
PRICES AND PAYMENT
The prices of the products are given in pounds sterling and are inclusive of VAT. We use our best efforts to ensure that the prices of the products are correct at the time of completing an order.
Once you receive email notification confirming receipt of your Telephone Order and prompting online payment via a secure link, you will have two hours in which you are able to make payment. Following expiry of the two-hour period, the payment link will no longer be active and your order will automatically be cancelled.
The final price payable by you for the product will be the price indicated on the page that is shown to you immediately before you place your order on the Website and in your order dispatch confirmation email.
We accept payment with MasterCard, VISA, and Maestro debit cards. All payments must be made at the time when the order is placed. Your credit or debit card will be charged when your order is ready for dispatch.
We use third party payment providers to receive payments. We are not responsible for delays or errors in transaction, execution or cancellation of orders due to payment issues.
Estimated Delivery by Post:
|Delivery Option***||Estimated Delivery Time|
|Standard Delivery||3-5 working days*|
|Express Delivery****||Next working day*†|
Estimated Delivery by Courier:
|Delivery Option***||Estimated Delivery Time|
Estimated Delivery for In-Store Click and Collect:
|Collection Option***||Estimated Collection Time|
When choosing the click and collect option you must show valid photographic ID and your confirmation email before the order can be released to you. If someone is collecting on your behalf then they will need to show valid photographic ID of themselves along with the confirmation email
|1+ hours (following confirmation of payment)|
* If order is placed before 12pm on a working day. If order is placed after 12pm or on any nonworking day, then estimated delivery will take an extra working day.
** If order is placed by 3pm and paid for by 5pm on a working day. If order is placed and paid for after 5pm or on any non-working day, then estimated delivery will take an extra working day.
*** You will be advised on the charges for delivering your order when you receive the email notification requesting payment for your Telephone Order.
****Express Delivery is only available at participating stores. Please check with your Local Store as to whether this can be offered.
†Please note that for delivery to Northern Ireland, Scottish Highlands, islands, Aberdeen and other rural areas an extra working day needs to be taken into account. For these areas, delivery by the “Express Delivery” option (if available) will be on the second working day.Delivery problems:
(a) We will not be liable or responsible if your delivery is affected by an event outside our control including in the event of overly long delivery time caused by the transportation services, and in the event of the loss of the products ordered. If a delivery is late, you must inform the Local Store either by telephone or by e-mail sent to the Local Store’s email address (as detailed in the email notification requesting payment for your Telephone Order). We shall then contact its chosen carrier in order to initiate an enquiry. Enquiries may take some time.
(b) Upon receipt of products ordered, you must check that products are compliant. Any delivery anomalies (missing or broken products, parcel damaged, etc.) must be noted by you on the form presented to you when the parcel is delivered and must be notified to the Local Store, either by telephone or by e-mail sent to the Local Store’s email address (as detailed in the email notification requesting payment for your Telephone Order), specifying which product does not match the order.
(c) If we miss the estimated delivery time for any products then you may cancel your order immediately if any of the following apply:
(i) we have refused to deliver the products;
(ii) delivery within the estimated time was essential (taking into account all the relevant circumstances); and
(iii) you communicated this to us before we accepted your order.
(d) If we miss the estimated delivery time for any products and you do not wish to cancel your order immediately, or do not have the right to do so, you can give us a new time for delivery, which must be reasonable, and you can cancel your order if we do not meet the new time.
(e) If you do choose to cancel your order for late delivery you can do so for just some of the products or all of them, unless splitting them up would significantly reduce their value. If the products have been delivered to you, you will have to return them to us, and we will pay the reasonable costs of this, subject to inclusion of an applicable returns delivery receipt. After you cancel your order we will refund any sums you have paid to us for the cancelled products and their delivery.
HOW WE USE YOUR PERSONAL DATA
OUR LIABILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We are responsible to you for foreseeable loss and damaged caused by us. If we fail to comply with our obligations under these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of us breaking this Contract, or our failure to use reasonable care and skill. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
Nothing in these Terms of Sale shall limit or exclude our liability (i) for death or personal injury caused by our negligence or (ii) fraudulent misrepresentation or (iii) any other liability which cannot be excluded or limited under applicable law.
Nothing in these Terms of Sale affects your statutory rights as a consumer including your statutory rights relating to faulty or misdescribed goods. For further information about your statutory rights in the UK, contact your local authority Trading Standards Department or Citizen’s Advice Bureau.
WE ARE NOT RESPONSIBLE FOR DELAYS OUTSIDE OUR CONTROL
If our supply of the products is delayed by an event outside of our control then we will contact you as soon as possible to let you know that a delay may occur, and we will take steps to minimise the effect of the delay. We will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products for which you have paid for but have not received.
OUR RIGHT TO VARY THESE TERMS
We may update these Terms from time to time, for example to reflect changes in the law or to meet regulatory requirements, and reserve the right to do so at any time without any prior written notice to you. Your continued use of Telephone Orders subsequent to the posting of changes or updates shall mean that you accept and agree to the revisions, but we recommend that every time you order products via Telephone Order that you check these Terms to ensure you understand the terms which will apply at that time which will apply to the Contract between us.
If we have to revise these Terms as they apply to an existing order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes.
OTHER IMPORTANT TERMS
We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
These Terms and the dispatch confirmation sent to you together form a contractual whole and constitute the entirety of the contractual relations between us.
In the event of a contradiction between these documents, these Terms shall prevail.
These Terms are governed by English law and you can bring legal proceedings in respect of these Terms in the English courts. If you live in Scotland you can bring legal proceedings in respect of these Terms in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in either the Norther Irish or the English courts.
Thank you for shopping at Kiehl’s Since 1851.